HomeMy WebLinkAboutResolutions - 2006.02.02 - 28127Planning & Building Committee/Vote:
Motion carried unanimously on a roll call vote.
February 2, 2006
MISCELLANEOUS RESOLUTION #06024
BY: Planning and Building Committee, Charles E. Palmer, Chair
IN RE: RESOLUTION APPROVING FORM OF SUBLEASE AMONG THE COUNTY
OF OAKLAND AS LESSOR, THE CITY OF PONTIAC AND THE CITY OF
PONTIAC GENERAL BUILDING AUTHORITY AS LESSEES AND THE CITY OF
PONTIAC TAX INCREMENT FINANCE AUTHORITY REGARDING THE PHOENIX
CENTER LOCATED IN THE CITY OF PONTIAC, OAKLAND COUNTY, MICHIGAN
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS, there has been prepared and attached hereto as
APPENDIX A, a form of sublease among the County of Oakland (the
"County"), the City of Pontiac (the "City"), the City of Pontiac
General Building Authority (the "City Authority"), and the City
of Pontiac Tax Increment Finance Authority (the "Sublease")
whereby the City and the City Authority will sublease certain
real estate described therein from the County for up to twenty-
one (21) years; and
WHEREAS, the final Sublease cannot be completed until the
bonds are sold for the project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF THE COUNTY OF OAKLAND, MICHIGAN, as follows:
1. The Sublease, in the form attached hereto as APPENDIX
A, is hereby approved and the blanks therein continued in
Appendix B and C of the Sublease shall be completed by the
Chairperson of the Board of Commissioners of the County after
the bonds are sold which will include inserting the debt
retirement schedule for the bonds.
2. The Chairperson of the Board of Commissioners of the
County and the County Clerk are hereby authorized to execute and
deliver the Sublease once the blanks therein have been
completed.
3. All resolutions and parts of resolutions, insofar as
they conflict with the foregoing resolution, are hereby
rescinded.
Chairperson on behalf of the Planning and Building
Committee, I move adoption of the foregoing resolution.
PLANNING & BUILDING COMMITTEE
APPENDIX A
SUBLEASE
THIS SUBLEASE ("Sublease") made as of February 1, 2006 by
and among the COUNTY OF OAKLAND (the "County"), a State of
Michigan Constitutional and Municipal Corporation, the CITY OF
PONTIAC (the "City"), a municipal corporation located in the
County of Oakland, State of Michigan organized and existing under
the Home Rule City Act, the CITY OF PONTIAC GENERAL BUILDING
AUTHORITY (the "City Authority"), an authority organized and
existing under and pursuant to the provisions of Act No. 31,
Public Acts of Michigan, 1948 (First Extra Session), as amended
("Act 31") and the CITY OF PONTIAC TAX INCREMENT FINANCE
AUTHORITY (the "TIFA") an authority organized and existing under
and pursuant to the provisions of Act No. 450, Public Acts of
Michigan, 1980, as amended ("Act 450").
WITNESSETH:
WHEREAS, the Oakland County Building Authority (the
"Authority") has been incorporated by the County for the purpose
of acquiring, furnishing, equipping, owning, improving,
enlarging, operating and maintaining a building or buildings,
automobile parking lots or structures, recreational facilities
and stadiums, and the necessary site or sites therefor, for the
use of the County; and
WHEREAS, the _County desires to undertake a project
consisting of the acquisition of the Project as more fully
described in APPENDIX A to this Sublease (the "Project"), and it
is proposed that the Authority undertake the Project as more
fully described in a certain Full Faith and Credit General
Obligation Lease Contract (the "County Lease") pursuant to which
the Project is being acquired by the Authority for the County;
and
WHEREAS, once the Authority has acquired the Project the
County wishes to sublease part of it to the City and the City
Authority pursuant to the terms of this Sublease;
WHEREAS, the County and City agree that the Project may be
used involving homeland security events with the mutual consent
of both parties.
THEREFORE, IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS AND
AGREEMENTS SET FORTH BELOW, IT IS HEREBY AGREED BY AND BETWEEN
THE PARTIES TO THIS SUBLEASE AS FOLLOWS:
1. Authorization and Issuance of Bonds. The County
intends to cause the Authority to issue its building authority
bonds in the aggregate principal amount of not to exceed
$20,500,000 (the "Bonds") for the purpose of defraying part or
all of the cost of the Project. The Bonds are to be dated
February 1, 2006 or the first day of any later month in 2006 and
bear interest at a rate that will result in a net interest cost
of not to exceed 8% per annum. Interest shall be payable semi-
annually on and shall begin as specified in the Bond Resolution
until maturity of the Bonds and shall mature in accordance with
the Debt Retirement Schedule set forth on APPENDIX B to this
Sublease. Each date on which any payment of principal of and/or
interest on any Bond is due is referred to herein as a "Bond
Payment Date." The Bonds may be payable on the first day of a
different month if necessary to match rental income paid to the
County.
The County and the City recognize and acknowledge that (a)
such Debt Retirement Schedule is based upon an assumed interest
rate and date of issuance of the Bonds and assumed Bond Payment
Dates, all as set forth in APPENDIX B, (b) the Bond Payment Dates
will be specified in the Bond Resolution, (c) the date and amount
of each payment of cash rental required under this Sublease will
be determined (subject to the limitations expressed in the
preceding paragraph of this Section) when the Bond Resolution is
adopted by the Authority and the Bonds are sold, by application
of the rate or rates of interest (that will result in a net
interest cost not exceeding 8% annum) actually borne by the
Bonds.
The Bonds shall be sold subject to redemption prior to
maturity at the option of the Authority and at the direction of
the City Finance Director, with the redemption premiums and upon
sUch'termS -a --a-re set - forth rff—APPENDIX C attached—hereto: -The
Authority agrees that upon request of the City it shall redeem
the Bonds; provided the City has deposited or will deposit
sufficient money to permit such redemption with the Authority
prior to calling the Bonds.
In the event that for any reason after the date upon which
this Sublease is executed, but before the Bonds have been issued,
it appears to the County and the City that the part of the
Project to be paid by Bond proceeds can be accomplished for less
than $20,500,000, the County shall cause the Authority to reduce
the amount of Bonds to be issued in multiples of $5,000 and
reduce the annual maturities or the years of maturities as the
County shall direct and as approved by the City Finance Director.
2. Acquisition of Project. The Authority will acquire the
Project from the City of Pontiac General Building Authority by
Warranty Deed.
3. Maximum Project Costs. The acquisition of the Project
shall occur after issuance of the Bonds and the maximum cost of
the Project cannot exceed $20,500,000. The actual cost of the
Project will be determined as follows:
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a. $11,135,000, plus the amount of the difference between
2% and the actual discount on the Bonds; and
b. The actual amount of Bond Proceeds deposited with the
escrow agent to defease the City of Pontiac General Building
Authority, Building Authority Bonds, Series 2002.
4. Structural Alteration, Maintenance, and Repair
Insurance Requirements. In the event any work is done on the
Project, the County shall cause the City to require any
contractor or contractors for the Project to furnish all
necessary bonds guaranteeing performance and all labor and
material bonds and all owner's protective, workers' compensation
and liability insurance required for the protection of the
Authority, the County, and the City. Such bonds and insurance,
and the amounts thereof, shall be subject to approval of an
authorized official of the County and the Authority.
5. Sublease Term; Possession. (a) The County does
hereby sublease the Project to the City and the City Authority
for a term commencing on the effective date of this Sublease
(determined as provided in paragraph 20) for 21 years after
acquisition of the Project. Possession of the Project, subject
to the Sublease, shall vest in the City upon the execution of the
Sublease. The City agrees to use the Project solely for lawful
purposes. (b) Upon retirement of the Bonds, the County agrees to
cause the Authority to convey the Project to the City without
consideration. (c) Upon termination of this Sublease in the
manner set forth above, the County shall promptly pay over to the
City any an all funds held by -it -pertaining to the Bonds or in
any other manner relating to the Project.
6. Cash Rental.
(a) Agreement of the TIFA.
In order to provide payments due to the County from the
City, the TIFA agrees to such periodic amounts as shall be
sufficient to enable the County to meet its payments to the
Authority on the Project to pay the principal of and
interest on the Bonds as such principal and interest shall
become due, whether at maturity or by redemption. During
the term of the Sublease or any extensions thereof, the TIFA
shall pay to the County, at least 30 days before each Bond
Payment Date, an amount sufficient to pay the principal
and/or interest due on the Bonds on such Bond Payment Date
to the fullest extent that tax increment revenues from the
TIFA's Development Area No. 2 are available to pay such
principal and/or interest then due.
Anything in this Sublease to the contrary notwithstanding,
the TIFA shall only be responsible for paying cash rentals
and other amounts hereunder from available tax increment
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revenues generated from the TIFA's Development Area No. 2.
The TIFA's obligation to pay the cash rentals and other
amounts under this Sublease is subject to its obligation to
pay debt service on its outstanding Tax Increment Revenue
Bonds and its obligation to make payments to the City
Building authority for any of its bonds, issued before the
date hereof.
(b) Agreement of the City.
(1) Amount of Payment. In the event that the TIFA is unable
to fully meet its payment obligations to the County under
Section 6(a) above, the City hereby agrees during the term
of this Sublease or any renewal hereof to pay to the County
as cash rental for the Project such periodic amounts as
shall be sufficient, together with the required TIFA
payments under Section 6(a) above, to enable the County to
meet its payments to the Authority on the Project to pay the
principal of and interest on the Bonds as such principal and
interest shall become due, whether at maturity or by
redemption. During the term of the Sublease or any
extensions thereof, the City shall pay to the County, at
least 30 days before each Bond Payment Date, an amount
sufficient, together with the required TIFA payments under
Section 6(a) above, to pay the principal and/or interest due
on the Bonds on such Bond Payment Date.
(2) Payment from General Fund or other Funds. In the event
the TIFA fails, for any reason, to make the full amount of
the payments due under (a) of this paragraph, the City
hereby agrees to pay such shortfalls from its general fund,
or such other fund(s) as the City may designate, the cash
rental payments when due. The obligation of the City to
make such cash rental payments shall not be subject to any
set-off by the City nor shall there be any abatement of the
cash rental payments for any cause, including, but not
limited to, casualty that results in the Project being
untenantable.
(3) Right of the County to Affect Amounts due to the City
from the Oakland County Delinquent Tax Revolving Fund. In
the event that the City has failed to make any payments on
the Bonds to the County on the date such payment is due;
thereafter, any time the County owes to the City an amount
due from the Oakland County Delinquent Tax Revolving Fund,
the County shall, prior to making any payments to the City,
deduct from the amount of such payment the amount due on the
Bonds plus interest on that amount from the date due to the
date withheld at the rate of one percent (1%) per month and
pay that amount to itself. Thereafter, the County shall pay
whatever balance remains owing to the City from the
Delinquent Tax Revolving Fund.
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7. Expenses of Issuing and Payment of Bonds. The County
shall cause the Authority to pay from the proceeds of the sale of
the Bonds all expenses incurred with respect to the issuance of
the Bonds. The TIFA agrees to pay to the County, in addition to
the cash rental provided for in Section 6, all expenses incurred
with respect to the issuance and payment of the Bonds, to the
extent not so paid from the proceeds from the sale of the Bonds.
In the event that the TIFA is unable to fully pay the foregoing
issuance expenses, the City agrees to pay any shortfalls that the
TIFA is unable to pay. The obligation of the City to make such
payments shall be a general obligation of the City.
8. Maintenance and Repairs. The City/TIFA shall, at its
own expense, operate and maintain the Project and shall keep the
same in good condition and repair. If the City decides not to
operate the Project for any period of time it will still keep the
Project in good repair so as not to endanger any other properties
or the general public. Operation and maintenance shall include
(but not be limited to) the providing of all personnel, equipment
and facilities, all light, power, heat, water, sewerage, drainage
and other utilities, and all properties and services of whatever
nature, as shall be necessary or expedient in the efficient and
lawful operation and maintenance of the Project. Premiums for
insurance required to be carried upon or with respect to the
Project or the use thereof dud- -taxes levied upon either party
hereto on account of the ownership or use of the Project, or on
account of rentals or income from the Project, shall likewise be
deemed operation and maintenance expenses. The obligation of the
City to pay all costs and expenses of the operation and
maintenance of the Project shall be a general obligation of the
City.
9. Insurance Proceeds All insurance proceeds shall be
payable to the City, the TIFA, the County, and the Authority as
their interests may appear. In the event of the partial or total
destruction of the Project, or if the Project is for any reason
made unusable, the cash rental payments provided in Section 6
shall continue unabated. The City shall have the option to use
the proceeds of insurance, in the event of loss or damage to the
Project, for the repair or restoration of the Project. If the
City shall determine not to use the proceeds of insurance for the
repair or restoration of the Project, the amount of such
insurance proceeds shall be paid to the County and by it paid to
the Authority which shall deposit the same in the bond and
interest redemption fund, and the City shall receive appropriate
credits on future cash rental payments due under this Sublease.
The City's obligation for the payments provided in Section 6
shall continue until the obligation is satisfied, and shall not
be extinguished or compromised by paying over any insurance
proceeds to the County as contemplated in this Section 9. Any
insurance proceeds in excess of the amount necessary to retire
the Bonds in full shall be retained by the City.
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10. Insurance Requirements.
(a) Insurance:
The City shall provide and maintain at its own expense
during the term of this Sublease or until the bonds are
retired, all insurances as set forth below, protecting the
City, the County and the Authority against loss on account
of damage or injury to persons or property, imposed by
reason of the ownership, possession, use, operation,
leasing, maintenance or repair of the Project and the site
of the Project, or resulting from any acts of omission or
commission on the part of the City, the County or the
Authority or their respective officers, employees or agents
in the connection with the Project. Such insurance shall be
maintained in full force and effect during the term of this
Sublease or until the Bonds are retired. Such insurance
shall be made effective from the date acquisition of the
Project commences.
(b) Coverage Required:
(1) Commercial General Liability Occurrence Form insurance
with a minimum limit of $10,000,000 each
occurrence/$10,000,000 general aggregate. Coverage _shall
include premises operations, products/completed operations,
personal and advertising injury, independent contractors,
contractual liability, broad form property damage,
liability assumed under an insured contract.
(2) Automobile Liability insurance (including Michigan No-
Fault) covering liability arising out of any owned, hired,
and non-owned vehicles with minimum combined single limit of
$10,000,000 each accident.
(3) Workers Compensation insurance, Coverage A, with limits
statutorily required by any applicable Federal or State law
and Employers Liability Insurance, Coverage B, with minimum
limit of $1,000,000 each accident, disease each employee,
and disease policy limit.
(4) Public Officials Liability with a minimum limit of
$10,000,000 each occurrence. The coverage amounts set forth
may be met by a combination of primary liability and
umbrella policies so long as in combination the limits equal
or exceed those stated.
(5) The City, shall provide Real Property Insurance to
insure the Project for the full One Hundred Percent (100%)
replacement cost value. Coverage shall be on a special form,
agreed amount, replacement cost basis and be subject to a
maximum per occurrence deductible of $35,000.00 . Flood and
Earthquake coverages shall also be carried for $1,000,000
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per occurrence, per coverage with a maximum deductible not
to exceed $50,000.00 per occurrence, per coverage. In event
of any loss not covered by the City's insurance, the County
shall have the right to enter the Project and cause it to be
rendered safe so that there is no danger from the Project to
any adjacent property or the general public and to charge
the City as additional rent the cost thereof and recover it,
if necessary, in accordance with its rights to affect
amounts due to the City under Paragraph 6 Subparagraph b(3).
(c) Rental/Use of Project by Others:
Before any use of the Project may be made by anyone who
shall invite the general public to any concert, play,
production or event of any sort (hereafter together "event")
the City shall obtain from such persons:
(1) Commercial General Liability Occurrence Form insurance
with a minimum limit of $5,000,000 each
occurrence/$5,000,000 general aggregate. Coverage shall
include premises operations, products/completed operations,
personal and advertising injury, independent contractors,
contractual liability, broad form property damage,
liability assumed under an insured contract.
-(2)— Automobile Liability -insurance (including Michigan NG--
Fault) covering liability arising out of any owned, hired,
and non-owned vehicles with minimum combined single limit of
$5,000,000 each accident.
(3) Workers Compensation insurance, Coverage A, with limits
statutorily required by any applicable Federal or State law
and Employers Liability Insurance, Coverage B, with minimum
limit of $1,000,000 each accident, disease each employee,
and disease policy limit.
The policies required above, or copies thereof, shall be
delivered to the County before such event.
(d) General:
(1) Insurance policies shall be issued by companies
licensed or approved to do business within the State of
Michigan.
(2) Insurers shall possess a minimum A.M. Best rating of A6
(or) any Insurer or Municipal Pool as deemed acceptable by
the Oakland County Risk Manager.
(3) The insurance policies, except Workers' Compensation
shall be endorsed to name the County, A Michigan
Constitutional Corporation and the Authority and any and
all, agents, officers, employees, and volunteers as
"Additional Insureds" and shall also contain a written
waiver of subrogation.
(4) All policies of insurance must be on a primary basis,
non-contributory with any other insurance and/or self-
insurance carried by the County and/or the Authority.
(5) All policies shall provide a minimum 90 days written
notice to the County and the Authority, via certified mail,
of cancellation, non-renewal or material change to any and
all policies required under the contract. Renewal
certificates of insurance must be provided at least 15 days
prior to the expiration of all policies.
(e) County's and Authority's Rights to Amend Requirements:
The County and the Authority reserve the right to alter or
amend any insurance requirements as stated in this contract
as deemed reasonably necessary.
(f) Indemnification:
To the extent allowed by law, the City shall indemnify hold
harmless and defend the Authority and the County, their
officers, employees or agents against any and all claims for
any—sttela—dermage—er
11. No Unlawful Use Permitted. The Project shall be used
for those purposes permitted by Act No. 31, Public Acts of
Michigan (First Extra Session), as amended and shall not be used
or permitted to be used in any unlawful manner. To the extent
permitted by law, the City shall hold the County and Authority
harmless and keep it fully indemnified at all times against any
loss, injury or liability to any persons or property by reason of
the acts or negligence of the City in the use, misuse or non-use
of the Project or from any act or omission in, on or about the
Project. The City shall, at its own expense, make any changes or
alterations in, on or about the Project which may be required by
any applicable statute, charter or governmental regulation or
order and shall hold the County and the Authority harmless and
free from all costs or damages with respect thereto.
12. Alterations of Project. The City may install or
construct in or upon, or may remove from, the Project any
equipment, fixtures or structures, and may make any alterations
to or structural changes in, the Project. If the changes impact
areas outside the City's part of the overall Project, the County
shall approve the changes as well.
13. Right of Inspection. The County and Authority, through
its officers, employees or agents, may enter upon the Project at
any reasonable time after reasonable notice during the term of
this Sublease for the purpose of inspecting the Project and
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determining whether the City is complying with the covenants,
agreements, terms and conditions of this Sublease.
14. Contractual Rights of Bondholders. Inasmuch as this
Sublease, and particularly the obligation of the City to make
cash rental payments to the County, provides the security for
payment of the principal of and interest on the Bonds, it is
hereby declared that this Sublease is made for the benefit of the
holders from time to time of the Bonds as well as for the benefit
of the parties and that such holders shall have contractual
rights under this Sublease. In the event of any default under
this Sublease on the part of the City, the County and the
Authority and the holders of the Bonds shall have all rights and
remedies provided by law. The parties further agree that they
will not do, or permit to be done any act, and that this Sublease
will not be amended in any manner, which would impair the
security of the Bonds or the rights of the holders of the Bonds.
An amendment of this Sublease to authorize the issuance of
additional Bonds and providing the payment of additional cash
rentals for the payment of such Bonds shall not be deemed to
impair the security of the Bonds or the rights of the holders of
the Bonds.
15. Appurtenant Facilities. The site on which this Project
is to be located includes, or will include, roadways, walks,
drives, parking areas and landscaping which_aref_benefit to_and
necessary to the full use and enjoyment of the Project, and it is
hereby agreed that such appurtenant facilities will be maintained
in good repair and condition by the City and available to the
users and occupants of the Project.
16. Successors and Assigns. This Sublease shall inure to
the benefit of, and be binding upon, the respective parties
hereto and their successors and assigns, provided, however, that
no assignment shall be made in violation of the terms of this
Sublease nor shall any assignment be made by the City without the
approval of the County or which would impair the security of the
Bonds or the rights of the holders of the Bonds.
17. Abandonment of Project. In the event none of the Bonds
to finance the Project are issued by the Authority on or before
December 1, 2006, the Project shall be abandoned, the City shall
pay from available funds its share of expenses of the Authority
incurred to the date of abandonment, and neither party shall have
any further obligations under this Sublease.
18. Consents, Notices, Etc. The right to give any consent,
agreement or notice required or permitted in this Sublease shall
be vested, in the case of the County, in its Board of
Commissioners, and in the case of the City, in its City Council.
Any notice required or permitted to be given under this Sublease
shall be given by delivering the same, in the case of the County,
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to the County Clerk, and in the case of the City, to its City
Clerk.
19. Changes in Law or Corporate Status. In the event there
shall occur changes in the Constitution or statutes of the State
of Michigan which shall affect the organization, territory,
powers or corporate status of the City or the County, the terms
and provisions of this Sublease shall be unaffected thereby
insofar as the obligation of the City to make the cash rental
payments is concerned. The proceeds of any sale or other
liquidation of any interest of the City in the Project are hereby
impressed with a first and prior lien for payment of any
outstanding Bonds or other obligations of the Authority incurred
by reason of the Project or any additions or improvements
thereto.
20. Quiet Enjoyment. The County covenants that the City
and the TIFA, upon compliance with the terms of this Sublease,
shall and may peacefully and quietly have and hold and enjoy the
Project and site thereof for the term herein provided.
21. Additional Obligations. Nothing herein contained shall
in any way be construed to prevent the TIFA or the City from
undertaking additional financing or incurring additional
obligations under the provisions of Act 450 or any other
applicable law.
22. Effective Date of Sublease. This Sublease shall become
effective on the date of execution.
IN WITNESS WHEREOF, the CITY OF PONTIAC as authorized by its
City Council, the CITY OF PONTIAC GENERAL BUILDING AUTHORITY, by
its Commission, the COUNTY OF OAKLAND, by its Board of
Commissioners, and the CITY OF PONTIAC TAX INCREMENT FINANCE
AUTHORITY by its Board have caused this Sublease to be signed by
their duly authorized officers, and their seals to be affixed
hereto, all as of the day and year first above written.
las.r4-oak160
10
WITNESS: CITY OF PONTIAC
By:
Mayor
and
By:
Clerk
WITNESS: CITY OF PONTIAC GENERAL BUILDING
AUTHORITY
By:
Chairman
and
By:
Secretary
COUNTY OF OAKLAND
By:
Chairperson, Board of Commissioners
and
By:
County Clerk
CITY OF PONTIAC TAX INCREMENT
FINANCE AUTHORITY
By:
and
By:
las.r4-oak160
1 1
STATE OF MICHIGAN )
)SS.
COUNTY OF OAKLAND)
On this day of , the foregoing instrument
was acknowledged before me by and
, who are the Mayor and the Clerk of the City of
Pontiac, a , on behalf of said .
Notary Public
County, Michigan
My Commission Expires:
STATE OF MICHIGAN )
)SS.
COUNTY OF OAKLAND)
On this day of , the foregoing instrument
was acknowledged before me by and
, who are the Chairman and the Secretary of the
City of Pontiac General Building Authority, a , on
behalf of said .
Notary Public
County, Michigan
My Commission Expires:
STATE OF MICHIGAN )
)SS.
COUNTY OF OAKLAND)
On this day of , the foregoing instrument
was acknowledged before me by and
, who are the Chairperson of the Board
of Commissioners and the County Clerk of the County of Oakland, a
, on behalf of said
Notary Public
County, Michigan
My Commission Expires:
12
STATE OF MICHIGAN )
)SS.
COUNTY OF OAKLAND)
On this day of , the foregoing instrument
was acknowledged before me by and
, who are the and the
of The City of Pontiac Tax Increment Finance
Authority, a , on behalf of said .
Notary Public
County, Michigan
My Commission Expires:
las.r4-oak160
13
APPENDIX A
PROJECT DESCRIPTION
Project Description:
The Project includes the acquisition of the Phoenix Center in
Downtown Pontiac. The Phoenix Center is a 3 story, 2300 space
above ground parking structure, with a park/amphitheater on top
of the facility. The plaza was designed to accommodate fixed
seating of 3,000 with additional space for 3,000 lawn seating.
The stage area is approximately 2,900 square feet and includes
dressing rooms, administrative area and a gathering space/dining
area for performers. It is designed to accommodate major touring
acts and symphony orchestras.
County of Oakland Right to Use Project:
The County of Oakland reserves the right to use the Project in
the event of a national, state or local emergency which will
require the County's Homeland Security Division to provide for
any of the following:
1. The parking structure any be used to serve as a
predetermined staging area for evacuees;
2. The open air structure of the parking complex may be
used for any emergency vehicles or any other vehicles being
used in connection with the emergency to remain running and
provide temporary shelter from cold weather conditions
during an emergency and/or evacuation;
3. The in and out vehicular accessibility of the Project
and the 3,000 seat capacity may be used for assemblies,
accountability trainings, post-incident debriefing and as a
transfer site for victims and general population being moved
or otherwise evacuated;
4. The inner floors of the Project may be used for
dispensing supplies (food water medicine, etc..) either as a
drive-thru or walk-in operation and the County shall have
access for vehicles containing logistical disaster support
items;
5. Both the County of Oakland and the City of Pontiac
shall have the right to use the Project as central staging
area for arrival, accountability and deployment of first
responder units, 911 vehicles and personnel to a disaster
site; and
6. The county will have the right to use the Project as a
mass casualty triage location or for mass immunizations
either on a drive-thru or walk-in basis.
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Legal Description:
PARCEL ID
14-29-484-006
Municipality
CITY OF PONTIAC
Owner(s)
CITY OF PONTIAC GBA PARCEL "K" PHOENIX PARKING DECK
MAILING ADDRESS OF PROPERTY OWNER
8 N. Saginaw
Pontiac, MI 48342
PROPERTY DESCRIPTION
T3N, R10E, SEC 29 & 32 ASSESSOR'S PLAT NO 131 LOTS 8 TO 13 INCL,
PART OF LOT 45, PARTS OF LOTS 47 & 48, ALL OF LOTS 49 TO 62 INCL,
PART OF LOT 64, ALL—CF LOT- 65-, PART OF LOT_6_6_, ALL OF LOT 67 &
PART OF LOT 68, ALSO VAC ALLEY ADJ TO LOTS 11 & 59, ALSO PART OF
VAC PERRY ST, ALSO PART OF LOTS 4 TO 14 INCL OF 'ASSESSOR'S PLAT
NO 130', ALSO VAC PART OF AUBURN AVE LYING N OF 'ASSESSOR'S PLAT
NO 130', ALSO THAT PART OF VAC SAGINAW ST LYING WITHIN OR ADJ TO
'ASSESSOR'S PLAT NOS 130 & 131', ALSO PART OF LOT 101 OF 'PONTIAC
ORIGINAL PLAT', ALSO PART OF 'ASSESSOR'S PLAT NO 65' BEING ALL OF
LOTS 1, 2 & 3, ALSO PART OF LOTS 4 & 5, ALSO PART OF VAC DAWSON
ALLEY, ALSO PART OF 'ASSESSOR'S PLAT 114' BEING PART OF LOT 8,
ALSO ALL OF LOTS 9, 10 & 11, ALSO PART OF LOTS 12, 13 & 14, ALSO
PART OF LOT 35, ALSO PART OF LOTS 38 & 39, ALSO PART OF VAC
PATTERSON AVE ALL DESC AS BEG AT PT DIST S 14-36-54 E 360.29 FT
FROM NE COR OF LOT 96 OF 'PONTIAC ORIGINAL PLAT', TH N 75-13-16 E
94.87 FT, TH S 14-32-05 E 35.76 FT, TH N 75-27-55 E 35.00 FT, TH
S 14-32-05 E 76.00 FT, TH N 75-27-55 E 263.00 FT, TH S 14-32-05 E
187.00 FT, TH N 75-27-55 E 121.00 FT, TH S 14-32-05 E 579.77 FT,
TH N 85-36-14 W 107.83 FT, TH N 14-32-05 W 181.79 FT, TH S 75-27-
55 W 124.91 FT, TH N 14-32-05 W 2.42 FT, TH S 75-27-55 W 64.00
FT, TH S 14-32-05 E 2.42 FT, TH S 75-27-55 W 128.00 FT, TH S 14-
30-01 E 144.67 FT, TH S 75-25-42 W 96.55 FT, TH N 14-10-39 W
144.72 FT, TH S 75-27-55 W 153.93 FT, TH N 14-32-05 W 197.00 FT,
TH N 75-27-55 E 54.58 FT, TH N 14-32-05 W 245.00 FT, TH S 75-27-
55 W 64.00 FT, TH N 14-32-05 W 159.00 FT, TH N 75-27-55 E 67.00
FT, TH N 14-32-05 W 52.00 FT, TH N 75-27-55 E 97.14 FT, TH N 14-
36-54 W 8.35 FT TO BEG
2
Preliminary Project Cost Estimate:
Acquisition Costs, Financing
Costs and Bond Discount $20,500,000
las.r4-oak160
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APPENDIX B
ESTIMATED SCHEDULE OF PRINCIPAL AND INTEREST
[INSERT ESTIMATED SCHEDULES]
The final debt service schedules for both bond issues will
be attached to the Sublease after the bonds are sold.
las.r4-oak160
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APPENDIX C
REDEMPTION PROVISIONS
[TO BE INSERTED]
las.r4-oak160
February 2, 2006 Resolution #06024
Moved by Douglas supported by Hatchett the resolution be adopted.
Discussion followed.
AYES: Gregory, Hatchett, Jamian, KowaII, Long, Melton, Molnar, Moss, Nash, Patterson, Potter,
Rogers, Scott. Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Douglas,
Gershenson. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
I HEREBY APPROVE THE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on February 2, 2006,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 2nd day of February, 2006.
Rut fn n, County Clerk