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HomeMy WebLinkAboutResolutions - 2007.06.14 - 28445PLANNING & BUILDING COMMITTEE VOTE: MISCELLANEOUS RESOLUTION 107143 June 14, 2007 BY: PLANNING AND BUILDING COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION APPROVING PROJECT PLAN (THE BHARATIYA TEMPLE PROJECT) - CITY OF TROY To Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS The Economic Development Corporation of the County of Oakland (the "EDC") has recommended that the Board of Commissioners approve the Project Plan required by the Economic Development Corporations Act (the "Act") for the captioned Project, a copy of which has been presented to this meeting (the "Project Plan"); and WHEREAS the EDC's recommendations to the Board of Commissioners were based upon its determinations that the Project is reasonable and necessary to effectuate the purposes of the Act, that the Project Plan satisfies all of the requirements of the Act regarding project plans and that a letter of credit issued by a financial institution acceptable to the EDC will be available to pay debt service; and WHEREAS the governing body of the City of Troy, Oakland County, Michigan, has also approved the Project Plan and given its consent to the exercise of jurisdiction over the Project by the EDC; and WHEREAS the Board of Commissioners has held a public hearing to consider whether the Project Plan constitutes a public purpose as contemplated by the Act; and WHEREAS the Board of Commissioners, following such public hearing and its review of the Project Plan, hereby certifies, approves and concurs in the determinations of the EDC with respect thereto; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby determines that the Project Plan constitutes a public purpose as contemplated by the Act; and BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby certifies and approves the Project Plan; and BE IT FURTHER RESOLVED that the EDC is hereby authorized to take such steps as are necessary to implement the Project and the financing thereof by the issuance of its limited obligation revenue bonds as contemplated by the Project Plan; and BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of the EDC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Motion carried on a roll call vote with Gershenson absent. THE ECONOMIC DEVELOPMENT CORPORATION OF THE COUNTY OF OAKLAND Oakland County, Michigan The Bharatiya Temple Expansion Project PROJECT PLAN CONTENTS 1. Summary Description of Project (Page 1) 2. Project Plan Certification by Company (Page 2) 3. Statutorily Required Information (Page 3) 4. Exhibits "A" - Project Area Legal Description "B" - Letter of Credit or Bond Purchaser's Commitment Letter "C" - Company Certificate Regarding Transfer of Employment - Company Certificate Regarding Payment of Prevailing Wages Other PROJECT PLAN SUMMARY DESCRIPTION OF THE BHARATIYA TEMPLE EXPANSION PROJECT OWNER OF PROJECT: The Bharatiya Temple 6850 N. Adams Rd., Troy, MI 48098 CONTACT PERSON: (Name, address, telephone number) Mr. Jayanti Shah Secretary, Long Range Planning Committee The Bharatiya Temple Troy, MI 48098 LOCATION OF PROJECT: (Local municipality) Troy PROJECT AREA/DISTRICT AREA: See Exhibit A NATURE OF PROJECT: Extension of the current structure with the addition of class rooms, banquet hall, and a larger prayer hall. TOTAL PROJECT COST: 9.3 M$ BONDS TO BE ISSUED: 4.3 M$ LETTER OF CREDIT ISSUER OR BOND PURCHASER: The Fifth Third Bank PROJECT PLAN CERTIFICATION THIS PROJECT PLAN WAS PREPARED FOR THE ECONOMIC DEVELOPMENT CORPORATION OF THE COUNTY OF OAKLAND IN ACCORDANCE WITH THE REQUIREMENTS OF THE ECONOMIC DEVELOPMENT CORPORATIONS ACT, ACT NO. 338 OF THE MICHIGAN PUBLIC ACTS OF 1974, AS AMENDED. THE UNDERSIGNED HAS PROVIDED ALL OF THE INFORMATION CONTAINED HEREIN AND HEREBY CERTIFIES AS TO THE ACCURACY AND VALIDITY OF SUCH INFORMATION AS OF THIS DATE. THE UNDERSIGNED UNDERSTANDS THAT THIS PROJECT PLAN IS STATUTORILY REQUIRED AND, IF IT CONTAINS ANY MATERIAL MISREPRESENTATION OR INACCURACY, COULD RESULT IN THE INVALIDATION OF THE ECONOMIC DEVELOPMENT CORPORATION PROCEEDINGS REGARDING THE PROJECT TO WHICH THE PROJECT PLAN PERTAINS. NliAt&vn otik, By: Nutan Oak Chairperson of the Board of Trustees Dated: 02/15/07 2 PROJECT PLAN STATUTORILY REQUIRED INFORMATION REGARDING THE BHARATIYA TEMPLE EXPANSION PROJECT I. THE LOCATION AND EXTENT OF EXISTING STREETS AND OTHER PUBLIC FACILITIES WITHIN THE PROJECT DISTRICT AREA; THE LOCATION, CHARACTER, AND EXTENT OF THE CATEGORIES OF PUBLIC AND PRIVATE LAND USES NOW EXISTING AND PROPOSED FOR THE PROJECT AREA, INCLUDING RESIDENTIAL, RECREATIONAL, COMMERCIAL, INDUSTRIAL, EDUCATIONAL, AND OTHER USES; AND A LEGAL DESCRIPTION OF THE PROJECT AREA: Legal description of Project Area attached as Exhibit A. II. A DESCRIPTION OF EXISTING IMPROVEMENTS IN THE PROJECT AREA TO BE DEMOLISHED, REPAIRED, OR ALTERED; A DESCRIPTION OF REPAIRS AND ALTERATIONS; AND AN ESTIMATE OF THE TIME REQUIRED FOR COMPLETION: Renovation of the existing structure is not part of this phase of expansion. Renovations will be executed in the future. III. THE LOCATION, EXTENT, CHARACTER, AND ESTIMATED COST OF THE IMPROVEMENTS, INCLUDING REHABILITATION CONTEMPLATED FOR THE PROJECT AREA, AND AN ESTIMATE OF THE TIME REQUIRED FOR COMPLETION: The expansion will be to the North of the current structure. The estimated cost of the expansion is 9.3 M$ The additional square footage that will be added is 36,500 sq.ft. The time required for completion of the project is 2 years from start of construction. 3 I. Excavation & Foundation II. Construction of Structure III. Exterior and Interior Finsihing Total duration of Project 4 months 8 months 12 months 24 months IV. A DESCRIPTION OF THE CONSTRUCTION OR STAGES OF CONSTRUCTION PLANNED, AND THE ESTIMATED TIME OF COMPLETION OF EACH STAGE: V. A DESCRIPTION OF THE PARTS OF THE PROJECT AREA TO BE LEFT AS OPEN SPACE AND THE USE CONTEMPLATED FOR THE SPACE: I. Wetlands and Ravines — Non usable II. Open Space Next to Parking Lot — Future Parking Lot Expansion VI. A DESCRIPTION OF PORTIONS OF THE PROJECT AREA WHICH THE ECONOMIC DEVELOPMENT CORPORATION OR THE COMPANY DESIRES TO SELL, DONATE, EXCHANGE OR LEASE TO OR FROM THE MUNICIPALITY AND THE PROPOSED TERMS: Not Applicable 4 VII. A DESCRIPTION OF DESIRED ZONING CHANGES AND CHANGES IN STREET, STREET LEVELS, INTERSECTIONS AND UTILITIES: NONE VIII. A DESCRIPTION OF THE PROPOSED METHOD OF FINANCING THE PROJECT, INCLUDING ATTACHMENT OF A COPY OF THE LETTER OF CREDIT OR BOND PURCHASERS COMMITMENT LETTER: Internal Resources including Fund Raising Bond Financing through Fifth Third Bank 5M$ 4.3M$ TOTAL 9.3M$ Copy of Letter of Credit or bond purchaser's commitment letter attached as Exhibit B. IX. A STATEMENT REGARDING THE PAYMENT OF PREVAILING WAGE AND FRINGE BENEFIT RATES AS DETERMINED PURSUANT TO ACT NO. 166 OF THE MICHIGAN PUBLIC ACTS OF 1965, AS AMENDED (REGARDING WAGES ON STATE CONTRACTS): See Exhibit D 5 X. A LIST OF PERSONS WHO WILL MANAGE OR BE ASSOCIATED WITH THE MANAGEMENT OF THE PROJECT FOR A PERIOD OF NOT LESS THAN 1 (ONE) YEAR FROM THE DATE OF APPROVAL OF THE PROJECT PLAN: 1. Jayanti Shah P.E. Secretary, Long Range Planning Committee 2. Nutan Oak Chairperson — Board of Trustees XI. DESIGNATION OF THE PERSON OR PERSONS, NATURAL OR CORPORATE, TO WHOM THE PROJECT IS TO BE LEASED, SOLD OR CONVEYED AND FOR WHOSE BENEFIT THE PROJECT IS BEING UNDERTAKEN, TO THE EXTENT THAT INFORMATION IS PRESENTLY AVAILABLE: Not Applicable XII. IF THERE IS NOT AN EXPRESS OR IMPLIED AGREEMENT WITH A PERSON OR PERSONS, NATURAL OR CORPORATE, THAT THE PROJECT WILL BE LEASED, SOLD, OR CONVEYED TO THOSE PERSONS, THE PROCEDURES FOR BIDDING FOR THE LEASING, PURCHASING OR CONVEYING OF THE PROJECT UPON ITS COMPLETION: Not Applicable XIII. ESTIMATES OF THE NUMBER OF PERSONS RESIDING IN THE PROJECT AREA AND THE NUMBER OF FAMILIES AND INDIVIDUALS TO BE DISPLACED. IF OCCUPIED RESIDENCES ARE DESIGNATED FOR ACQUISITION AND CLEARANCE, INCLUDE A SURVEY OF THE FAMILIES AND INDIVIDUALS TO BE DISPLACED, INCLUDING THEIR INCOME AND RACIAL COMPOSITION, A STATISTICAL DESCRIPTION OF THE HOUSING SUPPLY IN THE COMMUNITY, INCLUDING THE NUMBER OF PRIVATE AND PUBLIC UNITS IN EXISTENCE OR UNDER CONSTRUCTION, THE CONDITION OF THOSE IN EXISTENCE, THE NUMBER OF OWNER-OCCUPIED AND RENTER-OCCUPIED UNITS, THE ANNUAL RATE OF TURNOVER OF THE VARIOUS TYPES OF HOUSING AND THE RANGE OF RENTS 6 AND SALE PRICES, AN ESTIMATE OF THE TOTAL DEMAND FOR HOUSING IN THE COMMUNITY, AND THE ESTIMATED CAPACITY OF PRIVATE AND PUBLIC HOUSING AVAILABLE TO DISPLACED FAMILIES AND INDIVIDUALS: Not Applicable XIV. A PLAN FOR ESTABLISHING PRIORITY FOR THE RELOCATION OF PERSONS DISPLACED BY THE PROJECT IN NEW HOUSING IN THE PROJECT AREA: Not Applicable XV. PROVISION FOR THE COSTS OF RELOCATING PERSONS DISPLACED BY THE PROJECT AND FINANCIAL ASSISTANCE AND REIMBURSEMENT OF EXPENSES, INCLUDING LITIGATION EXPENSES AND EXPENSES INCIDENT TO THE TRANSFER OF TITLE, IN ACCORDANCE WITH THE STANDARDS AND PROVISIONS OF THE FEDERAL UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970, 42 U.S.C. 4601 TO 4655: Not Applicable 7 XVI. A PLAN FOR COMPLIANCE WITH ACT NO. 227 OF THE MICHIGAN PUBLIC ACTS OF 1972, WHICH PERTAINS TO PROVIDING FINANCIAL ASSISTANCE, ADVISORY SERVICES AND REIMBURSEMENT OF CERTAIN EXPENSES TO DISPLACED PERSONS: Not Applicable XVII. OTHER MATERIAL AS THE ECONOMIC DEVELOPMENT CORPORATION, LOCAL PUBLIC AGENCY, OR GOVERNING BODY CONSIDERS PERTINENT: Not Applicable 8 FEB 15 2007 09:19 'FR 3132258367 3132258367 TO 918664899562 P.07/09 02/14/2007 17:42 FAX 313 822 4202 DCIIC ADMINISTRATION 2009/010 F8-14-2007(NED) 16:52 UNA RRO a RIMEL INC (FAX)31135357252 P.002/003 6850 N.,Aciarn6 Road. Troy, Michigan 480q8 Mains Address: P.O. Eksic 61 Troy, MIrhigan 48094) Attadwarzt A: Legn1 Demaiption of Property Involved LEGAL DESCRIPTION A PPRCEL OF UM LOCATED IN THE NORTHWEST V4 CORNER SECTION 6,. TOWN 2N., R. 11 E. C:06.1141ENCING AT THE CENTER POST OF SEGTION 6, TOWN 1NORTH RANCE IT EAST, THENCE PROCEEDNG &ONO 1489'1 33'00s E,165.00 FEET TO THE POINT OF RECNNINGI THOCE NE19•3310? L, 693.00 FEET; THENCE $116 58'00"W.,1132.52 FEET; THENCE $66•25130"W., 620.71 FEET: ThIENCE NOO• 11100"W., 675.68 FEET; THENCE NIP 33100"E..165.00 FtET THENCE NOO• 1100W., 264.00 FEET TO THE PONT OF EEGINNING CONTAINING 18.00 ACRES, SUBJECT TO THE EASEMENTS OF RECORD, F ANY. SD WELL MAWR 88 -20-08-101-018- SIIE ENOS:RING STELLAR CONSULTING SERVICES,INC. 20300 W 12 MILE ROAD, SUITE 101 SOUTHFIELD, MI 48076 TEL: 248- 351-9800 FAX 248- 351 -9818 A litri•Pretit fogiotajlfdin Cerpolympien 1.11.5, I D.117.7 POPAr • • 'FEB 15 2007 09:20 FR 3132258367 3132258367 TO 918664899562 02/14/2007 17:42 FAX 313 822 4202 DORC AMINISTRATION FER-1&-a007(VED) 16:52 RRNR 14110 & RLPRED. INC (F8X)3135357262 P.08/09 0010/010 P.003/083 :n151 Atteektoent -B:' Site Plan and Area Map 6850 N -Adams Road. Trot. A4ichigan 48046 Malting Address: P.O. Rox 61 Troy, Michigan MUFF) • 1141e16.0wkliftm: P.O. Bo* 61 Tr&e, Mil:14m 45099 6650 N. Maim Road Tfc% Michigan 40096 - Z ts.1 4 BEACH .1ROAD LOCATION MAP 'SCALE f" : nod'. FEB 15 2007 09:20.FR 3132258367 3132258367 TO 918664899562 P.09/09 4003/003 P.00e/002• 02/14/2007 18:03 FAX 313 822 4202 DCHC ADMINISTRATION fEB-14-e007(WED) 11:45 RANA PRO A ALFRED, INC (FAX)3135357262 M111n111. .04.n....111n•nn •nn• _PROPERTY DESCRIPTION Part of the NW 1/4 of Section 6, T.2h.., R.11E., City of Troy, "'Oakland County, Michigan, more particularly described as beginning at a point on the north line Of. said Section 6, said point N69 ?33'00"E IMOD feet from the NW corner of Section 6. 'ond proceed:In thence eking the north line of said Section 6, $89°33'00'E 693.00 feet; thence 511 958 1 00*W 1132.52 feet; thence 586125'30 -w 620.71 feet to a point on the west line of Section 6, thence along said line N00'11 1 00"W 875.88 feet: thence N89°33'00E 166.00 feet; thence 600.11 1 00'W 264.00 feet.to the point of beginning. Containing 18.00 acres. AKEA mfrk9 C rry OF 11?...toj , N -W CD'ItIAUETPL , PART oF extui-Istr. ** TOTAL PAGE.09 ** 1000 Towtv Cerrrsit, SurrE 1400 MAIL DROP JIWN5G SOUTFITTKED, MI 48075 TEL. (248) 603-0465 rax (248) 603-0633 FIFTH THIRD BANK May 8, 2007 Via E-Mail Ms. Mary Langhauser Supervisor, Financial Services Oakland County Economic Development Corporation 1200 N. Telegraph Road Pontiac, MI 48341-0412 Re: Letter of Intent to Underwrite up to $4,300,000 The Economic Development Corporation of the County of Oakland (The Bharatlya Tenkle Project), Series 2007 Dear Ms. Larighauser: I am writing this letter on behalf of Fifth Third Bank, an Ohio banking corporation (the "Bank"), for you to attach as Exhibit B to the Project Plan for The Bharatiya Temple Project (the "Project"). Fifth Third Bank has verbally committed to issue a Letter of Credit to secure the bonds proposed to be issued by the Economic Development Corporation of the County of Oakland ("EDC") for the Project, subject to the customary terms and conditions of the Bank under such circumstances and the terms of the Bank's credit approval. Please consider this letter as evidence of our intention to issue the subject Letter of Credit for the bonds to be issued by the Project, on the basis set forth above. Very truly yours, /LS/ Louis Orcutt Vice President Dated: Exhibit C COMPANY CERTIFICATE REGARDING TRANSFER OF EMPLOYMENT (The Bharatiya Temple Expansion Project) The undersigned, The Bharatiya Temple, a Michigan Non Profit Organization (the "Company"), hereby certifies to The Economic Development Corporation of the County of Oakland (the "EDC") as follows: 1. This Certificate is made and based upon the best of the Company's knowledge and belief, only after thorough investigation and discussion with all owners of the Company and others who might have knowledge regarding the subject matter. 2. The Company acknowledges that this Certificate will be employed by the EDC as the sole basis for the EDC's certification to the Board of Commissioners of the County of Oakland as to transfer of employment as required by Section 8(3) of the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act"). 3. The Company understands that the EDC's Certification to the Board of Commissioners of the County of Oakland is a statutory requirement which, if improperly made or based upon any material misrepresentation or inaccuracy, might invalidate the proceedings regarding the Bharatiya Temple Expansion Project (the "Project") pursuant to which the EDC expects ultimately to issue its limited obligation economic development revenue bonds to finance all or part of the Project. 4. As of the date hereof, the Project shall not have the effect of transferring employment of more than 20 full-time persons from a municipality (as that term is defined in the Act) of this State to NOT APPLICABLE, Michigan, the municipality in which the Project will be located. 5. The Company understands that a covenant to effectuate the purposes of this Certificate will be included in those covenants to be made by the Company when bonds are issued by the EDC for the benefit of the Project. The Bharatiya Temple. a Michigan Non Profit Organization 1A-4-4,-) R. 0 cat- By: Nutan Oak Its: Chairperson of the Board of Trustees Exhibit D COMPANY CERTIFICATE REGARDING PAYMENT OF PREVAILING WAGES (The Bharatiya Temple Expansion Project) The undersigned, The Bharatiya Temple, a Michigan Non Profit Organization (the "Company"), hereby certifies to The Economic Development Corporation of the County of Oakland (the "EDC") as follows: 1. The Company understands that this Certificate is a statutory requirement under the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act") which, if improperly made or based upon any material misrepresentation or inaccuracy, might invalidate the proceedings regarding the Bharatiya Temple Expansion Project (the "Project") pursuant to which the EDC expects ultimately to issue its limited obligation economic development revenue bonds to finance all or part of the Project. 2. Within the meaning and intent of Section 8(4)(h) of the Act, all persons performing work on the construction of the Project will be paid the prevailing wage and fringe benefit rates for the same or similar work in the locality in which the work is to be performed, as determined pursuant to Act No. 166 of the Michigan Public Acts of 1965, as amended. QqJ By: Nutan Oak Its: Chairperson of the Board of Trustees Dated: 03/15 /07 BH 561467v1 I HEREBY APPROVE THE FOREGOING RESOLUTION .1/L.116.... Resolution #07143 June 14, 2007 Moved by Rogers supported by Potts the resolutions (with fiscal notes attached) on the amended Consent Agenda, be adopted. AYES: Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda, were adopted. ,MMIn 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 June 14, 2007, 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 14th day of June, 2007.