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Council President Jerry Aubry called the meeting to order in the Milford Civic Center at
7:30 p.m. Council President Jerry Aubry led the Pledge of Allegiance.
ALSO PRESENT Tom Lindberg, Police Chief; Penny Ray, Treasurer, Finance Director;
Jennifer Elowsky, Legal Counsel; Christian Wuerth, Village Manager
ATTENDANCE
NEW BUSINESS
Mr. Wuerth stated he met with Mr. Green, Milford Township, and Judy Cooper, Highland
Township, to discuss the final steps to dissolve the Highland/Milford Transportation
Program and distribution of the remaining funds. The remaining funds are from grants,
fundraisers and fares. The memorandum of understanding clarifies distribution and final
dissolution of the transportation funds. Milford Township has already approved the MOU.
Village Logo
Mr. Wuerth presented to Council cleaner versions of the Village's current logo, as well as
revised versions, asking for Council's opinion on possible change. Consensus was to
keep current, clearer version.
Several residents from Riverside Commons and neighboring streets, including Kirt
Manecke, Karoline and Justin Mayville, Lindsey Cotter, Paul Farquharson, Nick Garardi,
Debra Parker, David Seymour, Shannon Schodowski, Adrian Fear and Kate Strauch,
expressed their concerns with the recent decision to place the Milford Skate Park at
Fairgrounds Park. Most were not disapproving of the skate park idea; however, they did
not want the park to be placed in this "green space". Request was made to Council to
reconsider location.
Kristi Stempien, a member of the Milford Skate Park group, spoke in favor of this location
and stated that even though they were not in attendance at this meeting, there were a lot
of people in support of the skate park and current location.
Discussion continued about past recommended locations, past attempts to bring a skate
park to Milford, noise levels and possibility of revisiting placement of skate park in Central
Park. Council understands that no-one wants the skate park "in their backyard" and
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JANUARY 3, 2017 PAGE 1 - 3
requested the topic be brought back after Mr. Wuerth has had discussion with the Skate
Park Committee and Parks & Recreation regarding location and possible use of current
tennis courts in Central Park.
MANAGERS REPORT
Mr. Wuerth reminded Council of the Joint meeting and asked for their availability on
January 23. Council agreed to hold the Joint Board/Commission meeting on January 23,
7:00 p.m.
COUNCILMEMBER REMARKS
Nader mentioned the chain link fence along the retention pond behind Taco Bell was
falling down after plowing. Mr. Wuerth stated the property owner will be notified.
Frankford reminded everyone of the Martin Luther King, Jr. parade to be held on Sunday,
January 15.
ADJOURN
Deborah S. Frazer
Village Clerk/Assistant Manager
Village of Milford
4
TOTAL $ 53,543.24
5
Christian Wuerth
Village Manager
Village of Milford, MI
248.684.1515
www.villageofmilford.org
Forwarded message
From: Myles Davis <nerdpac@juno.com>
Date: Sun, Jan 1, 2017 at 8:31 AM
Subject: Village Planning
To: Christian Wuerth <cwuerth@villageofmilford.org>
Christian,
I am respectfully asking for a seat on the Village Planning Commission. I hope I will be considered qualified, as I have
been a resident for over 30 years, and on the Township Planning Commission for about 2 years.
If accepted for the Planning Commission, I will resign from the Village Parks and Recreation Commission.
I think it might be time for a change. I feel we have accomplished a lot at P&R, and there are many projects coming to
Milford with which I could help.
Sincerely,
Myles Davis
248-231-7440
https://mail.google.com/mail/u/Orlui=28tik=818aa1cdad&view=pt&search=inbox&th=15964ca902b4be0b&sim1=15964ca902b4be0b 1/2
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1. Mtg. date
2. Disposition
Approved Denied Tabled
Additional Information Requested
8
2. Sewer size It
3. Unit factor e4ateniWe
///. %Pt/ it
1. Mtg. date
2. Disposition
At the March 7, 2016 Village Council meeting (minutes attached), Council approved the rezoning
request and the General Development Plan (GDP) for the Milford Lofts project (former Iverson's
property) under the Village's Planned Unit Development (PUD) ordinance. This past fall, the sale of the
property was completed and the Village Attorney and I have been negotiating the required P
UD Agreement with the developer as they prepare to move forward with construction.
Attached is an email from the Village Attorney which highlights several additional items addressed in
the negotiations with the developer. The attached agreement was negotiated based upon the
conditions set by the Planning Commission and was written to incorporate many of these conditions
by reference and attachment to the agreement. Two items addressed in the agreement cover
infrastructure costs previously discussed by Council.
The developer, through the payment of water connection fees and a water improvement fee,
will contribute $252,600 for the replacement and upgrading of the water main which runs
along Oakland Street. This amount represents the water connection fee of $152,600, plus an
additional $100,000, which was based upon a consensus estimate between the OHM and the
developer's engineer consultant regarding the cost of the improvement
The developer will contribute $95,000 as a road system improvement fee. This fee was
calculated based upon the cost to repair Washington Street with a 2" mill and overlay, but the
funds will be used in conjunction with Road Millage funds to complete a more substantial
repair of both Washington and Oakland Streets.
Both projects are currently planned for future completion by the Village, independent of this project.
The water main improvements are called for as the result of the Village's most recent water reliability
study and the current budget has begun the process of setting aside funds for construction in the next
few years. If the work is completed as part of this project, it would free up those funds for other water
system improvements elsewhere in the Village. Similarly, the contributions toward the road
improvements will allow for $95,000 in Road Millage funds to be spent elsewhere in the Village.
It is recommended that Village Council approve the agreement and authorize the Village President and
Clerk to execute the document on behalf of the Village.
SUGGESTED RESOLUTION
To approve the Planned Unit Development Agreement between the Village of Milford, DevMar, LLC,
and Milford Lofts, LLC. Further, to authorize the Village President and Village Clerk to execute the
agreement on behalf of the Village.
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Council President Jerry Aubry called the meeting to order in the Milford Civic Center at
7:30 p.m. Council President Jerry Aubry led the Pledge of Allegiance.
ALSO PRESENT Thomas Lindberg, Police Chief; Ann Barnette, DDA Director;
Planning Commissioners John Heidt, Gary Goodenow, Karen
Worrell, Chris Nichol; Jennifer Elowsky, Legal Counsel; Christian
Wuerth, Village Manager
NEW BUSINESS
Council President Aubry stated he lived within 300 feet of the proposed development on
the agenda and stated he would be abstaining from discussion and voting on the subject.
He felt It would be a conflict of interest.
Council President Pro Tem Kovach took over the meeting and explained to the audience
that the developer and Village Planner would be given an opportunity to make
presentations and comments would be allowed from the public after the presentations.
Mark DeMarla, Dev Mar Development, gave a brief background on his past development
projects. He also spoke about the in-depth market study and demand study that the
developer had completed by an appraisal firm which provided his reasoning for proposing
this development in Milford.
Jim Pappas, Architect for Fusco, Shaffer & Pappas, gave a history of their plan submittal
and provided a detailed presentation of the proposed development with a focus on the
access points; proposed building elevations and exterior materials; first floor space
designated for a lounge, rental office and fitness center. Drawings were provided which
were designed to show how the proposed buildings will look In the surrounding community
and In conjunction with the Master Plan for the South Side of Milford.
Nick Lomako, Planner Consultant, Wade Trim, spoke to the PUD and Master Plan
provisions the Planning Commission worked with and how they were able to come to their
decision to recommend approval. The developer first presented the plan to the Village
approximately two years ago and the Planning Commission came on board 18 months
ago, forming an Ad Hoc Committee to work with the developer.
CERTIFIED A TRUE COPY
X _C3AduRs
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Mr. Lomako briefed the Council on some of the public benefits the Planning Commission
feels the Village would receive from this project. These Included: the developer helping
with utility infrastructure, their innovation of housing choices, creating functionality of an
obsolete property, on-street parking, and working toward waikability through property.
One other condition being discussed is the Improvement of Oakland and Washington
Streets.
Mr. Lomako summarized points of possible contention that the Planning Commission felt
were addressed sufficiently by the developer: Contextual issue, how will apartments fit
with the surrounding homes; visually, how will they look with landscaping once built; and
the design of the buildings, making the buildings more consistent with Main St.
development pattern; was project financially feasible; and impacts of the density of 100
units, including traffic impact, demand for 100 units, and the draw on current utilities.
Mr. Wuerth stated residents of Heritage Hills have voiced concerns at prior Planning
Commission meetings regarding cut-through traffic. He stated these concerns will be
addressed with the Homeowners Association, regardless of the outcome of this project.
Several residents addressed Council with their pros and cons of the project. These
included:
The size of the buildings, not being in favor of four stories;
What was going to happen with the 1871 train depot;
was the public properly notified of the project;
Whether there was a need for this many units and what would happen to
apartments if not able to lease, any guarantee property will be maintained;
The Impact on traffic in the Village, it was estimated approximately 750 trips
a day;
In favor of the change from industrial to residential;
In favor of making housing more available;
Additional cut-through traffic In subdivisions comprising pedestrian safety;
How would this increase In population impact the school system;
How is additional tax revenue going to be distributed, roads need work.
Concerns with cost of rent;
Zero lot line was a concern;
Storm water run-off
would there be a retaining wall along the railroad.
Responses to some of the concerns: Kovach stated the tax revenue would be distributed
same as currently being done. Mr. Lomako stated PUD allows discretion on the design,
style and materials of the buildings which the Planning Commission paid attention to in
their decision. The school population has declined over the last few years, so this would
not be a bad Impact on the schools.
Ann Barnette, DDA Director, stated a plus with this development was that It will have an
on-site management which would handle any concems on the property.
CERTIFIED A TRUE COPY
X M
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Mr. DeMaria reiterated reasons it was necessary to build 100 units based on lenders
comments. He confirmed there would be on-site management. He also provided a
definition of lofts which is open spaces and large windows. A 100 percent performance
bond Is being established which guarantees the project will be completed. Mr. DeMaria
stated a retaining will placed the length of the property.
Council discussion:
Kovach stated he liked the proposal and liked the change from light industrial to
residential, however had concerns with the four stories which do not fit with the current
Master Plan. He asked If this PUD were approved with four stories, does it set a
precedent for future developments. Ms. Elowsky stated it does not set a precedent, the
PUD stands on its own.
Frankford was in favor of the development, moving away from light industrial and felt the
project was progressive and in good quality.
Heer stated at first she was not in favor because of the height of the development. She
stated however that she felt this was good for the Village and was smart growth. She was
Impressed with the efforts that went into the planning.
Nader asked where the DDA boundaries were on the project. He questioned what the
Increase in tax revenue would be on the property and whether the property values would
increase in the area, This Information would need to be provided by Oakland County.
After more emphasis on the project details from the architect and Mr. Lomako reiterating
why and how the Planning Commission came to their decision to recommend approval on
this project, Ms. Elowsky presented Council with their options if they wished to reconsider
motion.
Kovach stated he wanted the paving of Washington and Oakland Streets to be considered
in the development agreement.
Dave Caldwell asked if the trees/bushes north of the railroad viaduct on the west side of
the road be trimmed back as they were encroaching on the sidewalk. Mr. Wuerth stated
he would have DPS look Into this matter.
MANAGERS REPORT
COUNCILMEMBER REMARKS
Nader announced the Huron Valley robotics team placed first in the competition.
Frankford thanked Planning Commission on the work they did on the project.
Aubry commented on a gas leak at Washington and Main St. and wanted to make sure
DTE repair the road properly.
ADJOURN
Deborah S. Fr zer, CM
Village Clerk/Assistant Manager
X (Q._(/
1/11/2017 Village of Milford, MI Mail - Milford Lofts Final Draft PUD Agreement
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Christian:
We reviewed the latest draft of DevMds PUD Agreement, and have the following comments:
* Section 2(b) - This section needs to completed by the Developer, and Exhibit B (the General Development Plan)
should be provided to Village Council for its review. In fact, all of the exhibits should be presented to Village Council in
complete form. Currently, the PUD Agreement simply references those exhibits, but Council should be able to cross
refence the actual documents when they review the Agreement.
* Section 8(A) - In regard to water and sanitary sewer fees, the Developer is proposing to allow final payment to be
made within 10 days after construction closing. Village Council should review this provision and confirm whether the
Village is willing to accept $100,000 as the full and final amount for water main construction necessary for this Project,
understanding that the Village will absorb any additional costs over that $100,000.
* Section 9(A) - In regard to the road improvement fees, Village Council should confirm whether the Village agrees to
accept $95,000 as full and final payment for the required road improvements, which will be paid before the issuance of
any C of 0.
In support of this agenda item, our office recommends that Village Council be supplied with the last draft of the PUD
Agreement (see attached), as well as a complete copy of each exhibit, plus a copy of this email.
[JElowsky Email]
ATTENTION: This e-mail originates from a law office. If you have not signed a retainer letter describing the services to
be provided, and the amount to be paid for those services, you should assume that you are not a client. Pursuant to the
Electronic and Communication Privacy Act of 1986, 18 U.S.C. 2510, et seq. (the "ECPA"), you are notified that this e-
mail may contain privileged and confidential information intended only for the use of the individual named above. If you
are not the intended recipient of this e-mail, you are hereby notified that dissemination or copying of this e-mail or any
attachment is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone at
(248) 230-4103, and if you receive this transmission in error, contact the sender immediately, delete the original and
destroy any printout or copy. Neither this information block, the typed name of the sender, or anything else in this
message is intended to, nor shall it constitute, an electronic signature on the part of the sender or the law firm of Baker
& Elowsky, PLLC for purposes of any local, state, or federal laws including the Electronic Signatures in Global and
National Commerce Act ("E-Sign") unless a specific statement to the contrary is included in this message. Thank you.
2 attachments
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MILFORD LOFTS
and
Dated: , 2017
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TABLE OF CONTENTS
RECITALS
3. Intent of Project 5
4. Adherence to Ordinances 5
6. Phasing 6
7. Engineering Plan 7
11. Landscaping 8
15. Miscellaneous 9
Table of Exhibits 15
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RECITALS
A. The purpose and intent of this PUD Development Agreement is to set forth the
mutual and respective covenants, obligations and undertakings of the Village, Owner and
Developer with respect to the Planned Unit Development. The Planned Unit Development
zoning classification shall permit the Developer to develop the Property, and the Developer
agrees to develop the Property, in accordance with the approved General Development
Plan and terms of this Development Agreement. This development shall be known as
Milford Lofts. The proposed development shall consist of One Hundred (100) multiple-
family apartment units located on nine separate vacant parcels commonly known as 113
and 250 East Washington Street, 300 E. Huron Street, and 209 Oakland Street. The
development has nearby access to restaurants and retail uses in the downtown area of the
Village, promoting a walkable and sustainable development pattern. The units will be
developed as rental properties, and the Owner will be responsible for maintenance of the
entire development. The first floor of the portion of building fronting Huron Street will
consist of non-residential uses, such as the following tenant community elements: (a) tenant
community lounge, (b) leasing office, (c) tenant fitness center, and (d) tenant storage units
(hereinafter defined as the "Non-Residential Uses").
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A. DevMar, LLC is the owner of approximately 4.09 acres of real property in the Village of
Milford, located at the intersection of Huron Street and Main Street. This land, combined,
is more particularly described in Exhibit A attached to this Agreement ("Property"). The
Developer, DevMar, LLC, intends to develop the Property with 100 residential multifamily
housing units, and development of the Non-Residential Uses. These improvements will be
completed pursuant to a comprehensive development plan known as the Milford Lofts
Planned Unit Development, which may hereinafter be referred to as the "PUD" or
"Development". The Development will be consistent with the purpose and intent set forth
in recital (A), above.
B. DevMar will provide innovative yet traditional design elements that substantially follow
the predominate architecture in the area. This development concept has been extremely
well received in several Southeastern Michigan downtown communities.
C. The Property formerly contained a lumber yard and was otherwise vacant. All structures
on the site will be razed with the exception of an old railroad house. Developer shall allow
a community group to enter upon the Property for the purpose of removal and preservation
of the depot building. Any such removal must be completed Prior to Developer submitting
application for demolition permits to the Village of Milford, unless subsequently agreed to
by the parties in writing in an amendment hereto, and shall be at the sole expense of the
community group.
D. The proposed Development will be a benefit to the community through the redevelopment
of a now vacant property. The development will provide an immediate increase in tax base.
E. The proposed Development will provide the following additional public benefits: improved
management of storm water runoff, construction of a looped water system with improved
water pressure to serve the Property and surrounding residences, on-street parking along
Huron Street, ornamental pedestrian lighting, and improvements to Washington Street and
Oakland Street.
F. Prior to execution of this Agreement, the Property was zoned I, Industrial, and P-1,
Vehicular Parking. Upon execution of this Agreement the property shall be rezoned by the
Village to PUD, Planned Unit Development.
G. Subject to execution and recording of this Agreement, the Development illustrated and
described in this Agreement and in the Exhibits attached hereto, is hereby approved in
accordance with the authority granted to and vested in the Village Council pursuant to
Michigan Public Act 110 of 2006, as amended ( the Michigan Zoning Enabling Act);
Michigan Public Act 33 of 2008, as amended (the Michigan Planning Enabling Act); and
in accordance with the Zoning Ordinance of the Village, as amended, except as modified
herein and subject to the terms of this Agreement. The approval of the Milford Lofts
Planned Unit Development does not relieve the Developer from compliance with
applicable provisions of the Village Zoning Ordinance, except as modified herein, nor shall
it be deemed to confer any approval other than required by law.
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H. The Village and the Developer now desire to enter into this Agreement which, among other
things, shall set forth the mutual and respective covenants, obligations, and undertakings
of the Village and Developer with respect to the Planned Unit Development. All successors
and assigns of Developer shall be bound by the terms of this Agreement.
The Project covers an area comprising approximately 4.09 acres. The site is located at the
corner of Huron Street and Main Street in the Village of Milford. Developer is proposing to
construct a 100-unit multi-family housing development consisting of two four-story buildings,
parking lots, planned open space areas, including a pocket park, and the Non-Residential Uses.
The units may have patios or balconies and shall range in area from 800 square feet to 1,400 square
feet. The site shall be serviced with adjacent public utilities, and offsite water main improvements
shall be required to service the Project.
The Property shall be developed and improved in full compliance with the following
("Development Documents"):
b. The Final Plan for the Development, and Conceptual Architectural Drawings
prepared by Fusco, Schaffer & Pappas, Inc. and Giffels Webster dated January 22,
2016are attached as Exhibit B, and are otherwise collectively referred to as the
General Development Plan ("GDP").
c. Conditions imposed on the Project by the Planning Commission in its February 11,
2016 recommendation to the Village Board, including the conditions recommended
by the Village's Planning Consultant and Engineer [and any other staff], and any
other reasonable conditions which may be subsequently imposed by the Village
Board with respect to Developer's PUD approval and the Planning Commission
with respect to the Site Plan or other required approvals.
Furthermore, all development and improvement of the Property by Developer and all use
of the Property shall be subject to and in accordance with all applicable Village Ordinances, and
shall also be subject to and in accordance with all other approvals and permits required under
applicable Village Ordinances, the Development Documents and state laws for the respective
components of the Project. To the extent that there are conflicts or discrepancies between
respective provisions of the Development Documents, or between provisions of the Development
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Documents and Village Ordinances, this Development Agreement shall apply. In the event the
Development Agreement is silent on any matters otherwise covered by the GDP or Village
Ordinances and regulations, the GDP and Village Ordinances and regulations shall apply.
The Developer and Village acknowledge and agree that rezoning of the Property to PUD
constitutes approval of the General Development Plan as the plans for general configuration, road
and utility layout, location and amount of land occupied by permitted uses, and setbacks, subject
to final site plan review. All future owner(s) of the Property shall be bound by the terms of this
Development Agreement and the Developer's authority and responsibilities stated herein. It shall
be the responsibility of the Developer to provide notice of these requirements to all future owner(s)
of the Property.
3. INTENT OF PROJECT
The Development will be a high quality residential community consisting of One Hundred
(100) residential rental units plus the Non-Residential Uses set in a downtown setting. It is the
Project Developer's intent to construct quality units that would be targeted toward families seeking
a more urban development than that typically found in a suburban setting. The Project Developer's
principal has constructed several similar developments in the region with great success.
Homeowners that are looking to have a sense of community will find the offering to be an attractive
housing option.
4. ADHERENCE TO ORDINANCES
Project Developer shall comply with the Zoning Ordinance of the Village in effect at the
time of development, except where modified by this Development Agreement. Developer
acknowledges that certain provisions of this Development Agreement may exceed the
requirements of the Zoning Ordinance, and the Village acknowledges that items shown in the
General Development Plan may be less than the requirements of the Zoning Ordinance. Project
Developer shall fully comply with all engineering and other local, state and federal codes and
regulations in effect at the time of development of the Project, unless superseded or otherwise
covered in this Development Agreement and the GDP. Permitted uses shall be limited to multi-
family residential uses, the Non-Residential Uses and all accessory uses thereof as regulated by
the Village of Milford Zoning Ordinance and as modified under this Agreement.
Development standards will generally conform to the GDP as shown on Exhibit B and
established per the permitted construction documents as approved by the building permit for the
Development.
A. The Village shall grant to Developer and its contractors and subcontractors all Village
permits and authorizations necessary to modify the existing utilities including electric,
telephone, gas, cable television, water, storm and sanitary sewer to the Property and to
otherwise develop and improve the Property in accordance with the GDP, provided the
Developer has first made all requisite applications for permits, complied with the
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requirements for said permits, and paid all required fees. Any applications for permits from
the Village will be processed in the customary manner The Village will cooperate with
Developer in connection with Developer's applications for any necessary county, state,
federal or utility company approvals, permits or authorizations to the extent that such
applications and/or discussions are consistent with the GDP, and this Planned Unit
Development Agreement.
The Developer or a builder may install, occupy, and operate from one (1) temporary leasing
trailer on the Property, subject to Building Inspector approval, in a location to be selected
by the Developer. Installation of a leasing office shall be permitted when the Developer
completes general grading of the lot, and has provided gravel access to the trailer. Upon
issuance by the Village of a temporary certificate of occupancy to Developer for a
permanent leasing office, the Developer agrees to remove the leasing trailer immediately.
B. Building Permits: Building permits shall not be issued until all public site improvement
plans have been accepted and approved by the governmental agency having jurisdiction,
including but not necessarily limited to approval of the record drawings, bills of sale and
recording of easements. Estimated costs for site improvements which are not included in
the building permit cost estimates shall be provided to the Village for review prior to any
permit authorization.
6. PHASING
Time is of the essence to this Development Agreement. The GDP shall be in effect for a
period of 2 years, during which time Developer shall obtain building permits, and begin substantial
redevelopment of the project to construct the new units.
The Project shall be completed in one phase. Building permits shall be expeditiously
reviewed by the Village immediately following final engineering plan approval.
Prior to commencing construction of the Development, the Developer shall submit a copy
or proof of project performance and payment bond issued by a reputable commercial bonding
company licensed in Michigan, in an amount equal to 100% of the cost of the project to assure
timely and proper completion of proposed improvements, including site landscaping and other
improvements, in accordance with the Village's Zoning Ordinance.
7. ENGINEERING PLAN
The Developer shall prepare and submit for review and approval detailed engineering plans
for improvements. Such plans shall be reviewed by the Village Engineer to ensure that they are
substantially consistent with the GDP and other applicable requirements. The Developer will make
diligent and good faith efforts to obtain all approvals and permits on a timely basis, and the Village
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will, in a timely manner, process all reviews and approvals required of it. The Developer will
require that all contractors working on improvements submit such performance guarantees as
required by the Village Engineer, and any other governmental agency that has supervisory power
over the work performed by such contractors and maintain such contractor insurance for protection
from claims under workers' or workmen's compensation acts and other employee benefit acts that
are applicable, claims for damages because of bodily injury, including death, and claims for
damages to property that may arise out of or result from the contractor's operations under the
contract, whether such operations are by the contractor or by a subcontractor or anyone directly or
indirectly employed by any of them. The insurance shall be written for not less than limits of
liability specified in the contract documents or required by law, whichever coverage is greater, and
may specify that the contractor deliver to the Developer certificates of such insurance prior to the
commencement of their work, showing the Developer and the Village as additional insureds.
Developer shall, at its sole expense, construct and install all improvements and connections
necessary to tie into the municipal water and sanitary sewer systems, and shall pay the associated
water improvement fee of $100.000.00, the water access fee of $152,600 and the sewer connection
fee of $152,600.00 in accordance with the following terms:
a) The water improvement fee of $100,000.00 shall be paid as follows: (i) $38,900 within
thirty (30) days of approval of this Development Agreement by the Village, and (ii)
$61,100 paid within ten (10) days after construction closing.
b) The water access fee of $152,600.00 shall be paid sixty (60) after construction closing,
unless otherwise agreed to by the parties in writing.
c) The required sewer connection fee of $152,600.00 shall be paid, at the option of
Developer, either (i) prior to the Developer receiving any certificate of occupancy for the
Project, or (ii) in twenty-four (24) equal monthly installments of $6,358.34. An interest
rate equal to one percent (1.0%) shall be applied to any outstanding balance on a monthly
basis in the event the Developer pays the fee herein under subsection (ii). Sewer connection
fee payments by Developer under wither subsection (i) or (ii), above, shall be due
concurrently with the issuance of the first certificate of occupancy for the Project and such
connection fee shall constitute an immediate lien on the Property.
The Developer shall convey to the Village easements necessary for the Village's access to
sewer and water facilities within the Development.
a) The Developer shall pay a road system improvement fee in the amount of $95,000.00.
The road system improvement fee shall be paid in full prior to the issuance of the final
certificate of occupancy for the Project.
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c) Developer and/or Owner shall, upon the future direction of the Village, provide a cross-
access easement with the abutting property to the West of the Development, which
property is more specifically described at Exhibit A.
All architectural and site design and development standards shall conform to the approved
GDP attached as Exhibit B to this PUD Agreement. Any deviations from or amendments to the
approved GDP shall comply with the requirements and standards set forth in Section 94-308 (g)
of the Code of Ordinances for the Village of Milford.
11. LANDSCAPING
Developer shall provide and install landscaping as depicted on Exhibit B. The Developer
and/or Owner shall be responsible for perpetual maintenance of all landscaping, including the
irrigation system, retaining wall and gazebo.
Prior to issuance of the certificates of occupancy for units, the Developer shall construct
and install all required common amenities and common landscaping.
The Developer declares that the restrictions and regulations contained in this Agreement
shall apply in perpetuity to the Project unless otherwise agreed to in writing by the Village and
Developer, and shall be recorded with the Oakland County Register of Deeds upon commencement
of construction of the Development. The responsibility for maintenance of the Project, including
parking areas, landscaped areas, open space areas, and drains over which jurisdiction has not been
assumed by the Village or other agency shall be borne by the Developer, its successors and assigns.
The following restrictions shall apply to the Project: no outdoor fires, including the use of portable
fire pits and barbeque grills, shall be permitted anywhere on the Property, including upon patios
and balconies; the hours and days of trash pickup for the Project shall be restricted to weekdays
and daylight business hours; and the south end pocket park shall be open for use by the general
public, not only residents of the Project.
Developer shall reimburse the Village for all reasonable planning, engineering and any
consultant fees incurred in connection with the review and approval of the Project, in accordance
with the Village's Planning Services Fee Schedule (Exhibit B), and as may be amended by Village
Council.
In all instances in which the Village, pursuant to this Development Agreement, utilizes the
proceeds of a Financial Assurance given to secure completion or maintenance of improvements,
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and at any time throughout the period of development and construction of any part of the Project,
the Village, its contractors, representatives, consultants and agents, shall be permitted, and are
hereby granted authority, to enter upon all or any portion of the Property for the purpose of
inspecting and or completing the respective Improvements, and for the purposes of inspecting for
compliance with and enforcement of the GDP and this Development Agreement.
16. MISCELLANEOUS
a. Binding Effect
This Development Agreement shall be binding upon and inure to the benefit of the
parties and their heirs, successors and assigns. The rights and obligations contained in this
Development Agreement shall run with the Property.
b. Authority
This Development Agreement has been duly authorized by all necessary action of
Developer and the Village, through the public hearing held January 14, 2016, the
recommendation of the Planning Commission on February 11, 2016 and approval of the
Village Council at the public meeting held , 2016 in accordance with the laws
of the State of Michigan, and the Ordinances of the Village. By the execution of this
Development Agreement, the parties each warrant that they have the authority to execute
this Development Agreement and bind the Property in its respective entities to its terms
and conditions.
c. Amendment
The Developer and the Village agree to amend this Agreement and the Exhibits
attached hereto as may be necessary or required to comply with the requirements of any
federal, state or county statue, ordinance, rule, regulation, or requirement relating to the
Planned Unit Development, and that any such amendment shall be effective as if originally
set forth herein. In addition, the Developer and the Village agree to amend this Agreement
and the Exhibits attached hereto as may be appropriate, necessary, or required in order to
conform to any final surveys and engineering requirements and any final plats or plans that
shall have been approved by the Village of Milford from time to time.
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The Developer agrees that, absent gross negligence or willful misconduct on the
part of the Village, its employees, agents, representatives or contractors, or by reason of
the Village's course of conduct resulting in a continuing or material default of its
obligations under this Agreement, the Village shall not be responsible to the Developer for
damages arising out of a claimed breach of this Agreement. In such event, the Developer's
sole remedy (except in the event of a material defect) shall be a claim for specific
performance in the Oakland County Circuit Court. In the event of any litigation relating to
this Agreement, the prevailing party (as determined by the trial Court) will be entitled to
reimbursement of reasonable attorney fees and costs.
e. Violation
(a) Enter the Property, or cause its agents or contractors to enter the Property, and
perform such obligations or take such corrective measures as reasonably found by
the Village to be appropriate. Except in emergency circumstances, the Village shall
first serve written notice on Owner (as used herein, "Owner" may be the Developer,
successor Developer, a builder, or the end user of a unit) setting forth, such
deficiencies and a demand that the deficiencies be cured within a stated reasonable
time period, and the date, time, and place for a hearing before the Village Council,
or such other body, or official delegated by the Village Council, to allow Owner an
opportunity to be heard as to why the Village should not proceed with the correction
of the deficiency or obligation that has not been undertaken or properly fulfilled.
At any such hearing, the time for curing and the hearing itself may be extended
and/or continued to a date certain. If the Village Council or the other designated
body determines that the obligation has not been fulfilled or failure corrected within
the time specified in the notice, the Village shall then have the power and authority,
but not the obligation, to take corrective measures;
(b) Upon proper notice and opportunity to cure of at least a sixty (60) day period,
issue a stop work order as to any or all aspects of the Planned Unit Development,
deny the issuance of any requested building permit or certificate of occupancy
within any part or all of the Planned Unit Development, regardless of whether
Owner is the named applicant for such permit or certificate of occupancy, and
suspend further inspections of any or all aspects of the Planned Unit Development;
or
(c) Initiate legal action for the enforcement of any of the provisions, requirements,
or obligations set forth in the PUD Documents. In the event the Village obtains any
relief associated with a material breach herein as a result of such litigation, Owner
shall pay reasonable court costs and attorney fees incurred by the Village in
connection with such suit. The cost and expense of making and financing such
actions by the Village, including notices by the Village and legal fees incurred by
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This Agreement constitutes the entire agreement between the parties relating to the
subject matter herein and may not be modified replaced or amended, without the prior
written consent of the Developer and the Village of Milford. The Village may terminate
this Agreement upon thirty (30) days prior written notice to the Developer, if any of the
following occur and are not remedied within such thirty (30) day period:
(a) The Developer fails to act in good faith in order to obtain governmental permits
and approvals necessary to complete the construction of the project; or
(b) The Developer (i) fails to commence, continue or complete construction of the
project or any phase thereof in a reasonably diligent time period; (ii) commences
construction but the same is interrupted for a continuous period of more than one
hundred twenty (120) days, or (iii) constructs any substantial portion of the project
in a manner which is not in compliance with approved plans and this Agreement.
(c) Notwithstanding the provisions contained in subsections (a) and (b) above,
failure to complete the Project within two years of the effective date of its approval,
as may be extended pursuant to Section 94-308 (i) of the Village of Milford zoning
ordinance, shall authorize the village council to revoke the development rights
granted in this PUD Agreement and to initiate a zoning districts map amendment
to revert the Project to its previous zoning classification.
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g. Notice
Phone: 248-854-8657
Email: mark@devmardevelopment.com
To Village:
Village of Milford
Attention: Deborah S. Frazer
1100 Atlantic Street
Milford, MI 48381
Phone: 248-684-1515
Email to Village Clerk: dfrazer@villageoft ilford org
IN WITNESS WHEREOF, the parties have caused this Development Agreement to be executed
on the day and year recited above.
VILLAGE OF MILFORD
a Michigan municipal corporation
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ACKNOWLEDGEMENT
STATE OF MICHIGAN )
) ss
COUNTY OF OAKLAND )
The foregoing Agreement was acknowledged before me by Jerry Aubry and Deborah Frazer, the
Village Council President and Clerk (respectively) of the Village of Milford, on the day of
, 2016.
Notary Public
Oakland County, Michigan
My Commission Expires:
Acting in Oakland County
ACKNOWLEDGEMENT
STATE OF MICHIGAN )
) ss
COUNTY OF OAKLAND )
The foregoing Agreement was acknowledged before me by Mark DeMaria, the Manager of
Milford Lofts, LLC, on the ___ day of , 2016.
Notary Public
Macomb County, Michigan
My Commission expires:
Acting in Oakland County
ACKNOWLEDGEMENT
STATE OF MICHIGAN )
) ss
COUNTY OF OAKLAND )
The foregoing Agreement was acknowledged before me by Mark DeMaria, the Member of
DevMar, LLC, on the day of , 2016.
, Notary Public
Macomb County, Michigan
My Commission expires:
Acting in Oakland County
14
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Table of Exhibits
Exhibit B: Site Plan and Landscape Plan. And Conceptual Architectural Drawings
15
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Exhibit A
Property Description
Exhibit B
[Following]
40
Exhibit C
[Following]
41
WADETRIM
January 7, 2016
Village of Milford
1100 Atlantic Street
MiffOrd, Michigan 48381-2001
Wade Trim greatly appreciates the opportunity to provide technical assistance to your Planning
Commission. We have served as the Village of Milford planning consultant since 1996.
We currently receive $800 per month ($9,600 annually) for this service. This amount was
authorized by the Village Council two years ago (CM-01-010-13). We are pleased to report that
no adjustment to our monthly retainer fee amount will be required for 2016.
Pursuant to Part B, Exhibit A, Section 3 of our Professional Services Agreement, fees for site
plan reviews, rezoning opinions, etc., are charged in accordance with our then-current
Development Review Fee Schedule. These charges are payable from a developer's deposit,
collected by your community prior to forwarding the plans to us for our review. We have'attached
our Year 2016 Development Review Fee Schedule. One change has occurred from last year.
Our fee for the review of Planned Unit Development (PUD) projects will now be based on our
actual effort and will be billed in accordance with our then-current Hourly Billing Rate Schedule.
NPL:jel
AM 8140-16D
MLD 2016 Fee Adjustment Request.docx
Attachment: Year 2016 Development Review Fee Schedule
Wade Trim
2016 Development Review Fee Schedule
For Village of Milford, Oakland County, Michigan
The following Development Review Fee Schedule is to be employed for estimating the
consultant's costs for undertaking a professional planning review and preparing a written report
to the community regarding the various types of development proposals. These costs may be
passed through to the developer, along with any additional costs (publication, reviews by others,
etc.), incurred by the community.
The developer's deposit, in an amount determined from this review fee schedule, is collected by
the community prior to forwarding the plans to Wade Trim for review. Development review costs
may vary depending on the completeness and complexity of the application.
a. Detached single-family
condominium (site-condos),
multiple-family or mobile home
park developments $750 plus $5 per dwelling unit
c. Commercial or office
development $600 plus $25 per acre or fraction thereof
e. Public or semi-public uses $600 plus $25 per acre or fraction thereof
AAA8140/12/DOCS/CORRES/DEVELOPLIEUT REVIEW FEE SCHEDULE 2016 for Village of Milford DOC Page 1 of 2
43
6. Historic District/Architectural
Commission Reviews $300
a. Commercial $500
b. Residential $250
MA8140/12/DOCS/CORRESIDEVELOPMENT REVIEW FEE SCHEDULE 2016 For VilHge of hlErford DOC Page 2 of 2
44
Village of Milford
1100 Atlantic Street
Milford, MI 48381
OHM Advisors is pleased to submit this proposal for professional engineering design services for the Oakland Street
Water Main project. We have prepared the project understanding and scope of services below at the request of the
Village.
PROJECT UNDERSTANDING
The project site is located along Oakland Street between Caroline Street and the railroad tracks. The primary work to be
done with the project includes the installation of approximately 1,000 linear feet of 8-inch ductile iron water main from
the existing hydrant at the Caroline Street/Oakland Street intersection to approximately 400 feet north of the railroad
tracks.
Additional work scheduled to be completed includes: the abandonment of the existing 4-inch water main along Oakland
Street, replacement and additions of fire hydrants, and the placement of valves and temporary water main as needed
during the installation process. The new water main will likely be installed using a combination of open cut and
trenchless methods.
SCOPE OF SERVICES
The following is the scope of services that OHM Advisors is proposing to provide for the completion of this project
from engineering through the bidding process.
1. Preliminary Engineering
I Coordinate with the Village of Milford Department of Public Services (DPS) regarding the desired
improvements to the water main system.
I Request private utility information from all applicable utility owners (ra FE, Consumers, AT&T, etc.).
Collect water service lead information from the Village DPS.
I Conduct a field visit and take digital photos of the project area. Investigate constructability issues and
determine potential utility conflicts.
I Determine what valves will need to be shut down in order to abandon the 4-inch water main and construct
the 8-inch water main. Coordinate with the DPS to review system redundancy and determine the areas that
OHM Advisors
34000 PLYMOUTH ROAD T 734.522.6711
LIVONIA, MICHIGAN 48150 F 734.522.6427 OHM-Advisors.com
45
would be affected by the valve closures. OHM Advisors will also coordinate with the DPS to verify that all
service leads have been transferred from the existing 4-inch water main to be abandoned.
Determine required permits needed to construct the water main. The only anticipated permits are a
Michigan Department of Environmental Quality (MDEQ) Act 399 water main permit and an Oakland
County Soil Erosion and Sedimentation Control (SESC) permit. OHM Advisors will prepare and submit
these applications for approval. Any permit fees will be provided by the Village of Milford and/or the
contractor.
Coordinate with Giffels Webster on the detailed engineering review of the Milford Lofts project to ensure
the two designs and associated permits are compatible.
Evaluate different construction methods and recommend installation techniques based on the preliminary
alignment selected and assumed disturbance from the proposed work. It is anticipated that a jack-and-bore
method will be utilized to install the proposed water main. However, alternative installation methods,
including traditional open cut or trenchless technologies (i.e. directional drilling) may also be utilized.
Perform a full topographic survey for the project between Caroline Street and the railroad tracks from
Right-of-Way to Right-of-Way (ROW), including an additional 25-feet on each side. The survey will
include visible manmade structures, including, but not limited to, existing pavement, sidewalk, landscape
elements, trees, buildings/building entrances, surface utility attributes, and other pertinent features with the
project area.
Coordinate with G2 Consulting to obtain geotechnical and soil boring information for this project.
Prepare base drawings and include a preliminary alignment.
Prepare construction plans for the proposed water main improvements, including horizontal and vertical
alignments, as well as restoration in accordance with the requirements of the Village of Milford.
Design valve and hydrant placement and project details.
Quantify water main related pay items and the associated restoration necessary to complete the project.
Quantities for the above-mentioned items will be provided on the plans.
Prepare Method of Payment provisions to be included in the contract documents. The Supplemental
Specifications and Supplemental Instructions to Bidders will also be prepared. Appropriate permit
application forms, debarment certifications, and additional appendices may also be included.
Facilitate a pre-design (QA/QC) meeting with the DPS at the 30% design state to finalize the alignment
with the DPS representatives. After revisions and further design, OHM Advisors will provide a set of plans
at the 90% design stage for the DPS to review and comment on. OHM Advisors will provide the DPS
with plans at least one (1) week prior to the meeting date(s).
Prepare a final engineer's estimate of probable cost,
Deliver final plans to the DPS upon completion. OHM Advisors will provide a digital plan set as well as
two (2) hard copy plan sets of the water main design to the DPS at this time. Bidding administration,
including advertisement for bid, distribution of plan sets to bidders, pre-bid conference, and bid opening
will be coordinated between the DPS and OHM Advisors.
3. Bidding Assistance
Prepare and place an advertisement for bid. The job will be advertised for two (2) weeks with MITA and
the \Tillage may choose to advertise with the Milford Times.
Produce two (2) copies of the contract documents for the DPS, if requested.
Conduct the bid opening.
Prepare and evaluate a project bid tab. The bid tab shall include contractor's total project bid and unit
price breakdown.
Check references for the lowest bidding contractor(s).
Provide a Recommendation of Award to the Village.
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SCHEDULE
OHM Advisors will being work on this project within two (2) weeks of authorization and will be completed within 90
days of authorization. The anticipated project schedule is shown below:
Construction Status
This project will commence during the Spring of 2017 and will be coordinated with the Milford Lofts project.
It is anticipated that the construction will take approximate 7-8 weeks to complete.
FEE SCHEDULE
Services for engineering design will be performed on an hourly not-to-exceed basis. The Village of Milford will be
invoiced monthly based on the effort expended to date. The following budgets are presented for your consideration:
DELIVERABLES
OHM Advisors will provide complete construction plans, including two (2) hard copy sets and one (1) digital set, a
completed engineer's opinion of probable cost, and specifications. Following the completion of the water main
construction, OHM Advisors will deliver record drawings in the appropriate format (as directed by the DPS) to the
DPS within three (3) months of final acceptance of the project.
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ADDITIONAL SERVICES
OHM Advisors would be pleased to provide any additional seta ices, not specifically described in the Scope of Services
for this project, on a Time and Material Basis.
ACCEPTANCE
This document, including any attached Exhibits, constitutes the entire Agreement between the Village and OHM
Advisors. If this proposal is acceptable to you, please sign both copies and return one to us as an authorization to
proceed.
We thank you for this opportunity to provide professional engineering services. If you have questions regarding this
proposal or require additional information, please contact me at (734) 522-6711.
Sincerely,
OHM Advisors,
Village of Milord
Oakland Street Water Main Professional Engineering Design Services
Accepted By:
Printed Name:
Title:
Date: