HomeMy WebLinkAboutResolutions - 1986.05.22 - 10774MISCELLANEOUS RESOLUTION NO. #86143
RE: ECONOMIC DEVELOPMENT GROUP
RESOLUTION APPROVING PROJECT PLAN
(KAY SCREEN PRINTING, INC. PROJECT) - ORION TOWNSHIP
BY: PUBLIC SERVICES COMMITTEE, JAMES EDWARD LANNI, CHAIRMAN
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS, The Economic Development Corporation of the
County of Oakland (the "EDC') has recommended that this Board
of Commissioners approve the Project Plan required by the
Economic Development Corporations Act, Act No. 338 of the
Michigan Public Acts of 1974, as amended (the "Act") for the
Kay Screen Printing, Inc. Project, a copy of which Project Plan
is attached hereto as Exhibit A (the "Project Plan"); and
WHEREAS, the EDC's recommendation to this Board of
Commissioners was based upon its determinations that the
Project is reasonable and necessary to effectuate the purposes
of the Act, that the Project Plan prepared in connection with
the Project satisfies all of the requirements of Section 8 of
the Act regarding project plans, that the persons who will be
active in the management of the project for at least one (1)
year after the projected date of the County Board of
Commissioner's approval of the Project Plan will have
sufficient ability and experience to manage the Plan properly,
and that the proposed method of financing the Project is
feasible and a bond purchaser's commitment has been obtained;
and
WHEREAS, on May 5 , 1986, the governing body
of Orion Township, Oakland County,
Project Plan; and
Michian, also a .olproved the
WHEREAS, on May 22 1986, this Board of
I HEREOY APPROVE THE FOREGOING RESOLUT
.
Commissioners held a public hearing to consider whether the
Project Plan constitutes a public purpose as contemplated by
the Act; and
WHEREAS, this Board of Commissioners, following such
public hearing and its review of the Project Plan, concurs in
the determinations of the EDC with respect thereto;
NOW, THEREFORE, BE IT . RESOLVED BY THE BOARD OF
COMMISSIONERS OF THE COUNTY OF OAKLAND, as follows:
1. The Project Plan, in the form attached hereto as
Exhibit A, be and is hereby determined to constitute a public
purpose as contemplated by the Act.
2. The Project Plan be and is hereby approved,
3. The EDC be and is hereby authorized to take such
steps as are necessary to implement the Project and the
financing thereof by the issuance of revenue bonds or notes.
4. The County Clerk be and is hereby directed to
provide four certified copies of this resolution to the
Assistant Secretary of the Board of the EDC.
The Public Services Committee, by James Edward Lanni,
Chairman, moves for adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
YEAS: Members: Law, McConnell, McDonald, McPhprsnn, Mnffitt,
Nelson, Olsen, Page, Perinoff, Pernick, Price, Rowland, Skarritt, Webb,
Wilcox, Aaron, Caddell Po on is S. W.. I' .4111. , R. Kuhn,
S. Kuhn, Lanni. (25) .
NAYS: Members:
ABSENT: Members: Calandro, Rewold.
ABSTENTIONS: Members: None. (0)
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EXHIBIT A
THE ECONOMIC DEVELOPMENT CORPORATION
OF THE COUNTY OF OAKLAND
Oakland County, Michigan
Kay Screen Printing, Inc.
PROJECT PLAN
Project
CONTENTS
1, Summary Description of Project (Page 2)
2. Project Plan Certification by Company (Page 3)
3. Statutorily Required Information (Page 4)
4. Exhibits
"A" - Project Area Legal Description
0E00
"C"
Other
- Bond Purchaser's Commitment Letter
- Company Certificate
Wages"
- Company Certificate
Employment
Regarding "Prevailing
Regarding Transfer of
(4964b)
(0911B)
"PROJECT PLAN
SUMMARY DESCRIPTION OF
KAY SCREEN PRINTING, INC. PROJECT
OWNER OF PROJECT: Kay Screen Printing, Inc.
CONTACT PERSON: (Name, address, telephone number)
Mr. Joseph Kay, 1614 Clay Street
Detroit, Michigan 48211 (313) 872-4048
LOCATION OF PROJECT: (Local municipality)
Orion Township
PROJECT AREA/DISTRICT AREA: See Exhibit A
NATURE OF PROJECT: Construction of 50,400 square feet production facility,
including improvement of property, excavation, sewer system
and road construction.
EMPLOYMENT CREATED OR RETAINED: Approximately thirty (30) employment
positions will be created
TOTAL PROJECT COST: Three Million Five Hundred Twenty-three Thousand Six
Hundred Fifty Dollars ($3,523,650.00)
BONDS TO BE ISSUED: Two Million Eight Hundred Thousand Dollars ($2,800,000.00)
BOND PURCHASER: First of America Bank - Wayne Oakland
DATE AND EXPIRATION DATE OF BOND PURCHASE COMMITMENT:
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av Screen Printing, Inc.
By:
'E6-1a1d E. Conley
Its Director 'and Gener$1 Counsel
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.
Dated:
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PROJECT PLAN
STATUTORILY REQUIRED INFORMATION REGARDING
KAY SCREEN PRINTING, INC.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:
The proposed project consists of a Fifty Thousand Four Hundred
(50,400) square feet industrial building as shown as Phase One and
Phase Two on the site plan on file,with access roads and parking
as shown on said plan. The project also includes such improvements
as a sewer system and road construction.
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:
Not applicable. The land is presently vacant.
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:
A description of the proposed improvements is set forth in Paragraph
I. The total cost of the project is approximately Three Million Five
Hundred Thousand Dollars ($3,500,000,000.00), which is broken down as
follows: (i) land- $724,000; (ii) building construction - $1,663,000;
(iii) site work - $121,000; (iv) machinery and equipment - $740,000;
(v) road construction - $225,000; and (vi) legal fees and financing
costs - $50,000. See Paragraph IV for estimated times of completion.
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IV. A DESCRIPTION OF THE CONSTRUCTION OR STAGES OF
CONSTRUCTION PLANNED, AND THE ESTIMATED TIME OF COMPLETION OF
EACH STAGE:
Land Acquisition: Completed
March 30 / 1986: Complete engineering/ commence site preparation
March 15-30: Road construction / final site preparation
April 15: Commence construction
September 30: Complete construction
September 15-30: Equipment installation
V. A DESCRIPTION OF THE PARTS OF THE PROJECT AREA TO
BE LEFT AS OPEN SPACE AND THE USE CONTEMPLATED FOR THE SPACE:
Landscaped areas and parking areas for approximately
fifty (50) to sixty-five (65) cars will exist as shown
on the site plan on file.
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.
5
VII. A DESCRIPTION OF DESIRED ZONING CHANGES AND
CHANGES IN STREET, STREET LEVELS, INTERSECTIONS AND UTILITIES:
Not applicable
VIII. A DESCRIPTION OF THE PROPOSED METHOD OF
FINANCING THE PROJECT, INCLUDING ATTACHMENT OF A COPY OF THE
BOND PURCHASER'S COMMITMENT LETTER:
The owner has equity of Seven Hundred Seventy-five Thousand
dollars ($775/000), which includes the cost of the land of Seven
Hundred Twenty-four Thousand dollars ($724,000) and other costs
expended to date. The remainder shall be financed by EDC bonds
to be pruchased by First of America Bank- Wayne Oakland/ pursuant
to the terms set forth on the attached commitment letter.
Copy of 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 C.
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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:
The property shall be occupied by Kay Screen Printing, Inc.,
its present owner. The property may be conveyed to Joseph
Kay, President and 100% owner of Kay Screen Printing, Inc.,
and leased back to the corporation. Alternatively, the
property may be conveyed to a corporation affiliated through
common ownership with Kay Screen Printing, Inc. and leased
back to Kay Screen Printing, Inc.
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:
The property is presently owned by Kay Screen Printing, Inc.
It is possible that the property shall be conveyed to Joseph
Kay, President and 100% owner of Kay Screen Printing, Inc.,
and leased back to the corporation. Alternatively, the
property may be conveyed to a corporation affiliated through
common ownership with Kay Screen Printing, Inc. and leased
back to Kay Screen Printing, Inc.
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
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UNITS, THE ANNUAL RATE OF TURNOVER OF THE VARIOUS TYPES OF
HOUSING AND THE RANGE OF RENTS 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. No people presently reside in the
Project Area, no families or individuals will be displaced by
the Project, and no residences are located in the Project Area.
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.
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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.
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SCHEDULE A
LEGAL DESCRIPTION
Land in the Township of Orion, Oakland County, Michigan,
part of the south-east 1/4 of Section 35, T.4 N., R.10 E.,
described as follows:
Beginning at a point on the east and west 1/4 line of said
Section 35, distant S.79°09 1 57"W., 1355.22 feet from the east 1/4
corner of said Section 35, thence S.10°5003E., 311.87 feet;
thence S.82°18'50"W., 303.00 feet; thence S.83'50W., 484.00 feet
to the east right-of-way line of State Highway M-24; thence
N.00°00'37"W., along said line, 260.00 feet to the east and west
1/4 line, thence N.79°0957"E., along said line, 680.00 feet to
the point of beginning, and containing 5.069 acres, more or less.
Together with an easement for roadway purposes and public
utilities over a strip of land 60 feet in width, lying south of
and adjacent to the above-described parcel, the north line of
said easement being described as:
Beginning at a point on the said east right-of-way line of
State Highway M-24, located S.00°0037"E., 260.00 feet from the
east-west 1/4 line of said Section 35; thence N.83°50E., 484.00
feet; thence N.82°18'50"E., 303.00 feet to the point of ending.
Part of Tax Item Nos. 09-35-400-006 and 09-35-400-010.
Kay Screen Printing, Inc.
Michigan corporation
Donald E. Conley
Its: Director and Gendi-el Counsel
, a
Exhibit C
COMPANY CERTIFICATE REGARDING
PAYMENT OF PREVAILING WAGES
( Kay Screen Printing, Inc. Project)
The undersigned, Kay Screen Printing, Inc. ,
a Michigan corporation (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 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 Kay Screen Printing, Inc.
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.
3. 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.
Dated: 3 C
1 0
Exhibit D
COMPANY CERTIFICATE REGARDING
TRANSFER OF EMPLOYMENT
( Kay Screen Printing, Inc. Project)
'
The undersigned, Kay Screen Printing, Inc.
a Michigan corporation (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. 339
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
Oakland is a statutory requirement which, if improperly made or
based upon any material misrepresentation or inaccuracy, miAht
invalidate the proceedings regarding the Kay Screen Printing.
Project (the "Project") pursuant to which the EDC exp_cts
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 Orion Township , Michigan, the
municipality in which the Project will be located.
5. The Company agrees that during the life of the
bonds proposed to be issued by the EDC to finance the costs of
the Project for the Company, the Company will not ,5ermit a
lease or sublease in connection with the Project 1.11ch would
have the effect of transferring, as to such lease, siDlease or
group of leases or subleases which are interrelaed (i.e.
"interrelated" means leases negotiated as part of cne set of
negotiations or leases with lessees who are relatA by more
than 50% common ownership), employment of mor' than 20
full-time persons from a municipality of his State
to Orion Township , Michigan unless the Co or such
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Kay Screen Printing, Inc.
Michigan corporation
By:
Donald E. Conley
Its: Director and Generil Counsel
, a
Dated:
lessee or sublessee has first obtained a consent to the
proposed transfer of employment from the governing body of each
municipality from which employment is to be transferred.
6. 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.
12
RESOLUTION DECLARED ADOPTED:
Lynn D. Allen
Co(inty Clerk
STATE OF MICHIGAN)
) SS.
COUNTY OF OAKLAND)
I hereby certify that the foregoing is a true and
complete copy of a resolution adopted at a regular meeting of
the Board of Commissioners of the County of Oakland, Michigan
held on the 22hd day of May , 1986, the original of
which is on file in my office. Public notice of said meeting
was given pursuant to and in compliance with Act No. 267 of the
Michigan Public Acts of 1976, as amended.
Lynn D, Allen
CoUnty Clerk
Dated: May 22, , 1986
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