HomeMy WebLinkAboutResolutions - 1999.06.10 - 25774'June i(), 1999
MISCELLANEOUS RESOLUTION #99144
BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION APPROVING
PROJECT PLAN (THE SU-DAN COMPANY PROJECT) - ORION CHARTER TOWNSHIP
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 and that the Project Plan satisfies all of the
requirements of the Act regarding project plans; and
WHEREAS the governing body of Orion Charter Township, 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, concurs in the determinations of the EDC with respect
thereto;
NOW THEREFORE BE IT RESOLVED that the Project Plan is hereby determined to
constitute a public purpose as contemplated by the Act and is hereby approved;
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.
dill-W4NING A D BUILDI n OMMITTEE
/41AL...rm. ,
Planning and Building Committee Vote:
Motion carried unanimously on a roll call vote.
•
PROJECT PLAN
SUMMARY VESCRLPTION OF
ITIE SU-DAN COMPANY PROJECT
OWNER OF PROJECT:
CONTACT PERSON:
The Su-Dan Company
Next Millennium Properties L.L.C.
1053 Rochester Industrial Court
Rochester Hills, Michigan 48309
(Name, address, telephone number)
Dennis J. Keat
President
The Su-Dan Company •
1853 Rochester Industrial Ct.
Rochester Mils, MI 48309
(248) 651-6035
LOCATION OF PROJECT: (Local rmmicipality)
Orion Charter Township, Michigan
PROJECT AREA/DISTRICT AREA: Sec Exhibit A
NATURE OF PROJECT:
60,000 square foot Industrial Building
EMPLOYMENT CREATED OR RETAINED:
40 ,.New positions created
40 People transfered from Rochester 1i1ls, Michigan
TOTAL PROJECT COST:
500,000
BONDS TO BE ISSUED:
5',500,000
LETTER OF CREDIT ISSUER OR BOND PURCHASER:
Comerica Bank
DATE AND EXPIRATION DATE OF LETTER OF CREDIT OR BOND PURCHASE
COMMITMENT:
Py:
Dennis J. Kea
Its: Partner
PROJECT PLAN CERTIFICATION
THIS PROJECT PLAN WAS PREPARED FOR= 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 PROCEED-
INGS REGARDING THE PROJECT TO WHICH THE PROJECT
PLAN PERTAINS.
THE SU-DAN COMPANY
By: .&----14-7-41,-
Dennis J. Kea% Its: President
Dated: Aril 12. 1999
Next Millennium Properties L.L.C.
PROJECT PLAN
STATUTORILY REQUIRED INFORMATION REGARDING
THE SU-DAN COMPANY 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.
TT. A DESCRIPTION OF EXISTING IMPROVEMENTS IN THE PROJECT AREA
TO BE DEMOLISHED, REPAIRED, OR ALTERED; A DF.SCRIPTION OF REPAIRS AND
ALTERATIONS; AND AN ESTIMATE OF THE TIME REQUIRED FOR COMPLETION:
None
III. THE LOCATION, EXTENT, CHARACTER, AND ESTIMATED COST OF THE
IMPROVEMENTS, INCLUDING REIIABILITATTON CONTEMPLATED FOR TI-IE PROJECT
AREA, AND AN ESTIMATE OF THE TIME REQUIRED FOR COMPLF.TION:
None
3
IV. A DESCRIPTION OF THE CONSTRUCTION OR STAGES OF
CONSTRUCTION PLANNED, AND THE ESTIMATED TThelF., OF COMPLETION OF EACH
STAGE:
The project is expected to be completed by April, 2000 and fully
operational by aune of the same year.
Construction Stages;
Engineering plans and site plan development May, 1999
Plan approval process June - July 1999
Building construction July - April 2000
Equipment installation May - June 2000.
V. A DESCRIPTION OF THE PARTS OF THE PROJECT AREA TO BE LEFT AS
OPEN SPACE AND THE USE CONTEMPLATED FOR THE SPACE:
Approximate,y 4 acres of this site are we lands and will remain sc
„In addition about 1. acre will be vacant for future building expansi
VI. A DESCRIPTION OF PORTIONS OF THE PROJECT AREA WHICH THE
ECONOMIC DEVELOPMENT CORPORATION OR THE COMPANY DESIRES TO SELL,
DONATE, EXCHANGF. OR LEASE TO OR FROM THE MUNICIPALITY AND THE
PROPOSED TERMS:
Not Applicablc
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 ATTACI-LMENT OF A COPY OF THE LETTER OF CREDIT OR
BOND PURCHASER'S COMMITMENT LETTER:
Comerica Letter of Credit
Copy ofletter of Credit or bond purchasa'a commitment letter attached as Exhibit B.
LX. 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 (REGARDTNG WAGES ON STATE
CONTRACTS):
See attached Exhibit D.
X A LIST OF PERSONS WHO WILL MANAGE OR BE ASSOCIATED WITH
THE MANAGEMENT OF THE PROJECT FOR A PERIOD OF NOT LESS THAN I (ONE)
YEAR FROM THE DATE OF APPROVAL OF THE PROJECT PLAN;
Dennis J. Kea t President, The au-dan Company
Richard G. Dryden, Chairman, The Su-dan Company
Daryl D. Pallas, Director of Engineering, The Su-dan Company
Douglas Braun, V.P. of Manufacturign, The Su-den Company
.•
Xt. 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 Su-Dan Company will lease the facility from Next Millennium Properties L.L.C.
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, TEE PROCEDURES FOR
BIDDING FOR THE LEASING, PURCHASING OR CONVEYING OF THE PROJECT UPON
ITS COMPLETION:
Not Applicable
ESTIMATES OF THE NUMBER OF PERSONS RESIDEsTG 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 INDTVIDUALS 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
6
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
XIV. A PLAN FOR ESTABLISHING PRIORITY FOR THE RELOCATION OF
PERSONS DISPLACED BY THE PROJECT IN NEW HOUSING LIN' THE PROJECT AREA:
Not Applicable
XV. PROVISION FOR THE COSTS OF RELOCATING PERSONS DISPLACED BY
THE PROJECT AND FINANCIAL ASSISTANCE AND REDvIEURSEMENT 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 ACQI.TISITI ON
POLICIES ACT OF 1970, 42 U.S.C. 4601 TO 4633: •
Not Applicable
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gxhibit A
LEGAL DESCRIPTION
RCIESEt)-NARCI ADIIPLP1911
•
LAND IN THE SOUTHEAST 1/4 OF SECTION 35, TOWN 4 NORTH, RANGE 10 EAST,
ORION TOWNSHIP, OAKLAND COUNTY, MICHIGAN BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:'
COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 35; THENCE
8.06'50'33"E. 822,34 FEET ALONG THE EAST LINE OF SECTION 35; THENCE
S.86 1 17'08"w, 618.39 FEET ALONG THE SOUTH LINE OF "KAY INDUSTRIAL PARK"
AS RECORDED IN LIBER 216, PAGES 28 TO 31 OF OAKLAND COUNTY RECORDS;
THENCE 5.00'11'08"W. 243.33 FEET TO THE POINT OP BEGINNING; THENCE
S.89'48'52"E. 60.00 FEET; THENCE S.00'11'08"w. 290400 PEET; THENCE
N,89 °48 1 82"W. 310:00 FEET TO THE. EAST LINE ot' PROPOSED KAY INDUSTRIAL
DRIVE (70.FEET WIDE); THENCE N.00'11'08"E: 290.00 FEET .ALONG THE EAST
LINE OF PROPOSED KAY INDUSTRIAL DRIVE; THENCE 5.89 -48'52"E. 250.00 PEET
To THE POINT OF BEGINNING. CONTAINING 2.0638 ACRES .MORE OR LESS AND
2EING .5UB3EcT To ANY EASEMENTS OF RECORD.
AND, • . • • •
PROPOSED PARCEL "I" PROPERTY .DESCRIPTION
• •
LAND IN THE SOUTHEAST 1/4 OF SECTION 35, TOWN 4 NORTH, RANGE 10 EAST,
ORION TOWNSHIP, OAKLAND COUNTY, MICHIGAN BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT TEE EAST .1/4. CORNER OF. SAID SECTION 35; *THENCE
S.06 4 50'33"E. 822.34 FEET ALONG THE EAST LINE OF SECTION 35.TO THE. POINT
OF BEGINNING; TgENdE CONTINUING $.06'50'337E; 675.47 FEET ALONG THE EAST
LINE OF SECTION 35; THENCE 400,W481.52M. 379.61 FEET; THENCE
8.00'11'08"W: 150.00 FEET; THENCE N.8948 7 52"W. 500.00 FEET TO THE
NORTHEAST CORNER OF NORTHPpINTE DRIVE (70 FEET WIDE) IN "NORTHPOINTE
INDUSTRIAL PARK O. 1" AS RECORDED IN USER 234, PAGES 7 TO 10 OF
OAKLAND COUNTY RECORDS; THENCE N.8948 1 52"W. 70.00 FEET ALONG THE NORTH
LINE OF NORTHPOINTE'DRIVE TO THE EAST LINE OF KAY INDUSTRIAL DRIVE (70
FEET WIDE); THENCE N.0011'08"E. 70.00 FEET ALONG THE EAST LINE OF KAY
INDUSTRIAL DRIVE TO THE NORTHEAST CORNER OF KAY INDUSTRIAL DRIVE; THENCE
CONTINUING N.00 -11 1 08"E.. 175.00 FEET ALONG TEE EAST LINE OF PROPOSED KAY
INDUSTRIAL DRIVE; THENCE 8.89'48 1 52"E. 310.00 FEET; THENCE .11.001108"E.
290.00 FEET; THENCE N.8948 1 52"W. 60.00 FEET; THENCE N.0011'08"E.
243.33 FEET TO THE SOUTH LINE OF "KAY -INDusTRIAL PARK" AS RECORDED IN
LIEER 216, PAGES 28 To 31 OF OAKLAND COUNTY RECORDS: THENCE
NA6 -17'08"E_ 618.39 FEET ALONG THE SOUTH LINE OF "KAY INDUSTRIAL PARK"
TO THE POINT OF BEGINNING. CONTAINING 11.9418 ACRES MORE OR LESS AND
BEING SUBJECT TO ANY EASEMENTS OF RECORD.
A-1
Fxhibit B
LETTER OF CREDIT OR
BOND PURCHASER'S COMMITMENT LETTER
05/20/99 16:37 FAX 248 645 0748 . ROBERT SCHWARTZ Q02
APR. 714' 99(ED) 08:31 COMERICA BANK-MACOM8 TEL:810 773 0704 P.002
=In
cormerice Back
April 14, 1999
M. Dennis Katt, Provident
Su-Dan Corporation
Nact Willentlitun Properties, LLC
1853 Rochester Industrial Ct.
Rochester Ms, 11e48309
Dear Dennis,
I am pleand to infer= you that Camera Bank C'Comerican has agreed to provide up to a $6,000,000
Secured UMW of Credit backing an InduMial Development Revenue Bond to Su-Dan Corporation and Neu
Millennium Properties, LLC se joint obligors ("Obligors") for thole purpuse$ and cm throe tains mid
conditions set forth on the attached Term Sheet Om "Comminiunt").
As a condition to mding this credit facility, Commiea must be provided with all documents and hateauxion
required by Generic& in form and Wotan= satisfactory to Comerics. A further condidon of doming this
credit fatality is CeingliCiell censinned anisfaccian with borrower's financial Modition, operations,
menagement and ee01101IliC environment which may be reviewed by Commrica ac any time.
Please indicate your sceeptance of thisr Commitment by signing below where indicated, and robin your signed
copy of this Wier to me within 10 days from the date eats letter. If your written acelyannee is not received
by me within eaid period of than this Commilmost shall automatically become mill arid void. This
Commionent shall also expire alter seeepentos if the Bends are ant issued on ar before ALIO= 31, 1999,
after which time Cormaint will have no further liabllkies hertendor. This Commitment may only be accepted
as drawn, and may not be accepted in part, conditionally es subject to modification.
Dennis, thank you once in for choosing CAnneriea Beak Please all me at (310) 445-010 if you hope any
questions regarding the tame of this Loan Commitment at the closing of this transaction.
Sincerely yours,
Comerica Beek
By: Edwin J. Wensink
Ire Viet president
Accepted and Agreed To:
The SLY-DAN COMPANY NEXT MILLENNIUM PROPER:TIES. MC
By By
ha Its
05/20/99 THU 15:36 [TX/RX NO 97541
Dennis J. Ke la9 Its: President
By:
Exhibit D
COMPANY CERTIFICATE REGARDING
PAYMENT OF PREVAILING WAGES
(The Su-Dan Company Project)
The undersigned, The Su-Dan Company, a Michigan corporation (the "Company), hereby
certifies to The Economic Development Corporation of the County of Oakland (the "EDC") as
follows:
1. 'The Compatiy 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 Su-Dan Company 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.
THE SO-DAN COMPANY
Dated :P1 12, 1999
eLavicondev;oaktancibondaccsMnuiplag.wik
D-1
, Brooks Patt
Resolution #99144 June 10, 1999
Moved by Palmer supported by Obrecht the resolution be adopted.
AYES: Garfield, Gregory, Jensen, McPherson, Melton, Millard, Moffitt,
Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel,
Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
,,,,Onalsseawrale
son.
ITHEF-7E73;-"A
1
E FOREGOING RESOLBTIO"
y Executive Date
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 10, 1999 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 19h day/Of June, 1999.
G. William Caddell, County Clerk