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HomeMy WebLinkAboutResolutions - 2000.07.20 - 26041July 20, 2000 MISCELLANEOUS RESOLUTION # 00181 BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION APPROVING PROJECT PLAN (FOX ALUMINUM PRODUCTS INC. PROJECT) - CITY OF HAZEL PARK 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 the City of Hazel Park, 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. Planning and Building Committee Vote: Motion carried unanimously on a roll call vote with Sever absent. THE ECONOMIC DEVELOPMENT CORPORATION OF THE COUNTY OF OAKLAND Oakland County, Michigan Fox Aluminum Products Inc. 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 "D" - Company Certificate Regarding Payment of Prevailing Wages Other PROJECT PLAN SUMMARY DESCRIPTION OF FOX ALUMINUM PRODUCTS INC. PROJECT OWNER OF PROJECT: Fox Aluminum Products Inc., a Michigan corporation, and James Fox Building Company LLC, a Michigan limited liability company CONTACT PERSON: James Fox Fox Aluminum Products Inc. 25170 John R Madison Heights, MI 48071 (248/399-4288) LOCATION OF PROJECT: Hazel Park, MI PROJECT AREA/DISTRICT AREA: See Exhibit A NATURE OF PROJECT: The project consists of the construction of an approximately 42,400 square foot manufacturing facility and the installation of certain machinery and equipment for use in operating the facility (the "Project"). EMPLOYMENT CREATED OR RETAINED: Employment Retained: 25 (Madison Heights: 19, Hazel Park: 6) Employment Created: 8 TOTAL PROJECT COST: $2,500,000 BONDS TO BE ISSUED: $2,000,000 LETTER OF CREDIT ISSUER OR BOND PURCHASER: Peoples State Bank DATE AND EXPIRATION DATE OF LETTER OF CREDIT OR BOND PURCHASE COMMITMENT: Letter of Credit Commitment is dated June , 2000 and will expire June , 2000. FOX ALUMINUM PRODUCTS INC., a Michigan corporation James Fox President Dated: June 7, 2000 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. 2 PROJECT PLAN STATUTORILY REQUIRED INFORMATION REGARDING FOX ALUMINUM PRODUCTS 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 land that will be used as a part of the Project is not currently commercially developed. An unoccupied house is located on the parcel and will be demolished as part of the Project. The parcel is located south of Maple, north of Woodward Heights, and east of Hughes in the City of Hazel Park. 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 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: Fox Aluminum Products Inc. is a manufacturer of aluminum storm doors, storm windows, and machine guards. The Project consists of the construction of an approximately 42,400 square foot manufacturing facility and the installation of certain machinery and equipment for use in operating the facility. It is expected that the land, building, and site work will cost approximately $2,000,000. Another $500,000 has been budgeted for machinery and equipment and costs associated with issuing the bonds. The Project will start in July, 2000 and is expected to be completed by February, 2001. (See also IV for more detail) 3 IV. A DESCRIPTION OF THE CONSTRUCTION OR STAGES OF CONSTRUCTION PLANNED, AND THE ESTIMATED TIME OF COMPLETION OF EACH STAGE: Acquisition of site: 1998 Begin construction: July, 2000 Complete construction: February, 2001 Machinery and equipment will be installed over time after completion of construction. (See also III) V. A DESCRIPTION OF THE PARTS OF THE PROJECT AREA TO BE LEFT AS OPEN SPACE AND THE USE CONTEMPLATED FOR THE SPACE: Green areas, less ingress and egress to the road and areas set aside for a parking lot, will surround the building after completion. There is no other intended use for the open space. 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 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 PURCHASER'S COMMITMENT LETTER: The Project is anticipated to be financed with tax-exempt bonds issued by the Economic Development Corporation of the County of Oakland and secured by a Peoples State Bank direct pay letter of credit. Copy of Letter of Credit commitment attached as Exhibit B. 4 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): Company certificate regarding payment of prevailing wages attached as 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 1 (ONE) YEAR FROM THE DATE OF APPROVAL OF THE PROJECT PLAN: James Fox, President 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 Project is being undertaken for the benefit of Fox Aluminum Products Inc., which will have operations within the facility and own the machinery and equipment portion of the Project, and James Fox Building Company LLC, which will own the real estate portion of the Project that will be leased to Fox Aluminum Products 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 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 5 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 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 6 EXHIBIT A LEGAL DESCRIPTION "ASSESSOR'S PLAT OF 9-112 MILE SMALL FARM SUBDIVISION" WEST 20' OP LOT 129, ALL OF LOTS 130-137 AND ma WEST 20' OF LOT 138 OF PART OF THE NORTHEAST 14 SECTION 25, TIN., R.11E., CITY OF HAZEL PARK, OAKLAND COUNTY, MICHIGAN AS RECORDED IN LIBER 56 OF PLATS PAGE 41 OF OAKLAND COUNTY RECORDS_ Issuer: Obligors: Bond Term and-Amortization Underwriter: Trustee: Structure of Issue; 06/28/2000 08:28 1-248-541 -5435 FOXALUMINUM . PAGE 05 Exhibit B • PEOPLES STATE BANK -+- We Put People First June 22, 2000 Mr. James Fox Fox Aluminurn Products, Inc. -and - James Fox Building Company, L.L.C. 25170 lohn R. Madison Heights, Michigan 48071 Dear Mr. Fox: We are pleased to confirm that Peoples State Bank (the "Bank") has approved issuance of its irrevocable direct pay letter of credit to provide credit enhancement for bonds (the "Bonds") aggregating up to Two Million Thirty Thousand and 00/100 Dollars ($2.030,000.00). This letter is the Bank's offer to commit to issue said letter of credit (the "Letter of Credit") subject to the terms and conditions described herein and to documentation satisfactory in form and content to the Bank, to the Bank's Legal Counsel, to Bond Counsel, to the Underwriter, and to the Issuer. This letter further contains Bank's offer to renew an existing One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) Line of Credit for Fox Aluminum Products, Inc. This offer to commit shall expire at the Bank's option if (a) the Bank has not received acceptance by the Acceptance Date, (b) Closing does not occur on or before the Expiration Date, or (c) there is a material adverse change in the financial condition or affairs of Fox Aluminum Products, Inc. or lames Fox Building Company, L.L.C. from that represented to the Bank. A. GENERAL BOND TRANSACTION TERMS The Economic Development Corporation of the County of Oakland Fox Aluminum Products, Inc. (the "Corporate Obligor") and James Fox Building Company, L.L.C. (the "LLC Obligor") Bond size: Purpose of financing: Up to $2,030,000 To provide funding for the construction of a new 42,400 square foot building, and acquisition and installation of a new crane, new welding fixtures and related equipment. Up to twenty (20) year maturity; with monthly payments pursuant to the Loan Agreement and Trust Indenture. Comerica Securities To be determined Bonds shall be tax-exempt, variable rate demand Bonds, monthly rate mode. 1800 East Twelve Mile Road • P.O. Box 71485 • Madison Heights, MI 48071-0485 • 248-548-2900 • Fax 248-399-7905 06/28/00 WED 08:43 [TX/RX NO 5006] Subordination of Officer Debt: Letter of Credit Fees: 06/28/2000 08:28 1-248-541-5435 FOXALUMINUM PAGE 01 Mr. James Fox June 22, 2000 Page 2 B. GENERAL LETTER OF CREDIT TERMS AND CONDITIONS Letter of Credit Amount: The principal amount of Bonds at any time outstanding, plus the appropriate amount (depending upon structuring) of covered interest. Letter of Credit Term: Up to 5 years, renewable at option of Bank Collateral: First priority real estate mortgage and security interests, with assignment of rents and leases, in Hazel Park facility (including real estate, fixtures and equipment), and all assets of the Corporate Obligor, subject to "Permitted Encumbrances" as defined in Reimbursement Agreement or Bond documents. Guarantees: Unconditional joint and several personal guarantees of James Fox and Judith Fox Cross-Collateralization: Drawing Interest Rate: Tendered Bonds: Increased Costs: Obligations of the Obligor under the Reimbursement Agreement shall be cross-collateralized and cross-defaulted with all other loans by the Bank to either Obligor or to either Guarantor. Existing officer debt (of approximately $74,000) shall be subordinated to the interests of the Bank. Prepaid annually at a rate of 1.50% per annum of the outstanding amount of the Letter of Credit. Such fees shall be computed for the actual number of days in the fee period, with a 360-day year basis. Amounts drawn upon under the Letter of Credit for payment to the Trustee shall be reimbursed by Obligor, to the Bank not later than the same day, with no interest thereon. Amounts not reimbursed the day of drawing shall accrue interest from said date until paid at a variable rate of interest per annum equal to the sum of the Bank's Prime Commercial Borrowing Rate (the "Base Rate") plus one-half percent (0.5%) computed for the actual number of days elapsed, with a 360- day-year basis, and shall be payable monthly. The Bank's prime rate is the rate announced by the Bank from time to time as its prime commercial lending rate and is not necessarily the lowest rate charged by the bank at any time. If for any reason tendered Bonds cannot be immediately remarketed, the documentation shall provide for the Trustee to hold such Bonds for the Bank until they can be remarketed, with variable rate of interest per annum equal to the Base Rate. Obligor, at the Bank's option, shall pay any increase in Bank's cost of issuing or maintaining the Letter of Credit, or any decrease in Bank's fees or other compensation for the Letter of Credit, resulting from: (a) Change in Law: Any change in law or regulation or interpretation thereof by any court, administrative, banking, or regulative body, enacted or effective after the date of this letter; or 06/28/00 WED 08:43 [TX/RX NO 5006] 06/28/2000 08:28 1-248-541-5435 FOXALUMINUM PAGE 02 Mr. James Fox June 22, 2000 Page 3 (b) New Taxes or Other Charges: Any imposition of applicable reserves, special deposits, risk/capital adequacy, or similar requirements against letters of credit, or any new charge or tax on banks with respect to letters of credit. Covenants and Events of Default: By way of example and not limitation, these shall include (unless Bank gives prior written consent) prohibition or restriction of changes in capital structure, investments or advances to other entities, including subsidiaries, mergers or substantial sale of assets, other indebtedness or encumbrances (except "Permitted Encumbrances"). Covenants shall require, without limitation, maintenance of adequate hazard insurance, and (at option of Bank) escrow accounts for property taxes and insurance premiums. Obligors shall provide annual tax returns, and audited financial statements and Guarantors shall provide annual personal financial statements and tax returns. Events of default shall include, without limitation, breach or default on any Bond, collateral, or guaranty document, or the Reimbursement Agreement, or breach or default on any other loans made by Bank to Obligors or any Guarantor. C. GENERAL LINE OF CREDIT RENEWAL TERMS Obligor: Fox Aluminum Products, Inc. Line of Credit Amount: $150,000 Purpose: To provide funding for accounts receivable and inventory financing. Term and Amortization: Twelve (12) months, with monthly interest only payments; due in full on June 1,2001, Interest Rate: Base Rate plus one percent (1.00%) Collateral: Continued first priority real estate mortgage and security interests, with assignment of rents and leases, in Obligor's John R/Madison Heights facility, and all assets of the Obligor. Guarantees: Continued unconditional joint and several personal guarantees of James Fox and Judith Fox. Cross-Collateralization: Obligations of the Obligor shall be cross-collateralized and cross- defaulted with all other loans by the Bank to Obligor or to either Guarantor. Subordination of Officer Debt: Existing officer debt (of approximately S74,000) shall be subordinated to the interests of the Bank. Reporting Requirements: Obligor shall provide annual tax returns and audited financial statements and Guarantors shall provide annual tax returns and personal financial statements. 06/28/00 WED 08:43 [TX/RX NO 5006] 06/28/2000 08:28 1 -248-541-5435 FOXALUMINUM , PAGE 03 Mr. James Fox June 22, 2000 Page 4 C. EME,...C.QNDMONS,OF THE BANK'S OFFER TO COMMIT Closing: As soon as possible, but no later than September 15, 2000 Costs and Expenses: Bond and Bank Counsel fees, Issuer fees, Underwriter and Trustee Pees, and all other costs and expenses incurred in connection with this financing shall be the responsibility of Obligors. Title Insurance: Obligors shall furnish the Bank at Closing with an ALTA Policy of Title Insurance, without standard exceptions, and in conformity with the Bank's loan policy requirements. Survey: Obligors shall furnish to Bank, at least ten (10) days prior to Closing, an ALTAJACSM Survey of the Hazel Park facility, in form and content acceptable to Bank, with such certifications as may be required by the Bank, to be followed by an as-built survey upon final acquisition, construction and installation of the Project. Appraisal: Insurance: Environmental Audit: Commitment Fees: • Obligors shall furnish to Bank, at least ten (10) days prior to Closing, a written MAI appraisal prepared in conformity with the Bank's appraisal requirements, satisfactory to the Bank in all respects, including, without limitation, a conclusion of fair market value of the Project as completed of not less than $2,000,000. The appraiser will be selected and directly engaged by the Bank. Cost of the appraisal will be paid by the Obligors at Closing. Obligors shall furnish to Bank, at least ten (10) days prior to Closing, evidence of insurance and shall at all times comply with the Bank's insurance requirements. Obligors shall furnish to Bank, at least ten (10) days prior to Closing, a Phase I environmental audit satisfactory to Bank in all respects, prepared by an environmental auditing firm approved by Bank. Cost of the audit will be paid by the Obligors at Closing. Obligors shall pay Bank a non-refundable Letter of Credit Issuance fee in the amount of one percent (1%) of the face amount of the Letter of Credit concurrently with the issuance of the Letter of Credit. Obligor shall pay Bank a non-refundable processing fee of $500 concurrently with the renew of the Line of Credit. The Bank's obligation under this Commitment shall be subject to satisfaction of all of the conditions contained herein. The issuance of this Commitment shall not prejudice the Bank's rights of review and approval, including without limitation, of all documents and materials heretofore delivered to the Bank by or on behalf of the Obligors. 06/28/00 WED 08:43 [TX/RX NO 5006] Its: Its: 08/28/2000 08:28 1-248-541-5435 FOXALUMINUM ,PAGE 04 Mr. James Fox June 22, 2000 Page 5 This letter sets forth our entire commitment with Obligors and cannot be modified in any way, except by a future amendment in writing, signed by Obligors and the Bank. This commitment takes the place of any preliminary discussions and negotiations and supersedes any previous written agreements or understandings between the parties. This letter is for the sole benefit of Obligors. Prior to Acceptance, disclosure of the terms of this letter is not authorized except with the Bank's prior written consent. If the terms and conditions of this commitment offer are acceptable, please execute and return a duplicate copy of this commitment letter as indicated as soon as possible but no later than June 30, 2000, the "Acceptance Date". Upon acceptance on or before the Acceptance Date, this letter constitutes a valid and binding commitment until its Expiration Date of September 15, 2000. Sincerely; PEOPLES STATE BANK By; bpavid M. Borcherding Assistant Vice President The above terms and conditions are hereby acknowledged and accepted this , day of , 200(1 OBLIGOR: OBLIGOR: FOX ALUMINUM PRODUCTS, INC. JAMES FOX BUILDING COMPANY, L.L.C. By: By; GUARANTOR: GUARANTOR: James Fox Judith Fox k%PindkadncenillittnatItIOW•romdoe 06/28/00 WED 08:43 [TX/RX NO 50081 James Fox Exhibit C COMPANY CERTIFICATE REGARDING TRANSFER OF EMPLOYMENT (Fox Aluminum Products Inc. Project) The undersigned, Fox Aluminum Products 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. 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 Fox Aluminum Products 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. 4. As of the date hereof, the Project will 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 the City of Hazel Park, Michigan, the municipality in which the Project will be located. FOX ALUMINUM PRODUCTS INC., a Michigan corporation It.( President Dated: June 7, 2000 FOX ALUMINUM PRODUCTS INC., a Michigan corporation ftriids 1-ox Iti/ President Exhibit D COMPANY CERTIFICATE REGARDING PAYMENT OF PREVAILING WAGES (Fox Aluminum Products Inc. Project) The undersigned, Fox Aluminum Products Inc., a Michigan corporation (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 Fox Aluminum Products 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. 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. Dated: June 7, 2000 I HEREB)>roRT/ L Brooks Pattsusork dounty Executive E FOREGOING RESOIrUTION Date NMI Resolution #00181 July 20, 2000 Moved by Jensen supported by Gregory the resolutions on the Consent Agenda be adopted with accompanying reports being accepted. AYES: Appel, Buckley, Causey-Mitchell, Coleman, Dingeldey, Douglas, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Schmid, Sever, Suarez, Taub, Amos. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolutions on the Consent Agenda were adopted with accompanying reports accepted. 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 July 20, 2000 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 20A,h day/bf July, 2000. G. William Caddell, County Clerk