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HomeMy WebLinkAboutResolutions - 2001.03.21 - 26465March 8, 2001 MISCELLANEOUS RESOLUTION #01089 BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION APPROVING PROJECT PLAN (SCHAIN MOLD & ENGINEERING, INC. PROJECT) - CITY OF ROCHESTER HILLS 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 Rochester Hills, 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. AND BUILDING COMMITTEE Planning & Building Committee vote: Motion carried on unanimous roll call vote with Palmer absent THE ECONOMIC DEVELOPMENT CORPORATION OF THE COUNTY OF OAKLAND Oakland County, Michigan Schain Mold & Engineering, 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 Commitment Letter "C" - Company Certificate Regarding Transfer of Employment "D" - Company Certificate Regarding Payment of Prevailing Wages Other PROJECT PLAN SUMMARY DESCRIPTION OF SCHAIN MOLD & ENGINEERING, INC. PROJECT OWNER OF PROJECT: Schain Mold & Engineering, Inc., a Michigan corporation CONTACT PERSON: (Name, address, telephone number) Robert A. Prainto Vice President 32335 Howard Madison Heights, MI 48071 (248) 589-0880 LOCATION OF PROJECT: (Local municipality) City of Rochester Hills PROJECT AREA/DISTRICT AREA: See Exhibit A 2776 Commerce Drive Rochester Hills Michigan NATURE OF PROJECT: Acquisition of approximately 31,538 existing manufacturing facility, renovation and equipping of that facility. EMPLOYMENT CREATED OR RETAINED: Approximately 14 new jobs created and 63 jobs retained TOTAL PROJECT COST: Approximately $2,500,000 BONDS TO BE ISSUED: $3,000,000 maximum principal amount LETTER OF CREDIT ISSUER: Bank One By: Its: 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. SCHAIN MOLD & ENGINEERING, INC. Dated: iii 0 1 2 PROJECT PLAN STATUTORILY REQUIRED INFORMATION REGARDING SCHAIN MOLD & ENGINEERING, INC. PROJECT I. THE LOCATION AND EXTENT OF EXISTING STREETS AND OTHER PUBLIC FACILMES 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 project includes the acquisition of a 31,538 square foot industrial building that is located on 2.3 acres of land. The facility is located at 2776 Commerce Dr. Rochester Hills, Michigan. Legal description of Project Area attached as Exhibit A. IL 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: Alterations will be made to the offices and a tool room will be added to the interior of the building. New windows will be installed and walls will be repaired and painted. The building will also be painted on the inside and outside. LII. THE LOCATION, EXTENT, CHARACTER, AND ESTIMATED COST OF THE IMPROVEMENTS, INCLUDING REHABILITATION CONTEMPLATED FOR THE PROJECT AREA, AND AN ESTIMATE OF THE TIME REQUIRED FOR COMPLETION: The rehabilitation of the facility will take 100 to 125 days and will cost approximately $400,000. 3 IV. A DESCRIPTION OF THE CONSTRUCTION OR STAGES • OF CONSTRUCTION PLANNED, AND THE ESTIMATED TIME OF COMPLETION OF EACH STAGE: Begin construction March 2001 Complete construction June 2001 V. A DESCRIPTION OF THE PARTS OF THE PROJECT AREA TO .BE LEFT AS OPEN SPACE AND THE USE CONTEMPLATED FOR THE SPACE: No changes will be made to the existing green areas. 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: No changes are necessary. 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 will be financed with the proceeds of sale of the EDC's limited obligation revenue bonds. Copy of Letter of Credit commitment letter 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): See 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: Robert A Prainito 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 will be owned by Schain Mold & Engineering, Inc., which will operate the Project property. 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 5 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 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 LITIGAT.ION 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 PROJECT AREA LEGAL DESCRIPTION Lots 23 & 24 of "Northfield Industrial Park Subdivision" A subdivision of port of the S.W.1/4 of Section 28, T.3N., R.11E., City of Rochester Hills, Oakland County, Michigan as recorded in Liber 167 of Plats, Pages 28, 29 and 30, Oakland Cqunty Records more particularly described as follows: Beginning at the N.E. corner of said Lot 23; thence Due South, 250.00 ft. along the Easterly line of Commerce Drive ( 60 ft. Wide) anc the Easterly line of said Lots 23 and 24 to the southeast comer of sold Lot 24; thence S.8973124W., 400.00 ft. (Measured as S.8971'20W., 399.92 ft.) along the South line of said Lot 24 to the Southwest corner of said Lot 24; thence Due North, 250.00 ft. along the West line of said Lots 23 and 24 to the Northwest corner of said Lot 23; thence N.8923'24E., 400.00 ft. (Measured as N.8921'20"E., 399.92 ft.) along the North line of sold Lot 23 to the point of beginning. Exhibit B LETTER OF CREDIT COMMITMENT LETTER Michael 1. Marrinen Assistant Vice President Bank One, Michigan Fill 8923 2155 West Big Beaver Road Troy, Michigan 48084 tel 248 816 0236 fox 248 816 0254 •• BANK'ONE /WI February 9, 2001 Mary P. T,anghauser Supervisor Financial Services Oakland County, Michigan Development and Planning 1200 N. Telegraph Road Pontiac, MI 48341-0412 Dear Mary: Bank One has approved up to a $3,000,000 standby letter-of-credit ('S/L/C") to support the issuance of an Industrial Revenue Bond to benefit Schain Mold & Engineering Inc. and/or related borrowers. Issuance of the 5/L/C is contingent on the satisfactory receipt and review of an appraisal of the real property located at 2776 Commerce Drive, Rochester Hills, MI expected by February 23, 2001. Bank One will provide you with a copy of the commitment letter further detailing the terms of the transaction upon execution anticipated by the end of next week. SCHAIN MOLD & ENGINEERING, INC., a Michigan corporation By: Exhibit C COMPANY CERTIFICATE REGARDING TRANSFER OF EMPLOYMENT (Schain Mold & Engineering, Inc. Project) The undersigned, Schain Mold & Engineering, 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 Schain Mold & Engineering, 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 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 the City of Rochester Hills, Michigan, the municipality in which the Project will be located. 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. Viet- 3et-4 .0.14NA- Dated: Its: C-1 vi Exhibit D COMPANY CERTIFICATE REGARDING PAYMENT OF PREVAILING WAGES (Schain Mold & Engineering, Inc. Project) The undersigned, Schain Mold & Engineering, 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 Schain Mold & Engineering, 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. SCHAIN MOLD & ENGINEERING, INC. By: Its: Dated: GAE\EconDev \Oakland \BONIA.Schain\Project Plan.doc Resolution #01089 March 22, 2001 Moved by Palmer supported by Webster the resolution be adopted. AYES: Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Crawford. (23) NAYS: None (0) A sufficient majority having voted therefor, the resolution was adopted. 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 March 22, 2001 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 22;td daydoof March, 2001. William Caddell, County Clerk