HomeMy WebLinkAboutResolutions - 2006.11.30 - 28277November 30, 2006
MISCELLANEOUS RESOLUTION #06219
BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
APPROVING PROJECT PLAN (OPENINGS PROJECT) - CITY OF PONTIAC
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, that the Project Plan satisfies all of the
requirements of the Act regarding project plans and that a letter of credit
issued by a financial institution acceptable to the EDC will be available to
pay debt service; and
WHEREAS the governing body of the City of Pontiac, 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, hereby certifies, approves and concurs in the
determinations of the EDC with respect thereto;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby determines that the Project Plan constitutes a public
purpose as contemplated by the Act; and
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
hereby certifies and approves the Project Plan; 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
Planning & Building Committee Vote:
Motion carried unanimously on a roll call vote with Gershenson and Woodward
absent
•IviLvtAlv ran
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THE ECONOMIC DEVELOPMENT CORPORATION
OF THE COUNTY OF OAKLAND
Oakland County, Michigan
Openings Project
PROJECT PLAN
CONTENTS
1. SinnTrtAry 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
- Letter of Credit or Bond Purchaser's Commitment Letter
"C" - Company Certificate Regarding Transfer of Employment
- Company Certificate Regarding Payment of Prevailing Wages
Other
V.M.11.1.P4Vb lel 002/ 092
PROJECT PLAN
SUMMARY DESCRIPTION OF
OPENINGS PROJECT
OWNER OF PROJECT:
Openings
CONTACT PERSON: (Name, address, telephone number)
Patricia Yulkowski
40 West Howard Street
Pontiac, MI 48342
248-335-7380
LOCATION OF PROJECT: (Local municipality)
City of Pontiac
PROJECT AREA/DISTRICT AREA: See Exhibit A
NATURE OF PROJECT:
Building addition and new manufacturing equipment
EMPLOYMENT CREATED OR RETAINED:
Retained: 50
New (2years): 25
TOTAL PROJECT COST: $2,750,000
BONDS TO BE ISSUED: $2,500,000
LETTER OF CREDIT ISSUER OR BOND PURCHASER: LaSalle Bank
DATE AND EXPIRAIION DATE OF LETTER OF CREDIT OR BOND PURCHASE
COMMITMENT: 10/16/2006
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.
By: Patricia Yulowski
Its: General Manager
Dated:10/16/2006
2
V& L1,1.11 ,110 It ILI
PROJECT PLAN
STATUTORILY REQUIRED INFORMATION REGARDING
OPENINGS PROJECT
I. THE LOCATION AND EXTENT OF EXISTING STREETS ANT) OTHER
PUBLIC FACILIt itS 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 and plan are 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:
The land is currently an abandoned railroad right of way. There are no improvements on site that
will need to be demolished.
al. THE LOCATION, EXIIiNT, CHARACTER, AND ESTIMATED COST OF
THE IMPROVEMENTS, INCLUDING REHABILITATION CONTEMPLATED FOR THE
PROJECT AREA, AND AN ESTIMATE OF THE TIME REQUIRED FOR COMPLETION:
The site work and construction of the addition will require approximately 10 Months. The costs
are estimate to be 51,400,000. Please refer to the attached site plan for details.
IV. A DESCRIPTION OF THE CONSTRUCTION OR STAGES OF
CONSTRUCTION PLANNED, AND THE ESTIMATED TIME OF COMPLETION OF EACH
STAGE:
Estimated length of construction is 10 Months (There will be an overlap of some of the items
listed below)
30 Days
60 Days
21 Days
30 Days
45 Days
90 Days
30 Days
Site work & Excavation
Foundation
Pouring of the floor
Erection of the pre-fab steel structure and roof
Masonry
Rough Electrical, Plumbing & HVAC
Finish
3
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V. A DESCRIPTION OF THE PARTS OF THE PROJECT AREA TO BE LEFT
AS OPEN SPACE AND THE USE CONTEMPLATED FOR THE SPACE:
Those areas left as open space are defined by the setbacks allowed, which will be landscaped.
VI. A DESCRIPTION OF PORTIONS OF THE PROJECT AREA WHICH THE
ECONOMIC DEVELOPMENT CORPORATION OR THE COMPANY DESERES 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:
There will be no changes in utilities. However we are asking for a zoning change to allow for
parking on an adjacent parcel of property, a variance for the front and side setback as well as a
curb cut on the South side of the building.
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 proposed method of financing is through a bond underwritten by LaSalle Bank.
Copy of Letter of Credit or bond purchaser's commitment letter attached as Exhibit B.
4
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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:
Patricia Yulkowski
Brian Murphey
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:
Property is owned by Openings, it will not be leased, sold or conveyed. This project is
for the benefit of Openings.
ELL 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:
Property is owned by Openings, it will not be leased, sold or conveyed. This project is
for the benefit of Openings.
5
1E10410
XII 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
COMMUNITY, AND THE ESTIMATED CAPACITY OF PRIVATE AND PUBLIC
HOUSING AVAILABLE TO DISPLACED FAMILIES AND INDIVIDUALS:
None
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
6
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
7
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L. Brooks Patterson
Oakland County Executive
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Disclaimer: The information provided herewith has been compiled from recorded deeds.
plats, tax maps. surveys and other public records. It is not a legally recorded map or
survey and is not intended to be used as one. Users should consult the information
sources mentioned above when questions arise.
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Page 1 oil I
GENERAL INFORMATION
Site Address
32 W HOWARD PONTIAC,MI 48342-0
Postal Address>
40 W HOWARD PONTIAC,MI,48342-0
Parcel ID
1429204013
Owners
OPENINGS
Municipality
CITY OF PONTIAC
ASSESSMENT INFORMATION
Assessed Value
2808710
Taxable Value
58020
Use
INDUSTRIAL IMPROVED
School District
PONTIAC CITY SCHOOLS
Neighborhood Code
INL
Date Added
Property Description
T3N, R10E, SEC 29 STOCKWELL & TREGENT'S ADD LOTS 410 12 INCL & W 108 FT OF LOT
13, ALSO LOTS 18, 19 & 20 EXC BEG AT NE COR OF LOT 18, TH SLY ALG ELY LOT LINE TO
SE COR OF LOT 18, TH ELY 6.40 FT ALG SLY LINE OF LOT 18, TH S 00-33-24 E 327.13 FT TO
SE COR OF LOT 4, TH WLY 51.5 FT ALG SLY LINE OF LOTS 4 & 5, TH N 00-33-24W 150 FT,
TH S 89-25-36 W 35.9 FT, TH N 00-33-24 W 332.38 FT TO NLY LINE OF LOT 19, TH ELY 81 FT
ALG NLY LINE OF LOTS 18 & 19 TO BEG BLK 1
file://D:\oalunap\Layouts9\test.html 10/16/2006
MI 48342
CVT CODE; 64
SIDWELL NO: 14 29 208 002
OWNER(S)
OPENINGS
PROPERTY ADDRESS
MAILING ADDRESS
40 W HOWARD ST
PONTIAC
MID: 10/11/06 FR 001
PROPERTY DESCRIPTION:
01 T3N, R10E, SEC 29
02 PART OF NE 1/4
03 E 50 FT OF
04 ABAND GTW R R ROW
05 LYING SLY OF S LI OF
06 TREGENT ST &
07 LYING NLY OF N LI OF
08 HOWARD ST, ALSO
09 ABAND GTW R R ROW
10 LYING SLY OF N LI OF
11 HOWARD ST &
12 LYING NELY OF NELY LI OF
13 CESAR E CHAVEZ AVE EXC
14 ALL THAT PART LYING
15 SLY OF LINE
16 DESC AS
17 BEG AT PT DIST
18 N 00-00-19 E 289.59 FT &
Date: 10/12/2006 Time: 3:29:33 PM
90/Z0 39Vd Z6608988VZ 60:E3 900Z/EZ/80
Page: 1 Document .Name:' untitled
CRD490 CITY OF PONTIAC 10/12/06
LAND FILE DISPLAY SCREEN 15:30:41
REC DISPLAYED AS REQUESTED - "PA1" KEY FOR MORE DESC LINES
Date: 10/12/2006 Time: 3:29:36 PM
GO/E0 39tld 7,6608;881;Z 60:E2 900Z/CZ/
Page: 1 Document Name Untitled
CRD490 CITY OP PONTIAC 10/12/06
LAND FILE DISPLAY SCREEN 15:30:44
CVT CODE: 64
BIDWELL NO: 14 29 208 002 PROPERTY DESCRIPTION:
19 S 67-32-14 E 428.51 FT
OWNER(S) 20 TO POINT ON WLY LINE OF
OPENINGS 21 GTW R R R/W
22 FROM NE COR OF OAKLAND AVE &
23 BALDWIN AVE (ALSO BEING
PROPERTY ADDRESS 24 SWLY COP. OF LOT 37 OF
25 SANDERSON AND JOHNSTON'S
26 ADDITION)
27 TH NELY TO NW COR OF
MAILING ADDRESS 28 TAX ID NO 64 14-29-206-010
40 W HOWARD ST 29 10-09-06 FR 001
PONTIAC MI 48342
ADD: 10/11/06 FR 001
LAND RECORD DISPLAYED AS REQUESTED
Page 1 ot
GENERAL INFORMATION
Site Address
50 W HOWARD PONTIAC,MI 48342-0
Postal Address>
40 W HOWARD PONTIAC,MI,48342-0
Parcel ID
1429502028
Owners
OPENINGS
Municipality
CITY OF PONTIAC
ASSESSMENT INFORMATION
Assessed Value
21610
Taxable Value
21610
Use
INDUSTRIAL VACANT
School District
PONTIAC CITY SCHOOLS
Neighborhood Code
IVL
Date Added
7/19/2002
Property Description
T3N, RI OE, SEC 20 & 29 GTW R R ROW LYING SLY OF S LI OF TREGENT ST & LYING NLY
OF N LI OF HOWARD ST EXC E 50 FT THEREOF 0.50 A6-18-02 FR 502-015
file://D:\oalunap\Layouts9\test.html 10/16/2006
ID, LULA J:i 6VIVI
II LaSalle Bank
ABN AMR()
.'JU:61)i P, 2
LaBelle Bank MidWeat N.A.
20000 Victor Parkway, Suite 150
Livonia, Michigan 48152
(734) 437-5967
Fax; (734) 437-5985
jeffrey.hendryeabnamro.corn
Jaffrey Hendry
Vice Preekient
Commercial Banking
October 16, 2006
Economic Development Corporation of the County of Oakland
Re: 52,500,000-00 Oakland County Michigan (Preliminary)
Variable Rate Tax-Exempt Industrial Revenue Bonds
Openings, Inc. AKA Total Door project
Dear Sir or Madam:
Openings, Inc., (Openings) is a valued customer of LaSalle Bank Midwest, N.A. Openings
currently has a six figure line of credit with LaSalle Bank in addition to treasury management
accounts. All of the loans and depository accounts that Openings has with LaSalle Bank have
been handled as agreed.
Subject to final credit approval, negotiation of mutually beneficial terms and conditions, and
acceptable legal documentation, LaSalle Bank, Midwest, NA. is prepared to issue a 52.5 million
letter of credit on Opening's behalf for the purpose of supporting the issuance of the above
mentioned Industrial Revenue Bonds. It is anticipated that the letter of credit will be secured by
a first mortgage on the existing property as well as the property to be constructed.
LaSalle Bank Midwest, N.A. is a commercial bank offering a wide range of banking and trust
services to its customers in the Detroit metropolitan area, throughout the United States and
around the world. LaSalle Bank Midwest, N.A. is a wholly owned subsidiary of ABN AMR()
North America which is a member of the ABN AlvIRO Group with headquarters in the
Netherlands and total worldwide assets in excess of $500 billion.
We look forward to working with the Economic Development Corporation of the County of
Oakland and Openings on this financing. If you have any questions, please feel free to contact
me at 734-437-5967.
Sincerely,
911A1191"6V/?4
Jeffrey S. Hendry
Vice President
Commercial Lending
•••••n •./to A.S. • V V • a••n•4 I .L1, SAW
Exhibit C
COMPANY CERTIFICATE REGARDING
TRANSFER OF EMPLOYMENT
(Openings Project)
The undersigned, Openings, a Michigan Limited Partnership (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 Openings 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 Pontiac, Michigan, the municipality in which the Project will be located.
5. 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.
Openings, a
Michigan Limited Partners
Its: General Manager
Dated: 0/16/2006
OrbrCllitib 40116 ivfio/vo IL:op rAA
Exhibit D
COMPANY CERTIFICATE REGARDING
PAYMENT OF PREVAILING WAGES
(Openings Project)
The undersigned, Openings, a Michigan Limited Partnership (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 Openings 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, asiamended.
By: Patricia Yulkowski
Its; General Manager
Dated: 10/16/2006
BH 561467v1
Resolution #06219 November 30, 2006
Moved by Suarez supported by Molnar the resolutions (with fiscal notes attached) on the Consent Agenda,
be adopted (with accompanying reports being accepted).
AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jacobsen, Jamian, KowaII,
Long, Middleton, Molnar, Moss, Nash, Palmer, Potter, Rogers, Scott, Suarez, Wilson, Woodward,
Zack, Bullard. (23)
NAYS: None. (0)
A sufficient majority having voting in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda, were adopted (with accompanying reports being accepted).
I IRBY APPROVE THE VitglIE
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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
November 30, 2006, 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 30th day of November, 2006.
Riith Johnson, County Clerk