HomeMy WebLinkAboutResolutions - 2007.12.13 - 28393MISCELLANEOUS RESOLUTION 107283 December 13, 2007
BY: PLANNING AND BUILDING COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION - RESOLUTION
APPROVING PROJECT PLAN (OPENINGS PROJECT) - CHARTER TOWNSHIP OF WATERFORD
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 Charter Township of Waterford, 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 17 RESOLVED that the Oakland County Board of
Commissioners hereby determines that the Project Plan constitutes a public
purpose as contemplated by the Act.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
hereby certifies and approves the Project Plan.
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.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to
provide four certified copies of thls 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 on a roll call vote with Potts abstaining and Gingell absent.
11/19/07 16:52 FAX OPENINGS Q002/014
THE ECONOMIC DEVELOPMENT CORPORATION
OF THE COUNTY OF OAKLAND
Oakland County, Michigan
Openings 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
- Company Certificate Regarding Payment of Prevailing Wages
Other
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PROJECT PLAN
SUMMARY DESCRIPTION OF
OPENINGS PROJECT
OWNER OF PROJECT: Openings
CONTACT PERSON: Patricia Yulkowski
40 West Howard Street
Pontiac, MI 48342
248-335-7380
LOCATION OF PROJECT: Waterford Twp
PROJECT AREA/DISTRICT AREA: See Exhibit A
NATURE OF PROJECT:
Renovating an existing building as well as purchasing new manufacturing
equipment.
EMPLOYMENT CREATED OR RETAINED:
Retained: 50
TOTAL PROJECT COST: $3,300,000
BONDS TO BE ISSUED: $3 ,3 00,000
LETTER OF CREDIT ISSUER OR BOND PURCHASER:
Lasalle Bank
11/19/07 16:52 FAX OPENINGS Q004/014
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 Acts, 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 Yulkowski
Its: CEO
Dated: 11/19/2007
2
THE CONSTRUCTION OR STAGES OF
ESTIMATED TIME OF COMPLETION OF EACH
30 days
11/19/07 16:52 FAX OPENINGS a005/014
PROJECT PLAN
STATUTORILY REQUIRED INFORMATION REGARDING
OPENINGS 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.
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 building is existing, and requires renovation. Construction to be completed in a 6.5
month window after closing.
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:
Building purchase price : $1,250,000
Renovation costs: $500,000
IV. A DESCRIPTION OF
CONSTRUCTION PLANNED, AND THE
STAGE: 30 days
Roof repairs:
Demolition of interior
Floor Repairs
Office build out
Construction of new line
45 days
120 days
3
11/19/07 16:53 FAX OPENINGS 0006/014
V. A DESCRIPTION OF TIffi PARTS OF THE PROJECT AREA TO BE LEFT
AS OPEN SPACE AND THE USE CONTEMPLATED FOR THE SPACE:
Project will not to change 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:
We may ask for a zoning change to extend the Offices by 12 feet.
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:
Copy of Letter of Credit or 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 D
4
11/19/07 16:53 FAX OPENINGS 10007/014
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
Tony Belissario
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 to be conveyed to Openings
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 11\1 THE PROJECT
AREA AND THE NUMBER OF FAMILIES AND INDIVIDUALS TO 13E 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, 'ME 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
5
11/19/07 16:53 FAX OPENINGS liD008/014
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 wrm THE STANDARDS AND PROVISIONS
OF THE FEDERAL UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY
ACQUISITION POLICIES ACT 01' 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, WFIICII PERTAINS TO PROVIDING FINANCIAL ASSISTANCE,
ADVISORY SERVICES AND REIMBURSEMENT OF CERTAIN EXPENSES TO
DISPLACED PERSONS:
Not Applicable
6
11/19/07 16:53 FAX OPENINGS 0 0 9 / 0 1 4
XVII. OTHER MATERIAL AS THE ECONOMIC DEVELOPMENT
CORPORATION, LOCAL PUBLIC AGENCY, OR GOVERNING BODY CONSIDERS
PERTINENT:
Not Applicable
7
11/19/07 16:54 FAX OPENINGS Z010/014
Exhibit A
PROJECT AREA LEGAL DESCRIPTION
Page 1 of 1
GENERAL INFORMATION
Site Address
6145 DELFIELD INDUSTRIAL WA1 ERFORD.MI 48329-
Postal Address>
535 GRISWOLD, STE 2600 DETROIT.M1.48226-
Parcel ID
1305427044
Owners
DAVID ALLARD CHAPTER 7 TRUSTEE
Municipality
CHARTER TOWNSHIP OF WATERFORD
ASSESSMENT INFORMATION
Assessed Value
1320980
Taxable Value
738210
Use
INDUSTRIAL IMPROVED
School District
WATERFORD TWP SCHLS
Neighborhood Code
IND
Date Added
9/8/2006
Property Description
T3N, R9E, SEC 5 PART OF SE 1/4 BEG AT PT DIST N 00-10-05 E 1344.73 FT & N 89-51-20 W
334.03 FT & N 54-34-20 W 549.10 FT FROM SE SEC COR. TH N 54-34-20 W 929.90 FT, TH N 35-
25-40 E 290.02 FT, TH S 54-34-20 E 929.90 FT, TH S 35-25-40 W 290.02 FT TO BEG 6.19 A 9-07-
06 FR 040
file ://D: \ oakmap\Layouts9 11/26/2007
11/19/07 16:54 FAX HAMM (.111/014
6145 Delfield Rd
Waterford, Mc 48329
11/19/07 16:57 FAX OPENINGS qt012/014
Exhibit B
LEITER OF CREDIT OR
BOND PURCHASER'S COMMITMENT LETTER
IF LaSalle Bank
ABN AMRO
LaSalle Bank Midwest N A
20000 Victor Parkway, Suite 150
Livonia, Michigan 48152
(734) 437-5967
Fax: (734) 437-5985
jeffrey hendry@abnamro com
Jeffrey Hendry
Vice President
November 20, 2007 Commercial Banking
incerely,
frey ST-Hendry
First Vice President
Commercial Lending
LaSalle Bank Midwest, N.A.
Mr. Leon Yulkowski
Ms.Patricia Yulkowski
Openings, Inc.
40 West Howard
Pontiac, MI 48342-1280
Dear Leon and Patricia:
LaSalle Bank Midwest, N.A. is pleased to inform you of the approval and commitment of
a $3.3 Million Stand By Letter of Credit to back a Bond for the purchase and renovation
of a building at 6145 Delfield Drive in Waterford, MI, along with the purchase of
manufacturing equipment.
The Bank is working towards a mid-December closing date. You may be contacted by
the appraisal company or our environmental review department with any questions on the
property.
Please do not hesitate to call me with any questions you may have as we work towards
your closing.
Cc: Mary Langhauser, Oakland County
Robert Schwartz, Butzel Long, P.C.
11/19/07 1657 FAX OPENINGS . Z013/014
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:
I , 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 have the effect of transferring employment
of more than 20 full-time persons from a Pontiac (as that term is defined in the Act) of this State
to Waterford, Michigan, the municipality in which the Project will be located, but consent to
triinsfefhas,bein obtained from the City of Pontiac.
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&Michimn Litnifed Pipnership
By: Patricia Yulkowski
Its: CEO
Dated: 11/19/2007
C-1
11/19/07 1E1:57 FAX OPENINGS Q014/014
Exhibit D
COMPANY CERTIFICATE REGARDING
PAYMENT OF PREVAILING WAGES
(OpeningsProject)
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 OpeningsProject (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 amAded
By: Patricia Yulkowski
Its: CEO
Dated: 11/19/2007
BH 561467v1
/ 2-11 lo-)
Resolution #07283 December 13, 2007
Moved by KowaII supported by Middleton the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted.
AYES: Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel,
Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector,
Woodward, Zack, Bullard. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted.
'ION*
I HEREBY APPROVE THE FOREGOING RESOLUTION
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 December 13,
2007, 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 13th day of December, 2007.
Rut-le:Johns*. County Clerk