January 2004

Dear Brownfield Redevelopers.

Greetings.  Thank you for your interest in the Oakland Brownfield Initiative Redevelopment program.  As you may already know, there are redevelopment tools that the county may be able to use to assist your project, particularly assessment funds available through a federal EPA Pilot Demonstration Grant and State of Michigan incentives through the Oakland County Brownfield Redevelopment Authority.

Certain conditions will need to be met to enable the county to provide this assistance consistent with our grant agreement with the EPA, state statute, and good management practice.  While the very nature of development in general and Brownfields redevelopment in particular has many unknowns, the first step is developing and creating an understanding about the proposed development outcome, timeline, viability and commitment to the project by the principals.  Please provide the following , for preliminary review (see sample):

A letter on company letterhead which includes:

• Specific redevelopment site (preferably with parcel map).
• Project description.
• Brief description of environmental concerns.
• Proposed redevelopment outcome.

Statement of financial commitment.

The next step would be a meeting or meetings wherein specific project elements could be discussed and an assistance package developed. Assuming we can address these issues, I will convene a meeting of the EPA Region 5 representative and the other stakeholders at the earliest possible time so that we may facilitate this project.

Significant issues, which should be considered, include:

• Determining if there is a viable liable party, to ensure that there is no windfall from our involvement. (Please note that while we can take steps to protect the redevelopment from liability, previous owners may retain liability or be subject to recovery action in the event of a significant EPA removal action.)
  
• Developers must have clear title, a purchase agreement or other legal means to provide access to and control of the subject property to allow for assessment activities and to assure project development.
  
• The county's established practice is to require repayment of assessment funds expended if project development is halted for reasons other than new circumstances revealed by the environmental assessment activities. 
  
•  If the proposed development is anticipated to require tax credits or capture through the BRA, we would need assurances that such activity is not contrary to stated local municipal policy or receive positive affirmation that the local unit will support appropriate tax leveraged financing strategies.

I'm available to address any questions you may have regarding the county's program, state and federal opportunities, statutes and the like and would be willing to assist you in addressing any of the above requirements as seems best.  I can be reached at (248) 858-1352.   Once again, thanks for your willingness to accept the challenges and unleash the hidden opportunities in Brownfield redevelopment.

Respectfully yours,

Bradley J. Hansen, Program Coordinator
Oakland Brownfield Initiative