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CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 8, 2007
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
• INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Recommendations for the Various Boards and Committees. CITY CLERK
C. Approval of the Use and Maintenance of City-Owned Property at 1232
Pine Street for a Garden by David O'Neal. PLANNING & ECONOMIC
DEVELOPMENT
D. Nine Month Extension to Construct a Single-Family Home at 318
Meeking Street. PLANNING & ECONOMIC DEVELOPMENT
E. Agreement for Engineering Services. ENGINEERING
F. Altitude and Relief Valve Rebuilding. WATER FILTRATION
G. Agreement with Harbor Unitarian Universalist Congregation. ASSIST ANT
CITY MANAGER
H. Assistant to Firefighters Grant Proposal. DEPUTY DIRECTOR OF PUBLIC
SAFETY
• PUBLIC HEARINGS:
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
• NEW BUSINESS:
A. Highway Easement for Shoreline Drive. CITY MANAGER
B. Matching Grant Application Funding. DEPARTMENT OF PUBLIC WORKS
C. METRO Act Request from NextG Telephone Company. ASSISTANT CITY
MANAGER
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• Reminder: Individuals who would fike to address the City Commission shall do the following:
• Fill out a request to speak form a11ached to lhe agenda or located in the back of the room.
• Submit the form to the City Clerk.
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
• ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSl
Name: Ann Marie Becker, MMC
Title: Clerk
Date:--~_,.__\ _ _ _, 2007
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LICENSEE - Harbor Unitarian Universalist
Name: And mk 1
Title: President/
pb\Unitar Univers Church Fann Mkt Concession Agrmnt 050 I07
CITY COMMISSION MEETING
Tuesday, May 8, 2007
TO: Honorable Mayor and City Commissioners
FROM: Mark Kincaid
Deputy Director of Public Safety
DATE: May 3, 2007
SUBJECT: Request to Provide Matching Funds for Assistance to Firefighters Grant
SUMMARY OF REQUEST:
Fire Department staff is requesting approval by the Commission to spend up to $8000 as
the ten percent matching funds for a federal Assistance to Firefighters Grant. This grant,
if approved, will be used to upgrade the Department's ice rescue capability by replacing
an aging hovercraft with an airboat.
FINANCIAL IMPACT:
Funds for the matching portion of the grant would come from the Fire Equipment
Improvement Fund. To date the Muskegon Fire Department has received approximately
$350,000 of firefighting, rescue, and safety equipment from the Assistance to Firefighters
Grant Program for an investment of$35,000.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATIONS:
Approval
AGENDA ITEM NO. _ _ _ _ _ _ __
CITY COMMISSION MEETING _ _ _ _ _ _ _ _ __
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: April 30, 20007
RE: Highway Easement for Shoreline Drive
SUMMARY OF REQUEST:
To approve the Highway Easement for Shoreline Drive with Michigan Department of
Transportation (MOOT). This easement is necessary to facilitate a jurisdictional transfer
of Muskegon/Webster and Shoreline Drive.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the conveyance of the Highway Easement and authorize the Mayor sign the
easement.
COMMITTEE RECOMMENDATION:
HIGHWAY EASEMENT
TO THE MICHIGAN DEPARTMENT OF TRANSPORTATION
This information required by P.A. 286 of 1964
MDOT 0638 {12/02
The Grantors City of Muskegon, a Michigan municipal corporation
whose address is: 933 Terrace Muskegon, Michigan 49445
for the sum of Zero dollars (donation)
conveys to the Michigan Department of Transportation, whose address is Lansing, Michigan, an easement for highway
purposes in, over, and upon the real estate located in the City of Muskegon, County of Muskegon, State of Michigan,
described as:
-SEE ATTACHED LEGAL DESCRIPTIONS-
Subject to the following: This conveyance includes the consent of the grantors to the removal at any time of such tress, shrubs and
vegetation as, in the judgment of the Michigan Department of Transportation, is necessary to the construction and maintenance of
the highway. Notice to the grantors of the removal by the Michigan Department ofTransp011ation of such trees, shrubs, and
vegetation is not required. The grantors agree that no tress, shrubs or vegetation shall be cut or removed from the highway right of
way easement by the grantors, their heirs, successors and assigns, without the written permission of the Michigan Department of
Transportation. The grantors agree for themselves, their heirs, successors and assigns, that no billboard, or advertising device,
shall be erected, permitted or maintained on the right of way as described.
PROPERTY TAX CODE NUMBER: multinle tax numbers, reflectine rieht ofwav accuisition by the Citv of Muskeeon
CONTROL SECTION: PARCEL: NAME:
61151 City of Muskegon
JOB NUMBER: FED ITEM NUMBER: FEDERAL PROJECT NUMBER:
59527C NIA NIA
Signed this -~g~t_h
_ _ _ _ _ day of _ _
M_a~y~--~' 2007
For the City of Muskegon:
Granto,. ephen J. Warm· n Mayor
~~~-6~'0\,;\ rJ? '- v~ \
Ann Marie Becker, City
Grantor: Clerk
Witness t,'nda ,1tl't'r
CORPORATE ACKNOWLEDGMENT
STATE OF MICHIGAN
County of: Muskegon
The foregoing instrument was acknowledged before me this --~/~'/_7'._'h____ Day of ;p/'i:J'< ,2007,
by Stephen J. Warmington and _ _ _A_n_n__M=a"'r"'i~e=-----=B~e"'c~k~e~r~-----
Name of Officer Name of Officer
the_ _ _M_a~y_o_r_ _ _ _ _ _ _ _ _ _ _ _ _ and _ _C=i~t_,y_C=l-=e~r-'-k,_________ respectively
Title of officer Title of officer
Of __C_i_t~y_o_f__~M~u~s~k~e~g=o~n=-----_______ a 1 oc a 1 gave rnmen t on behalf of the
Name of Corporation/partnership/entity Type of entity
Corporation/partnership/entity.
_M_u_s_k_e=g_o_n_ _ _ _ , Michigan f- o?S"- d0/,2
NOTARY PUBLIC COUNTY COMMISSION EXPIRES
DRAFTED BY: Peter Loftis
When recorded return to:
Michigan Department of Transportation
1420 Front Avenue NW
Grand Rapids, Ml 49504
An easement for highway purposes located in the Revised Plat of 1903 of the City of Muskegon (recorded
in Liber 3 of Plats, Page 71), being in Sections 19, 20 and 30, Town 10 North, Range 16 West, City of
Muskegon, Muskegon County, State of Michigan, described as follows:
Commencing at the Southwest corner of Section 30, Town 10 North, Range 16 West; thence South 88° 05'
48" East 827.55 feet along the South line of said Section; thence North 02° 17' 47" East 2509.76 feet along
the construction centerline of U.S. 31-BR (Seaway Drive) to a point on the South line of Block 343 and
POINT OF BEGINNING;
thence North 87° 58' 39" West 164.49 feet along the South line of Block 343;
thence North 02° 02' 53" East 28.00 feet along the West line of land described and recorded in Liber 1668,
Page 86;
thence North 50° 00' 00" West 26.00 feet;
thence North 13° 12' 38" West 145.93 feet;
thence North 51' 43' 44" East 14.00 feet along the Southeasterly line of Lot 8, Block 343;
thence North 38' 02' 28" West 39.00 feet along the Southwesterly line of land described and recorded in
Liber 1808, Page 212;
thence North 17° 47' 27" West 656.31 feet;
thence North 51 ° 39' 37" East 38.15 feet along the Northwesterly line of Block 320;
thence North 17' 47' 27" West 51.01 feet along a line located 34.00 feet Southwesterly of and parallel with
the survey centerline of Southbound Shoreline Drive, to the point of curvature of a 658.98 foot radius curve
to the rig ht;
thence Northerly along the arc of said curve a distance of 167. 78 feet (chord bearing North 10° 29' 48"
West, chord distance 167.32 feet) to the point of tangency of said curve, the arc of said curve being 34.00
feet Westerly of and parallel with the survey centerline of Southbound Shoreline Drive;
thence North 03° 12' 09" West 73.40 feet;
thence North 41' 39' 11" West 32.98 feet to the Southeasterly line of lands described and recorded in Liber
2014, Page 13;
thence Northeasterly along the Southeasterly line of said lands described and recorded in Liber 2014, Page
13 for the following 6 courses:
1) thence Northeasterly along the arc of a 997.91 foot radius curve to the right a distance of 356.47 feet
(chord bearing North 26' 27' 20" East, chord distance 354.57 feet) to the point of tangency of said curve;
2) thence North 36° 41' 20" East 1881.50 feet to the point of curvature of a 2064.81 foot radius curve to the
left;
3) thence Northeasterly along the arc of said curve a distance of 489.72 feet (chord bearing North 29° 53'
39" East, chord distance 488.58 feet) to the point of tangency of said curve;
4) thence North 23' 05' 59" East 142.33 feet to the point of curvature of a 3281.02 foot radius curve to the
right;
5) thence Northeasterly along the arc of said curve a distance of 299.54 feet (chord bearing North 25° 42'
54" East, chord distance 299.44 feet) to the point of tangency of said curve;
6) thence North 28° 19' 50" East 786.85 feet to a point located North 61 ° 13' 1O" West, 1553.43 feet along
the Northerly line of Terrace Street and the extension thereof and South 28° 19' 50" West 467.88 feet from
the most Southerly corner of Block 556;
thence South 61° 41' 12" East 0.14 feet;
thence North 28° 18' 48" East 94.81 feet to the point of curvature of a 741. 94 foot radius curve to the right;
thence Northeasterly and Easterly along the arc of said curve a distance of 854.05 feet (chord bearing North
61 ° 17' 23" East, chord distance 807.67 feet) to the point of tangency of said curve;
thence South 85° 44' 02" East 1271.26 feet to the point of curvature of 1296.90 foot radius curve to the left;
thence Easterly along the arc of said curve a distance of 253.36 feet (chord bearing North 88° 40' 1O" East,
chord distance 252.96 feet);
thence South 06° 55' 37" East 9.62 feet;
thence South 28° 55' 00" West 10.60 feet;
thence South 39°55' 00" East 11.80 feet;
thence South 85° 53' 00" East 227.28 feet;
thence South 72° 28' 00" East 37.40 feet;
thence South 88° 34' 00" East 60.00 feet;
thence North 88° 11' 25" East 202.97 feet to the Southwest corner of Lot 10, Block 170;
thence South 88° 14' 33" East 181.71 feet along the South line of Block 170 to the point of curvature of a
669.24 foot radius curve to the left;
thence Easterly and Northeasterly along the arc of said curve a distance of 447.14 feet (chord bearing North
56° 23' 46" East, chord distance 438.87 feet) and being along the Northwesterly line of the land described
and recorded in Liber 3228, Page 334 and along the Southeasterly line of the land described and recorded
in Liber 3727, Page 378;
thence South 64° 02' 24" East 25.46 feet along the Northeasterly line of Lot 5, Block 169, to a point on the
existing Westerly right of way line of Highway U.S. 31-BR (Seaway Drive);
thence South 25° 57' 40" West 257.62 feet along the Westerly right of way line of U.S.31-BR (Seaway
Drive), said line located 50.00 feet Westerly of and parallel with the construction centerline of Southbound
U.S. 31-BR (Seaway Drive);
thence South 33° 28' 26" West 76.48 feet;
thence South 25° 57' 40" West 170.55 feet along the Westerly right of way line of U.S. 31-BR (Seaway
Drive), said line located 60.00 feet Westerly of and parallel with the construction centerline of Southbound
U.S. 31-BR (Seaway Drive);
thence South 58° 44' 32" West 73.99 feet along the Northwesterly line of Block 179;
thence North 77' 53' 58" West 48 06 feet to intersection of centerline of vacated Clay Avenue with Easterly
line of Ottawa Street extended, and being along the South line of the land described and recorded in Liber
2086, Page 812;
thence North 25' 55' 33" East 3.00 feet along the Easterly line of Ottawa Street, extended;
thence North 68° 24' 24" West 66.18 feet;
thence South 25' 55' 33" West 21.00 feet along the Easterly line of Block 172;
thence North 30' 59' 39" West 37.00 feet along the Southwesterly line of Block 172;
thence North 77' 58' 09" West 90.27 feet;
thence South 30' 59' 39" East 22.00 feet along the Northeasterly line of Block 173;
thence North 85' 42' 57" West 329.92 feet along the North line of the land described and recorded in Liber
3014, Page 084;
thence North 00° 31' 20" West 27.82 feet along a boundary line of the land described and recorded in Liber
3014, Page 084;
thence North 85' 42' 57" West 112.54 feet;
thence South 58' 23' 08" West 46.25 feet along the Southeasterly line of Block 554;
thence North 30' 47' 16" West 37.15 feet along the Southwesterly line of the land described and recorded in
Liber 2111, Page 269;
thence North 85' 42' 57" West 181.35 feet along the Northerly line of the land described and recorded in
Liber 2316, Page 495, and along the Southerly line of the land described and recorded in Liber 2316, Page
493, to a boundary corner described and recorded in said Liber 2316, Page 493;
thence South 71 ° 58' 50" West 79.93 feet;
thence North 40' 42' 58" West 41.1 O feet along the Easterly line of land described and recorded in Liber
3706, Page 484;
thence North 85' 42' 57" West 1010.87 feet along the North line of land described and recorded in Liber
3706, Page 484;
thence South 82' 05' 31" West 122.80 feet;
thence North 42' 00' 1O" West 37.53 feet along the Easterly line of land described and recorded in Uber
3492, Page 546;
thence North 85' 42' 57" West 147.27 feet along the North line of said land recorded in Uber 3492, Page
546, to the point of curvature of a 707.99 foot radius curve to the left;
thence Westerly and Southwesterly along the arc of said curve a distance of 495.61 feet (chord bearing
South 74' 13' 48" West, chord distance 485.55 feet), along the Northerly and Northwesterly line of said land
recorded in Uber 3492, Page 546, and the continuation thereof;
thence Westerly along the arc of a 177.47 foot radius curve to the left a distance of 2.00 feet (chord bearing
South 80'28' 06" West, chord distance 2.00 feet), along the North line of land described and recorded in
Uber 1124, Page 209, to a point located 18.52 feet Easterly along said 177.47 foot radius curve (chord
bearing North 77° 09' 21" East, chord distance 18.51 feet) from Point 6, as shown and recorded in Liber
1124, Page 211;
thence Southwesterly along the arc of a 705.32 foot radius curve to the left a distance of 44.83 feet (chord
bearing South 51° 53' 03" West, chord distance 44.82 feet), being also along the Southeasterly line of the
land described and recorded in Liber 3424, Page 163, to a point on the Northwesterly line of the land
described and recorded in Liber 1124, Page 209, said point located Southwesterly along the arc of a 715.32
foot radius curve to the left a distance of 29.18 feet (chord bearing South 36° 1O' 10" West, chord distance
29.18 feet) from Point 6, as shown and recorded in Liber 1124, Page 211;
thence continuing Southwesterly along the arc of a 713.26 foot radius curve to the left a distance of 107.43
feet (chord bearing South 30° 40' 56" West, chord distance 107.33 feet) to the point of tangency of said
curve and being along the Northwesterly line of the land described and recorded in Liber 1124, Page 209
and the Southeasterly line of the land described and recorded in Liber 2013, Page 57;
thence South 26° 22' 02" West 254.17 feet along the Northwesterly line of the land described and recorded
in Liber 1124, Page 209, and along the Southeasterly line of the land described and recorded in Liber 2013,
Page 57;
thence South 61° 02' 29" East 20.50 feet along the Southwesterly line of Block 562;
thence South 12° 38' 51" West 37.51 feet along the Easterly line of Lot 10, Block 563;
thence North 61' 02' 29" West 84.79 feet along a line located 66.00 feet Southwesterly of and parallel with
the Southwesterly line of the land described and recorded in Liber 1124, Page 209;
thence South 28° 19' 50" West 758.63 feet along the Easterly line of the land described and recorded in
Uber 1123, Page 415;
thence South 16° 23' 26" West 121.54 feet, to a point located Southeasterly 34.00 feet from the survey
centerline of Northbound Shoreline Drive;
thence continuing Southwesterly along a line located 34.00 feet Southeasterly of and parallel with the
survey centerline of Northbound Shoreline Drive for the following 4 courses:
1) thence Southwesterly along the arc of a 772.66 foot radius curve to the right a distance of 224.30 feet
(chord bearing South 21 ° 18' 59" West, chord distance 223 .. 51 feet) to the point of tangency of said curve;
2) thence South 29° 37' 58" West 209.52 feet to the point of curvature of a 1117.91 foot radius curve to the
right;
3) thence Southwesterly along the arc of said curve a distance of 216.39 feet (chord bearing South 35° 10'
41" West, chord distance 216.05 feet) to the point of tangency of said curve, also being the point of
curvature of a 5176.30 foot radius curve to the left;
4) thence Southwesterly along the arc of said curve a distance of 221.84 feet (chord bearing South 39° 29'
44" West, chord distance 221.83 feet);
thence North 38° 16' 18" West 11.31 feet along the Southwesterly line of Block 567;
thence Southwesterly along the arc of a 5187.29 foot radius curve to the left a distance of 145.59 feet
(chord bearing South 37° 29' 35" West, chord distance 145.58 feet), being also along the existing
Southeasterly right of way line of Shoreline Drive, said line being 23.00 feet Southeasterly of and parallel
with the survey centerline of Northbound Shoreline Drive, to the point of tangency of said curve;
thence South 36' 41' 20" West 329.62 feet along the existing Southeasterly right of way line of Shoreline
Drive;
thence South 38' 23' 42" East 11.54 feet along the Southwesterly line of the Northeasterly 63.00 feet of
Block 570;
thence South 36' 41' 20" West 487. 73 feet along a line located 34.15 feet Southeasterly of and parallel with
the survey centerline of Northbound Shoreline Drive;
thence South 30' 57' 16" West 118.58 feet
thence South 36' 41' 20" West 130.61 feet;
thence South 41 ° 06' 00" West 130. 77 feet to a point on the Southeasterly line of Block 570;
thence South 36' 35' 38" West 256.09 feet to a point on the Northwesterly line of Block 318, said point
located South 51' 24' 53" West 80.00 feet from the Northerly corner of Block 318;
thence South 36' 47' 46" West 246.77 feet along the Easterly line of the land described and recorded in
Liber 1668, Page 93;
thence South 17' 54' 26" West 94.14 feet along the Easterly line of the land described and recorded in Liber
1668, Page 93, to a point on the Southwesterly line of Block 318 located North 38' 13' 29" West 25.00 feet
from the Southerly corner of Lot 1, Block 318;
thence South 01' 48' 49" East 111.18 feet;
thence South 38' 13' 29" East 94.92 feet along the Northeasterly line of Block 319 to the Easterly corner of
Block 319;
thence South 38' 08' 01" East 66.00 feet to the Northerly corner of Block 320;
thence South 38' 02' 35" East 303.25 feet along the Northeasterly line of Block 320 to the Easterly corner of
Block 320;
thence South 38' 02' 33" East 66.00 feet to the Northerly corner of Block 341;
thence South 38' 02' 30" East 284.91 feet along the Northeasterly line of Block 341 to the Easterly corner of
Block 341;
thence South 38' 08' 50" East 66.00 feet to the Northerly corner of Block 344;
thence South 38' 15' 08" East 104.21 feet along the Northeasterly line of Block 344;
thence South 81 ° 23' 35" West 75.94 feet to the midpoint of the Southwesterly line of Lot 1;
thence South 26' 07' 42" West 73.20 feet to a point on the Southwesterly line of Lot 2, said point located
35.00 feet Northwesterly of the Southerly corner of Lot 2;
thence South 38' 14' 48" East 0.20 feet along the Southwesterly line of said Lot 2;
thence South 30' 11' 12" West 94.77 feet to a point on the Northwesterly line of the alley in Block 344;
thence South 02' 17' 47" West 83.06 feet along the East line of Glade Street extended;
thence North 87' 51' 04" West 66.00 feet along the North line of Glade Street to the Northeast corner of Lot
6, Block 343;
thence South 02' 17' 47" West 106.39 feet to the Southeast corner of Lot 6, Block 343;
thence South 61' 16' 00" West 67.91 feet along the Southeasterly line of Block 343;
thence North 87' 58' 39" West 5.81 feet along the South line of Block 343 to the point of beginning;
EXCEPT any and all dedicated right of way.
All distances are grid distances. Grid distances divided by 0.99992 = ground distance.
The following descriptions pertain to the highway alignments for Shoreline Drive, as surveyed for the
jurisdictional transfer between the Michigan Department of Transportation (MOOT) and the City of
Muskegon. MDOT is to assume highway jurisdiction for Shoreline Drive; and the City is to assume
highway jurisdiction of the current US-31 Business Route that is commonly known as Muskegon
Avenue (northeasterly one-way) and Webster Avenue (southwesterly one-way).
ALIGNMENTS
SOUTHBOUND SHORELINE DRIVE
SURVEY CENTERLINE
Shoreline Drive Southbound survey centerline alignment located in the Revised Plat of 1903 of the City of
Muskegon (recorded in Liber 3 of Plats, Page 71), being in Sections 19, 20 and 30, Town 10 North, Range
16 West, City of Muskegon, Muskegon County, State of Michigan, described as follows:
Commencing at the Southwest corner of Section 30, Town 10 North, Range 16 West; thence South 88' 05'
48" East 827.55 feet along the South line of said Section; thence North 02' 17' 47" East 1646.57 feet along
the construction centerline of U.S. 31-BR (Seaway Drive); thence North 88' 00' 21" West 51.00 feet along
the centerline of Southern Avenue to the POINT OF BEGINNING of the Shoreline Drive Southbound survey
centerline alignment;
thence North 02' 17' 47" East 52.73 feet to the point of curvature of a 9820.36 foot radius curve to the left;
thence Northerly along the arc of said curve a distance of 328.55 feet (chord bearing North 01' 20' 16" East,
chord distance 328.54 feet) to the point of tangency of said curve;
thence North 00' 22' 46" East 220.94 feet to the point of curvature of a 1437.18 foot radius curve to the left;
thence Northerly along the arc of said curve a distance of 455. 77 feet (chord bearing North 08' 42' 20"
West, chord distance 453.87 feet) to the point of tangency of said curve;
thence North 17' 47' 27" West 787.15 feet to the point of curvature of a 624.95 foot radius curve to the right;
thence Northerly along the arc of said curve a distance of 594.23 feet (chord bearing North 09' 26' 57" East,
chord distance 572.1 O feet) to the point of tangency of said curve;
thence North 36' 41' 20" East 1582.95 feet to the point of curvature of a 5264.30 foot radius curve to the
right;
thence Northeasterly along the arc of said curve a distance of 370.69 feet (chord bearing North 38°42' 22"
East, chord distance 370.62 feet) to the point of tangency of said curve, also being the point of curvature of
a 1029.91 foot radius curve to the left;
thence Northeasterly along the arc of said curve a distance of 199.36 feet (chord bearing North 35° 10' 41"
East, chord distance 199.05 feet) to the point of tangency of said curve;
thence North 29° 37' 58" East 221.16 feet to the point of curvature of a 605.04 foot radius curve to the left;
thence Northerly along the arc of said curve a distance of 175.64 feet (chord bearing North 21 ° 18' 59" East,
chord distance 175.03 feet) to the point of tangency of said curve, also being the point of curvature of a
1025.28 foot radius curve to the right;
thence Northerly along the arc of said curve a distance of 273.72 feet (chord bearing North 20° 38' 54" East,
chord distance 272.91 feet) to the point of tangency of said curve;
thence North 28° 17' 48" East 856.60 feet to the point of curvature of a 723.50 foot radius curve to the right;
thence Northeasterly and Easterly along the arc of said curve a distance of 833.25 feet (chord bearing North
61 ° 17' 25" East, chord distance 787.96 feet) to the point of tangency of said curve;
thence South 85° 42' 57" East 641. 76 feet to the point of curvature of a 6561.14 foot radius curve to the
right;
thence Easterly along the arc of said curve a distance of 335.33 feet (chord bearing South 84° 15' 06'' East,
chord distance 335.30 feet) to the point of tangency of said curve;
thence South 82° 47' 15" East 177.21 feet to the point of curvature of a 6561.16 foot radius curve to the left;
thence Easterly along the arc of said curve a distance of 335.34 feet (chord bearing South 84° 15' 07" East,
chord distance 335.31 feet) to the point of tangency of said curve;
thence South 85° 42' 58" East 490.94 feet to the point of curvature of a 770.94 foot radius curve to the left;
thence Easterly and Northeasterly along the arc of said curve a distance of 919.31 feet (chord bearing North
60° 07' 21" East, chord distance 865.80 feet) to the POINT OF ENDING, said point of ending being located
Westerly 12.00 feet from the U.S. 31-BR (Seaway Drive) Southbound alignment.
NORTHBOUND SHORELINE DRIVE
SURVEY CENTERLINE
Shoreline Drive Northbound survey centerline alignment located in the Revised Plat of 1903 of the City of
Muskegon (recorded in Liber 3 of Plats, Page 71 ), being in Sections 19, 20 and 30, Town 10 North, Range
16 West, City of Muskegon, Muskegon County, State of Michigan, described as follows:
Commencing at the Southwest corner of Section 30, Town 10 North, Range 16 West; thence South 88° 05'
48" East 827.55 feet along the South line of said Section; thence North 02° 17' 47" East 1646.57 feet along
the construction centerline of U.S. 31-BR (Seaway Drive); thence South 88° 00' 21" East 27.00 feet along
the centerline of Southern Avenue to the POINT OF BEGINNING of the Shoreline Drive Northbound survey
centerline alignment;
thence North 02° 17' 4 7" East 52.31 feet to the point of curvature of a 9817. 97 foot radius curve to the left;
thence Northerly along the arc of said curve a distance of 328.46 feet (chord bearing North 01 ° 20' 17" East,
chord distance 328.45 feet) to the point of tangency of said curve, also being the point of curvature of a
9005.56 foot radius curve to the left;
thence Northerly along the arc of said curve a distance of 328.68 feet (chord bearing North 00° 39' 58"
West, chord distance 328.66 feet) to the point of tangency of said curve;
thence North 01 ° 42' 42" West 460.65 feet to the point of curvature of a 876.92 foot radius curve to the left;
thence Northerly along the arc of said curve a distance of 487.04 feet (chord bearing North 17° 37' 22"
West, chord distance 480.81 feet) to the point of tangency of said curve;
thence North 33° 32' 02" West 205.24 feet to the point of curvature of a 449.96 foot radius curve to the right;
thence Northerly along the arc of said curve a distance of 551.48 feet (chord bearing North 01 ° 34' 39" East,
chord distance 517.61 feet) to the point of tangency of said curve;
thence North 36° 41' 20" East 1606.09 feet to the point of curvature of a 5210.29 foot radius curve to the
right;
thence Northeasterly along the arc of said curve a distance of 366.89 feet (chord bearing North 38° 42' 22"
East, chord distance 366.81 feet) to the point of tangency of said curve, also being the point of curvature of
a 1083.91 foot radius curve to the left;
thence Northeasterly along the arc of said curve a distance of 209.81 feet (chord bearing North 35° 10' 41"
East, chord distance 209.48 feet) to the point of tangency of said curve;
thence North 29° 37' 58" East 209.52 feet to the point of curvature of a 738.66 foot radius curve to the left;
thence Northerly along the arc of said curve a distance of 214.43 feet (chord bearing North 21° 18' 59" East,
chord distance 213.68 feet) to the point of tangency of said curve, also being the point of curvature of
884.61 foot radius curve to the right;
thence Northerly along the arc of said curve a distance of 236.17 feet (chord bearing North 20° 38' 54" East,
chord distance 235.4 7 feet) to the point of tangency of said curve;
thence North 28° 17' 48" East 790.75 feet to the point of curvature of a 743.94 foot radius curve to the right;
thence Northeasterly and Easterly along the arc of said curve a distance of 856.80 feet (chord bearing North
61° 17' 25" East, chord distance 810.22 feet) to the point of tangency of said curve;
thence South 85° 42' 57" East 2106.57 feet to the point of curvature of a 736.73 foot radius curve to the left;
thence Easterly and Northeasterly along the arc of said curve a distance of 878.53 feet (chord bearing North
60° 07' 21" East, chord distance 827.39 feet) to the POINT OF ENDING, said point of ending being located
Westerly 12.00 feet from the U.S. 31-BR (Seaway Drive) Northbound alignment.
WEBSTER AVENUE - SOUTHBOUND
ALIGNMENT
Webster Avenue Southbound alignment located in the Revised Plat of 1903 of the City of Muskegon
(recorded in Liber 3 of Plats, Page 71) and being in Section 30, Town 10 North, Range 16 West, City of
Muskegon, Muskegon County, State of Michigan, described as follows:
Commencing at the Southwest corner of Section 30, Town 10 North, Range 16 West; thence South 88° 05'
48" East 827.55 feet along the South line of said Section; thence North 02° 17' 47" East 1646.57 feet along
the construction centerline of U.S. 31-BR (Seaway Drive); thence North 88° 00' 21" West 27.00 feet along
the centerline of Southern Avenue to the POINT OF BEGINNING of the Webster Avenue southbound
alignment;
thence North 02°17' 47" East 52.60 feet to the point of curvature of a 9844.36 foot radius curve to the left;
thence Northerly along the arc of said curve a distance of 329.36 feet (chord bearing North 01° 20' 17" East,
chord distance 329.35 feet) to the point of tangency of said curve;
thence North 00° 22' 46" East 220.93 feet to the point of curvature of a 1461. 18 foot radius curve to the left;
thence Northerly along the arc of said curve a distance of 463.39 feet (chord bearing North 08° 42' 21"
West, chord distance 461.45 feet) to the point of tangency of said curve, also being the point of curvature of
a 575.44 foot radius curve to the right;
thence Northerly along the arc of said curve a distance of 697.30 feet (chord bearing North 16° 55' 25" East,
chord distance 655.41 feet) to the POINT OF ENDING.
MUSKEGON AVENUE- NORTHBOUND
ALIGNMENT
Muskegon Avenue Northbound alignment located in the Revised Plat of 1903 of the City of Muskegon
(recorded in Liber 3 of Plats, Page 71) and being in Section 30, Town 10 North, Range 16 West, City of
Muskegon, Muskegon County, State of Michigan, described as follows:
Commencing at the Southwest corner of Section 30, Town 1O North, Range 16 West; thence South 88° 05'
48" East 827.55 feet along the South line of said Section; thence North 02° 17' 47" East 1646.57 feet along
the construction centerline of U.S. 31-BR (Seaway Drive); thence South 88° 00' 21" East 39.00 feet along
the centerline of Southern Avenue to the POINT OF BEGINNING of the Muskegon Avenue northbound
alignment;
thence North 02' 17' 47" East 52.25 feet to the point of curvature of a 9826.51 foot radius curve to the left;
thence Northerly along the arc of said curve a distance of 328. 74 feet (chord bearing North 01' 20' 17" East,
chord distance 328.73 feet) to the point of tangency of said curve, also being the point of curvature of a
9826.94 foot radius curve to the right;
thence Northerly along the arc of said curve a distance of 328. 74 feet {chord bearing North 01' 20' 17" East,
chord distance 328.73 feet to the point of tangency of said curve;
thence North 02' 17' 47" East 238.07 feet to the point of curvature of a 572.91 foot radius curve to the right;
thence Northerly along the arc of said curve a distance of 494.29 feet (chord bearing North 27' 00' 46" East,
chord distance 479.10 feet) to the POINT OF ENDING.
U.S. 31-BR (SEAWAY DRIVE)
SOUTHBOUND ALIGNMENT
U.S. 31-BR (Seaway Drive) southbound survey centerline alignment located in the Revised Plat of 1903 of
the City of Muskegon (recorded in Liber 3 of Plats, Page 71) and being in Section 20, Town 10 North,
Range 16 West, City of Muskegon, Muskegon County, State of Michigan, described as follows:
Commencing at the Southwest corner of Section 30, Town 1O North, Range 16 West; thence South 88° 05'
48" East 827.55 feet along the South line of said Section; thence North 02' 17' 47" East 1646.57 feet along
the construction centerline of U.S. 31-BR (Seaway Drive); thence North 41' 54' 49" East 6643.62 feet to the
POINT OF BEGINNING of the U.S. 31-BR (Seaway Drive) southbound survey centerline alignment;
said POINT OF BEGINNING also being located South 88' 06' 54" East 175.38 feet along the South line of
Section 20 and North 01' 53' 06" East 1419.95 feet from the Southwest corner of Section 20;
said POINT OF BEGINNING also being a point on the centerline of Webster Avenue located North 58' 44'
47" East 66.45 feet from the intersection of the centerline of Webster Avenue with the centerline of Spring
Street;
thence Northeasterly along the arc of a 818.43 foot radius curve to the left a distance of 468.32 feet (chord
bearing North 42' 21' 13" East, chord distance 461.96 feet) to the point of tangency of said curve;
thence North 25' 57' 40" East 1298.45 feet to a POINT OF ENDING.
U.S. 31-BR (SEAWAY DRIVE)
NORTHBOUND ALIGNMENT
U.S. 31-BR (Seaway Drive) northbound survey centerline alignment located in the Revised Plat of 1903 of
the City of Muskegon (recorded in Liber 3 of Plats, Page 71) and being in Section 20, Town 10 North,
Range 16 West, City of Muskegon, Muskegon County, State of Michigan, described as follows:
Commencing at the Southwest corner of Section 30, Town 1O North, Range 16 West; thence South 88° 05'
48" East 827.55 feet along the South line of said Section; thence North 02' 17' 47" East 1646.57 feet along
the construction centerline of U.S 31-BR (Seaway Drive); thence North 44' 55' 46" East 6524.65 feet to the
POINT OF BEGINNING of the U.S. 31-BR (Seaway Drive) northbound survey centerline alignment;
said POINT OF BEGINNING also being located South 88' 06' 54" East 181.53 feet along the South line of
Section 20 and North 01 ° 53' 06" East 1101.14 feet from the Southwest corner of Section 20;
said POINT OF BEGINNING also being a point on the centerline of Muskegon Avenue located North 58'
46' 38" East 43.47 feet from the intersection of the centerline of Muskegon Avenue with the centerline of
Spring Street;
thence Northeasterly along the arc of a 818.42 foot radius curve to the left a distance of 655.54 feet (chord
bearing North 35' 49' 51" East, chord distance 638.15 feet);
thence North 12' 53' 05" East 328. 79 feet to the point of curvature of a 1909.67 foot radius curve to the
right;
thence Northerly along the arc of said curve a distance of 435.83 feet (chord bearing North 19' 25' 22" East,
chord distance 434.89 feet) to the point of tangency of said curve;
thence North 25' 57' 40" East 577.94 feet to a POINT OF ENDING.
All distances are grid distances. Grid distances divided by 0.99992 = ground distance.
www.shorelineclty.com
Agenda Item No. _ _ __
Date: May 1, 2007
To: Honorable Mayor and City Commission
From: Department of Public Works
RE: Matching Grant Application Funding
SUMMARY OF REQUEST:
The approval of $5,000 as the City's part for a matching grant from
the Coast Management Program. The City will buy 370' of portable
barrier-free beach access extension decking, and local interests will
provide a $25,000 in-kind services. The Coastal Management
Program will match the total with $30,000 grant.
FINANCIAL IMPACT:
$5,000.00 to be solicited from local services. We may have an initial
commitment of $2,000. Should funds not become available, we will
match the local share with the Equipment Fund and lease it back to
the Parks.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
The Staff recommends approval.
West Michigan's Shoreline City
www.shorelineclty.com
Resolution No. 2007-39(b}
City of Muskegon Commission
RESOLUTION APPROVING SUBMISSION OF COASTAL GRANT APPLICATION
FOR PORTABLE BARRIER-FREE BEACH ACCESS EXTENSION DECKING
- PERE MARQUETTE PARK
WHEREAS, Lake Michigan's water level has dropped, exposing more beach area, and
WHEREAS, the current portable barrier-free beach access decking only reaches one-third of
the way from the parking area to the water, and
WHEREAS, funding is available from the U.S. Department of Commerce through the Coastal
Management Program, and
WHEREAS, total project cost is estimated at about $60,000, 50% of which would be funded
through the Coastal Program and 50% would be a local match of funding and in-
kind services;
NOW, THEREFORE, BE IT RESOLVED, that the City Commission approves the submission
of the grant application to the Michigan Coastal Management Program in the
amount of $60,000 for the portable barrier-free access decking extensions and
improvements to Pere Marquette Park Beach and commits that the local match
shall be provided if the project is funded.
ADOPTED: May 8, 2007
AYES: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
NAYS: None
~e n, Mayor
ATTEST: ~~:'\\-.'-\!:\JVµ
Ann Marie Becker, City Clerk
\l LJ L'"'-
CERTIFICATION
2007-39(b)
This resolution was adopted at a regular meeting of the City Commission, held on May 8, 2007.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the Stat~ of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By: ~\~"'~~\ tz0LV\.
Ann Marie Becker, MMC
City Clerk
AGENDA ITEM _ _ _ _ _ __
CITY COMMISSION MEETING 5/8/07
TO: Mayor and City Commission
FROM: Lee Slaughter, Assistant City Manager
Mohammed Al-Shatel, Deputy Director of Public Works
DATE: May 2, 2007
RE: METRO (Metropolitan Extension Telecommunications Rights-of-Way
Oversight) Act Request -Application from NextG Networks
SUMMARY OF REQUEST
Authorize the Mayor to sign the permit application submitted by NextG Networks to
install, operate, and maintain fiber optic cable and associated equipment, including
optical repeaters and microcellular antennas, on, over, and under the public right-of-way
within the City in connection with the provisions of telecommunications services
provided by NextG to its wireless operator customers.
It is requested that approval be conditioned upon City staffs satisfactory review of all
documentation that are required to accompany this request.
FINANCIAL IMPACT
None. (NextG Networks paid the required $500.00 permit fee.)
BUDGET ACTION REQUIRED
None.
STAFF RECOMMENDATION
To approve the permit and authorize the Mayor to sign the document.
COMMITTEE RECOMMENDATION
None.
MEMORANDUM
To: Mayor and City Commissioners
From: Lee J. Slaughter, Assistant City Manager
Mohammed Al-Shatel, Deputy Public Works Director
Date: May 2, 2007
Re: METRO Act Request from NextG Networks
This item is a normal request to participating municipalities from telecommunication
companies for permission to construct telecommunication facilities in the public right-of-
way. The request is per the City Commission resolution approving compliance with the
Metropolitan Extension Telecommunications Right-of-way Oversight Act.
NextG Networks seeks a Bilateral form of Right-of-Way Telecommunication Permit
from the City in order to install, operate, and maintain fiber optic cable and associated
equipment, including optical repeaters and microcellular antennas, on, over, and under
the public Right of Way within the City in connection with the provision of
telecommunications services provided by NextG to its wireless operator customers.
NextG also requests the use of City owned streetlight poles for third party attachment. In
response, NextG was advised that City streetlight poles are not available for their use.
Per the application process, requesting entities/businesses are supposed to submit
necessary and required supporting documentation to municipalities to facilitate
processing their request. Municipalities are required to process said request.
NextG Networks has patiially provided necessary verification and/ or documentation.
Outstanding items are as follows:
• Provide Method/procedure by which the City might identify facilities.
• Pursue agreement with Consumers Energy for the use of its poles
• Enter into agreement with MIS-DIG for digging or locating their system
• At the appropriate time (prior to construction), become compliant with section
3.5 ofNextG Networks' Application.
Consistent with past practice where these matters are concerned, we are requesting that
the Commission grant a conditional approval to NextG's request pending receipt of
outstanding supporting documentation.
Please feel free to contact me if you have questions.
METRO Act
Unilateral Form
Revised 12/06/02
RIGHT-OF-WAY
TELECOMMUNICATIONS PERMIT
This permit issued this 8 day of May, 2007 by City of Muskegon.
1 Definitions
1. I Date oflssuance shall mean the date set forth above.
1.2 Manager shall mean Municipality's [Mayor/Manager/Supervisor/Village
President] or his or her designee.
1.3 METRO Act shall mean the Metropolitan Extension Telecommunications Right-
of Way oversight Act, Act No. 48 of the Public Acts of 2002, as amended.
1.4 Municipality shall mean City of Muskegon, a Michigan municipal corporation.
1.5 Permit shall mean this document.
1.6 Permittee shall mean NextG Networks organized under the laws of the State of
Illinois whose addresses are NextG Networks of Illinois, Inc., c/o NextG
Networks , Inc., 2216 O'Toole Avenue, San Jose, CA 95131 and NextG
Networks, Inc., 5902 Mount Eagle Dr., Suite 1517, Alexandria, Virginia 22303.
1.7 Public Right-of-Way shall mean the area on, below, or above a public roadway,
highway, street, alley, easement, or waterway, to the extent Municipality has the
ability to grant the rights set forth herein. Public Right-of-Way does not include a
federal, state, or private right-of-way.
1.8 Telecommunications Facilities or Facilities shall mean the Permittee's equipment
or personal property, such as copper and fiber cables, lines, wires, switches,
conduits, pipes, and sheaths, which are used to or can generate, receive, transmit,
carry, amplify or provide telecommunication services or signals.
Telecommunication Facilities or Facilities do not include antennas, supporting
structures for antennas, equipment shelters or houses, and any ancillary equipment
and miscellaneous hardware used to provide federally licensed commercial
mobile service as defined in Section 332(d) of Part I of Title III of the
Communications Act of 1934, Chapter 652, 48 Stat. 1064, 47 U.S.C. 332 and
further defined as commercial mobile radio service in 47 CFR 20.3, and service
provided by any wireless, two-way communications device.
-1-
1.9 Term shall have the meaning set forth in Part 7.
2 Grant
2.1 Municipality hereby issues a permit under the METRO Act to Permittee for
access to and ongoing use of the Public Right-of-Way identified on Exhibit A to
construct, install and maintain Telecommunication Facilities on the terms set forth
herein.
2.1.1 Exhibit A may be modified by Manager upon written request by
Permittee.
2.1.2 Any decision of Manager on a request by Permittee for a modification
may be appealed by Permittee to Municipality's legislative body.
2.2 Overlashing. Permittee shall not allow the wires or any other facilities of a third
party to be overlashed to the Telecommunication Facilities without Municipality's
prior written consent. Municipality's right to withhold written consent is subject
to the authority of the Michigan Public Service Commission under Section 361 of
the Michigan Telecommunications Act, MCL § 484.2361.
2.3 Nonexclusive. The rights granted by this Permit are nonexclusive. Municipality
reserves the right to approve, at any time, additional permits for access to and
ongoing usage of the Public Right-of-Way by telecommunications providers and
to enter into agreements for use of the Public Right-of-Way with and grant
franchises for use of the Public Right-of-Way to telecommunications providers,
cable companies, utilities and other providers.
3 Contacts, Maps and Plans
3.1 Permittee Contacts. The names, addresses and the like for engineering and
construction related information for Permittee and its Telecommunication
Facilities are as follows:
3. I. I The address, e-mail address, phone number and contact person (title or
name) at Permittee's local office (in or near Municipality) is included in
the official, business contact list filed with the Municipality.
3.1.2 If Permittee's engineering drawings, as-built plans and related records for
the Telecommunication Facilities will not be located at the preceding local
office, the location address, phone number and contact person (title or
department) for them will be the engineering contact included in the
official , business contact list filed with the Municipality.
-2-
3.1.3 The name, title, address, e-mail address and telephone numbers of
Permittee's engineering contact person(s) with responsibility for the
design, plans and construction of the Telecommunication Facilities are
included in the official, business contact list filed with the Municipality.
3.1.4 The address, phone number and contact person (title or department) at
Permittee' s home office/regional office with responsibility for engineering
and construction related aspects of the Telecommunication Facilities 1s
included in the official, business contact list filed with the Municipality.
3.1.5 Permittee shall at all times provide Manager with the phone number at
which a live representative of Permittee (not voice mail) can be reached 24
hours a day, seven (7) days a week, in the event of a public emergency is
included in the official, business contact list filed with the Municipality.
3.1.6 Permittee shall immediately notify Municipality in writing as set forth in
Part 12 of any inaccuracies or changes in the preceding information.
3.2 Route Maps. Within ninety (90) days after the substantial completion of new
Facilities in the Municipality, a provider shall submit route maps showing the
location of the Telecommunication Facilities to both the Michigan Public Service
Commission and to the Municipality, as required under Section 6(7) of the
METRO Act, MCLA 484.3106(7). In accordance with Section 6(5) of the
METRO Act, a provider's existing and proposed facilities that is a trade secret,
proprietary or confidential information is exempt from the Freedom of
Information Act, 1976 PA 442, MCL 15.231 to 15.246.
3.3 As-Built Records. Permittee, without expense to Municipality, shall, upon forty-
eight (48) hours notice, give Municipality access to all "as-built" maps, records,
plans and specifications showing the Telecommunication Facilities or portions
thereof in the Public Right-of-Way. Upon request by Municipality, Permittee
shall inform Municipality as soon as reasonably possible of any changes from
previously supplied maps, records, or plans and shall mark up maps provided by
Municipality so as to show the location of the Telecommunication Facilities.
4 Use of Public Right-of-Way
4.1 No Burden on Public Right-of-Way. Permittee, its contractors, subcontractors,
and the Telecommunication Facilities shall not unduly burden or interfere with
the present or future use of any of the Public Right-of-Way. Permittee's aerial
cables and wires shall be suspended so as to not endanger or injure persons or
property in or about the Public Right-of-Way. If Municipality reasonably
determines that any portion of the Telecommunication Facilities constitutes an
undue burden or interference, due to changed circumstances, Permittee, at its sole
expense, shall modify the Telecommunication Facilities or take such other actions
-3-
as Municipality may determine is in the public interest to remove or alleviate the
burden, and Permittee shall do so within a reasonable time period. Municipality
will attempt to require all occupants of a pole or conduit whose facilities are a
burden to remove or alleviate the burden concurrently.
4.2 No Priority. This Permit does not establish any priority of use of the Public
Right-of-Way by Permittee over any present or future permittees or parties having
agreements with Municipality or franchises for such use. In the event of any
dispute as to the priority of use of the Public Right-of-Way, the first priority shall
be to the public generally, the second priority to Municipality, the third priority to
the State of Michigan and its political subdivisions in the performance of their
various functions, and thereafter as between other permit, agreement or franchise
holders, as determined by Municipality in the exercise of its powers, including the
police power and other powers reserved to and conferred on it by the State of
Michigan.
4.3 Restoration of Property. Permittee, its contractors and subcontractors shall
immediately (subject to seasonal work restrictions) restore, at Permittee's sole
expense, in a manner approved by Municipality, any pmtion of the Public Right-
of-Way that is in any way disturbed, damaged, or injured by the construction,
installation, operation, maintenance or removal of the Telecommunication
Facilities to a reasonably equivalent (or, at Permittee's option, better) condition as
that which existed prior to the disturbance. In the event that Permittee, its
contractors or subcontractors fail to make such repair within a reasonable time,
Municipality may make the repair and Permittee shall pay the costs Municipality
incurred for such repair.
4.4 Marking. Permittee shall mark the Telecommunication Facilities as follows:
Aerial portions of the Telecommunication Facilities shall be marked with a
marker on Permittee's lines on alternate poles which shall state Permittee's name
and provide a toll-free number to call for assistance. Direct buried underground
portions of the Telecommunication Facilities shall have (1) a conducting wire
placed in the ground at least several inches above Permittee's cable (if such cable
is nonconductive); (2) at least several inches above that, a continuous colored tape
with a statement to the effect that there is buried cable beneath; and (3) stakes or
other appropriate above ground markers with Permittee's name and a toll-free
number indicating that there is buried telephone cable below. Bored underground
portions of the Telecommunication Facilities shall have a conducting wire at the
same depth as the cable and shall not be required to provide the continuous
colored tape. Portions of the Telecommunication Facilities located in conduit,
including conduit of others used by Permittee, shall be marked at its entrance into
and exit from each manhole and handhole with Permittee's name and a toll-free
telephone number.
4.5 Tree Trimming. Permittee may trim trees upon and overhanging the Public
-4-
Right-of-Way so as to prevent the branches of such trees from coming into
contact with the Telecommunication Facilities, consistent with any standards
adopted by Municipality. Permittee shall dispose of all trimmed materials.
Permittee shall minimize the trimming of trees to that essential to maintain the
integrity of the Telecommunication Facilities. Except in emergencies, all
trimming of trees in the Public Right-of-Way shall have the advance approval of
Manager.
4.6 Installation and Maintenance. The construction and installation of the
Telecommunication Facilities shall be performed pursuant to plans approved by
Municipality. The open cut of any Public Right-of-Way shall be coordinated with
the Manager or his designee. Permittee shall install and maintain the
Telecommunication Facilities in a reasonably safe condition. If the existing poles
in the Public Right-of-Way are overburdened or unavailable for Permittee's use,
or the facilities of all users of the poles are required to go underground then
Permittee shall, at its expense, place such portion of its Telecommunication
Facilities underground, unless Municipality approves an alternate location.
Permittee may perform maintenance on the Telecommunication Facilities without
prior approval of Municipality, provided that Permittee shall obtain any and all
permits required by Municipality in the event that any maintenance will disturb or
block vehicular traffic or are otherwise required by Municipality.
4.7 Pavement Cut Coordination. Permittee shall coordinate its construction and all
other work in the Public Right-of-Way with Municipality's program for street
construction and rebuilding (collectively "Street Construction") and its program
for street repaving and resurfacing (except seal coating and patching)
(collectively, "Street Resurfacing").
4.7.1 The goals of such coordination shall be to encourage Permittee to conduct
all work in the Public Right-of-Way in conjunction with or immediately
prior to any Street Construction or Street Resurfacing planned by
Municipality.
4.8 Compliance with Laws. Permittee shall comply with all laws, statutes,
ordinances, rules and regulations regarding the construction, installation, and
maintenance of its Telecommunication Facilities, whether federal, state or local,
now in force or which hereafter may be promulgated. Before any installation is
commenced, Permittee shall secure all necessary permits, licenses and approvals
from Municipality or other governmental entity as may be required by law,
including, without limitation, all utility line permits and highway permits.
Permittee shall comply in all respects with applicable codes and industry
standards, including but not limited to the National Electrical Safety Code (latest
edition adopted by Michigan Public Service Commission) and the National
Electric Code (latest edition). Permittee shall comply with all zoning and land use
ordinances and historic preservation ordinances as may exist or may hereafter be
-5-
amended.
4.9 Street Vacation. If Municipality vacates or consents to the vacation of Public
Right-of-Way within its jurisdiction, and such vacation necessitates the removal
and relocation of Permittee's Facilities in the vacated Public Right-of-Way,
Permittee shall, as a condition of this Permit, consent to the vacation and remove
its Facilities at its sole cost and expense when ordered to do so by Municipality or
a court of competent jurisdiction. Permittee shall relocate its Facilities to such
alternate route as Municipality, applying reasonable engineering standards, shall
specify.
4.10 Relocation. If Municipality requests Permittee to relocate, protect, support,
disconnect, or remove its Facilities because of street or utility work, or other
public projects, Permittee shall relocate, protect, support, disconnect, or remove
its Facilities, at its sole cost and expense, including where necessary to such
alternate route as Municipality, applying reasonable engineering standards, shall
specify. The work shall be completed within a reasonable time period.
4.1 I Public Emergency. Municipality shall have the right to sever, disrupt, dig-up or
otherwise destroy Facilities of Permittee if such action is necessary because of a
public emergency. If reasonable to do so under the circumstances, Municipality
will attempt to provide notice to Permittee. Public emergency shall be any
condition which poses an immediate threat to life, health, or property caused by
any natural or man-made disaster, including, but not limited to, storms, floods,
fire, accidents, explosions, water main breaks, hazardous material spills, etc.
Permittee shall be responsible for repair at its sole cost and expense of any of its
Facilities damaged pursuant to any such action taken by Municipality.
4.12 Miss Dig. If eligible to join, Permittee shall subscribe to and be a member of
"MISS DIG," the association of utilities formed pursuant to Act 53 of the Public
Acts of 1974, as amended, MCL § 460.701 et seq., and shall conduct its business
in conformance with the statutory provisions and regulations promulgated
thereunder.
4.13 Underground Relocation. If Permittee has its Facilities on poles of Consumers
Energy, Detroit Edison or another electric or telecommunications provider and
Consumers Energy, Detroit Edison or such other electric or telecommunications
provider relocates its system underground, then Permittee shall relocate its
Facilities underground in the same location at Permittee's sole cost and expense.
4.14 Identification. All personnel of Permittee and its contractors or subcontractors
who have as part of their normal duties contact with the general public shall wear
on their clothing a clearly visible identification card bearing Permittee's name,
their name and photograph. Permittee shall account for all identification cards at
all times. Every service vehicle of Permittee and its contractors or subcontractors
-6-
shall be clearly identified as such to the public, such as by a magnetic sign with
Permittee's name and telephone number.
5 Indemnification
5.1 Indemnity. Permittee shall defend, indemnify, protect, and hold harmless
Municipality, its officers, agents, employees, elected and appointed officials,
departments, boards, and commissions from any and all claims, losses, liabilities,
causes of action, demands, judgments, decrees, proceedings, and expenses of any
nature (collectively "claim" for this Part 5) (including, without limitation,
attorneys' fees) arising out of or resulting from the acts or omissions of Permittee,
its officers, agents, employees, contractors, successors, or assigns, but only to the
extent such acts or omissions are related to the Permittee's use of or installation of
facilities in the Public Right-of-Way and only to the extent of the fault or
responsibility of Permittee, its officers, agents, employees, contractors, successors
and assigns.
5.2 Notice, Cooperation. Municipality will notify Permittee promptly in writing of
any such claim and the method and means proposed by Municipality for
defending or satisfying such claim. Municipality will cooperate with Permittee in
every reasonable way to facilitate the defense of any such claim. Municipality
will consult with Permittee respecting the defense and satisfaction of such claim,
including the selection and direction oflegal counsel.
5.3 Settlement. Municipality will not settle any claim subject to indemnification
under this Part 5 without the advance written consent of Permittee, which consent
shall not be unreasonably withheld. Permittee shall have the right to defend or
settle, at its own expense, any claim against Municipality for which Permittee is
responsible hereunder.
6 Insurance
6.1 Coverage Required. Prior to beginning any construction in or installation of the
Telecommunication Facilities in the Public Right-of-Way, Permittee shall obtain
insurance as set forth below and file certificates evidencing same with
Municipality. Such insurance shall be maintained in full force and effect until the
end of the Term. In the alternative, Permittee may satisfy this requirement
through a program of self-insurance, acceptable to Municipality, by providing
reasonable evidence of its financial resources to Municipality. Municipality's
acceptance of such self-insurance shall not be unreasonably withheld.
6.1.1 Commercial general liability insurance, including Completed Operations
Liability, Independent Contractors Liability, Contractual Liability
coverage, railroad protective coverage and coverage for property damage
from perils of explosion, collapse or damage to underground utilities,
-7-
commonly !mown as XCU coverage, in an amount not less than Five
Million Dollars ($5,000,000).
6.1.2 Liability insurance for sudden and accidental environmental
contamination with minimum limits of Five Hundred Thousand Dollars
($500,000) and providing coverage for claims discovered within three (3)
years after the term of the policy.
6.1.3 Automobile liability insurance in an amount not less than One Million
Dollars ($1,000,000).
6.1.4 Workers' compensation and employer's liability insurance with statutory
limits, and any applicable Federal insurance of a similar nature.
6.1.5 The coverage amounts set fotth above may be met by a combination of
underlying (primary) and umbrella policies so long as in combination the
limits equal or exceed those stated. If more than one insurance policy is
purchased to provide the coverage amounts set forth above, then all
policies providing coverage limits excess to the primary policy shall
provide drop down coverage to the first dollar of coverage and other
contractual obligations of the primary policy, should the primary policy
carrier not be able to perform any of its contractual obligations or not be
collectible for any of its coverages for any reason during the Term, or
(when longer) for as long as coverage could have been available pursuant
to the terms and conditions of the primary policy.
6.2 Additional Insured. Municipality shall be named as an additional insured on all
policies (other than worker's compensation and employer's liability). All
insurance policies shall provide that they shall not be canceled, modified or not
renewed unless the insurance carrier provides thirty (30) days prior written notice
to Municipality. Permittee shall annually provide Municipality with a certificate
of insurance evidencing such coverage. All insurance policies (other than
environmental contamination, workers' compensation and employer's liability
insurance) shall be written on an occurrence basis and not on a claims made basis.
6.3 Qualified Insurers. All insurance shall be issued by insurance carriers licensed to
do business by the State of Michigan or by surplus line carriers on the Michigan
Insurance Commission approved list of companies qualified to do business in
Michigan. All insurance and surplus line carriers shall be rated A+ or better by
A.M. Best Company.
6.4 Deductibles. If the insurance policies required by this Part 6 are written with
retainages or deductibles in excess of $50,000, they shall be approved by Manager
in advance in writing. Permittee shall indemnify and save harmless Municipality
from and against the payment of any deductible and from the payment of any
-8-
premium on any insurance policy required to be furnished hereunder.
6.5 Contractors. Permittee's contractors and subcontractors working in the Public
Right-of-Way shall carry in full force and effect commercial general liability,
environmental contamination liability, automobile liability and workers'
compensation and employer liability insurance which complies with all terms of
this Part 6. In the alternative, Permittee, at its expense, may provide such
coverages for any or all its contractors or subcontractors (such as by adding them
to Permittee's policies).
6.6 Insurance Primary. Permittee's insurance coverage shall be primary insurance
with respect to Municipality, its officers, agents, employees, elected and
appointed officials, departments, boards, and commissions (collectively "them").
Any insurance or self-insurance maintained by any of them shall be in excess of
Permittee's insurance and shall not contribute to it (where "insurance or self-
insurance maintained by any of them" includes any contract or agreement
providing any type of indemnification or defense obligation provided to, or for the
benefit of them, from any source, and includes any self-insurance program or
policy, or self-insured retention or deductible by, for or on behalf of them).
7 Term
7.1 Term. The term ("Term") of this Permit shall be until the earlier of:
7.1.1 Five years from the Date oflssuance; or
7.1.2 When the Telecommunication Facilities has not been used to provide
telecommunications services for a period of one hundred and eighty (180)
days by Permittee or a successor or an assignee of Permittee; or
7.1.3 When Permittee, at its election and with or without cause, delivers written
notice of termination to Municipality at least one-hundred and eighty
(180) days prior to the date of such termination; or
7.1.4 Upon either Permittee or Municipality giving written notice to the other of
the occurrence or existence of a default by the other party under Sections
4.8, 6, 8 or 9 of this Permit and such defaulting party failing to cure, or
commence good faith efforts to cure, such default within sixty (60) days
(or such shorter period of time provided elsewhere in this Permit) after
delivery of such notice; or
7.1.5 Unless Manager grants a written extension, one year from the Date of
Issuance if prior thereto Permittee has not started the construction and
installation of the Telecommunication Facilities within the Public Right-
of-Way and two years from the Date of Issuance if by such time
-9-
construction and installation of the Telecommunication Facilities is not
complete.
8 Performance Bond or Letter of Credit
8.1 Municipal Requirement. Municipality may require Permittee to post a bond (or
letter of credit) as provided in Section 15(3) of the METRO Act, as amended
[MCL § 484.3115(3)].
9.1 Establishment; Reservation. The METRO Act shall control the establishment of
right-of-way fees. The parties reserve their respective rights regarding the nature
and amount of any fees which may be charged by Municipality in connection with
the Public Right-of-Way.
10 Removal
IO.I Removal; Underground. As soon as practicable after the Term, Permittee or its
successors and assigns shall remove any underground cable or other portions of
the Telecommunication Facilities from the Public Right-of-Way which has been
installed in such a manner that it can be removed without trenching or other
opening of the Public Right-of-Way. Permittee shall not remove any underground
cable or other portions of the Telecommunication Facilities which requires
trenching or other opening of the Public Right-of-Way except with the prior
written approval of Manager. All removals shall be at Permittee's sole cost and
expense.
10.1.1 For purposes of this Part 10, "cable" means any wire, coaxial cable, fiber
optic cable, feed wire or pull wire.
10.2 Removal; Above Ground. As soon as practicable after the Term, Permittee, or its
successor or assigns at its sole cost and expense, shall, unless waived in writing
by Manager, remove from the Public Right-of-Way all above ground elements of
its Telecommunication Facilities, including but not limited to poles, pedestal
mounted terminal boxes, and lines attached to or suspended from poles.
10.3 Schedule. The schedule and timing of removal shall be subject to approval by
Manager. Unless extended by Manager, removal shall be completed not later than
twelve (12) months following the Term. Portions of the Telecommunication
Facilities in the Public Right-of-Way which are not removed within such time
period shall be deemed abandoned and, at the option of Municipality exercised by
written notice to Permittee as set forth in Part 12, title to the portions described in
such notice shall vest in Municipality.
-10-
11 Assignment. Permittee may assign or transfer its rights under this Permit, or the persons
or entities controlling Permittee may change, in whole or in part, voluntarily,
involuntarily, or by operation of law, including by merger or consolidation, change in the
ownership or control of Permittee's business, or by other means, subject to the following:
11.1 No such transfer or assignment or change in the control of Permittee shall be
effective under this Permit, without Municipality's prior approval (not to be
unreasonably withheld), during the time period from the Date of Issuance until the
completion of the construction of the Telecommunication Facilities in those
portions of the Public Right-of-Way identified on Exhibit A.
11.2 After the completion of such construction, Permittee must provide notice to
Municipality of such transfer, assignment or change in control no later than thirty
(30) days after such occurrence; provided, however,
11.2.1 Any transferee or assignee of this Permit shall be qualified to perform
under its terms and conditions and comply with applicable law; shall be
subject to the obligations of this Permit, including responsibility for any
defaults which occurred prior to the transfer or assignment; shall supply
Municipality with the information required under Section 3.1; and shall
comply with any updated insurance and performance bond requirements
under Sections 6 and 8 respectively, which Municipality reasonably deems
necessary, and
11.2.2 In the event of a change in control, it shall not be to an entity lacking the
qualifications to assure Permittee's ability to perform under the terms and
conditions of this Permit and comply with applicable law; and Permittee
shall comply with any updated insurance and performance bond
requirements under Sections 6 and 8 respectively, which Municipality
reasonably deems necessary.
11.3 Permittee may grant a security interest in this Permit, its rights thereunder or the
Telecommunication Facilities at any time without notifying Municipality.
12 Notices
12.1 Notices. All notices under this Permit shall be given as follows:
12.1.1 If to Municipality: City of Muskegon, P.O. Box 536, Muskegon, MI
49443-0536.
12.1.2 If to Permittee: NextG Networks of Illinois, Inc., c/o NextG Networks,
Inc., 2216 O'Toole Avenue, San Jose CA 95131. Permittee's contact
information has been filed with the Municipality.
-11-
12.2 Change of Address. Permittee and Municipality may change its address or
personnel for the receipt of notices at any time by giving notice thereof to the
other as set forth above.
13 Other Items
13.1 No Cable, OVS. This Permit does not authorize Permittee to provide commercial
cable type services to the public, such as "cable service" or the services of an
"open video system operator" (as such terms are defined in the Federal
Communications Act of 1934 and implementing regulations, currently 47 U.S.C.
§§ 522 (6), 573 and 47 CFR § 76.1500).
13 .2 Effectiveness. This Permit shall become effective when Permittee has provided
any insurance certificates and bonds required in Parts 6 and 8, and signed the
acknowledgement of receipt, below.
13.3 Authority. This Permit satisfies the requirement for a permit under Section 5 of
the METRO Act [MCL 484.3105].
13 .4 Interpretation and Severability. The provisions of this Permit shall be liberally
construed to protect and preserve the peace, health, safety and welfare of the
public, and should any provision or section of this Permit be held
unconstitutional, invalid, overbroad or otherwise unenforceable, such
determination/holding shall not be construed as affecting the validity of any of the
remaining conditions of this Permit. If any provision in this Permit is found to be
partially overbroad, unenforceable, or invalid, Permittee and Municipality may
nevertheless enforce such provision to the extent permitted under applicable law.
13.5 Governing Law. This Permit shall be governed by the laws of the State of
Michigan.
-12-
Attested: CITY OF MUSKEGON
By s:::',.,,,'-"~\1"5;,,,A.J,.s..Ji.h.
Its: City Clerk
Date: <.:,-- CJ,- c,·7
Aclmowledgement of Receipt: Permittee acknowledges receipt of this Permit granted by
Municipality.
NEXTG NETWORKS OF ILLINOIS, INC.,
d/b/a NextG Networks Central
By: Raymond K. Ostby
Its: Chief Financial Officer/Secretary/Treasurer
Date .• c\1,
\
I ,
'' I
I(,' - /
-13-
Exhibit A
Public Right-of-Way to be Used by Telecommunication Facilities
-14-
CITY OF MUSKEGON, MICHIGAN
APPLICATION FOR
ACCESS TO AND ONGOING USE OF PUBLIC WAYS BY
TELECOMMUNICATIONS PROVIDERS
BY
NEXTG NETWORKS OF ILLINOIS, INC.
dba NextG Networks Central
("APPLICANT")
This is an application pursuant to Sections 5 and 6 of the Metropolitan
Extension Telecommunications Rights-of-Way Oversight Act, 2002 PA 48 (the
"METRO Act'') for access to and ongoing usage of the public right-of-way,
including public roadways, highways, streets, alleys, easements, and waterways
("Public Ways'? in the Municipality for a telecommunications system. The
METRO Act states that ''A municipality shall approve or deny access under this
section within 45 days from the date a provider files an application for a permit
for access to a public right-of-way." MCLA 484.3115(3).
This application must be accompanied by a one-time application fee of $500,
unless the applicant is exempt from this requirement under Section 5(3) of the
METRO Act, MCLA 484.3105(3).
1 GENERAL INFORMATION:
1.1 Date: 01 February 2007
1.2 Applicant's legal name: NextG Networks of Illinois, Inc.
Mailing Address: c/o NextG Networks, Inc.
2216 O'Toole Avenue
San Jose, CA 95131
Telephone Number: (408) 954-1580
Fax Number: (408) 383-5397
Corporate website: www.nextgnetworks.net
Name and title of Applicant's local manager (and if different) contact person
regarding this application:
Christopher Sinclair
Director of Network Real Estate
Mailing Address: NextG Networks, Inc.
5902 Mount Eagle Drive, Suite 1517
Alexandria, VA 22303
Telephone Number: (703) 960-4775
Fax Number: (703) 960-4605
E-mail Address: csinclair@nextgnetworks.net
1.3 Type of Entity: (Check one of the following)
X Corporation
General Partnership
Limited Partnership
Limited Liability Company
Individual
Other, please describe: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
1.4 Assumed name for doing business, if any: NextG Networks Central
1.5 Description of Entity:
1.5. 1 Jurisdiction of incorporation/formation;
State of Delaware
1.5.2 Date of incorporation/formation;
04 October 2002
1.5.3 If a subsidiary, name of ultimate parent company;
NextG Networks, Inc.
1.5.4 Chairperson, President/CEO, Secretary and Treasurer (and equivalent
officials for non-corporate entities).
Chairman and CEO: John B. Georges, PhD
CFO/Secretary/Treasurer: Raymond K. Ostby
1.6 Attach copies of Applicant's most recent annual report (with state ID number)
filed with the Michigan Department of Consumer and Industry Services and ce1iificate of good
standing with the State of Michigan. For entities in existence for less than one year and for non-
corporate entities, provide equivalent information.
Please refer to the enclosed following documents:
a) "Foreign Corporation Information Update" for Year 2005 (with Year 2006
Update) for NextG Networks of Illinois, Inc., state ID number 652313, as filed
with the Michigan Department of Labor & Economic Growth, Bureau of
Commercial Services - Corporation Division. NextG Networks of Illinois, as
is its parent, NextG Networks, Inc., is a privately held concern; and
b) Certificate of good standing, dated 16 January 2007, as issued by the
Michigan Department of Labor & Economic Growth.
2
I. 7 Is Applicant aware of any present or potential conflicts of interest between
Applicant and Municipality? If yes, describe.
None.
1.8 In the past three (3) years, has Applicant had a permit to install
telecommunications facilities in the public right of way revoked by any Michigan municipality?
Circle (underlined): Yes No
ff ''yes, "please describe the circumstances.
1.9 In the past three (3) years, has an adverse finding been made or an adverse final
action been taken by any Michigan court or administrative body against Applicant under any law
or regulation related to the following:
1.9.1 A felony; or
1.9.2 A revocation or suspension of any authorization (including cable
franchises) to provide telecommunications or video programming services?
Circle (underlined): Yes No
ff ''yes," please attach a full description of the parties and matters
involved, including an identification of the court or administrative body
and any proceedings (by dates and file numbers, if applicable), and the
disposition ofsuch proceedings.
1.10 [If Applicant has been granted and currently holds a license to provide basic local
exchange service, no financial information needs to be supplied.] If publicly held, provide
Applicant's most recent financial statements. If financial statements of a parent company of
Applicant (or other affiliate of Applicant) are provided in lieu of those of Applicant, please
explain.
I. I 0.1 If privately held, and if Municipality requests the information within I 0
days of the date of this Application, the Applicant and the Municipality should make
arrangements for the Municipality to review the financial statements.
ff no financial statements are provided, please explain and provide
particulars.
NextG Networks of Illinois, Inc., has registered with the Michigan Public
Service Commission as a Competitive Access Provider within the
category of Intrastate Telecommunications Service Providers, allowing
Applicant to provide local exchange service. Therefore, no financial
information has been provided.
3
2 DESCRIPTION OF PROJECT:
2.1 Provide a copy of authorizations, if applicable, Applicant holds to provide
telecommunications services in Municipality. If no authorizations are applicable, please explain.
Please see enclosed copy of registration with the Michigan Public Service
Commission, Communications Division, evidencing the authority of NextG
Networks of Illinois, Inc., to operate as a Competitive Access Provider.
2.2 Describe in plain English how Municipality should describe to the public the
telecommunications services to be provided by Applicant and the telecommunications facilities
to be installed by Applicant in the Public Ways.
NextG uses a fiber optic network and associated antennas and equipment to offer
wireless operators innovative solutions to satisfy coverage and/or capacity
objectives within their networks that do not require the construction of macro
sites, such as large towers, monopoles, or rooftop installations. Critical areas can
be covered by using optical fiber to connect a network of microcellular node sites,
consisting of small antennas and optical repeaters, attached to existing
infrastructure, namely streetlights and utility distribution poles, where available,
located in the public way. Such distributive antenna system (DAS) networks
generally are intended to supplement, rather than supplant, macro sites within
carriers' existing networks in areas where such macro sites cannot adequately
serve or when macro sites may be considered impractical.
Communities recognize the numerous advantages of NextG Networks and DAS
technology. Since deployment is not premised on the construction of new towers
or monopoles, often controversial issues within any jurisdiction, siting issues
generally are resolved to the satisfaction of municipality and wireless operator
alike. Visually unobtrusive without any emanating sound or light, the equipment
is small, concealed, and easy to install and maintain. Finally, new broadband
technologies are provided without any disruption, public investment, or
environmental impact.
2.3 Attach route maps showing the location (including whether overhead or
underground) of Applicant's existing and proposed facilities in the public right-of-way. To the
extent known, please identify the side of the street on which the facilities will be located. (If
construction approval is sought at this time, provide engineering drawings, if available, showing
location and depth, if applicable, of facilities to be installed in the public right-of-way).
Enclosed you will find a map illustrating the proposed fiber route, deployed
aerially where possible and underground where required. This map should be
considered preliminary, proprietary, and CONFIDENTIAL.
2.4 Please provide an anticipated or actual construction schedule.
Construction is anticipated to commence in or about 4Q2007.
4
2.5 Please list all organizations and entities which will have any ownership interest in
the facilities proposed to be installed in the Public Ways.
NextG Networks of Illinois, Inc., will own (and/or lease) fiber and conduit in the
public way by which it will provide telecommunications services.
2.6 Who will be responsible for maintaining the facilities Applicant places in the
Public Ways and how are they to be promptly contacted? If Applicant's facilities are to be
installed on or in existing facilities in the Public Ways of existing public utilities or incumbent
telecommunications providers, describe the facilities to be used, and provide verification of their
consent to such usage by Applicant.
a) NextG Networks of Illinois, Inc., will be responsible for maintenance of the
facilities. Any municipal representative may contact our Network Operations
Center at any time at (866) 44-NEXTG, or (866) 446-3984, concerning the
installation, operation, and maintenance of the facilities.
b) Applicant's facilities will be installed primarily on utility-owned
infrastructure, namely streetlight poles and distribution poles, where available.
Evidence of a completed agreement with SBC-Michigan is enclosed; similar
agreements with Consumers Energy and Verizon are in process. Access to
municipally owned streetlight poles, where available, would be arranged
separately.
3 TELECOMMUNICATION PROVIDER ADMINISTRATIVE MATTERS:
Please provide the following or attach an appropriate exhibit.
3.1 Address of Applicant's nearest local office;
NextG Networks, Inc.
5902 Mount Eagle Drive, Suite I 5 I 7
Alexandria, Virginia 22303
3.2 Location of all records and engineering drawings, if not at local office;
NextG Networks, Inc.
2216 O'Toole Avenue
San Jose, California 95131
3.3 Names, titles, addresses, e-mail addresses and telephone numbers of contact
person(s) for Applicant's engineer or engineers and their responsibilities for the
telecommunications system;
5
Corporate:
Todd Schultz
Vice President, Operations
NextG Networks, Inc.
2216 O'Toole Avenue
San Jose, CA 95131
Telephone (408) 954-1580, xl59
Email tschulz@nextgnetworks.net
Responsibilities: Corporate oversight of network design, construction,
implementation, and maintenance
Regional:
Michael Donelon
Director of Implementation, Northeast Region
NextG Networks, Inc.
20 Lambeth Lane
O'Fallon, MO 63366
Telephone (636) 379-3090
Email mdonelon@nextgnetworks.net
Responsibilities: Regional management of network design, construction,
implementation, and maintenance
3.4 Provide evidence of self-insurance or a certificate of insurance showing
Applicant's insurance coverage, carrier and limits of liability for the following:
3.4.1 Worker's compensation;
3.4.2 Commercial general liability, including at least:
3.4.2.1 Combined overall limits;
3.4.2.2 Combined single limit for each occurrence of bodily injury;
3.4.2.3 Personal injury;
3.4.2.4 Property damage;
3 .4.2.5 Blanket contractual liability for written contracts, products, and
completed operations;
3.4.2.6 Independent contractor liability;
3.4.2.7 For any non-aerial installations, coverage for property damage
from perils of explosives, collapse, or damage to underground utilities (known as
XCU coverage);
3.4.2.8 Environmental contamination;
6
3.4.3 Automobile liability covering all owned, hired, and non-owned vehicles
used by Applicant, its employee, or agents.
Please see enclosed certificate of insurance.
3.5 Names of all anticipated contractors and subcontractors involved m the
construction, maintenance and operation of Applicant's facilities in the Public Ways.
To be determined and provided prior to construction.
4 CERTIFICATION:
All the statements made in the application and attached exhibits are true and correct to
the best of my knowledge and belief
NAME OF ENTITY {"APPLICANT")
NEXTG NETWORKS OF ILLINOIS, INC.
dba NextG Networks Central
Date: 0 I February 2007 By: J\l,1..\\,\-b
Name: Raymond K. \)stby
Title: CFO/Secretary/Treasurer
7
~EXTG NETWORKS, iNC. Check Check Ull88/
Date: 1/30/2007 Num: 011887
INVOICE NO. DATE DESCRIPTION PAID AMOUNT DISCOUNT APPUED AMOUNT
CR 1/29 1/29/2007 Vchr: VCH002585 $500.00 $0.00 $500.00
\HTEHNAL NO. VENDOR TOTALS
. 259 ClTYOF55 City of,Ml_lskegon , $500.00
' Uililiillim~mlJ:ll~ · · • ,
NEXTG NETWORKS, INC.
COMERICA BANK
WESTERN HEGION
v,ww.conmrica.,:0111
903752/1211 0118 87
OPERATING ACCOUNT DATE CHECK NUMBER
2216 O'TOOLE AVENUE
SAN JOSE. CA 95131
1/30/2007 011887
PHONE: 408-954-1580
Five hundred and 00 / 100 Dollars Only******************************************************************************************
AMOUNT
PAY $500.00
TO THE
City of Maskegon REQUIRES TWO SIGNATURES OVER S10,000.00
ORDER
933 Terrace Street
OF Maskegon, Ml49440
MICHIGAN DEPARTMENT OF LABOR AND ECONOMIC GROWTH
BUREAU OF COMMERCIAL SERVICES· CORPORATION DIVISION
FOREIGN CORPORATION INFORMATION UPDATE
Year 2005
1. Corporate Nama
------
NEXTG NETWORKS OF ILLINOIS, INC.
-Tull! Info:2 11010~6-! 09/12/05
2. IDENTIFICATION NUMBER 3. Resdent Agent Ch tt: 5786 Aat: 125.00
652313 THE CORPORATION COMPANY IO 652313
4a. Reg~tered Office Address In Michigan · NO.• STREET, CITY, ZIP (may not be a P.O. Box)
30600 TELEGRAPH ROAD, BINGHAM FARMS, Ml 48025 FILED
4b. Maillng Address of Registered Office In Michigan, if different than address In Item 4a (may be a P.O. Box)
SEP 2 2 2005
[SAME AS ABOVE]
by Department
-------lBureau or Commero1a1 Se•'-•
5. Describe lhe general nature and kind of business in which the corporation is engaged: 1 ""-"'
CONSTRUCT/OPERATE COMMUNICATIONS NETWORKS
6. Total authorized shares: 7. Slngle Business Tax Apportionment Percentage: Slilmif an amended application to report a change in aulho- I
rlzed shares. For lnaeases ln shares attributable due to an increase in SST%, you may complete the enclosed
50,000 ::::::t.::::i:::
1
:::::::::::::1,::::~: ::: report in lieu of :in: :::.::::applcation.
1 0
i
~----------~--------
B. NAME BUSINESS OR RESIDENCE ADDRESS
President
JOHN GEORGES 2216 O'TOOLE AVE., SAN JOSE, CA 95131
,.,..,, ------------------------------- -
~
RAY OSTBY 2216 OTOOLE AVE., SAN JOSE, CA 95131
different 1-c.,-------,----------------------
than '"'""' RAY OSTBY 2216 OTOOLE AVE., SAN JOSE, CA 95131
President >--------------------------
""""""""' DAVID CUTRER 2216 O'TOOLE AVE., SAN JOSE, CA 95131
Ollllttot
~ JOHN GEORGES 2216 OTOOLE AVE., SAN JOSE, CA 95131
different Oiroctor
than
Officers Olreetar
9, The filing fee la $25.00, If submitted after September 30, total tee Is $75. {$25 fifing foe plus $50 late penalty fee.) Filing fee
lncreasad to $25 on Oct.1, 2003 through Sept. 30, 2007. Pleaso make your chock or money order payable to State of Michigan. TIiis
report must be filed by May 15 of the year In which It Is duo. If submitted more than , 1/2 months after original due date include $SO.OD
Jato penalty fee. Return thl• signed report with fee to:
Michigan Department of labor & Economic Growtll
Bureau of Commerclal Services • Corporation Division
PO Box 30702
Lansing, Ml 48909-8202
(517) 241-6470
, ..
I
10. Signaturo of authorlud officer or agent Dato Phone (OptJonal)
TREASURER 8/17/05
~'>1
II UM! spate 1& ~eedlid, a:lditicnal paoe, may l>e rl)C1\ICM ;' Customer Anthony Rodriguez Phone: 408-954-1580
t-;-;~-;~o;;;~~-;;--'I Contact: 2216 O'Toole Ave.
San Jose, CA 95131
Fax:
Email:
408-383-5397
'i
~ · " ' ' " ' " ' • - ~ " " " " ' " " " ' ~ - - , , , , . _ . , ~ ..... ~/4'.....
l) 30 Days I This company is registered as:
~;,'.~l:\<21t~~,t,,;,r,i.S1,;@t,i£if~
rRegister,i l
r Broadbands Over Power Lines (BPL) Provider
P Competitive Access Provider (CAP)
!' )' New Registrants ji:: r Competitive Local Exchange Carrier (CLEC)
!~:, !',-"."
r-···""-"""""'""'"""'"'""'"'-'···--""'"~'"'-"""'-·'""~-1
; ) Login i r Incumbent Local Exchange Carrier (ILEC)
\ :-,;
r Interexchange Carrier (IXC)
r Payphone Provider (PP)
r Toll Reseller (TR)
r Operator Service Provider (OSP)
r Voice over Internet Protocol (VoIP) Provider
r Wireless Provider
rti~&~!~lfi~~~~:~;:~:~,~, ~.;•11'1\'"
~
STRUCTURE ACCESS (POLES, CONDUITS -· ,HTS OF WAY) AGREEMENT/SBC MIDWEST
Page I ol 24
116105
STAND-ALONE AGREEMENT FOR ACCESS
TO SBC COMMUNICATION INC.'S STRUCTURE
(POLES, CONDUITS, AND RIGHTS OF WAYS)
STRUCTURE ACCESS (POLES. CONDUITS ' .~HTS OF WAY) AGREEMENT/SBC MIDWEST
Page 24 of 24
116/05
AUTHORIZING SIGNATURES
TO SBC COMMUNICATION INC.'S STRUCTURE
(POLES, CONDUITS, AND RIGHTS OF WAYS)
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
NextG Net.vorks of Illinois, Inc., D/B/A NexiG Networks SBC Midwest D/B/A SBC Michigan
Central
Name:_John Georges._ _ _ _ _ __
(Print or Type)
Title: _ _President and CEO _ _ _ _ __
(Print or Type)
Date: I /_/ 3 / )--o6 .J-
/ I
_ _ _Milpitas, c,.________ Southfield, Ml
City and State of Execution by Applicant City and State of Execution by SBC Midwest
7
DATE (MM/DDNY)
ACORD,, CERTIFICATE OF LIABILITY INSURANCE I 01/30/2007
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Woodruff-Sawyer & Co. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
220 Bush St., 7th Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Francisco CA 94104
INSURERS AFFORDING COVERAGE
(415) 391-2141
INSURED INSURER A: American International Soecialty Lines
NextG Networks, Inc. NexlG Networks of[llinois, Inc. INSURER 8:
dba NextG Networks Central
INSURER C:
2216 O'Toole Avenue
!NSURERO:
San Jose, CA 95131
INSURER E:
'
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDIT10NS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
P!)_Ll£Y EFFECTIVE POLICY EXPIRATION
irJ~ TYPE OF INSURANCE POLICY NUMBER LIMITS
EACH OCCURRENCE $
~NERAL LIABILITY
• 's
FIRE DAMAGE (Any one lire)
COMMERCIAL GENERAL LIABILITY
I CLAIMS MADE OCCUR
MED EXP (Any one person)
PERSONAL & ADV INJURY I
- GENERAL AGGREGATE s
-
GEN'L AGGRnE LIMIT APnS PER:
PRODUCTS • COMP/OP AGG I
7 POLICY PB,P_c LDC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT
- ANY AUTO
(Ea accident)
'
- ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per person)
$
>--
HIRED AUTOS BODILY INJURY $
>-- (Per accident)
NON-OWNED AUTOS
>--
PROPERTY DAMAGE $
>-- (Per accident)
RRAGE LIABILITY
AUTO ONLY· EA ACCIDENT
EAACC
$
$
ANY AUTO OTHER THAN
AUTO ONLY: AGG s
• '
EACH OCCURRENCE
EXCESS LIABILITY
::::J. OCCUR CLAIMS MADE AGGREGATE
'I
l DEDUCTIBLE
RETENTION s
s
$
WORKERS COMPENSATION AND
l . ~X§T~I.~::,
. I !DJ!i·
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT I
E.L. DISEASE· EA EMPLOYE~ s
A oTHER Pollution Liabiltiy CPOI467489 08/31/2006 08/31/2007
E.L. DISEASE· POUCY UMIT
Limit '
$ 1,000,000
(Michigan) Deductible $ 5,000
$
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENOORSEMENTISPl:CIAL PROVISIONS
Issued.for Evidence of Insurance Purposes Only
CERTIFICATE HOLDER I I ADDITIONAL INSURED: INSURER LETTER: CANCELLATION 10 Day Notice for Non~Payment of Premium
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Muskegon DATE THEREOF, THE !SSUING INSURER WILL ENDEAVOR TO MAIL jQ__ DAYS WRITTEN
933 Terrace Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Muskegon,MI 49440 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
LOAN#:
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE r ~
MCU.,f'U.),.I
' @ACORD CORPORATION 1988
ACORD 25-S (7/97) ID#:
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S (7/97)
7
DATE \MM/00/YY)
ACORD," CERTIFICATE OF LIABILITY INSURANCE I 05/01/2007
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Woodruff-Sawyer & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
220 Bush St., 7th Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Francisco CA 94104
(415) 391-2141 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Hartford Casualty Insurance Company
NextG Network'klnc., NextG Networks of Illinois, Inc. INSURER 8: St. Paul Fire and Marine Insurance Company
dba NextG Net\1/or s Central
2216 O'Toole Avenue INSURER C:
San Jose, CA 95131 INSURER O;
' INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTA!N, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERE!N !S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POUC!ES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1~..s~ TYPE OF INSURANCE POLICY NUMBER
POLICY EFFECTIVE P2~~,Y EXPIRATION
LIMITS
A ~NERAL LIABILITY 57UUNTM8200 08/02/2006 08/02/2007 EACH OCCURRENCE $ I 000 000
,.K_ COMMERC!AL GENERAL LIABILITY FIRE DAMAGE (Any one firel $ Included
f----
=:J CLAIMS MADE CK] OCCUR MED EXP (Any one person) $ 10,000
f----
PERSONAL & ADV INJURY $ 1,000,000
f--
GENERAL AGGREGATE $ 2,000,000
n'LAGGRnE LIMIT APnS PER: PRODUCTS - COMP/OP AGG $ 2,000,000
POLICY ~.fR,: LOC
~TOMOBILE LIABILITY
A 57UUNTM8200 08/02/2006 08/02/2007 COMBINED SINGLE LIMIT 1,000,000
f----
ANY AUTO
ALL OWNED AUTOS
(Ea accident)
'
BODILY INJURY
f----
SCHEDULED AUTOS (Per peison) s
x
f----
HIRED AUTOS
BOOILY INJURY
s
X NON-OWNED AUTOS (Per accident)
f----
PROPERTY DAMAGE
f----
(Per accident) s
Fl
GARAGE LIABILITY"
ANY AUTO
AUTO ONLY - EA ACCIDENT
OTHER THAN
AUTO ONLY;
EAACC
AGG
'
$
'
A 0
EXCESS LIABILITY
OCCUR • ClAIMS MADE 57RHUTM8005 08/02/2006 08/02/2007
EACH OCCURRENCE
AGGREGATE
$
'
4.000.000
4.000 000
Fl DEDUCTIBLE
RETENTION $
$
s
$
B WORKERS COMPENSATION AND HTUB696 l CO 1706 x I T~~.~rnrN~ 1 10;,tt-
EMPLOYERS' LIABILITY 08/01/2006 08/01/2007
E.L. EACH ACCIDENT s 1,000,000
E.L. DISEASE - EA EMPLOYEf s 1,000,000
1,000,000
s'
E.L. DISEASE - POLICY LIMIT
OTHER
$
$
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Insurance coverage is provided as required by the METRO Act Pennit issued to NextG Networks of Illinois, Inc. by the City of Muskegon. The City of
Muskegon is named as an additional insured per fonn HG 00 01 10 01 attached, as respects any covered liability arising out ofNextG's perfonnance of
work under this 'METRO Act Permit issued by the City of Muskegon.
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION 10 Day Notice for Non-Payment of Premium
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Muskegon DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ..!Q_ DAYS WRITTEN
933 Terrace Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
Muskegon, Ml 49440 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS DR
LOAN#:
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE r ~
MCU,fltµJ
ACORD 25-5 (7/97) ID#:
' c, ACORD CORPORATION 1988
7
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S (7/97)
NAMED INSURED NextG Networks, Inc.
POLICY NUMBER 57LUNTM8200
f. Prejudgment interest awarded against the insured So long as the above conditions are met, attorneys'
on that part of the judgment we pay. If we make an fees incurred by us in the defense of that indemnitee,
offer to pay the applicable limit of insurance, we will necessary litigation expenses incurred by us and
not pay any prejudgment interest based on that necessary litigation expenses incurred by the
period of time after the offer. indemnitee at our request will be paid as
g. All interest on the full amount of any judgment that Supplementary Payments. Notwithstanding the
accrues after entry of the judgment and before we provisions of Paragraph 2.b.(2) of Section I - Coverage
have paid, offered to pay, or deposited in court the A - Bodily Injury And Property Damage Liability, such
part of the judgment that is within the applicable payments will not be deemed to be damages for "bodily
limit of insurance. injury" and "property damage" and will not reduce the
limits of insurance.
These payments will not reduce the limits of insurance.
Our obligation to defend an insured's indemnitee and to
2. tf we defend an insured against a "suit" and an pay for attorneys' fees and necessary litigation
indemnitee of the insured is also named as a party to expenses as Supplementary Payments ends when:
the "suit", we will defend that indemnitee if all of the
following conditions are met: a. We have used up the applicable limit of insurance
in the payment of judgments or settlements; or
a. The "suit" against the indemnitee seeks damages
for which the insured has assumed the liability of b. The conditions set forth above, or the terms of the
the indemnitee in a contract or agreement that is an agreement described in Paragraph f. above, are no
"insured contract"; longer met.
b. This insurance applies to such liability assumed by SECTION II - WHO IS AN INSURED
the insured; 1. If you are designated in the Declarations as:
c. The obligation to defend, or the cost of the defense a. An individual, you and your spouse are insureds,
of, that indemnitee, has also been assumed by the but only with respect to the conduct of a business of
insured in the same "insured contract"; which you are the sole owner.
d. The allegations in the "suit" and the information we b. A partnership or joint venture, you are an insured.
know about the "occurrence" are such that no Your members, your partners, and their spouses
conflict appears to exist between the interests of the are also insureds, but only with respect to the
insured and the interests of the indemnitee; conduct of your business.
e. The indemnitee and the insured ask us to conduct c. A limited liability company, you are an insured. Your
and control the defense of that indemnitee against members are also insureds, but only with respect to
such "suit" and agree that we can assign the same the conduct of your business. Your managers are
counsel to defend the insured and the indem nitee; insureds, but only with respect to their duties as
and your managers.
f. The indemnitee: d. An organization other than a partnership, joint
(1) Agrees in writing to: venture or limited liability company, you are an
insured. Your "executive officers" and directors are
(a) Cooperate with us in the investigation, insureds, but only with respect to their duties as
settlement or defense of the "suit"; your officers or directors. Your stockholders are
(b) Immediately send us copies of any demands, also insureds, but only with respect to their liability
notices, summonses or legal papers as stockholders.
received in connection with the "suit"; e. A trust, you are an insured. Your trustees are also
(c) Notify any other insurer whose coverage is insureds, but only with respect to their duties as
available to the indemnitee; and trustees.
( d) Cooperate with us with respect to 2. Each of the following is also an insured:
coordinating other applicable insurance a. Your "volunteer workers" only while performing
available to the indemnitee; and duties related to the conduct of your business, or
(2) Provides us with written authorization to: your "employees", other than either your "executive
(a) Obtain records and other information related officers" (if you are an organization other than a
to the "suit"; and partnership, joint venture or limited liability
company) or your managers (if you are a limited
(b) Conduct and control the defense of the liability company), but only for acts within the scope
indemnitee in such "suit". of their employment by you or while performing
duties related to the conduct of your business.
Page 8 of 16 HG 00 0110 01
However, none of these "employees" or "volunteer e. Any subsidiary, and subsidiary thereof, of yours
workers" are insureds for: which is a legally incorporated entity of which you
(1) "Bodily injury" or "personal and advertising own a financial interest of more than 50% of the
voting stock on the effective date of the Coverage
injury":
Part.
(a) To you, to your partners or members (if you
The insurance afforded herein for any subsidiary
are a partnership or joint venture), to your
not named in this Coverage Part as a named
members (if you are a limited liability
insured does not apply to injury or damage with
company), to a co-"employee" while in the respect to which an insured under this Coverage
course of his or her employment or Part is also an insured under another policy or
performing duties related to the conduct of would be an insured under such policy but for its
your business, or to your other "volunteer termination or the exhaustion of its limits of
workers" while performing duties related to insurance.
the conduct of your business;
3. With respect to "mobile equipment" registered in your
(b) To the spouse, child, parent, brother or sister name under any motor vehicle registration law, any
of that co-"employee" or that "volunteer person is an insured while driving such equipment
worker" as a consequence of Paragraph along a public highway with your permission. Any other
(1)(a) above; person or organization responsible for the conduct of
(c) For which there is any obligation to share such person is also an insured, but only with respect to
damages with or repay someone else who liability arising out of the operation of the equipment,
must pay damages because of the injury and only if no other insurance of any kind is available to
described in Paragraphs (1)(a) or (b) above; that person or organization for this liability. However, no
or person or organization is an insured with respect to:
(d) Arising out of his or her providing or failing to a. "Bodily injury" to a co-"employee" of the person
provide professional health care services driving the equipment; or
unless he or she is a nurse, emergency b. "Property damage" to property owned by, rented to,
medical technician or paramedic employed in the charge of or occupied by you or the em player
to provide such services. of any person who is an insured under this
(2) "Property damage" to property: provision.
(a) Owned, occupied or used by, 4. Any organization you newly acquire or form, other than
a partnership, joint venture or limited liability company,
(b) Rented to, in the care, custody or control of, and over which you maintain ownership or majority
or over which physical control is being interest, will qualify as a Named Insured if there is no
exercised for any purpose by other similar insurance available to that organization.
you, any of your "employees", "volunteer However:
workers", any partner or member (if you are a a. Coverage under this provision is afforded only until
partnership or joint venture), or any member (if
the 18oth day after you acquire or form the
you are a limited liability company). organization or the end of the policy period,
b. Any person (other than your "employee" or whichever is earlier;
"volunteer worker"), or any organization while acting
b. Coverage A does not apply to "bodily injury" or
as your real estate manager. "property damage" that occurred before you
c. Any person or organization having proper acquired or formed the organization; and
temporary custody of your property if you die, but c. Coverage B does not apply to "personal and
only: advertising injury" arising out of an offense
(1) With respect to liability arising out of the committed before you acquired or formed the
maintenance or use of that property; and organization.
(2) Until your legal representative has been 5. With respect to watercraft you do not own that is less
appointed. than 51 feet long and is not being used to carry
d. Your legal representative if you die, but only with persons for a charge, any person is an insured while
respect to duties as such. That representative will operating such watercraft with your permission. Any
have all your rights and duties under this Coverage other person or organization responsible for the
Part. conduct of such person is also an insured, but only with
respect to liability arising out of the operation of the
watercraft, and only if no other insurance of any kind is
available to that person or organization for this liability.
HG 00 0110 01 Page 9 of16
However, no person or organization is an insured with (g) Products which, after distribution or sale by
respect to: you, have been labeled or relabeled or used
a. "Bodily injury" to a co-"employee" of the person as a container, part or ingredient of any other
thing or substance by or for the vendor.
operating the watercraft; or
b, "Property damage" to property owned by, rented to, (2) This insurance does not apply to any insured
in the charge of or occupied by you or the employer person or organization, from whom you have
of any person who is an insured under this acquired such products, or any ingredient, part
or container, entering into, accompanying or
provision.
containing such products.
6. The following are also an insured when you have
b. Any person or organization from whom you. lease
agreed, in writing, in a contract or agreement that
equipment; but only with respect to their l1ab1llty
another person or organization be added as an
arising out of the maintenance, operation or use by
additional insured on your policy, provided the injury or
you of equipment leased to you by such person or
damage occurs subsequent to the execution of the
organization. A person's or organization's status a_s
contract or agreement. an insured under this paragraph ends when their
However, no such person or organization is an insured contract or agreement with you for such leased
under this provision if such person or organization is equipment ends.
included as an insured by an endorsement issued by
us and made a part of this Coverage Part. With respect to the insurance afforded these
additional insureds, the following additional
a. Any person or organization (referred to below as exclusions apply:
vendor), but only with respect to "bodily injury" or This insurance does not apply:
"property damage" arising out of "your products"
1. To any "occurrence" which takes place after the
which are distributed or sold in the regular course of
equipment lease expires;
the vendor's business, subject to the following
additional exclusions: 2. To "bodily injury" or "property damage" arising
out of the sole negligence of such person or
(1) The insurance afforded the vendor does not organization.
apply to:
c, Any person or organization from whom you. lease
(a) "Bodily injury" or "property damage" for which land or premises, but only with respect to hab1hty
the vendor is obligated to pay damages by arising out of the ownership, maintenance or use of
reason of the assumption of liability in a that part of the land or premises leased to you.
contract or agreement. This exclusion does
With respect to the insurance afforded these
not apply to liability for damages that the
additional insureds the following additional
vendor would have in the absence of the
exclusions apply:
contract or agreement;
This insurance does not apply to:
(b) Any express warranty unauthorized by you;
1, Any "occurrence" which takes place after you
(c) Any physical or chemical change in the cease to lease that land;
product made intentionally by the vendor;
2. Structural alterations, new construction or
(d) Repackaging, unless unpacked solely for the demolition operations performed by or on behalf
purpose of inspection, demonstration, of such person or organization.
testing, or the substitution of parts under d. Any architect, engineer, or surveyor, but only with
instructions from the manufacturer, and then respect to liability arising out of your premises or
repackaged in the original container; ongoing operations performed by you or on your
(e) Any failure to make such inspections, behalf.
adjustments, tests or servicing as the vendor With respect to the insurance afforded these
has agreed to make or normally undertakes additional insureds, the following additional
to make in the usual course of business, in exclusions apply:
connection with the distribution or sale of the
This insurance does not apply to "bodily injury",
products; "property damage" or "personal and advertising
(f) Demonstration, installation, servicing or injury" arising out of the rendering of or the failure to
repair operations, except such operations render any professional services by or for you,
performed at the vendor's premises in including:
connection with the sale of the product; 1. The preparing, approving, or failing to prepare or
approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders or
drawings and specifications; and
2. Supervisory, inspection, architectural or
engineering activities.
Page 10 of 16 HG 00 01 10 01
e. Any other person or organization who is not an 7. Subject to 5. above, the Medical Expense Limit is the
insured under Paragraphs a. through d. above, but most we will pay under Coverage C for all medical
only with respect to your operations, "your work" or expenses because of "bodily injury" sustained by any
facilities owned or used by you. one person.
No person or organization is an insured with respect to the The Limits of Insurance of this Coverage Part apply
conduct of any current or past partnership, joint venture or separately to each consecutive annual period and to any
limited liability company that is not shown as a Named remaining period of less than 12 months, starting with the
Insured in the Declarations. beginning of the policy period shown in the Declarations,
SECTION Ill - LIMITS OF INSURANCE unless the policy period is extended after issuance for an
additional period of less than 12 months. In that case, the
1. The Limits of Insurance shown in the Declarations and additional period will be deemed part of the last preceding
the rules below fix the most we will pay regardless of period for purposes of determining the Limits of Insurance.
the number of:
SECTION IV - COMMERCIAL GENERAL LIABILITY
a. Insureds; CONDITIONS
b. Claims made or "suits" brought; or 1. Bankruptcy
c. Persons or organizations making claims or bringing Bankruptcy or insolvency of the insured or of the
"suits". insured's estate will not relieve us of our obligations
2. The General Aggregate Limit is the most we will pay for under this Coverage Part.
the sum of: 2. Duties In The Event Of Occurrence, Offense, Claim
a. Medical expenses under Coverage C; Or Suit
b. Damages under Coverage A, except damages a. You must see to it that we are notified as soon as
because of "bodily injury" or "property damage" practicable of an "occurrence" or an offense which
included in the "products-completed operations may result in a claim.
hazard"; and (1) To the extent possible, notice should include:
c. Damages under Coverage B. (a) How, when and where the "occurrence" or
3. The Products-Completed Operations Aggregate Limit offense took place;
is the most we will pay under Coverage A for damages (b) The names and addresses of any injured
because of "bodily injury" and "property damage" persons and witnesses; and
included in the "products-completed operations
hazard". (c) The nature and location of any injury or
damage arising out of the "occurrence" or
4. Subject to 2. above, the Personal and Advertising offense.
Injury Limit is the most we will pay under Coverage B
for the sum of all damages because of all "personal (2) This Condition applies only when such
and advertising injury" sustained by any one person or "occurrence" or offense is known to:
organization. (1) You, if you are an individual;
5. Subject to 2. or 3. above, whichever applies, the Each (2) A partner, if you are a partnership;
Occurrence Limit is the most we will pay for the sum of: (3) A manager, if you are a limited liability
a. Damages under Coverage A; and company;
b. Medical expenses under Coverage C (4) An "executive officer" or insurance manager,
because of all "bodily injury" and "property damage" if you are a corporation; or
arising out of any one "occurrence". (5) Any trustee, if you are a trust.
6. Subject to 5. above, the Damage To Premises Rented b. If a claim is made or "suit" is brought against any
To You Limit is the most we will pay under Coverage A insured, you must:
for damages because of "property damage" to any one (1) Immediately record the specifics of the claim or
premises, while rented to you, or in the case of "suit" and the date received; and
damage by fire, lightning or explosion, while rented to
you or temporarily occupied by you with permission of (2) Notify us as soon as practicable.
the owner. You must see to it that we receive written notice of
In the case of damage by fire, lightning or explosion, the claim or "suit" as soon as practicable.
the Damage to Premises Rented To You Limit applies But this condition will not be considered breached
to all damage proximately caused by the same event, unless the breach occurs after such claim or "suit"
whether such damage results from fire, lightning or is known to anyone listed in 2.a.(2) above.
explosion or any combination of these.
HG 00 0110 01 Page 11 of 16
Commission Meeting Date: May 8, 2007
Date: May 7, 2007
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Approval of Resolution to submit Healthy Homes
Lead Grant
SUMMARY OF REQUEST: To approve the attached resolution and
instruct the Community and Neighborhood Services department to
complete grant to the U.S. Department of Housing and Urban
Development for the Healthy Homes Lead abatement for a possible 3
million dollars.
FINANCIAL IMPACT: The City could receive up to 3 million dollars for
lead abatement for homes in the City of Muskegon.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution
COMMITTEE RECOMMENDATION: The City Commission approved
earlier this year for the Community and Economic Development
department to work with an assigned consultant to prepare the grant.
Resolution
2007-39(d)
Whereas, The City of Muskegon is a Participating Jurisdiction in the U.S. Department of
Housing and Urban Development (HUD) Community Development Block Grant
Program (CDBG), and HOME programs.
Whereas, The City of Muskegon, has approximately 15, 999 Housing units, in the city.
Whereas, approximately 14,000 or 87.5% of the units in the City of Muskegon, were
built before 1979.
Whereas, the issue of Lead in housing is recognized as an important factor as it relates to
children's health.
Whereas, the Muskegon S.A.F.E. Housing program is applying for a Healthy Homes
Lead Safe Grant from the U.S. Department of Housing and Urban Development, in the
amount of 3 million dollars.
Now, Therefore Be It Resolved that the Muskegon City Commission hereby approves the
grant to be submitted by the Community and Neighborhood Service Office, under
S.A.F.E. Housing Muskegon, on May 18, 2007.
Adopted: May 8, 2007
Ayes: Warmington, Wierenga, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
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Ann Marie Becker, MMC
City Clerk
CERTIFICATION
2007-39(d)
This resolution was adopted at a regular meeting of the City Commission, held on May 8, 2007.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
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By: -~----'-.""".,,_,_\\-'-J.::...:.·~----\_,\_).=-=·_· '-
Ann Marie Becker, MMC
City Clerk
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