View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON CITY COMMISSION MEETING FEBRUARY 13, 2007 CITY COMMISSION CHAMBERS@ 5:30 P.M. AGENDA • CALL TO ORDER: • PRAYER: • PLEDGE OF ALLEGIANCE: • ROLL CALL: • HONORS AND AWARDS: • INTRODUCTIONS/PRESENTATION: • CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. Accept Resignation and Make Appointments lo Various Boards and Committees. CITY CLERK C. Purchase of Computer Equipment. PUBLIC SAFETY D. Contract Agreement-Pagers-American Messaging. PUBLIC SAFETY E. Agreement with Liberty Disposal Services-Fireworks Disposal. PUBLIC SAFETY F. Sale of Buildable Vacant Lot at 1364 Wesley Avenue. PLANNING & ECONOMIC DEVELOPMENT G. Purchase Agreement Between the City of Muskegon and the Downtown Development Corporation for the Downtown Redevelopment Right-of-Ways. PLANNING & ECONOMIC DEVELOPMENT H. Smartzone - Pre-Seed Fund Agreement. PLANNING & ECONOMIC DEVELOPMENT I. Transfer of Fire and 517M Employees to the Municipal Employees' Retirement System. FINANCE J. Budgeted Vehicle Replacement. PUBLIC WORKS K. Purchase of 1080 E. Laketon Avenue. COMMUNITY & NEIGHBORHOOD SERVICES L. Purchase of 627 E. Apple Avenue. COMMUNITY & NEIGHBORHOOD SERVICES M. Grant Applications for Safety Funds. ENGINEERING N. Deputy City Clerk Salary Range Change. CITY MANAGER • PUBLIC HEARINGS: A. Resolution Revoking the Personal & Real Property Components of the Industrial Development Certificate for Bekaert Corporation. PLANNING & ECONOMIC DEVELOPMENT B. Resolution Revoking a Personal Properly Industrial Development Certificate for Competitive Edge Wood Specialties, Inc. PLANNING & ECONOMIC DEVELOPMENT C. Create a Special Assessment District for Creston Street, Evanston to Laketon. ENGINEERING D. Create a Special Assessment District for Park Street, Hackley to Young. ENGINEERING • COMMUNICATIONS: • CITY MANAGER'S REPORT: • UNFINISHED BUSINESS: • NEW BUSINESS: A. Management Agreement for Fisherman's Landing. FINANCE B. Engineering Services Agreement for Traffic Signals Upgrade along Laketon Avenue between Creston and Lakeshore. ENGINEERING C. Request to Fly the Irish Flag. CITY CLERK D. 2007 • 2008 City Commission Goals. CITY MANAGER E. Concurrence with the Housing Board of Appeals Notice and Order to Demolish 487 W. Clay. PUBLIC SAFETY • ANY OTHER BUSINESS: • PUBLIC PARTICIPATION: • Reminder: Individuals who would like to address the City Commission shall do the tolfowing: • Fill out a request to speak form attached to the 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 MUSKEGON. PLEASE CONTACT ANN MARIE BECKER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, M! 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172. Date: February 13, 2007 To: Honorable Mayor and City Commissioners From: Ann Marie Becker, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting that was held on Tuesday, January 23 rd , and the Citv Commission Goal Setting Session that was held on Friday, January 26il',_ FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING FEBRUARY 13, 2007 CITY COMMISSION CHAMBERS@ 5:30 P.M. MINUTES The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, February 13, 2007. Mayor Warmington opened the meeting with a prayer from Dr. Gordon Aikin from the Central Assembly of God after which the Commission and public recited the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron, Commissioner Sue Wierengo, Chris Carter, Kevin Davis, Clara Shepherd, and Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Ann Marie Becker. 2007-14 CONSENT AGENDA: A. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting that was held on Tuesday, January 23rd , and the City Commission Goal Setting Session that was held on Friday, January 26 th • FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the minutes. B. Accept Resignation and Make Appointments to Various Boards and Committees. CITY CLERK SUMMARY OF REQUEST: To accept resignations from Mary Anne Riters from the Income Tax Board of Review and Duane Barnes from the Local Development Finance Authority; and make appointments to the Community Relations Boards and Committees. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: The Community Relations Committee recommended approval at their February 5th meeting. C. Purchase of Computer Equipment. PUBLIC SAFETY SUMMARY OF REQUEST: Police Department staff request that the Commission approve the use of Criminal Forfeiture Funds to purchase new computer hardware. These computers will be utilized in the Records Office, Traffic Office and Director's Office. The current computers are approximately 4 years old and we are beginning to experience a number of malfunctions. We would like to replace 12 computers. This bid was developed with the assistance of the Information Technologies Department. FINANCIAL IMPACT: Cost for this package is $15,242.32. This estimate includes 12 Microsoft Office licenses ($326.91 each) from CDWG Corporation. There is no impact on General Fund monies. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of this request. E. Agreement with Liberty Disposal Services-Fireworks Disposal. PUBLIC SAFETY SUMMARY OF REQUEST: The Director of Public Safety is requesting approval to enter into an agreement with Liberty Disposal Services Inc. of Iron Mountain, Michigan who will provide an approved container for the storage of confiscated fireworks. In return for providing the container, along with the removal of the confiscated material, Liberty gains the rights to this material. This procedure has been approved by the Bureau of Alcohol, Tobacco, Firearms and Explosives. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the agreement. F. Sale of Buildable Vacant Lot at 1364 Wesley Avenue. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 1364 Wesley Avenue (Parcel #24-6 l l-000-0259-00) to Erik Thorsen. The lot is 75 x 139 ft. and is being offered to Mr. Thorsen for $6,750. A single family home will be constructed. The home will be a single story and have a two stall attached garage, three bedrooms, two bathrooms, and a basement. The square footage of the home will have a minimum of 1260 square feet as required by the policy. FINANCIAL IMPACT: The sale of this lot for the construction of a single family home will generate additional tax revenue for the City and will place the property back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor and the Clerk to sign said resolution and deed. G. Purchase Agreement Between the City of Muskegon and the Downtown Development Corporation for the Downtown Redevelopment Right-of-Ways. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the donation of the former street right-of- ways to the City for the construction of Second Street from Clay to Morris; Jefferson Street from Clay to Western: Market Street from Western to Terrace; and First from Western to Clay. FINANCIAL IMPACT: The City would be responsible to pay for half of the closing costs and the registering of the deed. The DMDC will be responsible to pay half of the closing costs, title insurance, and any recordings to clear title. BUDGET ACTION REQUIRED: Payment would be made out of the Public Improvement Fund. STAFF RECOMMENDATION: To approve the Purchase Agreement and authorize both the Mayor and the Clerk to sign the documents necessary to acquire the property for the City right-of-way. H. Smartzone - Pre-Seed Fund Agreement. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: The City of Muskegon will be receiving $50,000 over a two-year period to assist with the administration of the Pre-Seed Loan fund through the State Smartzone program. The funding can be used for administration, as well as to assist potentially eligible applicants through the process. Since the loans are available throughout the Smartzone Area [not only on the actual Smartzone site - Edison Landing), staff is recommending that Muskegon Area First administer the program. FINANCIAL IMPACT: The City will be receiving $50,000 from the State of Michigan through the Pre-Seed Fund. These funds will be used to pay MAF for administrative services. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the Letter of Agreement between the City of Muskegon and Muskegon Area First and authorize the Mayor to sign. I. Transfer of Fire and 517M Employees to the Municipal Employees' Retirement System. FINANCE SUMMARY OF REQUEST: Members of the City's Firefighter and DPW/5l 7M unions have voted in favor of moving pension administration for their members to the Municipal Employees' Retirement System of Michigan. The change affects current employees who are members of the City's defined benefit pension plan. New hires and current members of the defined contribution plan are not impacted by this change. Approval of this change effectively means that the City will no longer have locally-administered pension plans. FINANCIAL IMPACT: MERS provides a cost-effective solution for retirement system administration. As the City faces tight budgets, it is essential that we take advantage of opportunities to maintain or improve service levels while lowering costs. MERS provides such an opportunity. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve the resolutions moving Fire and 517M employees to the Municipal Employees' Retirement System of Michigan and authorize the Mayor, Clerk and other required city officials to sign the documents necessary to implement this move. J. Budgeted Vehicle Replacement. PUBLIC WORKS SUMMARY OF REQUEST: Approval to purchase one Dodge Ram 1500 Quad Cab 4 x 4 truck. FINANCIAL IMPACT: $20,228.29 BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve purchase using the Michigan State Purchasing Contract. K. Purchase of 1080 E. Laketon Avenue. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To approve the purchase of 1080 E. Laketon Avenue from the U. S. Department of HUD for $1 through its Good Neighbor Program. This allows a municipality to purchase a home for one dollar, if a property is on the market for more than six months. After 1080 E. Laketon Avenue is obtained, the City will contract to have the house totally rehabilitated then sell it to a qualified family continuing the City's aggressive neighborhood revitalization efforts. FINANCIAL IMPACT: The dollar will come from Community and Neighborhood Services HOME program income fund. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the request to purchase the $1 home. L. Purchase of 627 E. Apple Avenue. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To approve the purchase of 627 E. Apple Avenue from the U. S. Department of HUD for $1 through its Good Neighbor Program. This allows a municipality to purchase a home for one dollar, if a property is on the market for more than six months. After 627 E. Apple Avenue is obtained, the City will contract to have the house totally rehabilitated then sell it to a qualified family continuing the City's aggressive neighborhood revitalization efforts. FINANCIAL IMPACT: The dollar will come from Community and Neighborhood Services HOME program income fund. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the request to purchase the $1 home. N. Deputy City Clerk Salary Range Change. CITY MANAGER SUMMARY OF REQUEST: To upgrade the salary range for the Deputy City Clerk position from Range X to Range IX of the Non-represented Employee Salary Schedule. FINANCIAL IMPACT: $3,049 is the difference in the top of the two ranges. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the requested salary range change. Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve the Consent Agenda as read minus item D and M. ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and Warmington Nays: None MOTION PASSES 2007-15 ITEMS REMOVED FROM THE CONSENT AGENDA: D. Contract Agreement-Pagers-American Messaging. PUBLIC SAFETY SUMMARY OF REQUEST: Public Safety Division staff request that the Commission consider our request to enter into a contract with American Messaging Services, LLC of White Lake, Michigan to provide paging services for emergency personnel. The service is used to disseminate emergency messages and for staff call-back. We have agreed to administer a master account that would also include Muskegon Central Dispatch, Muskegon Charter Township and the Fruitport Fire Department. We have requested service for 133 units. American Messaging Services has quoted a price of $5.25 per unit, which results in a 17% savings over the previous contract with Verizon Wireless. American Messaging Services recently purchased the paging service from Verizon. We are requesting that the agreement be for two years. FINANCIAL IMPACT: The cost is provided for in the 2007 budget and will be a part of the 2008 budget. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of this request. Motion by Commissioner Davis, second by Commissioner Spataro to approve the contract agreement for pagers with American Messaging Services, LLC. ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and Wierengo Nays: None MOTION PASSES M. Grant Applications for Safety Funds. ENGINEERING SUMMARY OF REQUEST: Authorize staff, by adopting the resolution, to submit the following projects for possible Safety Funds in 2008: 1. Sherman @ Henry intersection improvements; estimated total cost of the project is $200,000, local match is $50,000. 2. Sidewalks along the north side of Sherman between Barclay & Henry; estimated total cost is $50,000 of which $15,000 would be the local match. FINANCIAL IMPACT: A local share of 25% will be required for all projects. BUDGET ACTION REQUIRED: None at this time. Should either or both be approved for grants, they will be listed in the 2008 budget. STAFF RECOMMENDATION: Authorize staff to submit the applications. Motion by Commissioner Spataro, second by Commissioner Shepherd to approve the grant applications for Safety Funds making the sidewalk contingent on securing the necessary right-of-way. ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo, and Carter Nays: None MOTION PASSES 2007-16 PUBLIC HEARINGS: A. Resolution Revoking the Personal & Real Property Components of the Industrial Development Certificate for Bekaert Corporation. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Pursuant to Public Act 198 of 197 4, as amended, the City of Muskegon requests that the personal property component and the real property component of the Industrial Development Certificate No. 01-329 issued to Bekaert Corporation be revoked. The certificate was originally requested June 14, 2001 by Bekaert Corporation. Bekaert Corporation ceased operations in 2006 and the building is vacant. FINANCIAL IMPACT: Bekaert Corporation will reimburse the abated taxes. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To hold a public hearing and authorize the Mayor and Clerk to sign the resolution revoking the personal property component and the real property component of IFT Certificate No. 01-329. Motion by Vice Mayor Gawron, second by Commissioner Carter to close the Public Hearing and authorize the resolution revoking the personal property and real property component of the Industrial Development Certificate for Bekaert Corporation. ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter, and Davis Nays: None MOTION PASSES B. Resolution Revoking a Real Property Industrial Development Certificate for Competitive Edge Wood Specialties. Inc. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, the City of Muskegon requests that the real property component of the Industrial Development Certificate No. 99-053 issued to Competitive Edge Wood Specialties, Inc. be revoked. The certificate was originally requested November 24, 1998 by Competitive Edge Wood Specialties, Inc. Competitive Edge Wood Specialties, Inc. ceased operations in 2006 and the building is vacant. FINANCIAL IMPACT: Competitive Edge Wood Specialties, Inc. will reimburse the abated taxes. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To hold a public hearing and authorize the Mayor and Clerk to sign the resolution revoking the real property component of IFT Certificate No. 99-053. Motion by Commissioner Spataro, second by Vice Mayor Gawron to close the Public Hearing and adopt the resolution revoking the real property component of the Industrial Development Certificate for Competitive Edge Wood Specialties, Inc. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis, and Gawron Nays: None MOTION PASSES C. Create a Special Assessment District for Creston Street. Evanston to Laketon. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment for Creston Street, Evanston to Laketon and to create the special assessment district and appoint two City Commissioners to the Board of Assessors if it is determined to proceed with the project. FINANCIAL IMPACT: None at this time. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To create the special assessment district and assign two City Commissioners to the Board of Assessors by adopting the resolution. Motion by Commissioner Carter, second by Commissioner Shepherd to close the Public Hearing and create the special assessment district for Creston Street, Evanston to Laketon. ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and Shepherd Nays: None MOTION PASSES Mayor Warmington appointed Commissioner Carter and Wierenga to the Board of Assessors. D. Create a Special Assessment District for Park Street, Hackley to Young. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment for Park Street, Hackley to Young, and to create the special assessment district and appoint two City Commissioners to the Board of Assessors if it is determined to proceed with the project. FINANCIAL IMPACT: None at this time. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To create the special assessment district and assign two City Commissioners to the Board of Assessors by adopting the resolution. Motion by Commissioner Carter, second by Commissioner Spataro to close the Public Hearing and create the special assessment district for Park Street, Hackley to Young. ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd, and Spataro Nays: None MOTION PASSES Mayor Warmington appointed Commissioner Spataro and Vice Mayor Gawron to the Board of Assessors. 2007-17 NEWBUSINESS: A. Management Agreement for Fisherman's Landing. FINANCE SUMMARY OF REQUEST: The proposed agreement for management of Fisherman's Landing is for the next seven years. Staff has met with Fisherman's Landing representatives on several occasions to work out details of the agreement and to forge a stronger relationship with the group. Key provisions of the new agreement: • Fisherman's Landing assumes responsibility for grass mowing and peak- season electric costs; • Fisherman's Landing to provide financial reports and meet periodically with staff; • Fisherman's Landing to submit for approval site plan of improvements and campground expansion; • Facility to move towards self-sufficiency and further relieve city of financial obligations Staff believes Fisherman's Landing, Inc. is in the best position to manage the facility and oversee its continued future growth. Both parties recognize the need to improve communications. The agreement also contains a thirty-day termination clause. FINANCIAL IMPACT: Estimated $10,000 cost savings to City by additional responsibilities being taken on by Fisherman's Landing manager. Goal to make facility completely self-supporting. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: Approval. Motion by Commissioner Spataro, second by Commissioner Shepherd to approve the management agreement for Fisherman's Landing. ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and Warmington Nays: None MOTION PASSES B. Engineering Services Agreement for Traffic Signals Upgrade along Laketon Avenue between Creston and Lakeshore. ENGINEERING SUMMARY OF REQUEST: Authorize staff to enter into an engineering services agreement with Wade Trim Inc. out of Grand Rapids to provide the design, plans and specification to upgrade the traffic signals along Laketon Avenue. This upgrade would provide for the conversion to light emitting diode (LED) signals that will save a considerable amount of energy usage and also a better progression by installing loop detectors. Wade Trim is being recommended for three main reasons: A. We already have a contract with them for two other projects, signal installation at Harvey & Marquette and the conversion of Muskegon & Webster projects. B. Their proposed fee of $20,500 is very reasonable C. To meet a tight schedule set by Michigan Department of Transportation's schedule to secure the federal funds. FINANCIAL IMPACT: $8,400 for the design and specifications. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Wade Trim Inc. Motion by Vice Mayor Gawron, second by Commissioner Davis to authorize staff to enter into an agreement with Wade Trim Inc. for traffic signal upgrade along Laketon Avenue between Creston and Lakeshore. ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and Wierengo Nays: None C. Request to Fly the Irish Flag. CITY CLERK SUMMARY OF REQUEST: The Muskegon Irish American Society is requesting permission to fly the Irish Flag at Hackley Park from Friday, March 16 th to celebrate St. Patrick's Day through Friday, March 23 rd . FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Deny the request because there is only one flag staff at Hackley Park which has the American flag on it. Offer the alternative to fly the flag at City Hall as is current practice. Motion by Commissioner Spataro, second by Commissioner Shepherd to approve the request to fly the Irish Flag at City Hall as is current practice. ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo, and Carter Nays: None MOTION PASSES D. 2007 - 2008 City Commission Goals. CITY MANAGER SUMMARY OF REQUEST: To adopt the 2007 - 2008 City Commission goals. FINANCIAL IMPACT: None at this time. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the Vision, Value and Mission statements and the 2007 - 2008 goals. COMMITTEE RECOMMENDATION: The City Commission determined these goals at their annual goal setting session on January 26, 2007. Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve the Vision, Value and Mission statements and the 2007-2008 goals. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis, and Gawron Nays: None MOTION PASSES E. Concurrence with the Housing Board of Appeals Notice and Order to Demolish 487 W. Clay. PUBLIC SAFETY SUMMARY OF REQUEST: This is to request that the City Commission concur with the findings of the Housing Board of Appeals that the structure located at 487 W. Clay is unsafe, substandard, a public nuisance and that it be demolished within thirty days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. FINANCIAL IMPACT: General Funds BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. Motion by Commissioner Spataro, second by Commissioner Carter to concur with the Housing Board of Appeals notice and order to demolish 487 W. Clay. ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, and Shepherd Nays: Wierengo MOTION PASSES ANY OTHER BUSINESS: Mayor Warmington thanked Commissioner Shepherd for representing the City on the MML Legislative Governance Committee. Commissioner Shepherd commended Pat Bice, Administrative Secretary to the City Manager's Office, for her effort and work for Black History Month. PUBLIC PARTICIPATION: The following spoke on the Commission's decision to demolish 487 W. Clay: Michael Dewitt; Scott Sieradzki, 1074 Kampenga; and Mr. Vink, 1148 Terrace Manor. ADJOURNMENT: The City Commission Meeting adjourned at 6:37 p.m. Respectfully submitted, Ann Marie Becker, MMC City Clerk Date: February 13, 2007 To: Honorable Mayor and City Commissioners From: City Clerk RE: Accept Resignation and Make Appointments to Various Boards and Committees SUMMARY OF REQUEST: To accept resignations from Mary Anne Riters from the Income Tax Board of Review and Duane Barnes from the Local Development Finance Authority; and make appointments to the Community Relations Boards and Committees. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: The Community Relations Committee recommended approval at their February 5th meeting. CITY OF MUSKEGON COMMUNITY RELATIONS COMMITTEE APPOINTMENTS TO COMMITTEES/BOARDS Board of Review Ralph Burr - citizen Donald Haas - citizen Georgia Strube - citizen Citizen's Police Review Board Ann Craig- neighborhood association representative Dardinella Hippchen - neighborhood association representative William Muhammad - minority based organization Adelia Winchel - citizen at-large Quintan Cooley- citizen at-large Sonya Hernandez - minority based organization CDBG Citizen's District Council Virgie Jackson - target area representative Addie Sanders-Randall - citizen at-large Michael Miller - at-large Ryan McCabe - target area representative Construction Code Board of Appeals Kevin Donovan - construction manager Matthew Tighe - mechanical Vicki Webster- public health District Library Board Craig Brown commencing July 1, 2007 Downtown Development Authority Paul Edbrooke - interest in the property in the district Martha Bottomley- citizen Rich Taylor - citizen Election Commission Elwyn Drent - citizen Equal Opportunity Committee Romelia Ealom - citizen Luis Suarez - citizen Douglas Beecham - citizen Historic District Commission Tim Bosma - registered architect Karen Panozzo - reside or have occnpational or financial interest in historic district Housing Code Board of Appeals Ed Simmons - citizen Gregory Borgman - citizen Income Tax Board of Review James Davies - resident Land Reutilization Commission Clement Coulombe - officer of a financial institution Leisure Services Board Gregory Roberts - citizen at-large Laura Kolberg - citizen at-large Local Development Finance Authority Faye Redmond Public Relations Committee Bill Loxterman - person with marketing and/or public relations background John VanWyck- person with marketing and/or public relations background Debra Brown-Hendrickson - citizen at-large Zoning Board of Appeals Jane Cling-man Scott - resident Bill Larson - resident CITY COMMISSION MEETING Tuesday, February 13, 2007 TO: Honorable Mayor and City Commissioners FROM: Anthony L. Kleibecker Director of Public Safety DATE: January 23, 2007 SUBJECT: Purchase of Computer Equipment SUMMARY OF REQUEST: Police Department staff request that the Commission approve the use of Criminal Forfeiture Funds to purchase new computer hardware. These computers will be utilized in the Records Office, Traffic Office and Director's Office. The current computers are approximately 4 years old and we are beginning to experience a number of malfunctions. We would like to replace 12 computers. This bid was developed with the assistance of the Information Technologies Department. Specifications for the computers are attached. FINANCIAL IMPACT: Cost for this package is $15,242.32. This estimate includes 12 Microsoft Office licenses ($326.91 each) from CDWG Corporation. There is no impact on General Fund monies. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of this request. Page 1 of2 DELL QUOTATION QUOTE #: 343585864 Customer #: 3923456 Contract #: N39913562 CustomerAgreement #: A63307 Quote Date: 1/22/07 Date: 1/22/07 3:20:34 PM Customer Name: CITY OF MUSKEGON TOTAL QUOTE AMOUNT: $1,975.60 Product Subtotal: $1,975.60 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 1 GROUP: 1 IQUANTITY: 2 SYSTEM PRICE: $987.80 I GROUP TOTAL: $·1,975.60 Base Unit: OptlPlex 320 Desktop,Penllum D92513.00GHz,2X2M,800FSB (222-3453) Processor: NTFS File System,Facto,y Install (420-3699) Memory: 1.0GB,Non-ECC,533MHz DDR2,1x1GB,Op11Plex 320 (311-6751) Keyboard: Dell USB Keyboard,No Hot Keys English,Black,Optlplex (310-8010) Dell E197FP,19 Inch Flat Panel19.0 Inch Vlewable Image Size OptlPlex,Preclslon and Latitude Monitor: (320-4963) 128MB ATI Radeon X1300 GraphicCard,w/DVI and TV Out,Low Profile,OptiPlex 320 Desktop and Video Card: 745 Small Form Factor (320-4930) Hard Drive: 80GB SATA 3.0Gb/s and 8MB DataBursl Cache,Dell OptlPlex 320 and 745 (341-4214) Floppy Disk Drive: 3.5 inch,1.44MB,Floppy Drive Dell OptlPlex 320 and 745 Desktop or Mlnltower{341-3840) Windows XP Professional Service Pack 2,with Media,DellOptlPlex 320, 740 and 745 Operating System: Engllsh,Facto,y Install (420-6287) Mouse: Dell USB Premium Optical 5-Button Mouse,Black,OptlPlex (310-8218) TBU: RoHS Compliant Lead Free Chassis and Motherboard,Dell OptlPlex (464-1131) 16X DVD+/-RW,Black,Roxio Creator Dell Editlon,Dell OptiPlex 320 Desktop or Minltower (313· CD-ROM or DVD-ROM Drive: 4734) Speakers: Internal Chassis Speaker Option,Dell OptiPlex Desktop (313-3351) Documentation Diskette: Resource CD contains Diagnostics and Drivers for Dell OptlPlex 320 (313-4383) Factory Installed Software: Energy Smart,Energy Star Labellng,EIST for OptiPlex (if applicable) (310-8344) Service: Type 3 Contract-Next BusinessDay Parts and Labor On-Site Response, lnH:lal Year (980-8910) Type 3 Contract-Next BuslnessDay Parts and Labor On-Site Response, 2YR Extended (980· Service: 2172) Service: Dell Hardware Warranty Plus Onsite Service, Initial Year (985-4777) Service: Dell Hardware Warranty Plus Onslte Service, Extended Year (985-4578) Installation: Standard On-Site Installation Declined (900-9987) SALES REP: Dale Maudru PHONE: 1800-879-3355 Email Address: dale_maudru@dell.com Phone Ext: 7238889 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at www.dell.comL(lllote file://C:\Documents and Settings\boeslj\Local Settings\Temporary Internet Files\OLK7D0\Quote343585... 1/23/2007 Page I of2 DELL QUOTATION QUOTE#: 343585186 Customer #: 3923456 Contract#: N39913562 CustomerAgreement #: A63307 Quote Date: 1/22/07 Date: 1/22/07 3:20:33 PM Customer Name: CITY OF MUSKEGON TOTAL QUOTE AMOUNT: $9,343.80 Product Subtotal: $9,343.80 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 1 GROUP: 1 louANTITY: 10 SYSTEM PRICE: $934.381 GROUP TOTAL: $9,343.80 Base Unit: OptlPlex 320 Desktop,Pentlum 0925/3.00GHz,2X2M,800FSB (222-3453) Processor: NTFS File System,Factory Install (420-3699) Memory: 1.0GB,Non-ECC,533MHz DDR2,1x1GB,Op11Plex 320 (311-6751) Keyboard: Dell USB Keyboard,No Hot Keys Engllsh,Black,Optlplex (310..S010) Dell E177FP,17 Inch Flat Panel17.0 Inch Viewable Image Size OpUPlex,Precision and Latitude Monitor: (320-4958) 128MB ATI Radeon X1300 GraphlcCard,w/DVI and TV Out,Low Profile,OptiPlex 320 Desktop Video Card: and 745 Small Form Factor (320-4930) Hard Drive: 80GB SATA 3.0Gb/s and 8MB DataBurst Cache,Dell OptlPlex 320 and 745 (341-4214) Floppy Disk Drive: 3.5 inch, 1.44MB,Floppy Drive Dell OptiPlex 320 and 745 Desktop or Minltower (341 -3840) Windows XP Professional Service Pack 2,with Media,DellOptiPlex 320, 740 and 745 Operating System: Engllsh,Factory Install (420-6287) Mouse: Dell USB Premium Optical 5-Button Mouse,Black,OptlPlex (310-8218) TBU: RoHS Compliant Lead Free Chassis and Motherboard,Dell OptiPlex (464-1131} 16X DVD+/-RW,Black,Roxlo Creator Dell Edltlon,Oell OptlPlex 320 Desktop or Mlnltower (313- CD-ROM or DVD-ROM Drive: 4734) Speakers: Internal Chassis Speaker Optlon,Dell OptiPlex Desktop (313-3351) Documentation Diskette: No Resource CD for Dell Optlplex,Preclslon and Latitude Systems (313-3673) Factory Installed software: Energy Smart,Energy Star Labellng,EIST for OptiPlex (If applicable) (310-8344) Service: Type 3 Contract -Next BusinessDay Parts and Labor On-Site Response, Initial Year (980-8910) Type 3 Contract -Next BuslnessDay Parts and Labor On-Site Response, 2YR Extended (980- Service: 2172) Service: Dell Hardware Warranty Plus Onslte Service, Initial Year (985-4777) Service: Dell Hardware Warranty Plus Onsite Service, Extended Year (985-4578} Installation: Standard On-Site Installation Declined (900-9987) SALES REP: Dale Maudru PHONE: 1800-879-3355 Email Address: dale maudru@dell.com Phone Ext: 7238889 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at www.dell.com/quote file://C:\Documents and Settings\boeslj\Local Settings\Temporary Internet Files\OLK7D0\Quote_343585... 1/23/2007 City Commission Meeting Tuesday February 13, 2007 TO: Honorable Mayor and City Commissioners FROM: Anthony L. Kleibecker, Director of Public Safety DATE: January 30, 2007 SUBJECT: Agreement with Liberty Disposal Services-Fireworks Disposal Summaiy of Request: The Director of Public Safety is requesting approval to enter into an agreement with Liberty Disposal Services Inc. (Liberty) of Iron Mountain, Michigan who will provide an approved container for the storage of confiscated fireworks. In return for providing the container, along with the removal of the confiscated material, Liberty gains the rights to this material. This procedure has been approved by the Bureau of Alcohol, Tobacco, Firearms and Explosives Financial Impact: None Budget Action Required: None Staff Recommendation: Approval of the agreement. PO Box 401 Phone/Fax: 866.933.4776 Iron Mountain, MI 4980 l www.libertydisposalinc.com August 23, 2006 ,.:·!-·~··~------------ Major Metcalf, Fire Marshal, MFD Muskegon Fire Department 75 WWaltonAve Muskegon,Ml49440 Mr. Metcalf: Thank you for recently contracting Liberty Disposal Services, Inc. We greatly appreciate your business and look forward to working with you in the future. As you indicated during our telephone conversation the Muskegon Fire Department may be interested in receiving a container for storage needs. LDS would be pleased to supply your department with a cost effective solution that will minimize your burden. LDS specializes in the storage and removal of 1.4G fireworks. We pride ourselves in providing our clients with the best, most cost effective service available. We would like to supply Muskegon Fire Department with an approved metal container for the storage of confiscated fireworks pending the outcome of the newly proposed Michigan Fireworks law. Your attached proposal is based on your current needs and can be adjusted as we customize your services. I look forward to discussing this proposal with you in more detail shortly. Please contact me at any time with additional questions or requests. Sincerely, Todd Dooley President Enclosure PO Box 401 Phone/Fax: 866.933.4776 Iron Mountain, MI 4980 I www.libertydisposalinc.com STORAGE AND DISPOSAL SERVICES ----A-ugustz3,2606------- -·· · · · --- Prepared for: Major Metcalf Fire Marshal, MFD Prepared by: Todd Dooley President Outline of the complete proposal, including objectives, scope of services, identification of responsibilities, and benefits. DESCRIPTION Muskegon Fire Department is in need of storage space for seized 1 AG fireworks. With limited storage space the department is overburdened with confiscated fireworks. Outsourcing this storage will allow the department to focus on other aspects of their duties. OBJECTIVE Supply the Muskegon Fire Department with an approved metal container for the storage of I AG fireworks. This container will hold 1.4G confiscated fireworks from the Muskegon Fire Department and various departments from neighboring towns/counties within the state of Michigan. LIBERTY DISPOSAL SERVICES, INC. RESPONSIBILITIES 1. Supply the Muskegon Fire Department with an approved metal storage container at no cost to the department. 2. Provide 1AG placards, if needed, for the outside of the storage container and any seized items requiring placards inside the container. 3. Establish scheduled pickups of the confiscated material from storage exclusively by LOS at no charge to the department. MUSKEGON FIRE DEPARTMENT RESPONSIBILITIES 1. This project demands some involvement by personnel. To help achieve a smooth and successful execution, it will be your responsibility to perform the following: PO Box 401 Phone/Fax: 866.933.4776 Iron Mountain, MI 4980 I www.libertydisposalinc.com 2. Inventory items that are stored in the container. 3. Take photos of the confiscated items for inventory purposes. 4. Make sure that nothing but I .4G fireworks are stored in the container. 5. Properly box, placard and stack the confiscated fireworks onto pallets for later pickup. 6. Provide maintenance and security, if needed, for the storage container. 7. Use ofLDS exclusively for the removal of any material that is stored in the container. 8. Allow nearby department's storage of confiscated fireworks in the container. These items will be boxed, placarded and inventoried before delivery to the storage container by the other departments using this service. BENEFITS Benefits include timely and accurate reporting for safe storage of explosive material. It will also provide safe storage for seized material before and after litigation. No upfront costs will be incurred by the Muskegon Fire Department. COST INFORMATION 40' Container $2,400.00 Delivery --··- _____ _ _ ·-- . ____$125.00 __,......,~e-J-. --1- 0 tional Paint $400.00 Paid by Liberty Disposal .. .. I<>t~I_E_x_p_e11se:_J~,9_25 __ ______S,ervices, Inc. _ _ -···. Used metal, wind and water tight, 40' standard (8'6" .. _ _ __ __ Features -~!gh) with a lockable 7' 6" door O[Jening on one end ... Painting would possibly make ii last longer. They General comments: would deliver and dro container. We greatly appreciate the opportunity to service your storage and disposal needs. If you would like to further discuss this proposal, or have any questions or requests, please contact me at any time. Thank you. CITY OF MUSKEGON DIVISION OF PUBLIC SAFETY Anthony L. Kleibecker Director of Public Safety February 14, 2007 Mr. Todd Dooley Liberty Disposal Services, Inc. P.O. Box401 Iron Mountain, Michigan 49801 Dear Mr. Dooley: The Muskegon City Commission has approved my request to enter into an agreement for services as outlined in your letter of August 23, 2006. Please consider this as my authorization to execute this agreement. Fire Marshal Major Metcalf or Inspector Scott Hemmelsbach will serve as our point of contact with you. Thank you for offering to provide this valuable service to the city. Sincerely, ~L.I~ Anthony L. Kleibecker Director of Public Safety cc: Deputy Director Mark Kincaid Fire Marshall Major Metcalf /city Clerk 980 Jefferson Street www.muskegonpolice.com Phone: (231) 724-6955 Muskegon, Michigan Fax: (231) 725-2043 49443-0536 PO Box 401 Phone/Fax: 866,933.4776 Iron Mountain, MI 4980 I www.libertydisposalinc.com August 23, 2006 Major Metcalf, Fire Marshal, MFD Muskegon Fire Department 75 W Walton Ave Muskegon,MI49440 Mr. Metcalf: Thank you for recently contracting Liberty Disposal Services, Inc. We greatly appreciate your business and look forward to working with you in the future. As you indicated during our telephone conversation the Muskegon Fire Department may be interested in receiving a container for storage needs. LDS would be pleased to supply your department with a cost effective solution that will minimize your burden. LDS specializes in the storage and removal of 1.4G fireworks. We pride ourselves in providing our clients with the best, most cost effective service available. We would like to supply Muskegon Fire Department with an approved metal container for the storage of confiscated fireworks pending the outcome of the newly proposed Michigan Fireworks law. Your attached proposal is based on your current needs and can be adjusted as we customize your services. I look forward to discussing this proposal with you in more detail shortly. Please contact me at any time with additional questions or requests. Sincerely, Todd Dooley President Enclosure PO Box 401 Phone/Fax: 866.933.4776 Iron Mountain, MI 49801 www.libertydisposalinc.com STORAGE AND DISPOSAL SERVICES August 23, 2006 Prepared for: Major Metcalf Fire Marshal, MFD Prepared by: Todd Dooley President Outline of the complete proposal, including objectives, scope of services, identification of responsibilities, and benefits. DESCRIPTION Muskegon Fire Department is in need of storage space for seized I .4G fireworks. With limited storage space the department is overburdened with confiscated fireworks. Outsourcing this storage will allow the department to focus on other aspects of their duties. OBJECTIVE Supply the Muskegon Fire Department with an approved metal container for the storage of I .4G fireworks. This container will hold I AG confiscated fireworks from the Muskegon Fire Department and various departments from neighboring towns/counties within the state of Michigan. LIBERTY DISPOSAL SERVICES, INC. RESPONSIBILITIES I. Supply the Muskegon Fire Department with an approved metal storage container at no cost to the department. 2. Provide I .4G placards, if needed, for the outside of the storage container and any seized items requiring placards inside the container. 3. Establish scheduled pickups of the confiscated material from storage exclusively by LDS at no charge to the department. MUSKEGON FIRE DEPARTMENT RESPONSIBILITIES I. This project demands some involvement by personnel. To help achieve a smooth and successful execution, it will be your responsibility to perform the following: PO Box 401 Phone/Fax: 866.933.4776 Iron Mountain, MI 4980 I www.libertydisposalinc.com 2. Inventory items that are stored in the container. 3. Take photos of the confiscated items for inventory purposes. 4. Make sure that nothing but 1.4G fireworks are stored in the container. 5. Properly box, placard and stack the confiscated fireworks onto pallets for later pickup. 6. Provide maintenance and security, if needed, for the storage container. 7. Use ofLDS exclusively for the removal of any material that is stored in the container. 8. Allow nearby department's storage of confiscated fireworks in the container. These items will be boxed, placarded and inventoried before delivery to the storage container by the other departments using this service. BENEFITS Benefits include timely and accurate reporting for safe storage of explosive material. It will also provide safe storage for seized material before and after litigation. No upfront costs will be incurred by the Muskegon Fire Department. COST INFORMATION .. Item Cost 40' Container $2,400.00 Delivery $125,00 0 tional Paint $400.00 Paid by Liberty Disposal Total Expense: $2,925 Services, Inc, Used metal, wind and water tight, 40' standard (8'6" Features high) with alockable T 6" doorop~eningo~one end. Painting would possibly make it last longer. They General comments: would deliver and dro container. We greatly appreciate the opportunity to service your storage and disposal needs. If you would like to further discuss this proposal, or have any questions or requests, please contact me at any time. Thank you. Commission Meeting Date: February 13, 2007 Date: February 2, 2007 To: Honorable Mayor & City Commission From: Planning & Economic Development Department def.,, RE: Sale of Buildable Vacant Lot at 1364 Wesley Ave. SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 1364 Wesley Avenue (Parcel #24-611-000- 0259-00) to Erik Thorsen. The lot is 75 x 139 ft. and is being offered to Mr. Thorsen for $6,750. A single family home will be constructed. The home will be a single story and have a two stall attached garage, three bedrooms, two bathrooms, and a basement. The square footage of the home will have a minimum of 1260 square feet as required by the policy. FINANCIAL IMPACT: The sale of this lot for the construction of a single family home will generate additional tax revenue for the City and will place the property back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the attached resolution and to authorize both the Mayor and the Clerk to sign said resolution and deed. COMMITTEE RECOMMENDATION: None. I Resolution No. 2007-14 ( f) MUSKEGON CITY COM1\.1ISSION RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 1364 WESLEY A VENUE IN MARQUETTE NEIGHBORHOOD FOR $6,750. WHEREAS, Erik Thorsen be allowed to purchase the parcel designated as parcel number 24- 611-000-0259-00, located at 1364 Wesley Avenue for $6,750; and WHEREAS, the price for parcel number 24-611-000-0259-00 is set by the City at $6,750, which is 75% of the True Cash Value (TCV) listed in the City Assessor's Office; and WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of further maintenance costs; and WHEREAS, the sale is consistent with City policy regarding the disposition of buildable lots. NOW THEREFORE BE IT RESOLVED, that parcel number 24-611-000-0259-00, located at 1364 Wesley Avenue be sold to Erik Thorsen for $6,750. CITY OF MUSKEGON URBAN RENEWAL PLAT NQ 2 LOT 259 Adop~d February 13, 2007 Ayes: Wierenga, Carter, Davis, Gawron, Shepherd, Spataro, and Warmington Nays: None Absent None ~~~~~~~~---- he J. Wa mgton Mayo,r--- Attest:~ ~"'-l; \ ¼ ,~t \ ~--t-L.((, 1 Ann Marie Becker, MMC City Clerk 2007-14(f) CERTIFICATION I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on February 13, 2007. By:~ ~ '\"\>,JW-, 12,1'..cl "\ Ann Marie Becker, MMC City Clerk City-Owned Property to Sell lII I I 11! liJJ :r l I I f I'11 '1 rut I I I I ' I r 111~ I f- ~I"'". 17k)f---1 ! LBE ,,iL I I ' I •, ' •, I '. ' •I CID I I I I I I 1364 Wesley· I,' , 1 1 I ' I , I -,t---=:::;;; 75 x 13 9 F7 vJEstEYAV 1m I I i I I \I: I I I I -..-~.-,--r-r------, °< I I I I I I I u~~~-~-~~~ I I ' I I i---1 J j J II I II / I I I /I I II I l I I I !I I / I D Nelghbochood entecp,fse ,one d>rntshp Text Stceet I LJ Parcel N 7 I I I I I I I I I I I IIT-11111r~ nn7li.4a I I I ''' W*E s REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is m a d e - - - - - - - - - ~ 2007, by and between the CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon, Michigan 49440 ("Seller"), and ERIK THORSEN, a single man, of 1821 Duff Road Twin Lake, Michigan 49457 (''Buyer"). 1. General Agreement and Description of Premises. Seller agrees to sell, and Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways, the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as: CITY OF MUSKEGON URBAN RENEW AL PLAT NO. 2 LOT 259 Subject to the reservations, restrictions and easements of record, provided said reservations, restrictions and easements of record are acceptable to Buyer upon disclosure and review of the same, and subject to any governmental inspections required by law. 2. Purchase Price and Manner of Payment. The purchase price for the Premises shall be Six Thousand Seven Hundred Fifty and no/100 Dollars ($6,750.00), payable in cash or bank certified check. 3. Taxes and Assessments. All taxes and assessments that are due and payable at the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special assessments that become due and payable after Closing shall be the responsibility of Buyer. 4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior to closing, a commitment for title insurance, issued by Metropolitan Title Insurance Company, for an amount not less than the purchase price stated in this Agreement, guaranteeing title on the conditions required herein. In the event the reservations, restrictions or easements of record disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable, Seller shall have forty-five (45) days from the date Seller is notified in writing of such unreasonableness of restriction and such unmarketability of title, to remedy such objections. If Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or otherwise) within the time specified, Buyer agrees to complete this sale as herein provided, within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or remedy the title within the time above specified or fails to obtain satisfactory title insurance, this Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall be paid by Seller. 5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as part of the consideration inuring to the City, Buyer covenants and agrees to construct on the premises one (1) single-family home, up to all codes, within eighteen (18) months of the closing of this transaction. Buyer may only remove those trees necessary for construction of the home and driveway. The home shall be substantially completed within eighteen (18) months and, in O:\P!anning\COMMON\Property\Buildable Lot Sales\2007 Bui!dable Loi Sa!es\1364 Wesley\pa.DOC the event said substantial completion has not occurred, or the restriction of this paragraph relating to tree removal is violated, in the sole judgment of the City, the property and all improvements then installed shall revett in title to the City, without any compensation or credit to Buyer. Buyer further covenants that the home shall be owner occupied for five (5) years after the closing. The covenants in this paragraph shall survive the closing and run with the land. 6. Survey. Buyer at its own expense may obtain a survey of the Premises, and Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to the location, boundaries and area of the Premises and improvements thereon without regard to any representations that may have been made by Seller or any other person. In the event that a survey by a registered land surveyor made prior to closing discloses an encroachment or substantial variation from the presumed land boundaries or area, Seller shall have the option of effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to purchase the Premises subject to said encroachment or variation. 7. Condition of Premises and Examination by Buyer. NO IMPLIED WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE FOUND. 8. Closing. The closing date of this sale shall be held 90 days from City Commission approval of the sale, more specifically on or b e f o r e - - - - - - - ~ 2007 ("Closing"). The Closing shall be conducted at Metropolitan Title Insurance Company, 3044 Glade Street, Muskegon, Michigan 49444. If necessary, the parties shall execute an IRS closing report at the Closing. 9. Delivery of Deed. Seller shall execute and deliver a quitclaim deed to Buyer at Closing for the Premises. 10. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed Affidavit of Title. O:\Planning\COMMON\Property\Buildab!e lot Sales\2007 Buildable Lot Sales\1364 Wesley\pa.OOC 11. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller on the date of Closing. 12. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the amount required by law. In addition, Seller shall be responsible to pay for the recording of any instrnment that must be recorded to clear title to the Premises, to the extent required by this Agreement. Buyer shall pay for the cost of recording the deed to be delivered at Closing. 13. General Provisions. a. Paragraph Headings. The paragraph headings are inserted in this Agreement only for convenience. b. Pronouns. When applicable, pronouns and relative words shall be read as plural, feminine or neuter. c. Merger. It is understood and agreed that all understandings and agreements previously made between Buyer and Seller are merged into this Agreement, which alone fully and completely expresses the agreement of the parties. d. Governing Law. This Agreement shall be interpreted and enforced pursuant to the laws of the State of Michigan. e. Successors. All terms and conditions of this Agreement shall be binding upon the parties, their successors and assigns. f. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision(s) had never been contained herein. g. Survival of Representations and Warranties. The representations, warranties, covenants and agreements contained in this Agreement and in any instrument provided for herein shall survive the Closing and continue in full force and effect after the consummation of this purchase and sale. h. Modification of the Agreement. This Agreement shall not be amended except by a writing signed by Seller and Buyer. The parties have executed this Real Estate Purchase Agreement the day and year first above written. O:\Planning\COMMON\Property\Buildable Lot Sa!es\2007 Buildab!e Lot Sales\1364 Wesley\pa.DOC WITNESSES: SELLER: CITY OF MUSKEGON By Steph!~::~::'.:::~t' Mayor \i;,'--'y(\\ \._Q;v0: i i?2x.A l./ \. " - 4; Ann Marie Becker, MMC, Clerk BUYER: Erik Thorsen SS No.: _ _ _ _ _ _ _ __ O:\Planning\COMMON\Property\Buildable Lot Sales\2007 Buitdab!e Lot Sales\1364 Wesley\pa.DOC QUIT-CLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440, QUIT CLAIMS to ERIK THORSEN, a single man, of 1821 Duff Road, Twin Lake, Michigan 49444, the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 2, LOT 259 for the sum of Eight Thousand Dollars ($6,750.00) PROVIDED, HOWEVER, Grantee, or its assigns, shall complete construction of one (1) single family home on the premises herein conveyed within eighteen (18) months after the date hereof. In default of such construction, title to the premises shall revert to the City of Muskegon free and clear of any claim of Grantee or its assigns. In addition, the City of Muskegon may retain the consideration for this conveyance free and clear of any claim of Grantee or its assigns, Buyer shall remove only those trees necessary for construction of the home and driveway. "Complete construction" means: (1) issuance of a residential building permit by the City of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Director of Inspections, substantial completion of the dwelling described in the said building permit. In the event of reversion of title of the above-described premises, improvements made thereon shall become the property of Grantor. Provided, further, that Grantee covenants that the parcel described above shall be improved with not more than one (1) single family home, and it shall be owner-occupied for five (5) years after the City issues a certificate of occupancy. These covenants and conditions shall run with the land. This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207 .505(h)(i) and MCLA 207.526 Sec. 6(h)(i). Dated this _ _ _ day of _ _ _ _ _ _ _~ 2007. Signed in the presence of: , Its Mayor Iri!fl<?. b-c.:fa-Se. , and ~ <s 0-J,c., Ann Marie Becker, MMC, Clerk STATE OF MICHIGAN COUNTY OF MUSKEGON Signed and sworn to before me in Muskegon County, Michigan, on fibf't1N''I IS-, 2007, by STEPHEN J. WAR.ivl!NGTON and ANN MARIE BECKER, the Mayor and Clerk, rispectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City. ~ ~ PREPARED BY: John C. Schrier h'oda At1-t: r , Notary Public Parmenter O'Toole Acting in the County of Muskegon, MI 601 Terrace Street/P.O. Box 786 Muskegon County, Michigan Muskegon, MI 49443-0786 MyComm.Expires: 9-at~-c?Oi:2.. Telephone: 231/722-1621 WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee O:\Plarrning\COMMON\Property\Bui!dable Lot Sales\2007 Build able Loi Sales\1364 Westey\deed.doc 224944 II I I I2 111111111111111 2 4 9 4 4 C - All Parties Pkg II Ill A111111111111111 L L P K G Property Address: 1364 Wesley Ave. Buyer/Borrower: Erik Thorsen Seller: The City of Muskegon Description: Documents Common to All Parties May include the ] Disclosure and Acknowledgement following docs: J Owners Affidavit-Seller J Owners Affidavit-Buyer l Broker Fee Statement ] Property Transfer Affidavit ] Property Transfer Acknowledgement ] Inspections ] Closing Agreement Copies to: Buyer/Borrower, Seller, Selling Agent, Listing Agent, Lender, Title Company, Buyer's Attorney, Seller's Attorney 05/04/2007 04:24:44p by TIMEDAL01 SIV011~benedict OWNER'S AFFIDAVIT /ESTOPPEL CERTIFICATE/COMPLIANCE AGREEMENT File Number: 224944 Forwarding Address: Date: May 08, 2007 Reference: Thorsen / Lender: Muskegon Commerce Bank Property Address: 1364 Wesley Avenue, Muskegon, MI 49442 {To be executed by all parties shown as vested owners in the commitment for title insurance.} Affiant makes the representations contained herein to Induce the purchaser and/or lender to consummate the transaction referenced in the commitment, to obtain the proceeds of the sale or loan, and to Induce Metropolitan Title Company to Issue a policy(s) of title insurance on behalf of the undeiwriter named In the commitment. Affiant further agrees that in the event It Is determined there are unpaid charges which were due and payable prior to and including the date of closing, and which are the responsibility and obligation of the Affiant, that the Affiant shall pay any and all amounts so charged and shall provide proof of payment of same to Metropolitan Title C.Ompany. Affiant further agrees and covenants, if requested by Metropolitan Title Company, to fully cooperate and adjust for clerical errors in any closing documents, including but not limited to, repayment of any overpayments and executing duplicate closing documents. The undersigned, being first duly sworn, deposes and says as follows: 1. That Affiant Is 18 years of age or older, Is a citizen of the United States, has not married or divorced since purchasing the real estate, and has not used or been known by any other name; 2. That Affiant is the owner of certain premises described In Commitment No. 224944, and has not filed, nor is subject to any bankruptcy, receivership, or Insolvency proceedings; 3. That the Affiant is in the possession of said property and there are no other parties in possession or claiming rights of possession; (NONE, unless noted) 4. That Affiant has no knowledge of any unrecorded water, mineral, gas or oil rights unrecorded easements or claims of easements, boundary line disputes or claims of such grants or rights relative thereto; (NONE, unless noted) 5. That there are no proceedings instituted or undertaken by anyone which will result in a lien or special assessment upon the premises. There are no delinquent taxes, special assessments, (including but not limited to any Barrett Law Assessments if property is located in the State of Indiana), water bills, sewer bills and assessments, weed cutting bills, board-up fees, tap-in fees, utility bills, or Homeowner's Association fees covering subject property; (NONE, unless noted) 6. That there have been no improvements made nor labor or materials furnished to the premises within the last 90 days; (NONE, unless noted) 7. That Affiant has no knowledge of any other matters affecting the title including but not limited to: mortgages, liens, land contracts, options or other encumbrances other than those which are being paid from the loan proceeds. (NONE, unless noted) Nota Notary unty/State: / JULIE LAW BENEDICT. County Acting In: . Ottawa co, Michigan Commission Expires: Notary Public, Expire · 6 04/26/2013 My comm1ss10n . . •he County of Muskegon · Acting m, · . Metropolitan Title Company Amerla,'s Premier Title Agency FIie Number: 224944 BILL OF SALE Know All Persons By These Presents: That The City of Muskegon, a Municipal Corporation, hereinafter referred to as "Seller(s)" whose address is 1364 Wesley Avenue, Muskegon, Ml 49442, and Erik Thorsen, hereinafter referred to as "Purchaser(s)" whose address is, , are Seller(s) and Purchaser(s), respectively, of the premises situated in the City of Muskegon, County of Muskegon, and State of Michigan, as described in 11tle Commitment No. 224944 and more commonly known as: 1364 Wesley Avenue, Muskegon, MI 49442, hereinafter referred to as the Subject Property. For the sum of One Dollar ($1.00) and other good and valuable considerations paid to said Seller(s) by said Purchaser(s), said Seller(s) has bargained and sold, and by these presents does grant and convey unto the said Purchaser(s) the following goods and chattels which are In the possession of said Seller(s) at the subject property. All pre-printed items if any now in or on the premises, as listed on the purchase agreement dated 02-14-2007. Included Items: any and all as stated on the purchase agreement Excluded Items: any and all as stated on the purchase agreement The Seller(s) represent that the goods, as shown, are free and clear of all encumbrances and agree to defend any claim that may arise by another party claiming an interest In these goods. I/We accept the above as true and correct. Dated and acknowledged this May DB, 2007. Seller{s): ~ffidrluQ The Seller(s) being duly sworn, deposes and says that he is/she is/they are the Seller(s) named within the Bill of Sale, that he has/she has/they have acknowledged the facts and that the consideration of said instrument was actual and adequate, and that the same was given in good faith for the purposes therein set forth and not for the purposes of security, or for defrauding creditors of the 5eller(s) or subsequent Purchaser(s). State of Michigan Accepted as Shown Above; County of Muskegon Purchaser(s): 08, 2007. JULIE LAW BENEDICT Notary Public, Ottaw_a Co., Michigan My Commission Expires 04/26/2013 Acting in the County of Muskegon Metropolitan Title Company Amedca'.s' Premier Title Agency File Number; 224944 NOTICE OF YOUR FINANCIAL PRIVACY RIGHTS We want you to know that the privacy and confidentiality of your personal Information is very important to Metropolitan Title Company . We value your business and we want to retain your trust. In the course of providing products and services to you, we may obtain nonpublic personal Information about you. We are required by law to provide you with this notice in order to inform you how Metropolitan Title Company collects, uses and safeguards your nonpublic personal information. This notice also tells you how you can limit our disclosure of personal information about you. What Information po we Collect We may obtain nonpublic personal information about you from the following sources: • Information we receive from you from applications or other forms; • Information about your transaction with us from our files or from our affiliates; • Information about your transaction with nonaffillated third parties such as your real estate agent or lender; The information we obtain includes, but is not limited to, your name, address, social security number, employer, Income, account information from financial Institutions, parties to a transaction and credit card usage. What Information Do We Disclose To meet your needs with quality products and services we may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. AFFILIATES Our affiliates are the family of companies controlled by Metropolitan Title Company or under common control with another company. We may share the types of information described above, as permitted by law, with our affiliates for purposes of marketing or market research. NON-AFFILIATES Nonaffiliated third parties are those not part of the family of companies controlled by Metropolitan Title Company or not under common control with another company. Service Providers. Contractors Any service providers or contractors used by Metropolitan Title Company are required to follow the terms of our Privacy Policy. Access to your nonpublic personal information by a service provider or contractor is restricted to the purpose for which they have been retained by Metropolitan Title Company . Joint Marketing We may disclose your personal information to a nonaffiliated third party that we have an agreement with to perform Joint marketing of products or services that we feel may interest you. Other Non-Affiliates We also may disclose this information about our customers or former customers to the following types of nonaffillated companies: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. METROPOLITAN TITLE COMPANY DOES NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT THEIR CUSTOMERS OR FORMER CUSTOMERS EXCEPT, AS PERMITTED OR REQUIRED BY LAW. The Confidentjality and Security of Your Nonpublic Personal Information Metropolitan Title Company restricts the access to your nonpublic personal information to those employees who need to know the Information in order to provide products and/or services to you. Our employees are required to maintain the confidentiality and privacy of our customers. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Changes to this policy We may amend this policy at any time, and we will Inform you of any changes as required by law. Your Privacy Choices The law allows us to share with our affiliates your personal Information and information about our transactions or experiences with you. The law also allows us to share your personal information with our contractors and service providers. If you prefer that we not disclose Information about you to nonaffiliated third parties, you may direct us not to share this information by calling the Corporate Office at 1-800-848-5375 or by writing to us at 622 East Grand River, Howell, Michigan 48843. Please provide your name, address Including city and state of the property and our file number. Metropolitan Title Company America's Premier Tille Agency FIie Number: 224944 Michigan Department of Treasury L-4260 2766 {RE:!V. 1·06) This form issued under authority of PROPERTY TRANSFER AFFIDAVIT P.A. 415 of 1994. Filing is mandatory. This form must be filed whenever real estate or some types of personal property are transferred (even if you are not recording a deed). It is used by the assessor to ensure the property is assessed properly and receives the correct taxable value. It must be filed by the new owner with the assessor far the city or township where the property is located within 45 days of the transfer. If it is not filed timely, a penalty of $5/day (maximum $200) applies. The information on this form is NOT CONFIDENTIAL. 1. Street Address of Property 1364 Weslev Avenue. Muskeaon. MI 49442 12. County Musk..,on 4. Date of Transfer (or land contract was signed) Ma 08 2007 3. OtyfTownship/Village of Real Estate • Oty Qty of Muskegon • Township , 5. Purchase Price of Real Estate • Village $6,750.00 6. Property Identification Number ( PIM. If you don't have a pin, attach legal description. /!lli, This number ranges from 10 to 25 digits. It PIN: 61-24-611-000-0259-00, 24·611-000-0259-00 usually includes hyphens and sometimes includes letters. It Is on the property tax bill and on the assessment notice. 8. Buyer's (Transferree) Name and Mailing Address Erik Thorsen I&;,.. l ..c,-;f t° r'-<:,, Items 9 - 13 are optional. However, by completing them -T,.,::. l.-A\"-t" , ,v:1. ,t91-S7 you may avoid further correspondence. Transfea lndude deeds, land contracts, transfers involving 9. Type of Traader trusts or wills, certain long-term leases and Interest in • Land Contract • Lease business. See the back for a complete list. eed • Other (specify) 10. ls the transfer between related persons? I 11. Amount of Down Payment 12. If you financed the purchase, es 13. Amount Financed (Borrowed) did you pay market rate of interest? • No Exemptions,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ The Michigan Constitution limits how much a property's taxable value can increase while it is owned by the same person. Once the property is transferred, the taxable value must be adjusted by the assessor in the following year to 50 percent of the property's usual selling price. Certain types of transfers are exempt from adjustment, Below are brief descriptions of the types of exempt transfers; full descriptions are in MCL Section 211.27a(7)(a-n). If you believe this transfer is exempt, Indicate below the type of exemption you are claiming. If you claim an exemption, your assessor may request more information to support your claim. • transfer from one spouse to the other spouse • change in ownership solely to exclude or include a spouse • transfer of that portion of a property subject to a life lease or life estate (unti/the life lease or life estate expires) • transfer to effect the foreclosure or forfeiture of real property • transfer by redemption from a tax sale • transfer into a trust where the settler or the settler's spouse conveys property to the trust and is also the sole beneficiary of the trust • transfer resulting from a court order unless the order specifies a monetary payment • transfer creating or ending a joint ownership if at least one person is an original owner of the property (or his/her spouse) • transfer to establish or release a security interest (collateral) • transfer of real estate through normal public trading of stocks • transfer between entities under common control or among members of an affiliated group • transfer resulting from transactions that qualify as a tax-free reorganization • transfer of qualified agricultural property when the property remains qualified agricultural property and affidavit has been filed • other, specify: Certification,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ I certify that the information above is t;ue and complete to the best of my knowledge. Date If signer is other than the owner, print name and title. 05/08/2007 Daytime Phone Number Email Address PROPERTY TRANSFER AFFIDAVIT ACKNOWLEDGMENT File Number: 224944 Date: May 08, 2007 Reference: Erik Thorsen / The City of Muskegon Property Address: 1364 Wesley Avenue, Muskegon, MI 49442 I/We, the undersigned Purchaser, Grantee or Transferee, have been advised that under Act 415, P.A. of 1994, Form L- 4260 (Rev. 1/06) Property Transfer Affidavit must be completed and received by the local assessor within 45 days of the date of transfer. I/We further understand that the failure to file is punishable by penalty of $5.00 a day up to a maximum of $200.00. I/We have received from Metropolitan Title Company on May 08, 2007, a Property Transfer Affidavit, Form L- 4260 (Rev. 1/06), and accept responsibility for filing this form with our city/township assessor. I/We agree to hold Metropolitan Title Company harmless from any further liability and/or responsibility regarding this form. I/We have requested that Metropolitan Title Company distribute this form by regular mall to the city/township assessor, and hold the title company harmless from any further liability and/or responsibility regarding this form. • That the Buyer(s) are unable to complete the Property Transfer Affidavit at this time and will undertake to distribute the form themselves; or have chosen to distribute the fonn themselves to the local tax collecting unit. Purdlaser(s): C 0 () L-----' Metropolitan Title Company America~ Premier ntte Agency File Number: 224944 Metropolitan Title Company 3044 Glade St. Muskegon, MI 49444 Schedule B - Section I REQUIREMENTS Commitment No.: 224944 General Requirements The following requirements must be met: (a) Payment of the full consideration to, or for the account of, the granters or mortgagors should be made. (b) Payment of all taxes, charges, assessments, levied ancl assessed against subject premises, which are due and payable should be made. (c) Pay us the premiums, fees and charges for the policy. (d) You must tell us In writing the name of anyone not referred to in this Commitment who will receive an interest in the land or who will make a loan on the land. We may make additional requirements or exceptions. (e) Submit completecl Owner's Estoppel/Affidavit/ALTA Statement on the form provided by this company and signed by or on behalf of all owners. Specific Requirements Documents satisfactory to us creating the interest in the land and/or mortgage to be insured must be signed, delivered and recorded: ~ ; ; : : : : : : : ~~~EF~~::HE~ TAXES ARE EXEMPT: ~~~;K~~~::~~~::~:~::\~~:~:~~:D:~ ~::~i::;~. 61-24-611-000-0259-00 Tax Parcel Identification: Property Address: 1364 Wesley Avenue Tax Parcel No.: 61-24-611-000-0259-00 2006 State Equalized Value: $0.00 2006 Taxable Value: $0.00 Principal Residence Exemption, as of past December Special Assessments: None The amounts shown as due do not include collection fees, penalties or interest. NOTE: If subject property is connected to public/community water or sewer, furnish a copy of the current bill showing that all charges have been paid to date or the Owner's Policy to be issued will Include an exception on Schedule B for water and sewer charges which became a lien prior to the date of the Polley. 2 Commitment for Title Insurance FIRST AMERICAN TITLE INSURANCE COMPANY. First American Title Insurance Company, a California corporation {"Company"), for a.valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and Band to the Conditions of this commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six (6) months after the effective Date or when the policy or policies committed for shall Issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. F1rstAmerican Title Insurance Company ::JI::/_~ :: C0NDm0NS: 1. The term mortgage, when used herein, shall lndude deed of trust, trust deed, or other security Instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse clafm of other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown In schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be rel!eved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company Is prejudiced by failure ta so disclose such knowledge, If the proposed Insured shall disdose such knowledge to the Compay, or If the Company otherwise acquires actual knowledge of any such defect, l!en, encumbrance, adverse claim or other matter, the Company at Its optionmay amend Schedule B of this C.Ommltment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss lncured In reliance hereon in undertaking In good faith (a) to comply with the requirements hereof, or (b) to etimlnate exceptions shown in Schedule B, or (c) to acquire or aeate the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liabllity exceed the amount stated In Scheudle A for the policy or pollcles committed for and such 1/ablllty Is subject to the insuring provisions and Conditions and Stipualtions and the Exdusions from Coverage of the form of policy or policies commited for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressty modlfed herein, 4. This Commitment is a contract to Issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon coverd by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be lssed contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org/. Issued by: first American Title Insurance Company through its agent: Metropolitan Title Company 3044 Glade St. Muskegon, Michigan 49444 Ph: (231)733·6201 or Fax to: (231)733-5418 4 Metropolitan Title Company 3044 Glade St. Muskego,., Ml 49444 Phone: (231)733-6201 /Fax: (231)733-5418 PR: METRO Ofc: 2202 (2802) Invoice To: City of Muskegon Invoice No.: 28021493 933 Terrace St. Date: 02/20/2007 Muskegon, MI 49443 Our Fne No.: 224944 Title Officer: I Escrow Officer: Vicki Anderson I V!ANDERSON Customer ID: 60615 Attention: Hope Mitchell Your Reference No.: RE: Property: Liability Amounts 1364 Wesley Avenue, Muskegon, MI 49442 Owners: $6,750.00 Lenders: $5,400.00 Buyers: Erik Thorsen Sellers: The City of Muskegon Descdption of Charge Invoice Amount Owners Premium $240.00 Mortgage Premium $210.00 INVOICE TOTAL $450,00 Comments: Thank you for your business! To assure proper credit, please send a copy of this Invoice and Payment to: Attention: Accounts Receivable Department Printed On: 2/23/2007, 6:10 AM Requester: PV Pnge: I 02-20-'07 11:25 FROM-City of Muskegon 2317246790 T-071 P004/006 F-136 the event said substantial completion has not occurred, or the restriction of this paragraph ro:,lating to tree removal is violated, in the sole judgment of the City, the property and all improvements then installed shall revert in title to the City, without any compensation or credit to Buyer. Buyer further covenants that the home shall be owner occupied for five (5) years after the closing. The covenants in'this psragraph shall survive the closing and run with tho:, land. 6. Survey. Buyer at its own expense may obtain a survey of the Premises, and Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to the location, bowidaries and area of the Premises and improvements thereon without regard to any representations that may have been made by Selle1· or any other person. In the event that a survey by a registered land surveyor made prior to closing discloses an encroachment or substantial variation from the presumed land boundaries or area, Seller shall have the option of effecting a remedy within thil'ty (30) days after disclosure, or tendering Buyer's deposit in full tei1nination of this Purchase Agreement; and paying the cost of such survey. Buyer may elect to purchase the Premises subject to said encroachment or variation. 7. Condition of Premlses and Examination by Buyer. NO IMPLlElJ WARRANTIES OF HABITAlilLITY, QUALITY, CONDITTON, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHAILOPERATE BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL SUCH IM'.PLIED WARRANTIES. BUYER UNlJERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED THE PREMISES AND IS SATISFIED WITH THE coNOrrlON OF THE LAND, AND THE BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BElNG PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT lJUE TO ANY REPRESENTATIONS MAOE BY OR ON BEHALF OF SElLER. SELLER KNOWS OFNO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE FOUND. 8. Closing, The closing date of this sale shall be held 90 days from City Commission approval of the sale, more specifically on or before _ _ _ _ _ _~2007 ("Closing"). The Closing shall be conducted at Metropolitan Title Insurance Company, 3044 Glade Sti:eet, Muskegon, Michigan 49444. If necessary, the parties shall execute an IRS closing report at the Closing. 9. Delivery of Deed, Seller shall execute and ·deliver a quitclaim deed to Buyer at Closing for the Premises. 10. Afflda\llt of title, At the Closing, Seller shall deliver to Buyer an executed Affidavit of Title. O:\ptanning\COMMON\PI0,PGl1~Ui[d"atlls Lot 811!6'\2007 BU1IC18i)J8 LOI Salee\1384 Wealey\pa.DOC 02-20-'07 11:26 FROM-City of Muskegon 2317246790 T-071 P006/006 F-136 . ' WITNESSW!; SELLER: CITY OF MUSKEGON Ann Marie Becker, MMC, Clerk ' BUYER: Erik Thorsen SS No.:, _ _ _ _ _ _ __ O:\Plann!nir,COMMON\Propany\aulldable Lot Sffles\200'1 Buildable. L-01 Salcia\1364 Wesley\pa,OOC Commission Meeting Date: February 13, 2007 Date: January 31, 2007 To: Honorable Mayor & City Commission From: Planning & Economic Development DepartmentcJsC RE: Purchase Agreement between the City of Muskegon and the Downtown Development Corporation (DMDC) for the Downtown Redevelopment Right-of-Ways. SUMMARY OF REQUEST: To approve the donation of the former street right-of-ways to the City for the construction of Second Street from Clay to Morris; Jefferson Street from Clay to Western; Market Street from Western to Terrace; and First from Western to Clay. FINANCIAL IMPACT: The City would be responsible to pay for half of the closing costs and the registering of the deed. The DMDC will be responsible to pay half of the closing costs, title insurance, and any recordings to clear title. BUDGET ACTION REQUIRED: Payment would be made out of the Public Improvement Fund. STAFF RECOMMENDATION: To approve the attached Purchase Agreement and authorize both the Mayor and the Deputy City Clerk to sign the documents necessary to acquire the property for the City right- of-way. COMMITTEE RECOMMENDATION: None. DONATION AGREEMENT This Agreement is made on _ _ _ _ _ _ _ _, 2007 between the City of Muskegon, a Michigan municipal corporation, with offices located at 933 Terrace Street, Muskegon, Michigan, 49440 ("City") and the Downtown Muskegon Development Corporation, a non-profit corporation, with offices located at 425 W. Western, Muskegon, Michigan, 49442 ("DMDC"). 1. Donation of Premises. DMDC shall donate and City shall accept on the conditions set forth in this Agreement the premises, and all improvements thereon, with all beneficial easements, and with all ofDMDC's right, title and interest in all adjoining public ways in Muskegon County, Michigan and legally described on Exhibit A ("Premises") subject to the reservations, restrictions and easements of record, provided said reservations, restrictions and easements of record are reasonably acceptable to City upon disclosure and review of the same. 2. Title Insurance. City shall order an owner's policy of title insurance issued by a mutually agreeable title company in the standard A.LT.A. form, without the standard exceptions, certified to the date of closing, in the amount of _ _ _ _ _ _ _ _ ($ _ _ __, Dollars that shows that DMDC has good and marketable title. City may raise any objections to the exceptions or encumbrances shown on the commitment within 20 days after City receives the commitment by giving written notice to DMDC. If City raises a title objection, City shall not be required to close this transaction unless DMDC cures the objection or City waives its objection. IfDMDC elects to cure the objection, DMDC shall take action to remove the exception or the encumbrance from the chain of title, in order to remove it from the commitment and the policy. The title insurance policy shall include a tax lien search certified to the date of closing that shows no tax liens against the Premises. 3. Property Taxes and Assessments. DMDC shall be responsible for the payment of all real estate taxes and assessments where tax bills have been mailed prior to the closing and specifically including the summer 2006 tax bill and December 2006 tax bill. City is responsible for any tax bills mailed after the date of closing. 4. Survey. DMDC shall provide City with copies of any surveys DMDC has of the Premises. City may obtain a survey of the Premises at City's expense, and City or City's surveyor or other agents may enter the Premises for that purpose prior to closing. In the event that a survey by a registered land surveyor made prior to closing discloses an encroachment or substantial variation from the presumed land boundaries or area, DMDC shall have the option of effecting a remedy within 30 days after disclosure, or terminating this Agreement. City may elect to purchase the Premises subject to said encroachment or variation. 5. Inspection Period. Commencing on the date of this Agreement, City, and City's agents, employees, contractors and consultants, may, prior to the Date of Closing, conduct such inspections, investigations, appraisals, tests, feasibility studies, and determinations of the Premises as City, in its sole discretion, shall desire in order to determine that the condition of the C:\Documents and Settings\CMcGuigan.CFMC\Loca\ Settings\femporary Internet Files\OLKl 3\ConTected PA.DOC Premises is acceptable and that the Premises is suitable for City's intended uses ("Due Diligence Investigation"). All costs related to the Due Diligence Investigation shall be paid for by City. The Due Diligence Investigation shall be completed within a reasonable time, not to exceed 30 days ("Inspection Period") after execution of this Agreement by both parties. 6. Representations, Covenants and Warranties ofDMDC. DMDC represents, covenants and warrants the following to be true: a. Organization and Standing of DMDC. DMDC is a Michigan non-profit corporation duly organized, validly existing and in good standing under the laws of the State of Michigan. b. Authority. DMDC has the power and authority to enter into and perf01m its obligations under this Agreement. c. Title to Purchased Assets. DMDC has good and marketable title to the Premises, except as set forth in this Agreement. The Premises are subject to no mortgage, pledge, lien, encumbrance, security interest, or charge except as will be set forth on the title insurance commitment. 7. Representations and Warranties of City. City represents, covenants, and wanants the following to be true: a. Status of City. City is validly existing and in good standing under the laws of the State of Michigan. b. Authority. City has the power and authority to enter into and perf01m City's obligation under this Agreement. 8. Conditions Precedent. This Agreement and all of the obligations of City under this Agreement are, at City's option, subject to the fulfillment, before or at the time of the Closing, of each of the following conditions: a. Representations and Warranties True at the Closing. The representations, covenants, and wananties ofDMDC contained in this Agreement shall be true in all material respects at the time of the Closing. b. Performance. The obligations, agreements, documents and conditions required to be signed and performed by DMDC shall have performed and complied with the same before or at the date of the Closing. c. Due Diligence Investigation. City has not terminated this Agreement according to the provisions of paragraph 5. 9. Default. a. By City. In the event City fails to comply with any or all of the obligations, covenants, wananties or agreements under this Agreement and such default C:\Documents and Settings\CMcGuigan.CFMC\Loca\ Settings'2'emporary Internet Files\OLK13\Corrrected PA.DOC is not cured within 10 days after receipt of notice (other than City's failure to tender monies at the Closing, a default for which no notice is required), then DMDC may te1minate this Agreement, in which event both parties will be released from any further liability under this Agreement, or DMDC may pursue its legal and/or equitable remedies against City. b. By Dk/DC. In the event DMDC fails to comply with any or all of the obligations, covenants, warranties or agreements under this Agreement, and such default is not cured within IO days after receipt of notice, then City may either terminate this Agreement, in which event both parties will be released from any further liability under this Agreement, or City may pursue its legal and/or equitable remedies against DMDC. 10. Real Estate Commission. City and DMDC both acknowledge and agree that neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that no agent, broker, salesperson or other paiiy is entitled to a real estate commission upon the closing of this sale. City and DMDC both agree to indemnify and hold the other harmless from any liability, including reasonable attorney fees, occasioned by reason of any person or entity asserting a claim for a real estate commission arising from actions taken by the other party. I I. Closing. a. Date of Closing. Unless the parties otherwise mutually agree, the closing shall be held within 60 days of the date of this Agreement ("Date of Closing"). The closing shall be held at a mutually convenient location. b. Costs. The costs associated with this Agreement and the closing shall be paid as follows: 1. DMDC shall pay the premium for the owner's policy of title msurance. ii. DMDC shall be responsible to pay for the recording of any instrument that must be recorded to clear title to the extent required by this Agreement. 111. City shall pay for the cost of recording the warranty deed. 1v. City and DMDC shall equally split the cost of the closing. c. Deliveries. At closing, DMDC shall deliver at its sole cost and expense the following documents in a form reasonably satisfactory to City; 1v. the warranty deed to the Premises. v. such other documents as may be reasonably required by City or the title company to effectuate the transaction contemplated by this Agreement. C:\Documcnts and Settings\CMcGuigan.CFMC\Loca\ Settings'g'emporary Internet Filcs\OLK13\Comccted PA.DOC 12. Possession. Possession of the Premises is to be delivered to City by DMDC at Closing. 13. Risk of Loss. Until the time of closing, risk ofloss because of the damage to or destruction of any improvements located on the Premises shall be solely that of DMDC, except to the extent that City caused the damage or destruction. Excluding damage caused by City, in the event the improvements located on the Premises are damaged prior to the date of closing, and are not repaired by DMDC prior to closing, City may elect to continue this Agreement in which event DMDC shall assign to City any insurance proceeds to be received by DMDC because of said damage or other destruction. 14. Notice. All notices and other deliveries required under this Agreement shall be made and given to the appropriate party, or the office of the party, at the address set forth above or at such other address as may hereafter be specified by such parties by written notice from time to time. Notices shall be effective on the date of receipt, if given by hand, express delivery or recognized courier service. Notices given by ce1iified mail shall be deemed effective three business days after the date of deposit in an authorized postal facility, as shown by its receipt for certified mail. Either party may designate a telephone number to be used for fax notices to such party, in which event any notice transmitted to such number shall be effective on the date shown in the printed confirmation of such transmission, free of error, generated by the sender's machine. 15. Miscellaneous. a. Governillg Law. This Agreement is executed in accordance with, shall be governed by, and construed and interpreted in accordance with the laws of the State of Michigan. b. Entire Agreement. This Agreement shall constitute the entire agreement, and shall supersede any other agreements, written or oral, that may have been made or entered into, by and between the parties with respect to the subject matter of this Agreement and shall not be modified or amended except in a subsequent writing signed by the party against whom enforcement is sought. c. Binding Effect. This Agreement shall be binding upon, and inure to the benefit of and be enforceable by, the parties and their respective legal representatives, permitted successors and assigns. d. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original as against any party whose signature appears thereon, and all of which together shall constitute one and the same instrument. This Agreement shall become binding upon the parties when one or more counterpa1is, individually or taken together, shall bear the signatures of all parties. e. Non-Waiver. No waiver by any party of any provision of this Agreement shall constitute a waiver by such paiiy of such provision on any other occasion or a waiver by such party of any other provision of this Agreement. C:\Documents and Settings\CMcGuigan.CFMC\Local Settings~emporary Internet Files\OLKI 3\ConTected PA.DOC f. Severability. Should any one or more of the provisions ofthis Agreement be dete1mined to be invalid, unlawful or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be impaired or affected. g. Assignment or Delegation. Except as otherwise specifically set forth in this Agreement, City shall not assign all or any portion of their rights and obligations contained in this Agreement without the express prior written approval ofDMDC, which approval may be withheld in DMDC's sole discretion. h. Venue. The parties agree that for purposes of any dispute in connection with this Agreement, the Muskegon County Circuit Court shall have exclusive personal and subject matter jurisdiction and venue. i. Survival of Representations and Warranties. The representations, warranties, covenants and agreements contained in this Agreement and in any instrument provided for in this Agreement shall survive the closing date and continue in full force and effect after the consummation of this purchase and sale and continue until all liabilities of City have been fully satisfied. This Agreement is executed effective as of the date set forth above. DMDC - Downtown Muskegon City - City of Muskegon Development Corporation B Nam~en ~ Waing = Title: May Attest: Attest: \~vi;\~/\:\ ~,L d(,~ I Name: Ann Marie Becker Title: Clerk JOAN YOUNG Notary Public. State of Michigan County of Muskegon My Commission Expires May ~9, 2012 Acting in ,;ri:, Coun~/ ot __J'.kL_\<\31~ C:\Documents and Settings\CMcGuigan.CFMC\Local Settings'5'emporary Internet Files\OLKI 3\Comected PA.DOC Exhibit A Legal Description DESCRIPTION OF JEFFERSON STREET RIGHT-OF-WAY DEDICATION: THAT PART OF BLOCKS 309 AND 310 AND VACATED JEFFERSON STREET OF THE REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON, AS RECORDED IN UBER 3 OF PLATS, PAGE 71, MUSKEGON COUNTY RECORDS, MUSKEGON COUNTY, MICHIGAN DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 310; THENCE N51'39'39"E, 295.44 FEET ALONG THE NORTHERLY LINE OF CLAY AVENUE (66 FOOT WIDE PUBLIC STREET) TO THE SOUTHEAST CORNER OF UNIT 4, DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO. 2 AND THE POINT OF BEGINNING: THENCE N35'4I '50"W, 283.91 FEET ALONG THE EASTERLY LINE OF UNIT 4 AND UNIT 3, DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO. 2 TO THE SOUTHERLY LINE OF WESTERN AVENUE (VARIABLE WIDTH PUBLIC STREET); THENCE N55'!4'25"E, 66.0I FEET ALONG SAID SOUTHERLY LINE TO THE NORTHWEST CORNER OF UNIT 5, DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO. 2; THENCE S35'4 I '50"E, 282.53 FEET ALONG THE WESTERLY LINE OF SAID UNIT 5 TO SAID NORTHERLY LINE OF CLAY A VENUE; THENCE S54'02'57"W, 66.00 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING. DESCRIPTION OF MARKET STREET RIGHT-OF-WAY DEDICATION: THAT PART OF BLOCKS 560 AND 561, AND VACATED MARKET AVENUE, OF THE REVISED PLAT(OF 1903) OF THE CITY OF MUSKEGON, AS RECORDED IN UBER 3 OF PLATS, PAGE 71, MUSKEGON COUNTY RECORDS, MUSKEGON COUNTY, MICHIGAN DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER OF BLOCK 310 OF THE REVISED PLAT(OF 1903) OF THE CITY OF MUSKEGON; THENCE N5!'39'39"E, 295.44 FEET ALONG THE NORTHERLY LINE OF CLAY A VENUE (66 FOOT WIDE PUBLIC STREET) TO THE SOUTHEAST CORNER OF UNIT 4, DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO. 2; THENCE N35"41 '50"W, 384.00 FEET ALONG THE EASTERLY LINE OF UNIT 4 AND UNIT 3, AND ALONG THE NORTHERLY EXTENSION OF SAID UNIT 3, DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO. 2 TO THE NORTHERLY LINE OF WESTERN AVENUE (VARIABLE WIDTH PUBLIC STREET), AND THE SOUTHEAST CORNER OF UNIT 9, DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO. 2 AND THE POINT OF BEGINNING; THENCE N35'41 '50"W, 193.69 FEET ALONG THE EASTERLY LINE OF SAID UNIT 9 TO THE SOUTHEAST CORNER OF UNIT 8 DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO. 2; THENCE N24'42'54"E, 265.49 FEET ALONG THE EASTERLY LINE OF SAID UNIT 8 AND UNIT 7, DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO. 2 TO THE SOUTHERLY LINE OF TERRACE STREET (VARIABLE WIDTH PUBLIC STREET); THENCE S61'1 l '38"E, 66.17 FEET ALONG SAID SOUTHERLY LINE TO THE NORTHWEST CORNER OF UNIT 6, DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO. 2; THENCE S24"42'54"W, 222.34 FEET ALONG THE WESTERLY LINE OF SAID UNIT 6; THENCE S35'41 '50"E, 156.17 FEET ALONG THE WESTERLY LINE OF SAID UNIT 6 TO SAID NORTHERLY LINE OF WESTERN AVENUE; THENCE S55"05'10"W, 66.01 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING DESCRIPTION OF FIRST STREET RIGHT-OF-WAY DEDICATION: THAT PART OF VACATED FIRST STREET, LYING BETWEEN BLOCK561 AND BLOCK 564 OF THE REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON, AS RECORDED IN LIBER 3 OF PLATS, PAGE 71, MUSKEGON COUNTY RECORDS, MUSKEGON COUNTY, MICHIGAN DESCRIBED AS: COMMENCING AT THE NORTHWEST CORNER OF SAID BLOCK 564; THENCE N51 '33 '50"E, 280.50 FEET ALONG THE SOUTHERLY LINE OF MORRIS A VENUE (66.0 FOOT WIDE PUBLIC STREET); THENCE N34'3 l' l 7"E, 74.00 FEET ALONG THE SAID SOUTHERLY LINE OF MORRIS AVENUE; THENCE N23'38'37"E, 53.10 FEET ALONG THE SAID SOUTHERLY LINE OF MORRIS AVENUE TO THE WESTERLY LINE OF SAID VACATED FIRST STREET AND THE POINT OF BEGINNING; THENCE N23'38'37"E, 37.45 FEET ALONG SAID SOUTHERLY LINE OF MORRIS AVENUE TO THE WESTERLY LINE OF FIRST STREET (33.0 FOOT WIDE PUBLIC STREET) AND THE EASTERLY LINE OF SAID VACATED FIRST STREET; THENCE S38'08'23"E, 265.31 FEET ALONG SAID WESTERLY LINE OF FIRST STREET (33.0 FOOT WIDE PUBLIC STREET) AND THE EASTERLY LINE OF SAID VACATED FIRST STREET, THENCE N51"37'02"E, 33.00 FEET TO THE EASTERLY LINE OF SAID VACATED FIRST STREET (66.0 FEET WIDE); THENCE S38'08'23"E, 48.05 FEET ALONG SAID EASTERLY LINE OF SAID VACATED FIRST STREET TO THE NORTHERLY LINE OF WESTERN A VENUE (VARIABLE WIDTH PUBLIC STREET); THENCE S5 l '46'18"W, 66.00 FEET ALONG SAID NORTHERLY LINE TO THE WESTERLY LINE OF SAID VACATED FIRST STREET AND THE SOUTHEAST CORNER OF UNIT 24, DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO. 1; THENCE N38'08'23"W, 295.62 FEET ALONG SAID WESTERLY LINE OF VACATED FIRST STREET AND THE EASTERLY LINE OF UNIT 24 AND UNIT 23, DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO. 1 TO THE POINT OF BEGINNING. DESCRIPTION OF FIRST STREET RIGHT-OF-WAY DEDICATION: THATPARTOF VACATED FIRST STREET, LYING BETWEEN BLOCK 310 AND BLOCK 311 OF THE REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON, AS RECORDED IN LIBER 3 OF PLATS, PAGE 71, MUSKEGON COUNTY RECORDS, MUSKEGON COUNTY, MICHIGAN DESCRIBED AS: COMMENCING AT THE SOUTHEAST CORNER OF SAID BLOCK 311; THENCE N38"15'5l"W, 160.68 FEET ALONG THE WESTERLY LINE OF FIRST STREET (66.0 FOOT WIDE PUBLIC STREET) TO THE SOUTHEAST CORNER OF UNIT 15, DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO.I AND THE POINT OF BEGINNING; THENCE N38"15'5l"W, 123.65 FEET ALONG THE EASTERLY LINE OF SAID UNIT 15 TO THE SOUTHERLY LINE OF WESTERN A VENUE (VARIABLE WIDTH PUBLIC STREET); THENCE N51'46'18"E, 54.78 FEET ALONG SAID SOUTHERLY LINE TO THE WESTERLY LINE OF UNIT I, DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO.2; THENCE S38"15'5 l "E, 123.51 FEET ALONG SAID WESTERLY LINE OF UNIT I TO THE NORTHERLY LINE OF SAID FIRST STREET (66.0 FOOT WIDE PUBLIC STREET); THENCE S5 l "37' 12"W, 54.78 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING. DESCRIPTION OF SECOND STREET RIGHT-OF-WAY DEDICATION: DESCRIPTION "A" THAT PART OF VACATED SECOND STREET, LYING BETWEEN BLOCK 564 AND 565 OF THE REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON AS RECORDED IN LIBER 3 OF PLATS, PAGE 71, MUSKEGON COUNTY RECORDS, MUSKEGON COUNTY, MICHIGAN DESCRIBED AS: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK 565; THENCE S38'13'49"E, 141.59 FEET ALONG THE WESTERLY LINE OF SAID SECOND STREET (66.0 FEET WIDE PUBLIC STREET) TO THE NORTHERLY LINE OF UNIT 6, DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO. I; THENCE N5 l '34' 16"E, 2.12 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING; THENCE N51'34'16"E, 30.88 FEET; THENCE N38'13'49"W, 1.00 FEET; THENCE N51"34'42"E, 33.00 FEET TO THE WESTERLY LINE OF UNIT 24, DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO. I; THENCE S38'13'53"E, 107.02 FEET ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF WESTERN AVENUE (VARIABLE WIDTH PUBLIC STREET); THENCE S51"46' 18"W, 63.88 FEET ALONG SAID NORTHERLY LINE OF WESTERN AVENUE TO THE EASTERLY LINE OF UNIT 6, DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO.!; THENCE N38"13 '53"W, 105.80 FEET ALONG SAID EASTERLY LINE OF UNIT 6, DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO. I TO THE POINT OF BEGINNING. DESCRIPTION OF SECOND STREET RIGHT-OF-WAY DEDICATION: DESCRIPTION "B" THAT PART OF VACATED SECOND STREET, LYING BETWEEN BLOCK 311 AND BLOCK 312 OF THE REVISED PLAT(OF 1903) OF THE CITY OF MUSKEGON, AS RECORDED IN LIBER 3 OF PLATS, PAGE 71, MUSKEGON COUNTY RECORDS, MUSKEGON COUNTY, MICHIGAN DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 312; THENCE N51'39'39"E, 398.41 FEET ALONG THE NORTHERLY LINE OF CLAY A VENUE TO THE SOUTHEAST CORNER OF UNIT 10, DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO. I AND THE POINT OF BEGINNING; THENCE N38'13'53"W, 285.23 FEET ALONG SAID EASTERLY LINE OF UNIT 10 AND UNIT 7, DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO.I TO THE SOUTHERLY LINE OF WESTERN A VENUE (VARIABLE WIDTH PUBLIC STREET); THENCE N51'46' 18"E, 65.23 FEET ALONG SAID SOUTHERLY LINE TO WESTERLY LINE OF UNIT 11 DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO. I; THENCE S38' 13 '53"E, 126.05 FEET ALONG SAID WESTERLY LINE TO THE SOUTHWEST CORNER OF SAID UNIT 11; THENCE N51"38'09"E, 0.77 FEET ALONG THE SOUTHERLY LINE OF SAID UNIT 11 TO THE NORTHERLY EXTENSION OF THE WESTERLY LINE OF UNIT 16, DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO.I; THENCE S38"13'53"E, I 59.06 FEET ALONG SAID NORTHERLY EXTENSION AND THE WESTERLY LINE OF SAID UNIT 16 TO SAID NORTHERLY LINE OF CLAY AVENUE; THENCE S51'39'39"W, 66.00 FEET ALONG SAID NORTHERLY LINE OF CLAY A VENUE TO THE POINT OF BEGINNING. Exhibit B Donation Letter and Waiver of Rights DONATION OF REAL PROPERTY UNDER THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (URA), AS AMENDED I, Downtown Muskegon Development Corporation, am presently the owner of the property described on attached Exhibit A. I have been formally notified that this property is to be acquired for a project to be carried out by the City of Muskegon with federal funds from the U.S. Department of Housing and Urban Development through the state of Michigan. As the prope1ty owner, I understand that I am entitled to receive just compensation for my property and cannot be required to sell the property to the City of Muskegon for less than its appraised fair market value. I also understand that I may donate my property. I have been further advised that the acquiring agency is responsible for having a real estate appraisal of my property prepared and that I may accompany the appraiser during the inspection of my property. The appraisal must be reviewed by a certified or licensed appraiser to establish just compensation for my property. The City of Muskegon has provided me a copy of HUD Booklet 1041-CPD, "When a Public Agency Acquires Your Property." I have been infmmed that the estimated fair market value of my property is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dollars ($ _ _ _ _~ and hereby release the City of Muskegon from the requirement of preparing an appraisal and donate my property to the extent the value of the property exceeds _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dollars($._ _ _ _ _ __,. I do this freely on the basis of my full understanding of my legal rights under the URA. I am under no duress or coercion and make this decision without reservation or qualification. WITNESSES: DOWNTOWN MUSKEGON DEVELOPMENT CORPORATION B,Own~ Its~ Dated: rt/'l/CJ] , 2007 STATE OF MICHIGAN COUNTY OF MUSKEGON The Dre!?,oing insti:ument was acknowledged before me this , day of L 2007 by ( V\ C cf/,_," , iv-..._ (!,._,. , for and on behalf of the DOWNTOWN MUSKEGON f.J/j • , D VELOPMENT CORP TION. JOAN YOUNG , Notary Public Notary Public, State of Michigan Sta e ofMichi,g n, County ofMuskern County of Muskegon My _c_.·o.•mr.•,.,_ sion _ E'.><pires May 29k201_ 2 My commission expires: 5 /> C/ Jo /J_ Actff:q ·,-. ;,·,·_j :~c·1n\/ 1Jf {'h.. t.A..J' .0 ..:r.....-- Acting in County of Muskegon 6 Commission Meeting Date: February 13, 2007 Date: February 5, 2007 To: Honorable Mayor & City Commission From: Planning & Economic Development Department~ RE: Smartzone- Pre-Seed Fund Agreement SUMMARY OF REQUEST: The City of Muskegon will be receiving $50,000 over a two-year period to assist with the administration of the Pre-Seed Loan fund through the State Smartzone program. The funding can be used for administration, as well as to assist potentially eligible applicants through the process. Since the loans are available throughout the Smartzone Area (not only on the actual Smartzone site- Edison Landing), staff is recommending that Muskegon Area First (MAF) administer the program. FINANCIAL IMPACT: The City will be receiving $50,000 from the State of Michigan through the Pre-Seed Fund. These funds will be used to pay MAF for administrative services. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the Letter of Agreement between the City of Muskegon and MAF and authorize the Mayor to sign. COMMITTEE RECOMMENDATION: None. '-j_))--0/ City of Muskegon And Muskegon Area First Corporation Letter of Agreement The Muskegon Area First Corporation ("MAF") agrees to provide The City of Muskegon ("City") with administration services as required by the Michigan Pre-Seed Capital Fund (attached) for a period of two years from the date of mutual agreement in the form of signatures from representative parties of both MAF and the City for a sum of fifty-thousand dollars. This Agreement can be terminated if the Ann Arbor SPARK administration is terminated. Payment from the City to MAF is contingent on the City's receipt of payment from The State of Michigan, and/or the Ann Arbor SPARK (administrator of the Statewide Smmtzone Pre-Seed Fund). The basic services to be provided by MAF are: 1. MAF will serve as contact for all interested parties applying for Pre-Seed Capital Funds and explain eligibility requirements. 2. MAF will prepare and distribute information regarding the Pre-Seed Capital Fund and its use. 3. MAF will conduct all Due Diligence for companies that are interested in applying for Pre-Seed Capital Funds and provide each eligible company application technical assistance. 4. MAF shall use funds in the manner described in the attached Use Of Funds. All expenditures and practices made by MAF with the use of Pre-Seed Capital Funds shall be subject to review by the City. 5. MAF will act as the "Fund Administrator" as defined in the attached document on behalf of the City and report to and attend meetings of the Investment Review Board (IRB), Smmtzone Governing Board, and have responsibility for Michigan Economic Development Corporation (MEDC) Strategic Fund contract management. 6. The parties agree that MAF will shm·e infonnation with the City when funds are expended on behalf of an applicant. The information will be sent in the form of a confidential memo, although it will be subject to the Freedom of Information Act (FOIA). 7. MAF will provide the City quarterly and annual reports regarding the use of the Pre-Seed Captial Funds. ( C_G=--·~~, This letter of agreement is hereby executed on __ Z (, 2007 Rolland Crummel, airperson Muskegon Area First .,· Media contact: Jennifer Cornell, Eiler Communications, 734-761-3399, Jenn@EilerPR.com Ann Arbor SPARK Receives $8 Million to Create Michigan Pre-Seed Capital Fund FOR IMMEDIATE RELEASE - October 18, 2006 -Ann Arbor, Mich. - Ann Arbor SP ARK, the driving force in establishing the Ann Arbor region as a destination for business expansion, retention, and location, was recently awarded $8 million from the Michigan 21 st Century Jobs Fund. The funding will be used to create the Michigan Pre-Seed Capital Fund, an equity fund that will invest in technology-based companies to support business formation and acceleration. "Support for technology-based start-up companies through the Michigan Pre-Seed Capital Fund will provide a strong catalyst for jobs creation and growth throughout the state, contributing to Michigan's emerging entrepreneurial-driven economy," said Ann Arbor SPARK president and CEO Michael A. Finney. "By matching funding from third party sources, such as venture capitalists and angels, the Michigan Pre-Seed Capital Fund will serve as a signal to investors that Michigan is committed to supporting entrepreneurs and developing a robust 21 st century economy. The Fund is great news for entrepreneurs, investors and high-tech communities throughout the state." The Michigan Pre-Seed Capital Fund is a collaborative effort of Michigan's 11 SmartZones. Each SmartZone is responsible for recommending an investor to the Michigan Pre-Seed Capital Fund review board. Ann Arbor SP ARK will serve as the Fund's administrator, with Skip Simms as its director. To qualify for the Michigan Pre-Seed Capital Fund, start-up companies must be representative of one of state's identified competitive technologies and have the sponsorship of its local SmartZones. In addition to SmartZone sponsorship, companies must have received grant, angel or venture capital funding greater or equal to funding requested of the Michigan Pre-Seed Capital Fund. The Michigan Pre-Seed Capital Fund's terms will match the terms of a recipient's agreement with the third party investor. The Michigan Pre-Seed Capital Fund is an equity investment fund and, as such, will receive the same returns as the third party investor. "The Michigan Pre-Seed Capital Fund is focused on providing funding to companies with a market-ready product that need financial assistance to support myriad needs, such as employment of marketing, sales, and leadership professionals, or initial customer acquisition," said Skip Simms, the director of the Michigan Pre-Seed Capital Fund. "The collaboration of SmartZones, Ann Arbor SP ARK and universities is indicative of wide- spread recognition for this type of assistance for early stage companies." Investments from the Michigan Pre-Seed Capital Fund will be determined by the Fund's review board, comprised of 11 professional investors. Each SmartZone will recommend and provide investors for the Fund's review board. "The Michigan Pre-Seed Capital Fund is a terrific initiative that will demonstrate to investors that entrepreneurs in the state have the support of their local communities and business accelerators," added Tom Kinnear, chair and president of the Venture Michigan Fund. "The resources made available to support emerging business is a key consideration of any investor; the Michigan Pre-Seed Capital Fund is sure to attract attention and interest in Michigan's emerging companies from venture capitalists, angel and other investors." Ann Arbor SPARK will begin accepting applications for funding through the Michigan Pre-Seed Capital Fund in late 2006. ABOUT ANN ARBOR SPARK Ann Arbor SP ARK, a non-profit organization, is the driving force in establishing the Ann Arbor region as a destination for business expansion, retention, and location by identifying and meeting the needs of business at every stage, from startups to large organizations. Ann Arbor SPARK represents all communities in the Washtenaw County. Ann Arbor SPARK collaborates with business, academic, government, and community investor partners including the University of Michigan, Eastern Michigan University, the Herbert and Grace Dow Foundation, Pfizer, Washtenaw County, the City of Ann Arbor, the Bank of Ann Arbor and the Michigan Economic Development Corporation. For more information, please call (734) 761-9317 or visitwww.AnnArborSPARK.org. ### SPA7392PreSeedFlyer 12/8/06 11:26 AM Page 1 The Michigan Pre-Seed Capital Fund was established to support high-tech start-up companies as they near commercial viability. The purpose of the Fnnd is to provide access to capital at an early stage of development and to position the company for external investment. Investment opportunities must be brought to the Investment Review Board through a sponsoring SmartZone. If a deal is being developed by a partner organization such as NextEnergy, Michigan Venture Capital Association {MVCA) member firms, or angel investment groups, the partner organization will select the best suited SmartZone for managing the application. Application Submission The submission package must include: Ill Executive summary mt Initial business plan Eligibility • Company overview The fund is designated for start-up companies within the • Market information following competitive edge technology sectors: • Product description II Management + fill Life sciences + D Complete curriculum vitae or resume on management II Advanced automotive, manufacturing, or materials team members II Homeland security and defense Ill Alternative energy • References-technical, professional, personal and customer Eligible companies must also meet the following criteria: ml Financial history and projections Ill Michigan based {or willing to relocate upon award of funds) • Financial statements II Ownership or license rights to innovative technology • Credit references II.I Michigan SmartZone sponsor • Certificate of Good Standing from the State of Michigan Ill A small business as defined by the United States Small • Use of funds Business Administration II Recommendation and facilitation commitment by II Evidence of follow-on investment interest or other revenue SmartZone an milestones to be accomplished Ill Completed business plan Iii Strategy tor follow-on funding Investment Guidelines Funding Decision Investments will range from $50,000 to $250,000 from the Many factors will be taken into consideration before a funding fund, matched dollar for dollar with new investments. Match decision is made including; the strength and ownership of money could be a grant or private investment. intellectual property portfolio, investment made by founders, market opportunity, length of time to market, and barriers The following do not qualify as matching funds: to entry. A due diligence checklist is available online Ill Other state monies {i.e. Michigan Technology Tri-Corridor, to assist with deal preparation and presentation at 21st Century Job Fund, Michigan University www.annarborspark.org/pre-seedfundchecklist. Commercialization Initiative) 11B Company revenues II In-kind investments Your SmartZone is available to help determine eligibility, II Other trade partner exchanges or trades identify potential investors and complete the application submission. For more information about the Pre-Seed Fund, contact your local SmartZone office or visit www.annarborspark.org. 12/8/06 11:26 AM Page 2 1. Automation Alley Oakland University and Lawrence Technological University www.automationalley.com 2. Battle Creek Aviation Western Michigan University and Kellogg Community College www.bcunlimited.org 3. Houghton/Michigan Tech Enterprise Michigan Technological University www.mtecsmart.com 4. Lansing Regional Michigan State University stowers@mbi.org 5. Mount Pleasant/Center t for Applied Research and Technology Central Michigan University www.cmurc.com 6. l(alamazoo Western Michigan University www.southwestmichiganfirst.com t 7. Grand Rapids Grand Valley State University and Van Andel Research Institute www.wmsti.org 8. Muskegon Lakeshore ~ UICHl~IH j;~ SMARTZONLS'" Grand Valley State University www.muskegonareafirst.org 9. Ann Arbor/Ypsilanti University of Michigan and Eastern Michigan University www.annarborspark.org SPJI\RK IGNITING INNOVATION 10. Detroit/Woodward Technology Corridor www. an na rborsp ark.o rg Wayne State University 734-761-9317 www.techtownwsu.org 11.Wayne County- .,...___ Pinnacle Aeroparlc Detroit Metropolitan Airport ldtyler@co.wayne.mi.us MICHl(JAN ECONOMIC DEVELOPMENT CORPOAATION www.michigan.org HNN H~~U~ 11 LUli~ r •- Feb 06 07 04:0Sp DOC-207 Log No. 06-l-P2-0l55 STRATEGIC ECONOMIC INVESTMENT AND COMMERCIALIZATION BOARD GRANT AGREEMENT The Strategic Economic Investment and Commercialization Board ("SEIC Board") on January_, 2007 enters into this agreement (the "Agreement") with Ann Arbor Spark, a Michigan nonprofit corporation ("Grantee"). Contractor: Ann Arbor Spark 330 E. Liberty Street, Lower Level Ann Arbor, MI 48104 Federal I.D. No: 20-2931519 lndex/PCA: 80000/55682 Telephone: 734-213-6292 Recitals 2005 PA 215 ("Act"), and in particular, MCL 125.2088k, created the SEIC Board for the purpose of awarding grants and loans for basic research, applied research, university technology transfer and commercialization of products, processes and services to encourage the development of competitive edge technologies to create jobs in Michigan. Section 88a(g) of the Act, MCL l25.2088a(g), defines "competitive edge technology" as "one or more of the following: (i) Life sciences technology. (ii)Advanced automotive, manufacturing, and materials technology. (iii) Homeland security and defense technology. (iv) Alternative energy technology." At its January 6, 2006 Board meeting, the SEIC Board approved the issuance of requests for proposals ("RFP") for grants to be submitted by applicants from Michigan institutions of higher education, Michigan nonprofit research institutions, and Michigan nonprofit corporations. At its January 6, 2006 Board meeting, the SEIC Board resolved that, subject to the control and direction of the SEIC Board, the Michigan Economic Development Corporation ("MEDC") will provide administrative services relating to these i:,~·ant submissions. Grantee submitted a project application ("Proposal") in response to the RFP, describing how financial support could be used by Grantee to accomplish milestones in the area of support services for life sciences technology, advanced automotive, manufacturing and materials technology, homeland security and defense technology or alternative energy technology within the State of Michigan. After independent peer review for scientific and technical merit, personnel expertise, commercial merit and the ability to leverage additional funding, the Proposal was approved by the SEIC Board in Hl1N HKtlUK 11 £UllC accordance with alf applicable provisions of the Act, including MCL 125.2088k(7) and 125 .2088k(3 )(ii). By Resolution dated October 16, 2006, the SEJC Board offered Grantee a grant in the amount of Eight Million and 00/100 Dollars ($8,000,000.00) to be disbursed under the te1ms and conditions of this Agreement. As used in this Agreement, the SEIC Board and Grantee are individually a "Party'' and, collectively, the "Parties." 1. NATURE OF ACTIVITIES. The Grantee will receive this grant to undertake pre-seed funding ("Grant Activities"). 2. PERFORMANCE SCHEDULE. The tenn of this Agrnement shall begin on January , 2007 (the "Starting Date) and end on ___________, 2008 (the "Ending Date"). 3. INCORPORATION BY REFERENCE. The following documents are incorporated by reference as binding obligations, terms and conditions of the Agreement: Attachment A: Grantee's Budget Attachment B: Grantee's Milestones Attachment C: Grantee's Proposal Attachment D: Grantee Certifications In the event of any inconsistency between the provisions of Attachments A, B, or C and this _,,-. Agreement, the provisions of this Agreement shall control. 4. GRANT PAYMENT SCHEDULE INFORMATION. A. Payments. The SEIC Board agrees to provide the Grantee a grant in an amount not to exceed $8,000,000 ("Grant Funds"). An initial payment in the amount of $2,482,000 shall be made within 30 days of the Starting Date, if the Grantee has verified that the information in the State of Michigan (the "State") Vendor ID system is sufficient to authorize the disbursement of funds. The Grantee's performance of the Grant Activities shall be reflected in a semi-annual progress repo11 (as required by Section 6C), and any such other information obtained by the SEIC Board, and, if found by the Portfolio Manager (defined in Section 5) to evidence that the Grantee is in material compliance with the requirements of this Agreement and the scope of work spelled out in Attachments A, B, and C, the second payment of $2,316,000 will be made to the Grantee. The third payment of $1,600,000 and the fourth payment of $1,525,000 will be disbursed upon receipt and approval by the Portfolio Manager of the Grantee's progress as described in the milestones listed in Attachment B and the semi- amrnal progress report. The final payment of $77,000 will be made upon receipt and approval by the SEIC Board of the final progress report demonstrating achievement of milestones and material compliance with Attachments A, B, and C. The expenditure of state funds shall be reported by line item and compared to the approved budget. SEIC Board's obligation to disburse any portion of the Grant shall be suspended upon the ? r- • • Feb 06 u·, u1:u·1p HNN HKHUK 11 £LIii~ occunence, and during the continuance of an Event of Default (as defined in Section 11). Any changes to the amount of Grant Funds disbursed must receive prior written approval from the Pon:folio Manager; provided, however, that the final payment may not change without the prior wiitlen approval of the SEIC Board. B. Grantee's Budget. All Grant Funds will be spent in the manner set forth in the Grantee's Budget (Attachment A). The Grantee may reallocate expenditures between categories within the Grantee's Budget ofup to ten percent (10%) of total Grant Funds without prior approval of the Portfolio Manager, if any reallocation is in compliance with MCL 125.2088k. Grant Funds may not be used to pay employees or contractors who perfonn services outside the State without the prior written approval by the Portfolio Manager and the SE!C Board, unless identified in an approved budget. This Agreement does not commit the SEIC Board to approve requests for additional funds during or beyond the tenn of this Agreement. 5. PORTFOLIO MANAGER: The MEDC is providing administrative services to the SE!C Board for this grant. The Grantee should communicate with the following MEDC representative, who shall serve as Portfolio Manager for this Grant: MEDC Portfolio Manager Michigan Economic Development Corporation 300 N. Washington Square Lansing, Michigan 489 l 3 Fax: (517) 241-0559 6. GRANTEE DUTIES. The Grantee agrees to: A. Undertake and complete the activities as described in the Grantee's Milestones and its Proposal (Attachments B and C). B. Provide access to its facilities and records relevant to the tenns of the contract related to the use of the Grant Funds for SEIC Board, the Michigan Strategic Fund ("MSF") Board and MEDC and their respective personnel upon reasonable notice and during nonnal wOJking hours. Grantee acknowledges that the SE!C Board or its designee anticipates undertaking, al a minimum, an annual site visit at approximately the annual anniversary date of the Agreement. Grantee shall cooperate with the chief compliance officer, if contacted, as provided in MCL 125.2088i(6)(h). Grantee shall also provide the auditor general with access to books and records, including financial records and all other infonnation and data relevant to the tenns of the contract related to the use of the grant as provided by MCL 125.208811(3). C. Provide to the Portfolio Manager semi-annual summary progress repo1ts (the "Semi- Annual Progress Reports") due 011 each May 1 and November 1 for the six month period ending prior to the due date, for payment on each June 1 and December l, and a final progress report (the "Final Progress Report")(collectively the "Reports"). The first progress report is due May 1, 2007. The Semi-Annual Progress Reports shall include, at a minimum, a description of the milestones achieved during that reporting period, budget, metrics, statistics, intellectual property and commercialization status, Feb 06 07 04:07p ANN H~BU~ 11 ~UN~ any supporting documentation or any other infom1atio11 or data reasonably requested by the Pmtfolio Manager to assess compliance with the Grantee's Budget and Milestones (Attachments A and B, respectively). Consistent with the reporting requirements in 2005 PA 215, the Grantee shall also provide the following infonnation relative to these Grant Activities: • The entity that has received funding, the amount received and the type of funding; • The number of new patents, copyrights, or trademarks applied for and issued; • The number of new start-up businesses created; • The number of new jobs [created] and projected new job growth; • Amounts of other funds leveraged; • Money or other revenues or property returned to the investment fund; • The total number of new licensing agreements by institution and the number of new licensing agreements entered into with Michigan firms; and • Products commercialized. Within three (3) months following the completion of the last milestone, the Grantee shall provide the SEJC Board and Portfolio Manager with a Final Progress Report. The Final Progress Report shall be a comprehensive report that shall include sufficient infom1ation to establish that the milestones identified in Attachment B have been achieved during the grant period and that Grantee has complied with the Grantee's Budget (Attachment A), and shall include a description of metrics, statistics, intellectual property and commercialization status, any supporting documentation and any other information or data requested by the Portfolio Manager to assess compliance with Grantee's Budget and Milestones (Attachments A and B, respectively). The reports shall be in a form as approved in advance by the Portfolio Manager. Reprints of pnblications published pursuant to this award are to be included in the Semi-Annual Progress Reports and the Final Progress Report pursuant to Section 14. The Grantee shall provide immediate notice to the SEIC Board and the Portfolio Manager of any material change to activities funded with the Grant, including, but not limited to, changes to key personnel. All material changes to milestones and increases in budget (other than as provided in Section 4B above) must be pre-approved in writing by the Portfolio Manager and the SEIC Board. D. Comply with all laws, ordinances, regulations, rules, orders, judgments, decrees or other requirements imposed by any govemmental autho1ity to which it is subject, including those related to research misconduct and research integrity during the term of this Agreement and will provide immediate notice to the SEIC Board of any alleged or proven violation relevant to the terms of the contract and related to the use of the Grant Funds. In addition, the Grantee shall obtain any licenses, permits or other governmental authorization necessary to cany out its duties under the Agreement. E. Not use the Grant Funds for the development of a stadium or arena for use by a professional sports team or for the development of a casino regulated by the state of Michigan under the Michigan gaming control and revenue act, as further described in ~- MCL 125.2088k(5). Feb OS 07 04:U~p HNN Ht<tlUK 1 I ('.'...Ullt:. 7. GRANTEE REPRESENTATIONS. In addition to the certifications set forth in Attachment D, the Grantee affinns to the best of its knowledge that it or its affiliates, subsidiaries, officers, directors, managerial employees involved in the Grant Activities, and any person who, directly or indirectly, holds a pecuniary interest in Grantee of 20% or more: • Do not have any criminal convictions incident to the application for or perfo1mance of a state contract or subcontract. • Do not have any criminal convictions or have not been held liable in a civil proceeding, that negatively reflects on the person's business integrity, based on a finding of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or violation of state or federal antitrust statutes. 8. RELATIONSHIP OF THE PARTIES. Neither the Grantee, nor any employee or agent of Grantee is currently an employee or agent of the SEIC Board, MSF Board or MEDC as a result of this Agreement. The Grantee will notify the SEIC Board if any director or trustee, employee or agent of Grantee becomes a director, employee or agent of the SE!C Board, MSF Board or MEDC during the tenn of this Agreement. The SEIC Board is not responsible for any insurance or other fringe benefits, including, but not limited to, social secutity, workers' compensation, income tax withholdings, retirement or leave benefits, for the Grantee or its employees. The Grantee assumes full responsibility for all costs and expenses associated with its perfonnance of the matters set forth in its Proposal (Attachment C) including, but not limited to, the provision of all insurance coverage and fringe benefits for its employees, all tools, supplies, materials, equipment and office space. The Grantee shall retain all control of its employees and staffing decisions, independent of the direction and control of the SEIC Board, the MSF Board and the MEDC. It is disclosed, acknowledged and acceptable that two members of the Grantee's Board of Directors also serve as members of the SEIC Board: Dr. David Canter and Mary Sue Coleman, President of the University of Michigan. 9. PUBLICITY. Any publicity, advertising or news releases regarding this Agreement by either party shall only contain the infonnation, material or data mutually approved in writing by the. Parties. Announcements, press releases and publicity about the awards or awardees that does not contain research results shall not be subject to this paragraph. 10. ACCESS TO RECORDS AND CONFIDENTIALITY. The Grantee shall maintain reasonable books and records, including evidence that the duties as set forth in this Agreement actually were performed, and the identity of all individual persons, finns and entities paid for such duties, and shall allow access and inspection of those books and records including financial records and all other infonnation and data relevant to this Agreement (including infonnation or data deemed by the Grantee as confidential information) to the Portfolio Manager, any employee of the MSF, the SEIC Board, the MEDC, the chief compliance officer and the auditor general of the State of Michigan. Those records shall be retained for a minimum period of 3 years beyond tennination of this grant, or such length of time as required under applicable state or federal law. The Grantee shall adhere to the Generally Accepted Accounting Principles and shall maintain records which will allow for the comparison of actual outlays with budgeted amounts. The Grantee's overall financial management system must ensure effective control over and accountability for all funds received. Accounting records must be supported by source documentation such as time sheets and invoices. The SEIC Board, MSF and MEDC shall disclose confidential infonnation only ' Feb 06 07 04:Utlp HNN HKtlUK 11 £Ulit r- • • to the extent required by applicable law (including, without limitation, the Freedom of lnfomrntion Act). The MSF, SEIC Board and MEDC shall maintain the confidentiality of all Grantee's confidential infom1atio1i acknowledged as confidential by the MSF Board pursuant to the Act. However, neither the MSF, SEIC Board nor MEDC shall be liable for any inadvertent disclosure of any of the Grantee's confidential information. 11. TERMINATION OR CANCELLATION. A. The SEIC Board may tenninate this Agreement by providing written notice of default and termination to the Grantee ("Notice of Default and Intent to Terminate") upon the occun-ence of any of the following events or conditions ("Event of Default"): (i) any representation made by the Grantee is determined by the SEIC Board, in its reasonable judgment, to be incorrect in any material respect at the time that such representation was made; (ii) the Grantee's failure to comply with MCL 125.2088k(6); (iii) the Grantee's failure to comply with any of the terms and conditions of this Agreement; and (iv) expenditure of the Grant for purposes other than as set fmth in this Agreement. The Notice of Default and Intent to Terminate shall provide the Grantee a period of at least forty-five (45) calendar days to cure the Event of Default. If the Event of Default remains uncured following the forty.five (45) calendar-day period, the SEIC Board shall provide Final Notice of Termination ("Final Notice"), which shall be effective as of the date of the Final Notice. B. Grantee acknowledges that SElC Board's perfonnance of its payment obligation is dependent upon the continued receipt of government funding. In the event that the State Legislature or any State official, commission, authority, body, or employee, or the federal government (a) takes any legislative or administrative action, which fails to provide, terminates or reduces the funding necessary for this Grant, or (b) takes any legislative or administrative action, which is unrelated to the source of funding for this Grant, but which affects the SEIC Board's ability to fund and administer this Grant, and other SEIC Board programs, then the SEIC Board may cancel this Agreement by providing notice to the Grantee of cancellation. Cancellation may be made effective immediately, upon delivery of notice to the Grantee, or with such other time period as the SEIC Board, in its sole discretion, deems reasonable. C. Upon the sooner of an event of default or termination of this Agreement, the SEIC Board shall not be obligated to make any grant disbursements except for irrevocable or non-cancelable contractual commitments a1ising prior to the declared event of default or termination of this agreement. The Grantee shall, unless otherwise directed by the SEIC Board in writing, immediately take all reasonable steps to terminate operations under this Agreement, and to avoid or minimize further expenditures under this Agreement. The Grantee shall reimburse the SEIC Board for disbursements of the p.o Feb OS 07 04:0Bp ANN ARBOR IT Z • Nc Grant detennined to have been expended for purposes other than those proposed in the Grantee's Proposal, and for the Grant which was previously disbursed, but not yet expended by the Grantee, and which are not subject to an irrevocable or non- cancelable commitment. D. In accordance with 2005 PA 215, if the SEIC Board or theMSF Board has a reasonable belief that a breach of this Agreement has occurred, the MSF has the right to have the Grantee's financial statements separately audited by an independent certified public accountant at its sole cost and expense. lf the audit reveals that a breach of this Agreement has occurred, the Grantee shall reimburse the MSF for the fees and expenses incurred to perfonn the audit. 12. MEDC EMPLOYEES. The Grantee will not hire any employee of the MEDC to perfonn any duties covered by this Agreement without prior written approval from the SEIC Board and the CEO of the MEDC. 13. CONFIDENTIAL INFORMATION. Except for infonnation provided to the SElC Board and the MEDC at its request or as part of this grant, the Grantee and its employees, agents, or representatives shall not release during the term of this Agreement and for five (5) years thereafter, other than to the extent compelled by law, any information or data, including but not limited to, targeted business lists, economic development analyses, computer programs, or databases furnished to the Grantee by the SEIC Board or MEDC (collectively "Confidential lnfonnation") without the written consent of the SEIC Board or MEDC, as appropriate. Confidential infonnation does not include information that is already in the possession of, or is independently developed by, Grantee; becomes publicly available other than through breach of this Section; or is received by Grantee from a third party with authorization to make such disclosures or is released with the appropriate prior written consent of the SE!C Board or MEDC. 14. PUBLICATIONS. Except for Confidential [nfonnation described in Section 13, the SEIC Board agrees that any person perfom1ing work funded under this Agreement shall be pennitted to present at symposia, national, or regional professional meetings, and to publish in journals, theses or dissertations, or otherwise of their own choosing, methods and results of their research. Grantee shall, at its sole discretion and at its sole cost and expense, prior to publication, seek intellectual propeity protection for any Inventions (as defined in Section 15) if commercially warranted. Grantee shall submit to tJ1e SEIC Board and Portfolio Manager a reprint of all articles that Grantee has published resulting from work performed hereunder with the Semi-Annual Progress Report as required under Section 6. Grantee shall acknowledge the work was supported by Grant #155 of the 21st Century Jobs Trust Fund received through the SEIC Board from the State of Michigan, as appropriate, in any such publication. 15. INTELLECTUAL PROPERTY RIGHTS. The Grantee shall retain ownership to the entire right, title, and interest in any inventions, improvements, or discoveries developed or produced under this Agreement, including, but not limited to, concepts, know-how, software, materials, methods, and devices (" Inventions") and shall have the right to enter into license agreements covering Inventions. The Grantee grants to the SEIC Board a non-exclusive, royalty-free, irrevocable, worldwide license to use Inventions for its governmental, non- 7 Feb 06 07 04: • Sp ANN ARBOR IT ZONE commercial purposes. This license includes the right to sublicense on a royalty-free basis, but the sublicense shall be for governmental and non-commercial purposes only. The SEIC Board agrees to promptly notify the Grantee of any sub licenses to Inventions. This obligation shall survive cancellation or tennination of this Agreement. Grantee may, at its sole discretion, provide its subcontractors, collaborators and consultants the rights to retain title to Inventions they make in perfonnance of any pa1t of the Grant Activities. Grantee shall require each of its subcontractors, collaborators or consultants to grant the SEIC Board a non- exclusive, royalty-free, inevocable, worldwide license to use Inventions for its governmental, non-commercial purposes. This license includes the right to sublicense on a royalty-free basis, but the sublicense shall be for governmental and non-commercial purposes only. 16. CONFLICT OF INTEREST. The Grantee affinns that the Disclosure Statement submitted with its Proposal includes full disclosure of all material and infonnation requested, and supports its assertion there exists no achial or potential conflict of interest between the Grantee, the Grantee's key personnel or its family, business, or financial interest (Grantee's Interests) and the activity, including, but not limited to, capital investment activities, under this Grant. The Grantee affinus that it has a procedure in place to require disclosure and subsequent management of conflicts of interest between the Grantee's key personnel, its family's, or business's financial interests and its activities, including, but not limited to, capital investment activities, under the Grant. In the event of a change in either its private interests or activities, including, but not limited to, capital investment activities, under this Grant, Grantee will infonn the SE!C Board regarding possible conflicts of interest that may arise as a result of such change. 17. INDEMNIFICATION AND GRANTEE LIABILITY INSURANCE. To the extent allowed by law, the Grantee shall indemnify, defend and hold hannless the SEIC Board, the MSF, and the MEDC, including their respective participants, committee members, officers, agents and employees, from any damages that it may sustain through the negligence or willful misconduct of the Grantee pertaining to the perfonnance of this Agreement. The Grantee shall maintain such insurance as necessary to comply with this provision. The Grantee will provide and maintain its own public liability, property damage, and workers' compensation insurance. The insurance shall be written for not less than any limits of liability required by law for the Grantee's obligation of indemnification under this Agreement. 18. TOTAL AGREEMENT. This document, together with all Attachments, contains the entire agreement between the Parties, superseding any prior or concurrent agreements with respect to the subject matter, and supersedes all prior agreements, understandings and communications, of any nature with respect to the subject matter, and no oral or written terms or conditions which are not contained in this Agreement shall be binding upon the Parties. This Agreement may not be amended except by written agreement executed by the Parties. 19. ASSIGNMENT/TRANSFER/SUBGRANTING. The Grantee shall not assign, transfer, convey, sub-contract, sub-grant or otherwise dispose of any duties or rights w1der this Agreement except as described in the Proposal, without the prior written approval of the SEIC Board. Furthermore, the Grantee shall not, without the prior written approval of the SEIC Board, either (i) merge or consolidate with any other person or entity or (ii) dissolve, liquidate or otherwise dispose of its assets, except in the ordinary course of business. The tenns and conditions of this Agreement shall be binding upon and inure to the benefit of the Parties and ,,-~ their respective successor(s) and pennitted assign(s). Grantee agrees that in the event of its /..:l"TbC:.:JtJt::t:lt, t" 4 .1 U Feb 06 07 04:lOp ANN ARBOR IT ZONc dissolution or merger, Grant Fw1ds received under this Agreement not subject to in-evocable or non-cancelable contract commitments arising prior to the dissolution or merger shall be reimbursed to the SEIC Board. 20. NON-DISCRIMINATION AND UNFAIR LABOR PRACTICES. In connection with this Agreement, the Grantee agrees not to discriminate against any employee or applicant for employment, with respect to their hire, tenure, tenns, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or mental disability unrelated to the individual's ability to pcrfonn the duties of the particular job or position. The Grantee further agrees that every subcontract entered into for perfonnance of this grant will contain a provision requiring nondiscrimination in employment, as specified in this Agreement, binding upon each subcontractor. This covenant is required pursuant to the Elliot Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101, et seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq., and any breach thereof may be regarded as a material breach of this Agreement. In addition, as provided in Executive Directive 2003-24, the Grantee agrees not to discriminate against any employee or applicant for employment, with respect lo their hire, tenure, tcnns, conditions or privileges of employment, or any matter directly or indirectly related to employment because of sexual orientation unrelated to the individual's ability to perfonn the duties of the paiiicular job or position. Pursuant to 1980 PA 278, MCL 423.321, et seq., the State shall not award a grant or subcontract to an employer whose name appears in the current register of employers failing to conect an unfair labor practice compiled pursuant to MCL 423.322. The United States Labor Relations Board compiles this infonnation. The Grantee shall not enter into a contract with a subcontractor, manufacturer, or supplier whose name appears in this register. Pursuant lo Section 4 of 1980 PA 278, MCL 423.324, the State may void any contract if, subsequent to the award of the contract, the name of the Grantee as an employer, or the name of a subcontractor, manufacturer, or supplier of the Grantee appears in the register. 21. TRADE SECRETS ACT. The SEIC Board and MSF claim the additional protection for misappropriation of trade secrets, which include targeted business lists, economic development analyses, computer programs and databases under the Michigan Unifonn Trade Secrets Act, 1998 PA 448, MCL 445.1901 et seq. The SEIC Board and MSF retain their right under this Act to actual loss and unjust enrichment caused by the misappropriation. The SEIC Board and MSF further retain the right to seek to enjoin any disclosure of trade secrets or other breach of the use of confidential infonnation, at any time, and retain all applicable legal and equitable remedies. 22. PREVAILING WAGE. If the activities funded by this Grant involve construction of a building or of facilities, the Grantee, its sub-grantees and sub-contractors shall comply with prevailing wage and fringe benefit rates for the same or similar work in the locality in which the work is to be performed. 23. FRINGE BENEFITS. Grantee understands that neither Grantee nor Grantee's employees or contract personnel are eligible to participate in any employee pension, health, vacation pay, -~. sick pay, or other fringe benefit plan of the SEIC Board or MEDC. 9 Feb 06 07 04:l • p ANN ARBOR IT ZONE 24. "WORKERS' COMPENSATION. The SEIC Board or MEDC shall not obtain workers' compensation insurance on behalfofGrantee or Grantee's employees. ff Grantee hires employees to perform any work under this Agreement, Grantee shall cover them with workers' compensation insurance and shall maintain such insurance during the tenn of this Agreement. The SEIC Board or MEDC may, in its discretion, require Grantee to provide evidence of such coverage. 25. UNEMPLOYMENT COMPENSATION. The SEIC Board or MEDC shall make no state or federal unemployment compensation payments on behalf of Grantee or Grantee's employees or Grantee personnel. Grantee will not be entitled to these benefits in connection with work perfmmed under this Agreement. If Grantee files a petition for and receives unemployment compensation, the total amount of unemployment compensation awarded to and received by Grantee shall be deducted from and be an offset against the amount of compensation due and payable to Grantee by the SEIC Board under this Agreement. 26. GOVERNING LAW. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Michigan. The tenns of this provision shall survive the termination of this Agreement. 27. WAIYER. A failure or delay by the SEIC Board, the MSF or Grantee in exercising any right with respect to this Agreement will not be presumed to operate as a waiver unless otherwise stated in this Agreement, and a single or partial exercise of any right will not be presumed to preclude any later or further exercise of that right, or the exercise of any other right. 28. AVAILABLE REMEDIES. The tennination of this Agreement by the SEIC Board is not intended to be the sole and exclusive remedy, and shall be cumulative and in addition to every other provision or remedy given in this Agreement or now or hereafter existing at law, in equity, by statute or otherwise. 29. FURTHER ACTS. The Parties agree to perform any further acts to execute and deliver any further documents, which may be reasonably necessary to carry out this Agreement. 30. NOTICES. Any notice, approval, request, direction or other communication under this Agreement shall be given in writing and ,hall be deemed to have been delivered and given for all purposes: (i) on the delivery date, if delivered by electronic mail or by confirmed facsimile; (ii) on the delivery date, if delivered personally to the Party to whom it is directed; (iii) one (1) business day after deposit with a commercial overnight carrier, with written verification ofreceipt; or (iv) three (3) business days after the mailing date, whether or not actually received, if sent by United States mail, return receipt requested, postage and charges prepaid, or any other means ofrapid mail delivery for which a receipt is available. The notice address for the Parties shall be the address set forth below, with the other relevant notice inforn1ation, including the recipient for notice and, as applicable, such recipient's fax number or e-mail address, to be as reasonably identified by notifying Party. The SEIC Board and the Grantee may, by notice to the other party, designate any further or different addresses or parties to send subsequent notices. Feb 06 07 04: I Ip ANN ARBOR IT ZUN~ Michigan Economic Development Corporation 300 N. Washington Square Lansing, MI 48913 Ann Arbor Spark 330 E. Liberty Street, Lower Level Ann Arbor, MI 48104 31. AUTHORITY TO EXECUTE THIS AGREEMENT. The signatories below warrant that they are empowered to enter into this Agreement on behalf of their respective Party. 32. SEVERABILITY. The invalidity or unenforceability ofa particular provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, if the principal intent of this Agreement can be preserved. 11 Feb 06 07 04:llp ANN ARBOR IT ZONE 73462,H:lctl~ p. 1.:, ANN ARBOR SPARK ~ By dJ.J!tY. h Its ~6J C[O Date: ~ - / S( 2DD 1 STRATEGIC ECONOMIC INVESTMENT AND COMMERCIALIZATION BOARD By: ---------- Its: Date: --------- .-----. 12 Feb 06 07 04:12p ANN ARBOR IT ZONE Marketing Budget Outline Collaterals Services Brochure $ 15,000 I.D. Package $ 7,000 Demographic Profile Brochure $ 15,000 Annual Report $ 15,000 Case Study Sheets $ 10,000 Lead Development Material $ 15,000 Facts & Rankings Brochure $ 15,000 Total Collaterals $ 92,000 Public Relations Success Story program $ 60,000 Industry publication story placement $ 30,000 Awards discovery and applications $ 12,000 Total PR $ 102,000 Direct Mail Campaign to Site Selectors $ 15,000 Corporate Campaign $ 15,000 Total Direct Mail $ 30,000 Website Educational Section build-out $ 15,000 Additional content and upgrades $ 20,000 Total Website $ 35,000 Trade Shows and Events SSTI Event $ 25,000 NASVIA Event $ 25,000 Deals of the Year $ 12,000 CEO Roundtable - 4X $ 5,000 Site Selectors FAM tour $ 25,000 Corporate FAM Tour $ 25,000 Fast Track $ 10,000 Total Trade Shows $ 127,000 Grand Total $ 386,000 Date: February 14, 2007 To: Honorable Mayor and City Commissioners From: Finance Director RE: Transfer of Fire and 517M Employees to MERS SUMMARY OF REQUEST: Members of the City's Firefighter and DPW/517M unions have voted in favor of moving pension administration for their members to MERS - the Municipal Employees' Retirement System of Michigan. The change affects current employees who are members of the city's defined benefit pension plan. New hires and current members of the defined contribution plan are not impacted by this change. Approval of this change effectively means that the City will no longer have locally-administered pension plans. FINANCIAL IMPACT: MERS provides a cost-effective solution for retirement system administration. As the City faces tight budgets, it is essential that we take advantage of opportunities to maintain or improve seNice levels while lowering costs. MERS provides such an opportunity. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve the attached resolutions moving Fire and 517M employees to MERS and authorizing the Mayor, Clerk and other required city officials to sign the documents necessary to implement this move. COMMITTEE RECOMMENDATION: None. PARMENTER O'TOOLE Altonreys at Law Memorandum DATE February 6, 2007 TO: Tim Paul FROM: Linda S. Kaare RE: Union Fire & 517M to MERS DB plan Dear Tim, Attached are the documents for City Commission meeting on February 13, 2007 to move the union fire and 517M to the MERS DB plan. 1. Resolution to Adopt MERS DB plan for Union Fire Employees. 2. Resolution for Defining Day of Work/Hours per Month - Union Fire Employees. 3. Resolution to Adopt MERS DB plan for Union 517M Employees. 4. Resolution for Defining Day of Work/Hours per Month-Union 517M Employees. G:\EDSI\FIL ES\00100\1402\Mf:MO\DBB131. DOC 2007-14(i) MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN RESOLUTION FOR ADOPTING MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN DEFINED BENEFIT PROGRAMS (OTHER THAN DB COMPONENT OF HYBRID PROGRAM) The City Commission of the City of Muskegon, whose fiscal year is (month and day) January 1 to December 31, desires to make available to its eligible employees (as defined below) benefits provided by the Municipal Employees' Retirement System of Michigan (MERS), as authorized by 1996 PA 220. Benefits available are those provided under the Plan Document of 1996. IT IS RESOLVED that pursuant to the Initial Actuarial Valuation dated _ _ _ _ _ _ _ _ _, ____ , by MERS' actuary, MERS benefits stated in Section 1 below are to be pro_xidoo·to-the-following_employee...division--(.e.g.,.gen.s'.rnl,-:PO]i_c.~::il:!1d fire, DPW, union, non-union):(!:_ocal 517M, Unit2 of the Service Employees International Union. ' 1 ·~-·----.. ______(S..,~!ate resolut10ns are required for each d1v1s10n) __ __..-' Please note: If no Initial Valuation has been done by MER$' actuary on the specific benefit program (or combination of programs) selected below; or the Initial Valuation is more than one (1) year old at the time MERS' coverage becomes effective as provided under Section 4 of this Resolution; then, per Retirement Board requirements, this Resolution will not be implemented until a current actuarial valuation is done by MERS' actuary and necessary supporting contribution rates certified. 1. Benefit programs/formulae (e.g., B-2 /DROP+/ F55 / V-8 I PAC 3 / E-2) selected are: B3 (2.25% 80% Max, No Max for Employees with 35+ Years as of 4/1/07), V!0, FAC3 F55/30 D2 RS50 (If other than standard MERS' retirement benefits, supporting colleclive bargaining agreement to accompany this Resolution) 2. The required employee contribution is 5%. (May be any percentage m hundredths of a percent, not to exceed ten [10] percent, unless higher rate is established by collective bargaining agreement accompanying this Resolution.) 3.1 Prior service credit with this municipality/court rendered previously by each covered employee in the division is subject to and shall be credited as provided under Section 2C(3) of the MERS Plan Document and Restated Initial Actuarial Valuation and Supplemental Valuation Procedure (FormOG) (as approved by the Retirement Board), whose respective terms are incorporated by reference. Choose only one: A. X All prior service from date of hire. B. _Portion of prior service (actual service up to _ _ _ years); or _ _%. C. _ Prior service proportional to assets transferred. D. _ No prior service (if D selected, go to Section 4). F02 Rcsol Adopting MERS DB (9-19-06) Page I of2 I 3.2 The Initial Valuation discloses the actuarial reduction in the employer's future contribution rate that will occur where assets of a preceding qualified plan (whether defined benefit or defined contribution plan) and/or other source are transferred to MERS. 3.3 In all asset transfers, the employer shall furnish MERS with all necessary and specific information required by MERS on the allocation of employer and employee contributions and investment earnings, along with taxable and nontaxable status on the employee contribution portion. 4. The effective date of this Resolution for making deductions for the employee contributions specified above, and for the payment of necessary employer contributions to MERS, as required in the Plan Document, shall be the same date that MERS' coverage begins, which is April 1, 2007. 5. For municipalities, Plan Section 41 requires adoption by affirmative vote of a majority of the governing body; for courts, see Plan Section 41A. A complete copy of the fully executed collective bargaining agreement (if applicable), and certified copy of the complete official minutes or other official authorizing action for the open meeting at which this resolution was adopted must be foiwarded to MERS with this resolution. Certified this 1 3th day of February 2007 ------------- By: ~'\fhJ:\\'\li\J\~ ,\ Q),,y l,V\ Ann Marie Becker, MMC Title: City Clerk - - - - - -- -- - - - -- - F02 Resol Adopting MERS DB (9-19-06) Page 2of2 2007-14(i) MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN RESOLUTION FOR DEFINING A DAY OF WORK OR HOURS PER MONTH FOR MERS RETIREMENT PURPOSES Note: To adopt the part-time to full-time employee service credit program under Plan Document Section 4(6), the governing body must adopt the Unifo1·m Resolution Defining Hours Per Month For Part-Time [rnplovees c111d Service Credit Conversion Upon Prnrnotion to Full-Time Stcitus. In accordance with Section 3(1) of the MERS Plan Document, as the _ _ _ _ _ _ _ __ City Cornnission City of Muskegon (Governing Body) (Municipality) does hereby certify that a day of work, or the number of hours of work in a month, for - -- - -'Loca=-==1'---"'5_,_1_,_7----'U""'m'-"-'--'t..__..2........_.FmLllpi,,:.l...,o""yP-e-' · -ec...s,..___ _ _ _ _ _ _ _ for retirement purposes, shall (Indicate all employees or division name and number) consist of one of the following to be effective as of __A_p_·r_i_1_1_ _ _ _ _ _ _ , 2007 (Date) (Please complete either A or B) A. ____ A day shall consist of _ _ _ _ _ hours. (Ten (10) days a month of such work days equals one month of credited service.) B. _...;_;___ A month shall consist of -----~ /.SO hours, (Each month of such work hours equals one month of credited service,) I hereby certify that the above is a true copy of a Resolution adopted at the meeting of the governing body held on ____F_e_b_r_u_a_r----=--y_1_3_ _ __ _ __ , 2007 (Date) City Clerk (Signature of Authorized Official) (Title) Ann Marie Becker, MMC RETURN TO: Municipal Employees' Retirement System of Michigan 1134 Municipal Way Lansing, MI 48917 F04 Resol-Day of Work 09/30/0J (reviewed 9• l 9-06) 2007-14(i) MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN RESOLUTION FOR ADOPTING MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN DEFINED BENEFIT PROGRAMS (OTHER THAN DB COMPONENT OF HYBRID PROGRAM) The City Commission of the City of Muskegon, whose fiscal year is (month and day) January 1 to December 31, desires to make available to its eligible employees (as defined below) benefits provided by the Municipal Employees' Retirement System of Michigan (MERS), as authorized by 1996 PA 220. Benefits available are those provided under the Plan Document of 1996. IT IS RESOLVED that pursuant to the Initial Actuarial Valuation dated _ _ _ _ _ _ _ _ _ _ _ _ _, by MERS' actuary, MERS benefits stated in Section 1 below are to be prov· the following emplo.y_e.e..divis.ion__(~.,g_., general, police and fire, DPW, union, non-union)· Muskegon Firefighters Local 370. ----... - ... _" (Separate resolutions are required for each divi~ Please note: If no Initial Valuation has been do11e by MER'S'~ctuary on the specific benefit program (or combination of programs) selected below; or the Initial Valuation is more than one (1) year old at the time MERS' coverage becomes effective as provided under Section 4 of this Resolution; then, per Retirement Board requirements, this Resolution will not be implemented until a current actuarial valuation is done by MERS' actuary and necessary supporting contribution rates certified. I. Benefit programs/formulae (e.g., B-2 / DROP+ / F55 / V-8 / FAC 3 / E-2) selected are: 2.75% Multiplier, 85% Max, VIO, FAC3, F53/25, D2, RS50 (If other than standard MERS' retirement benefits, supporling col!cctivc bargaining agreement to accompany this Resolu1ion) 2. The required employee contribution is 6%. (May be any percentage in hundredths of a percent, not to exceed ten [10] percent, unless higher rate is established by collective bargaining agreement accompanying this Resolution.) 3.1 Prior service credit with this municipality/court rendered previously by each covered employee in the division is subject to and shall be credited as provided under Section 2C(3) of the MERS Plan Document and Restated Initial Actuarial Valuation and Supplemental Valuation Procedure (Form 06 l (as approved by the Retirement Board), whose respective terms are incorporated by reference. Choose only one: A. X All prior service from date of hire. B. _ Portion of prior service (actual service up to _ _ _ years); or _ _%. C. ____ Prior service proportional to assets transferred. D. _ No prior service (if D selected, go to Section 4). F02 Resol AdoptingMERS DB (9·19-06) Page l of2 3.2 The Initial Valuation discloses the actuarial reduction in the employer's future contribution rate that will occur where assets of a preceding qualified plan (whether defined benefit or defined contribution plan) and/or other source are transferred to MERS. 3.3 In all asset transfers, the employer shall furnish MERS with all necessary and specific information required by MERS on the allocation of employer and employee contributions and investment earnings, along with taxable and nontaxable status on the employee contribution portion. 4, The effective date of this Resolution for making deductions for the employee contributions specified above, and for the payment of necessary employer contributions to MERS, as required in the Plan Document, shall be the same date that MERS' coverage begins, which is April 1, 2007. 5. For municipalities, Plan Section 41 requires adoption by affirmative vote of a majority of the governing body; for courts, see Plan Section 41A. A complete copy of the fully executed collective bargaining agreement (if applicable), and certified copy of the complete official minutes or other official authorizing action for the open meeting at which this resolution was adopted must be forwarded to MERS with this resolution. Certified this 13th day of _ __F_e_ b_r_u_a_r_.y>----------- 2007 . Title: City Clerk - --='---- - -- -- - - -- - Ann Marie Becker, MMC F02 Resol Adopting MERS DB (9-19-06) Page 2 of2 2007-14(i) MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN RESOLUTION FOR DEFINING A DAY OF WORK OR HOURS PER MONTH FORMERS RETIREMENT PURPOSES Note: To adopt the part-time to full-time employee service credit program under Plan Document Section 4(6), the governing body must adopt the Uniform Resolution Defining Hours Per Month For Part-Tim~ Emplovees and Service Credit Conversion Upon Promotion to Full-Time Status. In accordance with Section 3(1) of the MERS Plan Document, as the _ _ __ _ _ __ _ City Commission City of Muskegon (Governing Body) (Municipality) does hereby certify that a day of work, or the number of hours of work in a month, for _ _l_o_y,_ee_s_ _______ __ _ for retirement purposes, shal I u_m_·o_n_F_i_·r_e_Emp ______ (Indicate all employees or division name and number) consist of one of the following to be effective as of _ _A_pr_1._·1_1_ _ _ _ _ _ __ 2007 (Date) (Please complete either A or B) A. ____ Aday shall consist of _ _ ___ hours. (Ten (10) days a month of such work days equals one month of credited service.) B. - - -- A month shall consist of :J lu_ hours. (Each month of such work hours equals one month of credited service.) I hereby certify that the above is a true copy of a Resolution adopted at the meeting of the governing body held on February 13 2007 (Date) City Clerk (Signature of Authorized Official) (Title) Ann Marie Becker, MMC RETURN TO: Municipal Employees' Retirement System of Michigan 11 34 Municipal Way Lansing, MI 48917 F04 Resol-Day of Work 09/30/0) (reviewed 9-19-06) Date: 02/12/07 To: Honorable Mayor and City Commission From: DPW RE: Budgeted Vehicle Replacement SUMMARY OF REQUEST: Approval to purchase one Dodge Ram 1500 Quad Cab 4X4 truck. FINANCIAL IMPACT: $20,228.29 BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve purchase using The Michigan State Purchasing Contract. Memorandum To: Honorable Mayor and City Commissioners From: DPW Date: 02/12/07 Re: Budgeted Vehicle Replacement The Equipment Division has scheduled the replacement of one quad cab four wheel drive pickup truck to replace a 2000 Expedition used by the Fire Department. This vehicle is used by the on duty Battalion Chief to respond to emergencies throughout the city. It is also used to carry supplies and equipment from venders to the three Fire Stations throughout the City. I have requested prices from area dealers as well as the statewide purchasing contract. The State Purchasing Contract is the lowest bid. Attached is a summary of the bids. In accordance with established purchasing policy, we are requesting permission to purchase one Dodge quad cab four wheel drive pickup truck using the State Purchasing Contract. 1 - - - - - - - t - - - - - - -Family Auto - ------ ------- Lakeshore ------ Dodge Michigan ---- State Contract ----------. ---1---- -- Type of \/ehicle 3146 Henry _ 4235__Fruitvale L.. 6131 Pennsylvania Muskegon ---------- -- - Mich 4944'Montague ------ ------------------ Mich ---- ------ ---------------- - ------49437! ---- ----r--- Lansing Mich 48911 One Dodge1500 Quad Cab -,--- 4 X4 truck $23,940.00 $30,646.00 §20,228.29 -,-- --- -- , - - - - - - - - - - --------------1------ i _j _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _+-_ - -- --------- Commission Meeting Date: February 6, 2007 Date: February 13, 2007 To: Honorable Mayor & City Commission From: Community and Neighborhood Services Department RE: Purchase of 1080 E. Laketon Ave SUMMARY OF REQUEST: To approve the purchase of 1080 E. Laketon Ave from the U. S. Dept. of HUD for $1.00 through its Good Neighbor program. In which, a municipality can purchase a home for one dollar, if a property is on the market for more than six months. After 1080 E. Laketon Ave is obtained the City will contract to that the house totally rehabilitate then sale it to a qualified family continuing the City's aggressive neighborhood revitalization efforts. FINANCIAL IMPACT: The dollar will come from Community and Neighborhood Services HOME program income fund. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the request to purchase the $1.00 home. COMMITTEE RECOMMENDATION: None needed 24-195-000-0034-00 1080 E LAKETON AVE STREET VIEW 12/00 Commission Meeting Date: February 6, 2007 Date: February 13, 2007 To: Honorable Mayor & City Commission From: Community and Neighborhood Services Department RE: Purchase of 627 E. Apple Ave SUMMARY OF REQUEST: To approve the purchase of 627 E. Apple Ave from the U. S. Dept. of HUD for $1.00 through its Good Neighbor program. In which, a municipality can purchase a home for one dollar, if a property is on the market for more than six months. After 627 E. Apple Ave is obtained the City will contract to that the house totally rehabilitate then sale it to a qualified family continuing the City's aggressive neighborhood revitalization efforts. FINANCIAL IMPACT: The dollar will come from Community and Neighborhood Services HOME program income fund. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the request to purchase the $1.00 home. COMMITTEE RECOMMENDATION: None needed 24-205-064-0004-10 627 E APPLE AVE 8/21/00 AGENDA ITEM NO. _ _ _ _ _ __ CITY COMMISSION MEETING _ _ _ _ _ _ __ TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: February 8, 2007 RE: Deputy City Clerk Salary Range Change SUMMARY OF REQUEST: To upgrade the salary range for the Deputy City Clerk position from Range X to Range IX of the Non-represented Employee Salary Schedule. FINANCIAL IMPACT: $3,049 is the difference in the top of the two ranges. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the requested salary range change. COMMITTEE RECOMMENDATION: None. pb\AGENDA\DEP CITY CLK SALARY RANGE CHG 020807 CITY COMMISSION MEETING Tuesday, February 13, 2007 TO: Honorable Mayor and City Commissioners FROM: Anthony L. Kleibecker Director of Public Safety DA TE: January 24, 2007 SUBJECT: Contract Agreement-Pagers-American Messaging SUMMARY OF REQUEST: Public Safety Division staff request that the Commission consider our request to enter into a contract with American Messaging Services (AMS), LLC of White Lake, Michigan to provide paging services for emergency personnel. The service is used to disseminate emergency messages and for staff call-back. We have agreed to administer a master account that would also include Muskegon Central Dispatch, Muskegon Charter Township and the Fruitport Fire Department. We have requested service for 133 units. AMS has quoted a price of $5.25 per unit, which results in a 17% savings over the previous contract with Verizon Wireless. AMS recently purchased the paging service from Verizon. We are requesting that the agreement be for two years. FINANCIAL IMPACT: The cost is provided for in the 2007 budget and will be a paii of the 2008 budget. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of this request. AMERICAN MESSAGING Date: 1/23/2007 To: Mark Kincaid From, Chene Kokovich R!!: Renewal Agreement for Pagers Priority, [Urgent] Hi Mark, As requested, I am enclosing a renewal agreement for the City of Muskegon pagers. These include the City of Muskegon, Muskegon Central Dispatch, Muskegon Charter Township & Fruitport Fire under your Master account agreement. The total cost that will be saved is 17% of your existing agreement. Please check One or Two Years under TERM. Please have contract signed where X'd and all pages initialed in the bottom right hand comer and fax back to me to 248-666-2743. Also return an original copy to me in the self addressed stamped envelope provided and keep the pink copy for your records. I will forward on to our corporate office for their signature and they will return a signed copy to you. Please call or email me with any questions you may have. I look forward to hearing from you! Thanks! / / Ut/Lli/ I') 'dc-t~,A_, Cherie Kokovich Corporate Account Executive 888-639-1770/248-417-1111 FAX# 248-666-2743 chelie.kokovich@americanmessaginq.net www.americanmessaging.net elk Confidential 1 Ff t.<J "\ , , ,,,.,,.._.~,1,µ \./I_.,,.,· . .. -- _J · American Messaging Services, LLC /~American CUSTOMER AGREEMENT ~ Messaging ~c~ount Name C ;ry_ O;:: _H {/5k't::'_6QN{Jl//jtez\i E-mail Address (Optional) _ _ _ Contact Name (Authorized Contact) • I consent or • I do not consent to American Messag~ ~, - ----- ------ Services, LLC using my e-mail address to inform me of new __Corporate, • Individual Account I Password 1 products, services and other related information. Bilttn_gAddress 1 1/3?; ;CU/Jt:,1£ Service Address 1 Address 2 Service Addre_s_s~ 2 - - - - - - - - --- -----1 ·' Service City ,service State ' Service Zip Code / J'l/1?.'=,-.IA---l Commenwc <.5R',tllf//JO Numeric o Lease • Purchase Activation Fee per unit: $ : • Statewide Overcall Charges per call:$------- ---~~-- SRC Code:_ - Alpha/Text' )(Lease • Purcha-se--1__:::_.,===-1-- t.JIJLc_cL,"-+--"'__,_,_,--"""-= 13 Activation Fee per unit: $ - __':I Sta_tewide $ Overcall Charges per call: $ ~ 1::J Regional . SRC Code: 0 Nationwide $ $ 2-way ' • Lease • Purchase • Local $ $ Activation Fee per unit:$ ________ . • Statewide $ $ Over-Packet Charges per packet: $--- • Regionai $ 1$· · · · - - - - - - SRC Code: ' • Nationwid-e-+---- .$ $ 'Packets apply to 2-way service and are blocks of 1oo characters (rounded up to the nearest 100 characters); example: a 185-character message is two packets. 'All alpha/text and 2-way pagers include news broadcasts at no extra charge. This includes news, sports and entertainment information. American Messaging is not responsible for the content of these broadcasts/information. • One (1) year • Two (2) years • ___ If no box checked then one (1) yeartenn. Date: February 13, 2007 To: Honorable Mayor and City Commission From: Engineering RE: Grant Applications for Safety Funds SUMMARY OF REQUEST: Authorize staff, by adopting the attached resolution, to submit the following projects for possible Safety Funds in 2008: 1- Sherman @ Henry intersection improvements; estimated total cost of the project is $200,000, local match is $50,000. 2- Sidewalks along the north side of Sherman between Barclay & Henry; estimated total cost is $50,000 of which $15,000 would be the local match. FINANCIAL IMPACT: A local share of 25% will be required for all projects. BUDGET ACTION REQUIRED: None at this time, should either or both be approved for grants they will be listed in the 2008 budget. STAFF RECOMMENDATION: Authorize staff to submit the applications. COMMITTEE RECOMMENDATION: Commission Meeting Date: February 13, 2007 Date: January 25, 2007 To: Honorable Mayor & City Commission From: Planning & Economic Development Department RE: Public Hearing and Resolution Revoking the Personal & Real Property Components of the Industrial Development Certificate - Bekaert Corporation. SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, the City of Muskegon requests that the personal property component and the real property component of the Industrial Development Certificate No. 01-329 issued to Bekaert Corporation be revoked. The certificate was originally requested June 14, 2001 by Bekaert Corporation. Bekaert Corporation ceased operations in 2006 and the building is vacant. FINANCIAL IMPACT: Bekaert Corporation will reimburse the abated taxes. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To hold a public hearing and authorize the Mayor and Clerk to sign the resolution revoking the personal property component and the real property component of IFT certificate No. 01- 329. COMMITTEE RECOMMENDATION: None. Resolution No. 2007-16 (a) MUSKEGON CITY COMMISSION RESOLUTION REVOKING THE PERSONAL PROPERTY COMPONENT OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE NO 01-329 BEKAERT CORPORATION WHEREAS, THE City of Muskegon issued an Industrial Facilities Exemption Ce1tificate to Bekaert Corporation. in 2001; and WHEREAS, a signed Tax Abatement Contract between Bekaert Corporation, and the City of Muskegon took effect on July 10, 2001, with Bekaert Corporation, agreeing to install $2,999,364 in machinery and equipment and $233,000 in real property; and WHEREAS, the Industrial Facilities Exemption Certificate is scheduled to expire in 2007 for personal property and 2013 for real property; and WHEREAS, Section Three of the Tax Abatement Contract states that "the closing of the Company's facilities in the City" shall be considered and event of default; and WHEREAS, according to Section Four of the Tax Abatement Contract, in instances of default Bekaert Corporation, consents to the immediate revocation of the IFT Certificate; and WHEREAS, appropriate certified notice has been sent to Bekaert Corporation on January 25, 2007, notifying the company of the intent to revoke the personal property component and real property component of Industrial Facilities Exemption Certificate No. 01-329 NOW THEREFORE BE IT RESOLVED by the Muskegon City Commission that Industrial Facilities Exemption Ce1tificate No. 01-329, for Bekaert Corporation, is revoked. Adopted this 1 3th day of February, · 2007. Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter, and Davis Nays: None Absent None B~ < Attest~ L, j ~~ Gi t , IL"\ Ann Marie Becker City Clerk 2007-16(a) CERTIFICATION I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on February 13, 2007. By:\ ~ r v / J ~ \);v(jl;L, Ann Marie Becker City Clerk City of Muskegon Bekaert Corp. IFT Contract Default Tax Abatement Remedy Amounts Allocated to Taxing Units Taxing Unit Amount County & Community College 21.712.53 Intermediate School Dist 9,090.19 City 26,476.31 Orchard View Schools Oper 43,127.17 Orchard View Schools Debt 15,797.71 Hackley Library 5,805.16 State Education 0.00 Administration Fee 1,053.12 Total 123,062.19 Summary Muskegon County (County, MCC & State Ed) 21,712.53 Muskegon Area Intermediate Sch Dist 9,090.19 City of Muskegon (City & Admin) 27,529.43 Orchard View Schools (Oper. & Debt) 58,924.88 Hackley Library 5,805.16 Total 123,062.19 Bekaert Corp Abated Taxes Total Printed on 1/24/2007 City of Muskegon Remedy on Default of Contract for Tax Abatement - Bekaert Corp. For 2002 Property Tax Bills Property Assessed to: Bekaert Steel Wire Corp Bekaert Corp PO Box 608 Orrville, OH 44667 Parcel No. Property Class Taxable Value 61-24-980-201-0329-00 /FT- Real 138,000 Tax without Abated Taxing Unit Tax Paid Abatement Taxes County & Community College 614.05 1,228.12 614.07 Intermediate School Dist 259.41 518.82 259.41 City 695.42 1,390.85 695.43 Orchard View Schools Oper 1,226.22 2,452.45 1,226.23 Orchard View Schools Debt 0.00 0.00 0.00 Hackley Library 165.60 331.20 165.60 State Education 828.00 828.00 0.00 Administration Fee 30.93 53.59 22.66 Total 3,819.63 6,803.03 2,983.40 Parcel No. Property Class Taxable Value 61-24-982-201-0329-00 /FT - Personal, New 186,000 Tax without Abated Taxing Unit Tax Paid Abatement Taxes County & Community College 827.64 1,655.29 827.65 Intermediate School Dist 349.64 699.29 349.65 City 937.30 1,874.62 937.32 Orchard View Schools Oper 1,652.74 3,305.48 1,652.74 Orchard View Schools Debt 0.00 0.00 0.00 Hackley Library 223.20 446.40 223.20 State Education 1,116.00 1,116.00 0.00 Administration Fee 41.70 72.22 30.52 Total 5,148.22 9,169.30 4,021.08 2002 year difference between the industrial facilities tax which company has paid and the total property taxes to the relevant taxing units it would have paid: $7,004.481 Bekaert Corp Abated Taxes 2002 Printed on 112412007 City of Muskegon Remedy on Default of Contract for Tax Abatement - Bekaert Corp. For 2003 Property Tax Bills Property Assessed to: Bekaert Steel Wire Corp Bekaert Corp PO Box 608 Orrville, OH 44667 Parcel No. Property Class Taxable Value 61-24-980-201-0329-00 /FT- Real 136,000 Tax without Abated Taxing Unit Tax Paid Abatement Taxes County & Community College 611.95 1,223.92 611.97 Intermediate School Dist 255.54 511.09 255.55 City 685.26 1,370.53 685.27 Orchard View Schools Oper 1,208.45 2,416.91 1,208.46 Orchard View Schools Debt 476.00 952.00 476.00 Hackley Library 163.20 326.40 163.20 State Education 680.00 680.00 0.00 Administration Fee 33.95 61.10 27.15 Total 4,114.35 7,541.95 3,427.60 Parcel No. Property Class Taxable Value 61-24-982-201-0329-00 /FT - Personal, New 167,300 Tax without Abated Taxing Unit Tax Paid Abatement Taxes County & Community College 752.79 1,505.60 752.81 Intermediate School Dist 314.35 628.71 314.36 City 842.97 1,685.95 842.98 Orchard View Schools Oper 1,486.57 2,973.16 1,486.59 Orchard View Schools Debt 585.55 1,171.10 585.55 Hackley Library 200.76 401.52 200.76 State Education 836.50 836.50 0.00 Administration Fee 41.76 75.17 33.41 Total 5,061.25 9,277.71 4,216.46 2003 year difference between the industrial facilities tax which company has paid and the total property taxes to the relevant taxing units it would have paid: $7,644.061 Bekaert Corp Abated Taxes 2003 Printed on 112412007 City of Muskegon Remedy on Default of Contract for Tax Abatement - Bekaert Corp. For 2004 Property Tax Bills Property Assessed to: Bekaert Steel Wire Corp Bekaert Corp PO Box608 Orrville. OH 44667 Parcel No. Property Class Taxable Value 61-24-980-201-0329-00 /FT - Real 139,128 Tax without Abated Taxing Unit Tax Paid Abatement Taxes County & Community College 626.04 1,252.07 626.03 Intermediate School Dist 261.42 522.84 261.42 City 770.54 1,541.09 770.55 Orchard View Schools Oper 1,236.24 2,472.50 1,236.26 Orchard View Schools Debt 486.94 973.90 486.96 Hackley Library 166.95 333.91 166.96 State Education 834.76 834.76 0.00 Administration Fee 36.11 63.90 27.79 Total 4,419.00 7,994.97 3,575.97 Parcel No. Property Class Taxable Value 61-24-982-201-0329-00 /FT - Personal, New 1,449,400 Tax without Abated Taxing Unit Tax Paid Abatement Taxes County & Community College 6,522.00 13,043.73 6,521.73 Intermediate School Dist 2,723.42 5,446.85 2,723.43 City 8,027.35 16,054.71 8,027.36 Orchard View Schools Oper 12,878.93 25,757.87 12,878.94 Orchard View Schools Debt 5,072.90 10,145.80 5,072.90 Hackley Library 1,739.28 3,478.56 1,739.28 State Education 8,696.40 8,696.40 0.00 Administration Fee 376.32 665.69 289.37 Total 46,036.60 83,289.61 37,253.01 2004 year difference between the industrial facilities tax which company has paid and the total property taxes to the relevant taxing units it would have paid: I $40.828.981 Bekaert Corp Abated Taxes 2004 Printed on 1/24/2007 City of Muskegon Remedy on Default of Contract for Tax Abatement - Bekaert Corp. For 2005 Property Tax Bills Property Assessed to: Bekaert Steel Wire Corp Bekaert Corp PO Box 608 Orrville, OH 44667 Parcel No. Property Class Taxable Value 61-24-980-201-0329-00 /FT - Real 140,900 Tax without Abated Taxing Unit Tax Billed Abatement Taxes County & Community College 632.60 1,265.20 632.60 Intermediate School Dist 264.75 529.50 264.75 City 780.27 1,560.54 780.27 Orchard View Schools Oper 1,251.99 2,503.99 1,252.00 Orchard View Schools Debt 493.15 986.30 493.15 Hackley Library 169.08 338.16 169.08 State Education 845.40 845.40 0.00 Administration Fee 36.56 64.69 28.13 Total 4,473.80 8,093.78 3,619.98 Parcel No. Property Class Taxable Value 61-24-982-201-0329-00 /FT - Personal, New 1,243,700 Tax without Abated Taxing Unit Tax Billed Abatement Taxes County & Community College 5,584.07 11,167.68 5,583.61 Intermediate School Dist 2,336.91 4,673.82 2,336.91 City 6,887.36 13,774.60 6,887.24 Orchard View Schools Oper 11,051.14 22,102.29 11,051.15 Orchard View Schools Debt 4,352.95 8,705.90 4,352.95 Hackley Library 1,492.44 2,984.88 1,492.44 State Education 7,462.20 7,462.20 0.00 Administration Fee 322.79 570.97 248.18 Total 39,489.86 71,442.34 31,952.48 2005 year difference between the industrial facilities tax which company has/will pay and the total property taxes to the relevant taxing units it would have had to pay: I$35,572.461 Bekaert Corp Abated Taxes 2005 Printed on 112412007 City of Muskegon Remedy on Default of Contract for Tax Abatement - Bekaert Corp. For 2006 Property Tax Bills Property Assessed to: Bekaert Steel Wire Corp Bekaert Corp PO Box 608 Orrville, OH 44667 Parcel No. Property Class Taxable Value 61-24-980-201-0329-00 /FT- Real 138,400 Tax without Abated Taxing Unit Tax Billed Abatement Taxes County & Community College 620.01 1,239.98 619.97 Intermediate School Dist 260.05 520.11 260.06 City 766.26 1,532.53 766.27 Orchard View Schools Oper 1,245.60 2,491.20 1,245.60 Orchard View Schools Debt 484.40 968.80 484.40 Hackley Library 166.08 332.16 166.08 State Education 830.40 830.40 0.00 Administration Fee 25.13 63.83 38.70 Total 4,397.93 7,979.01 3,581.08 Parcel No. Property Class Taxable Value 61-24-982-201-0329-00 /FT - Personal, New 1,098,800 Tax without Abated Taxing Unit Tax Billed Abatement Taxes County & Community College 4,922.50 9,844.59 4,922.09 Intermediate School Dist 2,064.64 4,129.29 2,064.65 City 6,083.61 12,167.23 6,083.62 Orchard View Schools Oper 9,889.20 19,778.40 9,889.20 Orchard View Schools Debt 3,845.80 7,691.60 3,845.80 Hackley Library 1,318.56 2,637.12 1,318.56 State Education 6,592.80 6,592.80 0.00 Administration Fee 199.53 506.74 307.21 Total 34,916.64 63,347.77 28,431.13 2006 year difference between the industrial facilities tax which company has/will pay and the total property taxes to the relevant taxing units it would have had to pay: I $32.012.21 I Bekaert Corp Abated Taxes 2006 Printed on 1/24/2007 Commission Meeting Date: February 13, 2007 Date: January 25, 2007 To: Honorable Mayor & City Commission From: Planning & Economic Development Department U?:C. RE: Public Hearing and Resolution Revoking a Personal Property Industrial Development Certificate - Competitive Edge Wood Specialties, Inc. SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, the City of Muskegon requests that the real property component of the Industrial Development Certificate No. 99-053 issued to Competitive Edge Wood Specialties, Inc. be revoked. The certificate was originally requested November 24, 1998 by Competitive Edge Wood Specialties, Inc. Competitive Edge Wood Specialties, Inc. ceased operations in 2006 and the building is vacant. FINANCIAL IMPACT: Competitive Edge Wood Specialties, Inc. will reimburse the abated taxes. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To hold a public hearing and authorize the Mayor and Clerk to sign the resolution revoking the real property component of IFT certificate No. 99-053. COMMITTEE RECOMMENDATION: None. Resolution No. 2007- 16 ( b) MUSKEGON CITY COMMISSION RESOLUTION REVOKING THE PERSONAL PROPERTY COMPONENT OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE NO 99-053 COMPETITIVE EDGE WOOD SPECIALTIES, INC. WHEREAS, THE City of Muskegon issued an Industrial Facilities Exemption Certificate to Competitive Edge Wood Specialties, Inc. in 1998; and WHEREAS, a signed Tax Abatement Contract between Competitive Edge Wood Specialties, and the City of Muskegon took effect on November 24, 1998, with Competitive Edge Wood Specialties, Inc., agreeing to install $61,000.00 in real property for the construction of the building; and WHEREAS, the Industrial Facilities Exemption Ce1tificate is scheduled to expire in 2012 for real property; and WHEREAS, Section Three of the Tax Abatement Contract states that "the closing of the Company's facilities in the City" shall be considered and event of default; and WHEREAS, according to Section Four of the Tax Abatement Contract, in instances of default Competitive Edge Wood Specialties, Inc., consents to the immediate revocation of the IFT Certificate; and WHEREAS, appropriate certified notice has been sent to Competitive Edge Wood Specialties, Inc., on January 25, 2007, notifying the company of the intent to revoke the real prope1ty component of Industrial Facilities Exemption Certificate No. 99-053 NOW THEREFORE BE IT RESOLVED by the Muskegon City Commission that Industrial Facilities Exemption Certificate No. 99-053, for Competitive Edge Wood Specialties, Inc., is revoked. Adopted this 1 3th day of February , : 2"0 o1. Ayes: Shepherd, Spataro, Warmington, Wierenga, Carter, Davis , and Gawron Nays: None Absent None \ \\/.\:v•J\\.~' \*) Lck..,L Attest: . ii , " Marie Becker Ann City Clerk 2007-16(b) CERTIFICATION I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on February 13, 2007. By~ \"' "~\\ :XM~ (~ t A/\ Ann Marie Becker City Clerk City of Muskegon Competitive Edge Wood Specialties IFT Contract Default Tax Abatement Remedy Amounts Allocated to Taxing Units Taxing Unit Amount County & Community College 330.54 Intermediate School Dist 128.32 City 388.43 Muskegon Public Schools Oper 666.24 Muskegon Public Schools Debt 259.09 Hackley Library 80.19 State Education 0.00 Administration Fee 14.67 Total 1,867.48 Summary Muskegon County (County, MCC & State Ed) 330.54 Muskegon Area Intermediate Sch Dist 128.32 City of Muskegon (City & Admin) 403.10 Muskegon Public Schools (Oper. & Debt) 925.33 Hackley Library 80.19 Total 1,867.48 Total Printed on 1/30/2007 CompeUlive Edge Wood Specialties Abated Taxes City of Muskegon Remedy on Default of Contract for Tax Abatement. Competitive Edge Wood Specialties For 2000 Property Tax Bill Property Assessed to: Competitive Edge Wood Specialties 711 E Savidge St Spring Lake, Ml 49456 Parcel No. Property Class Taxable Value 61-24-980-099-0053-00 /FT-Real 12,300 Tax without Abated Taxing Unit Tax Paid Abatement Taxes County & Community College 54.53 109.07 54.54 Intermediate School Dist 17.24 34.50 17.26 City 62.02 124.06 62.04 Muskegon Public Schools Oper 110.70 221.40 110.70 Muskegon Public Schools Debt 43.05 86.10 43.05 Hackley Library 6.11 12.23 6.12 State Education 73.80 73.80 0.00 Administration Fee 3.06 5.37 2.31 Total 370.51 666.53 296.02 2000 year difference between the industrial facilities tax which company has paid and the total property taxes to the relevant taxing units it would have paid: $296.02 I Competitive Edge Wood Specialties Abated Taxes 2000 Printed on 1/30/2007 City of Muskegon Remedy on Default of Contract for Tax Abatement - Competitive Edge Wood Specialties For 2001 Property Tax Bill Property Assessed to: Competitive Edge Wood Specialties 711 E Savidge St Spring Lake, Ml 49456 Parcel No. Property Class Taxable Value 61-24-980-099-0053-00 /FT-Real 10,200 Tax without Abated Taxing Unit Tax Paid Abatement Taxes County & Community College 44.89 89.79 44.90 Intermediate School Dist 14.19 28.40 14.21 City 51.40 102.81 51.41 Muskegon Public Schools Oper 91.80 183.60 91.80 Muskegon Public Schools Debt 35.70 71.40 35.70 Hackley Library 12.24 24.48 12.24 State Education 61.20 61.20 0.00 Administration Fee 2.60 4.59 1.99 Total 314.02 566.27 252.25 2001 year difference between the industrial facilities tax which company has paid and the total property taxes to the relevant taxing units it would have paid: $252.251 Competitive Edge Wood SpeclaHles Abated Taxes 2001 Printed on 1130/2007 City of Muskegon Remedy on Default of Contract for Tax Abatement - Competitive Edge Wood Specialties For 2002 Property Tax Bill Property Assessed to: Competitive Edge Wood Specialties 711 E Savidge St Spring Lake, Ml 49456 Parcel No. Property Class Taxable Value 61-24-980-099-0053-00 /FT - Real 10,526 Tax without Abated Taxing Unit Tax Paid Abatement Taxes County & Community College 46.83 93.68 46.85 Intermediate School Dist 19.78 39.57 19.79 City 53.04 106.09 53.05 Muskegon Public Schools Oper 94.73 189.47 94.74 Muskegon Public Schools Debt 36.84 73.68 36.84 Hackley Library 12.63 25.26 12.63 State Education 63.15 63.15 0.00 Administration Fee 2.75 4.85 2.10 Total 329.75 595.75 266.00 2002 year difference between the industrial facilities tax which company has paid and the total property taxes to the relevant taxing units it would have paid: $266.00 I 2002 Printed on 1/3012007 Competitive Edge Wood Specialties Abated Taxes City of Muskegon Remedy on Default of Contract for Tax Abatement - Competitive Edge Wood Specialties For 2003 Property Tax Bills Property Assessed to: Competitive Edge Wood Specialties 711 E Savidge St Spring Lake, Ml 49456 Parcel No. Properly Class Taxable Value 61-24-980-099-0053-00 /FT- Real 10,300 Tax without Abated Taxing Unit Tax Paid Abatement Taxes County & Community College 46.34 92.69 46.35 Intermediate School Dist 19.35 38.71 19.36 City 51.89 103.80 51.91 Muskegon Public Schools Oper 92.70 185.40 92.70 Muskegon Public Schools Debt 36.05 72.10 36.05 Hackley Library 12.36 24.72 12.36 State Education 51.50 51.50 0.00 Administration Fee 2.57 4.65 2.08 Total 312.76 573.57 260.81 2003 year difference between the industrial facilities tax which company has paid and the total property taxes to the relevant taxing units it would have paid: $260.81 CompetiUve Edge Wood Specialties Abated Taxes 2003 Printed on 1/3012007 City of Muskegon Remedy on Default of Contract for Tax Abatement - Competitive Edge Wood Specialties For 2004 Property Tax Bills Property Assessed to: Competitive Edge Wood Specialties 711 E Savidge St Spring Lake, Ml 49456 Parcel No. Property Class Taxable Value 61-24-980-099-0053-00 /FT - Real 10,200 Tax without Abated Taxing Unit Tax Paid Abatement Taxes County & Community College 45.88 91.79 45.91 Intermediate School Dist 19.16 38.33 19.17 City 56.49 112.98 56.49 Muskegon Public Schools Oper 91.80 183.60 91.80 Muskegon Public Schools Debt 35.70 71.40 35.70 Hackley Library 12.24 24.48 12.24 State Education 61.20 61.20 0.00 Administration Fee 2.65 4.71 2.06 Total 325.12 588.49 263.37 2004 year difference between the industrial facilities tax which company has paid and the total property taxes to the relevant taxing units it would have paid: $263.371 2004 Printed on 1130/2007 Compe1itlve Edge Wood Speciattles Abated Taxes City of Muskegon Remedy on Default of Contract for Tax Abatement - Competitive Edge Wood Specialties For 2005 Property Tax Bills Property Assessed to: Competitive Edge Wood Specialties 711 E Savidge St Spring Lake, Ml 49456 Parcel No. Property Class Taxable Value 61-24-980-099-0053-00 /FT -Real 10,300 Tax without Abated Taxing Unit Tax Billed Abatement Taxes County & Community College 46.22 92.49 46.27 Intermediate School Dist 19.35 38.71 19.36 City 57.03 114.08 57.05 Muskegon Public Schools Oper 92.70 185.40 92.70 Muskegon Public Schools Debt 36.05 72.10 36.05 Hackley Library 12.36 24.72 12.36 State Education 61.80 61.80 0.00 Administration Fee 2.67 4.75 2.08 Total 328.18 594.05 265.87 2005 year difference between the industrial facilities tax which company has/will pay and the total property taxes to the relevant taxing units it would have had to pay: $265.871 Competitive Edge Wood Speciatties Abated Taxes 2005 Printed on 1/30/2007 City of Muskegon Remedy on Default of Contract for Tax Abatement - Competitive Edge Wood Specialties For 2006 Property Tax Bills Property Assessed to: Competitive Edge Wood Specialties 711 E Savidge St Spring Lake, Ml 49456 Parcel No. Propetty Class Taxable Value 61-24-980-099-0053-00 /FT-Real 10,200 Tax without Abated Taxing Unit Tax Billed Abatement Taxes County & Community College 45.67 91.39 45.72 Intermediate School Dist 19.16 38.33 19.17 City 56.47 112.95 56.48 Muskegon Public Schools Oper 91.80 183.60 91.80 Muskegon Public Schools Debt 35.70 71.40 35.70 Hackley Library 12.24 24.48 12.24 State Education 61.20 61.20 0.00 Administration Fee 2.65 4.70 2.05 Total 324.89 588.05 263.16 2006 year difference between the industrial facilities tax which company has/will pay and the total property taxes to the relevant taxing units it would have had to pay: $263.161 competitive Edge Wood Specialties Abated Taxes 2006 Printed 011 113012007 Date: February 13, 2007 To: Honorable Mayor and City Commissioners From: Engineering RE: Public Hearing Create a Special Assessment District for: CRESTON ST., EVANSTON AVE .. TO LAKETON AVE. SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment for Creston St, Evanston Ave. to Laketon Ave., and to create the special assessment district and appoint two City Commissioners to the Board of Assessors if it is determined to proceed with the project FINANCIAL IMPACT: None at this time. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To create the special assessment district and assign two City Commissioners to the Board of Assessors by adopting the attached resolution COMMITTEE RECOMMENDATION: CITY OF MUSKEGON Resolution No. 2007-16 ( c) Resolution At First Hearing Creating Special Assessment District For CRESTON ST., EVANSTON AVE. TO LAKETON AVE. Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: 1. A hearing has been held on February 13, 2007 at 5:30 o'clock p.m. at the City Commission Chambers. Notice was given by mail and publication as required by law. 2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file with the City and have been reviewed for this hearing. 3. At the hearing held February 13, 2007, there were 13.07 % objections by the owners of the property in the district registered at the hearing either in writing received before or at the hearing or by owners or agents present at the hearing, and the Commission has considered the advisability of proceeding with the project. FINDINGS: I. The City Commission has examined the estimates of cost to construct the project including all assessable expenses and determines them to be reasonable. 2. The City Commission has considered the value of the property to be assessed and the value of the benefit to be received by each property proposed to be assessed in the district after the improvements have been made. The City Commission determines that the assessments of costs of the City project will enhance the value of the properties to be assessed in an amount at least equivalent to the assessment and that the improvement thereby constitutes a benefit to the prope1ty. THEREFORE, BE IT RESOLVED: I. The City Commission hereby declares a special assessment district to include the property set forth in Exhibit A attached to this resolution. 2. The City Commission determines to proceed with the improvements as set forth in the feasibility study and estimates of costs, and directs the City Engineer to proceed with project design, preparation of specifications and the bidding process. If appropriate and if bonds are to be sold for the purposes of financing the improvements, the Finance Department shall prepare plans for financing including submission of application to the Michigan Department of Treasury and the beginning of bond proceedings. 3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners Carter and _ _.:_W:.::i:.::e-=r-=en=g"-o=------ and the City Assessor who are hereby directed to prepare an assessment roll. · Assessments shall be made upon front foot basis. 4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately 10.09% of the cost of the street improvement will be paid by special assessments. 5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all owners and persons interested in properties to be assessed of the hearing at which the City Commission will consider confirmation of the special assessment roll. This resolution adopted. Ayes Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and Shepherd Nays None CITY OF MUSK.EGON By~Ann MariebwwR&.1= Becker, City Clerk C, ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on February 13, 2007. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Publi_c Acts of 1976. CITY OF MUSK.EGON By\ ~ ~\ ~ ~ V) Ann Marie Becker, City Clerk <i EXHIBIT A CRESTON ST., EVANSTON AVE.. TO LAKETON AVE. SPECIAL ASSESSMENT DISTRICT All properties abutting that section of CRESTON ST., FROM EVANSTON AVE. TO LAKETON AVE. EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT HOIMROl5~ I 11 I .I Q_ 5 ~ ti J ~ I- I I I z 0 C) w ~ (_f) I I =:J ., :2: 2 I ~ J c3 ' l ~ I I I NO SCALE CITY OF MUSKEGON NOTICE OF PUBLIC HEARINGS SPECIAL ASSESSMENT DISTRICTS IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is proposing that special assessment districts be created for the following projects: CRESTON ST., LAKETON AVE. TO EVANSTON A VE. AND PARK ST., HACKLEY AVE. TO YOUNG AVE. The specific locations of the special assessment districts and the propetties proposed to be assessed are: All parcels abutting Creston St, from Laketon Ave. to Evanston Ave. And All Parcels Abutting the Westerly side of Park St., from Hackley Ave. to Young Ave. The City Commission proposes that the City and property owners by means of special assessments will share the cost of improvement. You may examine preliminary plans and cost estimates in the City Hall's Engineering Department during regular business hours - between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays. PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON FEBRUARY 13, 2007 AT 5:30 O'CLOCK P.M PLEASE UNDERSTAND THAT YOU HA VE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR AGENT OR REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the properties to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. PUBLISH: February 3, 2007 Linda Potter, Acting City Clerk ADA POLICY The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon twenty-four hours notice to the City. Contact: Linda Potter, Acting City Clerk 933 Terrace Street, Muskegon, MI 49440 (231) 724-6705 or TDD (231) 724-6773 II II II II II January 25, 2007 II Mohammed Al-Shatel, City Engineer City of Muskegon 933 Terrace Street II Muskegon, MI 49443 Mr. Al-Shatel: II In accordance with your request, I have examined the proposed special assessment district entailing milling & resurfacing of Creston Street between Evanston Avenue and Laketon Avenue. The purpose of this analysis is to document the reasonableness Ill of this special assessment district by identifying and quantifying any accrued benefits. It is subject to the normal governmental restrictions of escheat, taxation, police power II and eminent domain. The effective date is January 25, 2007. In conclusion, it is my opinion that the special assessment amounts justly and reasonably represents the accrued benefits to the properties encompassed by this II project. The amounts reflect the sum of the immediate estimated value enhancement and the intrinsic value that will accrue from an overall increase in property values due to an improved quality of life created by the proposed project. As previously II presented, the proposed special assessment district encompasses primarily residential properties. The front foot rate of$17.15 for the reconstruction of the above mentioned project area appears reasonable in light of an analysis that indicates a II possible enhancement of$18.39. The conclusions are based upon the data presented within this limited analysis in restricted format, and on supporting information in my II files. II Sincerely, II Dennis W. Burns, CMAE 3 II Assessment Administration Supervisor February 3, 2006 OWNERS NAME OWNERS ADDRESS OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE 1 The City of Muskegon is asking for your support for improvement of the street adjoining your property located at PROPERTY ADDRESS. The City of Muskegon believes that by making the proposed street improvements you will have less road noise, dust, and wear and tear on your vehicle. In addition, street improvements provide easier access for delivery of services such as snow plowing, mail delivery, and bus service. Called a special assessment district, the largest percentage of the proposed street improvement will be paid for by the City of Muskegon (via local funds and or grants); however, it will be necessary for you to cover a share of the cost (which you can spread over a period of ten years) based on the amount of property you own bordering the street. A description of the project, including the associated cost to you and the City, is located in the documents attached to this letter. While the City of Muskegon believes that the proposed improvements will result in a safer and cleaner street while adding curb appeal to your property, you do have the right to ask further questions or protest participation in this particular project. Please carefully review the enclosed materials and call the City's Engineering Department at 724-6707 if you require more information. A public hearing is also scheduled for this project on FEBRUARY 13, 2007. If you attend this public hearing you will be given an opportunity to make comments on the proposed special assessment district to the commission. Also located in this packet of materials is a Special Assessment Hearing Response Card. If mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing your vote will be added to the tabulation of votes during the public hearing. If you do not send in this form your vote counts as "in favor" of the project. Thank you for your participation in improving the quality of life in the Muskegon community. February 3, 2006 OWNERS NAME OWNERS ADDRESS OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1 Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS & STREET NOTICE OF HEARING ON SPECIAL ASSESSMENT Dear Property Owner: The Muskegon City Commission is considering whether or not to create a special assessment district which would assess your property for the following paving project: CRESTON STREET, EVANSTON AVE. TO LAKETON AVE. The proposed special assessment district will be located as follows: All parcels abutting Creston St. from Evanston Ave. to Laketon Ave. It is proposed that a portion of the above improvement will be paid by special assessment against properties in the aforementioned district. Following are conditions of the proposed special assessment which are important to you. Public Hearings An initial public hearing to consider the creation of a special assessment district will be held at the City of Muskegon City Commission Chambers on FEBRUARY 13, 2007 at 5:30 P.M. You are encouraged to appear at this hearing, either in person, by agent or in writing to express your opinion, approval, or objection concerning the proposed special assessment. We are enclosing a Hearing Response Card for you to indicate your agreement or opposition to the special assessment. This card includes the property identification and description, assessable footage per City policy, and the estimated cost of the assessment. You may also appear, as above, in lieu of, or in addition to mailing your response card to the City Clerk. Written objections or appearances must be made at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL ASSESSMENT. 1 A second public hearing will be held, if the district is created, to confirm the special assessment roll after the project is completed. You will be mailed a separate notice for the second hearing. At this second hearing the special assessment costs will be spread on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the properties to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. Estimated Costs The total estimated cost of the street portion of the project is $300,000.00 of which approximately 10.09% ($30,254.66) will be paid by special assessment to property owners. Your property's estimated share of the special assessment is shown on the attached hearing response card. The remaining costs will be paid by the City. The street assessment, which covers improvements to the roadway, may be paid in installments over a period of up to ten (10) years. Any work on drive approaches or sidewalks will be assessed to the property at actual contract prices and these costs may also be paid in installments over ten (10) years. Please note this work is in addition to the street special assessment. Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on the payment options and financial assistance programs available. I urge you to return the enclosed hearing response card indicating your preference and to attend the scheduled public hearing. Your views are important to the City and to your neighbors. Additional information, including preliminary project plans and cost estimates is available in the Engineering Department located on the second floor of City Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday except holidays. Sincerely, ?~~ Mohammed AI-Shatel, P.E. City Engineer Special Assessment Payment Options Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public improvements may pay their assessment in the following ways: I. Lump Sum Payment in Full Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll without interest. II. Installment Payments Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows: Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as described below. Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments plus applicable interest as described below. Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money to complete the project for which you are assessed and has pledged you assessments for repayment of the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City must pay on the borrowed money plus 1.00%. Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons) To qualify for a special assessment deferral you or your spouse (if jointly owned) must: • Be 65 years or older or be totally or permanently disabled. • Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead being assessed for five (5) years or more. • Be a citizen of the U.S. • Have a total household income not in excess of $16,823.00 • Have a special assessment of $300.00 or more. Under this program the State of Michigan will pay the entire balance owirg of the special assessment, including delinquent, current, and further installments. At the time of payment a lien will be recorded on your property in favor of the State of Michigan. Repayment to the State must be made at the time the property is sold or transferred or after the death of the owner(s). During the time the special assessment is deferred interest is accrued at the rate of 6.00% per year. IV. Further Information About the Above Programs Further information about any of the above payment options may be obtained by calling either theCity Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's Office in City Hall. V. Additional Special Assessment Payment Assistance Qualified low and moderate income homeowners who are being assessed may be eligible for payment assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance from this program will be available to the extent that funds are available. To obtain further information and determine whether you are eligible, contact the Community and Neighborhood Services Department at 724-6717. CITY OF MUSKEGON CRESTON STREET, EVANSTON AVE. TO LAKETON AVE. H 1622 CDBG APPLICATION FOR W AIYER OF SPECIAL ASSESSMENT .HOUSEIIOLDIN"FORlVIATION Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _Social Security# _ _-_ _-_ _ Spouse: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: Social Security# _ _ -_ _-_ _ Address: - - - - - - - - - - - - - ~ P h o n e : _ _ _ _ _ _ _ _ _ _ _ _ Race: Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No (Please refer to your assessment letter for this infmmation) Number Living in Household: _ _ _ _ List information for household members besides owner/spouse here. Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _ Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _ Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate Social Security# _ _ -_ _-_ _ Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _ -_ _ ANNUAL Household Income: $_ _ _ _ Wage earner: (Must include all household income) Wage earner: Wage earner: Wage earner: Total: $_ _ _ _ _ PROPERTYJNFORMATION Proof Of Ownership: ( ) Deed ( ) Mortgage ) Land Contract Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date: Property Taxes: ( ) Current ( ) Delinquent Year(s) Due (Property taxes must be current to qualify and will be vctified by CDBG staft) Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: By signing this application, the applicant verifies he/sheowns and occupies the dwelling. The Applicant/Owner ce1tifies that all information in this application, and all information furnished in support of this application, is trueand complete to the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION FOROFFJCE USE ONLY APPROVED ( ) DENIED ( ) DATE _ _ _ _ CENSUS TRACT NO. SIGNATURE _ _ _ _ _ _ _ _ _ _ _ __ TITLE COMMENTS/REMARKS **ATTENTION APPLICANT** Please see reverse side for instructions on providing proof of income, ownership, and property insurance. CITY OF MUSKEGON CRESTON ST., EVANSTON AVE. TO LAKETON AVE. H 1622 CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT Note: You may receivithts• application sev'iiral times -_ lfybu have already applted, please discard. Dear Resident: The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk replacement program. City ordinances require that property owners be responsible for the repair/replacement of damaged or unsafe sidewalks adjoining their properties. To assist homeowners, who may have difficulty paying the cost of sidewalk repairs, the City offers assessment waivers through the Community Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG program qualifications, the City may pay the street assessment for you to the extent that funds are available. Application Requirements: ✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year 2006, pension or other benefit checks, bank statements for direct deposits or agency statements for all household income. 2006 FAMILY SIZE INCOME LIMIT I $28,275 2 32,285 3 36,295 4 40,410 5 43,530 6 46,800 7 50,050 8 53,300 For each extra, add 3,250 ✓ Applicants must submit proof that they both own and occupy property at the time of application; Land Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official document showing both your name and address. ✓ Applicants must submit proof of current property insurance. Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with supporting documentation, to: City of Muskegon Community & Neighborhood Services 933 Terrace Street, 2nd Floor Muskegon,MI49440 For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m. The City reserves the right to verify all application information, If current owner sells the home prior to the special assessment confirmation, the application is no longer valid, The City also reserves the right to reject any applications that contains falsified information or insufficient documentation, The City must complete the sidewalks. Costs incurred from repairs done by you or a private contractor will not be reimbursed. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By FEBRUARY 13, 2007 Project Title: CRESTON STREET, EVANSTON AVE. TO LAKETON AVE. Project Description MILLING & RESURFACING INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: PROPERTY ADDRESS & STREET Parcel Number 24-XXX-XXX-XXXX-XX Assessable Frontage: 62.5 Feet Estimated Front Foot Cost: $17.15 per Foot ESTIMATED TOTAL COST $1,071.88 Property Description CITY OF MUSKEGON SEC 28 T10N R16W PART OF NW 1/4 OF SE 1/4 COM AT INTERSECTION OF S LINE EVANSTON AND W LINE CRESTON ST TH S 125 FT TH W 60 FT TH N TO S LINE EVANSTON AVE TH SELY TO BEG Your vote COUNTS! Owner I AM IN FAVOR • Please vote either in favor or opposed to the Special Assessment Street Paving Project. Co Owner/Spouse I AM OPPOSED • Signature ---------- Signature ------------ Address Address Thank you for taking the time to vote on this important issue. owNERs NAME SPECIAL ASSESSMENT H 1622 MILLING & RESURFACING HEARING DATE FEBRUARY 13, 2007 CRESTON STREET, EVANSTON AVE. TO LAKETON AVE. 1 WATTS JOHN N ASSESSABLE FEET: 62.5 24-128-400-0012-00 1393 EVANSTON AVE COST PER FOOT: $17.15 @ 1393 EVANSTON AVE MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,011.88 1 2 ESCHMAN RICHARD A SR ASSESSABLE FEET: 86.56 24-495-000-0001-00 1555 CRESTON ST COST PER FOOT: $17.15 @ 1555 CRESTON ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,484.50 1 3 ZANDSTRA JOHN H ASSESSABLE FEET: 85 24-495-000-0002-00 1575 CRESTON ST COST PER FOOT: $17.15 @ 1575 CRESTON ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,457.75 1 4 HICKS THERESA L ASSESSABLE FEET: 68 24-495-000-0003-00 1392 E FOREST AVE COST PER FOOT: $17.15 @ 1392 E FOREST AVE MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,166.20 I 5 CITY OF MUSKEGON ASSESSABLE FEET: 746 24-128-400-0020-00 933 TERRACE ST COST PER FOOT: $17.15 @ 1345 E FOREST AVE MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $12,193.90 1 6 LAKETON EAST LLC ASSESSABLE FEET: 100 24-128-400-0017-10 1960 S ROBERTS ST COST PER FOOT: $17.15 @ CRESTON AVE MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,115.00 1 7 MUSKY CHECKERS LLC ASSESSABLE FEET: 300.06 24-128-400-0017-00 15915 VENTURA BLVD PENTHO COST PER FOOT: $17.15 @ 1785 CRESTON ST ENCINO CA 91436 ESTIMATED P.O. COST: I $5,146.03 1 2/2/2007 Page 1 of 2 MILLING & RESURFACING HEARING DATE FEBRUARY 13, 2007 CRESTON STREET, EVANSTON AVE. TO LAKETON AVE. 8 CITY OF MUSKEGON ASSESSABLE FEET: 250 24-128-400-0019-00 933 TERRACE ST COST PER FOOT: $17.15 @ 1690 CRESTON ST MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $4,287.50 1 9 MICHIGAN SHORE RAILROAD IN ASSESSABLE FEET: 10 24-128-400-0018-00 400 W 15TH ST SUITE 1700 COST PER FOOT: $17.15 @ 1390 CRESTON ST AUSTIN TX 78701-164 ESTIMATED P.O. COST: ~I_ _$_1_71_.5_0~1 10 MICHIGAN SHORE RAILROAD IN ASSESSABLE FEET: 56 24-128-400-9991-00 400 W 15TH ST SUITE 1700 COST PER FOOT: $17.15 @ 1350 E LAKETON AVE AUSTIN TX 78701-164 ESTIMATED P.O. COST: ~I_ _$_9_60_._40_,I SUM OF ASSESSABLE FOOTAGE 1764.12 SUM OF ESTIMATED P.O. COST: $30,254.66 I TOTAL NUMBER OF ASSESSABLE PARCELS 10.00 2/2/2007 Page 2 of 2 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By FEBRUARY 13, 2007 Project Title: CRESTON STREET, EVANSTON AVE. TO LAKETON AVE. Project Description MILLING & RESURFACING INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this. card by the date indicated above. Tei use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be stm-i- to seal the form with a small piece of tape or staple p~ior_ to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 1393 EVANSTON AVE Parcel Number 24-128-400-0012-00 62.5 Feet RECEIW. Assessable Frontage: $17.15 per Foot FFU 0 Estimated Front Foot Cost: City Clerks Offi@@ ESTIMATED TOTAL COST $1,071.88 -~-~-- Property Description CITY OF MUSKEGON SEC 28 T10N R16W PART OF NW 1/4 OF SE 1/4 COM AT INTERSECTION OF S LINE EVANSTON AND W LINE CRESTON ST TH S 125 FT TH W 60 FT TH N TO S LINE EVANSTON AVE TH SELY TO BEG Your vote CC:JNTS'. • Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM IN FAVOR Owner ·-(c;fn Signature Address fo:=!:~7-2t~ ; 3J~) h/,-,.,,.,&:47:: ,~ Thank you for taking the time to vote on this important issue. wAmJoHNN SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By FEBRUARY 13, 2007 Project Title: CRESTON STREET, EVANSTON AVE. TO LAKETON AVE. Project Description MILLING & RESURFACING INSTRUCTIONS If you wish to na·ve your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on thA rlottAd lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 1392 E FOREST AVE Parcel Number 24-495-(1:90-0003-00 RECEIVED Assessable Frontage: 68 Feet 0 ',i I $17.15 per Foot 1 Estimated Front Foot Cost: Citv Gl'eaks; ,..,,--L__ _ ,.,,,,., V'Ni11 ,..,"". / \,,;,tQ' -·-~·- ~--- ·-~ ~ ESTIMATED TOTAL COST $1,166.20 Property Description CITY OF MUSKEGON JOYCELYN FIELDS LOT 3 Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Pro· t. I AM OPPOSED Owner CoOwner/Spouse J...ji..U.,.i:..L,,;i.i.._;~;..!..J.L..1,14;;...;.~ ------------ Signature Signature ~~~a.......+74---l,':dlJ.::.4'-I. Address Address Thank you for taking the time to vote on this important issue. H1cKsrnEeEs,, 4 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By FEBRUARY 13, 2007 Project Title: CRESTON STREET, EVANSTON AVE. TO LAKETON AVE. Project Description MILLING & RESURFACING INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: CRESTON AVE Parcel Number 24-128-400-0017-10 RECEIVED Assessable Frontage: 100 Feet Estimated Front Foot Cost: $17.15 per Foot ESTIMATED TOTAL COST $1,715.00 Property Description CITY OF MUSKEGON SW 114 OF SE 114 SEC 28 T10N R16W E 258 FT OF N 400 FT OF S 466 FT EXC E 145.5 FT OF S 300 FT TH'OF EJ(C E 33 FT TH'OF SUBJ TO AN ESMT FOR INGRESS/EGRESS/DRAIN & DRIVEWAY LIP3622 752 Your vote COUNTS! Owner • Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM IN FAVOR l.,Al<s;w f A,Sr L. L (. . I AM OPPOSED,.,,®. Co Owner/Spouse _ _ _ _ _ _ _ _ _ _ __ Signature ~j½Jderj;;;,y (_M;J11@--Z) Signature Address Pl>·#- ,9.4· F~B·· r.;oo-<:Jcr?- ;o Address f9f:C &09€417:i .s:r Thank you for taking the time to vote on this important issue. LAKETON eAsTLLc 6 H-1622 CRESTON ST., EVANSTON AVE. TO LAKETON AVE. PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION FEET PERCENTAGE TOTAL NUMBER OF PARCELS -10 FOR OPPOSE LETTER# ST# ST NAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET 6 0 CRESTON 24-128-400-0017-10 100.00 TOTAL ASSESSABLE FRONT FOOTAGE 1764.12 ·- 4 1392 E FOREST 24-495-000-0003-00 68.00 1 1393 EVANSTON 24-128-400-0012-00 62.50 FRONT FEET OPPOSED 230.50 13.07% RESPONDING FRONT FEET IN FAVOR 0.00 0.00% NOT RESPONDING· FRONT FEET IN FAVOR 1533.62 86.93% TOTAL FRONT FEET IN FAVOR 1533.62 86.93% TOTALS 0.00 230.50 TABULATED AS OF: 04:38 PM 2/13/2007 4:38 PM TABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON Creston SPECIAL ASSESSMENT H 1622 MILLING & RESURFACING HEARING DATE FEBRUARY 13, 2007 CRESTON STREET, EVANSTON AVE. TO LAKETON AVE. Jo1 24-128-400-0012-00 WATTS JOHN N 1393 EVANSTON AVE ASSESSABLE FEET: COST PER FOOT: 62.5 $17.15 @ 1393 EVANSTON AVE MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,071.88 1 2 ESCHMAN RICHARD A SR ASSESSABLE FEET: 86.56 24-495-000-0001-00 1555 CRESTON ST COST PER FOOT: $17.15 @ 1555 CRESTON ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,484.50 1 3 ZANDSTRA JOHN H ASSESSABLE FEET: 85 24-495-000-0002-00 1575 CRESTON ST COST PER FOOT: $17.15 @ 1575 CRESTON ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,457.751 ~Q 4 HICKS THERESA L ASSESSABLE FEET: 68 24-495-000-0003-00 1392 E FOREST AVE COST PER FOOT: $17.15 @ 1392 E FOREST AVE MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,166.20 1 5 CITY OF MUSKEGON ASSESSABLE FEET: 746 24-128-400-0020-00 933 TERRACE ST COST PER FOOT: $17. 15· @ 1345 E FOREST AVE MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $12,793.90 1 Jt 6 24-128-400-0017-10 LAKETON EAST LLC ASSESSABLE FEET: 100 1960 S ROBERTS ST COST PER FOOT: $17.15 @ CRESTON AVE MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,715.00 1 7 MUSKY CHECKERS LLC ASSESSABLE FEET: 300.06 24-128-400-0017-00 15915 VENTURA BLVD PENTHO COST PER FOOT: $17.15 @ 1785 CRESTON ST ENCINO CA 91436 ESTIMATED P.O. COST: I $5,146.031 21612007 Page 1 of 2 MILLING & RESURFACING HEARING DA TE FEBRUARY 13, 2007 CRESTON STREET, EVANSTON AVE. TO LAKETON AVE. 8 CITY OF MUSKEGON ASSESSABLE FEET: 250 24-128-400-0019-00 933 TERRACE ST COST PER FOOT: $17.15 @ 1690 CRESTON ST MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $4,287.50 1 9 MICHIGAN SHORE RAILROAD IN ASSESSABLE FEET: 10 24-128-400-0018-00 400 W 15TH ST SUITE 1700 COST PER FOOT: $17.15 @ 1390 CRESTON ST AUSTIN TX 78701-164 ESTIMATED P.O. cosT: $_1_71_.5_o~I . _ !_ _ 10 MICHIGAN SHORE RAILROAD IN ASSESSABLE FEET: 56 24-128-400-9991-00 400 W 15TH ST SUITE 1700 COST PER FOOT: $17.15 @ 1350 E LAKETON AVE AUSTIN TX 78701-164 ESTIMATED P.O. COST: L I_ _ $;__9_60_.4_0_,I SUM OF ASSESSABLE FOOTAGE: 1764.12 SUM OF ESTIMATED P.O. COST: $30,254.66 I TOTAL NUMBER OF ASSESSABLE PARCELS 10.00 2/6/2007 Page 2 of 2 Date: February 13, 2007 To: Honorable Mayor and City Commissioners From: Engineering RE: Public Hearing Create a Special Assessment District for: PARK ST., HACKLEY AVE. TO YOUNG AVE. SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment for Park St, Hackley Ave. to Young Ave., and to create the special assessment district and appoint two City Commissioners to the Board of Assessors if it is determined to proceed with the project FINANCIAL IMPACT: None at this time. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To create the special assessment district and assign two City Commissioners to the Board of Assessors by adopting the attached resolution COMMITTEE RECOMMENDATION: CITY OF MUSKEGON Resolution No. 2007-16(d) Resolution At First Hearing Creating Special Assessment District For Westerly side of PARK ST., HACKLEY AVE. TO YOUNG AVE. Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: 1. A hearing has been held on February 13, 2007 at 5:30 o'clock p.m. at the City Commission Chambers. Notice was given by mail and publication as required by law. 2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file with the City and have been reviewed for this hearing. 3. At the hearing held February 13, 2007, there were 0. 00 % objections by the owners of the property in the district registered at the hearing either in writing received before or at the hearing or by owners or agents present at the hearing, and the Commission has considered the advisability of proceeding with the project. FINDINGS: 1. The City Commission has examined the estimates of cost to construct the project including all assessable expenses and determines them to be reasonable. 2. The City Commission has considered the value of the property to be assessed and the value of the benefit to be received by each property proposed to be assessed in the district after the improvements have been made. The City Commission determines that the assessments of costs of the City project will enhance the value of the properties to be assessed in an amount at least equivalent to the assessment and that the improvement thereby constitutes a benefit to the property. THEREFORE, BE IT RESOLVED: I. The City Commission hereby declares a special assessment district to include the property set forth in Exhibit A attached to this resolution. 2. The City Commission determines to proceed with the improvements as set forth in the feasibility study and estimates of costs, and directs the City Engineer to proceed with · project design, preparation of specifications and the bidding process. If appropriate and if bonds are to be sold for the purposes of financing the improvements, the Finance Department shall prepare plans for financing including submission of application to the Michigan Department of Treasury and the beginning of bond proceedings. 3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners Spataro and - - Gawron --------- and the City Assessor who are hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis. 4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately 12.67% of the cost of the street improvement will be paid by special assessments. 5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all owners and persons interested in properties to be assessed of the hearing at which the City Commission will consider confirmation of the special assessment roll. This resolution adopted. Ayes Warmington, Wierengo, Carter, Davis, Gawron, Shepherd, and Spataro Nays None CITY OF MUSKEGON By~ \1~ ~ JL ~ Ann Marie Becker, City Clerk ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on February 13, 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 By ~""--x~~ ~ Q'>-½~ Ann Marie Becker, City Clerk EXHIBIT A PARK ST., HACKLEY AVE. TO YOUNG AVE. SPECIAL ASSESSMENT DISTRICT All properties abutting the Westerly side of PARK ST., FROM HACKLEY AVE. TO YOUNG AVE. EXHBIT 'A' PARK STREET / AV[ YOUNG 'r'~ \)'(-- 1---- +- (/J <r . G. 1---- iJ~ 1---- (/J 1---- ~'r~ (/J --J (/J 1---- (/J si: :09'0' iS ~ lJ.J --J ~ iS iS Q < i3 < ::e '2: ~ ~ ki lJ.J (/J DELANO AV[ DELANO AV[ 0 ATION HACKLEY AV[ 1---- (/J AFFIDAVIT OF MAILING STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON ) TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: Park Street, Hackley Ave. to Young Ave. THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED STATES MAIL, WITH POSTAGE PREP AID, ADDRESSED TO EACH SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED STATES MAIL RECEPTACLE ON THE 2nd DAY OF FEBRUARY, 2007. ~ :\~i\&U(1,,~<.tV\ ANN MARIE BECKER, CITY CLERK SUBSCRIBED AND SWORN TO BEFORE ME THIS JPIJ DAYOF &6c(AarJL z;, ,2007. ~ &f:u NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES f - o2.S-:- clOO 7 CITY OF MUSKEGON NOTICE OF PUBLIC HEARINGS SPECIAL ASSESSMENT DISTRICTS IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is proposing that special assessment districts be created for the following projects: CRESTON ST., LAKETON AVE. TO EVANSTON A VE. AND ·PARKST.,HACKLEY AVE. TO YOUNG AVE. The specific locations of the special assessment districts and the properties proposed to be assessed are: All parcels abutting Creston St, from Laketon Ave. to Evanston Ave. And All Parcels Abutting the Westerly side of Park St., from Hackley Ave. to Young Ave. The City Commission proposes that the City and property owners by means of special assessments will share the cost of improvement. You may examine preliminary plans and cost estimates in the City Hall's Engineering Department during regular business hours - between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays. PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON FEBRUARY 13, 2007 AT 5:30 O'CLOCK P.M PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR AGENT OR REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the properties to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. PUBLISH: February 3, 2007 Linda Potter, Acting City Clerk ADA POLICY The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon twenty-four hours notice to the City. Contact: Linda Potter, Acting City Clerk 933 Terrace Street, Muskegon, MI 49440 (231) 724-6705 or TDD (231) 724-6773 ENGINEERING FEASIBILITY STUDY For PARK ST., HACKLEY AVE. TO YOUNG AVE. The reconstruction of this state funded section Park St. between Hackley Ave. & Young Ave., see attached exhibit for location, was initiated by the City due to the conditions of the pavement and drainage facilities. The existing pavement has deteriorated to a level where, we believe, a total reconstruction is necessary. This section of road has not had, to the best of our records, any major work since the 60s. The proposed improvements (reconstruction) consist of following; 1. Complete removal of existing pavement and replacement with a new asphalt street section that would include curb & gutter without any changes to the width. 2. Storm sewer replacement (drainage facilities) A memo from the Assessor's office, which addresses the appraisal and benefit information, is attached. The preliminary cost estimate for the work associated with paving is $265,000, one half of which is Muskegon Heights' share, with the length of the project being approximately 1245 lineal feet (project length) or 1049.48'of assessable footage. This translates into an estimated improvement cost of $126 per assessable foot against properties within the City limits. The assessment figure will be at a cost not to exceed $32.00 per assessable foot as established in the 2007 Special Assessment Rates for this type of improvement I I I I January 25, 2007 I Mohammed AI-Shatel, City Engineer City of Muskegon I 93 3 Terrace Street Muskegon, MI 49443 Mr. AI-Shatel: I In accordance with your request, I have examined the proposed·special assessment district entailing the reconstruction of the west side of Park Street between Hackley I Avenue and Young Avenue. The purpose of this analysis is to document the reasonableness of this special assessment district by identifying and quantifying any accrued benefits. It is subject to the normal governmental restrictions of escheat, I taxation, police power and eminent domain. The effective date is January 25, 2007. In conclusion, it is my opinion that the special assessment amounts justly and I reasonably represents the accrued benefits to the properties encompassed by this project except for parcel number 24-131-100-0019-00. It has been determined this parcel would not significantly benefit from the Park Street project since the primary I frontage is on Hackley Avenue. The Park Street frontage is not useable in its present condition and has not been used in many years. For that parcel a reduced benefit was deemed appropriate. The amounts reflect the sum of the immediate estimated value I enhancement and the intrinsic value that will accrue from an overall increase in property values due to an improved quality of life created by the proposed project. The proposed special assessment district encompasses primarily industrial properties. I The front foot rate of$32.00 for the new construction of the above mentioned project area appears reasonable in light of an analysis that indicates a possible enhancement of $34.26. The conclusions are based upon the data presented within this limited analysis I in restricted format, and on supporting information in my files. I Sincerely, I Dennis W. Burns, CMAE 3 I Assessment Administration Supervisor I I February 3, 2006 OWNERS NAME OWNERS ADDRESS OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE 1 The City of Muskegon is asking for your support for improvement of the street adjoining your property located at PROPERTY ADDRESS. The City of Muskegon believes that by making the proposed street improvements you will have less road noise, dust, and wear and tear on your vehicle. In addition, street improvements provide easier access for delivery of services such as snow plowing, mail delivery, and bus service. Called a special assessment district, the largest percentage of the proposed street improvement will be paid for by the City of Muskegon (via local funds and or grants); however, it will be necessary for you to cover a share of the cost (which you can spread over a period of ten years) based on the amount of property you own bordering the street. A description of the project, including the associated cost to you and the City, is located in the documents attached to this letter. While the City of Muskegon believes that the proposed improvements will result in a safer and cleaner street while adding curb appeal to your property, you do have the right to ask further questions or protest participation in this particular project. Please carefully review the enclosed materials and call the City's Engineering Department at 724-6707 if you require more information. A public hearing is also scheduled for this project on FEBRUARY 13, 2007. If you attend this public hearing you will be given an opportunity to make comments on the proposed special assessment district to the commission. Also located in this packet of materials is a Special Assessment Hearing Response Card. If mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing your vote will be added to the tabulation of votes during the public hearing. If you do not send in this form your vote counts as "in favor" of the project. Thank you for your participation in improving the quality of life in the Muskegon community. February 3, 2006 OWNERS NAME OWNERS ADDRESS OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1 Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS & STREET NOTICE OF HEARING ON SPECIAL ASSESSMENT Dear Property Owner: The Muskegon City Commission is considering whether or not to create a special assessment district which would assess your property for the following paving project: PARK STREET, HACKLEY AVE. TO YOUNG AVE. The proposed special assessment district will be located as follows: All parcels abutting West Side of Park St. from Hackley Ave. to Young Ave. It is proposed that a portion of the above improvement will be paid by special assessment against properties in the aforementioned district. Following are conditions of the proposed special assessment which are important to you. Public Hearings An initial public hearing to consider the creation of a special assessment district will be held at the City of Muskegon City Commission Chambers on FEBRUARY 13, 2007 at 5:30 P.M. You are encouraged to appear at this hearing, either in person, by agent or in writing to express your opinion, approval, or objection concerning the proposed special assessment. We are enclosing a Hearing Response Card for you to indicate your agreement or opposition to the special assessment. This card includes the property identification and description, assessable footage per City policy, and the estimated cost of the assessment. You may also appear, as above, in lieu of, or in addition to mailing your response card to the City Clerk. Written objections or appearances must be made at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL ASSESSMENT. A second public hearing will be held, if the district is created, to confirm the special assessment roll after the project is completed. You will be mailed a separate notice for the second hearing. At this second hearing the special assessment costs will be spread on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the properties to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. Estimated Costs The total estimated cost of the street portion of the project is $265,000.00 of which approximately 12.67% ($33,583.36) will be paid by special assessment to property owners. Your property's estimated share of the special assessment is shown on the attached hearing response card. The remaining costs will be paid by the City. The street assessment, which covers improvements to the roadway, may be paid in installments over a period of up to ten (10) years. Any work on drive approaches or sidewalks will be assessed to the property at actual contract prices and these costs may also be paid in installments over ten (10) years. Please note this work is in addition to the street special assessment. Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on the payment options and financial assistance programs available. I urge you to return the enclosed hearing response card indicating your preference and to attend the scheduled public hearing. Your views are important to the City and to your neighbors. Additional information, including preliminary project plans and cost estimates is available in the Engineering Department located on the second floor of City Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday except holidays. Sincerely, or~~~ Mohammed AI-Shatel, P.E .. City Engineer Special Assessment Payment Options Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public improvements may pay their assessment in the following ways: I. Lump Sum Payment in Full Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll without interest. II. Installment Payments Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows: Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as described below. Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments plus applicable interest as described below. Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money to complete the project for which you are assessed and has pledged you assessments for repayment of the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City must pay on the borrowed money plus 1.00%. Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons} To qualify for a special assessment deferral you or your spouse (if jointly owned) must: • Be 65 years or older or be totally or permanently disabled. • Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead being assessed for five (5) years or more. • Be a citizen of the U.S. • Have a total household income not in excess of $16,823.00 • Have a special assessment of $300.00 or more. Under this program the State of Michigan will pay the entire balance owirg of the special assessment, including delinquent, current, and further installments. At the time of payment a lien will be recorded on your property in favor of the State of Michigan. Repayment to the State must be made at the time the property is sold or transferred or after the death of the owner(s). During the time the special assessment is deferred interest is accrued at the rate of 6.00% per year. IV. Further Information About the Above Programs Further information about any of the above payment options may be obtained by calling either theCity Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's Office in City Hall. V. Additional Special Assessment Payment Assistance Qualified low and moderate income homeowners who are being assessed may be eligible for payment assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance from this program will be available to the extent that funds are available. To obtain further information and determine whether you are eligible, contact the Community and Neighborhood Services Department at 724-6717. Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _Social Security# _ _-_ _-_ _ Spouse: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: Social Security# _ _-_ _-_ _ Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phoue: _ _ _ _ _ _ _ _ _ _ _ _ Race: Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No (Please refer to your assessment letter for this infonnation) Number Living in Household: _ _ _ _ _.List information for household members besides owner/spouse here. Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _~Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _ -_ _ Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _~Birthdate Social Security# _ _-_ _-_ _ Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _~Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _ Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _ ANNUAL Household Income: $_ _ __ Wage earner: (Must include all household income) Wage earner: Wage earner: Wage earner: Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date: Property Taxes: ( ) Current ( ) Delinquent Year(s) Due (Property taxes must be current to qualify and will be verified by CDBG staff) Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: By signing this application, the applicant verifies he/sheowns and occupies the dwelling. The Applicant/Owner certifies that all information in this application, and all information furnished in support of this application, is true and complete to the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION APPROVED ( ) DENIED ( ) DATE _ _ _ _ CENSUSTRACTNO. SIGNATURE _ _ _ _ _ _ _ _ _ _ _ _ __ TITLE COMMENTS/REMARKS **ATTENTION APPLICANT** Please see reverse side for instructions on providing proof of income, ownership, and property insurance. CITY OF MUSKEGON PARK ST., HACKLEY AVE. TO YOUNG AVE. H 1617 CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT Note: J'ou. may feceil'efhts ~pj,J{clfitjfii~Ve'rii/i/,1!ils;11y~'u '/t~y~ ~lr.~ady #JJPli¢.d,pleas¢ discard. Dear Resident: The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk replacement program. City ordinances require that property owners be responsible for the repair/replacement of damaged or unsafe sidewalks adjoining their properties. To assist homeowners, who may have difficulty paying the cost of sidewalk repairs, the City offers assessment waivers through the Community Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG program qualifications, the City may pay the street assessment for you to the extent that funds are available. Application Requirements: ✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year 2006, pension or other benefit checks, bank statements for direct deposits or agency statements for all household income. 2006 .6.5o/,1vfEpjA,NJ{OUSEHOLP!NCQMECHART . ., ,_,-.-., __ ,_, .._,---, . . .__., ,,,,•.-·;., '"'·'' ,,,,,, .,,. '"" '• _,_._,_,, :1>,>··' ,, ,,-,,' FAMILY SIZE INCOME LIMIT 1 $28,275 2 32,285 3 36,295 4 40,410 5 43,530 6 46,800 7 50,050 8 53,300 For each extra, add 3,250 ✓ Applicants must submit proof that they both own and occupy property at the time of application; Land Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official document showing both your name and address. ✓ Applicants must submit proof of current property insurance. Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with supporting documentation, to: City of Muskegon Community & Neighborhood Services 933 Terrace Street, 2nd Floor Muskegon,MI49440 For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.rn. and 5:00 p.m. The City reserves the right to verify all application information. If current owner sells the home prior to the special assessment confirmation, the application is no longer valid. The City also reserves the right to reject any applications that contains falsified information or insufficient documentation. The City must complete the sidewalks. Costs incurred from repairs done by you or a private contractor will not be reimbursed. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By FEBRUARY 13, 2007 Project Title: PARK STREET, HACKLEY AVE. TO YOUNG AVE. Project Description RECONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: PROPERTY ADDRESS & STREET Parcel Number 24-XXX-XXX-XXXX-XX Assessable Frontage: 249.79 Feet Estimated Front Foot Cost: $32.00 per Foot ESTIMATED TOTAL COST $7,993.28 Property Description CITY OF MUSKEGON SEC 31 T10N R16W PT BLK 1 AND PT VAC ALLEY IN SD BLK 1 YOUNG & WILLIAMS ADON COM AT SECOR OF THE NW FRL 114 SD SEC TH N 00D 00M 00S E 1295.50 FT ALGE LN SD NW FRL 114 TH S 89D 46M 54S W 33.00 FT ALG S ROW LN YOUNG AVE & ITS EXTENSION IN Your vote COUNTS! Owner I AM IN FAVOR • Please vote either in favor or opposed to the Special Assessment Street Paving Project. CoOwner/Spouse I AM OPPOSED • Signature ----------- Signature ------------- Address Address Thank you for taking the time to vote on this important issue. owNessNAME SPECIAL ASSESSMENT H 1617 RECONSTRUCTION HEARING DATE FEBRUARY 13, 2007 PARK STREET, HACKLEY AVE. TO YOUNG AVE. CITY OF MUSKEGON ASSESSABLE FEET: 249.79 1 24-895-001-0001-00 933 TERRACE ST COST PER FOOT: $32.00 @WAALKESST MUSKEGON Ml 49440 ESTIMATED P.O. COST: I $7,993.28 I EASTWOOD DEVELOPMENT LL ASSESSABLE FEET: 250.78 2 24-895-001-0006-00 2075 PARK ST COST PER FOOT: $32.00 @ 2075 PARK ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $8,024.96 1 SCHULTZ TRANSPORT INC ASSESSABLE FEET: 84.91 3 24-895-004-0001-00 1559 GETZ RD COST PER FOOT: $32.00 @ 421 DELANO AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,717.121 BLUEBURY LLC ASSESSABLE FEET: 189 4 24-131-100-0019-00 6386 S 56TH AVE COST PER FOOT: $32.00 @ 450 W HACKLEY AVE MONTAGUE Ml 49437 ESTIMATED P.O. COST: I $6,048.oo 1 SEAVER PROPERTIES LLC ASSESSABLE FEET: 275 5 24-131-100-0020-00 809 T ASTENABE LN COST PER FOOT: $32.00 @ 418 W HACKLEY AVE MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $8,800.00 1 SUM OF ASSESSABLE FOOTAGE 1049.48 SUM OF ESTIMATED P.O. COST: $33.583.36 I TOTAL NUMBER OF ASSESSABLE PARCELS 5.00 2/2/2007 Paqe 1 of 1 H-1617 PARK ST., HACKLEY AVE. TO YOUNG AVE. PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION FEET PERCENTAGE TOTAL NUMBER OF PARCELS - 5 FOR OPPOSE LETTER# ST# ST NAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET TOTAL ASSESSABLE FRONT FOOTAGE 1049.48 ""* FRONT FEET OPPOSED 0.00 0.00% RESPONDING FRONT FEET IN FAVOR 0.00 0.00% NOT RESPONDING - FRONT FEET IN FAVOR 1049.48 100.00% TOTAL FRONT FEET IN FAVOR 1049.48 100.00% TOTALS 0.00 0.00 TABULATED AS OF: 04:39 PM 2/13/2007 4:39 PM TABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON Park SPECIAL ASSESSMENT H 1617 RECONSTRUCTION HEARING DATE FEBRUARY 13, 2007 PARK STREET, HACKLEY AVE. TO YOUNG AVE. 1 CITY OF MUSKEGON ASSESSABLE FEET: 249.79 24-895-001-0001-00 933 TERRACE ST COST PER FOOT: $32.00 @WAALKES ST MUSKEGON Ml 49440 ESTIMATED P.O. COST: I $7,993.28 1 2 EASTWOOD DEVELOPMENT LL ASSESSABLE FEET: 250.78 24-895-001-0006-00 2075 PARK ST COST PER FOOT: $32.00 @ 2075 PARK ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $8,024.96 1 3 SCHULTZ TRANSPORT INC ASSESSABLE FEET: 84.91 24-895-004-0001-00 1559 GETZ RD COST PER FOOT: $32.00 @ 421 DELANO AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,117.12 1 4 BLUEBURY LLC ASSESSABLE FEET: 189 24-131-100-0019-00 6386 S 56TH AVE COST PER FOOT: $32.00 @ 450 W HACKLEY AVE MONTAGUE Ml 49437 ESTIMATED P.O. COST: I $6,048.oo 1 5 SEAVER PROPERTIES LLC ASSESSABLE FEET: 275 24-131-100-0020-00 809 TASTENABE LN COST PER FOOT: $32.00 @ 418 W HACKLEY AVE MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $8,800.00 1 SUM OF ASSESSABLE FOOTAGE: 1049.48 SUM OF ESTIMATED P.O. COST: $33,583.36 1 TOTAL NUMBER OF ASSESSABLE PARCELS 5.00 2/13/2007 Page 1 of 1 Date: Februaiy 13, 2007 To: Honorable Mayor and City Commissioners From: Finance Director RE: Management Agreement - Fisherman's Landing SUMMARY OF REQUEST: Attached is a proposed agreement for management of Fisherman's Landing for the next seven years. Staff has met with Fisherman's Landing representatives on several occasions to work out details of the agreement and to forge a stronger relationship with the group. Key provisions of the new agreement: • Fisherman's Landing assumes responsibility for grass mowing and peak-season electric costs; • Fisherman's Landing to provide financial reports and meet periodically with staff;; • Fisherman's Landing to submit for approval site plan of improvements and campground expansion; • Facility to move towards self-sufficiency and further relieve city of financial obligations Staff believes Fisherman's Landing, Inc. is in the best position to manage the facility and oversee it's continued future growth. Both parties recognize the need to improve communications. The agreement also contains a thirty-day termination clause. FINANCIAL IMPACT: Estimated $10,000 cost savings to city by additional responsibilities being taken on by Fisherman's Landing manager. Goal to make facility completely self-supporting. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: Approval. COMMITTEE RECOMMENDATION: None. 0 :\Fl N ANC E\P AUL\My Documents\Agenda Item Fishennan'sLandingAgreement(O 12307).doc 2007-17(a) MANAGEMENT AGREEMENT This Agreement is made this 13th day of February, 2007, by and between the CITY OF MUSKEGON, a Michigan municipal corporation, whose offices are located at 933 Terrace Street, Muskegon, Michigan 49443-0536 ("City") and FISHERMAN'S LANDING, INC., a Michigan nonprofit corporation, whose address is 501 E. Western Avenue, Muskegon, Michigan 49440 ("Manager"), Background A. Fisherman's Landing (Giddings Street Launch Ramp) is a park within the park system of the City, and is located at 501 E. Western Avenue. B. Fisherman's Landing is designated to furnish camping and boating facilities to the general public. C. The City is authorized by the State of Michigan to own and operate Fisherman's Landing and is authorized to delegate its operation to Manager. D. Manager is willing on the terms and conditions hereinafter set forth to operate Fisherman's Landing during the term of this agreement. E. City, in consideration thereof, will assume and perform certain duties and obtain certain benefits as hereafter itemized. NOW THEREFORE, IT IS AGREED: 1. Covenants of Manager. Manager shall, during the term of this agreement on an annual basis, do and perform the following: (a) Operate the campground facility in an efficient and competent manner for as many hours of the day as are necessary, and collect campground fees from the users. The fees collected shall be accounted for to the City and placed in the fund set forth below in paragraph l(d). The campground shall be open, at a minimum, from May 15th to September 15 th on an annual basis. (b) Keep clean and maintain in an acceptable manner the restroom and shower facilities, fish cleaning station, shelter building and office building. (c) Maintain the grounds in an acceptable manner, including grass mowing and litter pick-up. Should the Manager's equipment be temporarily O:\FIN ANC E\P AUL\MyDocuments\Agenda Itern Fish.ennan'sLandingAgreement(0 12307).doc inoperable, City agrees to mow the grounds on a temporary basis, not exceeding fourteen days (d) Retain any excess of income over expenses derived from Manager's operation of Fisherman's Landing in a separate fund which Manager shall devote to assisting the City in the funding of capital improvements at Fisherman's Landing, or other projects mutually agreed annually upon by the parties. (e) Provide to the City on an annual basis, and no later than January 30, a financial report for the previous calendar year showing all expenses incurred and revenues received as a result of Manager's operation of Fisherman's Landing. The report shall be prepared using QuickBooks financial software, or a similar commercially-available financial software product. Subject to City auditor review and approval, the report may be prepared on an Excel spreadsheet which details itemized monthly revenue and expenses. (f) Supply cleaning supplies and paper products as necessary for the maintenance and operation of the restroom and shower facilities. (g) Secure any and all required licenses and permits for the operation of Fisherman's Landing. (h) Provide City with reports of all fishing tournaments held at Fisherman's Landing, providing as much detail as possible using current procedures. Work to develop and implement procedures which would detail revenue generated, number of participants, etc. (i) Reimburse the City for the full cost of electric service provided during the , months of May, June, July, August and September of each year. Reimbursement shall be paid to the City no later than December 1 of each year for services provided in that year. The City agrees to provide copies of all utility bills for the facility to the manager on a monthly basis. (j) Provide to City staff no later than June 30, 2007 a site plan of capital improvements for the site anticipated over the next five years. Said site plan will be submitted to city staff and, if deemed necessary, to the City Planning Commission for formal approval. Once site plan approval is received, it shall not be necessary for Fisherman's Landing, Inc. to seek separate City approval for improvements included in the plan. Fisherman's Landing agrees that, at least annually, it will meet with City staff to review the status and any proposed changes to the site plan. 2. Improvements. It is understood that any improvement made to the site will become the property of the City O:\FINANCE\P AUL\MyDocuments\Agenda Item Fishennan'sLandingAgreement(0 12307).doc 3. Covenants of the City. City shall, at its own cost on an annual basis, during the term of this agreement, do and perform the following: (a) Maintain in an acceptable state ofrepair the launch ramp, launch ramp docks, roadways, parking lots, signs, outdoor lighting in the non- campground areas, playground, sprinklers in the non-campground area, and all utilities. (b) Pay all utility bills for Fisherman's Landing. (c) Provide for the premises a dumpster for the collection of trash. (d) Supply 400 permits at no charge. Manager will be supplied additional permits as needed and all revenue from any permits sold after the initial 400 permits shall be split evenly between the Manager and City. City shall receive an itemized listing of all permits sold. (e) Supply 4 portable bathrooms (I being handicap-accessible) for Fisherman's Landing. (f) Help identify state or federal grants that may be available for the facility and work with the Fisherman's Landing Inc. to secure grant funding to finance improvements at the facility. 4. Launch Ramp Permits. - The City and Manager agree to cooperatively develop and implement cost-effective strategies for surveillance and enforcement of the City's launch ramp permit requirements. Strategies to be considered include, but are not limited to, sharing of costs for a park ranger position and/or sharing fine revenue generated at the Fisherman's Landing site. Achieving this goal may require mutually agreed to modifications to the terms and processes outlined in this agreement. Such modifications may be made through a letter of understanding signed by the City Manager and the Chairman of Fisherman's Landing Inc. 5. Facility to Become Self-Sufficient - The parties recognize that the City currently pays utility and certain other costs (including those outlined above) necessary for operation of the Fisherman's Landing facility. The parties agree that a shared goal is to achieve financial self-sufficiency for Fisherman's Landing during the term of this agreement. Achieving this goal may require mutually agreed to modifications to the terms and processes outlined in this agreement. Such modifications may be made through a letter of understanding signed by the City Manager and the Chairman of Fisherman's Landing Inc. 6. Term. Subject to the termination provision oftli.is agreement, it shall commence th the 13 day of February, 2007, and terminate the 13th day of February, 2014. The parties may mutually agree to renewals of this agreement, the terms and provisions thereof to be negotiated. O:\FIN ANCE\P AUL\My Documents\Agenda Item Fishennan'sLandingAgreement(O 12307).doc 7. Insurance. The Manager shall, at its cost, procure and maintain during the term of this agreement the following insurance policies, naming the City as an additional insured, and maintaining policies which provide that the City shall receive at least thirty (30) days notice prior to cancellation: (a) Comprehensive general public liability insurance single limit in the minimum amount of $1,000,000. (b) Motor vehicle liability in the minimum amount of $1,000,000 (this insurance requirement shall not be effective until such time as Manager purchases a vehicle for use at Fisherman's Landing, or Manager obtains uses of City-owned vehicles.) (c) Worker's Compensation Insurance covering all persons deemed to be employees of Manager by law. (d) All policies of insurance shall be evidenced by certificates and shall be placed with insurance companies acceptable to the City and licensed to do business in the State of Michigan. Said insurance shall be kept in force and new certificates supplied for substituted or renewed insurance. 8. Compliance With Laws. Manager shall promptly comply with all ordinances of the City of Muskegon and statutes of the State of Michigan with respect to the use of said premises, any construction upon said premises, and further agrees to fully comply with all regulations imposed upon the City by the State of Michigan's Department of Environmental Quality insofar as such regulations pertain to any of the promises or undertakings of Manager set forth in this agreement. 9. Termination. This agreement may be terminated by City or Manager upon furnishing the non-terminating party written notice of termination not less than thirty (30) days prior to the effective date of termination. 10. Notices. Any notice required to be given in writing under the provisions of this agreement shall be deemed to be delivered if given personally to the party entitled to such notice or if deposited in the U.S. mail to such party at the address set forth in the introduction of this agreement with postage thereon fully prepaid. 11. Other Agreements. Manager and City acknowledge the existing of a Development and Reimbursement Agreement dated _ _ _ _, 200_, which remains in full force and effect. Nothing in this Agreement is intended to alter the obligations of the parties in the Development and Reimbursement Agreement. Other than the Development and Reimbursement Agreement any other agreements between the parties shall be null and void. The parties have caused this agreement to be executed on the date first above written. O:\FINANCE\P AUL \MyDocuments\Agenda Item Fishennan'sLandingAgreement(0 l 2307).doc CITY - CITY OF MUSKEGON Ann Becker, MMC, Clerk MANAGER- FISHERMAN'S LANDING, INC., a Michigan non- profit corporation O:\FIN ANCE\P AUL \My Documents\Agenda Item Fisb.ennan'sLandingAgreement(O 12307).doc 501 East Western Avenue Muskegon,MI 49440 anding, Inc. Phone: (231) 726-6100 February 5, 2007 To Whom It May Concern: This letter is a request for permission to proceed with expansion plans for Fisherman's Landing Launch and Campground, in accordance with the submitted blueprint. Fisherman's Landing is a boat launch and campground facility owned by the City of Muskegon, and located on the southeast shore of Muskegon Lake. The "Landing" has been used as a launch ramp since approximately the early 1970's (known at the time as Giddings Street Launch) and eventually expanded to include a 14-site campground. Growth continued through the years, achieving 39 campsites in the mid-1990's, and now includes 54 campsites, plus a group area for up to 20 tents. Sadly, most campers prefer the amenities of water and electricity on their sites and this "rustic" tent area usually sits vacant while dozens of potential campers are turned away. In 2002, already feeling the pinch from too few campsites, an expansion plan was proposed and designed. The area has since been surveyed and the plan redrawn by Westshore Consulting to best incorporate current sites and roads while expanding to 102 usable campsites; most will be usable by either tents 9r trailers. With the completion of the new restroom in 2005, it's now time to proceed with the expansion project. As managers of Fisherman's Landing, we respectfully request that the City grant approval for us to proceed according to the submitted blueprint. We look forward to showing both campers and boaters what a jewel we have here in Muskegon and, with your approval, this will happen. Sincerely, 1093 Esther Avenue Muskegon MI 49441 ---~----· - ---··--c------ ··--~. . ----'\SI-- -. ~•-···-· !il\J., ---~ •-.· . ..... ·,,.- ' -. .,._ __ ~ "! ~ ~ <I ~ f,; "! ltl Lo 501 East Western Avenue Muskegon,MI 49440 anding, Inc. Phone: (231) 726-6100 February 6, 2007 To Whom It May Concern: This letter is a request for resolution that the channel from Muskegon Lake into Fisherman's Landing Launch & Campground be designated as a "No Wake Zone" and that it be posted and enforced accordingly. Fisherman's Landing experiences several instances each year that cause physical damage to docks, shoreline, boats and equipment. Damages have included broken downriggers, bow rails and dock damage, and even one instance where a child was nearly thrown from the dock by a boater blasting through the channel at full throttle. On investigation, most boaters claim they were unaware of common boating courtesy that declares channels to be no wake zones and had not seen any signs stating such. Though both sides of this channel have al ways been posted as no wake zones, Gary Berdinski, in charge of Muskegon's Marine Patrol, states that boaters tend not to see signs on shore, and recommends that "No Wake Zone" buoys be placed into the channel itself. According to the DNR, which has sole authority to allow placement of such buoys in the waterway, this is a simple thing to request and implement, but requires a resolution that it is the City's intent that the Fisherman's Landing channel be treated as a "No Wake Zone." As managers of Fisherman's Landing, we request that the City implement a resolution designating the Fisherman's Landing channel as a "No Wake Zone," both to protect City and guest prope1ty, and to avoid accidents which could cause serious personal injury to patrons. Sincerely, Regulatory Buoys • X-Tra Heavy Duty Super-tough regulatory buoy. Designed for problem areas where buoys are subject to abuse and vandalism. HOPE* Type - 9" Dia. 3 • orange reflective band Model B961R 3" black letters (2 sides) Features • 9" dia. white super-tough HOPE shell. 36" expo• sure with 5 Orange symbol (2 sides) Ultraviolet inhibited. lbs. anchor • Shatter-proof - will not crack, chip, peel or rust. tackle • Completely urethane foam filled. Virtually unsinkable. WAKE • 3"-wide reflective band at top provides excellent night j 61' 2 • orange band visibility. • Self-righting without tackle. • Recessed cap allows buoy to stand upright. • Heavy steel galvanized anchoring eye cast in an internal concrete ballast. Urethane foam • Inland waterway marking symbols with standard Concrete ballast messages included. • Includes choice of standard symbols and messages. PVC pipe thru 1• I. D. steel mooring eye Available Options • Pickup eye built into top, When ordering, specify symbols and messages • Stainless steel anchoring eye for salt water applications. desired (see bottom of page 1). Submerged buoyancy 84 lbs. • Agency or name identification. Net weight 49 lbs. • Special non-standard messages. Shipping weight 56 lbs. • Solar light (see page 11). Refer to installation suggestions on page 21. NOTE: Special procedures must be followed when reconditioning HDPE type buoys. See warranty information on inside back cover. 'HDPE ~ High-Density Polyethylene EDUCATIONAL BUOYS.• MINIATURE REPLICAS Non-functional-for educational use. only. -4 .... ® .., Model B251 OES • 2W. dia; x 10° identical !'epllcas of Rolyan• regulatory buoys showing standard inland waterWay symbols and messages. set of seven bu·oys il)Cl_udes:· • Swim Area/No Boa1s • Red Chan·ne1 Marker • panger/Hazard • Green Channel M8rker • Slow No Wake/. • Centerline Marker No Wake Idle Spood Red & White (Black & • Marina Entrance White label included) Rolyan• Buoys. To Order-Call toll-free in the U.S.: 888-269-2869 • 262-387-8720 • Fax: 866-790-3298 www.RolyanBuoys.com Date: February 13, 2007 To: Honorable Mayor and City Commissioners From: Engineering RE: Engineering Services Agreement for Traffic Signals Upgrade along Laketon Ave. between Creston & Lakeshore Dr. SUMMARY OF REQUEST: Authorize staff to enter into an engineering services agreement with Wade Trim Inc. out of Grand Rapids to provide the design, plans and specification to upgrade the traffic signals along Laketon Ave. This upgrade would provide for the conversion to light- emitting diode (LED) signals that will save a considerable amount of energy usage and also a better progression by installing loop detictors. Wade Trim is being recommended for three main reasons: A- we already have a contract with them for two other projects, signal installation at Harvey & Marquette and the conversion of Muskegon & Webstor projects. B- Their proposed fee of $20,500 is very reasonable C- To meet a tight schedule set by MDOT's schedule to secure the fedral funds. FINANCIAL IMPACT: $8,400 for the design and specifications. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Wade Trim Inc. COMMITTEE RECOMMENDATION: ISO 9001:2000 Registered WADETRIM January 30, 2007 City of Muskegon Ir::-RECEIVED ,,, IV OF MUSKEGON 933 Terrace Street PO Box 536 I FEBO 1 2007! Muskegon, Ml 49443-0536 /8Nl¾Nil_-'t:HING DEP.'"TME - --- - _ -·----- nn cNT Attention: Mr. Mohammed Al-Shale!, PE City Engineer Re: REVISED Laketon Avenue Traffic Signal Modernization Plans Dear Mr. Al-Shale!: Thank you for the opportunity to submit this proposal to develop traffic signal plans special provisions to modernize nine (9) traffic signals along the Laketon Avenue corridor from Barclay Street to Creston Street. A list of the locations is enclosed. The plans and traffic signal plans and special provisions will be developed to obtain CMAQ funding. Based on your meeting with Mr. Pat Johnson, we have developed a scope of service and subsequent cost estimate to develop the traffic signal modernization plans for the Laketon Avenue corridor. For the purposes of the proposal we have made the following assumptions: • Base Drawings (Survey file) to be provided by the City of Muskegon • All ten traffic signals to be modernized to retrofit to LED vehicle and pedestrian signals, upgrade to actuated traffic signal controller, add traffic loops. • Each plan sheet to include an installation plan, a wiring diagram, list of Materials, and utility coordination notes. • New Timing Permit for each intersection . • Project to be bid through MDOT with CMAQ funding . • Preliminary plans to be submitted to City and MDOT by March 20, 2007 . • Wade Trim to attend a GI Meeting with City and MOOT . We propose to complete the services, as described above, for a not to exceed fee of $20,500. Any additional services will be billed at our standard hourly billing rates. Wade Trim, Inc. 616.363.8181 2944 Fuller Avenue, N.E. 800.931.9135 Grand Rapids, MI 49505 616.363.5656 fax www. wadetri m.com ~iiiii,liiiUIIUii iJiiiiilA IJW+Wi iiiJl&iiil•iJA,IWWIIIIIJW 0 0 0 Mr. Mohammed AI-Shatel, PE January 30, 2007 Page 2 If you have any questions regarding the above information, or wish to make changes to the scope of the project, please feel free to contact us at (616) 363-8181. We look forward to hearing from you. Very truly yours, Patrick Joh son, PE Brian E. Bunker, PE Transportation Engineer Senior Vice President PCJ:BEB:lmm AAA8180.07 R:lleller proposalsltransportation\Muskegon, MI\LaketonSignalslT rafficSignalModernizationlaketonREVIS ED_9_ LocationsProposalO 13007 .doc Enclosure Laketon Avenue - List of Locations 1. Creston Street 2. Roberts Street 3. Getty Street 4. Wood Street 5. Hoyt Street 6. Sanford Street 7. Peck Street 8. Henry Street o V. Barr-!"'" Stre0t IVI\.AJ _.,, _._ Date: February 13, 2007 To: Honorable Mayor and City Commissioners From: Ann Marie Becker, City Clerk RE: Request to Fly the Irish Flag SUMMARY OF REQUEST: The Muskegon Irish American Society is requestin~ permission to fly the Irish Flag at Hackley Park from Friday, rd March 16 to celebrate St. Patrick's Day through Friday March 23 . FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Deny the request because there is only one flag staff at Hackley Park which has the American flag on it. Offer the alternative to fly the flag at City Hall as is current practice. Janua1y 15, 2007 Linda Potter, Deputy City Clerk City of Muskegon 933 Terrace Street Muskegon MI 49443 Dear Ms. Potter, The Muskegon Irish American Society is submitting its request to fly the ltish Flag beginning on Friday, March 17, 2006 to celebrate St. Patrick's Day. The Irish population of Muskegon enjoys seeing the flag displayed at such a prominent location during this time of year. The flag measures 5' X 7' and consists of 3 stripes, green, white and orange. The officers of the Muskegon ltish American Society are: President- Kevin Donovan, 1086 Ireland, Muskegon MI 49441 Vice President- Kathleen Marek, 2504 Letart, Muskegon MI 49441 Treasurer- Kevin Donovan, 1086 Ireland, Muskegon MI 49441 Secretary- Jeanne O'Brien, 8985 Lakeshore, West Olive MI 49460 Program Chairperson- Mary Anne Gorman, 3475 Lake Dunes Drive, Muskegon MI 49456 th rd We request that the flag be flown from Friday, March 16 through Friday March 23 at Hackley Park. As in the past, I can collect the flag from the Engineering Dept. Our organization is a non-profit social organization. I am the contact person who will be responsible for the flag's condition and presentation. We would like to gather at approximately 5:15 PM on March 16th to raise the flag. The entire activity takes approximately 10 to 15 minutes. Please inform me if the above request is granted. We appreciate the past cooperation of the City of Muskegon. Sincerely, Kevin Donovan President I 08(> I n:lan<l Ave., IVI uskegon, IVI I 4944 I - voice LI I. 722.4J27 www.111 uskt:go11 irisha1nt:rica11 .co111 I \UJ ltlC lld.!5 .:OJlV\,.U"" .>.~V~ '-''- .... ~ ... I:"-_..._,~.,.,,.•••-•----, of a vehicle o.r of a railroad traln or a boat When the flag is displayed on a motorcar, the staff <hall be fixed firm! y to the cha Mis or •-r~ --··--, i I -~i ,;j ,,; clamped to the right fender, (c) No other flag or pennant should be placed above or, If on the <ame level, to the right of the flag of the United States of America, except durlng church services conducted by naval chaplaJns at .sea, .~~ when !he church pennant may be flown above the flag during church servlces for the personnel of the Navy. No person shall db- play the flag of the Untted NaUons or any other na\lonal or interna- tional flag equal, above, or in a position of !uperlot prominence ot honor to, or in place of, the flag of the United States at any place within the Unlted States or any Territory or possession thereof: Provided, That nothing In this section shall make unlawful the con- tinuance of !he practice heretofore followed of displaying the flag of the United Natlon, ln a position of superior prominence or honor, and other national flag, In positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the ~ United Nations. ,v) ./ .ii (d) The llai.ofthe United States of Amezlca, when it ls displayed with ~~ another flag agalmt a wall from crossed staffs, should be on the ~\j,;J xlght, the.flag's own right, and Its staff should be in front of the staff of the other flag. ~ • ~ . (e) Toe flag of the United States of America should be at the center 0' ~,., ~~/ and at the highest paint of the group when a number of flags of Slates or localitles or pennants of societies are grouped and displayed c,()'.....\ from staffs. ,rcf25{ $' (f) When flags of ~es.J,cmes, or l~iUes, or p;;;;;:;;"nts of sodet!es . 1--- are flown on the same halyard with the !lag of the Unlted States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag al the United States should be hoisted first ~ X and lowered last. No such flag or pennant may be placed above the X ----- flag of the Unlled States or to the United States flag's right. (g) When flag, al two or more na tlon.s are displayed, they are to be flown from separate staffs of the same height. The !lags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace. (h) When lhe flag of the United Stales ls displayed from a stafl pro- -n jecting horizontally or at an angle from the window sill, balcony, or ~ front of a bu.ilding, the unlon of the flag should be placed at the peak = al the staff unless !he flag ls at half staff, When the flag ls suspend- = ~ ed over a <ldewalk from a rope extending from a house to a pole at = = 16 I ~ = = a'; ~ 3 ~ = -_ v•_~••• ••••-~- •• ·•.•77.~ .• •- '. -~-.- ~ -= = ~ = = I I L 108th Congress, 1st Session H.Doc. 108-97 I i I'' OUR FLAG I' i~• jO[NT CoMMITIEE ON PRINT[NG I UNJTED STATES CONGRESS i' i I !.,. "TI I,. X ~ i, ,. r 'j ,. /' L l "TI ~ /-- ri ~ = ~ = = ~ Prlnted by authority of House Concurrent ResolullOn 139, 108th Congres, L ' = "" i-.· U.S. GOVERNMENT PRINTING Orncs. = ~ ~ ;a WASH!NGTON : 2003 'r! "O = ,.,. =w ....._ ! Pol sa{e by I.he Supedntendent o! Di:xument,l., U,S. Government Prlnt\ng Office. = = w k Internet: book!!ore.gpo.gov Pbone; toll free {866) 512---1800; DC a:Iea (202-) 512-1800 Fax: (ZOZ) 512-2250 Mail: Stop s.sor, Washtngton, DC 20402--0001 k Affinnati;,,e Action (231)724-6703 FAX (231)722-1214 :\ll SI\I•:(;()., Assessor (231 )724-6708 ~' FAX (231)726-5181 Cemetery (231 )724-6783 FAX (23 I )726-5617 City Manager (231 )724-6724 FAX (231)722-1214 Civil Service (231 )724-6716 FAX (231 )724-4405 Clerk (231 )724-6705 FAX (231)724-4178 February 14, 2007 Comm. & Neigh. Services (231 )724-6717 FAX (231)726-2501 Engineering Mr. Kevin Donovan, Pesident (231)724-6707 FAX (231)727-6904 Muskegon Irish American Society Finance 1086 Ireland Avenue (231)724-6713 Muskegon,MI 49441 FAX (231)724-6768 Fire Department Dear Mr. Donovan: (231)724-6792 FAX (231 )724-6985 th rd Income Tax Your request to fly the Irish Flag at Hackley Park March 16 through March 23 (231 )724-6770 was denied by the City Commission at their February 13 th Commission Meeting. FAX (231)724-6768 They did offer the alternative to fly the flag at City Hall as has been done in the Info. Technology past. Please let me know if that would work out for you. (231)724-4126 FAX (231)722-4301 Inspection Services Thank you, (231)724-6715 FAX (231 )728-4371 Leisure Services (231 )724-6704 FAX (231)724-1196 Linda Potter Mayor's Office Deputy Clerk (231)724-670 I FAX (231)722-1214 7;?!/-,69/f Planning/Zoning (231 )724-6702 FAX (231)724-6790 Police Depat1ment (231 )724-6750 FAX (231)722-5140 Public Works (231)724-4100 FAX (231 )722-4188 Treasurer (231)724-6720 FAX (231)724-6768 Water Billing (231)724-6718 FAX (231 )724-6768 Water Filtration (231)724-4106 FAX (231 )755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536 http://www.shorelinecity.com AGENDA ITEM NO. _ _ _ _ __ CITY COMMISSION MEETING February 13, 2007 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: February 7, 2007 RE: 2007 - 2008 City Commission Goals SUMMARY OF REQUEST: To adopt the 2007 - 2008 City Commission goals. FINANCIAL IMPACT: None at this time. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached Vision, Value and Mission statements and the 2007 - 2008 goals. COMMITTEE RECOMMENDATION: The City Commission determined these goals at their annual goal setting session on January 26, 2007. pb\AGENDA\2007-08 COMMISSION GOALS 020707 VISION MUSKEGON, THE PREMIER SHORELINE CITY OF WEST MICHIGAN. VALUES PROVIDE ALL SERVICES IN A PROFESSIONAL, ETHICAL, COURTEOUS, AND COST-EFFECTIVE MANNER. MISSION TO IMPROVE THE QUALITY OF LIFE FOR THE CITIZENS OF MUSKEGON THROUGH STEWARDSHIP OF RESOURCES, EXCELLENT SERVICE AND LEADERSHIP FOR THE GREATER COMMUNITY. • Take Leadership Responsibility for Improving Race Relations and Diversity. • Foster Opportunities for City Youth. • Promote Economic Stability, diverse Economic Growth, and Redevelopment. • Sustain the Natural, Cultural, and Recreational Resources of the Community. • Foster Strong Ties Among Governments & Community Agencies. • Develop and Maintain City Infrastructure and Facilities. • Maintain and Enhance the Residential Neighborhoods of the City. .MUSKEGON CITY COlVllvIISSION GOALS 2007-2008 BLIGHT FIGHT (11) - To continue and consider improvements to the coordinated effort of several City departments to address blighting influences throughout the City and in targeted areas. ** REGIONAL COOPERATION (8) - Consider ways to cooperate with other local governments, including schools and the county, to provide the most cost-effective municipal services. FARMERS MARKET RELOCATION DECISION (7) - Consider the relocation of the farmers market and come to a conclusion in 2007 about whether it will be relocated. SMARTZONE STRATEGY (6)- Consider ways to spur development at this site. This should include consider taking the remaining unsold properties, per the development agreement between the City and Lakefront, LLC. ** SUSTAINABLE INFRASTRUCTURE (6)- Consider ways to maintain and fund City infrastructure (200 miles of streets, water mains, sanitary sewer mains, stonn sewer mains). * YOUTH RECREATION FACILITIES (3) - Consider sustainability of existing facilities and any propo~ed facilities through the master planning process. Also analyze the cost and benefit of the existing recreation programs and consider partnerships or contracting with other agencies. REDUCTION/MODIFICATION OF CITY SERVICES (3)- Look for ways to reduce costs and/or maximize service levels through functional consolidation (internal or external) and reduction or modification of services. * LAKESHORE PATHWAY (1)- Continue the expansion of the City's trail system, especially linking it to the Musketawa Trail, Heritage Landing, Clara Shepherd Park, and neighborhoods. MARKETING/PUBLIC RELATIONS (1) - Consider the possibility of funding a position or contracting for marketing and public relations services to better communicate the virtues of the City and enhance the image of the City. LEED BUILDING POLICY (1) - Consider policy for the construction or renovation of LEED (Leadership in Energy and Environmental Design) certified buildings. Note: The above is a description of the City Commission goals and is arranged in order of priority. The highest priorities are listed by *. DATE: February 6, 2007 TO: Honorable Mayor and Commissioners FROM: Mark Kincaid, Deputy Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: EN-050108 SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 487 W. Clay is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN-050108 - 487 W. Clay Location and ownership: This structure is located on W. Clay between Fifth and Sixth Streets and is owned by Victor J. Sieradzki. Staff Correspondence: A dangerous building inspection was conducted on 08/15/05. The Notice and Order to Repair was issued on 08/23/05. A building permit was issued 09/21/05. On 10/06/05 the HBA tabled case until December 2005 with property owner to complete repairs. Case came back before HBA 12/01/05 and board declared the structure substandard and dangerous. Owner Contact: Mr. Sieradzki was present for HBA dated 10/06/05 and stated he had gotten a permit and wanted time to speak with his attorney to determine requirements from the City. No inspections were scheduled, the permit expired, and repairs were not completed so case came back before HBA 12/01/05 and board declared the structure substandard and dangerous. Mr. Sieradzki arrived late to the HBA meeting dated 12/01/05 at which time his case had already been presented. A few neighbors were present to speak in behalf of Mr. Sieradzki. Mr. Sieradzki did not request to speak in his behalf. The HOC held two hearings at which time it was decided to concur with findings of HBA and issued a Certificate of Appropriateness dated 02/07/06 granting approval to demolish. A second Certificate of Appropriateness was issued 06/06/06 granting permission to remove small chimney near rear of house. Financial Impact: General Funds Budget action required: None State Equalized value: $30,900 Estimated cost to repair: $25,000 (Exterior Only) Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT Tuesday,August23,2005 Enforcement# EN050108 Property Address 487 W CLAY AVE Parcel #24-205-324-0001-00 Owner SIERADSKI VICTOR J Inspector: Henry Faltinowski Date completed: 08/15/2005 DEFICENCIES: Uncorrected 1. Home has openings exposed to weather elements, windows broken out. 2. Attic vents missing. 3. Scrape and paint exterior coverings (wall coverings) - deck. 4. Chimney missing brick - open mortar joints. 5. Repair fascia , soffit damage on roof over hang. 6. Replace damaged missing siding. 7. Repair damage to side porch, porch sagging. Request interior inspection by all trades, electrical, mechanical and plumbing. Please contact Inspection Services with any questions or to schedule an inspection at 933 Terrace St., Muskegon, Ml 49440 (231) 724 6758. Based upon my recent inspection of the above property I determined that the structure meets the definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of the Muskegon City Code. Henry Faltinowski, Building Inspector Date oQO/ YY . \.. lay DSC00855.JPG w. \ ~ , / I I. I I I \ \ \ I ' . ; - - - ~- ' . '. J I I l ~ I . / .jl! ~I
Sign up for City of Muskegon Emails