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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
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1364 Wesley· I,' , 1 1 I ' I ,
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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
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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
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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.
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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.
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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~
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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
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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
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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
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DELANO AV[ DELANO AV[
0 ATION
HACKLEY AV[
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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
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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,
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Urethane foam • Inland waterway marking symbols with standard
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When ordering, specify symbols and messages • Stainless steel anchoring eye for salt water
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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
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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
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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
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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
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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)
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(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. ~ •
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.
(e) Toe flag of the United States of America should be at the center
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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
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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- =
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ed over a <ldewalk from a rope extending from a house to a pole at =
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108th Congress, 1st Session H.Doc. 108-97
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I'' OUR FLAG
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jO[NT CoMMITIEE ON PRINT[NG
I UNJTED STATES CONGRESS
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Prlnted by authority of House Concurrent ResolullOn 139, 108th Congres,
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U.S. GOVERNMENT PRINTING Orncs. =
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WASH!NGTON : 2003
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! Pol sa{e by I.he Supedntendent o! Di:xument,l., U,S. Government Prlnt\ng Office. =
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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
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