City Commission Packet Archive 08-09-2005

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    CITY OF MUSKEGON
      CITY COMMISSION MEETING
                      AUGUST 9, 2005
   CITY COMMISSION CHAMBERS                          @   5:30 P.M.
                              AGENDA

o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
     A. Declaring October as "Internet Safety Awareness Month."
o INTRODUCTIONS/PRESENTATION:
     A. 2005 1•1 Quarter Suggestion Award Winner. CIVIL SERVICE
o CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
     B. Approval of a Neighborhood Enterprise Zone Certificate for 1397 6th
        Street. PLANNING & ECONOMIC DEVELOPMENT
     C. Approval of a Neighborhood Enterprise Zone Certificate for 1173 4th
        Street. PLANNING & ECONOMIC DEVELOPMENT
     D. Sale of Buildable Vacant Lot at 363 Merrill Avenue.       PLANNING &
        ECONOMIC DEVELOPMENT
     E. Approval of 2005 - 2006 Subrecipient and Community Housing
        Development Organization (CHDO) Agreements. COMMUNITY &
        NEIGHBORHOOD SERVICES
     F. MML ·Annual Membership Dues (7/1 /05 • 6/30/06). CITY MANAGER
     G. Construction of Improvements - Great Lakes Naval Memorial and
        Museum. CITY MANAGER
     H. Request to Approve Contract for Demolition of 337 W. Grand. PUBLIC
        SAFETY
o PUBLIC HEARINGS:
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
         A. Construction Contract for the Former Mall Area Project. ENGINEERING
         B. Michigan Main Street/Community Requirements and Expectations
            Agreement. PLANNING & ECONOMIC DEVELOPMENT
         C. Amendment to Notice of Intent Resolution. FINANCE
         D. Extension of Contract to Market Seaway Industrial Park. PLANNING &
            ECONOMIC DEVELOPMENT
         E. Directional Signage. PLANNING & ECONOMIC DEVELOPMENT
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
)-   Reminder: Individuals who would like to address the City Commission shall do the foJiowing:
> Fill out a request to speak form aftached to the agenda or located in the back of the room.
> Submit the form fo 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.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO A TIE NO THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAlLA
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, M! 49440 OR BY CALLING (231) 724-6705 OR TOO: (231)
724-4172.
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           WHEREAS,       The Internet Safety Community Action Team made up of community partners and many local
                          organizations who care about the safety of our children, request October be designated as
                          "Internet Safety Awareness Month"; and

           WHEREAS,       over 49 million children in our country, ranging from 5 to 17 years in age regularly use the
                          internet, and
                                                                                                                                       \
           WHEREAS,      surveys conducted by i-SAFE America Inc of 55,000 children state that 55% have given out                  . ~~\
                                                                                                                                     ···, \\
                         personal information over the internet, 31% have chatted or used instant messaging with                              ']j
                         someone they have not met "face to face" and that 13% are willing to meet with one of these
                                                                                                                                     (
                         people "face to face", and that 8% have been asked to keep their friendship a secret; and
                                                                                                                                     \)}
           WHEREAS,      other recent studies show that 1 in 5 children under age 17 have been propositioned for sex




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                         online and 1 in 33 have received an aggressive solicitation to meet their "cyber friend"                                I
                         somewhere in person; and                                                                                            /
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                                                                                                                                      Jr--.
           WHEREAS,      The FBI states that online sexual exploitation of children and child pornography is one of the
                         most significant crime problems it faces today; and
    )
~ ~·       WHEREAS,      the Internet Safety Community Action Team has planned awareness activities on October 6, 2005
                         to help our citizens seek out strategies and proactive means to protect their children and teens
t   -__/                 from becoming victims.

           NOW THEREFORE, I Stephen J. Warmington, by virtue of the authority vested in me as Mayor and speaking
                         on behalf of the entire City Commission and all our citizens recognize the escalating problem of
                         online predators, and hereby proclaim October to be "Internet Safety Awareness Month" and
                         encourage all who utilize the internet, especially those in the care of children to locate the family
                         computer in an area that is easily observed, educate their children of the dangers of the internet
                         and that any suspicious or dangerous online contact be reported to Jaw enforcement authorities
                         immediately.




                             -.. ··.!_.
                                CITY COMMISSION MEETING
                                         August 9, 2005


TO:             Honorable Mayor and City Commissioners

FROM:           Karen Scholle, Civil Service Personnel Director

DATE:           July 27, 2005

RE:             2005 1st Quarter Suggestion Award Winner


SUMMARY OF REQUEST:

        The Employee Suggestion Award Committee requests that the 2005 1st quarter award
        go to Cemetery & Forestry Supervisor Larry DeCou for his proposal to enter into a
        contract with Wilbert Burial Vault Company to perform the funeral service portion of
        burials at the city-owned cemeteries.

FINANCIAL IMPACT:

        Estimated annual savings of $50,000 due elimination of one Cemetery employee,
        plus the deletion of $10,000 equipment expense. As a result of the contract with
        Wilbert, the current equipment on hand for funeral services can now be sold.

BUDGET ACTION REQUIRED:

        None.

        (Contract awarded to Wilbert Burial at Financial resources at 12/14/04 City
        Commission meeting; allowance for $250 award of Muskegon Area Chamber of
        Commerce gift certificates previously allocated in the 2005 budget.)

COMMITTEE RECOMMENDATION:

        The committee recommends honoring Cemetery & Forestry Supervisor Larry DeCou
        with the 2005 1st quarter Employee Suggestion Award.

        (Incidentally, Larry DeCou is the sole supervisor who continually challenges himself to
        come up with efficiency ideas for the City and submit them through the employee
        suggestion system.)

STAFF RECOMMENDATION:

        Staff supports the committee recommendation and requests approval ofthis award.
Date:    August 9, 2005
To:       Honorable Mayor and City Commissioners
From:    Gail A. Kundinger, City Clerk
RE:      Approval of Minutes




SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, July 26, 2005.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                       AUGUST 9, 2005
    CITY COMMISSION CHAMBERS@ 5:30P.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, August 9,
2005.
   Mayor Warmington opened the meeting with a prayer from Pastor Penny
Johnson from Oak-Crest Church 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 Bill Larson, Commissioner
Chris Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence
Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and Deputy
City Clerk Linda Potter.
2005-71 HONORS AND AWARDS:
      A. Declaring October as "Internet Safety Awareness Month."
Denny Powers, Police Community Coordinator for the City of Muskegon
presented Kristin Tank, Chairperson of the Muskegon County Internet Safety
Action Committee and members with a resolution declaring October as
"Internet Safety Awareness Month."
2005-72 INTRODUCTIONS/PRESENTATION:
      A. 2005 1st Quarter Suggestion Award Winner. CIVIL SERVICE
SUMMARY OF REQUEST: The Employee Suggestion Award Committee requests
that the 2005 151 quarter award go to Cemetery & Forestry Supervisor Larry
DeCou for his proposal to enter into a contract with Wilbert Burial Vault
Company to perform the funeral service portion of burials at the city-owned
cemeteries.
FINANCIAL IMPACT: Estimated annual savings of $50,000 due elimination of one
Cemetery employee, plus the deletion of $10,000 equipment expense. As a
result of the contract with Wilbert, the current equipment on hand for funeral
services can now be sold.
BUDGET ACTION REQUIRED: None. Contract awarded to Wilbert Burial at
Financial resources at 12/14/04 City Commission meeting; allowance for $250
award of Muskegon Area Chamber of Commerce gift certificates previously
allocated in the 2005 budget.
STAFF RECOMMENDATION: Staff supports the committee recommendation and
requests approval of this award.
COMMIITEE RECOMMENDATION: The          committee     recommends       honoring
Cemetery & Forestry Supervisor Larry DeCou with the 2005 1st quarter Employee
Suggestion Award.
Commissioner Spataro presented the award to Larry DeCou.
2005-73 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, July 26, 2005.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Approval of a Neighborhood Enterprise Zone Certificate for 1397 61h
         Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
certification has been received from James Lawrence to rehabilitate a home in
the Nelson neighborhood at 1397 6th Street. The home is located in a
Neighborhood Enterprise Zone. The application states that the estimated cost
for rehabilitation will be $10,605. The roof will be replaced and new vinyl siding
will be installed. The applicant has met local and state requirements for the
issuance of the Neighborhood Enterprise Zone certificate. Approval or denial by
the City Commission is required within 60 days of the application date and must
be forwarded to the State Tax Commission.
FINANCIAL IMPACT: Taxation will be 50% of the State average for the next 6
years.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the issuance of the NEZ certificate.
      C. Approval of a Neighborhood Enterprise Zone Certificate for 1173 41h
         Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) certificate has been received from Ricky and Rebekah Mosqueda-Enders
II to rehabilitate a home in the Nelson neighborhood at 1173 4th Street. The
home is located in a Neighborhood Enterprise Zone. The application states that
the estimated cost for rehabilitation will be $56,108 for the replacement of all
windows, installation of vinyl siding, chimney repair, structural reinforcement,
replacement of missing balusters on the 2nd floor, and many updates to the
interior of the home. The applicant has met local and state requirements for the
issuance of the NEZ certificate. Approval or denial by the City Commission is
required within 60 days of the application date and must be forwarded to the
State Tax Commission.
FINANCIAL IMPACT: Taxation will be SO% of the State average for the next 12
years.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve issuance of the NEZ certificate.
      D. Sale of Buildable Vacant Lot at 363 Merrill Avenue.      PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 363
Merrill Avenue (Parcel #24-205-389-0002-00) to Carlos Martinez, 369 Merrill
Avenue, Muskegon, MI. The lot is 66 X 132 ft. and is being offered to Carlos
Martinez for $1 ,000 plus the fee to register the deed. Carlos Martinez will be
combining this property with his existing property, which would be considered
unbuildable should his home be destroyed over 50%. His property is 33 x 132 ft.
He would like to fence the property and add a slider with a deck. The True Cash
Value (TCV) for the property listed in the Assessor's office is $10,000, and our
price is set at $7,500 which is 75% of that amount. The City has owned the
property since 1992 and there have been no inquiries for potential construction.
The Land Reutilization Committee is recommending approval of the sale at
lesser price due to the size of Carlos Martinez's current property, and the True
Cash Value of this property seemed a little higher than other areas for the same
size property. The Land Reutilization Committee looked at the values of other
properties in the City, there has been a lot of new construction in the areas of
Jackson Hill and Marquette neighborhoods and the values of the same size
property or larger had a True Cash Value less than the properties in Nelson
Neighborhood. Staff also sent a letter to the other adjacent property owner
offering to sell half of the property to them, no interest was shown.
FINANCIAL IMPACT: The sale of this lot to the adjacent property owner 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 the resolution and deed.
      E. Approval of 2005 -     2006 Subrecipient and Community Housing
         Development Organization (CHDO) Agreements.            COMMUNITY &
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To direct the Mayor and City Clerk to sign all of the
2005-2006 approved agreements for the City's subrecipients and CHDO's. The
City Commission approved the funding for each of the nonprofits last spring
during the City's Consolidated Planning process.
1.    West Michigan Veteran's                    $5,000
2.    HealthCare Project                         $5,000
3.    American Red Cross                         $5,000
Also to have the Community Housing Development Organization agreements
signed by the following agencies.
1.    Neighborhood Investment Corporation        $70,000
2.    Habitat for Humanity                       $35,000
After the Mayor and Clerk sign the contract, the CNS office will retain one copy
for our files and a copy will be supplied to the appropriate nonprofit for their
records.
FINANCIAL IMPACT: Funding will be allocated from the 2005-2006 CDBG and
HOME programs.
BUDGET ACTION REQUIRED: None.          The City Commission made budgeting
allocation decision last spring.
STAFF RECOMMENDATION: To direct Mayor and Clerk to sign agreements.
      F. MML ·Annual Membership Dues (7/1/05 · 6/30/06). CITY MANAGER
SUMMARY OF REQUEST: To obtain permission from the City Commission, in
accordance with the Purchasing Policies and Procedures, to pay the MML
Annual Membership Dues for July 1, 2005, through June 30, 2006.
FINANCIAL IMPACT:
   MML Membership Dues:                $7,371
   Environmental Affairs Assessment:   $   885
   Legal Defense Fund:                 $ 737
     Total:                            $8,993

BUDGET ACTION REQUIRED: None. Cost applied to proper budget line items.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the Consent Agenda as read with the exception of items G and H.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
           Larson
            Nays: None
MOTION PASSES
2005-74 ITEMS REMOVED FROM THE CONSENT AGENDA:
      G. Construction of Improvements - Great Lakes Naval Memorial and
         Museum. CITY MANAGER
SUMMARY OF REQUEST: To approve a request from the Great Lakes Naval
Memorial and Museum to construct a retaining wall and picnic pavilion on the
property leased from the City. The lease requires that any improvements be
approved by the City.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Davis, second by Vice Mayor Larson to approve the
construction improvements for the Great Lakes Naval Memorial and Museum
with the height of the retaining wall being no more than 48".
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
           Spataro
           Nays: None
MOTION PASSES
      H. Request to Approve Contract for Demolition of 337 W. Grand. PUBLIC
         SAFETY
SUMMARY OF REQUEST: The City owned property located at 373 W. Grand has
been declared dangerous, substandard, and a public nuisance. Bids were
solicited for the demolition of said property. The only bid was received from
Press's LLC, 8081 Holton Duck Lake Road. Holton, Ml 49425 for $3,600.
FINANCIAL IMPACT: Funds for this demolition would be available through the
Community Development Block Grant.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the contract for demolition of 337 W. Grand with Press's LLC.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, and Carter
           Nays: Davis
MOTION PASSES
2005-75 NEW BUSINESS:
      A. Construction Contract for the Former Mall Area Project. ENGINEERING
SUMMARY OF REQUEST: As a result of staff's negotiations with Milbocker and
Sons please consider the following options (the original bid was $2,538,989 .05;
with the snowmelt removed it is $1 ,7 64,7 63.95):
1.    An additional $15,000 reduction with a completion date for the entire
project in 2005.
2.    An additional $28,000 reduction if the project completion was extended
to 2006 with some concrete work being completed in 2005.
3.   An additional $43,000 reduction if the project completion date was
extended to 2006 with all of the concrete work done in 2006.
4.    Reject all bids, re-bid and award project in 2005 with start and completion
dates in 2006.
The first three options include minority participation and a commitment from the
president of the company to volunteer (4) four hours a month for at least (6) six
months to train minority contractors on biddings and other related issues. The
third option calls for a minority concrete contractor (Martin J Concrete) who
would not be available until 2006 but also has not done much concrete work
similar to that called for on this project.
The additional savings referenced above are in addition to savings resulting
from eliminating the snowmelt system. Should you choose any of the first three
options, it is respectfully requested that a contract be awarded to Milbocker
and Sons.
FINANCIAL IMPACT: Depends on the option selected.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: City staff and the DMDC (Downtown Muskegon
Development Corporation) will present a recommendation at the time of the
meeting.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the construction contract for the former mall area project using option #3 to
Milbocker and Sons.
MOTION AND SECOND WITHDRAWN
Motion by Commissioner Carter, second by Vice Mayor larson to approve
option #3 as a provision of the contract.
ROLL VOTE: Ayes: larson, Shepherd, Spataro, Warmington, Carter, Davis, and
           Gawron
            Nays: None
MOTION PASSES
       B. Michigan Main Street/Community Requirements and Expectations
          Agreement. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The Michigan Economic Development Corporation
(MEDC) requires that the local community (i.e., City of Muskegon) enter into an
agreement with the local Main Street Board and MEDC. The agreement outlines
the support to be provided. There is no financial obligation by the City of
Muskegon to support the program. The commitments relate to cooperation and
support. If, for some reason, the agreement is not adhered to, the only
repercussion is that the agreement would be null and void.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement and authorize the City
Manager to sign.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the Michigan Main Street/Community Requirements and Expectations
Agreement.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
           Shepherd
             Nays: None
MOTION PASSES
      C. Amendment to Notice of Intent Resolution. FINANCE
SUMMARY OF REQUEST: Previously the City Commission approved a notice of
intent resolution for up to $7.5 million bonds to be used for a new central fire
station and certain recreation projects. Staff is still refining the size and details of
this bond issue, however, it is clear that one of the main components originally
contemplated (second ice sheet) is not financially feasible. The purpose of this
amendment is to add language to the notice of intent to provide flexibility to
allow proceeds from this bond issue to also be used for water system
improvements, in the event this becomes necessary. It appears that final
filtration plan improvement project costs will be higher than originally
anticipated. If. cash generated from the new water rates and summer usage will
be adequate to cover the additional filtration plant project costs, it will not be
necessary to borrow for this purpose. Any amounts that are borrowed for water
improvements would, of course, be repaid from the water fund.
FINANCIAL IMPACT: The immediate cost associated with this action is the cost of
re-publication in the Chronicle.
BUDGET ACTION REQUIRED: None at this time. The cost of the newspaper
publication can be covered within the current budget. Once bonds are sold,
debt service will be budgeted over the life of the bonds (20 years).
STAFF RECOMMENDATION: Approval of the resolution.
Motion by Vice Mayor Larson, second by Commissioner Gawron to approve the
amendment to the Notice of Intent Resolution.
ROLL VOTE: Ayes:  Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
      D. Extension of Contract to Market Seaway Industrial Park. PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: In 2004 C & A Commercial Real Estate was selected as
the company to market Seaway Industrial Park properties, as well as one
property located on Getty Street. A nine-month real estate agreement was
originally signed by the Mayor with a six-month extension signed by the City
Manager in December 2004. Staff feels that Commission should review the
performance of C & A Commercial Real Estate in order to determine if there
should be another extension of the agreement for a six-month time period.
FINANCIAL IMPACT: The continued timely sale and development of these
properties will bring more jobs to Muskegon in the near future, thus additional
income tax being generated.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign the said resolution.
Motion by Commissioner Gawron, second by Commissioner Spataro to approve
the resolution extending the contract to market Seaway Industrial Park for six
months.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
           Davis
            Nays: None
MOTION PASSES
     E. Directional Signage. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the location of directional signage in
Muskegon and allow the signs to be placed in City right-of-way, with the
conditions outlined in the correspondence from Cindy Larsen, Chamber of
Commerce President.
FINANCIAL IMPACT: The Chamber will be providing the signs with an additional
amount of funding for future maintenance of the signs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION : To approve the location of the signs and accept the
signs and maintenance funding from the Chamber of Commerce.
Motion by Commissioner Gawron, second by Commissioner Carter to approve
the location of the signs and accept the signs and maintenance funding from
the Chamber of Commerce.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
           Larson
           Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard
2005-76 CLOSED SESSION: To discuss collective bargaining.
Motion by Commissioner Carter, second by Vice Mayor Larson to go into Closed
Session at 6:27 p.m. to discuss collective bargaining.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
           Spataro
           Nays: None
MOTION PASSES
Motion by Commissioner Shepherd, second by Commissioner Gawron to come
out of Closed Session at 6:47 p.m.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
           Carter
           Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:48p.m.


                                         Respectfully submitted,


                                          k o. ~r
                                         Gail A. Kundinger, MMC
                                         City Clerk
                                    AGENDA ITEM No. _ __

                       MUSKEGON CITY COMMISSION- August 9, 2005


TO:                       Honorable Mayor & City Commissioners

FROM:                     Planning Department ~

DATE:                     June 25, 2005

SUBJECT:                  Approval of a Neighborhood Enterprise Zone Certificate




SUMMARY OF REQUEST

An application for a Neighborhood Enterprise Zone certificate has been received from James
Lawrence to rehabilitate a home in the Nelson neighborhood at 1397 6 1h Street. The home is
located in a Neighborhood Enterprise Zone. The application states that the estimated cost for
rehabilitation will be $10,605. The roof will be replaced and new vinyl siding will be installed.
The applicant has met local and state requirements for the issuance of the Neighborhood
Enterprise Zone certificate. Approval or denial by the City Commission is required within 60
days of the application date and must be forwarded to the State Tax Commission.

FINANCIAL IMPACT

Taxation will be 50% of the State average for the next 6 years.

BUDGET ACTION REQUIRED

None.

STAFF RECOMMENDATION

Approve issuance of the NEZ certificate.

COMMITTEE RECOMMENDATION

None.




0:\Pianning\COMMON\NEZ\1397 6TH ST\Agenda ltem.doc
                                    Resolution No. 2005-73(b)

                              MUSKEGON CITY COMMISSION

                    RESOLUTION TO APPROVE THE ISSUANCE
               OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE




WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with
the City Clerk by James Lawrence to rehabilitate a home at 1397 61h Street in the Nelson
neighborhood, and;

WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;

WHEREAS, the Neighborhood Enterprise Zone Certificate will be good for 6 years;

NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for the rehabilitation of a home by James Lawrence be approved.

Adopted this, 91h day of August, 2005.



Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson

Nays: None

Absent: None


                                                     B




                                                     Attest: --+=:::.~:::=..::=- ___!....:~~~~~'-'
                                                             Gail Kundinger, MMC
                                                             City Clerk



                                         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 August 9, 2005.                                        ~_'I . /                      .

                                                                By:    i:,!CL-'-   L~
                                                                             Gail Kundinge;,MC
                                                                             City Clerk
NEZ Certificate for 1397 6th Street




                              s
 Michigan Department of Treasury
 2704 (Rev. 10/04}


 Application for Neighborhood Enterprise Zone Certificate
 Issued under authority of P.A. 147 of 1992, as amended.

 INSTRUCTIONS: Read this form before completing application. This application must be filed prior to building permit
 issuance and start of construction. File initially one original and two copies of this form. File all additional required
 attachments (three complete sets) when completed with the clerk of the local government unit.


     To be Completed by Clerk of Local Government Unit
                                                                                                City or Township Name                                                       !Local Unit Code


 Signature                                                                                      Address of Clerk


 Date Received
                             7-~;-o.s;-
                                                                                                Application Number                 IState Tax Commission Use Only



                                 Applicant, Do Not Write Above This Line. Begin Entries at 1 Below.
      1. :s~cant Name

        " """" ...::>             L"""-""' < ~ >"'\ G '0
      2.location of Facility {No. and Street, City, State, ZIP)                                                                     3. County                                   ~ School Code
          1:;'\7             ~...,~    'S-tce.~"r                 r<'l"'-::.1-.eo."O>"'\ Ml                   '1'11.{ L\ I               'M v..-;,\<; "-"-\ C> II"\
      4. Applicant's Mailing Address (No. and Street, City, State, ZIP)           J                                                    5. School District      t.l
            -::,._M «..-                                                                                                                  \"<')\A~~;,.,_"' ov"\
      6. Type of Approval Required                                                                                                  7. How Many Years l<pproval Requested
         DNewFacilily                 "&:rRehabililation                                                                                       lo
     8. Is Building Owned or Rented by the Occupant?                             I9. Type of Property
         5J-- Owned                   0     Rented                                     5;3" House       0    Duplex          D Apartment· Number of Units                           D Condo
     10. Name of Governing Body That Established District             11. Name and Number Assigned to Neighborhood Enterprise Zone                          112. Date District Established
       (... \,...... .,.(' ['(\"' ...,)c:.e.,"' 0'">
 13. Was the Work Completed by                                        14. Total Project Cost
                                                                                                                                                 l1s. r;vest\:; c<:<~Sw~ #17}
         fiaucensed Contractor        Dother                              ~Actual                       0    Estimated
 16. Timetable for Undertaking and Completing the Rehabilitation or Construction of the Facility
         C!v."'v. ~,. 2.oc:o ':":.                  'ne.o. \""' o.K\~ ~"'                               ,·   "'-.\--..
 17. Describe thd'General Nature and Extent of the Rehabilitat~ or New Construction to be Undertaken and Breakdown of Investment Cost(un attachments if nec:easary)

          '(\<:...M=>        \oe>-f'- ~"' 7                =:,
          1"\.._........:>   Vi'"'~\          ~\     t.\.\no.J- tf, I..:>"' ~ 'o
 18. Rehabilitation Applicants Only: Attach Assessor's Statement (See required attachment number 5 below)                              18a. Taxable Value of Real Property


                                                                                                                                           $
 19. Who should be contacted              Name
        if more information is
        required to act on this
                                                  ,\ e...<t:>Si c.<>--      .S\se..."'_,
                                          Address (No. and Street, City, State, ZIP)
                                                                                                    - N.,_; "'""Oo\\A,--'
                                                                                                                                           cl\. :Ir..\/Q...-:-,-\YY\~N t t
                                                                                                                                            t>D

        application?                              \\\ s            '2.,'!:- s~.                '('() "'":>\:::..~ n. ·"'                K\ ..qC..'-lL\\
                                          Title                                                                          J
                                                                                                                                                jT•Jz':J:mb;'l)'O'\                    /22..~
       Requtred Attachments to Provtde when ProJeCt ts Complete.                                                                                                                       '-       .-'

1.     Legal description of the real property with parcel code number of the property.
2.     Proof of date of commencement of construction.
3.     Certificate of occupancy.
4.     Resolution approving the application.
       IN ADDITION TO 1 .. 4 SUBMIT 5 and 6 FOR REHABILITATION APPLICATIONS ONLY.
5.     Statement by the assessor showing the taxable value of the rehabilitated facility not including the land, for the
       tax year immediately preceding the effective date of the rehabilitation.
6.     Certification by the local building official, certifying that the building meets minimum building codes for the
       local unit. A rehabilitation certificate will nol be issued until this certification is filed with the State of Michigan.


                                                                           www.michigan.gov/treasury
Form 2704, Page 2


APPLICANT'S CERTIFICATION

The undersigned owner making this application certifies that, to the best of his/her knowledge, no information
contained herein or in the attachments hereto is false in any way and that all are truly descriptive of the residential
real property for which this application is being submitted.

It is further certified that the undersigned is familiar with the provision of P.A. 147 of 1992, being Sections 207.771
to 207.787, inclusive, of the Michigan Compiled Laws; and to the best of his/her knowledge and belief, he/she has
complied or will comply with all of the requirements thereof which are necessary to the issuance of a Neighborhood
Enterprise Zone Certificate.




                                                                                        Date


                                                                                               ?-2..\-as
I ... OCAL GOVERNMENT ACTION
D APPROVED FOR 12 YEARS
 Name of Local Government Unit                                                         lDate of Action on This Application

Attached hereto is a copy of the resolution showing the action taken by the above-named local government unit on
this application.




                                 INSTRUCTIONS FOR THE LOCAL GOVERNMENT UNIT

The local government unit must act, by resolution, on this application no more than 60 days after receiving it. The
clerk shall forward the exemption application to the State Tax Commission immediately.

If an applicant is a builder/developer of this facility, a certificate will not be issued until a single family
owner/occupant files an application and the additional required attachments.

If you have any questions, call (517) 373-0675 or (517) 373-3302.



                                 Submit Completed Forms to:
                                 Property Tax Division
                                 Michigan Department of Treasury
                                 P.O. Box 30471
                                 Lansing, Michigan 48909-7971




                                               www.michigan.gov/treasury
                                      AGENDA ITEM No. _ __

                        MUSKEGON CITY COMMISSION- August 9, 2005


TO:                       Honorable Mayor & City Commissioners

FROM:                     Planning Department C-fb'--

DATE:                     August 1, 2005

SUBJECT:                  Approval of a Neighborhood Enterprise Zone Certificate




SUMMARY OF REQUEST

An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received from
Ricky and Rebekah Mosqueda-Enders II to rehabilitate a home in the Nelson neighborhood at
1173 41h Street. The home is located in a Neighborhood Enterprise Zone. The application states
that the estimated cost for rehabilitation will be $56,108. The replacement of all windows,
installation of vinyl siding, chimney repair, structural reinforcement, replace missing balusters on
the 2"d floor, and many updates to the interior of the home. The applicant has met local and state
requirements for the issuance of the NEZ certificate. Approval or denial by the City
Commission is required within 60 days of the application date and must be forwarded to the
State Tax Commission.

FINANCIAL IMPACT

Taxation will be 50% of the State average for the next 12 years.

BUDGET ACTION REQUIRED

None.

STAFF RECOMMENDATION

Approve issuance of the NEZ certificate.

COMMITTEE RECOMMENDATION

None.




0:\Pianning\COMMON\NEZ\1173 4th St\Agcnda Item.doc
                                    Resolution No. 2005-73(c)

                              MUSKEGON CITY COMMISSION

                     RESOLUTION TO APPROVE THE ISSUANCE
               OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE




WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with
                                                                                     1
the City Clerk by Ricky & Rebekah Mosqueda-Enders II to rehabilitate a home at 1173 4 h Street
in the Nelson neighborhood, and;

WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;

WHEREAS, the Neighborhood Enterprise Zone Certificate will be good for 12 years;

NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for the rehabilitation of a home by Ricky & Rebekah Mosqueda-Enders II be
approved.

Adopted this, 91h day of August, 2005.



Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson

Nays: None

Absent: None




                                                     Attest: _..:i:~A..UL....____!_~~~~~
                                                             Gail Kundinger, MMC
                                                             City Clerk



                                         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 egular
meeting held on August 9, 2005.


                                                                           Gail Kundinger, M
                                                                           City Clerk
NEZ Certificate - 1173 4th Street
    Parcel Number: 61-24-205-368-0001-10      Jurisdiction:      24.CITY OF MUSKEGON               County:     MUSKEGON                               Printed on 06/08/2005
             Grantor                            Grantee                       Sale          sale        Inst        Terms of Sale           Liber         verified        Prcnt
                                                                              Price         Date        Type                                &Page               by        Trans




                   Property Address                   ass: 401.Residential rlzoning: R-1                     Building Permit(s)             Date       Number         Amount
    1173 4TH ST
                                                    School :   MUSKEGON SCHOOLS
               owner's   Name/Address----------_,------------------------.-------------1----------------------------b----------1-------------+---------~
    MILLS DANIEL B                                  P.R. E. 100% 05/01/1996           Hist.Dist: X
    1817 MILLS AVE
    MUSKEGON MI 49445

                  Legal Description
    CITY OF MUSKEGON
                                                  I X 1Improved I I Vacanti                                for Land Table R11 .. R11.04 NELSON RES
                                                                                                                  *Factors for*
    REVISED PLAT OF 1903                                              -               Description Frontage Depth Frontage Depth     Rate roAdj. Reason                   value
    LOT 1 EX NLY 38.5 FT BLK 368 ALSO                          Improvements           <Site Value B> TYPICAL                      10000 100                              10,000
    NLY 1/2 VAC ADJ ALLEY                                                                66 Actual Front Feet, 0.14 Total Acres       Total Est. Land value=             10,000
                                                       Dirt Road
                  comments/Influences----------_,      Gravel Road                    <                        Land Improvement Cost Estimates
                                                       Paved Road                     Description                           Rate CountyMult. Size %Good              cash value
                                                       Storm sewer                    D/W/P: 3.5 Concrete                   2.63    1.14        300    35                   315
                                                       Sidewalk                                        Total Estimated Land Improvements True cash value=                   315
                                                       Water
                                                       sewer
                                                       Electric
                                                       Gas
                                                       Curb
                                                       Street Lights
                                                       Standard Utilities
                                                       Underground Utils.
                                                               Topography
                                                                of site
                                                       Level
                                                       Rolling
                                                       Low
                                                       High
                                                       Landscaped
                                                       swamp
                                                       Wooded
                                                       Pond




                                                                                                   -
                                                       Waterfront                             Land             Building        Assessed    Board of   Tribuna 1I       Taxable
                                                       Ravine                                 value             value            value      Review      other           value
                                                       Wetland
                                                       Flood Plain                                                                                                       !IIIII
                                                                                                   5 ,000         21,100          26,100
                                                             when       what
                                                          09/28/2001 DATA ENT                                     7n_qnn          25,900
                                                                                                                  21,200   I      2
1
'~'*Information     herein deemed reliable but not guaranteed*''*
                             Residential Building 1 of 1                                         Parcel Number: 61-24-205-368-0001-10                                                                Printed on 06/08/2005
            Building Type                    (3) Roof (cont.)             (11) Heating/Cooling                       (15) sui l t-ins              (15) Fi rep 1aces        (16) Porches/Decks           (17) Garag-:
i
!
i
        X I Sin~le Family
          J Mob1le Home
            Town Home                        0
                                                    Eavestrough
                                                    Insulation
                                                    Front Overhang
                                                                          1   Gasdll
                                                                              Wood   coal111 steam
                                                                                     oil     Elec.                             Appliance Allow.
                                                                                                                               cook Toh
                                                                                                                               oishwas er
                                                                                                                                                      Interior 1 Story
                                                                                                                                                      Interior 2 Story
                                                                                                                                                      2nd/Same Stack
                                                                                                                                                                           Area
                                                                                                                                                                           48     CPP
                                                                                                                                                                                     Type        Year Built:
                                                                                                                                                                                                 Car capacity:
                                                                                                                                                                                                 class:
            Duplex                           0      Other overhang        X     Forced Air w/o Ducts                           Garbage Disposal       TWO Sided            320    WCP (1 Story) Exterior:
            A-Frame                                                             Forced Air w/ Ducts                            Bath Heater            Exterior 1 Story     144    WGEP (1 Story) Brick ven.:
                                             (4) Interior                       Forced Hot Water                               Vent Fan             1 Exterior 2 Story                           Stone ven.:
        X        wood        Frame                                              Electric Baseboard                             Hot Tub                Prefab 1 Story                             Common wall:
I                                            Drywall     I     Plaster          Elec. Ceil. Radient                            unvented Hood          Prefab 2 Story                             Foundation:
                                             Paneled           Wood T&G         Radiant (in-floor)                             vented Hood            Heat circulator                            Finished ?:
        Building Style:                                                         Electric wall Heat                             Intercom               Raised Hearth                              Auto. Doors:
        2 STORY                             Trim & Decoration                   Space Heater                                   Jacuzzi Tub            wood Stove                                 Mech. Doors:
                                                                                wall/Floor Furnace                             Jacuzzi repl .Tub      Direct-Vented Ga                           Area:
    YearBuilt: Remodeled
       0         1979
                                              Ex   I ~ Ord I     Min            Forced Heat & Cool
                                                                                Heat Pump
                                                                                                                               oven
                                                                                                                               Microwave           class: D
                                                                                                                                                                                                 % Good:
                                                                                                                                                                                                 Storage Area:
                                            size of Closets                     No Heating/Cooling                             Standard Range      Effec. Age: 54                                No cone. Floor:
        condition for Age:                                                                                                     self clean Range    Floor Area: 2264                    CntyMult
        Average            >q Lg                   I I ord I     Small          Central Air
                                                                                wood Furnace
                                                                                                                               Sauna
                                                                                                                               Trash Compactor
                                                                                                                                                   To~al Base Cost:
                                                                                                                                                   Total cost New :
                                                                                                                                                                       83,437
                                                                                                                                                                       92,615
                                                                                                                                                                                      X l.llO
                                                                                                                                                                                         E.C. F.
                                                                                                                                                                                                 Bsmnt Garage:
        Room List                           Doors      I solid xl H.C.    (12) Electric
                                                                                                                               Central vacuum
                                                                                                                               Securi~y System
                                                                                                                                                   Total oepr Cost:
                                                                                                                                                   Es~imated T.c.v:
                                                                                                                                                                       42,603
                                                                                                                                                                       44,733
                                                                                                                                                                                      X 1.050    carport Area:
                                                                                                                                                                                                 Roof:
            4     Basement                   (5) Floors
            4     1st Floor                                               10~ Amps service                          Stories    Exterior               Foundation       Rate Bsmnt-Adj       Heat-Adj         Size         cost
            3     2nd Floor                 Kitchen: Linoleum                                                       1    Story siding                 Crawl Space      39.43  -6.77           0.00            144        4,703
            5     Bedrooms                  Other: Hardwood               No./Qual. of Fixtures                     2    story siding                 Basement         60.81   0.00           0.00           1060       64,459
                                            other:
        (1) Exterior
                                             (6) Ceilings
                                                                          I Ex. 11 Ord.l I Min                      Other Additions/AdjustmenLs
                                                                                                                    (13) Plumbing
                                                                                                                                                                   Rate                size                               Cost

II X            wood/Shingle
                A1 umi num/Vi nyl             orr,:all X Plaster
                                                                          No. of Elec. Outlets                        3 Fixture Bath
                                                                                                                    (14) water/sewer
                                                                                                                                                                1475.00                    1                             1,475
I               Brick                         Tl e
                                              wood
                                                         suspended        I Manyl xl Ave.l I Few                      Public wat:er
                                                                                                                      Public sewer
                                                                                                                                                                 825.00
                                                                                                                                                                 825.00
                                                                                                                                                                                           1
                                                                                                                                                                                           1
                                                                                                                                                                                                                           825
                                                                                                                                                                                                                           825
        X       Insulation                                                    (13) Plumbing                         (15) Built-Ins & Fireplaces
                                             (7)    Excavation                                                        Exterior 2 Story                          3225.00                    1                             3,225
        (2) windows                                                         Average Fixture(s)                      (16) Porches
                                         Basement: 1060 S. F.             2 3 Fixture Bath                            CPP             , shallow                    9.21                   48                               442
        X       Many               Large crawl: 144 S.F.                    2 Fixture Bath                            WCP (1 Story), Shallow                      12.13                 320                              3,882
                Ave.               Ave. slab: o s.F.                        softener, Auto                            WGEP (1 story), shallow                     25.01                 144                              3,601
                Few          X     small Height to Joists: 0.0              Softener, Manual                        Phy/Ab.Phy/Func/Econ/Comb.%Good= 46/100/100/100/46.0,     Depr.Cost =                               42,603
                                                                            Solar Water Heat                        ECF (R11.04 NELSON RES)                   1.050 => TCV of Bldg: 1 =                                 44,733
        X       wood Sash                    (8) Basement                   No Plumbing
                Metal sash                                                  Extra Toilet
                Vinsl Sash                         cone. Block              Extra sink
                Dou 1 e Hung                       Poured cone.             Separate shower
                Horiz. slide                       Stone                    ceramic Tile Floor
                casement                           Treated wood             Ceramic Tile wains
                Double Glass                       concrete Floor           Ceramic Tub Alcove
                Patio Doors                                                 vent Fan
                Storms&screens               (9) Basement Finish
                                                                              (14) Water/Sewer
        (3)       Roof                                Recreation SF
            I   Gable
                     1-"•
                         X       Gambre 1
                                 Mansard
                                                      Living
                                                      No Floor
                                                                 SF
                                                      walkout Doors
                                                                 SF
                                                                          1
                                                                          1
                                                                                Public water
                                                                                Public Sewer
                                                                                ~~well ..,.,_
            ! HlJ>o-
              Flat               shed
                                             (10) Floor Support
                                                                                100 Gal septic
                                                                                2000 Gal septic
                                                                                                                       r:-.• ·--""'

        X        Asphalt Shingle
                                            Joists:                       Lump Sum Items:
                                            unsupported Len:
    !   chimney: Brick                      cntr.sup:                                                         ..............
                                                                                                 ----------                                                                                  - ---          --

    "'~' 1'Informati         on herein deemed reliable but not guaranteed 1'**
                                     Rehab Specs for
                                          1173 41h St
                                   ~uskegon,~I49441


Exterior
   I. Solid vinyl triple three siding over tyvek and foam board. Wrap trim in
       aluminum. Follow contours of existing structure. Hand scrape and paint design
       features on columns, ballusters and gables.                            14600
   2. Replace 28 double hung vinyl windows, with at least 30 yr warranty. Maintain
       the same design elements and windows sizes with all replacements. 8400
   3. Replace basement windows with block windows with vents.                    SOO
   4. Install new outside lockset on front door.                                120
   5. Scrape and paint front door, remove pet door.                            350
   6. Replace front steps with poured concrete.                               !300
   7. Repair bricks on porch and reset lintel.                                  428
   8. Replace missing balusters on 2nd floor balcony with same style. Replicate
       balisters and rails for balcony on back of house. Scrape and paint, 1 coat primer
       and 1 coat finish.                                                       450
   9. Replace back porch decking and install steps with rail. Install new door with
       hardware.                                                                 600
   10. Replace damaged wood on porch ceiling and paint porch ceiling.             450
   11. Check porch light, replace if necessary, and install new switch.           200
   12. Replace 1" floor window !.edge in rear of house prior to wrapping.          150
   13. Replace threshold on balcony door leading to back balcony.                   75
   14. Reroof back balcony with product that carries 10 year warranty. Structural
       reinforcement to be time and material.                                     650
   15. Install new aluminum storm door.                                           !50
   16. Install safety railing at rear of house in same style as front balcony. Or replace
       door with window.                                                          1025
   17. Patch roof on north gable end.                                               300
   18. Tuckpoint foundation                                                         750
   19. Tuckpoint chimney.                                                           750
   20. Repair Northeast valley on roof.                                             825
   21. Fence in side yard with 3' white picket fence and gate across drive.         3250

Kitchen
    I. Patch small holes in walls.                                               75
   2. Install2 GFCI's within 6' of sink and add 2 outlets.                      260
   3. Install 6' wide, no wax, Armstrong sheet vinyl (min .. 070") over wood   sub floor.
       Continue through pantry into Yz bath.                                    950
   4. Install new counter, cupboards and sink.                                 3500
    5. Install wallpaper, single rolls 36 sf.                                   440

Pantry
   1. Prep and paint walls and ceiling.                                          15()
3'd floor
    L Prep and paint steps and walls, use stain blocker on wall prior to 2 coats finish
        paint.                                                         200
    2. Prep and paint floor.                                           300
    3. Install new light fixtures and new switches to code.            ()00
    4. Prep and paint window frames and sills.                         1211
    5. Patch plaster near front window.                                 120
    6. Cap or fix to code vent protruding from floor.                    40
    7. Secure railing at top of stairs with wooden braces.              75
    8. Install 4 grounded outlets, rewire all lights.                  240
    9. Install attic access door.                                      95
    10. Replace vent pipe.                                             325

Basement
   1. Install switch plate and duplex covers as needed.                20
   2. Have service panel inspected, investigate buzzing noise.
   3. Repair fallen drywall in laundry.                                75
   4. Patch prep and paint walls in dry walled half of basement.      350
   5. Install new furnace, 90%, existing has cracked heat exchanger per house
       inspection.                                                   3750
   6. Install new humidifier on furnace.                               250
   7. Install liner kit in chimney.                                    300
   8. Install new water heater.                                        450
   9. Install 8 hardwired smoke detectors.                             560
   10. Install new service upgrade 150 amps.                          1500

·rotaI                                                             56.108.00
     Michigan Department of Treasury, STC
     2704 (10102)


     Application for Neighborhood Enterprise Zone Certificate
     Issued under authority of P.A. 147 of 1992, as amended.


     Read this form before completing application. This aoolication must be filed prior to buildlna oermit issuance and start of
     construction. File initially one original and two copies of this fonn. File all additional required attachments (three complete sets)
     when completed with the clerk or the local government unit.

     To be Completed by Clerk of Local Government Unit
                                                                                                            City or Township Name                                                  ILocal Unit Code


     Signature                                                                                              Address of Clerk


     Date Received                                                                                          Application Number            IState Tax Commission Use Only



                                     Applicant, Do Not Write Above This Line. Begin Entries at 1 Below.
      1. Applicant Name

           *l--:'0 ...\"' "'\1           "('(\ 0'5"\ "'"""' ,,~                    E"'o..~>'>              -,.. i2J J'<...,"f._ v.,_ b--.0-cG\\
                                                                  :...k
                                                     Sk=+ ,'{\ ':'-, :.p CI'C"'' J"\ I '--\'i '-1 ~~
      2. Location of Facility (No. and Street, City, State, ZIP)                                                                            3. County                                  I
                                                                                                                                                m"
                                                                                                                                                                                         School Code
          I 17 ~             ~ -t'D
      4. Applicant's Mailing Address (No. and Street, City, State, ZIP)                       J
                                                                                                                                          -sr...~"' ".~
                                                                                                                                            5. Sf()l Distri<:,t     -'

          1z:~        s       CP..\ c.""' '""
     6. Type~~ Approval Required             •...J          {J
                                                                     nl '"".., \'-"-'-'""'"           M\           '-\ "' cj Lj L)                    V..-:'::>~'(. C\ <:>{)
                                                                                                                                            7. How Many Years App'rbval Requested
         0   New Facility
     B. Is Building Owned or Rented
         18J Owned
                                             o
                                         {jJ Rehabilitation
                                                     the Occupant?
                                                     Rented
                                                                                             ,9. Type of Pmperty
                                                                                                  !£}.House      0      Duplex
                                                                                                                                                  11-
                                                                                                                                    D Apartment . Number of Units                           Dcondo
  10. ~~me of Go£ng Body That Established District                                11. Name and Number Assigned to Neighborhood Enterprise Zone                    r2.   Date District Established
      c '+'""~ · - Ill V\'"':>K<- <\="'
  13. Was the Work Completed by
         gJ Licensed Contractor          Dother
                                                        J                         14. Total Project Cost
                                                                                      DActual                      fSa" Estimated
                                                                                                                                                        rs. $
                                                                                                                                                            Investment Cost \Btakdown in #17)
                                                                                                                                                                    o<.-IO
 16. Timetable f7 (Undertaking and Comple~ii ~the Rehabilitation or Construction of the Facility
             o?             c.:..,      ·~           o'\ o.S
                  1

                      0
 17. Describe the General Nature and Extent of the Rehabilitation or New Construction to be Undertaken and Breakdown of Investment Cost (use attachments it necen.ary)

  , "J.,s\"\\ v·~ ,~ -)\ si ~~ "'~~
                                                                                      C....,v<:>1~         C'-.:\-h"-LY..i!. ~
 -
 J
    -\e....-~\c. . . t'-~ o ....\\ V'--J'\ <-...r\c-,......(
         ..,,f>c\c~\<-           ~   0\-.:....ii'\ J"
                                                                         ..-~-~



 18. Rehabilitation Applicants Only: Attach Assessor's Statement (See required attachment number 5 below)                                     18a. Taxable Value of Real Property

         A-\\"o-.c:X-.<--0,_                                                                                                                     $
 19. Who should be contacted                    Nam~

       if more information is                          'JV,':>'S;     CO--         E!~v>.- ~eo"'"' ue-:-'hooi">-.                                -s_n vt6-\«i~D\- Cv'o.
       required to act on this                  Address {No. and StreXI~ty, Slate, ZIP)           U                .J

       application?                                   \\\"'-,         ":<, ()_,       C.,~·           \"{\'""-"0>\::..ec'-or>              M\             "-i~'i'-l            \
                                                Tille                                                                      ,)                         I Telephone Number

                                                     'h•; '"'''; "2-.""-''1 ;           0·{'""\       ['-'\"'-'\\[A C'd>    r                           i2,~\       >   12..7      ~O(s"ol\
                                                                                                                    ,_)
   Required Attachments to Application:
1. Legal description of the real property with parcel code number of the property.
2. Proof of date of commencement of construction, such as building permit or affidavit as to the start of a project by
   the contractor.
3. Certificate of occupancy.
4. Resolution approving the application.
   IN ADDITION TO 1 - 4 SUBMIT 5 and 6 FOR REHABILITATION APPLICATIONS ONLY.
5. Statement by the assessor showing the taxable value of the rehabilitated facility not including the land. for the
   tax year immediately preceding the effective date of the rehabilitation.
6. Certification by the local building official, certifying that the building meets minimum building codes for the local unit. A
   rehabilitation certificate will not be issued until this certification is filed with the State of Michigan.
                                                       Continued on reverse side
 2704 {8·99), Page 2


 APPLICANT'S CERTIFICATION

 The undersigned owner making this application certifies that, to the best of his/her knowledge, no information
 contained herein or in the atlachmenls hereto is false in any way and that all are truly descriptive of the residential
 real property for which this application is being submitted.

 It is further certified that the undersigned is familiar with the provision of P.A. 147 of 1992, being Sections 207.771
 to 207.787, inclusive, of the Michigan Compiled Laws; and to the best of his/her knowledge and belief, he/she has
 complied or will comply with all of the requirements thereof which are necessary to the issuance of a Neighborhood
 Enterprise Zone Certificate.




                                                                                        Date




 0APPROVED FOR 12 YEARS
 Name of local Government Unit                                                         'Date of Action on This Application



 Attached hereto is a copy of the resolution showing the action taken by the above-named local government unit on
 this application.

'Sogn•l"" of Clerl<


                                 INSTRUCTIONS FOR THE LOCAL GOVERNMENT UNIT

The local government unit must act, by resolution, on this application no more than 60 days after receiving it. The
clerk shall forward the exemption application to the State Tax Commission immediately.

If an applicant is a builder/developer of this facility, a certificate will not be issued until a single family
owner/occupant files an application and the additional required attachments.

If you have any questions, please call Mary Goff (517) 373-0675, Debby Abbruzzese (517) 373-3302 or
Dianne 0. Wright at (517) 373-2408.

                                               Michigan Department of Treasury
                                               State Tax Commission
                                               Property Tax Division
                                               P.O. Box 30471
                                               Lansing, Michigan 48909-7971
                Commission Meeting Date: August 9, 2005

Date:                 July 27,2005
To:                   Honorable Mayor & City Commission                       c.$ (}__
From:                 Planning & Economic Development Department
RE:                   Sale of Buildable Vacant Lot at 363 Merrill Ave.


SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 363 Merrill Avenue (Parcel #24-205-389-
0002-00) to Carlos Martinez, 369 Merrill Avenue, Muskegon, MI. The lot is 66 x 132ft. and
is being offered to Carlos Martinez for $1,000 plus the fee to register the deed. Carlos
Martinez will be combining this property with his existing property, which would be
considered unbuildable should his home be destroyed over 50%. His property is 33 x 132 ft.
He would like to fence the property and add a slider with a deck. The True Cash Value
(TCV) for the property listed in the Assessor's office is $10,000, and our price is set at
$7,500 which is 75% of that amount. The City has owned the property since 1992 and there
have been no inquiries for potential construction. The Land Reutilization Committee is
recommending approval of the sale at a lesser price due to the size of Carlos Martinez's
current property, and the True Cash Value of this property seemed a little higher than other
areas for the same size property. The Land Reutilization Committee looked at the values of
other properties in the City, there had been a lot of new construction in the areas of Jackson
Hill and Marquette neighborhoods and the values of the same size piece of property or
larger had a True Cash Value less than the properties in Nelson Neighborhood. Staff also
sent a letter to the other adjacent property owner offering to sell half of the property to them,
no interest was shown.

FINANCIAL IMPACT:
The sale of this lot to the adjacent property owner 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:
The Land Reutilization Committee recommends approval of the sale with the condition that
the property be combined with the owner's original parcel.




7/27/05




9/18/97                                                                         2
                                    Resolution No. 2005-73( d)

                             MUSKEGON CITY COMMISSION


RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 363 MERRILL
AVENUE IN NELSON NEIGHBORHOOD FOR $1,000 as recommended by the Land
Reutilization Committee at their regular meeting of July 26, 2005.

WHEREAS, Carlos Martinez be allowed to purchase the parcel designated as parcel number 24-
205-389-0002-00, located at 363 Merrill Avenue for $1,000; and

WHEREAS, the price for parcel number 24-205-389-0002-00 is set by the City at $7,500, 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
fmther maintenance costs; and

WHEREAS, the sale is not consistent with City policy regarding the disposition of buildable lots,
in that, this property will be combined with the adjacent property located at 369 Merrill A venue
and sold for the price of $1,000.

NOW THEREFORE BE IT RESOLVED, that parcel number 24-205-389-0002-00, located at
363 Merrill Avenue be sold to Carlos Martinez for $1,000.

                CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 2 BLK 389

Adopted this 9th day of August 2005

Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson

Nays: None

Absent: None




                                                                         Gail Kundinger, M
                                                                         City Clerk
                                        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 August 9, 2005.
City owned 363 Merrill Avenue   369 Metrill Avenue
                                 CITY OF MUSKEGON
                           LAND REUTILIZATION COMMITTEE
                                  REGULAR MEETING
                                      MINUTES

                                           July 26, 2005

Chairman M. Amrhein called the meeting to order at 4:02p.m. and roll was taken.

MEMBERS PRESENT:                 M. Amrhein, R. Hill, J. Martin Jr., K. Davis, C. Shepherd

MEMBERS ABSENT:                  J. McClain, R. Allen

STAFF PRESENT:                   H. Mitchell, D. Leafers

OTHERS PRESENT:                  C. Martinez, 369 Merrill

APPROVAL OF MINUTES

A motion to approve the minutes of the regular meeting of June 28, 2005 was made by K. Davis,
supported by R. Hill and unanimously approved.

OLD BUSINESS

363 Merrill Ave. -Request to sell the buildable lot (66 x 132) at 363 Merrill for $1,000. An
offer was made to split this lot between the two adjacent property owners. The City has owned
this property since 1992. Carlos Martinez owns and lives in the adjacent property at 369 Merrill.
He would like to purchase the lot at 363 Merrill and has offered $1,000 for it. His property is 33 x
132 which is considered an unbuildable lot. He would like to purchase the City lot to combine
with his existing home and fence it off so his children will have a safe place to play. He would
also like to put in a sliding door on the side of the home facing the lot. In order to accomplish
this, the building code requires that there be steps for it. He would like to build a deck for the
slider to go out to, but he doesn't have enough property on the side of his home to meet the side
setback requirements. He does have a garage on his property. At this time, he is not looking to
expand his home. Should his home be destroyed over 50%, he would not be able to rebuild on the
lot he has. He would like to remain in the neighborhood. Rhonda Rogers owns the property on
the other side of the City lot, with an address of 1337 6'h St. Staff sent Ms. Rogers a letter
offering to sell her part of the property and informing her that the other adjacent property owner
was interested in purchasing the property. She has shown no interest in any part of the property.
Staff recommends approval of the request to sell the entire lot to Mr. Martinez. It would need to
go before the City Commission for final approval. Any past due water bills or property taxes
would have to be paid prior to the sale being completed. The purchaser would pay for registering
the deed.

A motion to recommend approval to the City Commission of the request to sell the vacant lot at
363 Merrill to Carlos Martinez for $1,000 plus the cost of registering the deed, with the condition
that the property be combined with his existing property, was made by R. Hill, supported by J.
Martin, Jr. and unanimously approved.
                                              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 CARLOS MARTINEZ, a single man, of369 Merrill, Muskegon, Michigan 49441,

the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:

          CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 2 BLOCK 389
          #24-205-389-0002-00
for the sum of One Thousand and no/100 Dollars ($1,000.00)

PROVIDED, HOWEVER, Grantee, or its assigns, shall combine this parcel with the original parcel bearing an
identification number of (24-205-389-0003-l 0). These covenants and conditions shall run with the land.

This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).

Dated this _ _ day of _ _ _ _ _ _ _, 2005.


Signed in the presence of:                                    CITY OF MUSKEG




STATE OF MICHIGAN
COUNTY OF MUSKEGON

      Signed and sworn to before me in Muskegon County, Michigan, on A~ u sf I,- , 2005, by
STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor nd Clerk, respechvely, of the CITY
OF MUSKEGON, a municipal corporation, on behalf of the City.




PREPARED BY: John C. Schrier                          /,nda     S     /?, rfi'L      , Notary Public
Parmenter OToole                                    Acting in the County of   !/Ia; ,6·,, u o   ,
175 W. Apple Avenue/P.O. Box 786                     /Jt1,s ID-4uJ                   Cm:i11ty, Michigan
Muskegon, M149443-0786                              MyComnl:Expires:          r;-.;;;s--OC•
Telephone: 231/722-1621


WHEN RECORDED RETURN TO: Grantee                    SEND SUBSEQUENT TAX BILLS TO: Grantee
         Commission Meeting Date:          August 9, 2005




Date:       August2,2005
To:         Honorable Mayor & City Commission
From:       Community and Neighborhood Services
            Department
RE:        Approval of 2005 - 2006 Subrecipient and
           Community Housing Development Organization
           (CHDO) Agreements


SUMMARY OF REQUEST: To direct the Mayor and City Clerk to sign
all of the 2005-2006 approved agreements for the City's subrecipients
and CHDO's. The City Commission approved the funding for each of
the nonprofits last spring during the City's Consolidated Planning
process.

1. West Michigan Veterans         $5,000
2.HealthCare Project              $5,000
3.American Red Cross              $5,000

Also to have the Community Housing Development Organization
agreements signed by the following agencies.

1.Neighborhood Investment Corporation        $70,000
2.Habitat for Humanity                       $35,000
After the Mayor and Clerk sign the contracts, the CNS office will retain
one copy of our files and a copy will be supplied to the appropriate
nonprofit for their records.
FINANCIAL IMPACT: Funding will be allocated from the 2005-2006
CDBG and HOME programs.
BUDGET ACTION REQUIRED: None. The City Commission made
budgeting allocation decision last Spring.
STAFF RECOMMENDATION: To direct Mayor and Clerk to sign
agreements.
COMMITTEE RECOMMENDATION: None needed.
                      SUBRECIPIENT AGREEMENT I 2005-2006



This SUBRECIPIENT made this 1st day of June, 2005, by and between the City of Muskegon,
Michigan, A Municipal Corporation, (hereinafter "Recipient") and ------=-=--=-----:--:--
whose offices are located at ___________ ., _______, MI (hereinafter
"Subrecipient"),

WITNESSETH:

        WHEREAS, Subrecipient will receive Community Development Block Grant (CDBG)
funds from the Recipient, in the amount of$      , to be used for the following:




      WHEREAS, the parties wish to set forth the conditions on which the funds are to be
made available;

       NOW THEREFORE, in consideration of the covenants herein contained, the parties do
mutually agree as follow:

      I.     GENERAL CONDITIONS

             1.     Services to be delivered are eligible activities as defined in Section
                    570.200 and 570.201 of the CDBG Administrative Regulations (CFR
                    570).

             2.     The Subrecipient certifies that the service is either:

                    a. a new serv1ce or
                    b. a quantifiable increase in the level of a service above the level which
                       has been provided by or in behalf of the applicant from local revenue
                       sources or State funds received by the applicant in the twelve (12)
                       calendar months prior to submission of the proposal, or
                    c. a continuation of a service that would otherwise be decreased due to
                       events beyond the control of the Subrecipient.

             3.     The Subrecipient is incorporated as a non-profit organization in good
                    standing under Michigan Law.

             4.     The Subrecipient warrants that a current copy of its charter (if applicable),
                    Articles of Incorporation and By-Laws are on file with the Department of
                    Community and Neighborhood Services. The Subrecipient shall also keep

                                               1
                       a current list of its board members, its officers and their addresses on file
                       with the Community & Neighborhood Services Department.

               5.      By resolution, the Subrecipient's Board of Directors shall certify to the
                       City a responsible contact person, who shall be considered their
                       representative in all matters relating to this Agreement for communication
                       and administrative purposes.

Until further written notice from the Subrecipient, said contact person shall be:




II.    PERSONNEL

       I.      The Subrecipient shall maintain direct control of all personnel employed by it and
               to provide the necessary training and supervision of its employees in carrying out
               contracted programs. However, implementation of the "project" must meet the
               requirement and approval of Community and Neighborhood Services.

       2.      In all work made possible by or resulting from this agreement, affirmative action
               will be taken to insure that low income persons, particularly minorities and
               women, are given maximum opportunity for training and employment; and that
               minority business concerns located in the area, to the greatest extent feasible, are
               awarded sub-contracts when permitted by this Agreement (Section 3, CDF 135).

       3.      Incorporated by reference are Title VI of the Civil Rights Act of 1964, Executive
               Order 11246 and OMB Circular A-102, Attachment 0 which relates to equal
               opportunity. Copies are available at the Community Development Office.

       4.      The Subrecipient (including its membership body, Board of Directors,
               committees, and paid and other volunteer staff) agrees that it will comply with
               City policies and procedures concerning equal opportunity, affirmative action,
               and non-discrimination in employment practices because of age, religion, race,
               color, national origin, sex, education association, marital status or physical
               limitation.

III.   SCOPE OF SERVICES

       The Subrecipient shall provide the services specified in Attachment "A", Scope of
       Services, in exchange for financial compensation detailed in Attachment "B".


                                                 2
IV.   COMPENSATION AND METHOD OF PAYMENT

      1.   The maximum amount which the Subrecipient may rece1ve pursuant to this
           Agreement is $_ _ _ __

      2.   The Subrecipient warrants that its Board of Directors has approved a budget
           request to provide services detailed in this Agreement (attachment "B"). The
           budget total of $               , shall remain unchanged during the year unless
           amended as permitted in this Agreement. The Subrecipient may not, without City
           Commission approval, make transfer between categories not exceeding 10% of
           the overall budget total, or $2,000.00, or whichever is greater.

      3.   Upon approval of Subrecipient's request for payment, the Subrecipient shall be
           reimbursed for expenses within a maximum of twenty (20 days.)

      4.   To receive payments, the Subrecipient must complete and submit the following:

           a.     Request for Payment
           b.     Detailed Invoice for Actual Expenditures
           c.     Quarterly Performance Reports

      5.   All program income, received by the Subrecipient, (if any) shall be disbursed by
           the Subrecipient prior to request for payments from the Recipient. Program
           income resulting from the project will be handled in accordance with the
           requirements of24 CPR 570.503 applicable to CDBG Recipients.

      6.   If at the end of the term of this Agreement there are unexpended portions of the
           contract amount set forth in this Agreement, the City may recapture said amount
           for reallocation to other purposes.

      7.   If Subrecipient fails to comply with terms specified in this Agreement or refused
           to accept and meet conditions imposed by the Department of Housing and Urban
           Development (HUD), the Recipient may immediately te1minate payments to the
           Subrecipient and recover any funds it has advanced. In the event of the inability
           of Subrecipient to perform or complete the project, or termination of the
           Agreement by the City Commission, Recipient will pay only invoices for work
           performed or satisfactorily completed.

      8.   The Recipient shall not be held liable for expenditures or obligations incurred in
           excess of the authorized total budget, nor shall the City be held liable for
           expenditures or obligations for ineligible cost pursuant to Section 570.200 and
           570.201 of the Housing and Community Development Act.




                                            3
IV.   FINANCING AUDITS AND INSPECTIONS

      1.   The Subrecipient shall document the costs incurred with CDBG funds with the
           support of properly executed payrolls, time records, invoices, contracts, vouchers,
           receipts, or other official documentation that shows in proper detail the nature and
           propliety of charges. All such documents must be clearly identifiable and readily
           assessable during the term of the Agreement to City and HUD officials or their
           authorized representative for audit and examination as often as the City may deem
           necessary. Additionally, the Subrecipient agrees to securely maintain such
           documents for a peliod of three (3) years after termination of this Agreement.

      2.   The Subrecipient is to act within thirty (30) days after the signing of this
           Agreement to establish a procedure for its accounting operation that will not be
           inconsistent with Federal Management Circular A-102, Attachment G, and can be
           certified auditable by the Accountant for the Community and Neighborhood
           Services Department. The auditable procedure shall insure that monies provided
           by the Community Development Block Grant program can be separately traced
           from other funds of the Subrecipient.

      3.   The Recipient shall provide the Subrecipient with a copy of any account
           requirements established by HUD, and the Subrecipient shall thenceforth be
           responsible for compliance with such requirements.

      4.   Program Income earned by the Service Agency during the grant period shall be
           retained by the Subrecipient, and in accordance with OMB Circulars A-102, A-
           110 and A-122 shall be:

           a. Added to funds committed to the project by the City and the Subrecipeint to
              be used to further eligible program objectives as defined in the scope of
              services of this Agreement (see Attachment A).
           b. Deduct from the total project costs for the purposes of determining the net
              costs on which the Federal (CDBG) share of the cost will be based.

      5.   No CDBG funds shall be disbursed under this Agreement by the Subrecipient or
           any others contracted by the Subrecipient unless those contracted are in
           compliance with City and HUD requirements with regard to fiscal matter and civil
           rights to the extent such requirements are applicable. The Subrecipient shall
           provide the Recipient with a copy of such contracts.

      6.   The Subrecipient shall provide proof of Bonding Insurance for all employees who
           handle funds.




                                            4
V.     INSURANCE COVERAGE

       The Subrecipient shall indemnify, defend, and hold the Recipient, its officers, and the
       employees harmless with respect to any damage claim arising out of activities specified
       by this Agreement. This Subrecipient shall maintain for the entire period of this
       Agreement a valid policy of liability insurance naming the City of Muskegon (Recipient)
       as an insured party with limits of not less than $300,000 per occmTence. The
       Subrecipient shall also maintain coverage during the Agreement period for Workers'
       Compensation as required by law. The Subrecipient shall submit proof of insurance and
       amount of coverage to the Community and Neighborhood Services office prior to
       receiving any funds.

VI.    REPORTS, MONITORING AND EVALUATION

       1.     The Subrecipient agrees to cooperate fully with the Community and
              Neighborhood Services office, City and HUD officials, Citizen Committees, or
              any other individuals appointed by City Commission to evaluate and monitor the
              requirements and performance of programs financed with CDBG funds. The
              Subrecipient agrees to provide to the same parties listed information and reports,
              oral or written, as may reasonably be required or requested during the term of this
              Agreement on mattes relating to program activities, performance, or contract
              compliance.

       2.     The Subrecipient agrees to complete and submit to the Community and
              Neighborhood Services Office in a timely manner a Quarterly Performance
              Report.


The report forms are to be provided by the City. The Subrecipient agrees to collect and make
available to the Community and Neighborhood Services Department the following information
on its clients or program participants:

              a. Street (only) address of the client: (inside or outside City);
              b. Month and year of initial services;
              c. Number of services units rendered to each client served under this agreement;
              d. Age and sex of the client or participant;
              e. Whether the client or participant is the head of household;
              f. Whether client or participant is a member of a minority group (which group);
              g. Family income by family size (which will be indicated by checking an income
                 range category);
              h. Whether client or participant head of household is handicapped;

              The information is to be collected on a tabulation sheets provided by the City.
              The form will state that the client/participant information being collected is
              required in order for the Subrecipient to receive Community Development Block

                                               5
              Grant funds from the City of Muskegon. Client infmmation will be submitted
              quarterly with the Performance Reports.

              Alternate systems of collecting data required in this section can be developed in
              consultation with the Community and Neighborhood Services Office. The
              Recipient retains the final right to approve any waiver of, or amendment to, this
              reporting requirement.

VII.   CONTRACT AMENDMENT

       That except as expressly provided elsewhere in this Agreement, any modifications or
       amendments to this Agreement may be made by mutual Agreement of the Subrecipient
       and the City Commission. It is expressly understood that this Agreement is subject to
       HUD Community Development Block Grant funding regulations. Should HUD act to
       make changes in regulations or suspend or terminate funding, such actions shall
       automatically amend this Agreement, if applicable.

VIII. ASSIGNABILTIY

       The Subrecipient shall not assign or transfer any interest in this Agreement without
       consent of the City Commission.

IX.    POLITICAL ACTIVITIES

       None of the funds, materials, property or services provided directly or indirectly under
       this Agreement shall be used for any partisan political activities, or to further the election
       or defeat of any candidate for office.

X.     CONFLICT OF INTEREST

       No employee, officer or agent of the Recipient shall participate in the award or
       administration of this Agreement if a conflict of interest real or apparent, would be
       involved or any type of benefit financially, politically or asset wise. (i.e. obtain housing,
       illegal obtaining of contracts, etc.) See CFR 24.92.356 and CFR 570.611.

XI.    CITY'S RIGHT TO ENFORCE

       1.     The Community and Neighborhood Services Department may unilaterally
              suspend (on a temporary basis) or alter this Agreement, including the amount of
              funds allocated, for failure to comply with the terms and conditions of this
              Agreement or failure to comply with regulations for the U.S. Government, or
              directives of the Muskegon City Commission, some examples of which follow:

              a. Ineffective or improper use of the Community Development Block Grant
                 funds:

                                                 6
              b. Failure to submit complete and correct performance or financial reports;
              c. Failure to provide services called for in the Scope of Services section within
                 the time frame stated: and
              d. If for any reason, the program cannot be completed.

       2.     The City Commission may unilaterally terminate this Contract for failure to
              comply with the terms and conditions of the Agreement, the regulations of the
              U.S. government, or directives of the Muskegon City Commission.

       3.     The Community and Neighborhood Services Department office shall provide
              reasonable notice to the Subrecipient before action is taken to suspend, alter or
              terminate this Agreement. Such notice shall include the reasons for the
              contemplated action and the Subrecipient shall be give a right to protest.

       4.     In the event this Agreement is terminated by the City Commission, the Ownership
              of all documents, equipment and properties acquired by CDBG or Program
              Income funds shall revert to the Recipient with the decision for final disposition
              being left to the City Commission. However, the Subrecipient shall receive just
              compensation for any work satisfactorily completed prior to such termination.

XII.   PURSUIT OF ADDITIONAL RESOURCES

       The Subrecipient shall make bona fide efforts to secure funds and resources from other
       sources.   Further, the Subrecipient shall cooperate with the Community and
       Neighborhood office, as requested, in its efforts to pursue additional or alternative
       funding. The Subrecipient shall report these efforts as part of the required Quarterly
       Performance Report.

XIII. TIME PERFORMANCE AGREEMENT TERM

       All services rendered hereunder shall be completed by May 31, 2005. This Agreement
       automatically terminates at that time unless specifically extended by the City
       Commission. All funds allocated which are unspent or encumbered for services under
       this Agreement shall be repaid to the City within fifteen (15) days of this date.

XIV. OTHER

       1.     That it will comply with all requirements applicable to HUD Block Grant
              Subrecipients set forth in the CDBG Program Requirements contained in 24 Code
              of Federal Regulation Part 570. Such requirements pertain to, but are not limited
              to, compliance with OMB Circular A-102, reports and information, audits and
              inspection, unearned payment, non-discrimination, disposition of real property,
              and miscellaneous grant administration requirements.



                                              7
      2.    That should the Subrecipient utilize any portion of CDBG funds for acquisition of
            property or relocation of individuals, families, or businesses as a result of a
            project involving federal financial assistance from HUD, as defined in regulations
            at 24CFR Part 42.79, all acquisition and/or relocation shall conform to the
            Uniform Relocation Assistance and Real Property Acquisition Policies Act of
            1970 (P.L. 91.646), and the regulations which implement the Act (24 CFR Part
            42).

      3.    That except with respect to the rehabilitation of residential use for less than eight
            families, all contractors engaged under contracts in excess of $2000 for the
            construction prosecution, completion or repair of any building or work financed in
            whole or in part with assistance provided under this agreement, shall comply with
            HUD requirements pertaining to such Contracts and the applicable requirements
            of the regulations of the Department of Labor under 29 CFR Parts 2, 5, and Sa,
            governing the payment of wages and the ratio of apprentices and trainees to
            journeymen; provided, that if wage rates higher than those required under such
            regulations are imposed by State or local law, nothing hereunder is intended to
            relieve the Subrecipient of its obligations, if any, to require payment of the higher
            rates. The Subrecipient shall require to be inserted in full in all such contracts
            subject to such regulations, provisions meeting the requirements of 29 CFR 5.5
            and for such contracts in excess of$10,000, 29n CFR 5a.3.

      4.    The Subrecipient agrees to abide by all other Federal requirements not highlighted
            in this Agreement, but included in the Community Development Block Grant
            regulations at the Community and Neighborhood Services Department, or other
            regulations subsequently supplied to the Subrecipeint.

      5.    That should the Subrecipient funding involve construction work, the Subrecipient
            contractors(s) agree to allow access to the City or its representative for inspection
            purposes.

      6.    Should the Subrecipient acquire any real or personal property with funds provided
            under this Agreement, it will not dispose of such property through sale or
            otherwise without written permission of Recipient. If property is disposed of
            without written permission, the proceeds shall be returned to the Recipient, and
            Subrecipient may be required to reimburse the Recipient for the Federal portion of
            participation in the project, subject to requirements in the Office of Management
            and Budget Circular A-1 02, Attachment N, Property Management Stands.


XV.   CONTRACT CLOSEOUT

      All contracts will be closed out in accordance with the procedures specified in OMB
      Circular A-102, Attachment L, and Pmtions of OMB Circulars A-110 and A-122
      applicable to non-profit organizations.

                                              8
In Witness Whereof, the parties hereto have caused this contract to be executed the day and year
above written.

Signed In the Presence Of:                         CITY OF MUSKEGON, MICHIGAN
                                                   A Municipal Corporation

Witness._ _ _ _ _ _ _ __                           By:_-=:--o----:c-::-:--:----:-.c--
                                                        Stephen J. Warmington, Mayor


Witness- - - - - - - - - - - - -                   By:
                                                         -~~=-~--~~~~~=-~
                                                           Gail Kundinger, MMC City Clerk



                                                   Agency Name


Witness. _ _ _ _ _ _ _ _ _~                        By: _ _ _ _ _ _ _ _ _ _ ___
                                                         It's President


Witness-----------------                           By:_-::-:--:::---------
                                                      It's Secretary




                                               9
                                     ATTACHMENT "A"

                                    SCOPE OF SERVICES


Subrecipient Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


SCOPE OF SERVICES

The Scope of Services section below lists the services to be provided under the tenns of the
Subrecipient Agreement. This description shall establish the basis for the Community and
Neighborhood Services Office assessment of actual program accomplishments.

I.     Location and Hours

       The Service Agency shall provide the contracted services at the following locations(s):




II.    Eligible Clients

       The Subrecipient shall take affirmative action to insure that the primary beneficiaries of
       services rendered under this Agreement are eligible CDBG clients. Eligible clients are
       defined as those persons of household who:

       a. Reside in the City of Muskegon and
       b. Have household incomes less than or equal to 80 percent of the median of the City.




                                               10
                                       ATTACHMENT "A"

                                     SCOPE OF SERVICES


III. Description and Quantity of Services to be provided

Describe and number each service to be provided separately. Include the job title of the person
(s) who will primarily render the service, the time span, which the service will be offered, ifless
than the total contract year, and how the service will be rendered.




Estimated quantity of service to be provided (number of persons to be served).




                                                 11
                                     ATTACHMENT "B"

                                        BUDGET

REVENUES

     CDBGFUNDS                                  $._ _ __

     *Other (Specify Below)

     Program Income

TOTAL REVENUES                                  $_ _ _ _


                                                 Total     Portion to be
                                                Budgeted   Funded by CDBG

EXPENDITURES

Salaries & Fringes                              $          $

Consultant & Contract Services                  $          $

Office Supplies                                 $          $

Telephone                                       $          $

Rent & Related Expenses                         $          $

Equipment                                       $          $

Office Furniture                                $          $

Travel                                          $          $

Specific Assistance to Individuals              $          $

Miscellaneous (Specify)

                                 $
                                 $
                                 $

TOTAL EXPENDITURES                              $          $

*LIST OTHER REVENURE SOURCES:

1.                               $
2.                               $
3.                               $
4.                               $
5.                               $
                                           12
                           CHDO AGREEMENT- 2005 - 2006


This CHDO AGREEMENT, made this 1st day of June, 2005, by and between the City of
Muskegon, Michigan, A Municipal Corporation, (hereinafter "Recipient") ~------
whose office is located at                  , (hereinafter "CHDO")


WITNESSETH:

       WHEREAS, CHDO will receive Community Development Block Grant
(CDBG/HOME) funds from the Recipient, in the amount of $ , to be used for the
following:



      WHEREAS, the parties wish to set forth the conditions on which the funds are to be
made available;

       NOW THEREFORE, in consideration of the covenants herein contained, the parties do
mutually agree as follow:

      I.     GENERAL CONDITIONS

             I.     Services to be delivered are eligible activities as defined in Section 92.205
                    and 92.206 of HOME Administrative Regulations (CFR 92)

             2.     The CHDO certifies that the service is either:

                    a. a new service or
                    b. a quantifiable increase in the level of a service above the level which
                       has been provided by or in behalf of the applicant from local revenue
                       sources or State funds received by the applicant in the twelve (12)
                       calendar months prior to submission ofthe proposal, or
                    c. a continuation of a service that would otherwise be decreased due to
                       events beyond the control of the CHDO.

             3.     The CHDO is incorporated as a non-profit organization in good standing
                    under Michigan Law.

             4.     The CHDO warrants that a current copy of its charter (if applicable),
                    Articles of Incorporation and By-Laws are on file with the department of
                    Community and Neighborhood Services. The CHDO shall also keep a
                    current list of its board members, its officers and their addresses on file
                    with the Community and Neighborhood Services department.

                                                                                               1
               5.     By resolution, the CHDO's Board of Directors shall certifY to the City a
                      responsible contact person, who shall be considered their representative in
                      all matters relating to this Agreement for communication and
                      administrative purposes.

Until further written notice from the CHDO, said contact person shall be:




II.    PERSONNEL

       I.     The CHDO shall maintain direct control of all personnel employed by it and to
              provide the necessary training and supervision of its employees in carrying out
              contracted programs. However, implementation of the "project" must meet the
              requirement and approval of Community and Neighborhood Services.

       2.     In all work made possible by or resulting from this agreement, affirmative action
              will be taken to insure that low income persons, particularly minorities and
              women, are given maximum opportunity for training and employment; and that
              minority business concerns located in the area, to the greatest extent feasible, are
              awarded sub-contracts when permitted by this Agreement (Section 3, CDF 135).

       3.     Incorporated by reference are Title VI of the Civil Rights Act of 1964, Executive
              Order 11246 and OMB Circular A-102, Attachment 0 which relates to equal
              opportunity. Copies are available at the Community Development Office.

       4.     The CHDO (including its membership body, Board of Directors, counnittees, and
              paid and other volunteer staff) agrees that it will comply with City policies and
              procedures concerning equal opportunity, affirmative action, and non-
              discrimination in employment practices because of age, religion, race, color,
              national origin, sex, education association, marital status or physical limitation.


III.   SCOPE OF SERVICES

       The CHDO shall provide the services specified in Attachment "A", Scope of Services, in
       exchange for fmancial compensation detailed in Attachment "B".




                                                                                                2
IV.   COMPENSATION AND METHOD OF PAYMENT

      I.   The maximum amount which the CHDO may receive pursuant to this Agreement
           is$_ _ _ __

      2.   The CHDO warrants that its Board of Directors has approved a budget request to
           provide services detailed in this Agreement (attachment "B"). The budget total of
           $              , shall remain unchanged during the year unless amended as
           permitted in this Agreement. The CHDO may not, without City Commission
           approval, make transfer between categories not exceeding I 0% of the overall
           budget total, or $2,000.00, or whichever is greater.

      3.   Upon approval of CHDO's request for payment, the CHDO shall be reimbursed
           for expenses within a maximum of twenty (20 days.)

      4.   To receive payments, the CHDO must complete and submit the following:

           a.     Request for Payment
           b.     Detailed Invoice for Actual Expenditures
           c.     Quarterly Performance Reports

      5.   All program income, received by the CHDO, (if any) shall be disbursed by the
           CHDO prior to request for payments from the Recipient. Program income
           resulting from the project will be handled in accordance with the requirements of
           24 CFR 570.503 applicable to CDBG Recipients and 24 CFR 92.503 for HOME
           CHDO's. All program income derived from the HOME activities by CHDO must
           be reinvested to the recipient (City) to the HOME Investment Trust Fund.

      6.   If at the end of the term of this Agreement there are unexpended portions of the
           contract amount set forth in this Agreement, the City may recapture said amount
           for reallocation to other purposes.

      7.   If CHDO fails to comply with terms specified in this Agreement or refused to
           accept and meet conditions imposed by the Department of Housing and Urban
           Development (HUD), the Recipient may immediately terminate payments to the
           CHDO and recover any funds it has advanced. In the event of the inability of
           CHDO to perform or complete the project, or termination of the Agreement by the
           City Commission, Recipient will pay only invoices for work performed or
           satisfactorily completed.

      8.   The Recipient shall not be held liable for expenditures or obligations incurred in
           excess of the authorized total budget, nor shall the City be held liable for
           expenditures or obligations for ineligible cost pursuant to Section 570.200 and
           570.201 of the Housing and Community Development Act. And 92.206, 92.207
           and 92.208 of National Affordable Housing Act of 1990.

                                                                                           3
IV.   FINANCING AUDITS AND INSPECTIONS

      I.   The CHDO shall document the costs incurred with CDBGIHOME funds with the
           support of properly executed payrolls, time records, invoices, contracts, vouchers,
           receipts, or other official documentation that shows in proper detail the nature and
           propriety of charges. All such documents must be clearly identifiable and readily
           assessable during the term of the Agreement to City and HUD officials or their
           authorized representative for audit and examination as often as the City may deem
           necessary. Additionally, the CHDO agrees to securely maintain such documents
           for a period of three (3) years after termination of this Agreement.

      2.   The CHDO is to act within thirty (30) days after the signing of this Agreement to
           establish a procedure for its accounting operation that will not be inconsistent
           with Federal Management Circular A-102, Attachment G, and can be certified
           auditable by the Accountant for the Community Development Department. The
           auditable procedure shall insure that monies provided by the Community
           Development Block Grant HOME program can be separately traced from other
           funds of the CHDO.

      3.   The Recipient shall provide the CHDO with a copy of any account requirements
           established by HUD, and the CHDO shall thenceforth be responsible for
           compliance with such requirements.

      4.   Program Income earned by the Service Agency during the grant period shall be
           retained by the CHDO, and in accordance with OMB Circulars A-1 02, A-ll 0 and
           A-122 shall be:

           a. Added to funds committed to the project by the City and the CHDO to be used
              to further eligible program objectives as defmed in the scope of services of
              this Agreement (see Attachment A).
           b. Deduct from the total project costs for the purposes of determining the net
              costs on which the Federal (CDBG I HOME) share of the cost will be based.

      5.   No CDBG I CHDO funds shall be disbursed under this Agreement by the CHDO
           or any others contracted by the CHDO unless those contracted are in compliance
           with City and HUD requirements with regard to fiscal matter and civil rights to
           the extent such requirements are applicable. The CHDO shall provide the
           Recipient with a copy of such contracts.

      6.   The CHDO shall provide proof of Bonding Insurance for all employees who
           handle funds.




                                                                                             4
V.     INSURANCE COVERAGE

       The CHDO shall indemnify, defend, and hold the Recipient, its officers, and the
       employees harmless with respect to any damage claim m·ising out of activities specified
       by this Agreement. This CHDO shall maintain for the entire period of this Agreement a
       valid policy of liability insurance naming the City of Muskegon (Recipient) as an insured
       party with limits of not less than $300,000 per occurrence. The CHDO shall also
       maintain coverage during the Agreement period for Workers' Compensation as required
       by law. The CHDO shall submit proof of insurance and amount of coverage to the
       Community Development office prior to receiving any funds.



VI.   REPORTS, MONITORING AND EVALUATION

       1.     The CHDO agrees to cooperate fully with the Community and Neighborhood
              Services office, City and HUD officials, Citizen Committees, or any other
              individuals appointed by City Commission to evaluate and monitor the
              requirements and performance of programs fmanced with CDBG HOME funds.
              The CHDO agrees to provide to the same parties listed information and reports,
              oral or written, as may reasonably be required or requested during the term of this
              Agreement on mattes relating to progratn activities, performance, or contract
              compliance.

      2.      The CHDO agrees to complete and submit to the Community and Neighborhood
              Services Office in a timely manner a Quarterly Performance Report.

The report forms are to be provided by the City. The CHDO agrees to collect and make
available to the Community and Neighborhood Services Department the following information
on its clients or progratn participants:

              a. Street (only) address of the client: (inside or outside City);
              b. Month and year of initial services;
              c. Number of services units rendered to each client served under this agreement;
              d. Age and sex of the client or participant;
              e. Whether the client or participant is the head of household;
              £ Whether client or patticipant is a member of a minority group (which group);
              g. Family income by family size (which will be indicated by checking an income
                 range category);
              h. Whether client or participant head of household is handicapped;




                                                                                               5
               The information is to be collected on a "Client Card" or tabulation sheets
               provided by the City. The form will state that the client/participant information
               being collected is required in order for the CHDO to receive HOME funds from
               the City of Muskegon. Client information will be submitted quarterly with the
               Performance Reports.

               Alternate systems of collecting data required in this section can be developed in
               consultation with the Community and Neighborhood Services Office. The
               Recipient retains the final right to approve any waiver of, or amendment to, this
               reporting requirement.


VII.   CONTRACT AMENDMENT

       That except as expressly provided elsewhere in this Agreement, any modifications or
       amendments to this Agreement may be made by mutual Agreement of the CHDO and the
       City Commission. It is expressly understood that this Agreement is subject to HUD
       HOME funding regulations. Should HUD act to make changes in regulations or suspend
       or terminate funding, such actions shall automatically amend this Agreement, if
       applicable.


VIII. ASSIGNABILTIY

       The CHDO shall not assign or transfer any interest in this Agreement without consent of
       the City Commission.


IX.    POLITICAL ACTIVITIES

       None of the funds, materials, property or services provided directly or indirectly under
       this Agreement shall be used for any partisan political activities, or to further the election
       or defeat of any candidate for office.


X.     CONFLICT OF INTEREST

       No employee, officer or agent of the Recipient shall participate in the award or
       administration of this Agreement if a conflict of interest real or apparent, would be
       involved, or any type of benefit fmancially, politically or asset wise. (i.e. obtain housing,
       illegal obtaining of contracts, etc.) See CFR24.92.356 and CFR 570.611.




                                                                                                   6
XI.    CITY'S RIGHT TO ENFORCE

       1.     The Community and Neighborhood Services Department may unilaterally
              suspend (on a temporary basis) or alter this Agreement, including the amount of
              funds allocated, for failure to comply with the terms and conditions of this
              Agreement or failure to comply with regulations for the U.S. Government, or
              directives of the Muskegon City Commission, some examples of which follow:

              a. Ineffective or improper use of the HOME funds:
              b. Failure to submit complete and correct performance or fmancial reports;
              c. Failure to provide services called for in the Scope of Services section within
                 the time frame stated: and
              d. If for any reason, the program cannot be completed.

       2.     The City Commission may unilaterally terminate this Contract for failure to
              comply with the terms and conditions of the Agreement, the regulations of the
              U.S. government, or directives of the Muskegon City Commission.

       3.     The Community and Neighborhood Services Department office shall provide
              reasonable notice to the CHDO before action is taken to suspend, alter or
              terminate this Agreement. Such notice shall include the reasons for the
              contemplated action and the CHDO shall be given a right to protest.

       4.     In the event this Agreement is terminated by the City Commission, the Ownership
              of all documents, equipment and properties acquired by HOME or Program
              Income funds shall revert to the Recipient with the decision for fmal disposition
              being left to the City Commission. However, the CHDO shall receive just
              compensation for any work satisfactorily completed prior to such termination.



XII.   PURSUIT OF ADDITIONAL RESOURCES

       The CHDO shall make bona fide efforts to secure funds and resources from other
       sources. Further, the CHDO shall cooperate with the Community and Neighborhood
       office, as requested, in its efforts to pursue additional or alternative funding. The CHDO
       shall report these efforts as part of the required Quarterly Performance Report.


XIII. TIME PERFORMANCE AGREEMENT TERM

       All services rendered hereunder shall be completed by May 31, 2004. This Agreement
       automatically terminates at that time unless specifically extended by the City
       Commission. All funds allocated which are unspent or encumbered for services under
       this Agreement shall be repaid to the City within fifteen (15) days of this date.

                                                                                               7
XIV. OTHER

    1.   That it will comply with all requirements applicable to HUD Block Grant
         Subrecipients set forth in the HOME Program Requirements contained in 24 Code
         of Federal Regulation Part 570. Such requirements pertain to, but are not limited
         to, compliance with OMB Circular A-102, reports and information, audits and
         inspection, unearned payment, non-discrimination, disposition of real property,
         and miscellaneous grant administration requirements.

    2.   That should the CHDO utilize any portion of HOME funds for acquisition of
         property or relocation of individuals, families, or businesses as a result of a
         project involving federal fmancial assistance from HUD, as defmed in regulations
         at 24CFR Patt 42. 79, all acquisition and/or relocation shall conform to the
         Uniform Relocation Assistance and Real Property Acquisition Policies Act of
         1970 (P.L. 91.646), and the regulations which implement the Act (24 CFR Part
         42).

    3.   That except with respect to the rehabilitation of residential use for less than eight
         families, all contractors engaged under contracts in excess of $2000 for the
         construction prosecution, completion or repair of any building or work fmanced in
         whole or in part with assistance provided under this agreement, shall comply with
         HUD requirements pertaining to such Contracts and the applicable requirements
         of the regulations of the Department of Labor under 29 CFR Parts 2, 5, and Sa,
         governing the payment of wages and the ratio of apprentices and trainees to
         journeymen; provided, that if wage rates higher tan those required under such
         regulations are imposed by State or local law, nothing hereunder is intended to
         relieve the CHDO of its obligations, if any, to require payment of the higher rates.
         The CHDO shall require to be inserted in full in all such contracts subject to such
         regulations, provisions meeting the requirements of 29 CFR 5.5 and for such
         contracts in excess of$10,000, 29n CFR 5a.3.

    4.   The CHDO agrees to abide by all other Federal requirements not highlighted in
         this Agreement, but included in the regulations HOME Regulation available at the
         Community and Neighborhood Services Department, or other regulations
         subsequently supplied to the Subrecipeint.

    5.   That should the CHDO funding involve construction work, the CHDO
         contractors( s) agree to allow access to the City or its representative for inspection
         purposes.




                                                                                             8
       6.     Should the CHDO acquire any real or personal property with funds provided
              under this Agreement, it will not dispose of such property through sale or
              otherwise without written permission of Recipient. If property is disposed of
              without written permission, the proceeds shall be returned to the Recipient, and
              CHDO may be required to reimburse the Recipient for the Federal portion of
              participation in the project, subject to requirements in the Office of Management
              and Budget Circular A-1 02, Attachment N, Property Management Stands.


XV.    CONTRACTCLOSEOUT

       All contracts will be closed out in accordance with the procedures specified in OMB
       Circular A-102, Attachment L, and Portions of OMB Circulars A-110 and A-122
       applicable to non-profit organizations.


In Witness Whereof, the parties hereto have caused this contract to be executed the day and year
above written.

Signed In the Presence Of:                         CITY OF MUSKEGON, MICHIGAN
                                                   A Municipal Corporation

Witness
       ------------------                          By:_-::----:=::---:-----::-::----
                                                       Steve Warmington, Mayor


Witness------------------                          By:
                                                         --~~=-~----~~~~----
                                                           Gail Kundinger, City Clerk



                                                   Agency Name


Witness.____________________                       By:._______________________
                                                          It's President


Witness._____________________                      By:_-:-:--=---------
                                                      1t' s Secretary




                                                                                              9
                                     ATTACHMENT "A"

                                    SCOPE OF SERVICES


CHDO'sName _____________________________


SCOPE OF SERVICES

The Scope of Services section below lists the services to be provided under the terms of the
CHDO Agreement. This description shall establish the basis for the Community and
Neighborhood Services Office assessment of actual program accomplishments.

I.     Location and Hours

       The Service Agency shall provide the contracted services at the following locations(s):




II.    Eligible Clients

       The CHDO shall take affirmative action to insure that the primary beneficiaries of
       services rendered under this Agreement are eligible HOME clients. Eligible clients are
       defmed as those persons of household who:

       a. Reside in the City of Muskegon and
       b. Have household incomes less than or equal to 80 percent of the median of the City.




                                                                                                 10
                                      ATTACHMENT "A"

                                     SCOPE OF SERVICES


III. Description and Quantity of Services to be provided

Describe and number each service to be provided separately. Include the job title of the person
(s) who will primarily render the service, the time span, which the service will be offered, if less
than the total contract year, and how the service will be rendered.




Estimated quantity of service to be provided (number of persons to be served).




                                                                                                 11
                                      ATTACHEMENT "B"

                                          BUDGET

REVENUES

HOME FUNDS                                      $_ _ __

     *Other (Specify Below)

     Program Income

TOTAL REVENUES                                  $

                                                 Total        Portion to be
                                                Budgeted    Funded by HOME
EXPENDITURES

Salaries & Fringes                              $                 $

Consultant & Contract Services                  $                 $

Office Supplies                                 $                 $

Telephone                                       $                 $

Rent & Related Expenses                         $                 $

Equipment                                       $                 $

Office Furniture                                $                 $

Travel                                          $                 $

Specific Assistance to Individuals              $                 $

Miscellaneous (Specify)

                                 $_ __
                                 $_ __
                                 $_ _ _

TOTAL EXPENDITURES                              $. _ _ __         $_ _ __

*LIST OTHER REVENURE SOURCES:

I.                               $_ __
2.                               $_ __
3.                               $_ __
4.                               $_ __
5.                               $_ __

                                                                              12
Date:        August 9, 2005
To:          Honorable Mayor and City Commissioners
From:        Bryon L. Mazade, City Manager
RE:          MML- Annual Membership Dues (7/1/05- 6/30/06)


SUMMARY OF REQUEST: To obtain permission from the City Commission, in
accordance with the Purchasing Policies and Procedures, to pay the MML Annual
Membership Dues for July 1, 2005, through June 30, 2006.



FINANCIAL IMPACT:

MML Membership Dues:                  $7,371
Environmental Affairs Assessment:     $ 885
Legal Defense Fund:                   $ 737
       Total Dues:                    $8,993




BUDGET ACTION REQUIRED: None. Cost applied to proper budget line items.



STAFF RECOMMENDATION: Approval.
                                     MICHIGAN MUNICIPAL LEAGUE
                                    MEMBERSHIP RENEWAL INVOICE
MICHIGAN
MUNICIPAL                                        2005-2006
 LEAGUE


CITY OF MUSKEGON                                                                                       ld: 347

Date: July 11, 2005

Membership Period: July 1, 2005- June 30, 2006

                                                        2004-2005              10%                 2005-2006
                                                          Dues                Rebate                 Dues
*    Michigan Municipal League Dues                       $8,190                $819                 $7,371
**   Environment Affairs Assessment                          983                  98                    885
*** Legal Defense Fund                                       819                  82                    737

                                                         $9,992                 $999                 $8,993

          Total due by August 1, 2005
                      $8,993

Please sign, date and return one invoice copy with your payment.

Make checks payable to the Michigan Municipal League and mail to the address below. Thank you.



(Signature)


(Date)

*    For a detailed analysis of your MML dues, go to www.mml.org/pdf/dues05.pdf or call 734-669-6350.
     MML dues include annual subscriptions to the Michigan Municipal Review for your officials at $12.00 per
     subscription, which is 50% of the regular subscription rate.

**   The purpose of the EAA is to fund the Environmental Affairs Service (EAS) and its advocacy for the
     municipal point of view on environmental, public works and infrastructure issues at the state and federal
     level. The EAS Limited one-on-one assistance to MML members concerning environmental protection
     mandates, transportation and public works activities is also available.

*** The Legal Defense Fund is an optional charge. The purpose of the Fund is to provide specialized legal
     assistance to member municipalities in cases that have significant statewide impact. There is a $50
     minimum assessment for all communities.


                                         Michigan Municipal League
                                               P.O. Box 7409
                                         Ann Arbor, Ml48106-7409
                                               800.653.2483
                          July II, 2005                                                                                          ·~·---''-




  MICHIGAN
  MUNICIPAL               Ms. Gail A. Kundinger
   LEAGUE                 Muskegon City Clerk                                                                     City Clerks Otirc,          1
                          933 Terrace St.                                                                                                    _I
                          PO Box 536
President                 Muskegon, MI 49443-0536
Margene Ann ScoU
Councilwom.m
Madison Heights           Dear Ms. Kundinger:
Vice President
Robert B. Jones           As you struggle to balance your general fund budget, one item will be easy to approve - your
Mayor, Ka!anMzoo          membership in the Michigan Municipal League. Better than anyone else, MML knows the
Trustees                  fiscal challenges your community faces every day, and we're working hard to help you find
Alex R. Allie             solutions and preserve existing revenue.
City Matldger
Huntington Woods
                          Our latest measure to assist you is to cut membership dues by 10%.
Vicki Banwtt
M<Iyor
Fanninglon Hills          How can MML do that? Why would we? MML's Board is made up of 18 city and village
Kathleen Bu<:kner         officials you select to represent you. We're all in the same fiscal mess, and we've got to stick
Mayor Pro Tern            together to find a way out. We know that every dollar you can keep in your pocket counts.
Center line
Michrll:'l j. C:zytnbor   Maybe you'll u'se that extra revenue to help save a police officer's job. Maybe you'll use it to
City Adrninistr.ltor
Milan                     patch up your local roads a bit. Maybe you'll use it to send an extra person to the League's
Debordh l. Doyle
                          convention to gather ideas and information to help your community be its best next year
Councilmcmber             (we're cutting the cost of convention registration, too).
Dlll'cliHl

B.ubar.1 Holt             Like every Michigan community, MML is in a new era of doing more with less. Our staff is
Commissione1              streamlining procedures and improving services. We are seeking new funding sources and
Walker
                          ways to provide you with information and resources. We are working harder than ever in
jerry 1rby
Mayor, Marquclte
                          Lansing and Washington to preserve and promote municipal interests.
Kwame M. Kilpatrick
Mayor, Detroit            Michigan Municipal League membership is the best self-preservation investment your
Michael N. Matheny
                          community can make. Take a look at the enclosed summary of services you receive with your
Mayor, Gr.Jnd HI.Jnc      membership. You'll be amazed that we offer so much for such low dues!
florence E. Schrader
rn~asurer, Ubly           For communities to survive, we must stand strong together. Officials in every member
Cl.ua Shephenl            community must step up and participate. Alone, your city/village is just one voice. Together,
Commissioner              we are a choir. We must sing in harmony if we expect our constituents to yell "Encore!"
Muskeeon
john C. Siir<I
                          Sincerely,
City Manager




                          ~.f~f§l•!•J!iil~=tt&tr:-
Wakefield
Gladys A. Solokis
Mdyor, Gc~ylor(l
Willi.1m R. Stewart
City Man'-~get            Executive Director                                                              President, 2004-2005
Coldw<Jtcr
Kurl S. lomion            En c.
City Matldg{'r
Midland
john j. Zech
City Man.1ger
YV.Jytw

L•wcutiH' DirC'ctor
Daniel P. Cilrnartin

                           \(J75   Gn:~t-'ll R.uc~:d, J\11!1   Arbor, tVU   ~IBJO:i   • Phone: 73·HJ62-324() • Fax: 734-(JG2-H08] • www.mml.org
WhV belong to lhe                                                  Manv services are included
Michigan Municipal League;t                                        with vour MML membershiP
"In union there is strength."                                      Your community's membership in the Michigan Municipal
    Aesop's simple words remind us why, in 1899 a handful          League includes access to a vast array of helpful programs
of mayors gathered in Grand Rapids to form an association          and information. Any elected official, staff member or
that would take them forward together. This group would be         appointed official from a member community may call the
a collective voice for the interests of cities and villages        Michigan Municipal League for assistance. They may also
against a powerful legislature and would come to provide           receive their own password for the member section at
information and services for staff and officials in communi-       www.mml.org. For details about League services, please
ties throughout the state. That core mission still guides the      visit us online at www.mml.org, send an email to
Michigan Municipal League today.                                   info@mml.org or call 800-653-2483.
    In its nearly I 07 years, the Michigan Municipal League
has become one of the most important and strongest of its          Advocacy of Municipal Issues
kind in the country. As the state association of cities and vil-   The State and Federal Affairs staff represents the interests of
lages, it is a nonpartisan, nonprofit association working coop-    city and village governments before the federal government,
eratively to strengthen the quality of municipal government        state legislature and regulatory agencies. MML members
and administration.                                                receive legislative information through a number of important
   The League is YOUR professional service association, and        and timely methods:
the staff strives to be responsive to the needs of each mem-
ber. To get the most out of your municipality's membership,        Legislative Link- Nearly I 000 email subscribers receive
your officials and staff must become involved, use the avail-      this communication every Monday morning. This e-newslet-
able benefits and attend League events to network with and         ter is packed with critical legislative updates and other urgent
learn from other officials.                                        information to assist municipalities. Evety municipal official
                                                                   should subscribe!

                                                                   Action Alert Faxes and Em ails- When municipal voices
                                                                   are needed to tip the balance on a key vote, MML staff pro-
   MML membership by population                                    vides cities and villages with critical information to include
   Almost all (5 I 7) of Michigan's 533 cities and villages        in their messages to legislators.
   are voluntary members of the Michigan Municipal
   League. Based on the 2000 Census, most (73%)                    MML Capitol Report- This new feature at www.mml.org,
   Michigan cities and villages have fewer than 5,000              updated daily, provides members with indepth legislative
   residents! 58% are under 2,500.                                 information they can't get anywhere else. The MML is the
                                                                   only statewide local government association with this service.
   Population            Number of                Percent
                        Municipalities
                                                                   Recent legislative Successes
   Over 1 million                 0                    0%            Revenue Sharing/Community Funding: For two consec-
   Over 1 00,000                 8                    1.5%           utive years, in the midst of massive cuts to the state budg-
   50,000-1 00,000              15                    2.8%           et, MML has helped communities hold off additional cuts
   20,000-49,999                30                    5.6%           to critical community funding in the fonn of revenue shar-
   10,000-19,999                40                                   ing. With expert guidance from MML staff, membe~s
                                                      7.5%
                                                                     advocated clearly what these cuts would have meant in
   5,000-9,999                  53                   9.9%
                                                                     tenns of service reductions at the local level, and were
   2,500-4,999                  79                  14.8%            able to keep this funding from facing deep reductions.
   I ,000-2,499                136                  25.5%
   Under 1000                  172                  32.3%            Election Consolidation: The MML worked closely with
                                                                     the legislature and administration on amendments to the
                                                                     various election consolidation changes, thereby preserving
                                                                     local authority for MML members. Through the MML,
                                                                     cities were able to maintain certain election dates and vil-
                                                                     lages were given a special election date in order to main-
                                                                     tain control of their elections.
                         Whatever the season we are here to serve you!

• Sewer Grant Program: MML has been successful in get-            policies and ordinances; charter information; Open Meetings
  ting passed through the House a program that would pro-         Act and Freedom of Information Act.
  vide up to $150 million in grants for pre-construction             Questions that have not already been logged into a data-
  plans for water and sewer projects. This bill should see        base may be answered, in part, by refening to information
  action in the Senate this fall.                                 collected in over 2000 subject vertical files.

•   Local Bridge Program: MML's efforts secured an annual         Publications & Online Help- Many of the League's publi-
    $50 million for local govemment-owned bridges, andre-         cations, including Michigan Municipal Review magazine and
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                          AGENDA ITEM N O . - - - - - - -

                CITY COMMISSION M E E T I N G - - - - - - - - - -


TO:          Honorable Mayor and City Commissioners

FROM:        Bryon L. Mazade, City Manager

DATE:        August 3, 2005

RE:          Construction of Improvements -Great Lakes Naval Memorial and Museum



SUMMARY OF REQUEST:
To approve a request from the Great Lakes Naval Memorial and Museum to construct a
retaining wall and picnic pavilion on the property leased from the City. The lease requires
that any improvements be approved by the City.



FINANCIAL IMPACT:
None.




BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
To approve the request.




COMMITTEE RECOMMENDATION:
None.




pb/0/AGENDA- CONSTRUCT IMPRVMENTS, NAVAL MEM & MUSEIUM 080305
                              Great Lakes Naval Memorial and Museum
                             USS SILVERSIDES        1346 Bluff
                             USCGC MclANE           Muskegon, Ml 49441
                                                    Phone: (231) 755-1230
                                                    Fax: (231) 755-5883



 July 28, 2005



 Dear Mr. Mazade,

 The Great Lakes Naval Memorial and Museum is requesting permission from the city to
 alter their property permanently with a retaining wall and a picnic pavilion.

 The retaining wall would run 48" high around the hill near USCGC McLANE's berth.
 Depending on financing, the wall could be built in sections-totaling about 125 feet long.
 We are also asking permission should, due to unforeseen events, the wall need to exceed
 the 48"

The picnic pavilion is designed by Hughes Builders at 24' by 24' for a total of 13,000
square feet. This would include a cement floor and electrical fixtures for lights. This
also would be located behind the current corporate building near McLANE and be
permanent even through the construction of the new museum. The proper permits are
being applied for.

Both structures would be erected during the United Way's Day of Caring on September
9, 2005.

Bill Plough from the United Way and Mohammed Al-Shatel from the city visited our site
on July 26, 2005. Mr. Al-Shatel verbally approved of our plans at that time pending
permits and drawings.

 Sincerely
                   /
                       .
                 -t.-r.--~.. - -
                                   :/'._/
                                   .. -

, Robert Morin Sr.
  CEO, Board of Directors
  Great Lakes Naval Memorial and Museum
                                                                  RECEIVED
                                                                      JUL 2 9 2005
                                                                       MUSKEGON
                                                                 CITY MANAGER'S OFFICE
                             CITY COMMISSION MEETING
                                Tuesday, August 9, 2005



TO:          Honorable Mayor and City Commissioners

FROM:        Mark Kincaid
             Deputy Director of Public Safety

DATE:        July 21,2005

SUBJECT:     Request to Approve Contract for Demolition


SUMMARY OF REQUEST:

The City owned property located at 373 W. Grand has been declared dangerous,
substandard, and a public nuisance. Bids were solicited for the demolition of said
property. The only bid was received from Press's LLC, 8081 Holten Duck Lake Rd.
Holten MI 49425 for $3600.

FINANCIAL IMPACT:

Funds for this demolition would be available through the Community Development
Block Grant.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATIONS:

Approval
Date:         August 9, 2005
To:          Honorable Mayor and City Commissioners
From:         Engineering
RE:          Construction Contract for the Former Mall Area Project


SUMMARY OF REQUEST:
As a result of staff's negotiations with Milbocker and Sons please consider the following
options (the original bid was $2,538,989.05; with the snowmelt removed it is
$1 ,764,763.95):

1- An additional $15,000 reduction with a completion date for the entire project in 2005.
2- An Additional $28,000 reduction if the project completion was extended to 2006 with
some concrete work being completed in 2005.
3- An additional $43,000 reduction if the project completion date was extended to 2006
with All of the concrete work done in 2006.
4- Reject all bids, re-bid and award project in 2005 with a start & completion dates in 2006.

The first three options include minority participation and a commitment from the president
of the company to volunteer four (4) hours a month for at least six (6) month to train
minority contractors on biddings and other related issues. The third Option calls for a
minority concrete contractor (Martin J Concrete) who would not be available until 2006 but
also has not done much concrete work similar to that called for on this project.

The additional savings referenced above are in addition to savings resulting from
eliminating the snowmelt system. Should you chose any of the first three options, it is
respectfully requested that a contract be awarded to Milbocker and Sons.


FINANCIAL IMPACT:
Depends on the option selected.


BUDGET ACTION REQUIRED:
None at this time

STAFF RECOMMENDATION:
City staff and the DMDC will present a recommendation at the time of the meeting.
          Commission Meeting Date: August 9, 2005




Date:      August 3, 2005
To:        Honorable Mayor & City Commission
From:      Planning & Economic Development Department               cJ!;f_,~
RE:        Michigan Main Street/Community Requirements
           and Expectations Agreement


SUMMARY OF REQUEST: The Michigan Economic Development
Corporation (MEDC) requires that the local community (i.e., City of
Muskegon) enter into an agreement with the local Main Street Board
and MEDC. The Agreement outlines the support to be provided. There
is no financial obligation by the City of Muskegon to support the
program. The commitments relate to cooperation and support. If, for
some reason, the Agreement is not adhered to, the only repercussion is
that the Agreement would be null and void.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: To approve the attached Agreement and
authorize the City Manager to sign.



COMMITIEE RECOMMENDATION: None.
                  Michigan Main Street/
     Community Requirements and Expectations Agreement

THIS AGREEMENT is entered into and executed by the Michigan Economic
Development Corporation, Michigan Main Street Program (the "MEDC"), whose
address is 300 North Washington Square, Lansing, MI 48913, the City or Village of
Muskegon, County of Muskegon, State of Michigan (the "Community") whose address is
933 Terrace, and its local Main Street Program (the "Local Main Street Program") whose
address is 900 Third St, Suite 200, for the purpose of implementing the Michigan Main
Street Program (the "MEDC MMS Program") in the Community.

WHEREAS, the MEDC MMS Program has entered into a contract with the National
Trust for Historic Preservation, National Main Street Center, Washington, D.C. (the
"NTHP NMSC"), to provide technical expertise, training and services to selected
Michigan communities.

WHEREAS, this agreement is for the purpose of setting forth the MEDC MMS Program
requirements and expectations for the Community's Local Main Street Program, pursuant
to its selection as a Michigan Main Street Program Community and pursuant to
contractual arrangements between the NTHP NMSC and the MEDC MMS Program, so
as to assist in the revitalization of the designated Main Street project area of Muskegon,
Michigan;

NOW THEREFORE, in consideration of the foregoing mutual covenants and agreements
contained herein, the parties have agreed to do as follows:

     SECTION I. The Community and its Local Main Street Program agree to:

   1. Employ a full-time (no less than forty (40) hours per week) program director for
       the Local Main Street Program who will be responsible for the day-to-day
       administration of the Main Street program in the Community, and develop an
       employment contract to describe the above administrative duties for which the
       program director is responsible. Compensation and duties for the program
       director shall comply with those guidelines set forth in the Michigan Main Street
       Year End Evaluation: Accreditation Criteria.

   2. Timely submit monthly and annual performance reports to the MEDC that
      document the progress of the Local Main Street Program's activities. Monthly
      reports shall be submitted no later than the 101h of each month and shall be
      substantially in the form of the /Michigan Main Street: Monthly Report. Annual
      performance reports are due no later than August 5 of each year, and shall be
      substantially in the form of the Michigan Main Street: Annual Report.

   3. Implement and continue sufficient private and public fund raising for the Local
      Main Street Program.
4. Use the MEDC MMS Program logo m accordance with and subject to the
   limitations set forth in this Agreement.

5. Have its volunteers and program director regularly participate in MEDC MMS
   Program training sessions as scheduled throughout the year. To remain in
   accreditation and designation compliance, Local Main Street Program
   representatives must attend all four quarterly forum sessions held during each
   calendar year. In addition, new staff will be required to participate in no less than
   one MEDC MMS Program Orientation session. Travel expenses to any required
   sessions are the sole responsibility of the Local Main Street Program. Failure to
   attend all required sessions may result in loss of recognition as a Michigan Main
   Street Program Community.

6. Require its Board, Chair, Committee Chairs and the 4-point approach committee
   volunteers to actively lead, through work plan and volunteer development and
   implementation, the Local Main Street Program. Fully utilize and successfully
   complete all state programmatic activities.

7. Ensure that it has or is seeking to put in place an active and effective design
   management program that maintains and enhances the historic nature of the
   downtown, as required by the exhibits to this Agreement.

8. Maintain a current membership in the National Main Street Center Network.

9. Provide the MEDC with copies of all documents, including but not limited to
   policies, reports, vision and mission statements, work plans, budgets, contracts,
   and training guidelines, or other information or data required by the MEDC to
   assess compliance with this Agreement, its exhibits and/or the MEDC MMS
   Program.

I 0. Remain in compliance with the requirements of this program as outlined in the
     Michigan Main Street Year End Evaluation: Accreditation Criteria, Michigan
     Main Street: Monthly Report, Michigan Main Street: Annual Report, and
     Designation, Accreditation and Grandfathering: Michigan Main Street/National
     Main Street Center Guidelines

11. If the MEDC finds that the Local Main Street Program is not in compliance with
   the requirements of this program, the Local Main Street Program will be notified
   of non-compliance and given a sufficient probationary period, as determined by
   the MEDC in its sole discretion, in which to return to compliance. Continued non-
   compliance may result in termination of this agreement and Joss of recognition for
   the Community as a Michigan Main Street Program Community.

12. Assume full responsibility for all costs and expenses associated with the
    performance of the Local Main Street Program and the performance of its rights
   and responsibilities under this Agreement. The Community and the Local Main
   Street Program further acknowledge that the MEDC is not responsible to the
   Community and the Local Main Street Program for any costs associated with this
   Program or the services provided under this Agreement, including but not limited
   to those costs or expenses incurred as a result of anticipated or actual participation
   in the MEDC MMS Program, the NTHP NMSC Program or pursuant to the
   Community's selection or participation as a Michigan Main Street Program
   Community.

                       SECTION II. The MEDC agrees to:
1. Provide three years of customized program training and technical assistance, to
   each Michigan Main Street community, valued at an estimated
   $166,000/community. Training and technical assistance are anticipated as
   follows, but may be modified by the MEDC, in its sole discretion, to meet
   programmatic needs:

   RAMPING UP PROGRAM: FIRST THREE YEARS
                                                         Value is per community
   YEAR ONE                                                            $VALUE
   Program Orientation (1 day in Lansing)                              $ 300
   Reconnaissance Team (2 days in community)                           $ 3,635
   Hiring Manager Assistance (in community)
   Basics 101 Training (1 day in community                             $ 500
   Manager Training (1 day in Lansing)                                 $ 1,000
   Work Plan Training (2 days in community)                            $ 2,370
   Volunteer Training (1 day in Lansing)                               $ 2,000
   Booth at the Downtown Revitalization conference                     $ 1,200
   Design Services for three buildings/for three years                 $12,000
                    (including workshops in community)
   Design Services signs (one for each building in community)          $ 300
   Historic District submission assistance to Parks Service (in community)
                                                                       $20,000
   Design Template Guidelines and Training (in community)              $ 5,000
   Day to day architectural staff support (in community and Lansing)
   Market Study including orientation (in Lansing and in community) $30,000
   Placement of community entranceway MMS signs
   Resource Team (4 days in community)                                 $18,250
   Listserv opportunities                                              $ 100
   Four quarterly Training and Networking events/year (in communities)
                                                                       $ 1,000
   Year End Evaluation                                                 $ 2,000
   Michigan Main Street signs and Designation                          $ 300
   State efforts to market and advertise the local main streets        $ 1,000
   Day to day technical assistance from the Community Assistance Team (CATeam)
   YEAR TWO                                                            $VALUE
   Community Initiative Development Training (3 days in Lansing) $ 3,000
   Small Business Technical Development Center's                       $13,000
                            Business Resource Center (BRC) location (in community)
   Manager Training (1 day in Lansing)                                 $ 1,000
   Volunteer Training (1 day in Lansing)                               $ 2,000
   Booth at the Downtown Revitalization conference                     $ 1,200
   Design Services for three buildings/for three years                 $12,000
                    (including workshops in community)
   Design Services signs (one for each building in community)          $ 300
   Day to day architectural staff support (in community and Lansing)
   Listserv opportunities                                              $ 100
   Four quarterly Training and Networking events/year (in communities)
                                                                       $ 1,000
   Year End Evaluation                                                 $ 2,000
   Michigan Main Street signs and Designation continues                $ 300
   State efforts to market and advertise the local main streets        $ 1,000
   Day to day technical assistance from the Community Assistance Team (CATeam)

   YEAR THREE                                                        $VALUE
   Manager Training (1 day in Lansing)                               $ 1,000
   Volunteer Training (1 day in Lansing)                             $ 2,000
   Booth at the Downtown Revitalization conference                   $ 1,200
   Design Services for three buildings/for three years               $12,000
                    (including workshops in community)
   Community Initiative Development Training (3 days in Lansing) $ 3,000
   Design Services signs (one for each building in community)        $ 300
   Day to day architectural staff support (in community and Lansing)
   Listserv opportunities                                            $ 100
   Four quarterly Training and Networking events/year (in communities)
                                                                     $ 1,000
   Year End Evaluation                                               $ 2,000
   Michigan Main Street signs and Designation continues              $ 300
   State efforts to market and advertise the local main streets      $ 1,000
   Day to day technical assistance from the Community Assistance Team (CATeam)


2. Continue development of a statewide Main Street coordinating program and
   appropriate budget.

3. Conduct four (4) statewide training sessions annually for program directors and
   local Main Street volunteers based on the combined needs of all Michigan Main
   Street Communities.
4. Conduct an annual assessment and monthly/annual reporting system reviews of
   each Main Street community. Provide constructive feedback and sufficient time
   for local cornnmnities to make appropriate corrections to their program.

5. Provide advice and information to the Local Main Street Program, its staff and
   board. The MEDC may, if requested and subject to schedule and program
   constraints, conduct on-site technical assistance visits by Community Assistance
   Team (CATeam) personnel. Upon request by the Local Main Street Program and
   subject to agency availability, the MEDC may also request the assistance of other
   State or Federal agencies.

6. Provide a booth at the annual Downtown Revitalization Conference, valued over
   $1200/community. The MEDC is not responsible for any insurance coverage for
   the Community and/or Local Main Street Program at this Conference.

7. Provide, if requested and subject to schedule and program constraints, on-site
   design architectural assistance and Historic District development assistance to the
   Community.

8. Provide, subject to the limitations set forth in this Agreement, Michigan Main
   Street logo signs and state and national marketing opportunities.

9. Designate Communities as Michigan Main Street Communities upon acceptance
   of the Local Main Street Program into the MEDC MMS Program. The Michigan
   Main Street Community designation may be elevated to national accreditation
   assessment upon continued compliance with successive annual reviews.

I 0. Accredit, on behalf of NTHP NMSC, all eligible Michigan Main Street
     communities that meet the National Main Street Program Accreditation
     performance standards.

         SECTION III. The PARTIES hereto otherwise agree as follows:

I. TERM OF THE AGREEMENT. The term of this agreement shall be for a
   period of three years, beginning June, 2004 and ending June, 2007. It may be
   extended or revised by a written amendment signed by both parties.

2. CONFIDENTIAL INFORMATION. Except for information provided to the
   MEDC at its request or as part of this Agreement, the Community, the Local Main
   Street Program, and their employees, agents, and representatives shall not
   disclose, other than to the extent allowed by Jaw, any information or data,
   including but not limited to all materials furnished to the Community and/or the
   Local Main Street Program by the MEDC ("Confidential Information") without
   the written consent of the MEDC. Confidential information does not include
   information that is already in the possession of, or is independently developed by,
   the Community and/or Local Main Street Program; becomes publicly available
    be bound by the provisions of this Agreement unless the MEDC otherwise agrees
    in a specific written consent.

8. COMPLIANCE WITH LAWS. The Community and/or Local Main Street
   Program is not, and will not during the term of this Agreement, be in violation of
   any laws, ordinances, regulations, rules, orders, judgments, decrees or other
   requirements imposed by any governmental authority to which it is subject, and
   will not fail to obtain any licenses, permits or other governmental authorizations
   necessary to carry out its duties hereunder.

9 WAIVER. A failure or delay 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 subsequent or further exercise of that right, or the exercise of any
  other right.

10. NOTICES.         Any notice, approval, request, authorization, direction or other
    communication under this Agreement shall be given in writing and shall 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 the same is directed; (iii) one (1)
    business day after deposit with a commercial overnight carrier, with written
    verification of receipt; or (iv) three (3) business days after the mailing date,
    whether or not actually received, if sent by U.S. mail, return receipt requested,
    postage and charges prepaid, or any other means of rapid mail delivery for which
    a receipt is available. The notice address for the Parties shall be the address as set
    forth in this Agreement, with the other relevant notice information, 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 MEDC, the
    Community and the Local Main Street Program may, by notice given hereunder,
    designate any further or different addresses to which subsequent notices shall be
    sent.

11. NON-DISCRIMINATION AND UNFAIR LABOR PRACTICES.                                   In
    connection with this Agreement, the Community and its Local Main Street
    Program shall not discriminate against an employee or applicant for employment
    with respect to hire, tenure, terms, conditions or privileges of employment, or a
    matter directly or indirectly related to employment because of race, color,
    religion, national origin, age, gender, height, weight, marital status or handicap.
    In connection with this Agreement, the Community and its Local Main Street
    Program shall not violate 1980 Public Act 278, as amended, MCL 423.321, et seq,
    by entering into a sub-contract with any individual person, firm or entity who has
    been found in contempt of court by a Federal Court of Appeals on not less than
    three (3) occasions involving different violations during the preceding seven (7)
    years for failure to correct an unfair labor practice as prohibited by Section 8 of
    Chapter 372 of the National Labor Relations Act. Violations of the law after the
   beginning date of this Agreement may result in its termination.

12. SEVERABILITY. The invalidity or unenforceability of a particular provision of
    this Agreement shall not affect the validity or enforceability of any other
    provision of this Agreement, provided that the principal intent of this Agreement
    can be preserved.

13. GOVERNING LAW AND JURISDICTION. This Agreement is made and
    entered into in the State of Michigan and shall in all respects be interpreted,
    enforced and governed under the laws of the State of Michigan. The parties agree
    that any legal actions concerning this Agreement shall be brought in the Ingham
    County Circuit Court in Ingham County, Michigan, USA. The terms of this
    provision shall survive the termination of the cancellation of this agreement.

14. NO EMPLOYMENT, PARTNERSHIP OR AGENCY RELATIONSHIP.
    The MEDC is limited to furnishing its technical services to the Community and
    its Local Main Street Program and thus nothing contained herein shall create any
    employer-employee relationship. Further, this Agreement does not create a
    partnership relationship. In addition, neither the Community, the Local Main
    Street Program nor their employees or other representatives, shall hold themselves
    out to third parties as an agent or representative of MEDC, nor shall they have any
    authority to take any action or enter into any agreement on behalf ofMEDC.

15. NO THIRD PARTY BENEFICIARIES. There are no express or implied third
    patiy beneficiaries to this Agreement.

16. COUNTERPARTS. This Agreement may be executed in one or more
    counterparts and by facsimile, each of which shall constitute an original, and all
    of which together shall constitute one and the same instrument.

17. TERMINATION OR CANCELLATION.

   A.      This Agreement may be terminated by MEDC by providing written notice
           of default and termination to the Community and its Local Main Street
           Program ("Notice of Default and Intent to Terminate") upon the
           occurrence of any of the following events or conditions ("Event of
           Default"):

           (i)   any representation or covenant made by the Community and/or its
                 Local Main Street Program is determined by the MEDC, in its
                 reasonable judgment, to be incorrect at the time that such
                 representation or covenant was made in any material respect,
                 including, but not limited to, the Reports and compliance with laws
                 as required under this Agreement;
     (ii) the Community and/or its Local Main Street Program's failure to
     comply with any of the covenants of this Agreement;

     (iii) use of the program training, technical assistance, and resources
           provided pursuant to this Agreement for purposes other than as set
           forth in this Agreement.

     The Notice of Default and Intent to Terminate shall provide the
     Community and/or its Local Main Street Program 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 MEDC shall provide Final Notice of Termination ("Final Notice"),
     which shall be effective as of the date of the Final Notice.

B.   Notwithstanding the foregoing, the Community and its Local Main Street
     Program acknowledges that MEDC's performance of its obligations under
     this Agreement is dependent upon the MEDC's Executive Board of
     Directors' continued approval of funding and/or the continued receipt of
     state funding.    In the event that the State Legislature, the State
     Government or any State official, public body corporate, commission,
     authority, body or employees, including the MEDC's Executive Board of
     Directors, or the federal government (a) takes any legislative or
     administrative action, which fails to provide, terminates or reduces the
     funding or programmatic support necessary for this Agreement, or (b)
     takes any legislative or administrative action, which is unrelated to the
     source of funding or programmatic support for this Agreement, but which
     affects the MEDC's ability to fund and administer the MEDC MMS
     Program, and other MEDC programs, then the MEDC may cancel this
     Agreement by providing notice to the Community and its Local Main
     Street Program of cancellation. Cancellation may be made effective
     immediately, upon delivery of notice to the Community or its Local Main
     Street Program, or with such other time period as the MEDC, in its sole
     discretion, deems reasonable.

C.   In addition to the above, either party may terminate its obligations under
     this Agreement without cause by giving the other party a 30-calendar day
     written notice of such termination.

D.   In the event that this Agreement is terminated, neither the MEDC nor the
     Community or its Local Main Street Program shall have any further
     obligation to perform under this Agreement. The Community and/or the
     Local Main Street Program shall, unless otherwise directed by the MEDC
     in writing, immediately take all reasonable steps to terminate operations
     under this Agreement.
18. AUTHORITY TO EXECUTE THIS AGREEMENT. The signatories below
    warrant that they are empowered to enter into this Agreement.

19. SEVERABILITY. The invalidity or unenforceability of a particular provision of
    this Agreement shall not affect the validity or enforceability of any other
    provision of this Agreement, provided that the principal intent of this Agreement
    can be preserved.
IN WITNESS WHEREOF, the parties have executed this agreement.




                                                        (Date)


  (! f{    o   I   Jllv.sJ&,raa ,Michigan
  (Ci   or Village)



                                                                 (Date)



    (Local Main Street Program)

MICHIGAN ECONOMIC DEVELOPMENT CORPORATION, a public body
corporate


BY: ______________________
   Robert Trezise, Jr., Main Street Director            (Date)
Date:           August9,2005

To:              Honorable Mayor and City Commissioners

From:            Finance Director

RE:             Amendment to Notice of Intent Resolution



SUMMARY OF REQUEST: Previously the City Commission approved a notice of
intent resolution for up to $7.5 million bonds to be used for a new central fire station and
certain recreation projects. Staff is still refining the size and details of this bond issue,
however, it is clear that one of the main components originally contemplated (second ice
sheet) is not financially feasible. The purpose of this amendment is to add language to the
notice of intent to provide flexibility to allow proceeds from this bond issue to also be used for
water system improvements, in the event this becomes necessary. It appears that final
filtration plan improvement project costs will be higher than originally anticipated. If cash
generated from the new water rates and summer usage will be adequate to cover the
additional filtration plant project costs, it will not be necessary to borrow for this purpose. Any
amounts that are borrowed for water improvements would, of course, be repaid from the
water fund.

FINANCIAL IMPACT:               The immediate cost associated with this action is the cost of re-
publication in the Chronicle.

BUDGET ACTION REQUIRED: None at this time. The cost of the newspaper
publication can be covered within the current budget. Once bonds are sold, debt service will
be budgeted over the life of the bonds (20 years).

STAFF RECOMM EN DATION:                    Approval of the attached resolution.

COMMITIEE RECOMMENDATION:                           There is no committee recommendation for
this item.




                                                                                                  1
Founded in 1852                                                                                      MICHIGAN: Ann Arbor
by Sidney Davy Miller                                                                               Detroit • Grand Rapids
                                           MILLER                                                     Howell • Ka1amazoo
                                                                                                . Lansing • Monroe • Troy

                                           CANFIELD
                                           MILLI!R, CANFIELD, PADDOCK AND STONE, P.LC
                                                                                                            New York, NY
                                                                                                              Pensacola, FL
                                                                                                          Washington, DC
                                                                                                    CANADA: Windsor, ON
JOEL L. PIELL                                   150 West Jefferson, Suite 2500                             POLAND: Gdynia
TEL: (313) 496-7518                               Detroit, Michigan 48226                              Katowice • Warsaw
FAX: (313) 496-8450                                 TEL: (313) 963-6420
E-MAIL: piell@millen:anfield.com
                                                    FAX: (313) 496-7500
                                                  www.millercanfield.com


                                                        July 26, 2005

         Mr. Timothy J. Paul                                                                  Via Email
         Finance Director
         City of Muskegon
         933 Terrace St
         POBox 536
         Muskegon,MI 49443-0536

                   Re:       City of Muskegon

         Dear Tim:

                As per your request, please find herewith attached a form of notice of intent resolution
         substantially identical to the notice of intent previously supplied, except that we have added
         water supply improvements to the purpose section.

                As in the past, I would ask that this resolution be reviewed and, if acceptable, presented
         to the City Commission. I have assumed that the City will want to consider this at its first
         regular meeting in August and have worded the resolution accordingly. If my assumption is
         incorrect please advise, and I will change the resolution.

                  As you will recall a notice, which is found in the body of the resolution must be
         published once in the Muskegon Chronicle as a display ad taking up not less than one-quarter
         (Y,) of the page upon which it appears.

                 Please return to me three (3) certified copies of the resolution, and three (3) affidavits of
         its publication. Thank you.

                                          Very truly yours,

                                          MILLER, CANF




         JLP/ss

         cc:       Mr. Warren M. Creamer, III
         DELffi:2644722.1\063684.()0035
                             NOTICE OF INTENT RESOLUTION
                    GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS

                                           City of Muskegon
                                 County of Muskegon, State of Michigan


            Minutes of a regular meeting of the City Commission of the City of Muskegon, County
     of Muskegon, State of Michigan (the "City") held on the 9th day of August, 2005, at 5:30
     o'clock p.m. Eastern Daylight Savings Time.

            PRESENT:     Members Carter, Davis, Gawron, Larson, Shepherd,

              Spataro, and Warmington

            ABSENT:      Members.__:N.:.::o:::n:::e_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

u          The following preamble and resolution were offered by Member _L_a_r_s_o_n_ _ _ __
~    and supported by Member __G_aw_r_o_n_ _ _ __
~~          WHEREAS, the City intends to issue and sell general obligation capital improvement
~    bonds, pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in an amount not to
~    exceed Seven Million Five Hundred Thousand Dollars ($7,500,000) for the purpose of paying
"    part of the cost of acquiring and constructing certain capital improvement items consisting of a
§    new fire station, improvements to the City's water supply system and recreational improvements
"    together with necessary related appurtenances and attachments (the "Projects"); and
~
            WHEREAS, a notice of intent to issue bonds must be published before the issuance of the
     aforesaid bonds in order to comply with the requirements of Section 517 of Act 34, Public Acts
     of Michigan, 200 I, as amended.

           NOW, THEREFORE, BE IT RESOLVED THAT:

            I.     The City Clerk is hereby authorized and directed to publish a notice of intent to
     issue bonds in The Muskegon Chronicle, a newspaper of general circulation in the City.

            2.    Said notice of intent shall be published as a one-quarter (1/4) page display
     advertisement in substantially the following form:
                                  NOTICE TO ELECTORS
                               OF THE CITY OF MUSKEGON
                    OF INTENT TO ISSUE BONDS SECURED BY THE TAXING
                  POWER OF THE CITY AND RIGHT OF REFERENDUM THEREON



           PLEASE TAKE NOTICE that the City Commission of the City of Muskegon, Muskegon
    County, Michigan, intends to issue and sell general obligation capital improvement bonds,
    pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in an amount not to exceed
    Seven Million Five Hundred Thousand Dollars ($7,500,000) for the purpose of paying the costs
    of acquiring and constructing a new fire station, water supply system improvements, and
    recreational improvements together with necessary and related appurtenances and attachments.

           Said bonds will mature in annual installments not to exceed thirty (30) in number, with
    interest rates to be determined at sale but in no event to exceed seven percent (7%) per annum
    on the unpaid balance from time to time remaining outstanding on said bonds. The bonds may
    be issued in one or more series as shall be determined by the City Commission.
~
~
                               SOURCE OF PAYMENT OF BONDS
~
~          THE PRINCIPAL AND INTEREST OF THE BONDS shall be payable from the general
§   funds of the City lawfully available for such purposes including property taxes levied within
~   applicable charter, statutory and constitutional limitations.

f                                   RIGHT OF REFERENDUM

~         THE BONDS WILL BE ISSUED WITHOUT A VOTE OF THE ELECTORS UNLESS
    A PETITION REQUESTING SUCH A VOTE SIGNED BY NOT LESS THAN 10% OF THE
    REGISTERED ELECTORS OF THE CITY IS FILED WITH THE CITY CLERK WITHIN
    FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE. IF SUCH PETITION
    IS FILED, THE BONDS MAY NOT BE ISSUED WITHOUT AN APPROVING VOTE OF A
    MAJORITY OF THE QUALIFIED ELECTORS OF THE CITY VOTING THEREON.

          THIS NOTICE is given pursuant to the requirements of Section 517, Act 34, Public Acts
    of Michigan, 2001, as amended.

                                           Gail Kundinger
                                           Clerk, City of Muskegon




                                                -2-
             3.     The City Commission does hereby determine that the foregoing form of Notice of
      lntent to Issue Bonds and the manner of publication directed is the method best calculated to
      give notice to the City's taxpayers and electors of this Commission's intent to issue the bonds,
      the purpose of the bonds, the security for the bonds, and the right of referendum relating thereto,
      and the newspaper named for publication is hereby determined to reach the largest number of
      persons to whom the notice is directed.

              4.     All resolutions and parts of resolutions insofar as they conflict with the provisions
      of this resolution be and the same hereby are rescinded.

      AYES:         ~ember      Carter, Davis, Gawron, Larson, Shepherd, · Spataro,

                and Warmington

      NAYS:         ~ember     None
                             ------------------------------------------------------
      RESOLUTION DECLARED ADOPTED.


                                              ~ Q- ~~iu
(.j
_j
0.:
zw
~
0
z
"'                                                     City Clerk

~




                                                     -3-
       I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on August 9J 2005, and that said meeting was conducted and public notice
of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being
Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will
be or have been made available as required by said Act.       , /

                                          L O -~~·
                                                CityClerk                 ~
DELIB:2S63548.2\063684..()()()JS




                                              -4-
                 Commission Meeting Date: August 9, 2005




Date:        .July 28, 2005
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Extension of Contract to Market Seaway Industrial Park


SUMMARY OF REQUEST:

 In 2004 C & A Commercial Real Estate was selected as the company to market
Seaway Industrial Park properties, as well as one property located on Getty Street. A
nine-month real estate agreement was originally signed by the Mayor, with a six-month
extension signed by the City Manager in December 2004. Staff feels that Commission
should review the performance of C & A Commercial Real Estate in order to determine
if there should be another extension of the agreement for a six-month time period.

FINANCIAL IMPACT:

The continued timely sale and development of these properties will bring more jobs to
Muskegon in the near future, thus additional income tax being generated.

BUDGET ACTION REQUIRED:

None.

STAFF RECOMMENDATION:

To approve the attached resolution and authorize the Mayor and Clerk to sign said
resolution.

COMMITTEE RECOMMENDATION:




7/28/2005
                                    Resolution No. 2005-75(d)

                            MUSKEGON CITY COMMISSION

               RESOLUTION APPROVING MARKETING CONTRACT FOR
                          SEAWAY INDUSTRIAL PARK


WHEREAS, the City of Muskegon has completed the development of Seaway Industrial Park;
     and

WHEREAS, the City of Muskegon believes it is important that the property within the park be
    sold in a timely manner; and

WHEREAS, a Request for Proposals (RFP) was solicited from area commercial real estate
     agencies for the purpose of marketing Seaway Industrial Park to a wider area; and

WHEREAS, C & A Commercial Real Estate submitted the proposal that reflects the best
    interests of the City; and

WHEREAS, an extension of the present real estate agreement is in the best interest of the City.

NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission does authorize
     the Mayor to sign on behalf of the City, an extension of the real estate agreement with C
     & A Commercial Realtors for the purpose of marketing industrial property in Seaway
     Industrial Park.

Adopted this 9th day of August 2005.

AYES: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis

NAYS: None

ABSENT: None



                                       BY:




                                        ATrEST:
                                                       Gail A. Kundinger, MMC
                                                       City Clerk



                                       CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular
meeting held on August 9, 2005.                   ~ ~k                            .
                                               Gail Kundinger, MMC
                                               City Ckerk
                                                                             r
To:         Bryon Mazade, Cathy Brubaker-Clark
Cc:         Lona Anguilm
From:       Norm Cunningham Sr. and Dave Wendtland
Subject:    Seaway Industrial Park/Getty Street- Progress Report
Date:       Julv- 25. 2005
                     '




We are providing this second Progress Report as a benchmark for your
review, comment and consideration in extending our relationship and listing
for the next six months.

   1. Attached is a copy of the 12/10/04 Progress Report to avoid restating
      the initial startup activities and explanations of the various venues
      used in the marketing program for these properties. A review of this
      will help to understand the continued message being conveyed to
      prospective buyers and brokers.
   2. Marketing Venues- The Marketing Program continues to provide
      local, state and international venues.
         a. SWMRJC/WMLAR -The &.away .lDts b.avt' been posted (,\tJ the
             Regional MLS since listing. The incentive of 55% commission
             to other Brokers continues to be offered. Real Estate Agents
             have accessed the listings 165 times and the public 10 times.
         b. Loopnet- Loopnet is now accessible to 700,000 members. The
             listings have attracted 424 7 "hits" and 310 emai1s have been
             sent to prospects,
         c. CIMLS- Continuous Posting- reporting of"hits" unavailable.
         d. Dealmaking@property.com- New web site listing.
         e. Cacommercialrealty.com- New web site listing for C&A
             Commercial lists subject properties.
         f. Michigan Site Network- Continuous Listing on site- reporting
             of "bits" unavailable.
         g. Business Direct Weekly/West Michigan Business Review-
             Advertised since May 2004.
         h. Homes Magazine- Advertised since May 2004.
         1. Direct Mail- The enclosed letter was sent to 60 presidents/ceos
             in western Michigan.
   3. Clients/Prospects - We have worked directly with 17 prospects and
      two Brokers which resulted in two sales- the Getty site and one lot in
      Seaway. We are currently working with 7 prospects considered
      "active". We also presented one offer which was rejected.
   4. Muskegon Area First- Packets have been furnished without concrete
      results to date.

We continue to believe that the Marketing Program we have instituted for
Seaway Industrial Park is comprehensive and although producing only two
sales to date, should be continued through extension of the listing agreement
for the next six months. We continue to search for additional web sites to
list our properties as the number of internet initiated searches for real estate
continues to rise and is estimated at between 50-60% today.

Although the direct mailings did not produce a response, we would
anticipate another mailing to 50-60 Michigan companies.

We look forward to discussions of this report and any recommended changes
City Staff believes beneficial to the program.

We can also report that we are experiencing greater activity by buyers and
sellers in the Muskegon Area in the past quarter as compared to the previous
year which translates to better economic conditions and a higher potential
for sales.


Sincerely,


Norman Cunningham Sr.


David L. Wendtland
To:      Bryon Mazade, Cathy Brubaker-Clark
CC:      LonaAnguilm
From: Norm Cunningham Sr. and Dave Wendtland
Subject: Seaway Drive Industrial Park/Getty Street Property- Progress Report
Date:    12110/04

Although we have maintained regular direct personal contact with Lona Anguilm as the
designated City Representative concerning the marketing, potential clients and sale of
lots in the Seaway Industrial Park since the contract was executed, we are providing this
Progress Report as a benchmark for your review, comment and consideration in
extending our relationship.

   1. Listing Agreement- The City and C&A successfully negotiated the terms of the
      Listing Agreement upon approval by the City Commission of the Proposal
      submitted by C&A. The agreement provides for an incentive not usually found
      in Listing Agreements to attract other Brokers - a sharing of any commissions on
      a 55%/45% basis versus 50150 basis.
   2. Listing Packet- A comprehensive Marketing Packet was prepared with
      significant effort by City Staff and C&A to attract potential prospects. The
      Investment Schedule, Sample Development Agreement, Site Plan and Alley
      Utility Easement Vacation provide specific information to prospects before
      negotiations begin. This has resulted in reducing time needed to arrive at
      acceptable purchase agreements and as importantly good faith efforts between
      C&A, City Staff and Prospects.
   3. Marketing Venues- Overall C&A has exceeded the Marketing Program in its
      proposal through expanded use of commercial advertising web sites as well as
      continuous use of standard marketing programs.
         a. SWMRIC- The Seaway Lots have been posted on the Regional MLS
             since listing. This provides for access for all Brokers and contains the
             incentive noted above.
         b. Loopnet- Loopnet Posting is the national network for commercial brokers
             and is accessible to over 600,000 members. To date the lots have attracted
             almost 3000 "hits" and 95 emails have been sent to prospects.
         c. CIMLS -The Seaway Lots have been posted on this site as well.
             Unfortunately, although it is accessible by all brokers and prospects using
             the web, it does not track users.
         d. Homes Magazine- C&A is the only Commercial/Industrial Broker in West
                Michigan utilizing this marketing venue. Over seven thousand are
                distributed monthly in Muskegon, Newaygo, Oceana, and Ottawa
                Counties. Seaway has been prominently displayed since listing.
             e. BDW- Business Direct Weekly covers all 12 counties of West Michigan.
                Ads have been placed monthly for Seaway.
             f. Illinois and Indiana Commercial- Muskegon Seaway Lots/Renaissance
                Zone status has been advertised to 40,000 and 26,000 recipients in Illinois
                and Indiana respectively beginning November.

   4. Clients/Prospects- Due to confidentiality requirements a list of all clients has
      been verbally conveyed to City representatives. It totals thirteen (13) in all of
      which six (6) are no longer active, three (3) are active and four (4) have resulted
      in Sales Agreements of which two (2) have closed and two (2) are pending. More
      detailed information has been discussed with City staff for each Client.
         a. R Walker Construction Company purchased 1537 Getty for the listed price.
             Fastenal Corporation will be moving their business operations to a new
             facility and creating 10-12 jobs in the City.
         b. Shultz Trucking purchased Lot # and has reestablished its business
             operations in Seaway, from Muskegon Heights.
         c. Ginman Tire has a purchase agreement for lot # 1. The offer has been
             extended for financing reasons. As of 12/13/04 it appears this will close in
             January.

As noted above a significant amount of time effort and money has been expended to
market, negotiate and close sales in Seaway Drive Industrial Park and the Getty Street
Lot. We have made significant progress in marketing not only these properties but also
the City of Muskegon. We would anticipate this effort and level of interest of prospects
to increase now that some of the initial "start up" issues have been successfully
accomplished.

We look forward to negotiating an extension to our current listing agreement, a
continuing good working relationship with the City and continuing what we believe is a
successful rewarding track record. Enclosed is the extension agreement for your review.
If you have any questions or need further infommtion, do not hesitate to call.

Sincerely,


Norman Cunningham Sr.


David Wendtland
          Commission Meeting Date: August 9, 2005




Date:      August 2, 2005
To:        Honorable Mayor & City Commission
From:      Planning & Economic Development Department cf.3v
RE:        Directional Signage


SUMMARY OF REQUEST: To approve the location of directional
signage in Muskegon (see attached) and allow the signs to be placed in
City right-of-way, with the conditions outlined in the correspondence
from Cindy Larsen, Chamber of Commerce President.



FINANCIAL IMPACT: The Chamber will be providing the signs with an
additional amount of funding for future maintenance of the signs.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: To approve the locations of the signs
and accept the signs and maintenance funding from the Chamber of
Commerce.



COMMITTEE RECOMMENDATION: None.
17'n~ MUSK£GON
LLLJ Area Chamber of Commerce
              July 25, 2005


              Mayor Steve Warmington
              City of Muskegon
              933 Terrace Street
              Muskegon, MI49440


              Dear Mayor Steve Warmington,

              Congratulations! We are pleased to inform you that (the City of Muskegon) has been sponsored
              to participate in the Muskegon County "Wayfinding" signage system. This beautiful s ignage
              system has been developed to enhance our community by providing welcome messages and
              directional information to area residents and visitors. The signs are unique, colorful and of great
              quality to last approximately 20 years.

              A group of non-profit organizations coordinated by the Muskegon Area Chamber of Commerce is
              implementing the "Wayfinding" signage system. Thanks to the attached lists of organizations,
              signs are being donated to your conununity.

              We ask that you review the follow ing issues before agreeing to participate in the program.

              - A small maintenance fund is being donated to you along with the signs (see attached
              document for amount).
              - The signs will be delivered and installed at locations agreed upon by your municipality and the
              donating organization.
              - The sign will be the property of your municipality and you will be responsible for insurance
              and future maintenance.
              - You will be responsible for relocation of a sign should that be necessary in the unforeseeable
              future.

              We look forward to working with you on this "Wayfinding" signage system. You are welcome to
              add additional signage to your community through this program.
              Please see the enclosed photographs, sign location map, financial supporters I ist, and other
              detailed information.




                         Area Chamber of Commerce




900 Third Sheet Suite 200 P.O. Box 1087 Muskegon, Michigan 49443-1087
Phone (231) 722-3751 FAX (231) 728-7251 Email macc@muskegon.org Website www.muskegon.org
PROPERTY OF VALLEY CITY SION                                        PROPERTY OF VALLEY CITY SICN                                        PROPERTY OF VALLEY CITY SIGN
                                                                                                                                                                                                           NON·ILLUMINA'TED CA~INET
                                                                                                                                                                                                           • 5erie5 7 Bleea 17ot:ly #1570 wlbleea raarner.OBO
                                                                                                                  74.00 in. - - - -- ---------1                                                            aluminum face to 17e paintea onr:(1) green color and
                                                                                                                                                                                                           have (4) four colore; of e;urfacc: applied vinyl.
                                                                                                                                                                                                           • 0'' e;r:t reveal to 17e painted one green color

                                                                                                                                                                                                           POST:
                                                                                                                                                                                                           • Four Rac:.liue; P051:5 to be painted one(1) green color.
                                                                                                                                                                                                           Two po5t5 to go on the out51de and two to eo on the
                                                                                                                                                                                                           in5ide underneath the 5~n to create a round post .




                                                                                                                                                                                                    y--"


                                                                                                                                                                                             ~.00    in.


     86.50fn.                                                                                                                                                                               f


                                                                                                                                                                                            \
                                                                                                                                                                                                                                                 I
                                                                                                                                                                                                                                            ('




                                                                                                                                                                                                                     ~                  J
                                                                                                                                                                                                                   IL                   I
                                                                                                                                                                                                                   I I
                                                                                                                                                        2B.OO in.


                                                                                                                                                                                                                           I
                                                                                                                                                                                                                              \
                                                                                                                                                                                                                           I




                                                                                                                                                                                 DRAWING #129.660A                                                     IIIII
                                                                                                                                                                                 SCALE: 3/4"=:1"      ~0-
                                                                                                                                                                                                   FOOTACE OF SICN:                                    ~"~~~
                                                     Customer Signature:                                                                                                         Number of Slgns.2                                                   VALLEY OTY
                                                                                                                                                                                                                                                      SIGN
These designs, detalls and plans representEd herein are the property of Valley City Sign, spedflca!ty developed fer your personal use In connection with tne project belng
planned for vou by valley CltV Sign. It Is not to be sh0111n txl anyone outside of your organiZation. nor are they txl be used. reproduced, exhibited or copied in any fashion
whatsoever. All or any part of this delsgn !excepting reg!stsred trademarks) remains tile property of Valley City Slgn.
                                                                                                                                                                                 PROJECT:
                                                                                                                                                                                 o.r.t<·
                                                                                                                                                                                 •cu.;.,
                                                                                                                                                                                            cttvofM\nkeaon
                                                                                                                                                                                            4A.D4
                                                                                                                                                                                            15
                                                                                                                                                                                                                      cEslcNER:
                                                                                                                                                                                                                      REv.SlONS·
                                                                                                                                                                                                                      SALB'    ·   ..
                                                                                                                                                                                                                                   RW
PROPERTY OF VALLEY CITY SIGN                                  PROPERTY OF VALLEY CITY SIGN                                       PROPERTY OF VALLEY CITY SIGN                                       PROPERTY OF VALLEY CITY SIGN



                                                                                                                     32.00 in.

                                                                                                                     24.00 in.




                                                                                                                                                                      lOP PANEL
                                                                                  4.00 in.
                                                                                                                                                                      • .125 Routed aluminum Bhape, to be painted (1) one
                                                                       0.50 in.                                                                                       color and have (2) two color!? of vinyl Burface applied.
                                                                                                                                                                      Routed Bhape to be attached to top of poBt.
                                                                                                                                                                      • Each diBtrict will have a different top panel.

                                                                                                                                                                      PANELS:
                                                                                   2.75 in.                                                                           • .100 aluminum panel!? to be painted (1) one color
                                                                                                                                                                      and have Burface applied vinyl for type and arrow.
                                                                                                                                                                      Panel!? to be mounted to poB%.

                                                                                                                                                                      POST:
                                                                                                                                                                      •One 4" diameter poBt to be painted MAP Black.
                                                                                                                                                                      • lnBtallation to be determined.




                             ..
                             ;;.,.....   II   ts:::::oo,
                                                                                                                                                 120" clearance




    Two (2) of t he routed panel!? will have two (2) vinyl color!?
    one (1) will have three (3).


                                         l l l::l
                                         ~L:::J
                                                                                                                                                                                                                                  ~I
                                                                                                                                                                             DRAWING #129,655
                                                                                                                                                                             SCALE: 3/4"=1 " SQ. FOOTAGE OF SIGN:
    Customer Signature                                                                                                                                                       Number of signs: 24

                                                                                                                                                                             ------,------------,,.,..,.----VALLEY CIT
  T his drawing is c;jefined as PROPRIETARY INFORMATION. all inf ormation , written or graphical that
  a business relattonship and s hould not be disclosed, copied, revealed to anv other parties.
                                                                                                        as provided to the client by Valley City Sign is used to establish
  The se designs. details and plans represented herein are the propertY of Valley City Sign : s p_ecifically develop_ed for your personal use i n connection with
                                                                                                                                                                             PROJECT:
                                                                                                                                                                             DATE:
                                                                                                                                                                                        cttv Of Muskegon
                                                                                                                                                                                        5.4.04
                                                                                                                                                                                                            DESIGNER:
                                                                                                                                                                                                            REVISIONS:
                                                                                                                                                                                                                         RW      SJ G N
  the project b e1ng planned for you by Valley CitY Sign . I t is not to be Shown to anyon e outs •d e oF vour organrzatlon. nor are t hey to be used. reproduced.
  exhibited orcop1ed in any fashion whatsoever . A ll or any part of this design <excepting registered trademarks> remains the property of Valley City Sig n .               HOURS:     2.5                 SALES:       38
Downtown- Gateway - Shoreline and Webster




                   snortltnt
                      O•
               .   Oownto • n
          '+             •




Downtown - Directional - 3rd and Shoreline
Lakeside Signs




                 Lakeside - Directional - Laketon
                 and McCracken
Lakeside - Directional - Lakeshore across fi·om Wasserman's




               Lakeside - Directional- Lakeshore at Ferry Exit
Lakeside - Directional - Lakeshore and McCracken




  Lakeside - Directional - Lakeshore and Denmark
   Beach Signs




Beach - Directional -Sherman and Beach
Beach - Directional - Lakeshore and Edgewater

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