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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 23, 2004
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS: Police Citizen Award
□ INTRODUCTIONS/PRESENTATION:
□ CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Agreement - State of Michigan - Surplus Military Equipment. PUBLIC
SAFETY
C. Renewal of Contract - Pagers - Verizon Wireless. PUBLIC SAFETY
D. Consideration of Bids - Forest Lift Station (S-593}. ENGINEERING
E. Stay Active Muskegon (S.A.M.}. PLANNING & ECONOMIC
DEVELOPMENT/LEISURE SERVICES
F. Additional Taxicab License. CITY CLERK
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ CITY MANAGER'S REPORT:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Agreement Between Nutritional Services for Older Americans, Inc.
(NSOA} and the City for the Use of Smith Ryerson and McGraft Park
Community Buildings. ASSISTANT CITY MANAGER
B. lnterfund Transfer for Arena Improvements. FINANCE
C. Lease with the Great Lakes Naval Memorial and Museum. CITY
MANAGER
D. Approval of Contractor for Construction of Three Homes Under Walton
Street Renaissance AKA Hilltop View. COMMUNITY AND
NEIGHBORHOOD SERVICES
E. Former Lakos Property. COMMISSIONER DAVIS
□ ANY OTHER BUSINESS:
A. '05-'06 Goal Setting Session. MAYOR WARMINGTON
□ PUBLIC PARTICIPATION:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submil !he form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► limit of 3 minutes to address the Commission.
► {Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.}
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD'. (231)
724-4172.
Date: November 23, 2004
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 Comrrunity
Relations Committee that was held on Monday, November 1, 2004; and
the Regular Commission Meeting that was held on Tuesday, November
9, 2004.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 23, 2004
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, November
23, 2004.
Mayor Warmington opened the meeting with a prayer from Pastor Sarah
Johnson of the Word of Truth Outreach 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
Clara Shepherd, Lawrence Spataro, Chris Carter, Kevin Davis, and Stephen
Gawron, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Gail Kundinger.
Absent: None
2004-100 HONORS AND AWARDS:
A. Police Citizen Award. PUBLIC SAFETY
Mark DeWitt was presented an award by Tony Kleibecker.
2004-101 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Community Relations
Committee that was held on Monday, November 1, 2004; and the Regular
Commission Meeting that was held on Tuesday, November 9, 2004.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Agreement • State of Michigan - Surplus Military Equipment. PUBLIC
SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests the Commission's
authorization to enter into an agreement with the State of Michigan (Michigan
National Guard) which would allow for the Police Department to apply for
excess military surplus equipment. Such action is provided for by the 1996-1997
National Defense Authorization Act. This agreement would provide the
Department with the opportunity to procure equipment as needed at no cost to
the City. The City Attorney has reviewed the agreement and states that it is
legally acceptable.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
C. Renewal of Contract - Pagers - Verizon Wireless. PUBLIC SAFETY
SUMMARY OF REQUEST: Public Safety Division staff request that the Commission
consider our request to renew our contract for paging service with Verizon
Wireless. Verizon currently provides paging service for fire and public works on-
call personnel. The service is used to disseminate emergency messages and for
staff call-back for emergencies.
Staff sought estimates from the two, viable paging services in our area: Verizon
and SBC. SBC failed to submit an estimate. Verizon has agreed to reduce our
per unit monthly rate from $6.25 per month per unit to $5.95 per unit. The
agreement calls for Verizon to provide 71 pagers.
FINANCIAL IMPACT: This cost is provided for in the 2004 and 2005 budgets.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
D. Consideration of Bids - Forest Lift Station {S-593). ENGINEERING
SUMMARY OF REQUEST: The contract to refurbish the Forest Ave. lift station (new
pumps and accessories) be awarded to Jackson Merkey Contractors of
Muskegon since they were the lowest responsible bidder, with a bid price of
$89,240.
FINANCIAL IMPACT: The construction cost of $89,240 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Jackson Merkey.
E. Stay Active Muskegon (S.A.M.l. PLANNING & ECONOMIC
DEVELOPMENT/LEISURE SERVICES
SUMMARY OF REQUEST: Stay Active Muskegon has been meeting as a
committee for over a year. Both the Leisure Services and Planning Departments
have been involved with their activities. All municipalities in the County of
Muskegon are being asked to pledge their support to this important venture.
S.A.M. has also begun approaching major industries in the County, requesting
the same type of support. The City Commission is asked to approve the
resolution.
FINANCIAL IMPACT: None.
BUDGET ACTION RQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign.
F. Additional Taxicab License. CITY CLERK
SUMMARY OF REQUEST: Thomas Wakefield's current license is for 11 taxicabs,
and he is requesting approval of an additional taxicab.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve this request.
Motion by Commissioner Gawron, second by Commissioner Shepherd to
approve the Consent Agenda.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
2004-102 NEW BUSINESS:
A. Agreement Between Nutritional Services for Older Americans, Inc.
(NSOA) and the City for the Use of Smith Ryerson and McGraft Park
Community Buildings. ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: Staff recommends that the Mayor signs a one-year
agreement with Nutritional Services for Older American, Inc. for the use of the
Community Buildings at Smith Ryerson and McGraft Park. The agreement calls
for the City to provide NSOA with the amount of $8,317 for support staff time to
offer recreation and wellness services for seniors at McGraft park. NSOA will in
turn pay the monthly fee of $1 00 and $200 respectively for the use of each
facility.
Please note that over the years these agreements have been two-year
agreements. However, giving our current review of the department's facilities
and operations to better determine future directions, a one-year agreement is
recommended at this time.
FINANCIAL IMPACT: McGraft Park: $8,317.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommend approval.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
agreements for the use of Smith Ryerson and McGraft Park Community Buildings.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
B. lnterfund Transfer for Arena Improvements. FINANCE
SUMMARY OF REQUEST: Previously the City Commission authorized energy-
related improvement projects at the LC Walker Arena. This work is now
complete and the final project cost is $254,000. At the time the project was
approved, it was determined that due to the relatively small size, it was not
worth incurring issuance costs associated with borrowing from outside sources.
Accordingly, staff recommends that $254,000 be transferred from the City's
General Insurance Fund to the LC Walker Arena fund to cover project costs. The
funds will be repaid over a 10-year period with interest (2.0%).
FINANCIAL IMPACT: Monthly payments in the amount of $2,337.14 will be made
from the LC Walker Fund to the General Insurance fund commencing
December 1, 2004. Energy savings resulting from the improvements are
anticipated to largely fund this cost.
BUDGET ACTION REQUIRED: The repayment is included in the 2005 budget and
will need to be included in future year's budgets as well.
STAFF RECOMMENDATION: Approval of interfund transfer.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
interfund transfer.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
C. Lease with the Great Lakes Naval Memorial and Museum. CITY
MANAGER
SUMMARY OF REQUEST: To approve a lease with the Great Lakes Naval
Memorial and Museum for property located at the Muskegon Channel. The
lease is for 30 years to develop a museum and the display of the U.S.S. Silversides
and museum artifacts.
FINANCIAL IMPACT: Rent is $15,000 + per year once the museum is built.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the lease.
Motion by Vice Mayor Larson, second by Commissioner Davis to approve the
lease with Great Lakes Naval Memorial and Museum.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
D. Approval of Contractor for Construction of Three Homes Under Walton
Street Renaissance AKA Hilltop View. COMMUNITY AND
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Rich Construction, P.O.
Box 125, Fremont, Michigan, who submitted the lowest bid for the first phase of
construction for three homes on Walton Street for the aggregate price $352,214.
The name of the project is Walton Street Renaissance AKA Hilltop View. The CNS
Department received four other bids:
Bantam Group $365,110
962 Stonewood
Spring Lake, Ml
Paul Witek Builders $367,320
766 Snaedle Drive
Whitehall, Ml
TopNotch Design $386,250
4740 Jensen
Fruitport, Ml
Wasco/Briggs Enterprise $481,662
525 Dangl Road
Muskegon, Ml
This project is a joint venture between the City of Muskegon Community and
Neighborhood Services, Neighborhood Investment Corporation and Fifth Third
Bank.
FINANCIAL IMPACT: The funding for the project will be taken from the City's 2003
HOME funds, Neighborhood Investment funds and funds allocated by Fifth Third
Bank. The City of Muskegon contribution will be $285,000.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the contract with the fore-mentioned
contractor and direct the Mayor and Clerk to sign the contract.
Motion by Commissioner Shepherd, second by Commissioner Spataro to
approve the contract with Rich Construction.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
E. Purchase of 1983 Hoyt. COMMUNITY AND NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the purchase of 1983 Hoyt from the U.S.
Dept. of HUD for $1.00 through its Good Neighbor program. In which, a
municipality can purchase a home for one dollar, if a property is on the market
for more than six months. After 1983 Hoyt is obtained, the City will totally
rehabilitate the structure and sell it to a qualified family continuing the City's
aggressive neighborhood revitalization efforts.
FINANCIAL IMPACT: The dollar will come from CNS program income fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request to purchase the home for
one dollar.
Motion by Commissioner Gawron, second by Commissioner Carter to approve
the purchase of 1983 Hoyt for $1.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
F. Approval of Certificate of Recognition for Muskegon High School Big
Reds Football Team. CITY CLERK
Motion by Commissioner Shepherd, second by Vice Mayor Larson to approve
the resolution.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
G. Approval of Certificate of Recognition for the Orchard View Cardinals
Football Team. CITY CLERK
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the resolution.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
H. Former Lakos Property. COMMISSIONER DAVIS
Motion by Commissioner Spataro, second by Vice Mayor Larson to suspend
action on previous action taken and refer matter to staff with report within 120
days on a plan to build on property.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
2004-103 ANY OTHER BUSINESS:
A. '05-'06 Goal Setting Session. MAYOR WARMINGTON
Item will be placed on the next Worksession Agenda.
2004-104 PUBLIC PARTICIPATION:
Motion by Commissioner Davis, second by Vice Mayor Larson to amend normal
procedure reference demolition of 527 W. Webster and waive the $5,000 fee.
ROLL VOTE: Ayes: Davis, Larson, and Warmington
Nays: Carter, Gawron, Shepherd, and Spataro
MOTION FAILS
The City Commission Meeting adjourned at 6:50 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
CITY COMMISSION MEETING
Tuesday November 23, 2004
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker
Director of Public Safety
DATE: November 3, 2004
SUBJECT: Agreement-State of Michigan-Surplus Military Equipment
SUMMARY OF REQUEST:
The Director of Public Safety requests the Commission's authorization to enter into an
agreement with the State of Michigan (Michigan National Guard) which would allow for
the police department to apply for excess military surplus equipment. Such action is
provided for by the 1996-1997 National Defense Authorization Act. This agreement
would provide the department with the opportunity to procure equipment as needed at no
cost to the city.
The City Attorney has reviewed the agreement and states that it is legally acceptable.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATIONS:
Approval of this request.
PARMENTER O'TOOLE
Alfomeys at Law
175 West Apple Avenue ■ P.O. Box 786 ■ Muskegon, Michigan 49443-0786
Phone 231 .722.1621 ■ Fax 231 .722.7866 or 231.728.2206
www.Parmentertaw.com
October 22, 2004
Tony Kleibecker
Muskegon Police Depa1tment
Director of Public Safety
933 Te1rnce Street
Muskegon, MI49442
Re: Surplus Military Equipment
Dear Director Kleibecker:
The Memorandum of Agreement between the State of Michigan and the Muskegon Police
Deprutment is legally acceptable. With this letter, I am returning the original provided to me.
Please have the city commission authorize your signing the contract on behalf of the City and the
Muskegon Police Depaitment.
If you have any questions or concerns, please feel free to contact me.
Very truly yours,
John C. Schrier
Direct: 231.722.5401
Fax: 231.728.2206
E-Mail Address: jcs@parmenterlaw.com
Enclosure
G:IEDSIIFILES\0010011935\l TRIBT6848.DOC
MI-LESO
(1033 MOA)
MEMORANDUM OF AGREEMENT
BETWEEN
THE STATE OF MICIDGAN
AND
Muskegon Police Department
Official Agency Name
l. WHEREAS, the United States government through Section 103 3 of the Fiscal Year
1996-1997 Natioml Defense Authorization Act is authorized to transfer excess
government property to local law enforcement agencies; and,
2. WHEREAS, the Governor of the State of Michigan has designated MSG Richard A.
Wood, of the Counter Drug Division, Michigan National Guard, as her representative
for transferring excess federal property to local law enforcement agencies (LEAs);
3. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
a. The Governor of the State of Michigan, through her designated representative,
Richard A. Wood, and the Muskegon Police Department
Official Agency Name
being a sworn law enforcement agency in the State of Michigan, agree to the
following with regard to the transfer of excess DoD property under Section 1033
of the Fiscal Year 1996-1997 National Defense Authorization Act:
(l) The signature of the governor or her representative on behalf of the
State of Michigan on any DD Form 1348-1 shall be construed to
transfer clear title to excess DoD property indicated on said document
from the United States Department of Defense to the State of
Michigan, unless otherwise indicated in final transfer documentation
(i.e. items which require return to DoD for demilitarization).
(2) The signature of the law enforcement agency within the State of
Michigan on any DD Form 1348-1 shall be construed to transfer title
of excess DoD property indicated on said document from the State of
Michigan to the signatory local law enforcement agency, utiless
otherwise indicated in final transfer documentation (i.e. items which
require return to DoD for demilitarization).
(3) The law enforcement agency agrees to remove the property within
fifteen calendar days from the date of viewing and tagging the
property. Failure to remove the property in the prescribed time will
result in the property being made available to other law enforcement
agencies on a first come first serve basis.
MI-LESO
(1033 MOA)
(4) The State of Michigan shall at no time, and under no circumstances,
be physically, financially or legally responsible or accountable for the
storage, use, repair, maintenance or insurance of excess DoD property
transferred to a law enforcement agency from the United States
Department of Defense on a DD Fonn 1348-1. Transportation costs
of moving property from remote locations to Michigan are the
responsibility of the law enforcement agency. The law enforcement
agency agrees to maintain, at no costs to the United States
Government, adequate liability and property damage insurance
coverage and workman's compensation insurance to cover any claims.
(5) The Governor of the State of Michigan, on behalf of the State of
Michigan, accepts title to excess DoD property for the sole purpose of
compliance with section l 033 of the National Defense Authorization
Act. The transfer of said property from the United States Department
of Defense to local civilian law enforcement agencies within the State
of Michigan is for the sole purpose of assisting in the enforcement of
Michigan's laws.
b. FURTHERMORE;
(1) It shall be the responsibility of the receiving law enforcement agency
to provide to the undersigned the name of an individual who will be
responsible for accounting for all requested equipment, and for
registering acquired weapons with the Bureau of Alcohol Tobacco and
Firearms (BA1F) immediately upon receipt of weapons. A copy of
the completed BATF Fonn 10 will be provided to the undersigned by
the receiving law enforcement agency.
(2) The receiving agency agrees to remove all military markings from
issued military vehicles prior to registering with the Secretary of State.
(3) The receiving agency agrees to maintain accountability and disposal
of property in accordance with the policies of your governing agency.
(4) Property obtained under this MOA must be placed into use within one
year of receipt and utilized for a minimum of one year, unless the
condition of the property renders it unusable. Records will be
maintained for a period of three years from date of receipt.
(5) The receiving agency agrees to limit the number of authorized viewers
of equipment to four (4) individuals. Only two (2) will be allowed to
screen at any one time.
2
MI-LESO
(1033 MOA)
(6) Property may not be obtained for the purpose of sale, lease, rent,
exchange, barter, to secure a loan or to otherwise supplement nonnal
operating budgets. All requests for property must be based on bona
fide law enforcement requirements.
(7) The receiving agency agrees to return those items identified as
such on transfer documentation (items are transferred with the
intention oflong term use by recipient agencies).
(8) The receiving agency assures that all environmental regulated property
is disposed of in accordance with applicable federal, state, and local
environmental laws and regulations.
4. Either party may terminate this memorandum of agreement at any time by giving
written notice to the other party.
Richard A. Wood, on behalf of the ( S i ~e of Senior Police Official)
Governor, State of Michigan Sheriff/ Chief of Police / MSP Post
Commander I Director
Anthony L. Kleibecker
Director of Public Safety
Dated: _ _ _ _ _ _ _ _ __
(Type Name & Title)
Dated: 11-,L f'-o Y
3
LAW ENFORCEMENT SUPPORT OFFICE
BUILDING #II 7
CAMP ORAYLING, Ml 49739-0001
PHONE: (989) 344-6103 FAX: (989) 344-6!01
LAW ENFORCEMENT AGENCY DATA SHEET
NOTE: This form must be completed as changes occur in the agency and submitted to the State Coordinator.
DATE:10/11/0R-R.lMARYSCREENERE-MAILADDRESS: mark. lewis@postman.org
AGENCY NAME: Muskegon Police Department
ADDRESS: _ _ _ _ _...c9_8c....O_J.c..-e_f_f_e_r_s_o..cnc......cSc..tc...crc..ec..ec..t.c..-_ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY: ------~M=u~sk=e<ag=o~n~_ _ _ _ _ _ _ _ _STATE: _M~I~_ZIP: 49440
PHONE: ( 231 ) 724-6309 FAX: ( 231 ) 724-697 3
TOTAL NUMBER OF FULL TIME SWORN OFFICERS: _ __,7,_8_._ __
NUMBER OF FULL TIME NARCOTIC OFFICERS: 4
NUMBER OF FULL TIME TACTICAL OFFICERS:
PRIMARY SCREENER: Lt. Mark A. Lewis
MUST BE SWORN OFFICER RANK NAME
SCREENER #2: Lt. Dennis Lord
MUST BE SWORN OFFICER RANK NAME
SCREENER #3: Sgt. Ramon Barthelemy
MUST BE SWORN OFFICER RANK NAME
SCREENER #4:
MUST BE SWORN OFFICER RANK NAME
WEAPONS POINT OF CONTACT: Sgt. Ramon Barthelemy
MUST BE SWORN OFFICER RANK NAME
RELEASE OF ALL CLAIMS: I, the undersigned, having the express or implied authority of the above named law enforcement
agency, do hereby agree and covenant to release the Michigan National Guard and the U.S. Defense Logistics Agency from any
claims for liability, and to hold harmless and indemnify both organizations for any such claims arising out of the receipt of property
and/or equipment.
THE UNDERSIGNED FURTHER ACKNOWLEDGES that the Michigan National Guard delivers property/services in this program
in cooperation with the U.S. Defense Logistics Agency with no warranty either expressed or implied, and that the items are received
by the undersigned ~•as is, where is".
IN WITNESS WHEREOF, the undersigned has affixed hereto his/her signature acknowledging this release in full of claims of any
kind and the Michigan National Guard, on behalfof the Governor of the State of Michigan, has executed this agreement by signature
of the duly appointed I 03 3 Program State Coordinator.
BE IT FURTHER UNDERSTOOD it is the responsibility of the receiving organization to maintain adequate liability and property
damage as well as Worker's Compensation insurance coverage to cover any and all claims.
HEAD OF AGENCY SIGNATURE: ~ l ~
/___ .
MUSTBESHERIFF/CHIEF/DIRECTOR/POSTCOMMAER Anthony L. Kleibecker, Director
STATE COORDINATOR SIGNATURE:
RICHARD A. WOOD, STATE COORDINATOR
1033 LAW ENFORCEMENT PROGRAM
CITY COMMISSION MEETING
Tuesday November 23, 2004
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker
Director of Public Safety
DATE: November 3, 2004
SUBJECT: Renewal of Contract - Pagers - Verizon Wireless
SUMMARY OF REQUEST:
Public Safety Division staff request that the Commission consider our request to renew
our contract for paging service with Verizon Wireless. Verizon currently provides
paging service for fire and public works on-call personnel. The service is used to
disseminate emergency messages and for staff call-back for emergencies.
Staff sought estimates from the two, viable paging services in our area; Verizon and SBC.
SBC failed to submit an estimate. Verizon has agreed to reduce our per unit monthly rate
from $6.25 per month per unit to $5.95 per unit. The agreement calls for Verizon to
provide 71 pagers.
FINANCIAL IMP ACT:
This cost is provided for in the 2004 and 2005 budgets.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATIONS:
Approval of this request.
~verizonwire/ess
Verizon Wireless Paging Solutions
SHIPPING CHARGES AND MISC. CHARGES
SIIlPPING CHARGES
VWMS provides automated order fulfilhnent. By contacting Major Account Customer Service, a representative can initiate
the shipping order and prioritize it to meet City of Muskegon (Fire Dept.)'s needs for the pager(s) to arrive at the location
and by the time specified by City of Muskegon (Fire Dept.). Cut-off time for orders to be sent out the same day is 3:00pm,
Central Standard Time.
VWMS will pass onto City of Muskegon (Fire Dept.) any charges that are incurred for shipping and handling. VWMS will
provide at no charge to City of Muskegon (Fire Dept.) return labels for leased equipment that is being returned.
UPS Ground No Charge
Federal Express 2nd day $5.95
Federal Express Next day $9.95
Federal Express AM delivery $12.95
Saturday delivery $25.00
TAXES AND FEES
Prices do not include state and local sales tax, and other applicable taxes, fees, charges, or pass through assessments.
VERIZON WIRELESS MESSAGING SERVICES' EXPLANATION OF USF FEES
*The Telecommunications Act of 1996 requires VWMS to support the federal Universal Service Fund. Beginning April 1,
2003 Verizon Wireless will separately list Federal Universal Service Charge (FUSC) and Regulatory Charge (RC) on the
customer's bill. All accounts will be accessed a monthly charge. The actual amount of the FUSC charge may vary monthly
and is based upon an assessment determined quarterly. The FUSC assessment rate, beginning October 1, 2003, will be
1. 10% of assessable wireless charges, and the RC will be $0.03 per line per month.
Assessment Rate History:
(2Q) April 1, 2004 - June 30, 2004 FUSC rate: 1.04%
(IQ) January 1, 2004 - March 31, 2004 FUSC rate: 1.04%
(4Q) October 1, 2003 - December 31, 2003 FUSC rate: 1.10%
(3Q) July 1, 2003 - September 30, 2003 FUSC rate: 1.14%
(2Q) April 1, 2003 - June 30, 2003 FUSC rate: 1.08%
Some states have developed their own Universal Service programs and the USF rate is determined by the individual state.
VWMS will provide more information regarding this State Universal Service Fund upon request from City of Muskegon
(Fire Dept.).
~verizonwireless
Verizon Wireless Paging Solutions
CUSTOMER AGREEMENT
Attachment 1
PRICING
ALPHANUMERIC ONE-WAY PRICING
Charge 1>er 1>age
Monthly Access Fee Page Allowance**
Service over Allowance
ALPHA (Includes Lease Fee) (Per Month)
Statewide* $ 5.95 per mont11 500 $0.05
*Local service includes one or more Metropolitan Statistical Areas (MSA), Statewide service includes major MSAs within a Stale.
**Two hundred forty (240) character limit per page.
ENHANCED SERVICE OPTIONS
Personal 800/888/877 Nwnber $ 4.00 oer montll
- -
Voice Mail (5-24-60) ·
- ~ 2.00 ger month
Voice Mail (20-72-60) $ 4.00 oer montll
Cust~m Gree~g $ 1.00 oer mont11
Page SaversM Nwneric Retrieval i l.0012er mont11
Alnha Software $ 39.95-(oer CODV fee)
PAGER REPLACEMENT PROGRAM (PRP)
The optional Pager Replacement Program will protect you against tlleft, loss or damage to your pager. Witllout PRP, you
are responsible for tl1e full pager replacement charge. Witll PRP, any repairable damage is covered 100% and if your pager
. 1ost, stoIen or darnaged beyond rep,ur, 1t will be repIaced w1.ti.1a comparable one (see tiee scI1edu1e) .
1s
Loss Fee Loss Fee Note: VWMS reserves tlle right to change or
Service Montllly Fee
witllPRP withoutPRP discontinue models during this agreement. The
Alpha $ 0.50 per montll $35.00 $65.00 above prices are based on a two-year agreement.
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This Account Agreement (" Agreement'') is made and entered into as of ("Effective Date") by and between Verizon
Wireless Messaging Services, LLC d/b/a Verizon Wireless, with its headquarters located at Lewisville OPS Center, 1720
Lakepointe Drive, Suite 100, Lewisville, TX 75057 ("Carrier") and City of Muskegon (Fire Dept), with a billing address located
at 933 Terrace, Muskegon, MI 49440 ("Cnstomer").
I. Services to be Performed by Carrier: Carrier and/or its affiliates shall provide services and may provide equipment to
Customer subject to the terms and conditions of this Agreement and Attachment I, if applicable, and all applicable federal,
state and local laws, rules and regulation&
2. Term: The term of this Agreement shall begin on the Effective Date and continue for a period of two (2) years unless earlier
terminated pursuant to the terms. of this Agreement ("Tenn"). Upon expiration of the initial Term, this Agreement shall
continue on a month-to-month basis until terruinated by either party upon thirty (30) days written notice.
3. Pricing: The equipment and services provided under this Agreement shall be provided in accordance with the Pricing Schedule
set forth on this Agreement and/or in Attachment 1, attached hereto and incorporated herein.
4. Billing and Payments: Customer will be billed on a monthly basis or according to Customer's Billing Cycle, and Customer's
bill will reflect the rates in effect under the applicable price plan at the time charges are incurred, plus any other charges that
apply. Any unused call/packet counts from one month may not be transferred to another. Call/packet counts may not be
aggregated as between wireless devices on the same account. Payment is due fifteen (15) days from the date of invoice.
Customer waives any billing errors if Customer does not notify Carrier of such errors in writing within sixty (60) days from date
of the invoice containing such error. If Cnstomer defaults, Carrier may: (a) require Customer to return all Carrier owned
equipment to Carrier, and/or (b) be entitled to a deficiency judgment. A LATE FEE PAYMENT OF THE GREATER OF UP
TO ONE AND ONE-HALF PERCENT (1.5%) PER MONTH (18 PERCENT ANNUALLY) OR ONE DOLLAR AND 50
CENTS ($1.50) PER ACCOUNT APPLIES TO BALANCES THAT REMAIN UNPAID. HOWEVER, IF THIS LATE FEE
EXCEEDS THAT ALLOWED BY APPLICABLE LAW, THEN THE MAXIMUM FEE ALLOWED BY LAW SHALL
APPLY. Customer shall pay all reasonable costs of collection, including payment of attorneys' fees and court costs. These
remedies shall be cumulative and in addition to any other remedies Carrier has at law or in equity.
5. Wireless Equipment: Leased equipment remains the property of Carrier. Customer bears t11e risk ofloss or damage to wireless
equipment, whether leased or purchased, once received, and if Customer has purchased the equipment the same shall be
deemed accepted within fifteen (15) days of receipt or when the equipment is activated and provided with service, whichever
occurs earlier. However, Customer shall have thirty (30) days from the date the equipment is received to discover alleged
defects in such equipment and to return the equipment to Carrier for a replacement of similar type. Acceptance of the
equipment shall be deemed a complete discharge of Carrier's obligations as it concerns the equipment. If this Agreement is
terminated, Customer will return all leased wireless equipment and accessories provided under this Agreement in reasonably
good condition or reimburse Carrier at current retail rates for similar equipment and/or accessories. Lease charges will continue
to accrue until all wireless equipment is returned.
6. Relationship of the Parties: Both parties agree and understaod that the services performed under this Agreement are
performed by Carrier as an independent contractor and not as an employee of the Customer.
7. Limitation of Liability: Carrier shall not be liable to Customer, its employees, agents, or any third party for injuries to persons
or property arising from Customer's use of the services, the wireless equipment or related equipment, or for any defect in the
services or equipment. Furthermore, Carrier shall not be liable for the installation, repair or maintenance of the services or
equipment by any parties who are not employees of Carrier, or subcontractors of Carrier. Carrier's performance hereunder shall
be excused if affected by equipment failure, acts of God, strikes, severe weather conditions, fire, riots, war, earthquakes,
equipment or facility shortage or any other event or causes beyond Carrier's reasonable control. IN NO EVENT SHALL
EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED, WHICH ARE INCURRED BY THE OTHER PARTY AND WHICH
ARISE OUT OF ANY ACT OR FAILURE TO ACT RELATING TO THIS AGREEMENT, EVEN IF SUCH PARTY
HAS BEEN ADVISED OF THE CLAIM OR POTENTIAL CLAIM OR OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL CARRIER BE LIABLE FOR LOSSES, DAMAGES, OR CLAIMS ARISING
OUT OF CUSTOMER'S USE OR ATTEMPTED USE OF EMERGENCY SERVICES, NOR SHALL CARRIER BE
LIABLE FOR CUSTOMER'S INABILITY TO ACCESS EMERGENCY SERVICE.
8. INFORMATION REGARDING WARRANTIES: Carrier agrees to assign to Customer any of the manufacturers' consumer
warranties received by Carrier and intended for the end user with respect to the wireless equipment. CUSTOMER
ACKNOWLEDGES THAT CARRIER IS NOT THE MANUFACTURER OF THE WIRELESS EQUIPMENT AND
CUSTOMER AGREES THAT CARRIER HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES
WHATSOEVER, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY,
FITNESS FOR USE, MERCHANTABILITY, CONDITION OR QUALITY OF THE WIRELESS EQUIPMENT. WITH
RESPECT TO CARRIER, CUSTOMER PURCHASES OR LEASES THE WIRELESS EQUIPMENT "AS IS". CARRIER
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SHALL NOT BE LIABLE TO CUSTOMER FOR ANY LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE
CAUSED DIRECTLY OR INDIRECTLY BY THE WIRELESS EQUIPMENT, OR BY ANY INTERRUPTION OF
SERVICE OR LOSS OF USE OF THE WIRELESS EQUIPMENT, OR FOR ANY LOSS OF BUSINESS OR DAMAGE
WHATSOEVER AND HOWSOEVER CAUSED UNLESS LOSS OR DAMAGE IS DIRECTLY CAUSED BY CARRIER'S
WILLFUL MISCONDUCT. CUSTOMER ACKNOWLEDGES THAT DISSATISFACTION WITH THE WIRELESS
EQUIPMENT WILL NOT RELIEVE CUSTOMER OF ANY OBLIGATION UNDER THIS AGREEMENT. NOT
WITHSTANDING THE ABOVE, CUSTOMER MAY RETURN THE EQUIPMENT PER THE TERMS OF SECTION 5
HEREIN.
9. Intellectual Property: Carrier shall have no liability for violation of any patent, copyright, trademark or trade secret or for
violation of any license or franchise arising out of or resulting from (a) the use of the services or wireless equipment in
combination with any other product or service uot supplied by Carrier, or (b) modification of the services or wireless
equipment by, or on behalf of Customer.
10. Indemnity: To the extent allowed by law, Customer agrees to indemnify, hold harmless, and defend Carrier against any claims
relating to Customer's misuse of service or equipment under this Agreement. Customer agrees to reimburse Carrier for any and
all costs and reasonable attorneys' fees incurred by Carrier in defending any claims relating to Customer's misuse of service or
equipment
I 1. Confidential Information: Customer shall hold in strictest confidence information provided to it by Carrier that is marked
confidential or proprietary ("Confidential Information") for the Term of this Agreement and for a period of two years following
the expiration or termination of this Agreement. Customer acknowledges that Carrier would suffer irreparable damage in the
event of any material breach of these provisions. Accordingly, in such event, Carrier would be entitled to obtain preliminary
and final injunctive relief, as well as any other applicable remedies at law or in equity as the result of a breach or tlrreatened
breach of this section
12. Termination: A non-breaching party may terminate tlris Agreement if the other party conuuits a material breach of any term
or condition of this Agreement and fails to cure such breach within a tlrirty (30) day period after receiving written notice of
such breach. Except as provided above, if Customer has less than ten (10) wireless devices in service and terminates service to
any wireless devices witlrin the Tenn of tlris Agreement or Carrier terminates Customer's service for good cause, then Customer
shall pay $25.00 per I-way unit and $75.00 per 2-way unit to Carrier for each such tenuination as an early termination fee. If
Customer has ten (10) or more wireless devices in service and at any time terminates service on thirty (30) percent of tl1e
Minimum Urrits in service, then Customer shall pay Carrier the monthly fee for each terminated device multiplied times the
number of months remaining in the Term of this Agreement. Furthermore, if Carrier detenuines that Customer is rrrisusing the
equipment or service in any manner, then Carrier may terminate and/or suspend service without notice to Customer.
13. Availability of Service: Messaging and paging services use radio transrrrissions, so Carrier cannot provide service when
Customer's wireless equipment is not in range of one of our transrrrission sites, or a transrrrission site of another company that
has agreed to carry Carrier's service, or if there is not sufficient network capacity available at the moment. Also, there are
places, particularly in remote areas, with no service at all. Weather, topography, bmldings, Customer's wireless equipment, and
other conditions Carrier does not control may also cause rrrissed pages or other problems.
14. Response Procedure: If service is imavailable in Carrier's service area for more than twenty-four (24) continuous hours due to
Carrier's fault, Carrier will give Customer a pro rata daily credit for the period Customer is without service. To receive such
credit, Customer must notify Carrier in writing within thirty (30) days after the first bill is received for the period during which
the interruption started.
15. Assignment: Carrier tnay assign, in whole or in part, its rights or duties under this Agreement to any assignee. Customer may
not assign tlris Agreement without the prior written consent of Carrier, winch shall not be unreasonably withheld. Subject to
these restrictions, this Agreement shall apply to, inure to the benefit of, and be binding upon the successors and assignees of the
respective parties.
16. Notices: All notices required or penuitted to be given hereunder shall be in writing and shall be valid and sufficient if
dispatched by (a) registered or certified mail, postage prepaid, in any Post Office in the Urrited States; (b) hand delivery; (c)
overrright courier; or (d) facsimile tnmsrrrission upon confirmation of receipt by the recipient.
If to Carrier: If to Customer:
Contract Support Group To the billing address of record maintained by
Verizon Wireless Paging Solutions Carrier.
1720 Lakepointe Drive, Suite 100
Lewisville, TX 75057
17. Severability: Whenever possible, each provision oftlris Agreement shall be interpreted in such a manner as to be effective and
valid under applicable law. If any provision of this Agreement shall be held by a court of competent jurisdiction or by a duly
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appointed arbitrator to be invalid or unenforceable under applicable law, such provision shall be ineffective only to the extent
of its invalidity or nnenforceability, and the remainder of such provision and the remaining provisions of this Agreement shall
remain in full force and effect.
18. Wireless Number And/Or Internet Address: Carrier will assign one wireless telephone number (also referred to as an
"access number", "pager number", or "wireless number"), cap code and/or Internet address, if applicable, to each unit in
service. Customer agrees that it does not have any property right or ownership in the wireless number, cap code or Internet
address or in the personal identification number ("PIN(s)") the Customer or Carrier may establish. Carrier may change the
Customer's wireless number if Carrier determines it is necessary to comply with regulatory and/or commercial requirements,
however, Carrier shall not arbitrarily change Customer's wireless number and in the event of change Carrier shall specifically
advise Customer of the reason for such change.
19. Charges:
19 .1. Charges: Customer is required to pay a monthly service charge, and charges for shipping of equipment, messages,
packets and/or pages over the monthly limit, and charges for activation, suspension, reconnection, termination and
exchanges, if applicable, as well as fees related to Carrier's regulatory and/or governmental costs.
19.2. Tax: If any federal, state or local govermnent tax, fee, duty, or surcharge (collectively referred to as a "Tax") is required
by applicable law to be collected from Customer by Carrier, then (a) Carrier shall bill Customer for such Tax, (b)
Customer shall timely remit such Tax to Carrier, and (c) Carrier shall, where applicable, remit such collected Tax to the
appropriate taxing authority. If Carrier does not collect a Tax because Customer has provided Carrier with evidence of
exemption, and if such as an exemption is later determined to be inadequate, then, as between Carrier and Customer,
Customer shall be liable for such uncollected Tax and for all interest, penalties and additions to Tax which are determined
to be due with respect to such uncollected Tax.
20. Authority: The parties hereby represent that they have full power and authority to enter into and perform this Agreement and
know of no contracts, agreements, promises or undertakings that would prevent the full execution and performance of this
Agreement.
21. Reservation of Rights: Either party's waiver of any of its remedies for a breach by the other party shall not operate to waive
any other remedies available to it, nor shall such waiver operate to waive rights to any remedies for a future breach, whether of
a like or different character.
22. Dispute Resolution And Mandatory Arbitration: INSTEAD OF SUING IN COURT, BOTH PARTIES AGREE TO SETILE
DISPUTES (EXCEPT CERTAIN SMALL CLAIMS) ONLY BY ARBITRATION. THE RULES IN ARBITRATION ARE
DIFFERENT. THERE IS NO JUDGE OR JURY, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD
THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS IN THIS AGREEMENT, AS A
COURT WOULD. TO THE FULLEST EXTENT PERMITTED BY LAW WE EACH AGREE THAT:
22.1. THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. ANY CONTROVERSY OR CLAIM
ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR ANY PRIOR AGREEMENT FOR WIRELESS
SERVICE WITH CARRIER OR ANY OF ITS AFFILIATES OR PREDECESSORS IN INTEREST, OR ANY
PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT OR SUCH A
PRIOR AGREEMENT, OR ANY ADVERTISING FOR SUCH PRODUCTS OR SERVICES, WILL BE SETILED BY
ONE OR MORE NEUTRAL ARBITRATORS ON AN INDIVIDUAL BASIS BEFORE THE AMERICAN
ARBITRATION ASSOCIATION ("AAA") OR BETTER BUSINESS BUREAU ("BBB") AS DESCRIBED BELOW.
(IF CUSTOMER'S LOCAL SMALL CLAIMS COURT OFFERS ARBITRATION, CUSTOMER MAY ALSO USE
THAT PROCESS FOR ANY DISPUTE THAT QUALIFIES.) THIS DOES NOT CHANGE CUSTOMER'S
SUBSTANTIVE RIGHTS, WST THE POTENTIAL FORUMS FOR RESOLVING DISPUTES. IN ADDITION,
CUSTOMER CAN STILL BRING ANY ISSUES CUSTOMER MAY HAVE TO THE ATTENTION OF
APPROPRIATE FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES AND THEY CAN STILL, IF THE
LAW ALLOWS, SEEK RELIEF AGAINST CARRIER ON CUSTOMER'S BEHALF.
22.2.FOR CLAIMS OVER $10,000, THE AAA'S WIRELESS INDUSTRY ARBITRATION ("WIA'') RULES WILL
APPLY. FOR CLAIMS BETWEEN $2,500 AND $10,000, THE AAA'S ARBITRATION RULES FOR THE
RESOLUTION OF CONSUMER-RELATED DISPUTES (THE "CONSUMER RULES"), WHICH INCLUDE A
SMALL CLAIMS COURT OPTION, WILL APPLY. FOR CLAIMS UNDER $2,500, THE COMPLAINING PARTY
CAN CHOOSE EITHER THE CONSUMER RULES OR THE BBB'S RULES FOR BINDING ARBITRATION. AN
ARBITRATOR MAY, UNDER ANY OF THESE RULES, REQUIRE EACH PARTY TO EXCHANGE RELEVANT
EVIDENCE IN ADVANCE. IN LARGE/COMPLEX CASES UNDER THE WIA RULES, THE ARBITRATORS
MUST APPLY THE FEDERAL RULES OF EVIDENCE AND THE LOSER MAY HAVE THE AWARD REVIEWED
BY APANELOFTHREE(3)NEW ARBITRATORS.
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22.3. CUSTOMER CAN OBTAIN RULES AND FEE INFORMATION FROM THE AAA (www.adr.org), THE BBB
(www.bbb.org) OR FROM CARRIER. IF CUSTOMER CANNOT PAY THE REQUIRED ARBITRATION FEES, IF
ANY, THERE ARE FEE WAIVER PROGRAMS. EVEN IF CUSTOMER DOES NOT QUALIFY FOR A FEE
WAIVER, CARRIER WILL PAY ALL BUT $100 OF ANY COMBINED FEES CUSTOMER WOULD BE
REQUIRED TO PAY FOR FILING AND A FIRST DAY OF ARBITRATION IF CUSTOMER COMPLETES
CARRIER'S MEDIATION PROGRAM. MEDIATION IS A PROCESS FOR MUTUALLY RESOLVING DISPUTES.
A MEDIATOR CAN HELP PARTIES REACH AGREEMENT, BUT DOES NOT DECIDE THEIR ISSUES. IN
CARRIER'S MEDIATION PROGRAM, CARRIER WILL ASSIGN SOMEONE (WHO MAY BE FROM CARRIER'S
COMPANY) NOT DIRECTLY INVOLVED IN THE DISPUTE TO MEDIATE. THAT PERSON WILL HAVE ALL
THE RIGHTS AND PROTECTIONS OF A MEDIATOR. NOTHING SAID IN THE MEDIATION CAN BE USED IN
A LATER ARBITRATION OR LAWSillT. COMPLETING THE MEDIATION PROGRAM MEANS
PARTICIPATING IN GOOD FAITH IN AT LEAST ONE TELEPHONIC MEDIATION SESSION. CUSTOMER CAN
CONTACT CARRIER AT www.VerizonWireless.com OR THROUGH CUSTOMER SERVICE TO FIND OUT
MORE.
22.4.ONLY AN ARBITRATOR CAN DECIDE WHETHER AN ISSUE IS ARBITRABLE. AN ARBITRATOR CAN
ALLOCATE THE FEES AND COSTS OF ARBITRATION IN AN AWARD. IF AN APPLICABLE STATUTE
PROVIDES FORAN AWARD OF ATTORNEY'S FEES,AN ARBITRATOR CAN AWARD THEM, TOO. ANY
ARBITRATION AWARD MADE AFTER COMPLETION OF AN ARBITRATION IS FINAL AND BINDING AND
MAY BE CONFIRMED IN ANY COURT OF COMPETENT JURISDICTION. AN AWARD AND ANY JUDGMENT
CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CANNOT BE
USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
22.5. IF FOR SOME REASON THESE ARBITRATION REQUIREMENTS DON'T APPLY, EACH PARTY WAIVES
ANY TRIAL BY JURY.
23. Entire Agreement: This Agreement, together with the Attachment 1, if applicable, contains the full and complete
understanding between the parties, supersedes all prior agreements and understandings, whether written or oral pertaining to
the services and cannot be modified except by a written instrument signed by both parties.
24. Governing Law: This Agreement shall be governed by tl1e laws of tl1e State of New York regardless of any conflicts of laws
or rules that would require the application of the laws ofanother jurisdiction. Disputes requiring arbitration shall be resolved in
New York City or Dallas, TX for customers with ten (IO) or more wireless devices in service and in the largest U.S. city within
200 miles of Customer's billing address for those customers with less than ten (IO) devices in service.
25. Execution of Agreement: This Agreement may be executed in several counterparts, a copy of which shall be considered an
original for all purposes whatsoever.
26. IN WITNESS WHEREOF, tl1e parties hereto have executed this Agreement as of the date first above written.
CUSTOMER: CARRIER:
CITY OF MUSKEGON VERIZON WIRELESS MESSAGING SERVICES,
LLC d/b/a VERIZON WIRELESS*
By:
------------ By:------------
Name: Name:
Its Authorized Representative Its Autl1orized Representative
Its: Its:
Dated: Dated:
* Not for use in California or Texas
Date: November 23, 2004
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Forest Lift Station (S-593)
SUMMARY OF REQUEST:
The contract to refurbish the Forest Ave. lift station (new pumps and accessories) be
awarded to Jackson Merkey Contractors of Muskegon since they were the lowest
responsible bidder, see attached bid tabulation, with a bid price of $89,240.
FINANCIAL IMPACT:
The construction cost of $89,240 plus related engineering expenses.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Jackson Merkey
COMMITTEE RECOMMENDATION:
S-593 FOREST AVE.@ MADISON AVE. LIFT STATION REHABILITATION
BID TABULATION
November 9, 2004
ITEM NAGEL CONSTRUCTION, INC. JACKSON-MERKEY CONTRACTORS
PO BOX 10 555 E. WESTERN AVE.
MOLINE, Ml 49335-0010 MUSKEGON, Ml 49442
SCHEDULE OF PRICE
For the entire work outlined in the
contract documents and the
drawing, complete as specified,
using equipment and material
only of the type and manufacturers
where specificallly named the
following LUMP SUM PRICE OF $128,000.00 $89,240.00
MATERIAL AND EQUIPMENT
The contract documents stipulate that the base Lump Sum bid price shall include materials
and equipment selected from the designated items and manufacturers listed therein.
This is to establish uniformity in bidding and establish standards of the items named.
Commission Meeting Date: November 23, 2004
Date: November 15, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cBC-
Leisure Services Department
RE: Stay Active Muskegon (S.A.M.)
SUMMARY OF REQUEST: Stay Active Muskegon has been meeting as
a committee for over a year. Both the Leisure Services and Planning
Departments have been involved with their activities. All municipalities
in the County of Muskegon are being asked to pledge their support to
this important venture. S.A.M. has also begun approaching major
industries in the County, requesting the same type of support. The City
Commission is asked to approve the attached resolution.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached resolution and
authorize the Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: None.
Resolution No. 2004-101(e)
MUSKEGON CITY COMMISSION
RESOLUTION AUTHORIZING THE ENDORSEMENT AND SUPPORT OF STAY
ACTIVE MUSKEGON (SAM)
WHEREAS, the Vision of Stay Active Muskegon, SAM., is to create a commitment
where active living becomes part of our culture; and
WHEREAS, the Mission of Stay Active Muskegon, S.A.M., is to facilitate and direct the
community initiative that promotes physical activity, health conscious eating and
improving community health in Muskegon County; and
WHEREAS, S.A.M. encourages Muskegon County residents and organizations to
provide support for efforts to increase physical activity in all aspects on a community and
individual basis; and
WHEREAS, inadequate community infrastructure designs, sedentary work places,
unhealthy lifestyle choices, and poor eating habits have contributed substantially to
Muskegon County's poor health status;
NOW, THEREFORE, BE IT RESOLVED THAT the City Commission will
1) Endorse and support the Vision and Mission of S.A.M. ,
2) Pledge to incorporate physical activity in the above listed organization's
practices, and
3) Participate in activities that will eliminate barriers of a more walkable and
healthier community.
rd
Adopted this 23 of November, 2004.
AYES: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
NAYS: None
ABSTAIN: None
Attest: ~(L.1, Q_
City Clerk
CERTIFICATION
2004-I0l(e)
This resolution was adopted at a regular meeting of the City Commission, held on
November 23, 2004. The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
Stay ~ctive Muskegon
Active Living In a Healthy Community
About Stay Active Muskegon (SAM)
SA M's primary goal is to encourage every Muskegon County resident
SAM Committee to get up and get moving. Most of us probably don't even realize how
Ken Krause - Chair very sedentary our lives have become. Over 66% of Muskegon
Muskegon County Health Dept.
County residents are overweight. While changing the habits of an
Donald Shampine - Co Chair entire county must seem like an over whelming task, we have
Strategic Insurance Services identified some simple and effective tools that can help.
Jeff Fortenbacher
Access Health First, we want to challenge you to help us get as many people in
Vondie Woodbury Muskegon County as possible to use a pedometer on a daily basis.
Muskegon Community Health National studies show that pedometer use is a terrific way for an
Project individual to personally assess his or her own activity level. We've
Christy Mack distributed hundreds already, but our goal must be thousands!
Muskegon Area Chamber of
Commerce Second, lets work together to encourage people to move by reminding
Yvonne Bullinger them of easy ways to increase their own mobility as they go about
Access Health daily activities. By utilizing SAM's "Active Living Parking" signs,
Dr. Byron Varnado employees, shoppers, students, all of us will be reminded and
Hackley Health encouraged to park a little further out from our destinations and take
Jeff Rubleski those extra, healthy steps.
Blue Cross/Blue Shield
As should be apparent, SAM wants to help people change from
Cathy Brubaker-Clarke
City of Muskegon unhealthy lifestyles and routines to a whole new culture of health.
But, we can still do more! For instance, SAM believes that we limit
Steve Wisneski
access to physical activity by the barriers that are created when
Creative Benefit Systems
developing our cities. We need to focus on Smart Growth, using the
Emilie Korpi right community design based on community planning.
Muskegon Community Health
Project
We need to build a community that enables and encourages people
Melissa Haug to travel by foot or by bicycle. We need to provide access to our
City of Muskegon, Leisure and
Recreation Services
gymnasiums that sit vacant for a majority of the time. Major changes
are needed in how we proceed with community development, but also
Pat Strum how our development supports our efforts to increase active living in
The Lakes Mall
our community.
Vicki Cox
Howmet, an Alcoa Business Active living communities enhance the quality of life for the people
Daryle Sicplinga who live there. This focus will strengthen the business community by
YMCA attracting additional business, knowledgeable workers, and contribute
Nancy Crandall to economic development.
City of Norton Shores
Eva Amaya
District Court
An initiative of the Muskegon Community Health Project
Sally Birkam 565 W. Western Ave., Muskegon, Ml 49440, (231) 728-3201.
Muskegon Community College
The Mission
SAM's mission is to facilitate and direct community initiatives that
promote increasing physical activity, health conscious eating, and
improving community health.
The Vision
To create a community where "active living" becomes part of our
culture.
Chronic Disease Epidemic
Sixty percent of adults are How can you help?
overweight or obese, and By bringing public and private sectors together with one focus we can
diabetes rates rose 49 pe rcent
from 1990 to 2000. Seventy engage our community in changing its culture so that physical activity
percent of U.S. adults do not and healthy lifestyles are part of our routines.
achieve the 30-minute daily
physical recommendation, and The concept is broad based and all encompassing. This makes the
30 percent are completely initiative seem daunting, yet we look at this process as a long-term
sedentary. Health care costs
commitment that will be addressed in a series of short-term goals. By
associated with obesity alone
were estimated at $117 billion presenting SAM's success to the community we hope to further
in 2000. engage its interest in making a change, one day at a time.
Source: Leadership f or Active
Living Small Steps
Build Credibility: Gaining the support and endorsement of
prominent business leaders in our community will instantly build
credibility for this program which will then set the foundation for more
Active Living in Muskegon County.
Build Recognition: SAM is building recognition in the community by
selling its pedometers. Over 2,000 people are using Stay Active
Muskegon pedometers to date. Community members will also begin
to notice Active Living Parking Signs throughout Muskegon County.
These are great visual mechanisms in our community towards Active
Living as well as Smart Growth.
Engage Community: Small, easy to run programs such as the
"Pedometer Challenge" will bring an awareness to the community that
physical activity and healthy choices can easily be integrated into our
daily lives.
An initiative of the Muskegon Community Health Project
565 W. Western Ave., Muskegon, Ml 49440 (231) 728-3201.
Stay Active Muskegon
SAM's Endorsers
Current organizations that have had the opportunity to review this
program and endorsed our efforts are listed below. This list will only
grow in numbers as people begin to realize the importance ...
Muskegon Community Health Project
Muskegon Area Chamber of Commerce Development Committee
Access Health, Inc.
Strategic Insurance Services
Cost of Non-Activity
Creative Benefit Systems
If I in 20 sedentary adults Hume Home
become physically active, a cost
Thrivent Financial
avoidance of $575 million per
year over the next four years United Way of Muskegon
can be realized. This equates to
Muskegon Community College
jobs for over 15,400 new
employees. Community Shores Bank
Muskegon County
Source: The Economic Cost of
Physical Inactivity in Michigan Community Foundation of Muskegon County
City of Muskegon Heights
Who to Contact
For more information about SAM or if you are interested in endorsing
SAM, please contact Emilie at the Muskegon Community Health
Project at (231) 728-3201.
An initiative of the Muskegon Community Health Project
565 W. Western Ave., Muskegon, Ml 49440, (231) 728-3201.
Date: November 23, 2004
To: Honorable Mayor and City Commissioners
From: Gail Kundinger, City Clerk
RE: Additional Taxicab License
Port City Cab Company & Yellow Cab Company
SUMMARY OF REQUEST: Thomas Wakefield's current license is for
11 taxicabs, and he is requesting approval of an additional taxicab.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve this request.
COMMITTEE RECOMMENDATION: None.
City of Muskegon
Taxi Cab Vehicle Inspection
Cab CompanyY1-:,?..,,ll1l V lA-.h License Year May 1, 202...1.._ to April 30, 20 o.S-
Cab Number_3_/_ _ _ _ Year 111 b
Body Style _V_,4_,_1\./____ VIN No.:J'(?.J&Jt 'lf~rccr~<P7/
License Plate bit/ft; t-/L Seating Capacity t/ Weight 1/7 l/U
·Lights Exterior
·-i:f Headlights ( one each side, high and low
beams) ~ Bumpers(required on passenger
-c:1· Turn signals (front and rear) vehicles, 14 to 22 inches above the
..eJ Tail lights (at least one, if equipped with ground except 4 wheel drive)
two, both must work) ]2f"Tires (2/32 inch tread, no exposed cord
A:f License plate light or tread separation, approved for
..er Brake lights . highway use by D.O.T.)
)i!I Exhaust (good working order, no
Windshield & Mirrors excessive noise. Must include a tailpipe
and resonator where the original design
9--"'Safety Glass (no plexiglass, sufficient included a tailpipe and resonator)
size to protect driver and passengers, no □ Differential gear
cracks, no obstructions, non-transparent
material prohibited) Interior
~ Outside rearview mirror on driver's side
(adjustable) ;z{
Horn
□ Half-ton or more capacity trucks outside ;{j Bright light indicator
rear view mirrors on both sides _7 Windshield wipers
A Windshield washers
Meter f t Brakes (adequate to stop and hold
the vehicle)
CY Check fare for $1.65 □ Parking Brake
,)4'Safety belts (1965 and newer models)
•••••••••••••••••••••
Inspected & Approved by -~~.c:...
1-~
,,_/_.,.=~:.-.:
______- - = = - - - - - - - - - -
Date of Approva I __,/c..i'f_~
_._/_7....:_-_0_·__,r,,_
·_ _ _ _
Required under Section 23-29 (2) of Code of Ordinance - City of Muskegon
ACORD™ CERTIFICATE OF LIABILITY INSURANCE CSR KW
CF-WAKE 08/27/04
I DATE (MMIDDNYYY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Hirsch Branch HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
615 N Capitol Ave ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Lansing MI 48933
Phone,517-371-2300 Fax:517-371-5059 INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURER A: M.fl1:icaP- C••ualty Inauruc•
INSURER B:
Wakefield Leasing Corp. INSURER C:
DBA Port City Ca Company
770 w.
Sherman INSURER O:
Muskegon MI 49441
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'L'TR NSR TYPE OF INSURANCE POLICY NUMBER ~i~~rJgJtf,W;E P~kJ,.i..E, 1M~mfJ!i.~N LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
-
COMMERCIAL GENERAL LIABILITY PREMisES 7E80CCWencel $
I CLAIMS MADE □ OCCUR MED EXP (Any one person) s
PERSONAL & ADV INJURY $
-
GENERAL AGGREGATE $
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS· COMP/OP AGG $
7 POLICY nPRO· n
JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- (Ea accidenl)
s
A ANY AUTO 250362940 03/01/04 03/01/05
-
ALL OWNED AUTOS BODILY INJURY
- (Per person)
Sl00,000
-
X SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY
~
(Per accident)
s300,000
NON-OWNED AUTOS
~
PROPERTY DAMAGE
~
(Per accident) s100,000
R GARAGE LIABILITY
ANYAUTO
AUTO ONLY· EA ACCIDENT
OTHER THAN
AUTO ONLY:
EAACC
AGG $
s
s
EXCESSJUMBRELLA LIABILITY EACH OCCURRENCE $
[JoccuR □ CLAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND ITORll1MiTS I
I..,ER.
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT $
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE • EA EMPLOYEE $
lf ~es, describe under
S ECIAL PROVISIONS below E.l. DISEASE· POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES/ EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS
SEE ATTACHED VEHICLE SCHEDULE
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
MUSK003
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
City of Muskegon NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Fax #231-724-4178 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
PO Box 536
REPRESENTATIVES.
933 Terrace St,
Muskegon, MI 49443 AUTHORIZED R E P R ~
Adam HirAC .· .•,, · ~ ,17/' r' :9-· -/-
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ACORD 25 (2001/08 ©ACORD CORPOAATION 1988
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49441 616-243--2150
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25495
WAKEFIELD LEASING CORP. 11-78
770 W. SHERMAN BLVD.
MUSKEGON, Ml 49441
'
Comerica Bank
M.!sl<egon, Mchlgall
FOR _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
11•0 2si.ci s11• ,:o 7 2oooocii;1:
.
Commission Agenda Item:#_ _ _ _ _ _ _ __
MEMORANDUM
To: Mayor and City Commissioners
From: Lee Slaughter, Assistant City Manager
Date: November 16, 2004
Re: Agreement between Nutritional Services for Older Americans, Inc
(NSOA) and the City for the Use of Smith Ryerson and McGraft Park
Community Buildings.
SUMMARY OF REQUEST
Staff recommends that the Mayor signs a one-year agreement with Nutritional Services
for Older Americans, Inc. for the use of the Community Buildings at Smith Ryerson and
McGraft Park. The agreement calls for the City to provide NSOA with the amount of
$8,317 for support staff time to offer recreation and wellness services for seniors at
McGraft Park. NSOA will in turn pay the monthly fee of$100 and $200 respectively for
the use of each facility.
Please note that over the years these agreements have been two-year agreements.
However, giving our current review of the department's facilities and operations to better
determine future directions, a one-year agreement is recommended at this time.
FINANCIAL IMP ACT
McGraft Park: $8,317
BUDGET ACTION REQUIRED
None.
STAFF RECOMMENDATION
Staff recommend approval.
AGREEMENT BETWEEN
NUTRITIONAL SERVICES FOR OLDER AMERICANS, INC. (NSOA)
AND
THE CITY OF MUSKEGON LEISURE SERVICS
FOR THE MCGRAFT PARK COMMUNITY BUILDING
The purpose of the agreement is to establish the working arrangements for the occupancy
of the City owned McGraft Park Community Building by the Senior Nutrition Program
operated by Nutritional Services for Older American, Inc. (NSOA). The specifics of this
agreement shall be as follows:
I. The City of Muskegon agrees to allow use of the McGraft Park Community Building
to NSOA to operate as a location for senior meals and support services for seniors in
the area.
2. NSOA will pay to the City $200.00 per month as a fee for expenses of rent and
utilities including garbage service.
3. A telephone will be provided at the expense ofNSOA.
4. The City will provide a locked office for the program. A locked cupboard for storage
in the kitchen will also be provided.
5. NSOA will provide all materials for the program meal. NSOA has full and complete
responsibility for the operation of the program.
6. NSOA agrees to work with City personnel to promote recreational opportunities for
seniors.
7. NSOA agrees to try to secure grants if available towards facility improvements.
8. The building will be available to NSOA from Monday through Friday during business
hours-typically 9 - 3. Exceptions are voting days and the third Wednesday of the
month "Shuffleboard Potlucks" during the summer. NSOA may use the building for
an occasional evening event when approved by the City.
9. The care and maintenance of the facility is the City's responsibility with NSOA
responsible for routine daily clean-up; which is wiping tables, counters, sinks, and
spills, and disposing of food and supply waste; leaving kitchen and dining area ready
for use by any other tenants.
I 0. NSOA provides liability insurance for its centers. Written evidence is available upon
request.
Page two - agreement between City of Muskegon for McGraft Park
11. The City agrees to financial support in the amount of$83 I 7 for staff time for
recreational programs provided at McGraft Park for the city of Muskegon seniors.
These activities are wellness programs including exercise and health and a diversity
of enrichment programs.
12. Either party with sixty- (60) day notice may terminate this agreement.
The inclusive dates of this agreement are October I, 2004 through September 30, 2005.
FOR: City of Muskegon FOR: Nutritional Services
Meals on Wheels
933 Terrace Street 1540 W. Sherman Blvd.
Muskegon, Ml 49440 Muskegon, Ml 49441
Bill Larson Janet E. Hansen
Vice-Mayor of Muskegon
Chairperson of the Board
14-J-{) f'
Date Date
AGREEMENT BETWEEN
NUTRITIONAL SERVICES FOR OLDER AMERICANS, INC. (NSOA)
AND
THE CITY OF MUSKEGON FOR
SMITH RYERSON COMMUNITY BUILDING
The purpose of this agreement is to establish the working arrangements for the occupancy of the
City owned Smith Ryerson Community Building by the Senior Nutrition Program operated by
Nutritional Services for Older Americans, Inc. (NSOA). The specifics of the agreement shall be
as follows:
I. The City of Muskegon agrees to allow the use of portions of the Smith Ryerson Community
Building for NSOA to operate a location for a senior citizens meal program.
2. NSOA will pay to the City $100.00 per month to assist with expenses of rent, utilities, and
garbage service.
3. The dining area, facilities in the kitchen, and restrooms will be made available Monday
through Friday form 10:30 am - I :30 pm.
4. A steam table unit belonging to NSOA will remain as mobile equipment and is still the
responsibility ofNSOA, while all other kitchen equipment is the responsibility of the City.
5. NSOA will provide materials and equipment used for the program and has full and complete
responsibility for the operation of the program.
6. NSOA provides liability insurance to cover its operations. Written evidence is available
upon request.
7. A telephone will be provided for the NSOA staff operations at the expense ofNSOA.
8. Care & maintenance of the building is the City's responsibility with NSOA responsible for
daily cleaning of the food service area used, wiping tables, counters, sinks and spills and
disposal of food waste into receptacles.
9. Either party with sixty- (60) day's notice may terminate this agreement.
The inclusive dates of this agreement are October I, 2004 through September 30, 2005.
FOR: CITY OF MUSKEGON FOR: NUTRITIONAL SERVICES
Meals on Wheels
933 Terrace Street 1540 W. Sherman Blvd.
Mu~ske
n,.111 49440 Muskegon,MI 49441
&1.i -·~
Bill La son
~~ Janet E. Hansen
Vice-Mayor of Muskegon Chairperson of the Board
Date: /,2 - .3 -c) f Date:
----------
Date: November 23, 2004
To: Hdnorable Mayor and City Commissioners
From: Finance Director
RE: lnterfund Transfer for Arena Improvements
SUMMARY OF REQUEST: Previously the City Commission authorized energy-
related improvement projects at the LC Walker Arena. This work is now complete
and the final project cost is $254,000. At the time the project was approved, it was
determined that due to the relatively small size, it was not worth incurring issuance
costs associated with borrowing from outside sources. Accordingly, staff
recommends that $254,000 be transferred from the City's General Insurance Fund to
the LC Walker Arena fund to cover project costs. The funds will be repaid over a 10-
year period with interest (2.0%}.
FINANCIAL IMPACT: Monthly payments in the amount of $2,337.14 will be
made from the LC Walker Fund to the General Insurance fund commencing
December 1, 2004. Energy savings resulting from the improvements are anticipated
to largely fund this cost.
BUDGET ACTION REQUIRED: The repayment is included in the 2005 budget
and will need to be included in future year's budgets as well.
STAFF RECOMMENDATION: Approval of interfund transfer.
COMMITTEE RECOMMENDATION: None.
AGENDA ITEM NO. _ _ _ _ _ __
CITY COMMISSION MEETING November 23, 2004
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: November 16, 2004
RE: Lease with the Great Lakes Naval Memorial and Museum
SUMMARY OF REQUEST:
To approve a lease with the Great Lakes Naval Memorial and Museum for property located at
the Muskegon Channel. The lease is for 30 years to develop a museum and the display of the
U.S.S. Silversides and museum artifacts.
FINANCIAL IMPACT:
Rent is $15,000+ per year once the museum is built.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached lease.
COMMITTEE RECOMMENDATION:
None
GROUND LEASE AGREEMENT
This Lease Agreement, made and entered into this 23 day of NOVEMBER , 2004,
by and between the CITY OF MUSKEGON, of933 Terrace Street, Muskegon, MI 49440, herein
referred to as "Landlord" and the GREAT LAKES NAVAL MEMORJAL AND MUSEUM, of
P.O. Box 1692, Muskegon, Michigan 49443, herein referred to as "Tenant".
ARTICLE 1. DEMISE AND PROPERTY.
1.1 Description of Property. The Landlord, in consideration of the rents hereinafter reserved and
agreed to be paid by the Tenant, hereby leases and demises to the Tenant certain property located
at the Muskegon Channel and 1346 Bluff Street, City of Muskegon, County of Muskegon, State
of Michigan and more particularly described on Exhibit A hereof(hereinafter the "Property").
1.2 Conditions of the Lease. Landlord's lease and demise of the Property to Tenant is subject
generally to the terms and conditions hereinafter set forth and to the payment, performance and
observance by Tenant of each and every term and condition herein contained. Landlord and
Tenant further agree:
(i) Tenant shall provide, or arrange for the provision of, electric, telephone, natural
gas, water, storm and sanitary sewer lines to the property line of the Prope1iy; and
(ii) Tenant will pay any taxes and assessments levied against the Property and withhold
city income taxes from employees.
ARTICLE 2. TERM.
2.1 Commencement and Duration. The date this Lease is executed by both parties shall be
considered the "Effective Date" of this Lease. This Lease shall terminate on the 2.3.._ day of
NOV , 2034.
2.2 Lease Year Defined. A Lease Year shall be defined in this Lease as that 12 month period
during the Term of the Lease commencing on the Effective Date or the annual anniversary
thereof, as may be applicable.
2.3 Definition of Lease Month. A "Lease Month" shall be defined in this Lease as those
successive calendar month periods beginning with the Effective Date of this Lease.
- 1-
-City Lease BR9164.wps
ARTICLE 3. RENT.
3.1 Primary Term. Beginning on the date that a Certificate ofUse and Compliance is issued for
an Improvement on the Premises, Tenant agrees and covenants to pay to landlord or to such other
person or entities at such place or places as Landlord may from time to time designate in writing,
a rent in the sum of $0.50 per paid admission, with a minimum payment of $15,000 per calendar
year. The primary payment will be on a pro rata basis for the first calendar year. Tenant shall
provide an annual accounting of attendance in a form acceptable to Landlord. Annual payments
ofrent will be made on or before February 1st of each year.
3.2 Escrow. Tenant shall pay to Landlord $1,000 on or before December 1 of each year
following the date that a Certificate of Use and Compliance is issued for an Improvement on the
Premises to be held in escrow by Landlord. At the termination of the lease or vacation of the
Property, Landlord may, in its sole discretion, use the escrowed funds for demolition and
removal of any structures on the Property or for making any Improvements necessary to meet any
building codes. To the extent there are any escrowed funds remaining after demolition or removal
of any structures left by Tenant after the lease has terminated, the funds shall be returned, without
interest, to Tenant.
3.3 Conditions of Payments. All installments ofrent and other sum payable by Tenant hereunder
shall be paid without notice, demand, counterclaim, setoff, deduction or defense, and without
abatement, suspension, deferment or reduction, and the obligations and liabilities of Tenant
hereunder shall in no way be released, discharged or otherwise affected except as may be
otherwise expressly provided herein.
ARTICLE 4. IMPROVEMENT OF THE PROPERTY.
4.1 The Leasehold Improvements. Tenant will improve the Property by constructing, at its sole
cost and expense, a museum and other improvements (hereinafter the "Improvements") associated
with the maintenance and display of the USS Silversides, a World War II submarine, and museum
artifacts and other propetiies controlled by the Tenant. Tenant shall provide Landlord with a
complete site plan, including the location of all proposed improvements upon the property prior to
construction. Any Improvements must be approved in writing by Landlord, including zoning, site
plan review, and compliance with appropriate building and construction codes. Landlord reserves
the right to designate the location oflmprovements.
4.2 Construction Responsibilities. Tenant shall be responsible for applying to governmental
authorities for any variances, special use permits or other items necessary for the construction of
the Improvements pursuant to this Lease, so that the construction of the Improvements and the
use of the Improvements and Property will conform to all applicable legal requirements, including
all applicable zoning laws and other zoning requirements. Tenant shall be responsible for all "tap-
in" fees in connection with obtaining utility services from the applicable public utility companies.
Tenant will construct all Improvements in accordance with all state, local and federal regulations,
-2-
-City Lease BR91_64.wps
statutes and building codes, and in accordance with all applicable rules, regulations and
requirements of all departments, boards, bureaus, officials and authorities having jurisdiction
thereof To the extent necessary, Landlord shall execute appropriate documents needed to
support such applications and proceedings. Landlord shall not, however, be required to pay
application fees or any other costs or expenses related to construction.
4.3 Construction Conditions. Tenant shall begin construction within sixty (60) months. Landlord
acknowledges that Tenant is in the process of obtaining funding for the construction of the
building and will keep Landlord informed as to the status of the funding. If construction has not
commenced within sixty (60) months of the date of this Lease, Landlord may terminate this Lease.
Once construction has commenced, Tenant shall complete construction within eighteen (18)
months of commencement. Tenant shall promptly repair any damage and replace damaged items
and property caused by construction. Tenant also shall cause any contractor that performs all or
part of the construction to take reasonable steps to avoid excessive dust, vibrations, noise, rubble
and odors from the construction. Construction shall be performed in accordance with applicable
legal requirements, and shall be completed free of all mechanics' and materiahnen's liens and
other liens, and clear of all financing statements under the Uniform Commercial Code and related
statutes. The construction shall also be performed in a good and workmanlike manner and in
accordance with good construction practices.
4.4 Inspection by Landlord. Landlord shall, at all reasonable times, have the right to enter upon
the Property and any Improvements thereon, to inspect them during the course of construction.
4.5 Liens. Tenant shall pay for the cost of the site investigation and the construction. Tenant
shall discharge or bond over all liens arising from the site investigation and the construction. Such
liens shall be discharged or bonded over within 30 days after Landlord gives Tenant notice of the
existence of a lien, or Tenant otherwise receives notice of a lien.
4.6 Contractor Insurance Requirement. Tenant or its contractors and subcontractors shall not
commence work under this contract until obtaining the insurance required under Article 13 below.
All coverage shall be with insurance carriers acceptable to Landlord.
4. 7 Additional Construction by Landlord. Landlord reserves the right at any time to make
alterations, expansions or additions to the Property, provided such activities do not interfere with
Tenant's ability to carry on its normal business operations nor result in a reconfiguration of the
Property such that the Property become unusable to Tenant.
ARTICLE 5. CONDITIONS.
5.1 Authority. Landlord warrants that it has the authority to enter into this Lease.
5.2 Specific Conditions. This Lease is further subject to and contingent upon the following
conditions and provisions (the "Conditions"):
a. Tenant obtaining from the appropriate suppliers, prior to the commencement of
-3-
-City Lease BR9164.wps
Construction Work, electricity, water, and natural or propane gas and all other
utilities in adequate quantities for its needs and use;
(a) Tenant obtaining, at its own cost and expense, a satisfactory environmental audit of
the Property prepared by an engineer or consultant selected by Tenant;
(.b'.
...J Tenant shall have obtained approval of signage from any governmental authority
having jurisdiction over such approvals;
(sJ Tenant shall have obtained all environmental licenses and approvals, final site plan
approvals, wetland permits, other permits (including building permits) and all other
licenses and approvals from any applicable governmental authorities which are
required for the improvement and operation of the Property for Tenant's intended
use;
. \
(g) Tenant may, at Tenant's sole cost and expense, obtain a binder for a Tenant's policy of
title insurance, issued by Land America Transnation, in which the title insurance
company shall agree to insure Tenant's leasehold estate in the name of Tenant or
its nominees or assigns. Such binder for title insurance shall have a face amount of
$100,000 and shall include whatever special endorsements Tenant deems are
necessary; and
\
; e,) Landlord shall provide Tenant copies of any surveys of the Property conducted within
five years of the Effective Date.
5.3 Contingent Period. Not later than 30 days after the later of Tenant's receiving a copy of
any surveys or receiving the title commitment, Tenant shall give Landlord notice if the title
commitment discloses exceptions other than those exceptions which are acceptable to Tenant, and
if any survey(s) disclose matters unacceptable to Tenant. Landlord shall have 20 days from the
date of such notice from Tenant to have the exceptions removed from the title commitment or to
correct the survey defects, or to have the title insurer insure against loss or damage that may be
occasioned by the exceptions or survey defects. If Landlord fails to have the exceptions removed
or correct any such survey defects, Tenant may terminate this Lease.
5.4 Consequences of Failure of Satisfaction. In the event any conditions or provisions of
Paragraph 5.2 above are not satisfied during the periods in Paragraph 5.3 provided the Tenant is
diligently pursing the satisfaction of the Conditions, the Tenant may extend the period for up to
three successive periods of 60 days each by written notice to Landlord or terminate this Lease and
all its rights, duties and obligations hereunder.
ARTICLE 6. USE OF DEMISED PROPERTY.
6.1 Permitted Uses. Tenant may use the Property for a museum and other associated structures
relating to the maintenance and display of the USS Silversides, a World War II submarine, and
other Tenant owned or maintained property, and for no other purpose whatsoever without the
-4-
•City Lease BR9164.wps
written consent of Landlord.
6.2 Prohibited Uses. It is agreed that the Property shall not be used for any use which causes or
risks causing the deposit of hazardous, toxic or noxious substances on any portion of the
Property, including underground portions of the Property provided that the foregoing shall not
extend to the use and storage of substances customarily and ordinarily used in a business such as
Tenant's and provided the same are used and stored in accordance with all applicable laws and
regulations.
6.3 Compliance with Applicable Laws, Regulations. Tenant shall comply with all zoning,
subdivision, building, health, safety, noise and nuisance abatement, sign and illnmination control,
environmental, liquor control and all other laws, ordinances, rules and regulations of federal,
state, county and municipal governments having jurisdiction, which are applicable to the Property.
Tenant acknowledges that the property is not currently zoned for the use intended by Tenant.
6.4 Waste and Nuisance Prohibited. Tenant shall not cause, or permit there to be caused, waste
to the Property or to any Improvements constructed thereon, or to cause or permit any nuisance
to others from the Property or any Improvements constructed thereon.
ARTICLE 7. COVENANT OF QUIET POSSESSION.
The Landlord covenants with the Tenant to keep the Tenant in quiet possession of the Property
during the Term hereof, provided that the Tenant keeps and performs all of the covenants,
agreements and undertakings to be kept and performed by it.
ARTICLE 8. TAXES.
8.1 Present and Future Taxes. Subject to Section 8.4, Tenant covenants and agrees to pay before
they become delinquent any taxes and assessments assessed against the Property which are now,
or hereafter may be assessed or payable during the Term of this Lease, on a due and payable basis,
regardless of the time specified in the bill for which the taxes and assessments are owed. All
current taxes and assessments shall be prorated at the beginning and end of the Term hereof.
8.2 Definitions. The terms "taxes and assessments," "tax" and "taxes" as used in this Article shall
mean the aggregate of the real estate taxes, assessments and other governmental charges and
levies, general and special, ordinary and extraordinary, foreseen and unforeseen, of any kind of
nature whatsoever which may be levied, assessed or imposed or become liens upon any part of the
Property or which arise out of the use, occupancy or possession of the Property by Tenant or its
tenants from tirue to tirue, and also, to the extent applicable, city income tax ..
8.3 Contesting of Tax by Tenant. If the Tenant desires to contest any ad valorem assessment or
the validity of any tax and gives the Landlord written notice of this intention, then the Tenant may
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contest the assessment or tax without being in default hereunder, provided that (1) neither the
Property nor any part thereof nor interest therein would be in any danger of being sold, forfeited,
lost or interfered with; (2) Tenant shall have furnished such security, if any, as may be required in
the proceedings or reasonably requested by Landlord; and (3) all expenses incurred in connection
with such proceedings shall be paid by Tenant. Tenant agrees to indemnify and hold Landlord
harmless from all costs, expenses and damages that arise as a result of Landlord's role as landlord
relating to any contest made by Tenant.
8.4 Payment of Taxes. In the event the Property are not separately assessed when a bill for taxes
and assessments is received, Landlord shall forward to Tenant a notice of the amount owing
setting forth Landlord's reasonably detailed calculation of the amount due from Tenant together
with reasonable supporting documentation. Taxes and assessments due during the Term of this
Lease shall be paid by Tenant within 30 days thereafter. At such time as the Property is separately
assessed, Tenant shall pay the taxes and assessments with respect to the Property directly to the
taxing authority and provide Landlord with written verification of such payment prior to the due
dates thereof.
ARTICLE 9. CONDITION OF PROPERTY; REPRESENTATIONS.
Tenant accepts the Property "AS IS", in its existing condition. Except as Landlord and Tenant
may otherwise agree in writing, Tenant's entry into possession shall constitute conclusive
evidence against Tenant that it has inspected the Property and found them to be in good order and
satisfactory condition. Neither Landlord nor Landlord's agents have made any representations or
promises with respect to the physical conditions of the Property or any other portion of the
Property or any other matter pertaining to the Property.
Landlord and Tenant acknowledge that a survey of the Prope1iy indicates certain encroachments
("Survey"). A copy of the Survey is attached as Exhibit Band the encroachments are indicated
on the Survey. Tenant agrees to accept the Property subject to the encroachments and indicated
on the Survey.
ARTICLE 10. MAINTENANCE AND REPAIRS.
Tenant shall be responsible for all replacements, repairs and maintenance required to be made to
the Property and the Improvements. Tenant agrees to maintain said Property and Improvements
in good repair and condition throughout the term of this Lease. Without limiting the generality of
the foregoing, Tenant shall also be responsible for general sweeping and cleaning and snow and
ice removal on the Property and shall keep and maintain in good order and repair the buildings,
walkways, parking and paved areas, landscaping and all other improvements to be erected on the
Property. All repairs, replacements and renewals shall be made promptly and be at least equal in
quality and class to the original work. Tenant shall keep the trash in receptacles in enclosed areas.
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ARTICLE 11. EQUIPMENT, FIXTURES AND SIGNS.
11. 1 Tenant's Property. All furnishings, fixtures, equipment and signs used on the Property
that have been supplied to or installed on the Property by Tenant will remain the property of the
Tenant, and the Tenant will have the right to remove same or any part thereof from the Property
during the term of this Lease, or at the expiration thereof; provided, however, that the Tenant in
so doing does not cause any irreparable damage to the Property or those Improvements thereon
that will remain the property of the Landlord, and provided further, that the Tenant will pay or
reimburse the Landlord for the reasonable expense of repairing the damage caused by such
removal.
11.2 Sign Expenses and Restrictions. The expenses of obtaining permits and compliance with
state and municipal and other local statutes, ordinances and regulations for all signs to be installed
at the Property shall be borne solely by Tenant.
11.3 Signs. Tenant shall be permitted to identify the Property to the public by use of interior
and exterior signs and other means consistent with local laws, ordinances and regulations.
ARTICLE 12. SURRENDER OF THE PROPERTY AND ALTERATIONS.
12.1 Surrender. Upon termination of this Lease, whether as a result of the expiration of the
term of this Lease or sooner termination by Landlord or Tenant, or for any cause, the Tenant shall
promptly surrender possession of the Property and all buildings thereon and improvements
thereto, without notice, reasonable wear and tear excepted. Title to the Improvements on the
Property shall vest in the Landlord at the termination of this Lease, and until the termination or
expiration of the Lease hereto, or any extensions, the building which constitutes a portion of the
Improvements shall be Tenant's personal property.
12.2 Alterations. Tenant may make any alterations, additions, replacements or improvements
to the Property with Landlord's prior consent provided that any alterations to the Improvements
shall become part of the Improvements. All work at the Property, both before and after initial
construction work, is to be at Tenant's own expense and must be performed in a good
workmanlike manner, and in accordance with all municipal, state and federal requirements
applicable thereto.
ARTICLE 13. INDEMNITY.
Tenant shall indemnify Landlord against and hold it harmless from any and all liabilities,
obligations, damages, penalties, claims, costs and expenses, includingreasonable attorneys' fees,
paid or incurred as a result of or in connection with (i) the carelessness, negligence or improper
conduct of Tenant, any subtenant, or any of their agents, contractors, employees, customers
invitees, or licensees, or (ii) any breach by Tenant, any subtenant, or any of their agents,
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contractors, employees, customers, invitees or licensees, of any covenant or condition of this
Lease.
ARTICLE 14. INSURANCE.
14.1 General Liability Insurance. The Tenant agrees that it will, at its sole cost and expense,
obtain and keep in force and effect, in the names of the Landlord and Tenant, as "named insured"
parties, comprehensive general liability insurance coverage against any and all claims for personal
injury or property damage occurring in, about or upon the Property during the term ohhis Lease.
Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and
Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability
Extensions or equivalent; (E) Deletion of all explosion, Collapse and Underground (SCU)
Exclusions, if applicable. Such insurance shall be maintained with limits ofliability of not less
than $500,000.00 per occurrence combined single limit for both bodily injury and property
damage, and $2,000,000.00 annual aggregate. Comprehensive general liability shall be on an
occurrence basis.
14.2 Fire and Extended Coverage. The Tenant agrees that it will, at its cost and expense,
obtain and keep in force and effect in the names of the Landlord and Tenant, as "named insured"
parties, as their interests may appear, an "all risk" or "risks of physical loss" insurance policy or
policies, or the insurance industry equivalent, protecting the building and all Improvements on the
Property from loss or damage within the coverage of such insurance policy(ies) for a sum not less
than 100% of the greater of the full insurable value thereof or the replacement value, if available,
of said building(s) and Improvements, excluding foundation and site work.
14.3 Workers' Compensation Insurance. Tenant or its contractors and subcontractors shall
procure and maintain during the life of this contract, Workers' Compensation Insurance, including
Employers Liability Coverage, in accordance with all applicable Statutes of the State of Michigan.
14.4 Insurance Policy Requirements. Under all policies of insurance referred to in Section 14.1
and 14.2 above, Tenant agrees to cause the insurance companies issuing the aforesaid policies of
insurance to forward to Landlord certificates of insurance. All insurance provided by Tenant as
required by this Article shall be procured from companies authorized to do business in Michigan
and written by companies reasonably acceptable to Landlord. All such insurance policies shall
provide for payment of loss thereunder to Tenant, renewals of the policies shall be delivered to
Landlord at least 30 days prior to written notice to Landlord, and notice of cancellation and non-
renewal. All insurance provided for in this Lease may be in the form of a general coverage,
floater policy or blanket policy which may be furnished by Tenant or any entity related to Tenant.
14.5 Tenant Property. In addition to all other insurance required in this Lease to be carried by
Tenant, Tenant shall carry insurance to cover other property, fixtures, furnishings, equipment and
inventory, and such policy or policies shall include waiver(s) of subrogation as required in Article
16.
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14.6 Proof oflnsurance Coverage. The Contractor and Subcontractors shall provide the
Landlord at the time the contracts are returned by him for execution, certificates and policies
endorsing the Landlord as additional insured as listed below:
a. Two copies of Certificate oflnsurance for Workers' Compensation
Insurance;
b. Two copies of Certificate oflnsurance for Commercial General Liability
Insurance;
c. Original Policy, or original Binder pending issuance of policy, for Owner's
and Contractor's Protective Liability Insurance; and
d. If so requested, Certified Copies of all policies mentioned above will be
furnished.
14.7 Insurance Proceeds. Landlord and Tenant agree that in the event of loss under any policy
or policies required above, Tenant shall proceed with the repair and restoration of the Property,
including for damage or destroyed buildings and other Improvements in accordance with Article
15 hereof and that the insurance proceeds shall be paid to Tenant for application to such repair
and restoration. If, for any reason, Landlord must perform repair or restoration following a loss,
proceeds of insurance necessary to perform such repair and restoration shall be and become the
absolute property of Landlord. In the event this Lease is terminated, all proceeds of insurance and
all claims against insurers shall be and become the absolute property of Landlord.
ARTICLE 15. OBLIGATION TO REBUILD.
15.1 Conditions of and During Rebuilding. Subject to the provisions of Section 15.2, in the
event the Improvements on the Property are damaged or rendered totally or partially untenantable
by fire or other casualty, Tenant will immediately give Landlord written notice thereof, and the
Tenant will repair or restore said buildings and Improvements to their condition prior to such fire
or casualty. Repair and restoration hereunder shall include rebuilding the building and other
Improvements in order that the Property shall contain buildings and other improvements of the
same general type of construction or better. The proceeds of the pertinent insurance policy or
policies, hereinabove mentioned, shall be applied to the cost ofrepairing or restoring said
buildings and Improvements.
15.2 Tenant's Right to Avoid Rebuilding. Should the buildings and Improvements on the
Property be so damaged or destroyed so as to render same totally or substantially untenantable,
Tenant shall have the right and option to declare the Lease terminated, and in the event of the
exercise of same by Tenant, the insurance proceeds shall be distributed to the Tenant and the
Landlord as follows:
0 (iii) The Tenant shall be entitled to the portion of the insurance proceeds that are
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designated as being applicable to damage to the Tenant's furniture, trade fixtures,
equipment, material, supplies and other items of personal property of the Tenant
located within the Property.
(iv) The Landlord shall be entitled to that portion of the insurance proceeds that are
designated as being applicable to damage to the Improvements.
If Tenant desires to exercise its option to terminate, it shall make known its intention to do
so by written notice delivered to the Landlord within 90 days after the date of such damage or
destruction. If Tenant does not exercise such option, then this Lease shall not terminate and
Tenant shall rebuild the building and Improvements pursuant to Section 15 .1 above.
ARTICLE 16. WAIVER OF SUBROGATION.
Landlord releases Tenant and Tenant's officers, directors, employees, volunteers and
agents from liability for loss or damage to the Property that is covered by valid and collectible fire
insurance with an extended coverage endorsement. Tenant releases Landlord and Landlord's
employees, agents, officers, elected officials and volunteers from liability for loss or damage to
any of Tenant's property situated in the Property that is covered by valid and collectible fire
insurance with an extended coverage endorsement. The foregoing releases shall not be limited to
the liability of the parties to each other, but shall also apply to any liability to any person claiming
through or under the parties pursuant to a right of subrogation or otherwise. The releases shall
apply even if the loss or damage shall have been caused by the negligence of a party or any person
for whom a party may be responsible. Each fire and casualty insurance policy carried by Tenant
with respect to Tenant's property and by Landlord with respect to the Adjacent Property shall
include a waiver of subrogation clause or endorsement.
ARTICLE 17. CONDEMNATION.
17.1 Total Condemnation. In the event that all of the Property are taken or condemned by any
competent authority for any public or quasi-public use or purpose, this Lease will terminate as of
the date of the title transfer. If there is less than total condemnation of the Property, but the
remainder of the Property are not, in the Tenant's reasonable judgment, conducive for Tenant to
effectively carry on its business therein, then this Lease shall terminate as of the date of the title
transfer.
17 .2 Restoration of Property. In the event of a partial taking that does not result in termination
of this Lease, the net award shall be applied to pay the cost of restoration of the Property in the
manner provided in Article 14 for paying out insurance proceeds. The balance, if any, shall be
paid to Landlord.
17.3 Distribution of Condemnation Award. Subject to the provisions of Sections 17.1, 17.2
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and 17.3 and except as specifically set fotth below, the entire compensation award for any taking
shall belong to and be the property of Landlord, including, but not limited to, all damages as
compensation for diminution in value of the leasehold, reversion and fee, without any deduction
therefrom for any present or future estate of Tenant, and Tenant hereby assigns such award to
Landlord, except that Tenant shall be entitled to receive such portion thereof as may be allocated
to compensation for Tenant's trade fixtures and costs ofremoval of Tenant's property and
relocation expenses and any other award that does not have the affect of reducing Landlord's
award, provided that Tenant proves such damages in any condemnation proceeding.
ARTICLE 18. ENTRY BY LANDLORD.
Landlord may enter the Property at reasonable times upon reasonable notice for the purpose of
inspecting them, preventing waste, loss or destruction, enforcing any of its rights or powers under
this Lease, or making such repairs or alterations as it is required or permitted to make. The
obligations of Tenant under this Lease shall not be affected by any such entry.
ARTICLE 19. ASSIGNMENT OR SUBLETTING.
19 .1 Tenant may not assign, sublease or transfer its interest in this Lease or the Property or any
part thereof without the express written consent of Landlord. Landlord may at its sole discretion
grant or deny Tenant's request to assign, sublet or transfer for any reason. Any assignment,
transfer, hypothecation or mortgage of this Lease without Landlord's express written consent or
as herein restricted shall entitle the Landlord to reenter and repossess the Property. In the event
of any subletting, assignment or other transfer under this Section, Tenant shall remain jointly and
severally liable with the sublessee, assignee or transferee, for the obligations of Tenant under this
Lease. No assignment or subletting and no acceptance by Landlord of any rent or other sum of
money from any assignee or sublessee shall release the Tenant from any of its obligations under
this Lease. Copies of all subleases and assignment and transfer documents shall be provided to
the Landlord within 30 days after they are signed.
ARTICLE 20. DEFAULT.
20.1 Events of Default. In the event the Tenant fails to pay when due any of the rentals or
other amounts provided for herein or fails to promptly keep and perform any other affirmative
covenant in this Lease, the Landlord, prior to taking any other action, shall give the Tenant notice
specifying the default(s). The Tenant shall have 10 days after receipt of same notice to correct
any default in the payment of rents or other sums due hereunder, and 30 days after receipt of said
notice to correct any other default(s). If the Tenant fails to correct said default(s) within the
specified time; or if Tenant shall file a petition in voluntary bankruptcy under the federal
bankruptcy act or similar law, state or federal, whether now or hereafter existing, or any answer
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admitting insolvency or inability to pay its debts, or fails to obtain a vacation or stay of
involuntary proceedings within 90 days, as hereinafter provided; or if Tenant shall be adjudicated
as bankrupt, or a trustee or receiver shall be appointed for Tenant or for all of its property or the
major part thereof in any involuntary proceedings, or any court shall have taken jurisdiction of the
property of Tenant or the major part thereof in any involuntary proceeding for reorganization,
dissolution, liquidation, or winding up of Tenant, and such trustee or receiver shall not be
discharged or such jurisdiction relinquished or vacated or stayed on appeal or otherwise within 90
days; or if Tenant shall make an assignment for the benefit of its creditors or if Tenant shall be in
default on any mortgage secured by Tenant's interest in this Lease or affecting the Property
beyond any applicable cure period; then in any such event the Landlord may, at its election,
declare the term of this Lease ended and with or without electing to terminate this Lease, which
election shall only be made in writing, re-enter the leased Property and the buildings and any other
improvements thereon, with or without process oflaw, and take possession thereof by reasonable
force, without re-entry and repossession working a termination of this Lease with forfeiture of the
rents to be paid and the covenants to be performed by Tenant during the full term of this Lease;
and/or Landlord may relet the Property.
20.2 Additional Tenant Notice. In the event that this Lease is assigned or transferred by the
Tenant with Landlord's consent, but without Tenant's being released hereunder, and should any
default occur requiring notice as hereinbefore provided in this Article, Landlord agrees that it will
furnish Tenant with a copy of such notice at the same time that it is sent to such assignee or
transferee. In the event that such default is not corrected by such assignee or transferee during
the specified time period, the Tenant shall have an additional period of IO days to correct such
default, and, upon correction of such default, the Tenant shall have the right and option to resume
actual possession of said Property as Tenant for the unexpired term of the lease.
20.3 Remedies Cumulative. The foregoing provisions for the termination of this Lease, at
Landlord's election for any default, shall not operate to exclude or suspend any other remedy of
Landlord for breach of any portion of the Lease by Tenant or for the recovery ofrent, additional
rent, any other sums owing hereunder, or any advance by Landlord made under this Lease. Each
right, power and remedy of Landlord provided for in this Lease or now or hereafter existing at
law or in equity or by statute or otherwise shall be cumulative and concurrent and shall be in
addition to every other right, power or remedy provided for in this Lease or now or hereafter
existing at law or in equity or by statute or otherwise, and the exercise or beginning of the
exercise by Landlord of any one or more of the rights, powers or remedies provided for in this
Lease or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude
the simultaneous or later exercise by Landlord of any or all such other rights, powers or remedies.
20.4 Diligent Cure of Default. If any default by Tenant occurs, other than in the payment of
money, which cannot with due diligence be cured within a period of30 days, and if the Tenant
commences to eliminate the cause of such default within said 30 day period and proceeds
diligently and with reasonable dispatch to take all steps and do all work required to cure such
default and does so cure the default(s) and notifies Landlord accordingly, then the Landlord shall
not have the right to declare the Lease terminated by reason of such default.
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ARTICLE 21. ATTORNEY'S FEES.
The Landlord and Tenant agree that in the event that either receives a court's judgment
against the other, the unsuccessful party shall pay all court costs, including the other party's
reasonable attorney's fees, that may be incurred because of any adjudicated breach by either party
or any condition of covenant in this Lease.
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ARTICLE 22. W AIYER.
The failure of the Landlord or Tenant to insist upon prompt and strict performance of any
of the terms, conditions or undertakings of this Lease, or to exercise any option herein conferred,
in any one or more instances shall not be constrned as a waiver of the same or any other term,
condition, undertaking or option.
ARTICLE 23. NOTICE.
All notices required hereunder shall be in writing and shall be mailed by Certified or
Registered Mail, postage prepaid, addressed to the following:
Landlord: The City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon,MI 49443-0536
Attn: City Manager
Tenant: Great Lakes Naval Memorial and Museum
P.O. Box 1692
Muskegon,MI 49443-1692
Attn: Executive Director
Any party desiring change of address shall make such change known in writing to the other party.
Properly mailed notices that are delivered to the place to which they are properly addressed shall
be effective when received. If a properly mailed notice is delivered to the place to which it is
properly addressed and is refused or unclaimed, notice shall nevertheless be effective when
delivered. In the event a properly mailed and addressed notice from Landlord to Tenant is refused
or unclaimed, Landlord may effectively serve such notice by delivery to the Property, or by
ordinary U.S. Mail effective upon mailing.
ARTICLE 24. RECORDATION, SHORT FORM.
This Lease shall not be recorded. Landlord agrees, upon Tenant's request, to execute a
short form of this Lease, entitled Memorandum of Lease. Tenant may record such short form
Lease at its sole cost and expense. The provisions of this Lease shall control, however, in regard
to any omissions from said short form, or in respect to any provisions of this Lease that may be in
conflict with such short form.
ARTICLE 25. PARTIES BOUND.
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The terms, covenants, agreements, conditions and unde1iakings contained herein shall be
binding upon and shall inure to the benefit of the heirs, successors in interest and assigns of the
parties hereto.
ARTICLE 26. ENTIRE AGREEMENT, MODIFICATION, SEVERABILITY.
This Lease contains the entire agreement between the parties hereto and no representation,
inducements, promises or agreements, oral or otherwise, entered into prior to the execution of
this Lease will alter the covenants, agreements and undertakings herein set forth. This Lease shall
not be modified in any manner, except by an instrument in writing executed by the parties. If any
term or provision of this Lease or the application thereof to any person or circumstance shall, to
any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such
term or provision to persons or circumstances other than those to which it is held invalid or
unenforceable, shall not be affected thereby and each term and provision of this Lease shall be
valid and be enforced to the fullest extent permitted by law.
ARTICLE 27. UTILITIES PAYMENTS.
The Tenant will pay when due all usage charges for gas, water, electricity and any other
utility service provided to or used on the Property by or for the Tenant. In the event there is a
failure of a utility company to provide heat, electricity or other power, there shall be no liability on
the part of the Landlord, unless caused by Landlord's negligence or misconduct.
ARTICLE 28. ENVIRONMENTAL MATTERS.
Tenant agrees that during the Lease Term and throughout its occupancy of the Property, it
shall be responsible for environmental matters related to the Property and Landlord's prope1iy as
follows:
a. The term "Hazardous Substance," as used in this Lease, shall mean any pollutant,
contaminant, toxic or hazardous waste, dangerous substance, potentially dangerous
substance, noxious substance, toxic substance, flammable, explosive, radioactive
material, urea formaldehyde (such as foam insulation), asbestos, polychlorinated
biphenyls (PCBs), chemicals known to cause cancer or reproductive toxicity, or any
other substances the removal of which is required or the manufacture, preparation,
production, generation, use, maintenance, treatment, storage, transfer, handling or
ownership of which is restricted, prohibited, regulated or penalized by any federal,
state, county or municipal statute, law, ordinance or regulation now or any anytime
hereafter in effect, including but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA, 42 U.S.C. §§9601 et seq.), the
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Hazardous Materials Transportation Act (49 U .S.C. §§ 1801 et seq.) the Resources
Conservation and Recovery Act (RCRA, 42 U.S.C.§§6901 et seq.), the Federal Water
Pollution Control Act (33 U.S.C. §§1251 et seq.), the Clean Air Act (42 U.S.C.
§§7401 et seq.), the Toxic Substances Control Act, as amended (15 U.S.C. §§2601 et
seq.), the Emergency Planning and Community Right to Know Act of 1986 (42
U.S.C. §§ 11001 et seq.), and the Occupational Safety and Health Act (OSHA 29
U.S.C. §§651 et seq.), as these laws have been amended or supplemented.
b. Tenant shall not cause: (A) any violation of any federal, state or local law, ordinance
or regulation now or thereafter enacted, related to environmental conditions on, under
or about the Property, or arising from Tenant's use or occupancy of the Property,
including without limitation, soil and ground water conditions; or (B) the use,
generation, release, manufacture, refining, production, processing, storage or disposal
of any Hazardous Substance on, under, or about the Property, or the transportation to
or from the Property of any Hazardous Substance, except for use and storage only of
substances customarily and ordinarily used in a business such as Tenant's provided the
same are used and stored in accordance with all applicable Laws and regulations.
c. Tenant shall, at Tenant's own expense, comply with all laws regulating the use,
generation, storage, transportation, or disposal of Hazardous Substances ("Laws").
d. Tenant shall indemnify, defend and hold harmless Landlord, and its employees from all
fines, suits, procedures, claims, damages, judgments, and actions of every kind, and all
costs associated therewith (including attorney's and consultant's fees) arising out of or
in any way connected with any deposit, spill, discharge, or release of any Hazardous
Substance caused by Tenant, that occurs during the term of this Lease, at or from the
Property, or from Tenant's failure to provide all information, make all submissions,
and take all steps required by all governmental authorities under the Laws and all other
environmental laws. Without limitation of the foregoing, if Tenant causes or permits
the presence of any Hazardous Substance on the Property and such results in
contanrination, Tenant shall promptly, at its sole expense, take any and all necessary
actions to return the Property to the condition existing prior to the presence of any
such Hazardous Substance on the Property.
e. Landlord shall indemnify, defend and hold harmless Tenant, and its officers, directors
and employees from all fines, suits, procedures, claims, damages, judgments and
actions of every kind and all costs associated therewith (including attorney's and
consultant's fees) arising out of or in any way connected with any deposit, spill,
discharge or other release of a Hazardous Substance which occurred prior to the
Commencement date or that is caused by Landlord, its agents or employees, that
occurs during the term of this Lease, at or from the Property.
Tenant's and Landlord's obligations and liabilities under this Section shall survive the expiration
of this Lease.
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ARTICLE 29. LEASEHOLD MORTGAGE.
29.1 Right to Mortgage Leasehold. Tenant shall have the right to mortgage its interest in this
Lease to a bank, insurance company or other bona fide institutional lender, provided that any such
leasehold mortgage shall be subject and subordinate to the rights of the Landlord hereunder, and
the rights of any present or future mortgagee of Landlord that uses the Property as security, and
provided that all the terms and conditions of the Tenant's mortgage loan are reasonably
satisfactory to Landlord. In no event shall Landlord be required to subordinate its fee simple title
in the Property to Tenant's leasehold mortgage or mortgagee.
29.2 Notice to Leasehold Mortgage. If Tenant shall mortgage its interest in this Lease in
accordance with this Article, and if Tenant or the leasehold mortgage shall have notified Landlord
in the manner hereinafter provided for the giving of notice by Tenant to landlord of the address to
which any notices to the leasehold mortgagee are to be mailed, then Landlord shall not be
empowered to terminate this Lease by reason of the occurrence of any default, unless and until
landlord shall have given the leasehold mortgagee a copy of its notice to Tenant of such default
and leasehold mortgagee has received an opportunity to cure such default as provided in Section
31.3 below.
29.3 Leasehold Mortgagee's Right to Cure. The leasehold mortgagee shall have the right to
remedy any default under this Lease or to cause the same to be remedied and Landlord shall
accept such performance by or at the instance of such leasehold mortgagee as if the same had
been made by Tenant. There shall be added to any grace period allowed by the term of this Lease
to Tenant for curing any default, an additional 30 days (or if a non-monetary default cannot be
reasonably cured with said 10 day period, and the leasehold mortgagee thereafter diligently
pursues to cure such default, such additional period as is required), for such leasehold mortgagee
to cure the same beyond the time allowed to Tenant.
29.4 Holder Through Foreclosure. The leasehold mortgagee may become the legal owner and
holder of Tenant's leasehold estate under this Lease by foreclosure of its leasehold mortgage or as
a result of the assignment of Tenant's leasehold interest in lieu of foreclosure.
29.5 New Lease with Leasehold Mortgagee. In the event of termination of this Lease or any
succeeding lease made pursuant to the provisions of this Lease prior to its expiration date,
Landlord will enter into a new lease of the Property with the leasehold mortgagee, for the
remainder of the term, effective as of the date of such tennination, at the rent, additional rent and
upon the covenants, agreements, provisions and terms hereof, provided that the leasehold
mortgagee makes written request to Landlord for such new lease within 30 days from the date of
such termination and such written request is accompanied by payment of all amounts then due to
Landlord and by curing of any other defaults which are susceptible of being cured by the payment
of money.
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ARTICLE 30. REAL ESTATE BROKER.
Landlord and Tenant each represent and warrant to the other that they have not dealt with
any real estate broker or agent or any finder in connection with the transaction represented by this
Lease. Landlord and Tenant each hereby indemnify and agree to save harmless the other party
from and against the claims of or liability to any real estate broker or agent or any finder for
commissions or fees in connection with the transaction.
ARTICLE 31. SALE OF PROPERTY BY LANDLORD.
In the event of the sale, transfer or assignment by Landlord of the Property or the real
estate of which the Property form a part, it shall be sold subject to this Lease. Provided the
Transferee assumes in writing all of Landlord's obligations under this Lease and such written
instrument is provided to Tenant within 30 days of the transfer, the original Landlord shall then be
released of all obligations under this Lease accruing subsequent to the date of transfer, and the
new owner shall be responsible, as the new Landlord, under the terms and conditions of this
Lease. It is the intent that this Lease shall run with the land and not be personal to the landowner.
ARTICLE 32. REPRESENTATION OF NEITHER PARTY.
The parties have reached an agreement in this matter independent of any representation from
attorney William J. Meier, John C. Schrier or the law firm of Parmenter O'Toole. The parties
acknowledge that Parmenter O'Toole represents both Landlord and Tenant in various matters.
However, Parmenter O'Toole has never in any capacity represented either party in this transaction
or in any negotiations between Landlord and Tenant. The parties have requested that Parmenter
O'Toole draft this Agreement consistent with their agreement and Parmenter O'Toole has agreed
to do so acting only as a scrivener. Parmenter O'Toole has drafted this Agreement on behalf of
neither party, but it may contain provisions that may be adverse to Landlord and Tenant. Both
parties are strongly encouraged to retain independent counsel to review the documents and advise
the parties. Both parties agree they have not retained Parmenter O'Toole in this transaction other
than to put their agreement in writing and neither shall depend on Parmenter O'Toole for legal
advice with regard to this transaction.
ARTICLE 33. OPTION TO RENEW
IfTenant is not in material default in the performance of any of the terms, covenants and
conditions in this Lease, Tenant may extend the term of this Lease for one additional term of30
years. In order to exercise this option, Tenant must give notice of its intent to exercise the option
to Landlord at least 90 days prior to the expiration of the initial term. If Tenant does not give
such notice at least 90 days prior to the expiration of the initial term, the right of Tenant to
exercise the option will expire and the term of this Lease will end at the end of the initial term.
- 19 -
-City Lease BR9164.wps
The terms of this Lease shall remain in full force and effect during any renewal term.
ARTICLE 34. MISCELLANEOUS PROVISIONS.
34.1 Captions. Captions are inserted only as a matter of convenience and for reference and in
no way define, limit or describe the scope of this Lease or the intent of any provision herein.
34.2 Applicable Law, Venue and Jurisdiction. This Lease shall be construed under the laws of
Michigan and shall not be construed strictly in favor of or against either Landlord or Tenant in
resolving ambiguities or disputes concerning its terms.
34.3 Gender, Singular and Plural. Whenever in this Lease words, including pronouns, are used
in the masculine, they shall be read in the feminine or neuter whenever they so apply and vice
versa, and words in this Lease that are singular shall be read as plural whenever the latter apply
and vice versa.
34.4 Force Majeure. In the event there is a strike, riot, act of God, shortage of material or
other thing or item beyond the control of the Landlord or Tenant preventing the Landlord or
Tenant from performing under this Lease, it shall not constitute a breach or other violation of this
Lease for so long as Landlord or Tenant is disabled by such act or governmental regulation from
performing hereunder, provided, however, that Tenant shall not be excused from paying the rent
reserved under this Lease solely by reason of this Section.
34.5 Severability. All rights, powers and remedies provided herein may be exercised only to
the extent that the exercise thereof does not violate any applicable law, and are intended to limit
to the extent necessary so that they will not render this Lease invalid, illegal or unenforceable, the
validity of the other terms of this Lease shall be deemed an original copy hereof, this 23RD
day of NOVEMBER , 2004.
- 20-
-City lease BR9164.wps
IN WITNESS WHEREOF, the said Landlord and the said Tenant, by their duly
authorized officers or partners, have set their hands in duplicates, each of which shall be deemed
an original copy hereof, this 2 3 day of NOVEMBER , 2004.
EXHIBIT A
Legal for Property
Lots 1 and 2, Block 748, vacated Lake Street adjacent to Lot 1 and the West 1/2 of Browne
Street vacated North from the South line of Lot 6, Block 745 extended, all being in the Revised
Plat of 1903 of the City of Muskegon, Section 28, Town 10 North, Range 17 West, City of
Muskegon, Muskegon County, Michigan.
and
Lots 2, 4, 5 and 6, Block 745, vacated Lake Street adjacent to Lots 2, 3, 4, 5 and 6, Block 745
and the East 1/2 of Browne Street vacated North from the South line of Lot 6, Block 745
extended, all being in the Revised Plat of 1903 of the City of Muskegon, Section 28, Town 10
North, Range 17 West, City of Muskegon, Muskegon County, Michigan.
- 21 -
-City Lease BR9164.wps
EXHIBITB
SURVEY
- 22 -
-City Lease BR9164.wps
Commission Meeting Date: November 23, 2004
Date: November 16, 2004
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Approval of Contractor for Construction of three
homes under Walton Street Renaissance AKA
Hilltop View.
SUMMARY OF REQUEST: To approve the contract with Rich
Construction P.O. Box 125 Fremont, Michigan who submitted the lowest
bid for the first phase of construction for three homes on Walton Street
for the aggregate price $352,214. The name of the project is Walton
Street Renaissance AKA Hilltop View. The CNS department received
four other bids.
Bantam Group 962 Stonewood Spring Lake $365,110.
Paul Witek Builders 766 Snaedle Dr. Whitehall
$367,320
TopNotch Design 4740 Jensen Fruitport $386,250,
Wasco/Briggs Enterprise 525 Dangl Road Muskegon
$481,662
This project is a joint venture between The City of Muskegon
Community and Neighborhood Services, Neighborhood Investment
Corporation and Fifth Third Bank
FINANCIAL IMPACT: The funding for the project will be taken from the
City's 2003 HOME funds, Neighborhood Investment Funds and Funds
allocated by Fifth Third Bank. The City of Muskegon Contribution will
$285,000.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the contract with the fore
mentioned contractor and direct the Mayor and Clerk to sign the
contract.
COMMITTEE RECOMMENDATION: None needed.
Floor plans for Traditional house plan 47-344 Page I of 5
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Traditional House Plan 47-344 details
Be drooms: 3 House Plan Features
Bathrooms: 2.0 • suited for view lot
Ho use Le vels: 3 • suited for narrow lot
Garage Stalls: 2 • suited for hillside
House Width: 44 ft • peninsula / eating bar
House Depth: 43 ft · nook / breakfast area
Ma in Floor Are a : 1363 sq ft • upstairs master bed room
Lower Floor Area: 848 sq ft · garage under
TOTAL LIVING AREA: 1363 sq ft • workshop
5-Set Plan Price: $520 · unfin ished/ future space
(Construction Set) more info · storage area
· daylight basement
See estimated cost to bu ild [!Ian
House Foundations Available
· Daylight basement (no additional charge)
(If your foundat ion preference is not available, please contact us)
House Plan Options Available
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Floor plan s for Traditional house plan 20-415 Page 1 of 4
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Traditional House Plan 20-415 details
Bedrooms: 3 House Plan Features
Bathrooms: 2.0 · suit ed for hillside
House Levels: 3 · volume / vault ed cei ling
Garage Stalls: 2 • ope n fl oor plans
House Width: 53 ft · great room
House Depth : 30 ft · kitc he n island
Main Floor Are a: 1385 sq ft • upsta irs m aster bedroom
TOTAL LIVING AREA: 1385 sq ft · walk- in closet
5-Set Plan Price: $725 · garage under
(Construction Set ) more info • unfinished / future space
· daylight basem ent
See estimated cost to build 11lan
House Foundations Available
· Daylight basement (no additiona l cha rge)
(If your foundation preference is not available, p lease contact us)
House Plan Options Available
• Study Plans Set ($250 tota l) more info
• Rep rod ucible Plans Set ($845 total) more info
· House Materials List ($50 extra) more Info
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Floor plans for Traditional house plan 47-236 Page 1 of 5
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Traditional style homes are some of the most common built throughout th U
homes usually do not have porches but may feature covered entryways. Hi !..l
what's included
gables are common. I
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elevations and all floor plans. You can add this Traditional style plan to your W:l#~~~ff>
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Floor plans for Traditional ho use plan 47-236 Page 2 of 5
Traditional House Plan 47-236 details
Bedrooms: 3 House Plan Fe at ures
Ba throoms: 1.0 • upst air s master bedroom
House Le vels: 3 · unfinished/ futu re space
Garage Stalls: 2 · daylight basement
House Width: 55 ft
House Depth: 44 ft
House He ight: 19 ft info
Ma in Floor Area: 1257 sq ft
Lowe r Floor Area: 1092 sq ft
TOTAL LIVING AREA: 1257 sq ft
5-Set Plan Price: $520
(Const ruction Set) more info
See estimated cost to build ~Ian
House Foundations Available
· Daylight basement (no addit ional char ge)
(If your foundation preference is no t available, please contact us)
House Pla n Options Available
· Single Plans Set ($480 total) more info
• Repr oduci ble Plans Set ($720 tot al) more info
· CAD File Plans Set ($1040 total) more info
· House Materials Li st ($75 extra) more info
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Commission Meeting Date: November 23, 2004
Date: November 19, 2004
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Purchase of 1983 Hoyt
SUMMARY OF REQUEST: To approve the purchase of 1983 Hoyt from
the U. S. Dept. of HUD for $1.00 through its Good Neighbor program. In
which, a municipality can purchase a home for one dollar, if a property is
on the market for more than six months.
After 1983 Hoyt is obtained the City will totally rehabilitate the structure
and sale it to a qualified family continuing the City's aggressive
neighborhood revitalization efforts.
FINANCIAL IMPACT: The dollar will come from CNS program income
fund.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request to purchase the
$1.00 home.
COMMITTEE RECOMMENDATION: None needed
City of Muskegon
State of Michigan
Certificate of Recognition
WHEREAS; Muskegon High School Big Reds Football team recently won the State Division II
Football Championship; and
WHEREAS; Special commendation is due to all team members, to Coach Annese and his
staff, for their teamwork, sportsmanship, and outstanding work ethic in achieving
a great season of football with a 14 - 0 record; and
WHEREAS; The Muskegon Big Reds coaches are to be commended for their efforts to stress
character and sportsmanship as well as athletic prowess; and
WHEREAS; This Muskegon Big Reds team accomplished much in creating goodwill and
positive feelings about the Muskegon community and they wrote another
chapter in the storied history of Muskegon High School football in winning the
school's 15th stale championship.
SO, NOW THEREFORE BE IT RESOLVED that I Mayor Warmington speaking on behalf of the, City
Commission and entire community do hereby extend this expression of our pride
in your accomplishment, and our appreciation for the positive publicity you have
brought to our community by your good sportsmanship and inspired team play
and we deem it an honor and pleasure to present this Certificate of Recognition
to the Muskegon High School Big Reds Football team for giving us all a very
exciting year of football.
IN WITNESS WHEREOF, I have hereunto set our hands and cause the seal of the City of
Muskegon to be affixed this 28th day of November, 2004.
Stephen J. Warmington, Mayor
Bill Larson, Vice Mayor
Chris Carter, Commissioner
Kevin Davis, Commissioner
Stephen Gawron, Commissioner
Clara Shepherd, Commissioner
Lawrence 0. Spataro, Commissioner
City of Muskegon
State of Michigan
Certificate of Recognition
WHEREAS; Orchard View Cardinal's Football team recently won the State Division IV Football
Championship; and
WHEREAS; Special commendation is due to all team members, to Coach McDonald and his
staff, for their teamwork, sportsmanship, and outstanding work ethic in achieving
a great season of football with a 14 - 0 record; and
WHEREAS; The Orchard View Cardinals coaches are to be commended for their efforts to
stress character and sportsmanship as well as athletic prowess; and
WHEREAS; This Orchard View Cardinals team accomplished much in creating goodwill and
positive feelings about the Muskegon community.
SO, NOW THEREFORE BE IT RESOLVED that I Mayor Warmington speaking on behalf of the, City
Commission and entire community do hereby extend this expression of our pride
in your accomplishment, and our appreciation for the positive publicity you have
brought to our community by your good sportsmanship and inspired team play
and we deem it an honor and pleasure to present this Certificate of Recognition
to the Orchard View Cardinals Football team for giving us all a very exciting year
of football.
IN WITNESS WHEREOF, I have hereunto set our hands and cause the seal of the City of
Muskegon to be affixed this 14th day of December, 2004.
Stephen J. Warmington, Mayor
Bill Larson, Vice Mayor
Chris Carter, Commissioner
Kevin Davis, Commissioner
Stephen Gawron, Commissioner
Clara Shepherd, Commissioner
Lawrence 0. Spataro, Commissioner
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