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CITY OF MUSKEGON CITY COMMISSION MEETING JUNE 24, 2003 CITY COMMISSION CHAMBERS@ 5:30 P.M. AGENDA o CALL TO ORDER: o PRAYER: o PLEDGE OF ALLEGIANCE: o ROLL CALL: o HONORS AND AWARDS: o PRESENTATIONS: o CONSENT AGENDA: a. Approval of Minutes. CITY CLERK b. City - MDOT Agreement for: Lincoln, Sherman to Lakeshore Drive. ENGINEERING c. Fireworks Display - Commodores Concert. CITY CLERK d. Change of Polling Place. CITY CLERK e. Lakeshore Trail IV Bids. LEISURE SERVICES f. FIRST READING: Zoning Ordinance Amendment for Banners. PLANNING & ECONOMIC DEVELOPMENT g. Crisis Communications Plan. PUBLIC RELATIONS COMMITTEE o PUBLIC HEARINGS: o COMMUNICATIONS: o CITY MANAGER'S REPORT: o UNFINISHED BUSINESS: o NEW BUSINESS: a. Approval of Resolution, Purchase Agreement and Quit Claim for the Sale of 850 Wood. COMMUNITY & NEIGHBORHOOD SERVICES b. Acceptance of Purchase Agreement from the Muskegon Housing Commission. COMMUNITY & NEIGHBORHOOD SERVICES AND INSPECTIONS c. Approval of Contract with A-1 Professional Construction. COMMUNITY & NEIGHBORHOOD SERVICES d. Veteran's Park Maintenance Agreement. CITY MANAGER e. Vulnerability Assessment Proposal. PUBLIC WORKS f. Rezoning Request for Properties Located Within 'Area 11'. PLANNING & ECONOMIC DEVELOPMENT g. Industrial Facilities Tax Payment Agreement - Burgess-Norton. CITY MANAGER • ANY OTHER BUSINESS: • PUBLIC PARTICIPATION: • Reminder: Individuals who would like to address the City Commission shall do the following: • 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.) • CLOSED SESSION: To discuss pending litigation. • 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: June 24, 2003 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 Commission Worksession that was held on Monday, June 9, 2003; and the Regular Commission Meeting that was held on Tuesday, June 1O, 2003. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING JUNE 24, 2003 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 5:30pm, Tuesday, June 24, 2003. Mayor Warmington opened the meeting with a prayer from Vice Mayor Buie, after which members of the City Commission and members of the public joined in reciting the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Stephen Warmington, Vice Mayor Karen Buie; Commissioners Stephen Gawron, William Larson, Robert Schweifler, Clara Shepherd and Lawrence Spataro; City Manager Bryon Mazade, City Attorney John Schrier and Deputy City Clerk Linda Potter. 2001-50 CONSENT AGENDA: a. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that was held on Monday, June 9, 2003, and the Regular Commisison Meeting that was held on Tuesday, June 10, 2003. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the minutes. b. City - MDOT Agreement for: Lincoln, Sherman to Lakeshore Drive. ENGINEERING SUMMARY OF REQUEST: To approve the contract with MDOT for the milling and resurfacing as well as reconstruction of Lincoln St. between Sherman and Lakeshore Dr. and to approve the resolution authorizing the Mayor and City Clerk to sign the contract. FINANCIAL IMPACT: MDOT's participation is estimated at $353,000 but not to exceed 81.85% of eligible cost. The estimated total cost of the project, including the none participating items of engineering and water main, is $490,000. BUDGET ACTION REQUIRED: None at this time. The City's share of the cost will come out of the Major Street and Water Funds as was budgeted. STAFF RECOMMENDATION: That the agreement and resolution be approved. c. Fireworks Display - Commodores Concert. CITY CLERK SUMMARY OF REQUEST: Management Associates, Inc. is requesting approval of a fireworks display permit for June 28, 2003 during the Commodores performance at the Muskegon Summer Celebration. Fire Marshall Metcalf has reviewed the request and recommends approval contingent on inspection of the fireworks. The insurance coverage has been approved. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks. d. Change of Polling Place. CITY CLERK SUMMARY OF REQUEST: The Muskegon Public Schools will be closing Froebel School that we are currently using for Precinct #4's polling place. We request permission to change the polling place to the Smith Ryerson Bldg., which is just down the hill from Froebe[ School. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the request. f. FIRST READING: Zoning Ordinance Amendment for Banners. PLANNING &. ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request to amend Section 2334 (Signs) of Article XXI II (General Provisions) of the City's Zoning Ordinance in order to permit banners under certain conditions. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to change the proposed language in the article and section described above. COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their 6/12 meeting, with B. Mazade, J. Aslakson, B. Smith, and T. Harryman absent. The vote was unanimous. g. Crisis Communications Plan. PUBLIC RELATIONS COMMITTEE SUMMARY OF REQUEST: The Public Relations Committee and City Staff have reviewed the Crisis Plan and it is now ready to be adopted. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval Motion by Vice Mayor Buie, second by Commissioner Schweifler to approve the Consent Agenda with the exception of Item e. ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington Nays: None MOTION PASSED 2003-51 ITEMS REMOVED FROM CONSENT AGENDA e. Lakeshore Trail IV Bids. LEISURE SERVICES SUMMARY OF REQUEST: To award the contract to the low bidder, Schultz Excavating, to construct phase IV of the Lakeshore Trail. FINANCIAL IMPACT: $314,267 BUDGET ACTION REQUIRED: None, $375,000 was budgeted with 80% coming from MOOT and the remainder from the Golf Course fund. STAFF RECOMMENDATION: Approve. Motion by Commissioner Larson, second by Commissioner Spataro to award the Lakeshore Trail Phase IV Contract to Schultz Excavating. ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro Nays: Warmington, Buie MOTION PASSED 2003-52 NEW BUSINESS: a. Approval of Resolution, Purchase Agreement and QuitClaim for the Sale of 850 Wood. COMMUNITY Et NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To authorize the Mayor and City Clerk to sign the resolution to sell the home, and approve the purchase agreement between David D. Sperry and the City of Muskegon for the purchase of the City owned home located at 850 Wood a.k.a. "Wood Street Revival" for the price of $55,000. The structure at 850 Wood was totally rehabilitated by the Community and Neighborhood Services Department under its HOME rehabilitation program. The CNS office considers the rehabilitation of 850 Wood a.k.a. "Wood Street Revival" to be a major contribution to the blight fight efforts by the City of Muskegon in area 11. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the sale and the purchase agreement to sell 850 Wood a.k.a. "Wood Street Revival" to David D. Sperry and direct the Mayor and City Clerk to sign the quitclaim. Motion by Commissioner Spataro, second by Commissioner Schweifler to approve the purchase agreement, resolution and quitclaim for the sale of 850 Wood St. to David D. Sperry. ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron Nays: None MOTION PASSED b. Acceptance of Purchase Agreement from the Muskegon Housing Commission. COMMUNITY Et NEIGHBORHOOD SERVICES AND INSPECTIONS SUMMARY OF REQUEST: To accept the purchase agreement from the Muskegon Housing Commission concerning seven Housing Commission homes (a.k.a. Turnkey 3). The specific addresses of the homes are 1668 Beidler, 284 Iona, 361 Oak, 383 Catherine, 747 Marcoux, 214 Washington and 404 Washington. The total cost to purchase is seven dollars ($7.00). The City has agreed to acquire all the homes, except 1950 Terrace. The City of Muskegon will demolish 1950 Terrace St., but the Housing Commission will retain ownership. The City will bill the Housing Commission for the cost of the demolition. Four of the properties, 1668 Beidler, 361 Oak, 284 Iona and 404 Washington will be demolished. New homes will be constructed, starting with Beidler and Oak. The City HOME funds will cover the demolition and new construction cost. The other sites will be demolished with CDBG fund and 1950 Terrace will be "torn" down with general funds. FINANCIAL IMPACT: The seven dollars will be taken from the General Fund. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the purchase agreement and direct the Mayor and City Clerk to sign the agreement. Motion by Commissioner Shepherd, second by Commissioner Spataro to approve the agreement from the Muskegon Housing Commission for 1668 Beidler, 284 Iona, 361 Oak, 383 Catherine, 747 Marcoux, 214 Washington and 404 Washington for $7.00 (seven). ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron, Larson Nays: None MOTION PASSED c. Approval of Contract with A-1 Professional Construction. COMMUNITY Et NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To accept the low bid submitted by A-1 Professional of Grand Rapids, Ml for the lead base abatement at the city-owned property located at 503 Octavius for $27,475. After the abatement is competed, the home will be totally rehabilitated and sold to a qualified family as a single-family owner-occupied structure. This project is under the Community and Neighborhood Services Housing Rehabilitation Program entitled "Operation Jackson Hill Urban Renewal Project #1 (Wgirtt) FINANCIAL IMPACT: The cost of this project will be financed with 2001 HOME Funds. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the contract with A-1 for $27,475 to complete the lead base paint abatement at 503 Octavius. Motion by Commissioner Gawron, second by Commissioner Shepherd to approve the contract with A-1 Professional Construction for $27,475 to complete the lead base paint abatement at 503 Octavius. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson, Schweifler Nays: None MOTION PASSED d. Veteran's Park Maintenance Agreement. CITY MANAGER SUMMARY OF REQUEST: To approve the agreement with Muskegon County and the City of North Muskegon for the maintenance of Veteran's Park. FINANCIAL IMPACT: Approximately $16,000. BUDGET ACTION REQUIRED: A budget adjustment is necessary to accommodate this increase. STAFF RECOMMENDATION: To approve the agreement. Motion by Commissioner Schweifler, second by Commissioner Spataro to approve the agreement with Muskegon County and the City of North Muskegon for the maintenance of Veteran's Park, including amendments suggested by the City Manager. ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler, Shepherd Nays: None MOTION PASSED e. Vulnerability Assessment Proposal. PUBLIC WORKS SUMMARY OF REQUEST: To accept the proposal by Tetra Tech MPS to perform a Vulnerability Assessment of the City's water system as required by the Environmental Protection Agency. FINANCIAL IMPACT: Proposal cost of $28,000.00 BUDGET ACTION REQUIRED: May required a budget amendment if funds cannot be found within other line items, as the proposal was not budgeted. STAFF RECOMMENDATION: Recommend Mayor and Commission endorses the proposal from Tetra Tech MPS and enters into contract for performance of the Vulnerability Assessment at a cost of $28,000.00. Motion by Commissioner Gawron, second by Commissioner Schweifler to accept the proposal by Tetra Tech MPS for the cost of $28,000.00 to perform a Vulnerability Assessment of the City's Water System as required by the Environmental Protection Agency. ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, Spataro Nays: None MOTION PASSED f. Rezoning Request for Properties Located Within 'Area 11 '. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request to rezone most of the 1148 properties located within 'Area 11' (bounded generally by Pine St., Walton Ave., Ryerson Creek, Kenneth St., and Irwin Ave.). FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the request. COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their 6/ 12 meeting, with three changes in the proposed zoning. They recommended that 410 E. Apple Ave. be rezoned to B-2 instead of RT, that 1192 Wood St. be rezoned to B-1 instead of RT, and that 1076 Ambrosia, 1080 Ambrosia, 320 Iona, 316 Iona and 310 Iona all be rezoned to R-1 instead of RT. The vote was unanimous with J. Aslakson, B. Mazade, B. Smith and T. Harryman absent. Motion by Commissioner Spataro, second by Vice Mayor Buie to approve the rezoning request for most of the 1148 properties located within 'Area 11' (bounded generally by Pine St., Walton Ave., Ryerson Creek, Kenneth St., and Irwin Ave.). ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington Nays: None MOTION PASSED g. Industrial Facilities Tax Payment Agreement - Burgess-Norton. CITY MANAGER SUMMARY OF REQUEST: To approve the IFT payment agreement with Burgess-Norton to pay Industrial Facilities taxes as a result of the closing of their facility in the City. FINANCIAL IMPACT: $217,390 to be distributed to the taxing jurisdictions. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the agreement. Motion by Commissioner Spataro, second by Commissioner Schweifler to approve the IFT payment agreement with Burgess-Norton to pay Industrial Facilities Taxes as a result of the closing of their facility in the City. ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington, Buie Nays: None MOTION PASSED h. Fireworks Display Permit - LL Cool J Concert at Summer Celebration City Clerk SUMMARY OF REQUEST: To approve the Fireworks Display Permit for the LL Cool J Concert contingent upon approval of insurance certificate and inspection of fireworks by Fire Marshall Metcalf. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve. Motion by Commissioner Schweifler, second by Commissioner Shepherd to approve the Fireworks Display Permit for the LL Cool J Concert contingent upon approval of insurance certificate and inspection of fireworks by Fire Marshall Metcalf. ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron Nays: None MOTION PASSED Motion by Commissioner Schweifler, second by Vice Mayor Buie to go into Closed Session at 6: 33pm to discuss pending litigation. ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Buie, Gawron, Larson Nays: None Excused: Warmington MOTION PASSED Motion by Commissioner Schweifler, second by Commissioner Larson to go into open session at 6:58pm. ROLL VOTE: Ayes: Shepherd, Spataro, Buie, Gawron, Larson, Schweifler Nays: None Excused: Warmington MOTION PASSED 2003-53 CLOSED SESSION: To discuss pending litigation. Motion by Commissioner Schweifler, second by Commissioner Spataro to concur with the recommendation of the City Attorney on housing demolition case. ROLL VOTE: Ayes: Spataro, Buie, Gawron, Larson, Schweifler, Shepherd Nays: None Excused: Warmington MOTION PASSED The Regular Commission Meeting for the City of Muskegon was adjourned at 7:00PM. Respectfully submitted, Gail Kundinger, MMC ~co~ -so 0 Date: June 17, 2003 To: Honorable Mayor and City Commissioners From: Engineering RE: City- MDOT Agreement for: Lincoln, Sherman to Lakeshore Dr. SUMMARY OF REQUEST: To approve the attached contract with MOOT for the milling & resurfacing as well as reconstruction of Lincoln street between Sherman & Lakeshore Dr. and to approve the attached resolution authorizing the Mayor and City Clerk to sign the contract. FINANCIAL IMPACT: MDOT's participation is estimated at $353,000 but not to exceed 81.85% of eligible cost. The estimated total cost of the project, including the none participating items of engineering and watermain, is $490,000. BUDGET ACTION REQUIRED: None at this time. The City's share of the cost will come out of the Major Street and water funds as was budgeted. STAFF RECOMMENDATION: That the attached agreement and resolution be approved. COMMITTEE RECOMMENDATION: RESOLUTION 2003-50 ( b) RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE MILLING & RESURFACING/ RECONSTRUCTION OF LINCOLN STREET FROM SHERMAN TO LAKESHORE DR. TOGETHER WITH THE NECESSARY RELATED WORK AND AUTHORIZATION FOR MAYOR STEPHEN J. WARMINGTON AND CITY CLERK GAIL A KUNDINGER TO EXECUTE SAID CONTRACT Moved by Vice Mayor Buie and supported by Commissioner_-=S.-=cc-"'hC..Cw'-"e'-'i'-'f'-'l=-ce=r=------that the following Resolution be adopted: WHEREAS, entry by the City of Muskegon into Contract no. 03-5204 between the Michigan Department of Transportation and the City of Muskegon for the resurfacing & widening of the southbound exit ramp at US-31 and Sherman Blvd. within the City is in the best interests of the City of Muskegon. RESOLVED, that entry by the City into Contract Agreement Number 03-5204 be and the same is hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for and on behalf of the City of Muskegon. Adopted this 24th day of June , 2003. BY ATTEST ~ Q L,--: Gail A Kundinger, City Clerk CERTIFICATION Thi s resolution was adopted at a meeting of the City Commission, held on June 24 , 2003. 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. CITYOFMU~ By 4i:. g ndinger, Clerk cf'1 STP DIR Project STP 036 I (020) Job Number 56361 Control Section STUL 61407 Fed Item# HH 3544 Contract No. 03-5204 PART! THIS CONTRACT, consisting of PART I and PART II (Standard Agreement Provisions), is made and entered into this date of .JUl 1 O2003 , by and between the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT"; and the CITY OF MUSKEGON, a Michigan municipal corporation, hereinafter referred to as the "REQUESTING PARTY"; for the purpose of fixing the rights and obligations of the parties in agreeing to the following improvements, in the City of Muskegon, Michigan, hereinafter referred to as the "PROJECT" and estimated in detail on EXHIBIT "I", dated April 28, 2003, attached hereto and made a part hereof: PART A-FEDERAL PARTICIPATION Hot mix asphalt paving and concrete pavement replacement work along Lincoln Street from Sherman Boulevard to Lakeshore Drive; including grading and drainage structure adjustment work; and all together with necessary related work. PART B-NO FEDERAL PARTICIPATION Watermain work along Lincoln Street from Sherman Boulevard to Lakeshore Drive; and all together with necessary related work. WITNESS ETH: WHEREAS, pursuant to Federal law, monies have been provided for the performance of certain improvements on public roads; and WHEREAS, the reference "FHWA" in PART I and PART II refers to the United States Department of Transportation, Federal Highway Administration; and WHEREAS, the PROJECT, or portions of the PROJECT at the request of the REQUESTING PARTY, are being programmed with the FHWA, for implementation with the use of Federal Funds under the following Federal program(s) or funding: SURFACE TRANSPORTATION PROG~ (~ f"'\"fV (~.,~ EJY,-~"!~) ·.• - .. ,_.· . . ., 09/06/90 SIP.FOR 4/28/03 I ' .. JUL 01 ?f'03 ,..•-'1.,. f.NG\NE[R\MG OfPl· WHEREAS, the parties hereto have reached an understanding with each other regarding the performance of the PROJECT work and desire to set forth this understanding in the form ofa written contract. NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of the parties and in conformity with applicable law, it is agreed: 1. The parties hereto shall undertake and complete the PROJECT in accordance with the terms of this contract. 2. The term "PROJECT COST", as herein used, is hereby defined as the cost of the physical construction necessary for the completion of the PROJECT. Costs for construction engineering and inspection incurred by the DEPARTMENT will be charged 100 percent to the REQUESTING PARTY. Any other costs incurred by the DEPARTMENT as a result of this contract will be at PROJECT COST. The costs incurred by the REQUESTING PARTY for preliminary engineering, construction engineering and inspection, and right-of-way are excluded from the PROJECT COST as defined by this contract. 3. The DEPARTMENT is authorized by the REQUESTING PARTY to administer on behalf of the REQUESTING PARTY all phases of the PROJECT including advertising and awarding the construction contract for the PROJECT or portions of the PROJECT. Such administration shall be in accordance with PART II, Section II of this contract. Any items of the PROJECT COST incurred by the DEPARTMENT may be charged to the PROJECT. 4. The REQUESTING PARTY, at no cost to the PROJECT or to the DEPARTMENT, shall: A. Design or cause to be designed the plans for the PROJECT. B. Appoint a project engineer who shall be in responsible charge of the PROJECT and ensure that the plans and specifications are followed. C. Perform or cause to be performed the construction engineering and inspection services necessary for the completion of the PROJECT. 09/06/90 STP.FOR 4/28/03 2 The REQUESTING PARTY will furnish the DEPARTMENT proposed timing sequences for trunkline signals that, if any, are being made part of the improvement. No timing adjustments shall be made by the REQUESTING PARTY at any trunkline intersection, without prior issuances by the DEPARTMENT of Standard Traffic Signal Timing Permits. 5. The PROJECT COST shall be met in accordance with the following: PART A Federal Surface Transportation Funds shall be applied to the eligible items of the PART A portion of the PROJECT COST at the established Federal participation ratio equal to 81.85 percent up to an amount not to exceed $366,000. The balance of the PART A portion of the PROJECT COST, after deduction of Federal Funds, shall be charged to and paid by the REQUESTING PARTY in the manner and at the times hereinafter set forth. PARTB The PART B portion of the PROJECT COST is not eligible for Federal participation and shall be charged to and paid 100 percent by the REQUESTING PARTY in the manner and at the times hereinafter set forth. Any items of PROJECT COST not reimbursed by Federal Funds will be the sole responsibility of the REQUESTING PARTY. 6. No working capital deposit will be required for this PROJECT. In order to fulfill the obligations assumed by the REQUESTING PARTY under the provisions of this contract, the REQUESTING PARTY shall make prompt payments of its share of the PROJECT COST upon receipt of progress billings from the DEPARTMENT as herein provided. All payments will be made within 30 days ofreceipt of billings from the DEPARTMENT. Billings to the REQUESTING PARTY will be based upon the REQUESTING PARTY'S share of the actual costs incurred less Federal Funds earned as the PROJECT progresses. In the event of any discrepancies between PART I and PART II, the provisions of PART I shall prevail. 7. Upon completion of construction of the PROJECT, the REQUESTING PARTY will promptly cause to be enacted and enforced such ordinances or regulations as may be necessary to prohibit parking in the roadway right-of-way throughout the limits of the PROJECT. 8. The performance of the entire PROJECT under this contract, whether Federally funded or not, will be subject to the provisions and requirements of PART II that are applicable to a Federally funded project. 09/06/90 STP.FOR 4/28/03 3 9. The REQUESTING PARTY certifies that a) it is a person under 1995 PA 71 and is not aware of and has no reason to believe that the property is a facility as defined in MSA 13A.20101(1)(1); b) the REQUESTING PARTY further certifies that it has completed the tasks required by MCL 324.20126 (3)(h); MSA 13A.20126(3)(h); c) it conducted a visual inspection of property within the existing right of way on which construction is to be performed to determine if any hazardous substances were present; and at sites on which historically were located businesses that involved hazardous substances, it performed a reasonable investigation to determine whether hazardous substances exist. This reasonable investigation should include, at a minimum, contact with local, state and federal environmental agencies to determine if the site has been identified as, or potentially as, a site containing hazardous substances; d) it did not cause or contribute to the release or threat of release of any hazardous substance found within the PROJECT limits. The REQUESTING PARTY also certifies that, in addition to reporting the presence of any hazardous substances to the Department of Environmental Quality, it has advised the DEPARTMENT of the presence of any and all hazardous substances which the REQUESTING PARTY found within the PROJECT limits, as a result of performing the investigation and visual inspection required herein. The REQUESTING PARTY also certifies that it has been unable to identify any entity who may be liable for the cost of remediation. As a result, the REQUESTING PARTY has included all estimated costs ofremediation of such hazardous substances in its estimated cost of construction of the PROJECT. I 0. If, subsequent to execution of this contract, previously unknown hazardous substances are discovered within the PROJECT limits, which require environmental remediation pursuant to either state or federal law, the REQUESTING PARTY, in addition to reporting that fact to the Department of Environmental Quality, shall immediately notify the DEPARTMENT, both orally and in writing of such discovery. The DEPARTMENT shall consult with the REQUESTING PARTY to determine if it is willing to pay for the cost of remediation and, with the FHWA, to determine the eligibility, for reimbursement, of the remediation costs~ The REQUESTING PARTY shall be charged for and shall pay all costs associated with such remediation, including all delay costs of the contractor for the PROJECT, in the event that remediation and delay costs are not deemed eligible by the FHWA. If the REQUESTING PARTY refuses to participate in the cost of remediation, the DEPARTMENT shall terminate the PROJECT. The parties agree that any costs or damages that the DEPARTMENT incurs as a result of such termination shall be considered a PROJECT COST. 11. If federal and/or state funds administered by the DEPARTMENT are used to pay the cost ofremediating any hazardous substances discovered after the execution of this contract and if there is a reasonable likelihood of recovery, the REQUESTING PARTY, in cooperation with the Department of Environmental Quality and the DEPARTMENT, shall make a diligent effort to recover such costs from all other possible entities. If recovery is made, the DEPARTMENT shall be reimbursed from such recovery for the proportionate share of the amount paid by the FHWA and/or the DEPARTMENT and the DEPARTMENT shall credit such sums to the appropriate funding source. 09/06/90 STP.FOR 4/28/03 4 12. The DEPARTMENT'S sole reason for entering into this contract is to enable the REQUESTING PARTY to obtain and use funds provided by the Federal Highway Administration pursuant to Title23 of the United States Code. Any and all approvals of, reviews of, and recommendations regarding contracts; agreements, permits, plans, specifications, or documents, of any nature, or any inspections of work by the DEPARTMENT or its agents pursuant to the terms of this contract are done to assist the REQUESTING PARTY in meeting program guidelines in order to qualify for available funds. Such approvals, reviews, inspections and recommendations by the DEPARTMENT or its agents shall not relieve the REQUESTING PARTY and the local agencies, as applicable, of their ultimate control and shall not be construed as a warranty of their propriety or that the DEPARTMENT or its agents is assuming any liability, control or jurisdiction. The providing ofrecommendations or advice by the DEPARTMENT or its agents does not relieve the REQUESTING PARTY and the local agencies, as applicable of their exclusive jurisdiction of the highway and responsibility under MCL 691.1402, MSA 3.996(102). When providing approvals, reviews and recommendations under this contract, the DEPARTMENT or its agents is performing a governmental function, as that term is defined in MCL 691.1401; MSA 3.996(101), which is incidental to the completion of the PROJECT. 13. The DEPARTMENT, by executing this contract, and rendering services pursuant to this contract, has not and does not assume jurisdiction of the highway, described as the PROJECT for purposes ofMCL 691.1402; MSA 3.996(102). Exclusive jurisdiction of such highway for the purposes ofMCL 691.1402; MSA 3 .996(102) rest with the REQUESTING PARTY and other local agencies having respective jurisdiction. 14. The REQUESTING PARTY shall approve all of the plans and specifications to be used on the PROJECT and shall be deemed to have approved all changes to the plans and specifications when put into effect. It is agreed that ultimate responsibility and control over the PROJECT rests with the REQUESTING PARTY and local agencies, as applicable. 15. The REQUESTING PARTY agrees that the costs reported to the DEPARTMENT for this contract will represent only those items that are properly chargeable in accordance with this contract. The REQUESTING PARTY also certifies that it has read the contract terms ailcfhas made itself aware of the applicable laws, regulations, and terms of this contract that apply to the reporting of costs incurred under the terms of this contract. 16. The parties shall promptly provide comprehensive assistance and cooperation in defending and resolving any claims brought against the DEPARTMENT by the contractor, vendors or suppliers as a result of the DEPARTMENT'S award of the construction contract for the PROJECT. Costs incurred by the DEPARTMENT in defending or resolving such claims shall be considered PROJECT COSTS. 09/06/90 SIP.FOR 4/28/03 5 17. The DEPARTMENT shall require the contractor who is awarded the contract for the construction of the PROJECT to provide insurance in the amounts specified and in accordance with the DEPARTMENT'S current standard specifications for construction, and to: A. Maintain bodily injury and property damage insurance for the duration of the PROJECT. B. Provide owner's protective liability insurance naming as insureds the State of Michigan, the Michigan State Transportation Commission, the DEPARTMENT and its officials, agents and employees, the REQUESTING PARTY and any other party with jurisdiction for the roadway being constructed as the PROJECT, and their employees, for the duration of the PROJECT and to provide copies of certificates of insurance to the insureds. It is understood that the DEPARTMENT does not assume jurisdiction of the highway described as the PROJECT as a result of being named as an insured on the owners protective liability insurance policy. C. Comply with the requirements of notice of cancellation and reduction of insurance set forth in the current standard specifications for construction and to provide copies of notices and reports prepared to those insured. 09/06/90 STP.FOR 4/28/03 6 18. This contract shall become binding on the parties hereto and of full force and effect upon the signing thereof by the duly authorized officials for the parties hereto and upon the adoption of the necessary resolutions approving said contract and authorizing the signatures thereto of the respective officials of the REQUESTING PARTY, a certified copy of which resolution shall be attached to this contract. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF MUSKEGON MICHIGAN DEPARTMENT OF TRANSPORTATION By_:td-~!,,d_~-!±::!.~~~~ ------:c-:-.-· fR~ED :- T/ 1>/.J Title: City Clerk Gai Kundinger GENERAL ___ _ ]' 09/06/90 SIP.FOR 4/28/03 7 April 28, 2003 EXHIBIT I PROJECT STP 0361(020) JOB NUMBER 56361 CONTROL SECTION STUL 61407 ESTIMATED COST CONTRACTED WORK PART A PARTB TOTAL Estimated Cost $431,300 $27,800 $459,100 COST PARTICIPATION GRAND TOTAL ESTIMATED COST $431,300 $27,800 $459,100 Less Federal Funds* $353,000 $ 0 $353,000 BALANCE (REQUESTING PARTY'S SHARE) $ 78,300 $27,800 $106,100 *Federal Funds shall be applied to the eligible items of the PART A portion of the PROJECT COST at a participation ratio equal to 81.85 percent up to an amount not to exceed $366,000. NO DEPOSIT _.. -,, 09/06/90 SIP.FOR 4/29/03 8 . DOT TYPE B BUREAU OF HIGHWAYS 03-15-93 PART II STANDARD AGREEMENT PROVISIONS SECTION I COMPLIANCE WITH REGULATIONS AND DIRECTIVES SECTION II PROJECT ADMINISTRATION AND SUPERVISION SECTION JIJ ACCOUNTING AND BILLING SECTION IV MAINTENANCE AND OPERATION SECTION V SPECIAL PROGRAM AND PROJECT CONDITIONS 1 SECTION I COMPLIANCE WITH REGULATIONS AND DIRECTIVES A. To qualify for eligible cost, all work shall be documented in accordance with the require- ments and procedures of the DEPARTMENT. B. All work on projects for which reimbursement with Federal funds is requested shall be performed in accordance with the requirements and guidelines set forth in the following Directives of the Federal-Aid Policy Guide (FAPG) of the FHW A. as applicable. and as referenced in pertinent sections of Title 23 and Title 49 of the Code of Federal Regulations (CFR), and all supplements and amendments thereto. 1. Engineering a. FAPG (6012.1 ): Preliminary Engineering b. FAPG (23 CFR 172): Administration of Engineering and Design Related Service Contracts c. FAPG (23 CFR 635A): Contract Procedures d. FAPG (49 CFR 18.22): Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments-Allowable Costs 2. Construction a. FAPG (23 CFR I 40E): Administrative Settlement Costs-Contract Claims b. FAPG (23 CFR 140B): Construction Engineering Costs c. FAPG (23 CFR 17): Recordkeepingand Retention Requirements for Federal- Aid Highway Records of State Highway Agencies d. FAPG (23 CFR 635A): Contract Procedures e. FAPG (23 CFR 635B): Force Account Construction f. FAPG (23 CFR 645A): Utility Relocations, Adjustments and Reimbursement g. FAPG (23 CFR 645B): Accommodation of Utilities (PPM 30-4. 1) 03-15-93 2 h. FAPG (23 CFR 655F): Traffic Control Devices on Federal-Aid and other Streets and Highways 1. FAPG (49 CFR 18.22):Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments-Allowable Costs 3. Modification Or Construction Of Railroad Facilities a. FAPG (23 CFR 1401): Reimbursement for Railroad Work b. FAPG (23 CFR 646B): Railroad Highway Projects C. In conformance with FAPG (23 CFR 630C) Project Agreements, the political subdivisions party to this contract, on those Federally funded projects which exceed a total cost of $100,000.00 stipulate the following with respect to their specific jurisdictions: I. That any facility to be utilized in performance under or to benefit from this contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued pursuant to the requirements of the Federal Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended. 2. That they each agree to comply with all of the requirements of Section 114 of the Federal Clean Air Act and Section 308 of the Federal Water Pollution Control Act. and all regulations and guidelines issued thereunder. 3. That as a condition of Federal aid pursuant to this contract they shall notify the DEPARTMENT of the receipt of any advice indicating that a facility to be utilized in performance under or to benefit from this contract is under consideration to be listed on the EPA List of Violating Facilities. D. Ensure that the PROJECT is constructed in accordance with and incorporates all committed environmental impact mitigation measures listed in approved environmental documents unless modified or deleted by approval of the FHWA. E. All the requirements, guidelines, conditions and restrictions noted in all other pertinent Directives and Instructional Memoranda of the FHW A will apply to this contract and will be adhered to, as applicable, by the parties hereto. 03-15-93 3 SECTION II PROJECT ADMINISTRATION AND SUPERVISION A The DEPARTMENT shall provide such administrative guidance as it determines is required by the PROJECT in order to facilitate the obtaining of available federal and/or state funds. B. The DEPARTMENT will advertise and award all contracted portions of the PROJECT work. Prior to advertising of the PROJECT for receipt of bids, the REQUESTING PARTY may delete any portion or all of the PROJECT work. After receipt of bids for the PROJECT. the REQUESTING PARTY shall have the right to reject the amount bid for the PROJECT prior to the award of the contract for the PROJECT only if such amount exceeds by twenty percent (20%) the final engineer's estimate therefor. If such rejection of the bids is not received in \vTiting within two (2) weeks after letting, the DEPARTMENT will assume concurrence. The DEPARTMENT may, upon request, readvertise the PROJECT. Should the REQUEST- ING PARTY so request in v.Titing within the aforesaid two (2) week period after letting. the PROJECT will be cancelled and the DEPARTMENT will refund the unused balance of the deposit less all costs incurred by the DEPARTMENT. C. The DEPARTMENT will perform such inspection services on PROJECT work performed by the REQUESTING PARTY with its own forces as is required to ensure compliance with the approved plans & specifications. D. On those projects funded with Federal monies, the DEPARTMENT shall as may be required secure from the FHWA approval of plans and specifications, and such cost estimates for FHW A participation in the PROJECT COST. E. All work in connection with the PROJECT shall be performed in conformance with the Michigan Department of Transportation Standard Specifications for Construction, and the supplemental specifications, Special Provisions and plans pertaining to the PROJECT and all materials furnished and used in the construction of the PROJECT shall conform to the aforesaid specifications. No extra work shall be performed nor changes in plans and specifications made until said work or changes are approved by the project engineer and authorized by the DEPARTMENT. 03-15-93 4 F. Should it be necessary or desirable that portions of the work covered by this conuact be accomplished by a consulting firm. a railway company. or governmental agency. firm. person. or corporation, under a subcontract with the REQUESTING PARTY at PROJECT expense, such subcontracted arrangements will be covered by formal v.Titten agreement between the REQUESTING PARTY and that party. This formal wrinen agreement shall: include a reference to the specific prime contract to which it pertains; include provisions which clearly set forth the maximum reimbursable and the basis of payment; provide for the maintenance of accounting records in accordance with generally accepted accounting principles, which clearly document the actual cost of the services provided; provide that costs eligible for reimbursement shall be in accordance with clearly defined cost criteria such as 49 CFR Part 18. 48 CFRPart 3 I, 23 CFR Part 140. 0MB Circular A-87, etc. as applicable; provide for access to the department or its representatives to inspect and audit all data and records related to the agreement for a minimum of three years after the department's final payment to the local unit. All such agreements will be submitted for approval by the DEPARTME>IT and. if applicable, by the FHWA prior to execution thereof, except for agreements for amounts less than $25,000 for preliminary engineering and testing services executed under and in accor- dance with the provisions of the "Small Purchase Procedures" FAPG (23 CFR 172). which do not require prior approval of the DEPARTMENT or the FHWA. Any such approval by the DEPARTMENT shall in no way be construed as a warranty of the subcontractor's qualifications, financial integrity, or ability to perform the work being subcontracted. G. The REQUESTING PARTY, at no cost to the PROJECT orthe DEPARTMENT. shall make such arrangements with railway companies, utilities, etc., as may be necessary for the performance of work required for the PROJECT but for which Federal or other reimbursement will not be requested. H. The REQUESTING PARTY, at no cost to the PROJECT. or the DEPARTMENT, shall secure, as necessary, all agreements and approvals of the PROJECT with railway companies, the Railroad Safety & Tariffs Division of the DEPARTMENT and other concerned governmental agencies other than the FHWA, and will forward same to the DEPARTMENT for such reviews and approvals as may be required. I. No PROJECT work for which reimbursement will be requested by the REQUESTING PARTY is to be subcontracted or performed until the DEPARTMENT gives written notification that such work may commence. 03-15-93 5 J. The REQUESTING PARTY shall be responsible for the payment of all costs and expenses incurred in the performance of the work it agrees to undertake and perform. K. The REQUESTING PARTY shall pay directly to the party performing the work all billings for the services performed on the PROJECT which are authorized by or through the REQUESTING PARTY. L. The REQUESTING PARTY shall submit to the DEPARTMENT all paid billings for which reimbursement is desired in accordance with DEPARTMENT procedures. M. All work by a consulting firm will be performed in compliance with the applicable provisions of 1980 PA 299, Subsection 2001, MCL 339.2001; MSA 18.425(200 I). as well as in accordance with the provisions of all previously cited Directives of the FH\\'A. N. The project engineer shall be subject to such administrative guidance as may be deemed necessary to ensure compliance with program requirement and. in those instances where a consultant firm is retained to provide engineering and inspection services. the personnel performing those services shall be subject to the same conditions. 0. The DEPARTMENT, in administering the PROJECT in accordance with applicable Federal and State requirements and regulations, neither assumes nor becomes liable for any obliga- tions undertaken or arising between the REQUESTING PARTY and any other party v.,ith respect to the PROJECT. P. In the event it is determined by the DEPARTMENT that there will be either insufficient Federal funds or insufficient time to properly administer such funds for the entire PROJECT or portions thereof, the DEPARTMENT, prior to advertising or issuing authorization for work performance, may cancel the PROJECT, or any portion thereof. and upon written notice to the parties this contract shall be void and of no effect with respect to that cancelled portion of the PROJECT. Any PROJECT deposits previously made by the parties on the cancelled portions of the PROJECT will be promptly refunded. Q. Those projects funded with Federal monies will be subject to inspection at all times by the DEPARTMENT and the FHWA. 03-15-93 6 SECTION III ACCOUNTING AND BILLING A. - Procedures for billing for work undertaken bv . the REQUESTING PARTY: I. The REQUESTING PARTY shall establish and maintain accurate records. in accordance with generally accepted accounting principles, of all expenses incurred for which payment is sought or made under this contract. said records to be hereinafter referred to as the "RECORDS". Separate accounts shall be established and maintained for all costs incurred under this contract. The REQUESTING PARTY shall maintain the RECORDS for at leastthree(3)years from the date of final payment of Federal Aid made by the DEPARTMENT under this contract. In the event of a dispute with regard to the allowable expenses or any other issue under this contract, the REQUESTING PARTY shall thereafter continue to maintain the RECORDS at least until that dispute has been finally decided and the time for all available challenges or appeals of that decision has expired. The DEPARTMENT, or its representative, may inspect, copy, or audit the RECORDS at any reasonable time after giving reasonable notice. If any part of the work is subcontracted, the REQUESTING PARTY shall assure compliance with the above for all subcontracted work. In the event that an audit performed by or on behalf of the DEPARTMENT indicates an adjustment to the costs reported under this contract, or questions the allowability of an item of expense, the DEPARTMENT shall promptly submit to the REQUESTING PARTY, a Notice of Audit Results and a copy of the audit report which may supplement or modify any tentative findings verbally communicated to the REQUESTING PARTY at the completion of an audit. Within sixty (60) days after the date of the Notice of Audit Results, the REQUESTING PARTY shall: (a) respond in writing to the responsible Bureau or the DEPARTMENT indicating whether or not it concurs with the audit report, (b) clearly explain the nature and basis for any disagreement as to a disallowed item of expense and, (c) submit to the DEPARTMENT a written explanation as to any questioned or no opinion expressed item of expense, hereinafter referred to as the "RESPONSE". The RESPONSE shall be clearly stated and provide any supporting documentation necessary to resolve any disagreement or questioned or no opinion expressed item of expense. Where the documentation is voluminous, the REQUESTING PARTY may supply appropriate excerpts and make alternate arrangements to conveniently and 03-15-93 7 reasonably make that documentation available for review by the DEPARTME!',;T. The RESPONSE shall refer to and apply the language of the contract. Th~ REQUESTING PARTY agrees that failure to submit a RESPONSE within the sixty (60) day period constitutes agreement with any disallowance of an item of expense and authorizes the DEPARTMENT to finally disallow any items of questioned or no opinion expressed cost. The DEPARTMENT shall make its decision with regard to any Notice of Audit Results and RESPONSE within one hundred twenty (120) days after the date of the Notice of Audit Results. If the DEPARTMENT determines that an overpayment has been made to the REQUESTING PARTY, the REQUESTING PARTY shall repay that amount to the DEPARTMENT or reach agreement with the DEPARTMENT on a repayment schedule within thirty (30) days after the date of an invoice from the DEPARTMENT. If the REQUESTING PARTY fails to repay the overpayment or reach agreement with the DEPARTMENT on a repayment schedule within the thirty (30) day period, the REQUESTING PARTY agrees that the DEPARTMENT shall deduct all or a portion of the overpayment from any funds then or thereafter payable by the DEPARTMENT to the REQUESTING PARTY under this contract or any other agreement, or payable to the REQUESTING PARTY under the terms of 1951 PA 51, as applicable. Interest will be assessed on any partial payments or repayment schedules based on the unpaid balance at the end of each month until the balance is paid in full. The assessment of interest will begin thirty (30) days from the date of the invoice. The rate of interest will be based on the Michigan Department of Treasury common cash funds interest earnings. The rate of interest will be reviewed annually by the DEPARTMENT and adjusted as necessary based on the Michigan Department of Treasury common cash funds interest earnings. The REQUESTING PARTY expressly consents to this withholding or offsetting of funds under those circumstances, reserving the right to file a lawsuit in the Court of Claims to contest the DEPARTMENT'S decision only as to any item of expense the disallowance of which was disputed by the REQUESTING PARTY in a timely filed RESPONSE. The REQUESTING PARTY shall comply with the Single Audit Act of 1984, P.L. 98-502. The REQUESTING PARTY shall adhere to the following requirements·asscidated with audits of accounts and records: a. Agencies expending a total of $300,000 or more in federal funds, from one or more funding sources in its fiscal year, shall comply with the requirements of the federal Office of Management and Budget (0MB) Circular A-133. as revised or amended. 03-15-93 8 The agency shall submit two copies of: The Reporting Package The Data Collection Form The management letter to the agency, if one issued by the audit firm The 0MB Circular A-133 audit must be submined to the address below m accordance with the time frame established in the circular, as revised or amended. b. Agencies expending less than $300,000 in federal funds must submit a letter to the Department advising that a circular audit was not required. The letter shall indicate the applicable fiscal year, the amount of federal funds spent. the name(s) of the Department federal programs, and the CFDA grant number(s). This information must also be submitted to the address below. c. Address: Michigan Department of Transportation Bureau of Highways Technical Services 425 W. Ottawa, P.O. Box 30050 Lansing, Ml 48909 d. Agencies must also comply with applicable State laws and regulations relative to audit requirements. e. Agencies shall not charge audit costs to Department's federal programs which are not in accordance with the 0MB Circular A-133 requirements. f. All agencies are subject to the federally required monitoring activities, which may include limited scope reviews and other on-site monitoring. 2. Agreed Unit Prices Work -All billings for work undertaken by the REQUESTING PARTY on an agreed unit price basis will be submined in accordance with the Michigan Department ofTransportation Standard Specifications for Construction and pertinent FAPG Directives and Guidelines of the FHW A. 3. Force Account Work and Subcontracted Work , All billings submitted fo the DEPARTMENT for Federal reimbursement for items of work performed on a force account basis or by any subcontract with a consulting firm, railway company, governmental agency or other party, under the terms of this contract, shall be prepared in accordance with the provisions of the pertinent FHPM Directives and the procedures of the DEPARTMENT. Progress billings may be submitted monthly during the time work is being performed provided, however, that no bill of a lesser amount than $1,000.00 shall be submitted unless it is a final or end of fiscal year billing. All billings shall be labeled either "Progress Bill Number _ _ _ ", or "Final Billing". 03-15-93 9 4. Final billing under this contract shall be submitted in a timely manner but not later than six months after completion of the work. Billings for work submitted later than six months after completion of the work will not be paid. 5. Upon receipt of billings for reimbursement for work undertaken by the REQUESTING PARTY on projects funded with Federal monies. the DEPARTMENT will act as billing agent for the REQUESTING PARTY. consolidating said billings with those for its O\\TI force account work and presenting these consolidated billings to the FHW A for payment. Upon receipt of reimbursement from the FHWA, the DEPARTMENT will promptly forward to the REQUESTING PARTY its share of said reimbursement. 6. Upon receipt of billings for reimbursement for work undertaken by the REQUESTING PARTY on projects funded with non-Federal monies. the DEPARTMENT will promptly forward to the REQUESTING PARTY reimbursement of eligible costs. B. Payment of Contracted and DEPARTMENT Costs: I. As work on the PROJECT commences, the initial payments for contracted work and/or costs incurred by the DEPARTMENT will be made from the working capital deposit. Receipt of progress payments of Federal funds, and where applicable, State Critical Bridge funds, will be used to replenish the working capital deposit. The REQUESTING PARTY shall make prompt payments of its share of the contracted and/or DEPARTMENT incurred portion of the PROJECT COST upon receipt of progress billings from the DEPARTMENT. Progress billings will be based upon the REQUESTING PARTY'S share of the actual costs incurred as work on the PROJECT progresses and will be submitted, as required, until it is determined by the DEPARTMENT that there is sufficient available working capital to meet the remaining anticipated PROJECT COSTS. All progress payments will be made within thirty (30) days of receipt of billings. No monthly billing of a lesser amount than $1,000.00 will be made unless it is a final or end of fiscal year billing. Should the DEPARTMENT determine that the available working capital exceeds the remaining anticipated PROJECT COSTS, the DEPARTMENT may reimburse the REQUESTING PARTY such excess. Upon completion of the PROJECT, payment of all PROJECT COSTS, receipt of all applicable monies from the FHW A, and completion of necessary audits, the REQUESTING PARTY will be reimbursed the balance of its deposit. 03-15-93 10 2. In the event that the bid. plus contingencies. for the contracted. and/or the DEPARTMENT incurred portion of the PROJECT work exceeds the estimated cost therefor as established by this contract. the REQUESTING PARTY may be advised and billed for the additional amount of its share. C. General Conditions: I. The DEPARTMENT, in accordance with its procedures in existence and covering the time period involved, shall make payment for interest earned on the balance of working capital deposits for all projects on account with the DEPARTMENT. The REQUESTING PARTY in accordance with DEPARTMENT procedures in existence and covering the time period involved, shall make payment for interest owed on any deficit balance of working capital deposits for all projects on account with the DEPARTMENT. This payment or billing is processed on an annual basis corresponding to the State of Michigan fiscal year. Upon receipt of billing for interest incurred, the REQUESTING PARTY promises and shall promptly pay the DEPARTMENT said amount. 2. Pursuant to the authority granted by law, the REQUESTING PARTY hereby irrevocably pledges a sufficient amount of funds received by it from the Michigan Transportation Fund to meet its obligations as specified in PART I and PART II. If the REQUESTING PARTY shall fail to make any of its required payments when due, as specified herein, the DEPARTMENT shall immediately notify the REQUESTING PARTY and the State Treasurer of the State of Michigan or such other state officer or agency having charge and control over disbursement of the Michigan Transportation Fund, pursuant to law. of the fact of such default and the amount thereof, and, if such default is not cured by payment within ten ( I 0) days. said State Treasurer or other state officer or agency is then authorized and directed to withhold from the first of such monies thereafter allocated by law to the REQUESTING PARTY from the Michigan Transportation Fund sufficient monies to remove the default, and to credit the REQUESTING PARTY with payment thereof, and to notify the REQUESTING PARTY in writing of such fact. 3. Upon completion of all work under this contract and final audit by the DEPARTMENT or the FHW A, the REQUESTING PARTY promises to promptly repay the DEPARTMENT for any disallowed items of costs previously disbursed by the DEPARTMENT. The REQUESTING PARTY pledges its future receipts from the Michigan Transportation Fund for repayment of all disallowed items and. upon failure to make repayment for any disallowed items within ninety (90) days of demand made by the DEPARTMENT, the DEPARTMENT is hereby authorized to withhold an equal amount from the REQUESTING PARTY'S share of any future distribution of Michigan Transportation Funds in settlement of said claim. 03-15-93 11 4. The DEPARTMENT shall maintain and keep accurate records and accounts relati, e to the cost of the PROJECT and upon completion of the PROJECT. payment of all items of PROJECT COST, receipt of all Federal Aid. if any. and completion of final audit by the DEPARTMENT and if applicable. by the FHW A. shall make final accounting to the REQUESTING PARTY. The final PROJECT accounting will not include interest earned or charged on working capital deposited for the PROJECT which will be accounted for separately at the close of the State of Michigan fiscal vear and as set forth in Section C(I ). 5. The costs of engineering and other services performed on those projects invoh·ing specific program funds and one hundred percent (I 00%) local funds "·ill be appor- tioned to the respective portions of that project in the same ratio as the actual direct construction costs unless otherwise specified in PART I. 03-15-93 12 SECTION IV MAINTENANCE AND OPERATION A. Upon completion of construction of each part of the PROJECT. at no cost to the DEPARTMENT or the PROJECT. each of the parties hereto. within their respective jurisdictions, will make the following provisions for the maintenance and operation of the completed PROJECT: 1. All Projects: Properly maintain and operate each part of the project. making ample provisions each year for the performance of such maintenance work as may be required. except as qualified in paragraph 2b of this section. 2. Projects Financed in Part with Federal Monies: a. Sign and mark each part of the PROJECT, in accordance with the current Michigan Manual of Uniform Traffic control Devices. and will not install. or permit to be installed, any signs, signals or markings not in conformance with the standards approved by the FHWA, pursuant to 23 USC I 09( d). b. Remove, prior to completion of the PROJECT, all encroachments from the roadway right-of-way within the limits of each part of the PROJECT. With respect to new or existing utility installations within the right-of-way of Federal Aid projects and pursuant to FAPG (23 CFR 645B): Occupancy of non-limited access right-of-way may be allowed based on consideration for traffic safety and necessary preservation of roadside space and aesthetic quality. Longitudinal occupancy of non-limited access right-of-way by private lines will require a finding of significant economic hardship, the unavailability of practicable alternatives or other extenuating circumstances. C. Cause to be enacted, maintained and enforced, ordinances and re·gulations for proper traffic operations in accordance with the plans of the PROJECT. d. Make no changes to ordinances or regulations enacted, or traffic controls installed in conjunction with the PROJECT work without prior review by the DEPARTMENT and approval of the FHWA, if required. 03-15-93 13 B. On projects for the removal of roadside obstacles. the panies. upon completion of construction of each pan of the PROJECT. at no cost to the PROJECT or the DEPARTMENT. will, within their respective jurisdictions. take such action as is necessary to assure that the roadway right-of-way, cleared as the PROJECT. will be maintained free of such obstacles. C. On projects for the construction of bikeways. the parties will enact no ordinances or regulations prohibiting the use of bicycles on the facility hereinbefore described as the PROJECT, and will amend any existing restrictive ordinances in this regard so as to allow use of this facility by bicycles. No motorized vehicles shall be permitted on such bikeways or walkways constructed as the PROJECT except those for maintenance purposes. D. Failure of the panies hereto to fulfill their respective responsibilities as outlined herein may disqualify that party from future Federal-aid participation in projects on roads or streets for which it has maintenance responsibility. Federal Aid may be withheld until such time as deficiencies in regulations have been corrected. and the improvements constructed as the PROJECT are brought to a satisfactory condition of maintenance. 03-15-93 14 SECTION V SPECIAL PROGRAM AND PROJECT CONDITIONS A. Those projects for which the REQUESTING PARTY has been reimbursed with Federal monies for the acquisition of right-of-way must be under construction by the close of the twentieth (20th) fiscal year following the fiscal year in which the FH\\'A and the DEPARTMENT projects agreement covering that work is executed. or the REQUESTING PARTY may be required to repay to the DEPARTMENT. for forwarding to the FHWA. all monies distributed as the FHWA'S contribution to that right-of-way. B. Those projects for which the REQUESTING PARTY has been reimbursed with Federal monies for the performance of preliminary engineering must be under construction by the close of the tenth ( I 0th) fiscal year following the fiscal year in which the FHW A and the DEPARTMENT projects agreement covering that work is executed, or the REQUESTING PARTY may be required to repay to the DEPARTMENT, for forwarding to the FHWA. all monies distributed as the FHW A'S contribution to that preliminary engineering. C. On those projects funded with Federal monies, the REQUESTING PARTY, at no cost to the PROJECT orthe DEPARTMENT, will provide such accident information as is available and such other information as may be required under the program in order to make the proper assessment of the safety benefits derived from the work performed as the PROJECT. The REQUESTING PARTY will cooperate with the DEPARTMENT in the development of reports and such analysis as may be required and will, when requested by the DEPARTMENT, forward to the DEPARTMENT, in such form as is necessary, the required information. D. In connection with the performance of PROJECT work under this contract the parties hereto (hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the State of Michigan provisions for "Prohibition of Discrimination in State Contracts". as set forth in Appendix A, attached hereto and made a part hereof. The parties further covenant that they will comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as amended, being Title 42 U.S.C. Sections 1971, l 975a-l 975d, and 2000a-2000h-6 and the Regulations of the United States Department of Transportation (49 C.F.R. Part 21) issued pursuant to said Act, including Appendix "B", attached hereto and made a part hereot, and will require similar covenants on the part of any contractor or subcontractor employed in the performance of this contract. E. The parties will carry out the applicable requirements of the DEPARTMENT'S Disadvantaged Business Enterprise (DBE) program and 49 CFR, Part 26, including, but not limited to, those requirements set forth in Appendix C. 03-15-93 15 APPENDIX A PROHIBITION OF DISCRIMINATION IN ST ATE CONTRACTS In connection with the performance of work under this contract; the contractor agrees as follows: 1. In accordance with Act No . ..i53, Public Acts of 1976, the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or as a matter directly or indirectly related to employment, because of race, color, religion, national origin, age. sex. height, weight. or marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of 1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect lo hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of a disability that is unrelated to the individual's ability to perform the duties of a particular job or position. A breach of the above covenants shall be regarded as a material breach of this contract. 2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work seJ forth in this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section I of this Appendix. 3. The contractor will take affirmative action to insure that applicants for employment and employees are treated without regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated to the individual's ability to perform the duties ofa particular job or position. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination: rates of pay or other forms of compensation; and selection for training, including apprenticeship. 4. The contractor will, in all solicitations or advertisements for employees placed by or on behalfofthe contractor, state that all qualified applicants wilJ receive consideration for employment without regard to race, color, religion, national origin, age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the duties of a particular job or position. 5. The contractor or his collective bargaining representative will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the contractor's commitments under this appendix. 6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil Rights Commission which may be in effect prior to the taking of bids for any individual state project. 7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Michigan Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and employment statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to his books, records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of investigation to ascertain compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission. 8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which·Administrative Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible for future contracts with the state and its political and civil subdivisions, departments, and officers, and including the governing boards of institutions of higher education, until the contractor complies with said order of the Civil Rights Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Civil Rights Commission in which cancellation of an existing contract is a possibility, the contracting agency shall be notified of such possible remedy and shall be given the option by the Civil Rights Commission to participate in such proceedings. 9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (I) through (8) in every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each subcontractor or seller. March, 1998 (Re,. 03/92) APPENDIX B During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: I. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation, Title ~9. Code of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the groupds of race, color, or natural origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto,3nd shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Michigan Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required ofa contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Michigan Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Michigan Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the contractor under the contract until the contractor complies, and/or (b) Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs J through 6 of every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Michigan Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non- compliance; provided, however, that in the event a contractor becomes involved in,or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Michigan Department of Transportation to enter into such litigation to protectthe interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. APPENDJXC TO BE INCLUDED IN ALL FINANCIAL ASSISTANCE AGREEMENTS WITH LOCAL AGENCIES Assurance that Recipients and Contractors Must Make (Excerpts from US DOT Regulation 49 CFR 26.13) A. Each financial assistance agreement signed with a DOT operating administration (or a primary recipient) must include the following assurance: The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any US DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of US DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). B. Each contract MDOT signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of US DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Date: June 24, 2003 To: Honorable Mayor and City Commissioners From: Gail A. Kundinger, City Clerk RE: Fireworks Display - Commodores Concert SUMMARY OF REQUEST: Management Associates, Inc., is requesting approval of a fireworks display permit for June 28, 2003, during the Commodores performance at the Muskegon Summer Celebration. Fire Marshall Metcalf has reviewed the request and recommends approval contingent on inspection of the fireworks. The insurance coverage has been approved. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks. ~ . PALLET SLATSR ~ ~991536 . AC.ORD,. CERTIFICATE OF LIABILITY INSURANCE 0...1• (dAIA;tEi,iVVY,,) OO/U/L003 "'oo,e.,. (~n)~44-0~u FM (651)641-8981 'THI~ CERTIFICATe 13 ISSUtD A~ A MATT~R OP INFORMATION P••let/Slatur, In<. Olll~V ~I) CONPcR6 NO RltlH'i'S UPON THE CERTIFICATF, 2610 Ulliwrsity Aw .• 1200 I ~~¥ER. THIS CERTIFICATE OOICS NOT AM!ND, EXTEND OR f.{!!:ff.P...OVl:.:AAJ.L CWNliD AIJTOS ....... OGNC:01.11101\\ITOJ HIR.li'.Ol,Ul'(IO, D(\O\LV IN.lOIW (~p,ertllll) • 8000.YtNJUfiY ("'- • -ti--·. . . . . NON-011¥Hl!Q Al.lTO& '- ! ...,_, MOfl'fll.Tv ONMCe. ' I MY AUTO 0'11UQ{TI1/'IN AVTOONI.Yi •ucc • N.1rO ON\,','• FA ...OC!Oeli\' , A\\(I • •• DJJUM•~UAIN.t'('( &.eo00C.,- °"""' D """"',...,., ""''"'"'"' Roa.0VC::1'U,~ • -6" • •• WCIM:llfrt 00,M,.Ntl\'l',r::,NNA> ;1 •-;" -.,-.._(IV(W'Ou,r,aulJn' ""'~~""'·""'~'"' ~mw ., i.1.,liACHACCIOfoNr • Orf ~~~~~·-•-~--- 8 ii.. DtllMSI! • '=A ID,IPI.CM! t.LOI~!! • ,OUC'f'u~ • lo o.°HI;'" f,lf'ti(j.RIPTION c,, Ol'ntATION:I/ LOCATION:.tfVT.l'IICl..11:&!cG~:1:AOOtU aT liWoft:ICIIIOO I "r:t""'1\'XJIOH& l tYu -~stood and The 1ty ot IIUsugOn ""d all '" •cted IUld appointe, all vo u•tMrs. &Qr"ffd 1111 IIOaN of eon,.,lsJianers as authorized and their bool"II, cq,lo)'l>CII and volu•toe••• tl,a Ciollnty bf Mmkegon, the Kuskegon Sunnier Q!id,r3tion, their _,D)'el!S and w1unteers and l'IIIC$! :tm:. ~b• Mol'id1an Entorta.1nmant Group, its off1C•rs "'1d ...,1_s ackliiion~l ,ns••ed• •• arc"""""'•• ~eopect tile c_...tores concert on June 28. 200~ l)~fl1JJ!Jl)~JlV1.'1! li!IOUI.ONtfOl''l"ttt: ~ ~l'llil~ POuer.11 nr. CMCt:u.(t) i,tf'(fflt: l'Ht: 'lilX!"rAAIIOIII OAr. UIMB(lt-~ ffl• ~l,INl,j IHUIU;U( Vf'II.L EIWMV(M 'tQ IIAlL _lQ_ 1».W; ~ Nt".111¢!T(l 1~,el!;Aff'ICAff: ~ ! ! I : ~ TO THE l,J:FT, lltVT PA\fllt.CTO 11,1A. ~UOl-t HO'nOIC SlW,,\, •WOK NO OIUM."1'!0U'I)-.: u,.a,iun- City of Mu•k- ,n TerNce ,.,,,, A""' KIKO ui'ONTt11,............ 1Yili Mlli.N'l"DoKn~:r•twntll'Ai'MIIL IIUSKeflOII, I'll 49440 l ~ .J ~AllWrb 7,.;;: M . ),,,,/ A ,, ,../ ,.,_ .l ACORD 25 (2')()1103) ·-· V M.CiORD CORPORATION 1968 l SS68-lS2 llS ~a • •l • eo et unr 2003-50 ( C) PERMIT FOR FIREWORKS DISPLAY Act 358, P.A. 1968 This permit is not transferable. Possession of this permit by the herein named person will authorize him to possess, transport and display fireworks in the amounts, for the purpose, and at the place listed below only. TYPE OF DISPLAY: (x) PUBLIC DISPLAY ( ) AGRICULTURAL PEST CONTROL ISSUED TO: NAME ADDRESS AGE 1920 Benson Ave. St. Paul, MN. 38yrs. REPRESENTING MANAGEMENT ASSOCIATES INC, NA.'v!E OF ORGA.'llZATION, GROUP, f!R.\,f OR CORPORATION MANAGEMENT ASSOCIATES INC. ADDRESS J92Q Benson Ave., St. Paul, MN NUMBER & TYPES OF FIREWORKS: See Attached DISPLAY: EXACT LOCATION Heritage Park Lanaing CITY, VILLAGE, TOWNSHIP DATE TIME June 28, 2003 9PM - 11PM BOND OR rNSURANCE FILED: ( it YES () NO AMOUNT1,ooo,ooo.oo ISS!/ED BY· Issued by action of the MJJSKEGON CITY COMMISSION (co1,111cil, commiuion, boalcl) ofrhe CITY of MUSKEGON (J1¥ftll\ltc & po1itton of,;.ouncil, ~mmiSJion or baud repreimur.ivc) .2:Sl 724 41 ·ta P- .. 0.2. FM-32( 12•61t, APPLICATION FOR FIREWORKS DISPLAY PERMIT OATP OP APl'\.ICATIOH Act 358, P.A. 1968 I /'. -/":?-03 1. PVROl'ICIIMIC Ol'l!AATOR ....-- ,a, ADO'tE:88 --· - - . ·-. 4, NQM,RESIDlltNT Afll"LICAMY !i. l!!XAC't L.OCATto-6 o .. ""°'"OSll:!O ou,,. ..A'V I 4. N\IMl?l,l!:R ANO 1(1NOs. OF p;1RC'ff'ORK1 TO BE DISPLAYED • ' ---····' ~r-n3 Ac:Jt~X:(r_--_-_------_-----~-==~-----========== , ........... ...... -···---········••'' '···--- , 9968-l92 ll9 dao•Lo eo er unr rr- •••-•••••- "'"••H~ 25.4.3. Cables shall be provided by PURCHASER to reach within,one hundred (100') fool of upstage right or left. N<'>IJlrol ond iiround cobles MUST be the $Ome iize as the hot cables. Cables shall ,, "; ,; be sized such lhol voltage drop across coble Is less than !h(ee (3) volts of above fisted loads. r 25.4.4. An operator/repairman to operate generator shall be s4ppllod by PURCHASER from rigging coll uni! dlsconnecf at conclusiOn of show. Fuel for sixteen (16) hOUI$ shall be supplied with generotor. 26. PYROTECHNICS ARTIST utiliZes pyro throughout their live performance. This is on integral port of the show and every attempt should be mode to facilitate Its uso. 2<,. l. Civic reg"1otions vary greatly from country to country, stale to ~tote, and city to city. In the United :States, city or county authorities may require a permit. Pyrotechnic permits vary In cost from no charge to a nominal fca. The local lire deportment is usually tho organization !ho! will issue the permit. If is !he responsibility of the PURCHASER to crronge and ppy for the permit. ;>6.2. In mos! m1.micipolitiOS !he Fire Marshal will reqvire o "Tes!" tiring, i.e. samples of the effects to be used during tho performance ar0 detonated for !he local authority to verity their usage with respect to tl'le porticulor venue. There mc,y be a charge for tl'le fire Deportment's representative to alfend this "Test" filing. If requ~ed. PURCHASER is to arrange and pay for the site inspection. ThiS "Test" firing should normally bo schodulad for 3:00PM on the day of perlormanco. Please conllrm this lime with PRODUCER'S Production Manager. 26,3. PRODUCER provides its Pyrotechnician at no charge to the PUR.CHASER, however ii the local authority requires o locally licensed, certified, and bonded Pyrotechnicion "Shooter'" to be on hond during the preparation of the effects, the "Test" firing, and the performance. PURCHASER must arrange and pay tor tho local "Shooter". 26.4. PRODUCER"$ pyrotechnic equipment and supplies are manutcctured by: Luna-Tech, Inc, Ph: 256-7?.5-4224 l 48 Moon Drive Fox: 256-725-48 I 1 Owens Crossroods, Al 35763 ?.6.5, listed below om tho typos of pyrotechnic effects usod in AR1sr:s performance: EFFECT NAME J,,Qf,Q e,J)B_AL VIS_lJhl. Et,LLOl]T A Airburst 1/l0 Oz Soft "Pop" 5' to JO' bright loll of Minimal silver sparkles, 2 seconds 4' radius B Puff Po! 1/2 Oz Solt "Poor' Bright l second red flash None roI1<;,wed by o pvrr or smC!>ke C Concussion J/20i Loud "Cannon" Bright while nosh, 6' high None Mortar x 6':wide, 1/4 seconds D Slow Sparkle Pots 3/80z Soll "Whoosh" Fountain of wt,ite sparkles, None 15' 'high. ?. seconds E Fountain Gerbs Pre-Loaded Soft ;'Hiss" "Bush'' shaped sparkle. 10' to IS' 15' high x 8' wide, clearance lO~econds F Waterfall Pre-Loaded Soft "Whoosh" "Bu~h" shaped sparkle, 3' to5' 3?. charges 20' ilrop x 3' wide, clearance on 12" ctn; 10 seconds /VJ r.1, '\O,", Q...,....,...,. l C" ....,,i: I"\ J , ... :.1.: -·' S9B8-l9c llS ola • •lO eo et unr ,V),.,\;iA_Gf1-.-•.E"-tl ASSOClA'l'.'fS. INC rte: C SET A CONCUSS! ON (Ci Ci, FLO~. ScO,V s,;;i,.-QE (0) CN \lRPfff,;G (5'6') 19201lENSCNAVE PYRO SYMBOL KE'/'· - -0i!~I.=~~~--~--------•- Oo!o: lV07/% ST?AU~ MN $5116-3,W RE!'r. C8/26/0l .... "- i ) j P~:651-699-1155 COMMODORES 2001 STAGE A Fox: -1536 ~4'Y,J~~ :E0 ~ml= 1:~ 0 [ID OTY TYPE 21 K.'uidelines. In accordance with this law, the policy of City of Muskegon to release all information in a manner, which does not jeopardize the city or any others, involved. This shall be done through the designated FOIA representative (Lee Slaughter) The city will provide information on matters of public concern to the public through the news media .. By doing so a mutually beneficial relationship of trust, cooperation and respect can be maintained. Information will be released to the media without partiality. 8 WHAT CONSTITUTES A CRISIS? A crisis is any incident that can potentially create significant controversy or negative public opinion and can adversely affect our organization's ability to function in its normal fashion. An incident does not have to involve deaths, injuries or property damage to be a crisis. In the event of a "disaster" ( varying degrees) - in which casualties from either external or internal sources cannot be dealt with under normal operating circumstances - The Emergency Management Team will always be activated. Potential crises include: (1) Disaster such as a tornado, fire, explosion, airplane crash, train derailment, automobile/bus accident, terrorist attack, etc. (2) Fire, explosion, chemical (or radiation) release, building collapse. Situation leading to evacuation of part or all of the building. Power system or computer system failure. (3) Allegation of sexual harassment, racial discrimination, etc. Drug abuse by employees. (4) Hostage, shooting, poisoning, murder, (infant) kidnapping, robbery, rape, etc., on city property, or by a city employee. (5) Investigation by regulatory or law enforcement agency. (6) Protests, demonstrations against the City 9 COMMUNICATIONS CHAIN OF COMMAND • First person notified shall be the City Manager. • The City Manager or his/her designee will contact the Mayor and City Commission. • Dependent upon the Event, the City Manager or his/her designee will contact the appropriate Department Head or Supervisor. • Dependent upon the Crisis the City Manager or his/her designee will communicate with City Employees • Public Information Officer or his/her designee will contact the media. • A spokesperson will be identified in each situation with a contact number. All calls will be forwarded to the designated spokesperson. • City Manager or his/her designee will have a prepared statement for the media and will call a press conference if necessary. RESPONSIBILITY: A. City Manager, Mayor, Commission and Public Relations staff shall receive a copy of any news releases. B. Media inquiries received by any city personnel shall be referred to the proper person(s). (Mayor, City Manager or their designee) C. Media request for information addressing policy and procedure shall be referred to the proper city official. (Mayor, City Manager or their designee) D. Key employees shall be notified of who the spokesperson is and how to reach the spokesperson. All necessary contacts should be completed within a matter of minutes. 10 CONTACT LOG A log should be established to record all telephone calls from the media or other parties inquiring about the crisis. This will help to ensure that the many callbacks required are not overlooked. It will also assist in the post-crisis analysis. The contact log should contain the following information: Date I Name of caller/ Question(s) asked/ Telephone number Person responsible for response/ Additional follow-up needs Media Hotline may be designated with a hot line number where public can leave a message and/or call to get information. 11 NEWS MEDIA CONTACT LIST The Muskegon Chronicle John Stephenson 725-6360 metro editor 722-2552 fax WZZM13 ABC Mike Jacobson 726-3064 Muskegon John Mills 726-3064 Muskegon 728-0507 Fax WOODTV8 NBC Heather Herron 771-9624 Grand Rapids Doug De Young 456-8888 456-5755 fax (616) 393-6710 456-9169 fax FOX 17 News Amy Turner 447-5112 Grand Rapids 364-6018 fax The Shoreline Business Monthly Tim Gwozdz 798-4669 798-8335 fax Radio: Clear Channel 727-5007 725-0027 fax TV40 WMKG 733-4040 739-4329 fax 12 POST CRISIS MEETING After the crisis is declared over, a post crisis meeting should be held. All the internal players should convene to review actions taken and possible improvements in future circumstances. 13 INTERVIEW TIPS • During a media interview, repeat your message as frequently as you can, in response to as many questions as possible. (Don't answer the question, answer your message) • Your message should be as short and simple as possible. You want your public to understand what you are saying ..... . 14 What you need to know when the media calls • Who? • What? • When? • Where? • Why? • How? 15 The 9 C's of Communication No matter who you want to reach, make sure you review this checklist before you start your communication strategy. 1. Credibility Does the message sender have credibility - is he or she a trusted and respected source of information - with the audience ? 2. Context Is the message in context with reality and the environment in which the audience is located? 3. Content Is the message relevant to the audience ? 4. Clarity Is the message simple and straightforward ? 5. Continuity and Consistency Repeat your message for audience penetration. 6. Channels What channels or tools of communications are being used ? Media briefings, letters, flyers to neighborhoods, door to door, advertisements, public service announcements. What value does each have ? 7. Constituent/ Customer Benefits Public wants to know how our actions are going to solve the crisis for them. (What's in it for me?) 8. Capability of Audience Is your audience capable of understanding your message? Will they take the time to listen I read / watch ? 9. Call to Action What is your audience supposed to do now ??? 16 Key Messages Worksheet Key Message # 1 The single most important statement I would like people to remember is : Talking Points Here is why this is so important: Key Message # 2 The second most important statement I would like people to remember is: Talking Points Here is why this is so important : Key Message # 3 Talking Points Here is why this is so important : 17 Date: June 13, 2003 To: Honorable M~YJ~d City Commissioners From: Ric Scott. /ltf,/i1,P- RE: Lakeshore Trail IV Bids SUMMARY OF REQUEST: To award the contract to the low bidder , Schultz Excavating, to construct phase IV of the Lakeshore Trail FINANCIAL IMPACT: $314,267 BUDGET ACTION REQUIRED: None, $375 , 000 was budgeted with 80% coming from MDCT and the remainder from the Golf Course fund STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: Anlrmalive Action 231/724-6703 FAX/722~1214 Assessor 231/724-6708 FAX/726-5181 Cemetery 23 I /724-6783 F AX/726-5617 Civil Service 231/724-6716 FAX/724-4405 West Mlclligan's Shoreline City C lerk 231/724-6705 FAX/724-4178 Comm. & Neigh. Date: June 13, 2003 Services 231/724-6717 To: Honorable Mayor and City Commissioners FAX/726-2501 From: Ric Scott ~ ~ Engineering 23 I /724-6707 Re: Lakeshore Trail Phase IV Bids FAX/727-6904 Finance On Tuesday, June 10, 2003, six bids were received for 231/724-6713 the construction of Phase IV of the Lakeshore Trail, FAX/724-6768 which runs from Fisherman's Landing to the Walker Arena. Fire Dept. The bid results are attached. 231/724-6792 F AX/724-6985 Staff and the Engineers recommend awarding the contract Income Tnx to the low bidder, Schultz Excavating from Ludington. 23 I /724-6770 FAX/724-6768 While they failed to provide notice with the bid that they received the second addendum to the bids, they have Info. Systems 23 I /724-6744 since made that notice to the city and have stated that FAX/722-4301 their bid is good. Leisure Service 23 I /724-6704 Consequently, staff would ask that you approve the bid FAX/724-1196 of Schultz Excavating for $314,267. Manager's Office Thank you for your consideration. 231/724-6724 FAX/722- 1214 Mayor's Office 231/724-6701 FAX/722-1214 Inspection Services 23 I /724-6715 FAX/726-250 I Planning/Zoning 231/724-6702 F AX/724-6790 Police Dept. 231/724-6750 FAX/722-5140 Public Works 231/724-4100 FAX/722-4188 Treusurer 231/724-6720 FAX/724-6768 Water BIiiing Dept. 231/724-6718 FAX/724~768 Water Filtration 231/724-4106 F AX/755-5290 City of Muskegon, 933 Terrace Street, P .0 . Box 536, Muskegon, MI 49443-0536 Page 1 of 1 City of Muskegon Recreational Bike Path, Phase IV Bids Received: June 10, 2003 at 2:00 p.m. Quantum Construction Milbocker & Sons. Inc. Waaenmaker Construction t-".O. B0XJ.4::1 1.r.~u ..r.onh -,t 332 r a SHEETS ISSUED HEREWITH: None SPECIFICATION SECTIONS ISSUED HEREWITH: Nono SKETCHES ISSUED HERl::-WITH: None BIDS DUE: June 1o. 2003. at 2 p.m -ISSUED TO ALL B:D SET HOL.DERS This Addendum i9 a part of the Contract Oocume,,ts and mod1foe, the prevlou•ly iS&uad Bidding Doeurnenta. Acknowledge ree.ipt of this Addendum In the •P•OB pro\lidod on the Bid form; failure to do so may resul! in rejection of the Bid. - ITEM NO 1: The Davis Becon Wage Rates have not ch•nged from the publication originally included in the conlri>::1 ciocurnents. The original rete, dated April 4, 2003, are current. ITEM NO. 2: Meeting Minutes from the Pre-Bid Conference on June 3, 2003. ITEM NO. 3: MOOT Prequallfic;,tlon Requirements: Bidder$ muat meet the req,Airementa of MOOT D(equalificat;on 374Ea, 374E. 01 374Cb. MOOT requi,es the cont,acfor 10 be prequalified as a condition to receive bids, and lhe contractor must be able to prove their prequal1ficatlon rating and expiration date as established by MOOT. END OF ADDENDUM ACOENOUM(N0.2) Schultz Excavating 5565 6th Street, P.O. Box 683 Ludington, Michigan 49431-06&3 Phone 231-845-7125 Fax 231-843-4688 June 11, 2003 Mr. Mohammed Al-Shatel VlA FAX 231-727-6904 City of Muskegon Dear Sir: I am writing in regards to the bid we submitted on 6/10/03 for the City of Muskegon Recreational Bike Path Phase rv. During the eleventh hour rnsh to complete the bid form, our engineer failed to acknowledge our receipt of Adde:adum #2. I am letting you know that the addendum was received and the spirit and intent of the addendum was retlected in our bid price of$314,267.00; we simply failed to note its receipt in our bid proposal. Be assured that by awarding this contract to Schult, Excavating, the City will not incur any additional cost due to our oversight in acknowledging Addendum #2. Thank you for your consideration. Respectfully submitted, cc: Kerri Miller, F, T, C & H Date: June 24, 2003 To: Honorable Mayor and City Commissioners From: Community and Neighborhood Services Department RE: Approval of Resolution, Purchase Agreement and Quit Claim for the Sale of 850 Wood. SUMMARY OF REQUEST: To authorize the Mayor and City Clerk to sign the resolution to sell the home, and approve the purchase agreement between David D. Sperry and the City of Muskegon for the purchase of the city-owned home located at 850 Wood a.k.a. "Wood Street Revival" for the price of $55,000. The structure at 850 Wood was totally rehabilitated by the Community and Neighborhood Services Department under its HOME rehabilitation program. The CNS office considers the rehabilitation of 850 Wood a.k.a. "Wood Street Revival" to be a major contribution to the blight fight efforts by the City of Muskegon in area 11 . FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the sale and the purchase agreement to sell 850 Wood a.k.a. "Wood Street Revival" to David D. Sperry and direct the Mayor and City Clerk to sign the quit claim. 2003-52 (a) MUSKEGON CITY COMMISSION RESOLUTION TO APPROVE THE SALE OF CITY-OWNED PROPERTY AT 850 Wood WHEREAS, the City of Muskegon is dedicated to the redevelopment of its neighborhoods and; WHEREAS, the City of Muskegon is dedicated to promoting high quality affordable single-family housing in the community and; WHEREAS, the City of Muskegon is dedicated to promoting homeownership throughout its neighborhoods; NOW THEREFORE, BE IT RESOLVED that the City Commission hereby approved the sale of the totally rehabilitated home located at 850 Wood to be used as a single family owner-occupied home to David D. Sperry for the price of $60,000 in its current rehabilitated condition. Adopted this 24 day of June, 2003 Ayes: 7 Nays: o BW Resolution CERTIFICATION This resolution was adopted at a regular meeting of the City Commission, held on : June 24, 2003 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 OUIT-CLAJM DEED KNOW ALL MEN BY 1HESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose address is 933 Terrace Street, Muskegon, MI 49440, QUIT CLAJMS TO: David D. Sperry, of 1346 Horton Road, Muskegon, Michigan 49445, tl1e following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: City of Muskegon revised plat of City of Muskegon re,ised Plat of 1903 W. 114 Ft Lot 5 Block 46 for the sum of Sixty Thousand and no/100 Dollars ($60,000.00) This deed is exempt from real estate transfer tax pursuant to tl1e provisions of MCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i). Dated this 24t111ay of _____J_u_n_e_~ 200_2_. STATE OF MICHIGAN COUNTY OF MUSKEGON The foregoing instrument was acknowledged before me this _I_ day of ..j L> k1 , 200~- by Stephen J. Wannington and Gail A. Kundinger, MMC, Mayor and City Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of tl1e City. if-Ct,.,., ~. t(fC'u.~,9,t· PREPARED BY: John C. Schrier -:r o Ari n 12:'.1 k'. ru Kc w s.\'.'.'.. \ Notary Public, Muskegon County, Michigan Parmenter O'Toole My commission expires: 5 - I 's · D S 175 W. Apple Ave., P. 0. Box 786 Muskegon, MI 49443--0786 Telephone: 616/722-1621 SEND SUBSEQUENT TAX BILLS TO: Grantee WHEN RECORDED RETURN TO: Grantee Oocumen\2 2003-52 (a) PURCHASE, SALE, AND LOAN AGREEMENT THIS PURCHASE, SALE, AND LOAN AGREEMENT ("Agreement") is made as of the ~day of June, 2003 between CITY OF MUSKEGON ("City"), David D. Sperry, ("Purchaser") and Fifth Third Bank , ("Lender") Background A. City is the owner of certain real property situated in the City of Muskegon, County of Muskegon, State of Michigan and described as provided for in Exhibit A. B. City is prepared to sell, transfer and convey the prope1ty to Purchaser subject to conditions provided for in this Agreement. C. Lender is prepared to lend to Purchaser$ 55,000.00 consistent with a commitment letter from Lender to Purchaser dated June I 0, 2003 and attached as Exhibit B. Terms and Conditions IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS CONTAINED IN THIS AGREEMENT, AND INTENDING TO BE LEGALLY BOUND BY IT, THE PARTIES AGREE AS FOLLOWS: I. City agrees to sell, transfer and convey the property to Purchaser, after rehabilitation of the single-family residential unit provided for in Exhibit A. The purchase price of the property is Sixty Thousand Hundred Dollars($ 60,000.00) (the "Purchase Price"). The Purchase Price shall be satisfied as follows: 1.1 Upon closing, Lender shall deliver to Transnation a cash deposit, or any other form of payment acceptable to Transnation, the amount of Fifty-five Thousand Dollars ($ 55,000.00 ). The bank's obligation to tender such monies is contingent upon satisfaction of the other terms and conditions of this Agreement. 1.2 The balance of the Purchase Price shall be satisfied by Purchaser executing a promissory note and mortgage in favor of the City of Muskegon. The City of Muskegon mortgage is junior to the mortgage of Lender, so long as the Lender's mortgage is in a form acceptable to City. \\MUSKDATA\DATA\CNS\COMMON\WPDATA\HOME\INFILL\85p WOOD\PU-SA-LO.AG-PERRY.DOC 2. Covenants, Representations, and Warranties of City. City covenants, represents and warrants to Purchaser, Lender as follows: 2.1 City is a municipal corporation, duly organized and validly existing and in good standing under the laws of the State of Michigan; the City has full power and authority to enter into and perform its obligations under this Agreement; that the execution, delivery and performance of this Agreement by its mayor and clerk have been duly authorized by appropriate action of its city commission and is not in violation of the city ordinances or state law applicable to cities, or other law or any laws, order, judgment, agreement that is binding upon the City. 2.2 The property is not subject to any other security interest, lien or incumbent created or arising by reason of any act or omission of the City. 2.3 Contemporaneous with execution of this Agreement and deposit of monies by Purchaser with Transnation, City shall execute and deliver to Transnation a quitclaim deed from City to Purchaser in a form and content consistent with Exhibit C. 2.4 Upon closing, City agrees to lend an amount not to exceed Five Thousand Dollars($ 5,000.00 ). The loan shall be evidenced by execution by Purchaser of a promissory note, in a form and substance consistent with Exhibit D and mortgage, in a form and substance consistent with Exhibit E. City's mortgage shall be recorded junior to Lender's mortgage so long as the Lender's mortgage is in a form acceptable to City and in an amount not to exceed Fifty Five Thousand Dollars($ 55,000.00 ). 3. Purchaser's Covenants, Representations and Warranties. The Purchaser represents and warrants that: 3. I The property is being purchased by the Purchaser for use as [his/her/their] personal residence; that all financial statements and other information concerning the Purchaser are true and accurate in all material respects; that the Purchaser is not insolvent; and that this Agreement constitutes the valid and binding obligation of the Purchaser, enforceable in accordance with its term. 3 .2 Purchaser acknowledges that upon closing, Lender shall have no obligation to lend monies in excess of that stated in Exhibit B. Purchaser further acknowledges that City has no obligation to lend money in excess of$ Five Thousand Dollars ($ 5,000.00 ). 3.3 At closing, Purchaser agrees to execute a promissory note and mortgage in favor of Lender in the amount of Fifty Five Thousand Two Hundred Dollars($ 55,000.00) and such other documents as called for in Exhibit B. 3.4 At closing, Purchaser shall execute promissory note and mortgage, in the form as attached as Exhibits D and E in an amount not to exceed Five Thousand Dollars ($ 5,000.00) and as more fully calculated pursuant to this Agreement. \\MUSKDATAIDATAICNS\COMMONIWPDATAIHOME\INFILL\85)! WOOD\PU-SA-LO.AG-PERRY.DOC 4. Lender's Covenants, Representations and Warranties. The Lender represents and warrants that: 4.1 The Lender is a Michigan corporation, duly organized and validly existing and in good standing under the laws of the State of Michigan; that the Lender has full power and authority to enter into and perform its obligations under this Agreement; that the execution, delivery and performance of this Agreement have been duly authorized. 4.2 There is no material action, suit or proceeding pending or, to the best of Lender's actual knowledge, threatened against or affecting the proposed loan, or which would have a material affect on Lender's ability to lend money consistent with Exhibit B. 4.3 Lender agrees to lend to Purchaser the amount of Fifty Five Thousand Dollars ($ 55,000.00 ) upon closing. Conditions president to the loan are specified in Exhibit B. 4.4 Lender agrees that prior to closing, Lender shall prepare a promissory note and mortgage to be executed by Purchaser in a form acceptable to City. To the extent that the promissory note and mortgage are acceptable to City and in an amount not to exceed Fifty Five Thousand Dollars($ 55,000.00 ), Lender's mortgage shall be a first priority, senior to City's mortgage and lien of lien of General Contractor or subcontractor. 5. No Conflict. The execution and delivery of this Agreement and the consummation of the transactions contemplated on the part of Purchaser does not and will not violate any applicable law, ordinance, statute, rule, regulation, order, decree or judgment, conflict with or result in the breach of any material terms or provisions of, or constitute a default under, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the property or assets of the Purchaser by reason of the terms of any contract, mmtgage, lien, lease, agreement, indenture, instrument or judgment to which Purchaser is a party or which is or purpmts to be binding upon Purchaser or which otherwise affects Purchaser, which will not be discharged, assumed or released at closing. No action by any federal, state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon Purchaser in accordance with its terms. 6. Property "As Is". Except as expressly provided, Purchaser acknowledges and agrees that Purchaser is acquiring the property in its "AS IS" condition, WITH ALL FAUL TS, IF ANY, AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. Other than as expressly set fmth in this Agreement, City nor any agents, representatives, or employees of City have made any representations or warranties, direct or indirect, oral or written, express or implied, to Purchaser or any agents, representatives, or employees of Purchaser with respect to the condition of the property, its fitness for any particular purpose, or its compliance with any laws, and Purchaser is not aware of and does not rely upon any such representation to any other party. Purchaser acknowledges that Purchaser has had the opportunity to make such inspections ( or have such inspections made by consultants) as it desires of the property and all factors relevant to its use, including, without limitation, the interior, exterior, and structure of all improvements, and the condition of soils and sub-surfaces. \IMUSKDATA\DATAICNS\COMMONIWPDATAIHOMEIJNFILL\8~ WOODIPU-SA-LO.AG-PERRY.DOC 7. Survey. Purchaser may obtain, at its cost and expense, such survey as it may desire within ten (10) days of execution of this Agreement. Purchaser shall have a period often (10) days from the date of Purchaser's receipt of the survey, but no later than thirty (30) days after execution of this Agreement, within which to approve or disapprove matters disclosed by the survey and to give written notice to City of any disapproval of it, indicating in reasonable detail the nature and reasons for Purchaser's objection. In the event Purchaser so notifies City of Purchaser's disapproval of the survey, City may elect (but shall have no obligation whatsoever) to cure any disapproved matter within thirty (30) days from receipt of such notice. Within five (5) days after receiving Purchaser's notice, City shall notify Purchaser whether City intends to effectuate such cure. In the event City does not elect to cure, or City elects to cure, but such cure is not completed within thirty (30) days, the Purchaser within five (5) days shall elect in writing to either waive such matter and proceed as provided or terminate this Agreement and receive a refund of the deposit. 8. Title Matters. 8.1 Title Report. City shall furnish to Purchaser an ALTA title report or commitment, with standard exceptions, in the amount of the Purchase Price from Transnation with respect to the property. Purchaser shall have a period of five (5) days after execution of this Agreement, or ten (I 0) days after receipt of title report, within which to examine the title report. If Purchaser objects to any matters disclosed in the title report, Purchaser shall, within the time period indicated, notify City in writing, specifying the objectionable matters. City may elect (but shall have no obligation whatsoever) to cure any such matters within thirty (30) days from receipt of such notice. Within five (5) days after receiving Purchaser's notice, City shall notify Purchaser whether City intends to effectuate such cure. In the event City does not elect to cure, or City elects to cure, but such cure is not completed within thirty (30) days, the Purchaser within ten (I 0) days shall elect in writing to either waive such matter and proceed as provided in this Agreement or terminate it and receive a refund of the deposit. 8.2 Defects in Title. In the event City shall not be able to convey title to the property on the date of closing in accordance with the provisions of this Agreement, the Purchaser shall have the option, exercisable by written notice to City at or prior to closing, of (I) accepting at closing such title as City is able to convey and/or waiving any unsatisfied condition precedent, with no deduction from or adjustment of the Purchase Price, or (2) declining to proceed to closing. In the latter event, except as expressly set forth in this Agreement, all obligations, liabilities and rights of the parties under this Agreement shall terminate, and the deposit and additional deposit shall be returned to Purchaser. 9. Pre-Closing Obligations; Deliveries. I\MUSKDATA\DATA \CNS\COMMONIWPDATA \HOMEIINFILLIB!'i11 WOOD\PU-SA-LO .AG-PERRY. DOC 9.1 The closing under this Agreement (the "Closing") shall take place on or before June 30, 2003, or within five (5) days of satisfaction of all conditions relevant to Closing, whichever is sooner, at the offices of Transnation unless otherwise agreed to in writing by both City and Purchaser. 9.2 For Closing, City shall deliver the following: 9.2.1 A Quit Claim Deed to the real property, duly executed and acknowledged by City and in proper form for recording, conveying fee simple title to the property to Purchaser, subject only to easements, restrictions and/or rights-of-way of record. 9 .2.2 Copies of current real estate tax bills, if any. 9.2.3 An assignment of any operating licenses, permits and approvals, if any, relating to the property possessed by City. 9.2.4 A Bill of Sale for any personal property, if any. 9.2.5 An affidavit of title, and such other documents as may be required by Transnation. 9.2.6 All other instruments and documents reasonably required to effectuate this Agreement and the transactions contemplated. 9.3 For Closing, Purchaser shall deliver the following: 9.3.1 In accordance with Transnation's instructions, a certified check or wire transfer in the amount required. 9.4 For Closing, Lender shall deliver the following: 9.4.1 In accordance with Transnation's instructions, a certified check or wire transfer in the amount required to cover its expenses and the amount indicated in the commitment letter, attached as Exhibit B. 9.4.2 A Promissory Note and Mortgage, in a form acceptable to City, for execution by the Purchaser. 9.5 For Closing, General Contract shall deliver the following: 9.5.1 In accordance with Transnation's instructions, whatever documents are necessary to assure that all subcontractor's have been paid and that there are no liens, recorded or which could be recorded, which will not be satisfied at the time of closing. 9.5.2 In accordance with Transnation's instructions, whatever documents are necessary to assure that all monies owed to General Contractor will be satisfied at the time of closing. IIMUSKDATA\DATA \CNS\COMMON\WPDATAIHOMEIINFI LL185_9 WOOD\PU-SA-LO .AG-PERRY. DOC I 0. Apportionment; Taxes; Expenses. I 0.1 Taxes. City shall pay all taxes due through the Closing Date. 10.2 Expenses. Each party will pay all its own expenses incurred in connection with this Agreement and the transactions contemplated, including, without limitation, (I) all costs and expenses stated in this Agreement to be borne by a party, and (2) all of their respective broker's commissions, accounting, legal and appraisal fees. Purchaser, in addition to its other expenses, shall pay at Closing all recording charges incident to the recording of the deed for the prope1iy. City, in addition to its other expenses shall pay at Closing (I) all documentary stamps, deed stamps and realty transfer taxes, and (2) the cost of the owner's title insurance policy. I 0.3 Closing Expenses. City and Purchaser shall share equally the cost of Transnation for acting as escrow agent leading up to Closing and Transnation's expenses relating to the Closing of this transaction. To the extent that Closing does not occur for reasons other than relating to paragraph 8 [Survey] or paragraph 9 [Title Matters], Transnation's fee shall be deducted from the Purchaser's deposit and the balance of the deposit returned to Purchaser. Upon indication that Closing will not occur, Transnation shall return the City's Quit Claim deed to the City. 11. Remedies. 11.1 If, prior to Closing, Purchaser breaches or fails to perform its pre-closing obligations under this Agreement, then City shall, as its sole remedy, be entitled to receive the deposit, plus all interest earned and accrued on it, as liquidated damages (and not as a penalty) in lieu of, and as full compensation for, all other rights or claims of City against Purchaser by reason of such breach or failure. This Agreement shall then terminate and the parties shall be relieved of all further obligations and liabilities under it, except as otherwise expressly set forth. Purchaser and City acknowledge that the damages to City resulting from Purchaser's breach would be difficult, if not impossible, to ascertain with any accuracy, and that the liquidated damage amount set forth in this Section represents both parties' efforts to approximate such potential damages. 11.2 If, prior to Closing, City breaches or fails to perform its pre-closing obligations under this Agreement, Purchaser may, as its only remedies, either (i) enforce specific performance of this Agreement against City, or (ii) terminate this Agreement and receive an immediate refund of the deposit. 11.3 If, prior to Closing, Lender breaches or fails to perform its pre-closing obligations under this Agreement, Purchaser or City may, as its remedies, either (i) enforce specific performance of this Agreement against Lender, or (ii) sue for damages related to the failure to lend monies consistent with Exhibit D. 11.4 If, prior to Closing, General Contractor breaches or fails to perform its pre-closing obligations under this Agreement, Purchaser or City may, as its remedies, either (i) enforce specific performance of this Agreement against Lender, or (ii) terminate this IIMUSKDATAIDATA\CNS\COMMON\WPDATAIHOMEIINFILL\8q9 WOOD\PU-SA-LO.AG-PERRY.DOC Agreement and obtain another entity to complete performance. The cost of completion shall be borne by General Contractor. 12. Further Assurances. City and Purchaser each agrees to perform such other acts, and to execute, acknowledge and deliver, prior to, at or subsequent to Closing, such other instruments, documents and other materials as the other may reasonably request and as shall be necessary in order to effect the consummation of the transactions contemplated by it. 13. Possession. Possession of the property shall be surrendered by Purchaser at Closing. I 4. Notices. All notices and other communications provided for shall be in writing and shall be sent to the address set forth below (or such other address as a party may designate for itself by notice to the other parties as required) of the party for whom such notice or communication is intended: 14.1 If to City: Director of Community and Neighborhood Services City of Muskegon 933 Terrace Street Muskegon,MI49440 with a copy to: John C. Schrier Parmenter O'Toole 175 W. Apple Avenue P.O. Box 786 Muskegon,MI 49443-0786 14.2 If to Purchaser: David D. Sperry 1346 Horton Road N01ih Muskegon, MI 49445 14.3 lfto Lender: Fifth Third Bank Arnette Weaver-Brown Terrace-Downtown Branch Muskegon,MI49443 \\MUSKDATA \DATA \CNS\COMMON\WPDATA \HOMEIINFILL1889 WOODIPU-SA-LO.AG-PERRY. DOC Any such notice or communication shall be sufficient if sent by registered or certified mail, return receipt requested, postage prepaid; by hand delivery; by overnight courier service; or by tele-copy, with an original by regular mail. Any such notice or communication shall be effective when sent. 15. Miscellaneous. 15 .1 Assigmnent. Purchaser may not assign or transfer all or any portion of its rights or obligations under this Agreement to any other individual, entity or other person without the consent by City. Purchaser recognizes that there are specific guidelines as to acceptable purchasers. As such, City reserves the absolute right to reject any individual or entity which is being proposed to assign the obligations and benefits from Purchaser. 15.2 Governing Law. Parties in Interest. This Agreement shall be governed by the law of the State of Michigan and shall bind and inure to the benefit of the parties and their respective heirs, executors, administrators, successors, assigns and personal representatives, and is not intended to and shall not benefit any third persons not patiy to this Agreement. 15.3 Time of Essence. Time is of the essence in this Agreement. 15.4 Headings. The headings preceding the text of the paragraphs and subparagraphs are inserted solely for convenience ofreference and shall not constitute a part of this Agreement, nor shall they affect its meaning, constrnction or effect. 15.5 Counterparts. This Agreement may be executed simultaneously in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrnment. 15.6 Survival. Each of the warranties, representations and covenants of City and Purchaser shall survive for a period of eighteen (18) months after the Closing and delivery of the deed and other closing documents by City to Purchaser, and shall not be deemed to have merged with this Agreement, and any action on it must be commenced within 18 months after the Closing or shall be forever barred. 15.7 Entire Agreement; Amendments. This Agreement and the Exhibits set forth all of the promises, covenants, agreements, conditions and undertakings between the parties with respect to the subject matter of this Agreement and supersede all prior and contemporaneous agreements and understandings, inducements or conditions, express or implied, oral or written, except as contained. This Agreement may not be changed orally but only by an agreement in writing, duly executed by or on behalf of the patiy or parties against whom enforcement of any waiver, change, modification, consent or discharge is sought. IIMUSKDATA \DATA \CNS\COMMON\WPDA TA \HOMEIINFILL18~ WOOD\PU-SA-LO.AG-PERRY.DOC IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the date first above written. PURCHASER, '::\J Dave Sperry 1346 Horton Road ½ North Muskegon, MI 49445 LEUR: Fifth5hird Bank By. 1-t 1fYV ,i ~{ aW'\. -,& ,a ,M Arnette Weaver-Brown \IMUSKDATA \DA TA \CNS\COMMON\WPDA TA\HOME\INFILL185!) WOOD\PU-SA-LO.AG-PERRY.DOC LIST OF EXHIBITS TO BE ATTACHED A. LEGAL DESCRIPTION B. LENDER'S COMMITMENT LETTER C. QUIT CLAIM DEED FROM CITY TO PURCHASER D. PROMISSORY NOTE FROM PURCHASER TO CITY OF MUSKEGON E. MORTGAGE FROM PURCHASER TO CITY OF MUSKEGON I\MUSKDATAIDATA\CNS\COMMONIWPDATA\HOMEIINFILL\8~tWOODIPU-SA-LO.AG-PERRY.DOC Exhibit A Legal Description City of Muskegon revised plat of 1903 West 114 Feet of Lot 5 Block 46 \IMUSKDATAIDATAICNS\COMMON\WPDATAIHOMEIINFILL\81qwooo1PU-SA-LO.AG-PERRY.DOC PARMENTER O'TOOLE Allomeys 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.Parmenterlaw.com August 27, 2003 Gail A. Kundinger, MMC City Clerk City of Muskegon 933 Tenace P.O. Box 536 Muskegon,MI49443-0536 Re: David D. Sperry Dear Ms. Kundinger: Enclosed please find recorded Mortgage involving David D. Speny. Very truly yours, ~k_t .~ John C. Schrier Direct: 231.722.5401 Fax: 231.728.2206 E-Mail Address: jcs@ parmenterlaw.com Enclosure c: Wilmern Griffin G:\EDSIIFILES\00100\161 S\LTA\837593.DOC Commission Meeting Date: June 24, 2003 ;)oo 3 · Sot 'o) Date: June 16, 2003 To: Honorable Mayor & City Commission From: Community and Neighborhood Services Department / Inspection RE: Acceptance of purchase agreement from the Muskegon Housing Commission SUMMARY OF REQUEST: To accept the purchase agreement from the Muskegon Housing Commission concerning seven Housing Commission homes (a.k.a. Turnkey 3). The specific addresses of the homes are: 1668 Beidler 284Iona 361 Oak 383 Catherine 747 Marcoux 214 Washington 404 Washington The total cost to purchase is seven dollars ($7.00). The City has agreed to acquire all the homes, except 1950 Terrace. The City of Muskegon will demolish 1950 Terrace St, but the Housing Commission will retain ownership. The City will bill the Housing Commission for the cost of the demolition. Four of the properties 1668 Beidler, 361 Oak, 284 Iona and 404 Washington will be demolished. New homes will be constructed, starting with Biedler and Oak. The City HOME funds will cover the demolition and new construction cost. The other sites will be demolished with CDBG fund and 1950 Terrace will be "torn" down with general funds. FINANCIAL IMPACT: The seven dollars will be taken from the general fund. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the purchase agreement and direct the Mayor and City Clerk to sign the agreement. COMMITTEE RECOMMENDATION: None needed. 06/03/2003 02:50 FAX 231 727 2130 IV H C S @004 DRAFT 05/15/03 Real Estate Purchase Agreement This Agreement is made ___________ ___, 2003, by and between Muskegon Housing Commission, of 1080 Terrace Street, Muskegon, Michigan ("Seller"), and the City Of Muskegon, of 933 Terrace Street, Muskegon, Michigan 49440 ("Buyer"). Backgl'Ou11d A. The Buyer and Seller have selected several houses located on property owned by Seller for demolitio:i;t .. B. The Buyer has agreed to perform the demolition and the Seller has agreed to sell some of the properties to Buyer as part of the arrangement relating to the demolition of the structures located on such properties pm-suant to the terms set furth in this Agreement. Therefore, the parties agree as follows: I. General Agreement and Description of Premises. Seller agrees to sell, and Buyer agrees to buy, marketable record title ofreal estate, and all improvements thereon, with all beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways, the real property located in the City of Muskegon at 1668 Beidler, 284 Iona, 361 Oak, 383 Catherine, 747 Marcoux, 214 Washington, and 404 Washington (collectively "Premises"), which are legally described on Exhlbit A, and are subject to the reservations, restrictions and easements ofrecord, provided said reservations, restrictions and easements ofrecord are acceptable to Buyer upon disclosure and review of the same, and subject to any governmental inspections required by law. 2. Purchase Price and Manner of Payment. The consideration for acquisition of the Premises shall be Seven and no/l 00 Dollars ($7 .00) payable in cash or by City check to Seller at Closing and other valuable consideration. 3. Demolition of Structures. In addition to the purchase price as stated above and as soon as administratively possibfa after Closing, Buyer :,.grees to demolish all s!:r..!C~es localed on the Premises in consideration for the transfer of the property. Buyer shall pay for the full cost of demolition on the Premises. fu addition, Buyer shall demolish the structure located at 1950 Terrace Street with Seller reimbursing Buyer for the cost of demolition of the structure or structures located on the property at 1950 Terrace. Buyer will accept bids from private companies for the cost of demolition for all of eight structures. The Buyer will hire the company with the lowest qualified overall bid fur the entire project. Seller will be responsible to pay the cost of demolition for 1950 Terrace paid by Buyer, whether or not the cast for that particular property was the lowest among the bidders. Upon payment by Buyer for the demolition of 1950 Terrace, Buyer shall provide Seller with an invoice showing the cost paid by the Buyer for such demolition. l'ayment from the Seller shal! be due 10 days after receipt of such invoice from the Buyer. 4. Assessments and Fees. All assessments, fees or costs, which are due and payable at the time of Closing, shall be paid by Seller prior to or at Closing. All special assessments that become due and payable after Closing shall be the responsibility of Buyer. Page 1 of4 G:\5DS l\Fl"~$\00100\ 1721\RPA_RISS I\AX3!l93, DOC _..c,.06"-'-/03/2003 02;fil FAX 231 727 2130 IV H C S 141005 5. Title Insurance. Buyer shall obtain and pay for a commitment for title insurance issued by LandAmerica Transnation Title for an amount not less than the purchase price stated in this Agreement, guaranteeing title on the conditions required hetein, In the event the reservations, restrictions or easements of record disclosed by said title commitment are, in the sole discretion of Buyer, deemed unreasonable, Seller shall have forty-five (45) days from the date Seller is notified in writing of such unreasonableness of restriction and such unmarketability of title, to remedy such objections. If Seller resolves such restrictions, and remedies the title (by obtaining satisfactory title insurance or otherwise) within the time specified, Buyer agrees to complete this sale as provided in this Agreement, within ten (10) days ofwrittCl1 notification. If Seller fails to resolve such restrictions or remedy the title withln the time above specified, this Agreement may be terminated at Buyer's option. The premium for the owners' title policy shall be paid by Buyer. 6. Personal Property and Fixtures. All personal property and fixtures, which Seller wishes to remove, shall be removed on or before Closing. Any personal property which is left on the Premises shall be the property ofBuyer who may dispose of same. 7....Sw:vev•.. Buyer has obtained a.survey and is satisfied with same, provided no change has been made 1Il the property since the date of the survey. 8. Environmental Matters. Seller represents and warrants to Buyer as follows'. a. To the best of Seller's knowledge, the Premises have been used and operated by Seller in compliance with all applicable federal, state and local laws and regulations related to air quality, water quality, waste disposal or management, hazardous or toxic substances, and the protection of health illld the environment. b. Seller has not disposed of any hazardous or toxic substances on or in the Premises, but the premises may have been characterized as part of a "fu.cility" under Michigan law. The Premises may constitute a facility because of historic fill materials in or in the vicinity of the Premises. Seller is unaware of any plume of contaminated groundwater in or affecting the Premises. c. The Premises does not include any "underground storage tank," as that term is defined by state or federal law, to the best of Seller's knowledge. Such representations and warranties shall be deemed to have been made again by Seller as of the Closing. Seller agrees to indemnify Buyer and hold it harmless from and against any and all claims, demands, liabilities, costs, expenses, penalties, damages and losses, including, but not limited to, reasonable attorneys' fees, resulting from any misrepresentation or breach of the waITIIIlties set forth in this paragraph. The representations, warranties and covenanlE set forth in this paragraph shall survive the Closing. 9. Condition of Premises and E"""Wiuation by Buyer. SUBIBCT TO THE ABOVE REPRESENTATIONS, NO lMPLIED WARRANTIES OF HABITABILITY, QUALITY, CONDIDON, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER.IMPLIED WARRANTIES SHALL OPERATE BETWEEN SELLER AND BUYER. BUYER UNDERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE AGREEMENT, ALSO SUBJECT TO THEWARRANTY OF SELLER 'l'HAT NO HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE PREMISES. BUYER FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED 11IE PREMISES AND IS SATISF]EJ) WITH THE CONDIDON OF U·IE LAND, T AKJNG INTO ACCOUNT THE REPRESENTATIONS OF SELLER. Page 2 of 4 G:\EDSl\~ILES\00100\17Z1\RPA_RESI\AX399~,DOC 14]ooa 10. Reol Estate Commission. Buyer and Seller both acknowledge and agree that neither has dealt with nny real estate agents, brokers or salespersons regarding this snle, and that no agent, broker, salesperson or other party is entitled to a real estate commission upon the Closing of this sale. Buyer and Seller both agree t.o indemnify and hold the other harmless from any liability, including reasonable attorney fees, occasioned by reason of any person or entity asserting a claim for a real estate commission arising from actions taken by the other party. 11. Closing. The closing date of this sale shall be on or before ________, 2003 ("Closing"). The Closing shall be conducted at LandAmerica Transnation Title, Muskegon, Michigan. If required by LandAmerica Transnation Title, the parties shall execute an IRS closing report at the Closing. 12. Delivery of Deed. Seller shall e,cecute and deliver a quit claim deed to Buyer at Closing for the Premises. 13. Affidavit of Title. Ifreguired by LandAmerica Transnation Title, Seller shall deliver to Buyer an executed Affidavit of Title at closing. 14. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller on the date of Closing, 15. Costs, Seller shall be responsible to pay the Michigan transfer tilJI, ifany, in the amount required by law. Seller shall be responsible to pay for the recording of any instrument which must be recorded to clear and convey mal'ketable title to the extent required by this Agreement or by the title insurance company. Buyer shall pay for the cost ofrecording the quit claim deed to be delivered at Closing and tl1e title company fees for Closing. 16. General Provisions, a. Paragraph Headings. The paragraph headings are inserted in this Agreement only for convenience. b. Pronouns, When applicable, pronouns and relative words shall be read as plural, feminine or neuter. c. Mergel'. It is understood and agreed that all understandings and agreements previously made between Buyer and Seller ere merged into this Agreement, which alone fully and completely expresses the agreement of the parties. d. Gov!'lrning Law. This Agreement shall be interpreted and enforced pursuant to the laws of the State of Michigan. e. Successors. All terms and conditions of this Agreement shall be binding upon the parties, their heirs, executors, administrators, officers, directors, employees, agents, representatives, successors, and assigns. f. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, suoh invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and tlris Agreement shall be construed as if such invalid, illegal, or unenforceable provision(s) had never been contained herein. g. Survival of Representations and Warranties. The representations, warranties, covenants and agreements contained in this Agreement and in any instrument provided for herein Page 3 of4 C:IEDSI\FILES\00100117211RPA_~ESIIAX3S93.DDC _06/03/2~2:51 FAX 231 727 2130 WH C S ial007 shall survive the Closing and continue in full force and effect after the consummation of this purchase and sale and continue until all liabilities of Buyer have been fully satisfied. b. Modification of the Agreement. This Agreement sh.all not be amended except by a writing signed by Seller and Buyer. The parties have executed this Real Esiate Purchase Agreement the day and year first above written. WITNESSES: Seller: Muskegon Housing Commission By: ~~.. . ., ~-i\~S\~&,.,. ,_,~~ll)J'!Pf"~-- Name: _J;dward Horne Title: Ch~irman - Board o:f Commissioners Date: June 5 2003 Buyer: City Of Muskegon, a municipal corporation By: -~-,---=c-::c:-..,-------- Nsme: Stephen J. Warmington Title: Mayor Date: By_ _ _ _ _ _ _ _ _ _ _ _ _ __ Name: Gail A. Kundinger, MMC Title: Clerk Date: Page 4 of 4 GclEDSfiFILES\00100\17211RPA_RESIIAX3993,0CC MUSKEGON HOUSING COMMISSION RESOLUTION 2003-18 On February 18, 2003 the Muskegon Housing Commission agreed to the terms and conditions identified by staff and the City of Muskegon for sale and demolition of eight (8) Turnkey Ill prope1iies pending approval from HUD. A Real Estate Purchase Agreement has been drafted by City Attorney John Schrier relating to the demolition of the properties. At its June 5, 2003 the Muskegon Housing Commission Board agreed to allow staff and attorney to execute this agreement ABSENT Edward Horne Gregory Kirksey Maxine Lencar Marv Jo McCann Dated: June 5 2003 Certified ~~~~ Edward Horne, Board Cnairperson vo- ne Morrisey, l n t e r i ~ ~ ~ ~ = Y ' 2003- l 8.RLS _, - --- --~ .. _o V\ D ~ 0 .r:: ./ I I I I Commission Meeting Date: June 24, 2003 Date: June 16, 2003 To: Honorable Mayor & City Commission From: Community and Neighborhood Services Department RE: Approval of Contract with A-1 Professional Construction SUMMARY OF REQUEST: To accept the low bid submitted by A-1 Professional of Grand Rapids, Ml for the lead base abatement at the city-owned property located at 503 Octavius for $27,475. After the abatement is competed, the home will be totally rehabilitated and sold to a qualified family as a single-family owner-occupied structure. This project is under the Community and Neighborhood Services housing rehabilitation program entitled "Operation Jackson Hill Urban Renewal Project #1 (Wgirtt) FINANCIAL IMPACT: The cost of this project will be financed with 2001 HOME funds. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the contract with A-1 for $27, 475 to complete the lead base paint abatement at 503 Octavius COMMITTEE RECOMMENDATION: None required. So3 octavi u5 Lead Base Abatement Bid Results A-1 Professional Construction $27,475 2600 Miller N. W. Grand Rapids, MI Success Enterprises $33,600 5263 Apple Ave Muskegon,MI West Michigan Construction $29,350 2600 Patterson Ave S.E. Grand Rapids, MI TD: 12317252501 0 003 09:25 FROM:PRO TECH 515-354-9194 Lead Base Abatement Specification for 503 Octavius I. Siding Install (Vinyl) + Garage 2. Soffil Instal I 3. Fasica In.stall 4. ,Trim-Doors & Windows 5. Remove and Replace Windows (24) 6. Rototill 3-feet around home and add black top-soil and )1111dscaping mulch 7. Properly clean or prepare floor area throughout the house for clearance 8. Window refrarning __(4) bedrooms require egress windows q. R-4-. J t,,1,-(,..)s,~ ,,..,.4 t,,,.J *Note: All measurements are the responsibility of the contractor ;1-/ .#.,_k..,,..,/&w/4-cfer. ~ . ,:('~'° A~- 71,,,,,;, G~;j;,.,,/4 /4 'tfs-t"y &1~ .;r;./~ 9.;,..-,,, (/;I/) .36'- 'l/9 c.n,-,) 16:41 6162226027 WEST MICH CONST PAGE 02 Lead Base Abatement Specification for 503 Octavius • I. Siding lnstaJI (Vinyl) +Garage $9,900.00 ; 2. Soffit Install .i2 + #3 together $2,100.00 · 3. Fasica lnstall 4. Trim-Doors & Windows $1,200.00 $13,800.00 S. Remove and Replace Windows (24. · 6. Rototill 3•feet around home and add black top-soil and landscaping mulch $900.00 7. Properly clean or prepare floor area throughout the bowie for clellffltlce $8S0.00 8. Window reframing __(4) bedrooms require egress windoW8 $600.00 '*Nete: All measurements 11te the responsibility of the contractor WEST MICnlGAl'l CONSTRUCTION CO. 2600 PATTERSON SE GRAND RAPIDS. Ml 49546 (616) 95G·1200 SUCCESS ENTERPRISE & ENVIRONMENTAL SERVICES 2722 E. Broadway Muskegon, MI 49444 Bus: (231) 777-3538 or (231) 773-6164 Fax: (231) 773-5586 Date: May 12, 2003 Subject: Lead bid only Regarding: 503 Octavius St Muskegon, MI Bid based on recommendation by AAA Lead Inspection. Recommendation calls for full Abatement. 1) Siding $10,500.00 2) Removal & Replacement of (24) Windows $ 9,600.00 3) Exterior doors removal & replacement. $ 1,800.00 (includes key locks & dead bolts) (3) total 4) All outside wood must be wrapped in metal or soffit & facia $ 3,950,00 & any other wood material wrapped. 5) Clearance_Steam clean all floors in home using T.S.P. $ 1,400.00 Hepa Vac. to finish to pass clearance. 6) Remove old dog coup. Garage_before siding, frame with Lumber $ 600,00 7) Soil_Rototill 3-feet around home cover with landscaping $ 2,150.00 fabric. Apply 3 inches of Mulch. Alternate option E.P .A. now requires Laboratory test of polluted soil If soil is polluted & fails test. Soil must be hauled to Detroit at $650.00 per 55 gal. drum. Labeled with a E.P.A. Sticker & hauled by a certified Hazardous waste worker (Very expensive) Much cheaper to rototill & apply bark Both are fully approved. 8) Window reframing_(3) bedrooms require egress windows. Take out lead painted frames increase header to proper size. $ 600.00 Total cost $33,600.00 *Bid is subject to walk-thru/to thoroughly cover all areas oflead. Before acceptance. Thank-you Michael Fehler/',0/- /} ,_._t;,L'/"'- LEAD BASE PAINT AHA TEMENT AGREEMENT This Lead Abatement Construction Agreement made as of the 24 day of June 2003 between the City of Muskegon (the "Owner") and A-1 Professional Construction ("Lead Abatement Contractor"). BACKGROUND A Lead Abatement Contractor (LAC) and Owner agree that LAC shall abate the lead based paint hazards in the Bid Proposal for 503 Octavius a single family residence (the "Residence") attached as Exhibit C pursuant to the Infill Program, according to terms of this Agreement. THEREFORE, the parties agree as follows: 1. Price. The price for Lead Abatement Construction shall be Twenty Four Thousand Fifty Dollars $ 27,475.00("Price"). The Price may change in the event the LAC and Owner, agree to change orders, modifications or extras, as defined below, in writing and signed by all the above. 2. Costs Included. The Price shall include the cost of the building permit and all sales taxes incurred by Lead Abatement Contractor for materials purchased and installed in the Residence. The Price shall not include any other costs whatsoever associated with the construction of the Residence, including, but not limited to, utility bills, heating costs, sewer or water hook-up charges, trunkage fees: regional fees, or any other water, sewer or property tax assessments, each of which shall be Purchaser's sole responsibility. 3. Payment of the Price. The Price shall be paid in accordance with the following schedule ("Payment Schedule"). LAC may request draws from City of Muskegon acting as escrow agent. Draws may be requested no more than once per month. Requests for draws and documentation required will be in a format acceptable to the City, and shall include at a minimum lien waivers. The total amount of a draw may never exceed the percentage of completion, less a l 0% holdback. The balance owed on the contract, including any holdback, shall be paid upon satisfactory results from a Full Clearance Assessment. 4. Modifications/Extras. No modifications to the Plans ("Modifications") or requests for additional construction ("Extras") shall be binding upon either party, unless the Modifications and/or Extras are set forth on a written change order that is signed by Lead Abatement Contractor and, City of Muskegon. The Change Order must provide a detailed description of the Modifications and/or Extras and the cost or credit to be charged. Where a Change Order increases or decreases the Price ("Adjusted Price"), the Adjusted Price shall be paid according to the remaining portion of the Payment Schedule. O:\CNS\COMMON\WPDATA\HOMBPURCHASEO HOMES\503 OCTAVIUS\LEAD ABATEMENT CITY CONTRACT.DOC ~--- 1 5. Possession. Purchaser shall be entitled to possession of the Residence upon payment of the Price or Adjusted Price in full. Upon payment in full, Lead Abatement Contractor shall deliver to Owner a Full Clearance Assessment at contractor's expense a completed sworn statement and a full unconditional waiver of lien. Payment of the Price or Adjusted Price by Purchaser shall constitute the acceptance of the Residence. 6. Estimated Completion Date. Lead Abatement Contractor shall commence construction of the Residence within 30days from the date the parties sign this agreement ("Commencement Date"). Lead Abatement Contractor shall endeavor to complete the Residence within 1: weeks of the Commencement Date ("Completion Date"). Provided, that both the Commencement Date and the Completion Date may be extended as a result of circumstances beyond the control of General Contractor, including, but not limited to, delays caused by suppliers or subcontractors, delays for utility hook-ups, Acts of God, labor disputes, governmental inspections, regulations, or permit processes, material back orders, Purchaser's requests for Change Orders, fire, injury or disability to General Contractor or weather. 7. General Contractor Conditions. This Agreement is subject to and includes all of the Contractor Conditions attached to this Agreement as Exhibit A. General Contractor - A-1 Abatement Construction Dated: r,,/25 , O3 ~ By:~;.;,·,2l / ~ts: B1Jilder "--~·-·/ Owner- City of Muskegon Dated: _ _ _ _ _ _ _ _ __ By:------------- Wilmern G. Griffin It's: Director Witness Dated: ___________ By:------------- Oneata Bailey 0:\CNS\COMMON\WPOATA\HOME\PURCHASED HOMES\503 OCTAV!US\LEAD ABATEMENT CITY CONTRACT.DOC EXHIBIT A Contractor CONDITIONS I. General Contractor's Warranties. All building materials used in the construction of the Residence shall be new. General Contractor guarantees its workmanship for a period of one year from the date of final completion. Within that period, General Contractor may replace, at its option, any materials incorporated into the Residence which are defective, provided the manufacturer's warranty is still in full force and effect and, in fact, the manufacturer honors that warranty. To make a claim under this warranty, Purchaser must give General Contractor written notice of any such defect in the workmanship and/or materials promptly upon discovery and not later than expiration of the one year warranty period. This warranty does not apply to workmanship or materials requiring repair or replacement because of normal wear and tear or natural settling. General Contractor shall turn over and transfer to City all manufacturer's warranties that are delivered directly to General Contractor by the manufacturer. All warranties under this agreement shall transfer upon the date of sale to Buyer as the City's successor in interest. 2. License. General Contractor is a residential General Contractor and a residential maintenance and alteration contractor and is required to be licensed under article 24 of Act 299 of the Public Acts of 1980, as amended, being sections 339.2401 to 399.2412 of the Michigan Compiled Laws. An electrician is required to be licensed under Act No. 217 of the Public Acts of 1956, as amended, being sections 338.881 to 338.892 of the Michigan Compiled Laws. A Plumber is required to be licensed under Act No. 266 of the Public Acts of 1929, as amended being sections 338.901 to 338.917 of the Michigan Compiled Laws. General Contractor is licensed by the State of Michigan as a licensed Michigan Contractor and maintains its license in good standing. General Contractor's License and ID numbers are ,.;,,o ;,.,l~ ¥.$"1/7 and.________ , respectively. 3. Laws, Ordinances and Regulations. In connection with the construction of the Residence, General Contractor shall meet and comply with all applicable laws, ordinances, and regulations. 4. Notice of Commencement. Purchaser shall deliver a Notice of Conunencement in accordance with the Michigan Construction Lien Act within ten days of this Agreement. 5. Diligent Pursuit. General Contractor shall diligently pursue its obligations under this Agreement. If Purchaser believes that General Contractor has failed to comply with this paragraph, it shall provide General Contractor not less than 15 days written notice of such non-compliance, a list of City specific complaints, and a reasonable time within which General Contractor shall cure any such reasonable complaints. Until City fully complies with the notice provisions set forth in this paragraph, 6. Insurance. City shall procure and maintain an "all risk" insurance policy and shall name General Contractor as an additional named insured. City shall provide General Contractor with evidence of such insurance upon request. General Contractor shall maintain a policy of General Contractor's insurance fully insuring the Residence from the date construction conunences until the date of substantial completion. General Contractor shall provide Purchaser with evidence of such insurance upon request. Purchaser and General Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by insurance provided under this paragraph. 2. Miscellaneous. O:\CNS\COMMON\WPDATA\HOME\PURCHASED HOMES\503 OCTAVIUS\LEAD ABATEMENT CITY CONTRACT.DOC 9.1 Applicable Law. This Agreement is executed in, shall be governed by, and construed and interpreted in accordance with the laws of the State of Michigan. 9.2 Binding Effect. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and assigns. 9.3 Full Execution. This Agreement requires the signature of both parties. Until fully executed on a single copy or in counterparts, this Agreement is of no binding force or effect, and if not fully executed, this Agreement is void. 9.4 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original as against any party whose signature appears thereon, and all of which together shall constitute one and the same instrument. This Agreement shall become binding upon the parties when one or more counterparts, individually or taken together, shall bear the signatures of all parties. 9.5 Non-Waiver. No waiver by any party of any provision of this Agreement shall constitute a waiver by such party of such provision on any other occasion or a waiver by such party of any other provision of the Agreement. 9.6 Severability. Should any one or more of the provisions ofthis Agreement be determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not in any way be impaired or affected. 9. 7 No Discrimination. Discrimination on the basis ofreligion, race, creed, color, national origin, age, sex, marital status, or handicapped condition by either party in respect to the construction of the Residence is prohibited. 9.8 Assignment or Delegation. Neither General Contractor nor Purchaser may assign all or any part of this Agreement. Provided, that General Contractor may delegate all or any part of its obligations to perform the services under this Agreement, to any persons or entities that General Contractor, in its sole discretion, deems appropriate, including sub-contractors. Such delegation shall be at the sole expense of General Contractor unless otherwise provided. 9.9 Notices. All required or permitted written notices shall be deemed effective and duly given when: (i) personally delivered; (ii) sent by fax; (iii) one day after depositing in the custody of a nationally recognized receipted overnight delivery service; or (iv) two days after posting in the U.S. first class, registered or certified mail, postage prepaid, to the recipient party at the address as set forth at the outset of this Agreement, or to such other address as the recipient party shall have furnished to the sender in accordance with the requirements for the giving of notice. 9.10 Pronouns. For convenience, Purchaser has been referred to this Agreement sometimes in the singular and at other times in the plural. O:\CNS\COMMON\WPDATA\HOME\PURCHASED HOMES\503 OCTAVIUS\LEAD ABATEMENT CITY CONTRACT.DOC n ___ " Lead Abatement Contractor - ~, \,Profossional Constfll,ction "", \ ~ --- - ... _.- / / ,_ Dated: ,:{/45 ,:,3 ,Y~;:--- __,4._ /:'-.c'.:-S& ___ _ ------~--- A~J Professional Construction-Contractor Dated: -~r:,=.)~(,~,,--1-.!~$=0~_, C ~, Dated: O (o -~-~~~-- ho O:\CNS\COMMON\WPDATAIHOME\PURCHASED HOMES\503 OCTAVIUS\LEAD ABATEMENT CITY CONTRACT.DOC EXHIBITB Legal Description City of Muskegon revised plat of 1903 N ½ Lot 9 Blk 149 O:\CNS\COMMON\WPOATA\HOME\PURCHASEO HOMES\503 OCTAVIUS\LEAD ABATEMENT CITY CONTRACT.DOC EXHIBITC Plans and Specifications O:\CNS\COMMON\WPOATA\HOME\PURCHASEO HOMES\503 OCTAVIUS\I...EAD ABATEMENT CITY CONTRACT.DOC AGENDA ITEM NO. CITY COMMISSION MEETING 6/24/03 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: June 17, 2003 RE: Veteran's Park Maintenance Agreement SUMMARY OF REQUEST: To approve an agreement with Muskegon County and the City of North Muskegon for the maintenance of Veteran's Park. FINANCIAL IMPACT: Approximately $16,000. BUDGET ACTION REQUIRED: A budget adjustment is necessary to accommodate this increase. STAFF RECOMMENDATION: To approve the agreement. COMMITTEE RECOMMENDATION: O:COMMON\DEPTMENT\ADMIN\AGNDAFRM JMS - 0 : (VETERANS PARK-MAINT AGMT) Real Estate Maintenance Agreement This Agreement is made , 2003, by and between County of Muskegon ("County"), of990 Terrace Street, Muskegon, Michigan 49440, the City of Muskegon ("Muskegon"), of 933 Terrace Street, Muskegon, Michigan 49440, and the City of North Muskegon ("North Muskegon"), 1502 Ruddiman Drive, Muskegon, Michigan 49445. Background A. "County" is the owner of Veteran's Memorial Park. B. The parties wish to enter into an agreement regarding the long-term maintenance of the park. C. "Muskegon" has agreed to perform the physical maintenance of the property pursuant to the terms set forth in this Agreement. D. "County", "North Muskegon", and "Muskegon" have agreed to fund said maintenance pursuant to the percentage rates set forth in this agreement. Therefore, the parties agree as follows: I. General Agreement and Description of Premises. "Muskegon" agrees to perform the physical maintenance of Veteran's Memorial Park. The maintenance will cover the entire 28 acres of land. The park is located on the Causeway at the east of Muskegon Lake, the southern boundary of the City of North Muskegon, and the northern boundary of the City of Muskegon. 2. Maintenance. 2.1 "Muskegon" will be responsible for the physical maintenance of the park by using the funds from each entity. "Muskegon" will perform this maintenance by either using its own personnel and equipment, or by contracting for this work. 2.2 Level of Maintenance. "Muskegon" will be responsible for the following maintenance activities: a. Mowing, trimming, fertilizing, weed control and any other routine maintenance of the grass. b. Trash and litter removal. c. Maintaining the current irrigation system (replacing heads, repairing pumps, fixing leaks, cost of electricity, etc.). d. Pruning trees and shrubs. e. Maintenance of the parking lots. f. Painting structures and fixtures. g. Minor repairs to bridges and cannons (not including structural repairs). h. Cost of electricity. i. Maintenance and repair of the flagpoles. C:\windows\TEMP\AY2204.DOC 3. Funding and Payment. 3 .1 Primary Funding: If any county-wide millage becomes available that can be used for the maintenance of the park or if any additional veterans millage is levied for park maintenance purposes, then savings will be apportioned to all the funding entities and thereby reduce their costs on a pro rata basis. 3.2 Additional Funding: If there are costs in excess of those covered by section 3.1, the parties agree to provide funding for the maintenance of the park in according to the following percentage rates: a. "County" 42.5% b. "Muskegon" 42.5% c. "North Muskegon" 15% 3.3 Payment: After the beginning of each January "Muskegon" shall submit to "County" and "North Muskegon" an invoice for maintenance work performed during the previous calendar year. Payment my County and North Muskegon shall be made within thirty (30) days. 4. Governing Body. A board/committee will be established to determine the annual budget for the maintenance of the park, and to review and approve non-routine expenditures for such maintenance. This board/committee will be formed with one member from each City and County. Furthermore, the Muskegon County Department of Veteran's Affairs will appoint one person as a non-voting advisor to the board/committee. 4.1 Powers: Capital replacement or new capital items are not included in the maintenance activities of"Muskegon". The board/committee will review all proposals for capital replacement items or the placement of new capital items in the park. Capital improvements will not be made without Board approval. Capital items include, but are not limited to the following: a. Bridges. b. New and existing irrigation systems (including pumps). c. New trees. d. Concrete trail. e. Fountain (including lighting). f. Monuments. g. Cannons. h. Any new item added to the park after December 31, 2002, including, but not limited to the following: i. New parking lots. ii. Paved areas of parking lots iii. New flagpoles and monuments. iv. Retaining structure of ponds. v. New kiosks. vi. Additional trail(s). 1. Replacement of flagpoles. C:\windows\TEMP\AY2204.00C 5. Term. The maintenance agreement shall terminate on December 31 st 2023. Payment for the year of 2023 shall be due January of 2024. 6. General Provisions. a. Paragraph Headings. The paragraph headings are inserted in this Agreement only for convenience. b. Pronouns. When applicable, pronouns and relative words shall be read as plural, feminine or neuter. c. Merger. It is understood and agreed that all understandings and agreements previously made between "County", "Muskegon" and "North Muskegon" are merged into this Agreement, which alone fully and completely expresses the agreement of the parties. d. Governing Law. This Agreement shall be interpreted and enforced pursuant to the laws of the State of Michigan. e. Successors. All terms and conditions of this Agreement shall be binding upon the parties, their heirs, executors, administrators, officers, directors, employees, agents, representatives, successors, and assigns. f. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, orunenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision(s) had never been contained herein. g. Modification of the Agreement. This Agreement shall not be amended except by a writing signed by all parties. The parties have executed this Real Estate Transfer Agreement the day and year first above written. WITNESSES: County of Muskegon By:------------ Name: Paul Baade Title: County Chair Date: By:------------ Name: Susan Dorio! Title: County Clerk Date: C:\windows\TEMP\AY2204.DOC City of Muskegon, a municipal corporation By:----------- Name: Stephen J. Warmington Title: Mayor Date: By______________ Name: Gail A. Kundinger, MMC Title: Clerk Date: City of North Muskegon, a municipal corporation By: _ _ _ _ _ _ _ _ _ _ __ Name: Chris Witham Title: Mayor Date: By: _ _ _ _ _ _ _ _ _ _ __ Name: Ann Marie Cummings, CMC Title: Clerk Date: C:\windows\TEMP\AY2204.DOC Date: June 10, 2003 To: Honorable Mayor and City Commission From: Public Works - Water Filtration RE: Vulnerability Assessment Proposal SUMMARY OF REQUEST: To accept the proposal by Tetra Tech MPS to perform a Vulnerability Assessment of the City's water system as required by the Environmental Protection Agency. FINANCIAL IMPACT: Proposal cost of $28,000.00 BUDGET ACTION REQUIRED: May require a budget amendment if funds cannot be found within other line items, as the proposal was not budgeted. STAFF RECOMMENDATION: Recommend Mayor and Commission endorses the proposal from Tetra Tech MPS and enters into contract for performance of the Vulnerability Assessment at a cost of $28,000.00 MEMORANDUM MAY 28, 2003 TO: R. KUHN, DIRECTOR OF PUBLIC WORKS FROM: R. VENEKLASEN, WATER FILTRATION PLANT RE: VULNERABILITY ASSESSMENT PROPOSAL BACKGROUND OF REGULATION Following the events of September 11, 2001; the Environmental Protection Agency (EPA) requires all public water systems serving a population greater than 3,300 to perform a Vulnerability Assessment (VA) and subsequently formulate an Emergency Response Plan (ERP). In our case a Vulnerability Assessment must be completed and submitted to EPA by years end. We must complete and submit an Emergency Response Plan within the six month following the submission of the Vulnerability Assessment. Large water systems, those serving populations over 100,000, were provided Federal funds to complete the initial round of Vulnerability Assessments by the end of last year. Initially medium size systems, such as Muskegon, were to receive funding but the bill went unsigned by the President, and died. This occurred in the fall of last year - after the 2003 budget was established. INITIAL APPROACH Due to the lack of Federal funding we explored the possibility of performing the Vulnerability Assessment "in-house". Bruce Straley attended a RAM-W, Sandia Laboratories Methodology, training course. This course is EPA and American Water Works Association approved. Additionally, other methodologies such as the VSAT™ "water'' program, produced by the American Metropolitan Sewer Agencies (AMSA) were explored. Final evaluation of the process, regardless of method, revealed that meeting the Vulnerability Assessments and Emergency Response Plan requirements required too much staff time to complete. PROPOSAL It was determined to solicit a proposal from our consultant, Tetra Tech MPS, due to their familiarity with our plant and water distribution system. Further, they could incorporate the planned plant changes into both the Vulnerability Assessment and Emergency Response Plan documents by virtue of their knowledge of the design and intended operation. Following a review of the initial cost proposal of $50,900.00 for the Vulnerability Study alone, it was decided to request an amended proposal for a bare-bones Vulnerability Assessment only. The amended proposal reduces the involvement and effort by out-of- state engineering staff and includes only one workshop on the report findings. It does, however, include an optional additional cost for a security consultant review - should we determine the need. The final document will meet the requirements set forth by EPA and provide the guidance to address security vulnerabilities. This approach allows us to focus more effort and funds on the Emergency Response Plan - the "nuts & bolts" of what is done in the event of an emergency. More importantly, this allows us to properly plan and budget for the Emergency Response Plan to be completed early in 2004. Included is a copy of the amended proposal for your review. RECOMMENDATION It is my recommendation that we accept the proposal from Tetra Tech MPS for a cost of $28,000.00. I suggest we evaluate the need for the optional security review during the latter stage of the project to determine if it is a warranted addition. Commission Meeting Date: June 24, 2003 Date: June 17, 2003 To: Honorable Mayor and City Commissr ~rs From: Planning & Economic Development t2J' RE: ----- Rezoning request for properties located within 'Area 11' SUMMARY OF REQUEST: Request to rezone most of the 1148 properties located within 'Area 11' (bounded generally by Pine St., Walton Ave., Ryerson Creek, Kenneth St., and Irwin Ave.). FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the request. COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their 6/12 meeting, with three changes in the proposed zoning. They recommended that 410 E. Apple Ave. be rezoned to B-2 instead of RT, that 1192 Wood St. be rezoned to B-1 instead of RT, and that 1076 Ambrosia, 1080 Ambrosia, 320 Iona, 316 Iona and 310 Iona all be rezoned to R-1 instead of RT. The vote was unanimous with J. Aslakson, B. Mazade, B. Smith and T. Harryman absent. 6/17/2003 2003-52 ( f) CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCENO. 2109 An ordinance to amend the zoning map of the City to provide for zoning changes for certain properties within the area bounded generally by Pine St., Walton Ave., Ryerson Creek, Kenneth St., and Irwin Ave. THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: The zoning map of the City of Muskegon is hereby amended to change the zoning of the following described prope1iies as follows (see attached map): All prope1iies located within the Revised Plat of 1903 of the City of Muskegon: • Block 40, redraw zoning boundary to be in line with parcel boundaries • South 90 feet of the nmih 251 feet of Lot 11, Block 40 from OSC, Open Space Conservation to R-1, Single-Family Residential • Blocks 41, 42, 43, 44, 45, 46, 47, and 48 from RT, Two-Family Residential to R-1, Single- Family Residential • Blocks 54, 55 from RT, Two-Fan1ily Residential to R-1, Single-Family Residential • Block 56 from RT, Two-Family Residential and B-4, General Business to B-2, Convenience & Comparison Business, RM-1, Low Density Multiple Family Residential and R-1, Single- Family Residential • Block 57 from RT, Two-Family Residential to R-1, Single-Family Residential • Block 66 from RT, Two-Family Residential to RT, Two-Family Residential and R-1, Single-Family Residential • Block 67 from B-4, General Business and RT, Two-Family Residential to B-2, Convenience & Comparison Business, RT, Two-Family Residential and R-1, Single-Family Residential • Blocks 68, 69, 77, and 78 from RT, Two-Family Residential to R-1, Single-Family Residential • Block 79 from RT, Two-Family Residential to RT, Two-Family Residential, B-1, Linnted Business and R-1, Single-Family Residential • Blocks 80, 93, and 94 from RT, Two-Family Residential to R-1, Single-Family Residential • Block 95 from I-1, Light Industrial to I-1, Light Industrial and OSR, Open Space Recreation • Block 196 from RM-I, Low Density Multiple-Family Residential to R-1, Single-Family Residential • Blocks 198, 199,200,201,202,203,204,205,206, 0 from RM-I, Low Density Multiple- Family Residential to R-1, Single-Family Residential • Block 207 from RM-3, High Density Multiple-Family Residential to RM-3, High Density Multiple-Family Residential and RM-1, Low Density Multiple-Family Residential • Blocks 208, 209, 210, 211 from RM-1, Low Density Multiple-Family Residential to R-1, Single-Family Residential 6/17/03 2 • Block 215 from RM-I, Low Density Multiple-Family Residential and B-2, Convenience & Comparison Business to R-1, Single-Family Residential and B-2, Convenience & Comparison Business • Blocks 224 and 232 from B-5, Central Govermnental Service to B-5, Central Govermnental Service and OSR, Open Space Recreation • Block 234 from B-4, General Business and RM-1, Low Density Multiple-Family Residential to B-2, Convenience & Comparison Business and R-1, Single-Family Residential • Block 235 from B-4, General Business and RM-I, Low Density Multiple-Family Residential to B-4, General Business and R-1, Single-Family Residential • Block 236 from RM-I, Low Density Multiple-Family Residential to R-1, Single-Family Residential and OSR, Open Space Recreation • Blocks 237 and 245 from RM-I, Low Density Multiple-Family Residential to R-1, Single- Family Residential • Block 246 from RM-I, Low Density Multiple-Family Residential to R-1, Single-Family Residential and OSR, Open Space Recreation • Blocks 247 and 248 from RM-I, Low Density Multiple-Family Residential to R-1, Single- Family Residential • Block 249 from RM-I, low Density Multiple-Family Residential to RT, Two-Family Residential and B-1, Limited Business • Block 250 from RM-I, Low Density Multiple-Family Residential to R-1, Single-Family Residential and OSR, Open Space Recreation • Blocks 251 and 260 from RM-I, Low Density Multiple-Family Residential to R-1, Single- Family Residential • Block 261 from RM-I, Low Density Multiple-Fan1ily Residential to R-1, Single-Family Residential and OSR, Open Space Recreation • Block 262 from RM-I, Low Density Multiple-Family Residential to RT, Two-Family Residential and B-1, Limited Business • Block 263 from RM-I, Low Density Multiple-Family Residential to R-1, Single-Family Residential and OSR, Open Space Recreation • Blocks 264, 268, and 269 from RM-I, Low Density Multiple-Family Residential to R-1, Single-Family Residential All prope1ties located within the Subdivision of Block 95 • Lots 1-7 from R-1, Single-Family Residential to RM-1, Low Density Multiple-Family Residential • Lots 17-48 from RT, Two-Family Residential to R-1, Single-Family Residential • Lots 49-51 from I-1, Light Industrial to B-1, Limited Business • Lots 52-54 from I-1, Light Industrial to R-1, Single-Family Residential • Lots 55 and 56 from I-1, Light Industrial to B-1, Limited Business • Lots 59-69 from I-1, Light Industrial to B-1, Limited Business 6/17/03 3 This ordinance adopted: Ayes: Buie, Gawron, Larson,· Schweifler, Shepherd, Spataro, Warmington Nayes: None - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - Adoption Date: June 24, 2003 Effective Date: July 1 0, 2003 First Reading: June 24, 2003 Second Reading: N/ A -------'----------- CITY OF ~SKEG~N/ . By dc.,L 0. I<.....,_~ ' Gail A. Kundinger, MMC,tyClerk CERTIFICATE (City Commission Date: June 24, 2003, Rezoning of Area 11) The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby ce1iify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 24th day of June 24, 2003, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I fi.uiher certify that the meeting was conducted and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as required tl1ereby. ~ n. . j DATED: June 24 , 2003. ~ )/4 ~~ Gail A. Kundinger, MMC Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. Staff Report [EXCERPT) CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING June 12, 2003 Hearing; Case 2003-23: Staff-initiated request to rezone multiple properties in the portion of the city known as Area 11, bounded generally by Pine St., Walton Ave., Ryerson Creek, Kenneth St., and Irwin Ave. BACKGROUND This case is a continuation of the 'blight fight' effort begun by the City Commission last year. So far the entire area bounded by Peck St., Southern Ave., Seaway Dr. and Apple Ave. has been studied and paiis of it rezoned, as 'Area IO' and 'Area 1Ob'. The current target area for the blight fight effo1i is labeled 'Area 11 ', and encompasses the area bounded by Walton St., Ryerson Creek, Kenneth St., Irwin Ave., and Pine St. This ai·ea contains I, 148 parcels. Staff has conducted a land use survey and sent out letters to property owners asking them to verify that the land use we have on record for their property is correct. A land use map of Area 11 is included in this packet. Based on the land use survey and Master Plan recommendations for this area, staff is proposing to rezone many of the pai·cels in Area 11. A mailing has been sent to every property owner and tenant of record, both within Area 11 and within 300 feet of the boundaries of Area 11, informing them that this rezoning is being proposed and discussed by the Planning and City Commissions. Approximately 2,000 letters were sent out in this rezoning effmi. The current zoning of many of the residential properties within Area 11 (see enclosed map labeled 'Cunent Zoning') is either RT, Two-Family Residential or RM-1, Low Density Multiple- Family Residential. There is also an area on the east side of Area 11 which is currently zoned R- I, Single-Fainily Residential. The land use survey showed that although there are many existing multi-family dwellings within the area, the majority ofresidential properties do contain single- family homes. Therefore, staff is proposing to rezone most of the RT and RM-I zoned residential prope1iies to R-1, Single-Family Residential. Any existing multi-family units would be permitted to remain as legal nonconforming uses, but no further single-family homes would be able to be converted to multi-family units. Existing multi-family developments such as Cogic Village and Bayview Towers would remain as currently zoned (RM-I and RM-3, respectively). Some RT and RM-I zoning would remain, but would be focused along Apple Ave. and Wood St. where many multi-family uses are concentrated and where they would act as a buffer between commercial areas and the primarily single-family area more interior to the neighborhood. The western edge of Area 11 is currently zoned B-5, Governmental Services. Staff is not proposing any changes to this zoning. Along Apple Ave. ai·e many existing commercial City of Muskegon Planning Commission- 6/12/03 buildings, most of which are currently zoned either B-2, Convenience & Comparison Business or B-4, General Business. Staff is proposing to downzone most of the B-4 properties to B-2, leaving only the Goodwill property zoned as B-4. Staff is also proposing to downzone some of the B-2 properties to B-1. This approach is intended to keep Apple Ave. from becoming more heavily commercialized while still allowing the types of commercial uses which are more compatible with the surrounding residential area. As Goodwill is located closer to the downtown and the existing B-5 area, staff does not see any need to make this use nonconforming by downzoning it. There is a small pocket of industrial zoning along the southern edge of Area 11. This area is currently zoned 1-1, Light Industrial because there have historically been several existing industrial uses there. Staff is proposing to leave most of this area as currently zoned, while changing some properties more adjacent to the neighborhood to B-1. A map of the proposed zoning for Area 11 is included in this packet. DELIBERATION Criteria-based questions typically asked during a rezoning include: I. What, if any, identifiable conditions related to the petition have changed which justify the petitioned change in zoning. 2. What are the precedents and the possible effects of precedent which might result from the approval or denial of the petition. 3. What is the impact of the amendment on the ability of the city to provide adequate public services and facilities and/or programs that might reasonably be required in the future if the petition is approved. 4. Does the petitioned zoning change adversely affect the enviromnental conditions or value of the surrounding property. 5. Does the petitioned zoning change generally comply with the adopted Future Land Use Plan of the City. 6. Are there any significant negative environmental impacts which would reasonably occur if the petitioned zoning change and resulting allowed structures were built such as: a. Surface water drainage problems b. Waste water disposal problems c. Adverse effect on surface or subsurface water quality d. The loss of valuable natural resources such as forest, wetland, historic sites, or wildlife areas. City of Muskegon Planning Commission - 6/12/03 2 7. Is the proposed zoning change a "Spot Zone"? a. Is the parcel small in size relative to its surroundings? a. Would the zoning change allow uses that are inconsistent with those allowed in the vicinity? b. Would the zoning change confer a benefit to the property owner that is not generally available to other properties in the area? c. A spot zone is appropriate if it complies with the Master Plan. City of Muskegon Planning Commission-6/12/03 3 CITY OF MUSKEGON NOTICE OF ADOPTION Please take notice that on June 24, 2003, the City Commission of the City of Muskegon adopted an ordinance amending the zoning map to change the zoning of the following described properties as follows: All properties located within the Revised Plat of 1903 of the City of Muskegon mid in the Subdivision of Block 95, in the area bounded generally by Pine St., Walton Ave., Ryerson Creek, Kenneth St., and Irwin Ave.: Properties located within the Revised Plat of 1903 of the City of Muskegon: • Block 40 redraw zoning boundary to be in line with parcel boundary • South 90 feet of the north 251 feet of Lot 11, Block 40 from OSC, Open Space Conservation to R-1, Single-Family Residential • Blocks 41, 42, 43, 44, 45, 46, 47, and 48 from RT, Two-Family Residential to R-1, Single-Family Residential • Blocks 54, 55 from RT, Two-Fmnily Residential to R-1, Single-Family Residential • Block 56 from RT, Two-Family Residential and B-4, General Business to B-2, Convenience & Comparison Business, RM-1, Low Density Multiple Family Residential and R-1, Single-Family Residential • Block 57 from RT, Two-Fmnily Residential to R-1, Single-Family Residential • Block 66 from RT, Two-Fmnily Residential to RT, Two-Fmnily Residential and R-1, Single-Family Residential • Block 67 from B-4, General Business and RT, Two-Family Residential to B-2, Convenience & Comparison Business, RT, Two-Fmnily Residential mid R-1, Single- Family Residential • Blocks 68, 69, 77, and 78 from RT, Two-Fmnily Residential to R-1, Single-Family Residential • Block 79 from RT, Two-Fantily Residential to RT, Two-Fmnily Residential, B-1, Limited Business and R-1, Single-Family Residential • Blocks 80, 93, and 94 from RT, Two-Family Residential to R-1, Single-Fmnily Residential • Block 95 from I-1, Light Industrial to I-1, Light Industrial and OSR, Open Space Recreation • Block 196 from RM-I, Low Density Multiple-Fmnily Residential to R-1, Single- Fmnily Residential • Blocks 198, 199, 200, 201, 202, 203, 204, 205, 206, 0 from RM-I, Low Density Multiple-Fmnily Residential to R-1, Single-Family Residential • Block 207 from RM-3, High Density Multiple-Fmnily Residential to RM-3, High Density Multiple-Fmnily Residential and RM-I, Low Density Multiple-Family Residential • Blocks 208,209,210, 211 from RM-I, Low Density Multiple-Family Residential to R-1, Single-Family Residential 6/17/03 6 • Block 215 from RM-1, Low Density Multiple-Family Residential and B-2, Convenience & Comparison Business to R-1, Single-Fan1ily Residential and B-2, Convenience & Comparison Business • Blocks 224 and 232 from B-5, Central Governmental Service to B-5, Central Governmental Service and OSR, Open Space Recreation • Block 234 from B-4, General Business and RM-1, Low Density Multiple-Family Residential to B-2, Convenience & Comparison Business and R-1, Single-Family Residential • Block 235 from B-4, General Business and RM-1, Low Density Multiple-Family Residential to B-4, General Business and R-1, Single-Family Residential • Block 236 from RM-1, Low Density Multiple-Family Residential to R-1, Single- Family Residential and OSR, Open Space Recreation • Blocks 237 and 245 from RM-1, Low Density Multiple-Family Residential to R-1, Single-Family Residential • Block 246 from RM-1, Low Density Multiple-Family Residential to R-1, Single- Family Residential and OSR, Open Space Recreation • Blocks 247 and 248 from RM-1, Low Density Multiple-Fan1ily Residential to R-1, Single-Family Residential • Block 249 from RM-1, low Density Multiple-Family Residential to RT, Two-Family Residential and B-1, Limited Business • Block 250 from RM-1, Low Density Multiple-Family Residential to R-1, Single- Family Residential and OSR, Open Space Recreation • Blocks 251 and 260 from RM-1, Low Density Multiple-Family Residential to R-1, Single-Family Residential • Block 261 from RM-1, Low Density Multiple-Family Residential to R-1, Single- Family Residential and OSR, Open Space Recreation • Block 262 from RM-1, Low Density Multiple-Family Residential to RT, Two-Family Residential and B-1, Limited Business • Block 263 from RM-I, Low Density Multiple-Family Residential to R-1, Single- Family Residential and OSR, Open Space Recreation • Blocks 264, 268, and 269 from RM-I, Low Density Multiple-Family Residential to R-1, Single-Family Residential Properties located within the Subdivision of Block 95 • Lots 1-7 from R-1, Single-Family Residential to RM-1, Low Density Multiple-Family Residential • Lots 17-48 from RT, Two-Family Residential to R-1, Single-Family Residential • Lots 49-51 from I-1, Light Industrial to B-1, Lin1ited Business • Lots 52-54 from I-1, Light Industrial to R-1, Single-Family Residential • Lots 55 and 56 from I-1, Light Industrial to B-1, Limited Business • Lots 59-69 from I-1, Light Industrial to B-1, Lin1ited Business Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. 6/17/03 7 This ordinance amendment is effective ten days from the date of this publication. Published _~J~u=n=e~3~0~_ _, 2003 CITY OF MUSKEGON By _ _ _ _ _ _ _ _ _ _ _ __ Gail A. Kundinger, MMC City Clerk PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. AccountNo. 101-80400-5354 6/17/03 8 I I I 11 11 I / 11J l ' ) -6 II \\ ~ ~' - - - - " L;,1,~sssss~lJ Area 11 Proposed Zoning Revised as of 6/12/03 Area11zone.shp LJ R•1: Single-Family Residential c:J RT: Two--Family Residential LJ RM-1 : Low Density Multiple-Family Residential ~ RM-2: Medium Density Multil)le-Family Res.lde~ial Rfo.+3: High Density Multipto-Famlfy Residential >I LJ PUD OVeltay c:J S-1: Limited Business >)J LJ S-2: convenience and Comparison Busi ness LJ S-3: Central Business CJ 8-4: Genenll Busine-$5 ~ B--5: Governmental Services LJ 1-1: Light lndustrlal D * 1·2: General Industrial )j j// /j Wl·PUO: Waterfront Industrial Planned Unit Development - D OSC: Open Space Conservation - OSR: Open Spaee Recreation N LR: L.akefront Reere:atlon LJ WM: Waterfront Marine w E LJ H: Heritage AGENDA ITEM NO. Joo3 -s- ~ ~) CITY COMMISSION MEETING 6/24/03 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: June 17, 2003 RE: Industrial Facilities Tax Payment Agreement - Burgess-Norton SUMMARY OF REQUEST: To approve an IFT payment agreement with Burgess-Norton to pay Industrial Facilities taxes as a result of the closing of their facility in the City. FINANCIAL IMPACT: $217,390 to be distributed to the taxing jurisdictions. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached agreement. COMMITTEE RECOMMENDATION: None. O:COMMON\DEPTMENT\ADMINIAGNDAFRM JMS - 0: (BURGESS-NORTON-I FT TAX PYMT) DRAFT 06/10/03 CONTRACT FOR PAYMENT OF JEOPARDY ASSESSMENT AND INDUSTRIAL FACILITIES TAX This Agreement is effective on _ _ _ 2003, between the City of Muskegon, of933 Terrace Street, Muskegon, Michigan, 49443-0536 ("City") and Burgess Norton Mfg. Co., a Division of Amsted Industries, Inc., of737 Peyton St., Geneva, IL, 60134-2189 ("Burgess Norton"). Background A. Burgess Norton applied for and received an Industrial Facilities tax exemption beginning December 30, 1996. B. The City and Burgess Norton entered into an Industrial Facilities Tax Exemption (!FT) contract on November 18, 1996. C. During 2003, Burgess Norton removed substantially all of its production facilities and jobs, without transferring either to another facility in the City. D. In April 2003, imposed a jeopardy assessment on the personal property E. In April of 2003, Burgess Norton held an auction selling real property located at the Burgess Norton facility in Muskegon, Michigan. The auction proceeds, approximately $450,000, is being held by the auctioneer. Agreement Incorporating the above provisions, the parties agree as follows: I. Burgess Norton Obligations. Burgess Norton agrees to do the following: 1.1 IFT Exemption Repayment. Burgess Norton will pay to the City $112,390, plus interest at the rate of 6% on the outstanding balance from the date of execution of this agreement, in five annual installments. The first installment is due upon execution of this agreement. All future installments will be due on July 1. If a payment is missed, the entire remaining balance agreed pursuant to paragraph 1.1 will accelerate to the date in which payment is missed. Burgess Norton agrees to pay all attorney fees incurred by City, including future attorney fees that may result from a missed payment, or other breach, of this contract. 1.2 Jeopardy Assessment. Burgess Norton agrees to escrow, in an interest bearing account, $105,000 with Huntington National Bank to pay all 2003 real and personal property taxes attributable to the Burgess Norton facilities in Muskegon, Michigan. The monies held in escrow shall be used to satisfy 2003 real and personal property taxes with such payment being made prior to February 14, 2004. To the extent that the 2003 taxes owed are less than the amount in the escrow account, the balance in the escrow account, both principal and interest, shall be returned to Burgess Norton. To the extent that the 2003 taxes owed are more than the amount in the escrow account, Burgess Norton shall pay the shortfall by February 14, 2004. 2. City Obligations. City agrees to do the following: 2.1 IFT Exemption Repayment. The City will forgo any IFT Exemption repayment from Burgess Norton above the stated amount in Section 1.1. 2.2 IFT Revocation. The City will not take action on terminating the Burgess Norton Industrial Facilities Tax Exemption Certificate prior to December 1, 2003. 2.3 Jeopardy Assessment. Upon or contemporaneous with the escrowing of funds pursuant to paragraph 1.2, City shall release its jeopardy assessment. 3. Miscellaneous. 3 .1. Governing Law. This Agreement shall be governed in all respects by the laws of the State of Michigan. 3 .2. Entire Agreement. This Agreement sets forth the entire understanding of the parties with respect to its subject matter. This Agreement supersedes and/or replaces any oral or written Agreement(s) relating to the subject matter entered into by the parties before the date of this Agreement. 3 .3 Successors. All terms and conditions of this Agreement shall be binding upon the parties, their successors, and assigns. 3 .4 Modification of the Agreement. This Agreement shall not be amended except by a writing signed by all parties. The parties have executed this Agreement as of ______, 2003, with the consent and approval of their governing bodies. It is effective on the effective date set forth above. City of Muskegon By_ _ _ _ _ _ _ _ _ _ _ _ __ Stephen J. Warmington, Mayor and_ _ _ _ _ _ _ _ _ _ _ _ __ Gail A. Kundinger, MMC, Clerk Burgess Norton Mfg. Co. Division of Amsted Industries, Inc. By_ _ _ _ _ _ _ _ _ _ _ _ __ Its _ _ _ _ _ _ _ _ _ _ _ _ __ and· - - - - - - - - - - - - - - - Its _ _ _ _ _ _ _ _ _ _ _ _ __ DRAFT 06/10/03 ESCROW AGREEMENT This Escrow Agreement is made on _ _ _ _, 2003, by and between the City of Muskegon, of933 Terrace Street, Muskegon, Michigan, 49443-0536 ("City"), Burgess Norton Mfg. Co., a Division of Amsted Industries, Inc., of737 Peyton St., Geneva, IL, 60134-2189 ("Burgess Norton") and Huntington Bank, a _ _ _ _ _ corporation ("Escrow Agent"), with reference to the following facts: Background A. Burgess Norton and the City have agreed to use One Hundred Five Thousand Dollars ($105,000) of the proceeds from the auction of Burgess Norton property to be used to pay the 2003 property tax assessment for Burgess Norton. Remaining proceeds of the property auction will be returned to Burgess Norton. B. Burgess Norton and the City desire to enter into this Agreement in order to establish an escrow account with Escrow Agent which shall be used to pay for Burgess Norton's 2003 property tax assessment. Therefore, parties agree as follows: I. Escrow Deposit. On the date of this Escrow Agreement, Burgess Norton, for the benefit of the City, has deposited the sum of One Hundred Five Thousand Dollars ($105,000) into an interest bearing escrow account established with Escrow Agent (the "Deposit"). 1.1 Buyer and Seller acknowledge and agree that the Deposit shall by held and dispersed by the Escrow Agent in accordance with the terms and conditions set forth in this Agreement. Escrow Agent acknowledges receipt of the Deposit. 2. Payment to City. Escrow Agent shall hold the Deposit in escrow and pay the Deposit to the City by February 14, 2004, upon assessment of Burgess Norton's 2003 property tax obligation. Burgess Norton and the City shall jointly authorize payment of the monies to the City in writing upon said transfer. 2.1 In event the 2003 property tax assessment is for less than the balance in the account, the remaining balance of the Deposit will be returned to Burgess Norton. 2 .2 In event the 2003 property tax assessment is for more than the balance in the account, Burgess Norton agrees to pay, by February 14, 2003, the remaining property tax balance due. 3. Termination. This Escrow Agreement shall terminate with the delivery of the Deposit as directed above. 4. Interest. Any interest that is earned on the deposit shall be disbursed pursuant to paragraphs 2.1 or 2.2. 5. Status of Escrow Agent. Escrow Agent, in the performance of its duties under this Agreement, shall be deemed an independent party not acting as the agent of the City, Burgess Norton, or other interested party. So long as Escrow Agent relies upon any payment authorization signed by both Burgess Norton and the City, Escrow Agent shall have no liability whatever to the parties for any error in such authorization, or for any act or omission by Escrow Agent in reliance thereon. Escrow Agent shall be relieved of all liability upon release, in accordance with this Agreement, of all amounts deposited with it pursuant to the this Agreement. 6. Miscellaneous. a. Amendment. This Agreement shall not be changed except by a writing executed by each party. b. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given if delivered or mailed, first class, postage paid, to the appropriate party at the party's address set forth in this Agreement or to such other address that shall be designated in writing. c. Governing Law. This Agreement shall be governed in all respects by the laws of the State of Michigan. d. Headings. The paragraph headings used in this Agreement are included solely for convenience. e. Entire Agreement. This Agreement sets forth the entire understanding of the parties. This Agreement supersedes and/or replaces any oral or written Agreement(s) relating to the subject matter entered into by the parties before the date of this Agreement. f. Binding Effect. This Agreement, inclusive of its terms and provisions, shall survive Closing and shall be binding on, inure to the benefit of, and be enforceable by, the parties' heirs, legal representatives, successors, and assigns. This Agreement was executed on the date set forth above. City of Muskegon By_ _ _ _ _ _ _ _ _ _ _ _ __ Stephen J. Warmington, Mayor and- - - - - - - - - - - - - - Gail A. Kundinger, MMC, Clerk Burgess Norton Mfg. Co. Division of Amsted Industries, Inc. By: _ _ _ _ _ _ _ _ _ __ Name: _ _ _ _ _ _ _ _ _ _ __ Its: _ _ _ _ _ _ _ _ _ _ _ __ By: _ _ _ _ _ _ _ _ _ __ Name: _ _ _ _ _ _ _ _ _ _ __ Its: _ _ _ _ _ _ _ _ _ _ _ __ Escrow Agent - Huntington National Bank By: _ _ _ _ _ _ _ _ _ __ Name: _ _ _ _ _ _ _ _ _ _ __ Its:- - - - - - - - - - - - - 2003-52 (g) CONTRACT FOR PAYMENT OF JEOPARDY ASSESSMENT AND INDUSTRIAL FACILITIES TAX This Agreement is effective on M2 4/ 2003, between the City of Muskegon, of 933 Terrace Street, Muskegon, Michigan, 49443-0536 ("City") and Burgess Norton Mfg. Co., a Division of Amsted Industries, Inc., of737 Peyton St., Geneva, IL, 60134-2189 ("Burgess Norton"). Background A. Burgess Norton applied for and received an Industrial Facilities tax exemption beginning December 30, 1996. B. The City and Burgess Norton entered into an Industrial Facilities Tax Exemption (IFT) contract on November 18, 1996. C. During 2003, Burgess Norton removed substantially all of its production facilities and jobs, without transferring either to another facility in the City. D. In April 2003, imposed a jeopardy assessment on the personal property E. In April of 2003, Burgess Norton held an auction selling real property located at the Burgess Norton facility in Muskegon, Michigan. The auction proceeds, approximately $450,000, is being held by the auctioneer. Agreement Incorporating the above provisions, the parties agree as follows: I. Burgess Norton Obligations. Burgess Norton agrees to do the following: 1.1 IFT Exemption Repayment. Burgess Norton will pay to the City $112,390, plus interest at the rate of 6% on the outstanding balance from the date of execution of this agreement, in five annual installments. The first installment is due upon execution of this agreement. All future installments will be due on July 1. If a payment is missed, the entire remaining balance agreed pursuant to paragraph 1.1 will accelerate to the date in which payment is missed. Burgess Norton agrees to pay all attorney fees incurred by City, including future attorney fees that may result from a missed payment, or other breach, of this contract. 1.2 Jeopardy Assessment. Burgess Norton agrees to escrow, in an interest bearing account, $105,000 with Huntington National Bank to pay all 2003 real and personal property taxes attributable to the Burgess Norton facilities in Muskegon, Michigan. The monies held in escrow shall be used to satisfy 2003 real and personal property taxes with such payment being made prior to February 14, 2004. To the extent that the 2003 taxes owed are less than the amount in the escrow account, the balance in the escrow account, both principal and interest, shall be returned to Burgess Norton. To the extent that the 2003 taxes owed are more than the amount in the escrow account, Burgess Norton shall pay the shortfall by February 14, 2004. 2. City Obligations. City agrees to do the following: 2.1 IFT Exemption Repayment. The City will forgo any IFT Exemption repayment from Burgess Norton above the stated amount in Section 1.1. 2.2 IFT Revocation. The City will not take action on terminating the Burgess Norton Industrial Facilities Tax Exemption Certificate prior to December 1, 2003. 2.3 Jeopardy Assessment. Upon or contemporaneous with the escrowing of funds pursuant to paragraph 1.2, City shall release its jeopardy assessment. 3. Miscellaneous. 3 .1. Governing Law. This Agreement shall be governed in all respects by the laws of the State of Michigan. 3 .2. Entire Agreement. This Agreement sets forth the entire understanding of the parties with respect to its subject matter. This Agreement supersedes and/or replaces any oral or written Agreement(s) relating to the subject matter entered into by the parties before the date of this Agreement. 3.3 Successors. All terms and conditions of this Agreement shall be binding upon the parties, their successors, and assigns. 3 .4 Modification of the Agreement. This Agreement shall not be amended except by a writing signed by all parties. The parties have executed this Agreement as of June 2 4 , 2003, with the consent and approval of their governing bodies. It is effective on the effective date set forth above. Burgess Norton Mfg. Co. Division of Ams ed Industries, Inc. Its f Ve< \deh T and~ffl'-- lts (o(/\IV-() llev: p, 1 ..,'-''' ._, VV V.&. • ....,.._,r,' 333 North Cedar St. • l..1t,5jn9, Mr 46912 Phone: ~17.267,1502 • Fnx; ~17.267.89!>5 Meridian m(!SJ?!Odt1diQ1)@_1_1ol.com Entertainment Group To: Bryon Mazade From: Kevin Meyer Fax: (231) 722-1214 Pagff: 1 of 6 Phone: (231)72¼724 Date, 6-24--03 Re: Permit for 6126/03. Pyro, LL Coot J CC: file S Urgent O For Review D Please Comm- D Please Reply O Pleoso R0<:ycle Brian, attached is the application, cert. Of insurance, and stage plot as faxed on 6/20. Let me know if this is still possible. My office is 517-267-1502, my cell is 517-410-5914. Thanks, Kevin Meyer 200;3-52 (h) PERMIT FOR FIREWORKS DISPLAY Act 358, P.A. 1968 This permit is not transferable. Possession of this permit by the herein named person will authorize him to possess, transport and display fireworks in the amounts, for the purpose, and at the place listed below only. TYPE OF DISPLAY: (X) PUBLIC DISPLAY ( ) AGRICULTURAL PEST CONTROL ISSUED TO: NAME Tom Brewer ADDRESS AGE 1708 Guill Rd. 39 REPRESENTING NA>"v!E OF ORGANlZATION, GROUP, FIRM OR CORPORATION SACHA MONAST ADDRESS 7676 Woodbine Ave., #8 Markham, ON NUMBER & TYPES OF FIREWORKS: See Attached DISPLAY: EXACT LOCATION Heritage Landing, Summer Celebration CITY. VILLAGE, TOWNSHIP DATE TIME June 26 2003 9:00PM BOND OR rNSURANCE FILED: () NO AMOUNT 5,000,000.00 ISSUED BY· Issued by action of the M1/SKEGON CITY COMMISSION (council, commiuion. bot.rd) of the CITY of Ml/SKEGON (city, v1ll1!Je_ ti:iwrullip) {11!J11•rure &. po1it1on of .:ouncil, commission or board rcpresenutive) :,1 ·, ctu-t1s:,:, p.3 VUJI C..'T u..::, U.l i ..:,Of' r..ev1n L. r,e~er ~b/L~/2003 ll:51 905-479-3515 PVROtEK SPECIAL EFFS PAGE 0&/08 ,.-,-.)2( \i•N) APPUCATION FOR FIREWORKS DISPLAY PERMIT Ac, 358, P.A. 1968 i OAT'I ~ A""""'IC'AT/0111 1. l''r,-C: Ofl 0-tSP'LA Y. - • r.,.HC"Ol.aJtl.-y • A.a•lc•l...,.-.f p.,.._. ··- C--."""' • A0f'l.~"1' __sic ... ··moN~, 0uc -1F B z-,L. #>QC;•,.•• - ;H .,~ _,_ K.~Af:t6'itm"<., .,..;_, ... :;;;,?<,v!~tJ~ry, ,.gD•U•i 1, n ' ( _M 11.12,,,.,,,, _ /IA J J.. PWI.OT£CKN e,-r:-.,..Yoa .,. ~,.,. ,..,o,t\. ~ , ....;e,(" i -,·r~fi G 0 £1 I. {IR,./ ACl!t ~..1-~t:t-• IAl"Olllllf(;f:,,,, ,,JJ \ , "'~(• O'• •C ~_e.( .1~ ,. ~..-.- C 1)1' r .", 0,, ,,o 1)13'«..A~ •...e"f. . "~..-J..I.. /'i,,,_,, r , rr",· £!Jf.p.OO /1.., ~ ',.,,._,J,..-, efc. ,.A.W> o, ... . . .ffA-,,,a: ~ "f?:11 n. ~r('7d((<::7.C.fJ. ___ -Zf::.Z._9~St._ ..,_IC I ......... .,.1~.f- . 39 "(;( , 4, NON,Ats1oe.J. AP~"-ICANT AO""""' . ~-r~•. 11t•,.t ... .., C'f ,..;o.,..I .a.(lbf'fl•" .,,, .... ,.._.. ........ ..,_ .. ··-· ON"I! NWMII .). CXACY l.,O(:AffO.. - GI"' i,,llfOrmt:D OIS,-LAY . -. !iEt1_j4)_ ~_._t- .v•-. we:;fe.r.n .. IY/u5k(!.,,,cw ~MT 4.fJ.f:!l2._ :--rr,,,.? ct_'I ~ ®..3_ I""" - ~~E, --~1.1(1~ ~ ,r111u:wO.Jl(Jl. TO~ OQ.tlU~O __ R~ &t Effeds l18.~---· ··- ........ - •.. -~· ... .. ··- --·---· --· , ., ... ,.,. • ri.A t ~ ¥r'Olf~'f,OP, Y(I CNl:I\.A.Y . _f.Occd D/ € ., ... ~(' f.:t.b?-R vVIC/.Jq 3m-P ,., ··- ·-•- ... 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Ef·.FICTS DESCRIPTION --•·<" ·-•«••---. ··-·•·-·-.. •·-·. -·•·-·•-·--•--·•·------·--·--·-----·-·-···· ... ········•··· ··-· Gex-b- Tube devi.c~ t~at emits a spray of silvet sparks, duration depends on device; i.e. 8ioo~ 8 seconds by 10ft, ½ x20= ½ second by 20ft. Gex-b Wateriall · Tube devices are placed in Close Proximity to create the illusion of a watedall. P.-e-Loadw F1a.sh - Pre-measured manufactured flash powder in flash pot. Emit.s a bright flash approximately 1/2 second duration, 3 ft in height. Dragons/ Torches -A propane fed device with a cootrollable column offla:mc and/ or fireball, height adjustable between s and 40ft for tlie Dragons and 6 inches to 2 feet for the Torches. 7676 wooDBIN£Av£. Sur,-,;# 8 1 MAI\J • • FAX Q0S·479·as>:, ~1 f ~b /-t:,:tj~:'.> p.;:, Jun~~ u~ u1~~1p r..ev1n L• r1e~er PAGE 03/08 905-d79-35l 5 PYROTE:K SPECIAL t;;FFS 06/2d/2003 11:51 t:l, D ,_ ..0 Q) :., 'O ...>i \; ,,s ... r.,) Q) ID ~ .!!! ,-. -- U) 0 :,, @SJ ~ - OJ ro ~ (;'I ""... ,. ---· ..c: • •, ~, 'C ..0 --~lG-1~• 1J'IQ,:;~JW!.:""' ..... ~ -(5) ... . "',_ gi, ei _c: ••• 12s} . .,,. ~ ·- ,.,.. . Q) ro fl» .?: ~ ~ •••• Vi "'- '"CJ (S) •• .il~'- t:);.)!;" .,.,,....,,. 0-VlQ) - ru -e:, C'IJ ,,, - >< ..O, 0 ~f) ~ ~ -~ • ••• ~-2' ,. ~ 0 • • -~-';, • ~·jffl~ 0: • • ' i,,,...,,._..,., ~"""''" ... 0 .. ~ 0 00/26/ZOO:J THU 08:32 FAX 248 5J5 0471 IBEX ENTERPRISES ~002 •G/25/2~08 19·•0 905-479-3515 PYROTEK 5PECXA~ EFFS PAGE 02/JiJ2 ( e\~~~~o" 1~,,;,k fCERTIFICATE OF LIABILITY"INSURA.t~CE !i "''''"'"Mmo,m 6/,sroJ 1 i i l'll0DlJC£:R . _ _. THISCE:.RTIF1CATEPOE$~0TA.M£NO.F,XT~;,,.'.~(l'R.AL.-~"ER: TME COYIIRAGE AFFO'ttl)F;D BY Tlfi;; rt)t,.ICJES BELOW. I .I ORATION U'JSURANCE BROKERS, INC. P ,0. BOX 94067 . ,- I Bfi\MINGHAM, AJ,.ABAMA 35220 (205) B54·5806 1Ni , NOrttTnl~Tl\l'IOllll(i Al',-Y MQVllt1.M'ENT. ; Tlil~~t.OR CCl1'"tlnl(U,J ov ANYCONTR~CT DR DTH~iR LJO((/l'IJE:.JH WJ'J'i; l!V5rli-CTT() ~il1UCIITI1150!m'itl"l~ll.'l"'QM,-.Y !!'E l~S\/EJ)QR "-1A.V !'0:1\TAIN. ·i OI.IClES, MiGKr.c;,11,,n LIMIT~ $H(IWN Mi\.Y ti~ v>: ~'!illN !\E~U(:1)1) ~v I !' l'l$1S. PAI.I~ ¢u.Ji\l!i LTT1, I 'T"if'E DFfN!;tJJU,."IC5 l'OIJ(;"'>'.°Vl!M!!.rtR. PQLl(:\'._E!!!~CTlVE 1'01,.\t;'Ylj";a;'.!'!R>.TlON Di\Tf. LJ,"1n'.~ I .! C[Ni.ff..ll.LIAlllU'l"i ..'..,- I 1.0£'.~U\l.lH-i.Nrl:i s 5,r.oa,ooo -•-,;;·vMM[P.CIAJ..t;:,l;"-l\;IU,.:._ L!AflU,rrv l-11l.Ji l>AMACI~ (A,11 ,1,w li"'l) s JMOO A _X_/J('CLRR.!!:-.ICf. ,_ c''W\IM!!I MAtll¼ MEO 2)(11 ;,",;,y 1'11111 l\lirtQlll - . 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Th•l ~c.n>l'icil\(! ii no11111 ir1\ur1.11('l'. ~,.,Ii~~· ~,i\1 Jun: nu, ;., sny w:,y .3,'l'lq,.d, -.,,.1..,no or alti.:, 1hr, oi;,vcvas., Mfo,JCV by lilt poliq lt\C,;(I .;i,hr, ... c. f\•, 911tCic;ul:u~ c_,th:(1,1,nif 1h.: 1\•m1~. c,~lu~•O') Jn("I ,1,)1\i.'h\•On> ~r•~u,tt !)(')lit)' C1'Ch l\ Vt l:ltscrilted pohcy be c:.;i,ncell~l ~fo..e the 1:1mir11tillri d::1.t1..· i-ttcn:1:1"f. tile is:~vin:; c11mp,n; wm m),l .;o c':iys' p1,1Jr ..-rit~n r-c.,tiec- ftt 111c 4l){lve 11:,r.1cd A4di1fon1I t,1:,urc(. OR/\ YTON lNSVRANCI;. OROK1;:fl'i_ 1.1\/( •. Jun" I0'~.200.l 01\ 1·.t: OF IS,'ilJF. . ST((INGCft.. VM.!~$ll)l: 933 Terrace Street Muskegon,MI 49440 OFFICE 231-724-6705 FAX 231-724-4178 CIIT Or= MU~l\f:«30~ CLl:Vl\!)S or=r=1c1: f'AX COW:~ Stllffi To: & or ~1i-A From: Fax: Pages(including cover) Phone: Date: Re: CC: • Urgent ·• For Review • Please Comment • Please Reply • Please Recycle clie.c/:: r/4 I /7 s {.j /'Ci n C -t'. A, q Co// C {/';.. C( r r./z... Col;/· bl"/ co·t-88~!:> p,2 f\.ev 1 n L. ne:::,er ....... ,, C:..'T U..:1 ~b/24/2003 U.l. ,i VOr-' 11:51 90~•479-3515 PVR0TEK SPECIAL Ee~S PAGE 0B/08 TR.•\'ISM!S$1O:< VERIF!CATJON REPORT Tl:VIE oc,. ~o ~oo: 1•1:~S. NAM£ PYR()'f EK SPl:(Hl. cFFT,; FAX Q05-..J79-,:5 l ~ TFL !)(l~-..i-;9.1Jl)QJ -----------,=-=--=c-,:c----------,.,-c,:---,-,--cc------- DA n:. Tl~H: 06.'20 \•l:>7 --------- F,\.X'.'/0.:);,\ME lJ3l,7244l7$ 0U\,\TJ01' 00:01:00 PACE/S) 05 RESClT OK \10D!, STANO ARO EMC 7676 WoodbinitA,•e. Uniti 7&8 Miarkham, ON l.3R ::N,. 800..4th-9910 Main PYROTEK SPECIAL EFFECTS 905-479-3s,s Fax Linda From: Sa~hu !vronJSt P"l:"" ~inclmling cover Oat!!! foday, Jul'lc- zo 111 , 2003 LL Cvol.J CC, 0 Plca,,e Co""1lellt • Please Reply •Comnwnts: Hello Linda, l-!ere is the application JS well as a certificate of lnst1rance an effects list as i,·ell as a :stage plor. lf _,·ou have any questions please feel free to ask. Toanks .?f71/1o~'i v ~ SachaMo.Lst.l
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