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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 24, 2002
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Fireworks Display Permit CITY CLERK
c. Purchase of Computer Equipment POLICE
d. Sale of Non-buildable Lot at 164 Iona Avenue. PLANNING &
ECONOMIC DEVELOPMENT
e. Sale of Non-buildable Lot at 170 Iona Avenue. PLANNING &
ECONOMIC DEVELOPMENT
f. Sale of Buildable Vacant Lot on Lawrence Avenue. PLANNING &
ECONOMIC DEVELOPMENT
g. Prince Bridge Change Order. LEISURE SERVICES
h. The Abonmarche Group Agreement. LEISURE SERVICES
• PUBLIC HEARINGS:
a. Spreading of the Special Assessment Roll - Sherin. Lakeshore Drive
to Miner ENGINEERING
b. Spreading of the Special Assessment Roll on: Sidewalk
Replacement Program for 2002 (Area E-5}. ENGINEERING
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
a. Concurrence with the Housing Board of Appeals Notice & Order to
Demolish 1855 Manz and 215 W. Grand. INSPECTIONS
b. Smartzone Property Transfer Agreement. PLANNING & ECONOMIC
DEVELOPMENT
c. Renaissance Zone. PLANNING & ECONOMIC DEVELOPMENT
1. P.A. 425 Agreement with Dalton Township
2. Cordobqa Site Development Agreement with the County
3. Resolution Granting Renaissance Zone Status to the Cordoba
Chemical Site
4. Development Agreement wit P & G LLC
5. Consent Assessment with P & G LLC
6. Develop Agreement with P & G Holdings LLC related to Shaw
Walker Renaissance Zone
7. Renaissance Zone for Shaw Walker Building
8. Resolution Expanding the Whittaker Electric Renaissance Zone
to include the Seaway Industrial Park and Associated Properties
9. Development Agreement with West Michigan Dock and Market
10.Consent Assessment Agreement with West Michigan Dock and
Market
11. Renaissance Zone for Mart Dock
12. Development Agreement with the Downtown Muskegon
Development Corporation
13. Consent Assessment Agreement with the Downtown Muskegon
Development Corporation
14. Development Agreement with the Archimedes Group-Medical
Arts LLC
15.Consent Assessment Agreement with the Archimedes Group-
Medical Arts LLC
16. Resolution Granting Renaissance Zone Status to the Muskegon
Mall
17. Development Agreement and Real Estate Purchase Agreement
with Seaway Industrial Park LC
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• CLOSED SESSION: To discuss Property Acquisition
• 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 l Ominutes if previously registered with City Clerk.}
• ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
Date: September 24, 2002
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 City
Commission Worksession that was held on Monday, September 9,
2002; and the Regular Commission Meeting that was held on Tuesday,
September 10, 2002.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 24, 2002
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, September 24, 2002.
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 City Clerk Gail
Kundinger.
2002- 105 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the City Commission
Worksession that was held on Monday, September 9, 2002; and the Regular
Commission Meeting that was held on Tuesday, September 10, 2002.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Fireworks Display Permit. CITY CLERK
SUMMER OF REQUEST: Steve Franklin is requesting approval of a fireworks display
permit for October 121h, at the L.C. Walker Arena Muskegon Fury game. Fire
Marshall Metcalf has reviewed the request and recommends approval contingent
on inspection of the fireworks and approval of insurance.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks and
approval of insurance.
d. Sale of Non-buildable Lot at 164 Iona Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot (Parcel
#24-205-238-0006-1 OJ at 164 Iona Avenue to David and Belinda Reek, 160 Iona
Avenue, Muskegon, Ml 49442. Approval of this sale will allow the adjacent
property owner to expand their current yard (see map). The subject parcel is
being offered for $100 to Mr. and Mrs. Reek.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign the resolution.
e. Sale of Non-buildable Lot at 170 Iona Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot (Parcel
#24-205-238-0007-00) at 170 Iona Avenue to James Singleton, 3925 E. Apple
Avenue, Muskegon Ml 49442. Approval of this sale will allow the adjacent
property owner to expand the current yard at the house located at 1169 Pine St.
(see map). The subject parcel is being offered for $100 to Mr. Singleton.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign the resolution.
g. Prince Bridge Change Order. LEISURE SERVICES
SUMMARY OF REQUEST: To approve the change order for the original agreement
with Prince Bridge marine to do the sheet pile/bulkhead repairs for the West side
of Hartshorn Marina.
FINANCIAL IMPACT: $161,546.00 with a 50% match coming from the Michigan
Department of Natural Resources.
BUDGET ACTION REQUIRED: Match will need to be provided by either a bond or
loan to be paid off by the marina
STAFF RECOMMENDATION: Approve
h. The Abonmarche Group Agreement. LEISURE SERVICES
SUMMARY OF REQUEST: To approve the addendum to the original agreement with
The Abonmarche Group to provide engineering services for the Electrical Grant
project at Hartshorn Marina.
FINANCIAL IMPACT: $28,630.00 with a 50% match from the MDNR.
BUDGET ACTION REQUIRED: Match will need to be provided by either a bond or
loan to be paid off by the marina.
STAFF RECOMMENDATION: Approve
Motion by Commissioner Schweifler, second by Vice Mayor Buie to approve
the Minutes except for items c and f.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron
Nays: None.
MOTION PASSES
2002-106 ITEMS REMOVED FROM THE AGENDA:
c. Purchase of Computer Equipment. POLICE
SUMMARY OF REQUEST: Police Department staff request that the Commission
approve the use of FY2000 Local Law Enforcement Block Grant funds to purchase
new computer hardware and software for use in the Investigations Bureau and for
the Community Police Coordinator. The current systems are old and we have
experienced a number of malfunctions. The new hardware would consist of 14
PC's.
The system has been designed with the assistance of the Information Technologies
Department. Specifications for the system are attached.
FINANCIAL IMPACT: Cost for the system is $19,530.00 ($1,395 per unit). There is no
impact on General Fund monies. This grant expires at the end of October 2002.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
Motion by Commissioner Larson, second by Commissioner Schweifler to
approve the use of FY2000 Local Law Enforcement Block Grant funds to
purchase of new computer hardware and software for use in the Investigations
Bureau and for the Community Police Coordinator.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron,
Larson
Nays: None
MOTION PASSES
f. Sale of Buildable Vacant Lot on Lawrence Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 1209
Lawrence Avenue (designated as parcel number 24-610-000-0119-00) described
as URBAN RENEWAL PLAT NO 1 LOT 119 CITY OF MUSKEGON REVISED PLAT OF 1903
to Galloway Homes, L.L.C., of 6329 Red Rock Court, Muskegon, Ml. The lot is 100 x
278.2 ft. and is being offered to Galloway Homes for $13,000. They plan to use the
land for the construction of a 1,260 sq. Ft. single-family home. The home will
contain 3 bedrooms, a full basement, and a 2-stall attached garage. The
appraised value of the lot is $13,000 and the Galloway Homes submitted the only
bid of$ 13,000.
FINANCIAL IMPACT: The sale of this lot for construction of a new home will
generate additional tax revenue for the City and will place the property back on
the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the resolution for the sale of vacant buildable lot at 1209 Lawrence
Ave. to Galloway Homes and to have both the Mayor and Clerk to sign said
resolution.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler
Nays: None
MOTION PASSES
2002-107 PUBLIC HEARINGS:
a. Spreading of the Special Assessment Roll - Sherin. Lakeshore Drive
to Miner. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Sherin Street, Lakeshore Dr. to Miner, and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: A total of $28,943.10 would be spread against the thirteen-
(13) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The Public Hearing was opened at 5:45pm to hear any comments from the public.
No comments were heard.
Motion by Commissioner Larson, second by Commissioner Gawron to close the
hearing at 5:47pm and to approve the special assessment roll and adopt the
resolution.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd
Nays: None
Out of Room: Spataro
MOTION PASSES
b. Spreading of the Special Assessment Roll on: Sidewalk
Replacement Program for 2002 (Area E-5). ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment roll for the 2002 Sidewalk Replacement Program and to adopt the
resolution confirming the special assessment Roll.
FINANCIAL IMPACT: A total of $154,929.85 will be assessed against 298 parcels.
BUDGET ACTION REQUIRED: None a this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The Public Hearing was opened at 5:48pm to hear any comments from the public.
Comments were heard from Louis Sorensen of 1370 Langeland, Chad Pastor of
1008 Isabella, Bobby Brown of 1025 Allen, Barb Sokolowski of 1280 Oakgrove,
Buelah Dooley of 1359 Amity and Rick Puthoff of 1400 Lake Shore CT. all in
opposition.
Motion by Commissioner Schweifler, second by Commissioner Larson to close
the Public Hearing at 6:23pm and to approve the special assessment roll and
adopt the resolution.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
MOTION PASSES
2002-108 NEW BUSINESS:
a. Concurrence with the Housing Board of Appeals Notice & Order to
Demolish 1855 Manz and 215 W. Grand. INSPECTIONS
SUMMARY OF REQUEST: This to request City Commission concurrence with the
findings of the Housing Board of Appeals that the structures located at 1855 Manz
and 215 W. Grand are unsafe, substandard, public nuisances and that they be
demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized and
directed to execute contracts for demolition with the lowest responsible bidder.
1855 Manz: Case# & Project Address: #02-017, 1855 Manz.
Location and ownership: This structure is located on Manz Street between Laketon
and Holbrook. It is owned by the Bank of New York.
Staff Correspondence: This property was fire damaged and had an inspection
4/4/02. An interior inspection was scheduled for 5/21 /02, but no one was there to
let the inspectors inside. The HBA ordered the structure demolished 7/11 /02. The
Notice and Order to repair or remove was issued 8/7 /02.
Owner Contact: There has been no contact from the owner.
FINANCIAL IMPACT: The cost of demolition for 1855 Manz will be paid with CDBG
funds.
BUDGET ACTION REQUIRED: None
Estimated Cost of Repairs: $12,000.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision
to demolish 1855 Manz.
CITY COMMISSION RECOMMENDATION: The Commission will consider this item at
it's meeting on Tuesday, September 24, 2002.
Motion by Commissioner Spataro, second by Commissioner Schweifler to
approve staff to concur with the Housing Board of Appeals decision to
demolish.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington,
Buie
Nays: None.
MOTION PASSES
215 W. Grand: Case# & Project Address: #02-012, 215 W. Grand
Location and ownership: This structure is located on W. Grand between Fifth and
Sixth Streets. It was owned by Dwight Taylor/Renetta McClanhanan, but is in the
process of being taken back by Homecomings Financial Services.
Staff Correspondence: This property was fire damaged and had an inspection
4/1/02. It had been rented out previous with no Certificate of Compliance. An
interior inspection was conducted on 4/15/02 with the property manager. The
HBA ordered the structure demolished 7/11 /02. The Notice and Order to repair or
remove was issued 8/7 /02.
Owner Contact: There has been no contact from the owner. On 8/6/02 there was
notification that Homecomings Financial Network was in the process of taking the
property back.
FINANCIAL IMPACT: The cost of demolition for 215 W. Grand will be paid with
CDBG funds.
BUDGET ACTION REQUIRED: None
Estimated Cost of Repairs: $12,000 for each structure.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision
to demolish 215 W. Grand.
CITY COMMISSION RECOMMENDATION: The Commission will consider this item at
it's meeting on Tuesday, September 24, 2002.
Motion by Commissioner Spataro, second by Commissioner Gawron to
approve staff to concur with the Housing Board of Appeals decision to
demolish.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron
Nays: None.
MOTION PASSES
b. Smartzone Property Transfer Agreement. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To approve the Property Transfer Agreement between the
City of Muskegon and Lakefront LLC to transfer property on the former Teledyne
site for City right-way, on the condition that any attachments not presently
included in the document, are subsequently approved by the City's legal counsel.
STAFF RECOMMENDATION: To approve the Property Transfer Agreement, with the
above conditions.
The City Manger requested that this be discussed in Closed Session after Regular
Meeting.
c. Renaissance Zone. PLANNING & ECONOMIC DEVELOPMENT
1. P. A. 425 Agreement with Dalton Township.
SUMMARY OF REQUEST: To approve the P.A. 425 agreement with Dalton Township.
This agreement will transfer the former Cordova Chemical site, consisting of 210
acres, from Dalton Township to the City of Muskegon for a period of 50 years.
FINANCIAL IMPACT: Future income taxes will be shared between the City (60%)
and Dalton Township (40%). Development costs will be the responsibility of the
County. If the Township needs someone to perform services on their behalf, the
City has the right of first refusal at cost plus 15%.
After the timeline for Renaissance zone. designation passes, the City will pay to
Dalton Township an amount equal to their then current millage rate.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the agreement with Dalton Township.
2. Cordoba Site Development Agreement with the County.
SUMMARY OF REQUEST: To approve the Development Agreement with the County
of Muskegon. In this agreement the County agrees to pursue development of the
Cordoba site "in good faith".
FINANCIAL IMPACT: None. City pledges one of it's remaining Renaissance Zones.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the agreement with the County of
Muskegon.
3. Resolution Granting Renaissance Zone Status to the Cordoba
Chemical Site
SUMMARY OF REQUEST: To approve the resolution granting Renaissance Zone
status to the Cordoba chemical Site.
FINANCIAL IMPACT: Future income taxes will be shared between the City (60%)
and Dalton Township (40%). Development costs will be the responsibility of the
County. If the Township needs someone to perform services on their behalf, the
City has the right of first refusal at cost plus 15%.
After the timeline for Renaissance zone designation passes, the City will pay to
Dalton Township an amount equal to their then current millage rate.
There is no direct tax loss to the City because until now the site has not been
located in the City.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the resolution.
Motion by Commissioner Schweifler, second by Commissioner Gawron to
approve the P.A. 425 Agreement with Dallon Township for transfer of the
Cordoba Chemical site, approve the Cordoba Site Development Agreement
with the County of Muskegon and approve the Resolution Granting
Renaissance Zone Status to the Cordoba Chemical Site.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler
Nays: None
MOTION PASSES
4. Development Agreement with P & G LLC.
SUMMARY OF REQUEST: To approve the Development Agreement with A.N.M.
Real Estate.
FINANCIAL IMPACT: If P & G LLC fails to redevelop the Shaw Walker building, it will
pay a special assessment of $30,000 per year to the City while the Renaissance
Zone is in effect.
P & G LLC Real Estate will begin making annual payments of $5,000 per year until
such time as the portion of the building now occupied by the Knoll Group is
redeveloped or demolished.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the development agreement.
5. Consent Assessment with P & G LLC.
SUMMARY OF REQUEST: To approve the Consent Special Assessment related to the
Development Agreement with P & G LLC.
FINANCIAL IMPACT: If P & G LLC Real Estate fails to redevelop the Shaw Walker
building, it will pay a special assessment of $30,000 per year to the City while the
Renaissance Zone is in effect.
P & G LLC Real Estate will begin making annual payments of $5,000 per year until
such time as the portion of the building now occupied by the Knoll Group is
redeveloped or demolished.
BUDGET ACTION REQUIRED: None at this time
STAFF RECOMMENDATION: To approve the consent assessment.
6. Development Agreement with P and G Holdings LLC related to
Shaw Walker Renaissance Zone.
SUMMARY OF REQUEST: To approve the Development Agreement with P and G
Holdings, LLC.
STAFF RECOMMENDATION: To approve the consent assessment.
Item 6 was already covered in Item 4 and was removed from Agenda.
7. Renaissance Zone for Shaw Walker Building
SUMMARY OF REQUEST: To approve the resolution granting Renaissance Zone
status to the Shaw Walker Building.
FINANCIAL IMPACT: General Fund tax loss of approximately $21,000 per year.
However, the site is also in the DDA and is a "black hole" which costs the DDA
$68,000 per year.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the resolution.
Motion by Vice Mayor Buie, second by Commissioner Spataro to approve the
Development Agreement with P & G LLC and the Consent Special Assessment
with P & G LLC and approve the Resolution granting Renaissance Zone status to
the Shaw Walker Building.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
MOTION PASSES
8. Resolution Expanding the Whittaker Electric Renaissance Zone
to include the Seaway Industrial Park and Associated
Properties.
SUMMARY OF REQUEST: To approve the resolution granting Renaissance Zone
status to the Seaway Industrial Park and associated properties.
FINANCIAL IMPACT: Approximate tax loss of $800 associated with Ernie's Car Lot.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the resolution.
Motion by Commissioner Spataro, second by Commissioner Gawron to
approve the Resolution Expanding the Whittaker Electric Renaissance Zone to
include the Seaway Industrial Park and Associated Properties.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
9. Development Agreement with West Michigan Dock and
Market.
SUMMARY OF REQUEST: To approve the Development Agreement with West
Michigan Dock and Market.
Recent changes offered by Mart Dock include the commitment to a $1 million
investment and exclusion of portions of the parcel from Renaissance Zone status,
as illustrated in the attached map.
FINANCIAL IMPACT: If West Michigan Dock and Market fails to develop the Mart
Dock site in accordance with the development agreement, it will pay a special
assessment of $46,900 per year to the City while the Renaissance Zone is in effect.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the development agreement.
10.Consent Assessment Agreement with West Michigan Dock and
Market.
SUMMARY OF REQUEST: To approve the Consent Assessment with West Michigan
Dock and Market.
Recent changes offered by Mart Dock include the commitment to a $1 million
investment and exclusion of portions of the parcel from Renaissance Zone status,
as illustrated in the attached map.
FINANCIAL IMPACT: If West Michigan Dock and Market fails to develop the Mart
Dock site in accordance with the development agreement, it will pay a special
assessment of $46,900 per year to the City while the Renaissance Zone is in effect.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the development agreement.
11. Renaissance Zone for Mart Dock
SUMMARY OF REQUEST: To approve the resolution granting Renaissance Zone
status to the Mart Dock site.
FINANCIAL IMPACT: It is estimated that the general fund tax loss will be about
$7,000 and that ODA tax loss will be $14,000.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the development agreement.
Motion by Commissioner Shepherd, second by Commissioner Schweifler to
approve the Development Agreement with West Michigan Dock and Market.
ROLL VOTE: Ayes: Schweifler, Shepherd
Nays: Gawron, Larson, Spataro, Warmington, Buie
MOTION FAILS
12. Development Agreement with the Downtown Muskegon
Development Corporation.
SUMMARY OF REQUEST: To approve the Development Agreement with the
Downtown Muskegon Development Corporation.
FINANCIAL IMPACT: If Downtown Muskegon Development Corporation fails to
develop the Muskegon Mall site in accordance with the development
agreement, it will pay a special assessment of $40,000 per year to the City while
the Renaissance Zone is in effect.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the development agreement.
13. Consent Assessment Agreement with the Downtown Muskegon
Development Corporation.
SUMMARY OF REQUEST: To approve the Consent Assessment with the Downtown
Muskegon Development Corporation.
FINANCIAL IMPACT: If Downtown Muskegon Development Corporation fails to
develop the Muskegon Mall site in accordance with the development
agreement, it will pay a special assessment of $40,000 per year to the City while
the Renaissance Zone is in effect.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the Consent Assessment agreement.
Motion by Commisioner Larson, second by Commissioner Schweifler to
approve the Development Agreement and the Consent Assessment with the
Downtown Muskegon Development Corporation.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Buie, Gawron
Nays: None
Out of Room: Warmington
MOTION PASSES
14. Development Agreement with the Archimedes Group-Medical
Arts LLC.
SUMMARY OF REQUEST: To approve the Development Agreement with the
Archimedes Group-Medical Arts LLC.
FINANCIAL IMPACT: If Downtown Muskegon Development Corporation fails to
develop the Muskegon Mall site in accordance with the development
agreement, it will pay a special assessment of $14,000 per year to the City while
the Renaissance Zone is in effect.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To not approve the development agreement.
Michigan Economic Development Corporation staff has recommended approval
of the Muskegon Mall Renaissance Zone, with the condition that the Medical Arts
building be removed.
15. Consent Assessment Agreement with the Archimedes Group-
Medical Arts LLC.
SUMMARY OF REQUEST: To approve the Consent Assessment Agreement with the
Archimedes Group Medical Arts LLC.
FINANCIAL IMPACT: If Archimedes Group-Medical Arts LLC fails to develop the
Medical Arts building in accordance with the development agreement, it will pay
a special assessment of $14,000 per year to the City while the Renaissance Zone is
in effect.
BUDGET ACITON REQUIRED: None a this time.
STAFF RECOMMENDATION: To not approve the special assessment agreement.
Michigan Economic Development Corporation staff has recommended approval
of the Muskegon Mall Renaissance Zone, with the condition that the Medical Arts
building be removed.
Motion by Commissioner Larson, second by Commissioner Gawron to deny the
Development Agreement and the Consent Assessment Agreement with the
Archimedes Group-Medical Arts LLC.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Larson
Nays: None
Absent: Gawron
MOTION PASSES
16. Resolution Granting Renaissance Zone Status to the Muskegon
Mall.
SUMMARY OF REQUEST: To approve the resolution granting Renaissance Zone
status to the Muskegon Mall excluding the Muskegon Mall.
FINANCIAL IMPACT: It is estimated that the tax loss to the City will be about $9,8000
per year for the Mall.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the resolution.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the Resolution granting Renaissance Zone status to the Muskegon Mall
excluding the Medical Arts Building.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler
Nays: None
MOTION PASSES
17. Development Agreement and Real Estate Purchase Agreement
with Seaway Industrial Park, L.C.
Motion by Commissioner Spataro, second by Commissioner Schweifler to
approve the Development Agreement and the Real Estate Purchase
Agreement between the City of Muskegon and Seaway Industrial Park, L.C.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Lars.on, Schweifler,
Shepherd
Nays: None
MOTION PASSES
2002- 109 CLOSED SESSION - to discuss property acquisition
Moved by Commissioner Spataro, second by Commissioner Schweifler to go
into close session at 8:50pm to discuss property acquisition.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
MOTION PASSES
Moved by Commissioner Schweifler, second by Vice Mayor Buie to go to open
session at 9:39pm.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
Nays: None.
Moved by Commissioner Schweifler, second by Vice Mayor Buie to approve
the property acquisition on the condition that any attachments not presently
included in the document, are subsequently approved by the City's legal
council.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron,
Larson
Nays: None
MOTION PASSES
ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon was
adjourned at 9:42pm.
Respectfully submitted,
tJcLc.L ~k('. ,,J,_ ,.,_ 'f '-)
Gail Kundinger, MMC
Date: September 24, 2002
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Fireworks Display - L. C. Walker Arena
SUMMARY OF REQUEST: Steve Franklin is requesting approval of a
fireworks display permit for October 1ih, at the L. C. Walker Arena
Muskegon Fury game. Fire Marshall Metcalf has reviewed the request
and recommends approval contingent on inspection of the fireworks and
approval of insurance.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of insurance.
.
"
FM- 32( 12- 68)
APPLICATION
FOR FIREWORKS DISPLAY PERMIT
Act 358, P.A. 1968
I DATE OF APPLICATION
r---1?-o.2.
.
1. TYPE OF DISPLAY,
~ Public Display
• Agricultural Pest Control
2. APPLICANT
NAME OF PERSON ADDRESS AGE: Must be 21 or over
J'+..,,,. ,,0
r-. ,lc(/lt) "l'Q::)0
ADDRESS
s. /aLffc/
r
IF A CORPORA'~N: Name of President
s~ftl,+ . .,-;-f LA-'lcS"
3. PYROTECHNIC OPERATOR
NAME ADDRESS AGE: Must be 21 or over
v'f-e.Je...- H',., ,.,;k.fr:V ~.rvo s. 6-t.?K/
'
EXPERIENCE:
NUMBER OF YEARS
INUM~~ ;SPLAYS
WHERE
MI ..r,,,_, ~
./ c;- 4/d
0 ,1( Z'-'-• . /-:C.' ;(/.yd,. /Y,,!l. F/'.
.
O.c.
NAMES OF ASSISTANTS:
NAME ADDRESS AGE
NAME ADDRESS AGE
4. NON-RESIDENT APPLICANT
NAME ADDRESS
Name of Michigan Attorney or Resident Agent ADDRESS TELEPHONE NUMBER
S. EXACT LOCATION OF PROPOSED DISPLAY
L-. C. lO~/(c'd ,1,,,e ;i.J<L ~
/11<--< :;le £900 K ,. V
DATE
·----
l TIME f
tOc'f- j;J~ -o ,-;, ? ,JJ,rv,,,
6, NUMBER AND KINDS OF Fl REWORKS TO BE DISPLAYED
.
.
I -r,, ~r....,,.. ~/( Ho,.,,. S"c ""/"c= h a~r,,I)_
//J - ;:;,~.,..,,re,,, '.-v.s
,;;2() - /.:'~.,. I, r
.:l& - c;-,, ·- _(J ,? .,tJC . . .✓'
MANNER & PLACE OF STORAGE ,PRIOR TO DISPLAY
,,
,",l,. 'n,, ./} '7S, S' ,-J._ c:Ro..,
I
o-L ,., £=u.,
. ( Subiect to Approval of Local Fire Authorities)
7. FINANCIAL RESPONSIBILITY
I A, AMOUNT OF BOND OR INSURANCE
i 110 be set by municipality) $
8. BONDING CORPORATION OF INSURANCE COMPANY: NAME I ADDRESS
Commission Meeting Date: September 24, 2002
Date: September 9, 2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development J2.l3<!__
RE: Sale of Non-buildable Lot at 164 Iona Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable lot (Parcel #24-205-238-0006-10) at 164
Iona Avenue to David and Belinda Reek, 160 Iona Avenue, Muskegon, Ml 49442
Approval of this sale will allow the adjacent property owner to expand their current yard
(see attached map). The subject parcel is being offered for $100 to Mr. and Mrs. Reek.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution.
COMMITTEE RECOMMENDATION:
9/9/2002
CITY OF MUSKEGON
RESOLUTION #2002- 105 ( ct )
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $100 from David and Belinda Reek, 160 Iona
Avenue, Muskegon, MI 49441 for the purchase of a vacant, City-owned lot located adjacent to
their prope1iy at 164 Iona Avenue (parcel #24-205-23 8-0006-1 0);
WHEREAS, this lot is not considered buildable under the City's Zoning Ordinance,
WHEREAS, the sale would enable the City to place this propetiy back on the tax rolls, and
would relieve the City of further maintenance;
WHEREAS, the sale of this property would be in accordance with property disposition goals and
policies of the City;
NOW, THEREFORE BE IT RESOLVED, that the NE ½ LOT 6 BLK 238 CITY OF
MUSKEGON REVISED PLAT 1903 be sold to David and Belinda Reek for $100.
th
Resolution adopted this 24 day of September, 2002.
Ayes: Larson, Schwei fler, Shepherd, Spataro, Warmingt on , Buie , Gawron
Nays: None
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on September 24,
2002. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By
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QUIT-CLAIM DEED
2002-105(d}
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose
address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS TO: DAVID and BELINDA REEK, husband and wife, of 160 Iona Avenue, Muskegon, MI
49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
Northeast 1/2 of Lot 6, Block 238, CITY OF MUSKEGON
REVISED PLAT OF 1903
for the sum of One Hundred and no/100 Dollars ($100.00).
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this .it/i_ day of Oc to b (r , 2002.
Signed in the presence of:
~ fo-;-'f-fr
'1b ,cur ..
rn_'o-_,~
a:.. 'ir7 ;:p~
Cl..i' ·.U:.. ~ / 0-,-/d:;
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrnment was aclmowledged before me this 9.±ti_ day of O c f-o ,6 ,er , 2002 , by
Stephen J. Warmington and Gail A. Kundinger, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a
municipal corporation, on behalf of the City.
PREPARED BY:
John C. Schrier Notary Public, Muskegon County, Michigan
Parmenter O'Toole «
My commission expires: '1- ,£- 0 Ip
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 ·
C:IDOCUME-1\anguilm\LOCALS~1\Temp\AG8899.DOC
Commission Meeting Date: September 24, 2002
Date: September 9, 2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development Cl2:L.
RE: Sale of Non-buildable Lot at 170 Iona Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable lot (Parcel #24-205-238-0007-00) at 170
Iona Avenue to James Singleton, 3925 E. Apple Avenue, Muskegon, Ml 49442
Approval of this sale will allow the adjacent property owner to expand the current yard
at the house located at 1169 Pine Street (see attached map). The subject parcel is
being offered for $100 to Mr. Singleton.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution.
COMMITTEE RECOMMENDATION:
9/9/2002
CITY OF MUSKEGON
RESOLUTION #2002- 105 ( e)
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $100 from James Singleton, 3925 E. Apple
Avenue, Muskegon, MI 49442 for the purchase of a vacant, City-owned lot located at 170 Iona
Avenue, which is adjacent to his property at 1169 Pine Street (parcel #24-205-238-0007-00);
WHEREAS, this lot is not considered buildable under the City's Zoning Ordinance,
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance;
WHEREAS, the sale of this property would be in accordance with property disposition goals and
policies of the City;
NOW, THEREFORE BE IT RESOLVED, that the W 46 FT LOT 7 BLK 238 CITY OF
MUSKEGON REVISED PLAT 1903 be sold to James Singleton for $100.
Resolution adopted this 24th day of September, 2002.
Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron
Nays: None
Attest: ~
Gail A. Kundinger, Clerk
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on September 24,
2002. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By
Gail A. Kundinger, Clerk
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QUIT-CLAIM DEED
2002- 105(e)
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose
address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS TO: JAMES SINGLETON, a married man, of3925 E . Apple Avenue, Muskegon, MI 49442,
the following described premises situated in the City ofMuskegon, County of Muskegon, State of Michigan, to wit:
West 46 feet of Lot 7, Block 238, CITY OF MUSKEGON
REVISED PLAT OF 1903
for the sum of One Hundred and no/100 Dollars ($100.00).
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this !lt!i day of Ocfoi rr , 2002.
Signed in the presence of:
c:Zd?A!J
~ ~ /Jort-f/"
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this _u..
day of Oc -kbe, , 2002, by
Stephen J. Warmington and Gail A. Kundinger, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a
municipal corporation, on behalfofthe City.
PREPARED BY:
John C. Schrier Notary Public, Muskegon County, Michigan
Parmenter O'Toole My commission expires: 9-,;i
.s-o (p
175 W. Apple Ave., P. 0. Box 786
Muskegon, MI 49443-0786
Telephone: 616/722-162 l
SEND SUBSEQUENT TAX BILLS TO: Grantee WHEN RECORDED RETURN TO: Grantee
C:IDOCUME-1\anguilm\LOCALS-1\TemplAG8892.DOC
Date: September 16, 2002
To: Honorable Mayor and City Commissioners
From: Melissa Jacobsen¥
RE: Prince Bridge Change Order
SUMMARY OF REQUEST:
To approve the change order for the original agreement
with Prince Bridge Marine to do the sheet pile/bulkhead
repairs for the West side of Hartshorn Marina.
FINANCIAL IMPACT:
$161,546.00 with a 50% match corning from the Michigan
Department of Natural Resources.
BUDGET ACTION REQUIRED:
Match will need to be provided by either a bond or loan
to be paid off by the marina
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirmnllve Acllon
'.!31 /724-6703
FAX/722-1214
- ·-----
Assessor
23 I /724-6708
FAX/726-518 1
Cemetery
231/724- 6783
FAX/726-5617
C ivil Service
231/724-6716
F AX/724-4405 West Michigan's Shoreline City
Clerk
231/724-6705
FAX/724-4178
Date: September 16, 2002
C omm. & Neigh,
Services
\ .. To: Honorable Mayor and City Commissioners
231/724-6717
FAX/726-2501
From: Melissa Jacobse~
E ng ineering
23 l /724-6707 Re: Prince Bridge Change Order
FAX/727-6904
F ina nce
231/724-6713 I am requesting your approval of the change order for
F AX/724-6768
the original agreement with Prince Bridge Marine to
Fire Dept.
231 /724-6792
provide sheet pile/bulkhead repairs to Hartshorn Marina
FAX/724-6985 on the West side. The original contract completed the
Income Tux
east side sheet pile/bulkhead repairs.
23 l /724-6770
FAX/724-6768 The cost of the services is $161,546.00 with the
Info. Systems
Department of Natural Resources providing a 50% match.
23 I /724-6744
F AX/722-430 l Thank you for your consideration.
Leis ure Service
23 I /724-6704
FAX/724-ll96
Mannger's Office
23 I /724-6724
FAX/722-1214
Mayor's Office
231 /724-670 l
FAX/722-1214
lns p ecllon Services
231/724-6715
F AX/726-250 l
P l an ning/Zon ing
231 /724-6702
F AX/724-6790
Police Dept.
231/724-6750
FAX/722-5140
P u blic Works
231/724-4 100
FAX/722-4188
Ti-easurcr
231/724-6720
FAX/724-6768
Wnter BIiiing Dept.
231/724-6718
FAX/724-6768
Water F lltrotlon
23 I /724-4106
F AX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Date: September 1 &, 2002
To: Honorable Mayor and City Commissioners
From: Melissa Jacobsen~
RE: The Abonmarche Group agreement
SUMMARY OF REQUEST:
To approve the addendum to the original agreement with
The Abonmarche Group to provide engineering services for
the Electrical Grant project at Hartshorn Marina.
FINANCIAL IMPACT:
$28,630.00 with a 50% match from the MDNR
BUDGET ACTION REQUIRED:
Match will need to be provided by either a bond or loan
to be paid off by the marina
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirmative Action
231/724-6703
FAX/722-1214
- - ~ --- - -
Assesso r
231/724-6708
FAX/726-5181
Cemetery
231/724-6783
FAX/726-5617
C ivil Service
231/724-6716
F AX/724-4405 West Michigan's Shoreline City
C lerk
231/724-6705
FAX/724-4178
Date: September 16, ' 2002
Comm. & Neigh.
Services
23 I /724-6717 To: Honorable Mayor and City Commissioners
FAX/726-2501
From: Melissa Jacobsen-+}
Engineering
231/724-6707 Re: The Abonmarche Group Agreement
FAX1727-6904
Fl nn n ce
231/724-6713
FAX1724-6768
I am requesting your approval of the addendum to the
original agreement with The Abonmarch Group to provide
Fire Dept.
231 /724-6792 engineering services for the electrical upgrade project
FAX/724-6985 at Hartshorn Marina.
Incom e Tex
23 l/724-6770
The cost of the services is $28 , 630.00 with a 50% match
FAX/724-6768 coming from the MDNR .
Info. Systems Thank you for your consideration .
23 l/724-6744
F AX/722-430 I
Leisure Service
231/724-6704
FAX1724- 1196
Man nger's O ffice
231/724-6724
FAX/722-1214
Mayor's Office
231/724-6701
FAX/722-12 14
Inspection Services
23 I /724-671 S
FAX/726-2501
Planning/Zoning
231 /724-6702
F AX/724-6790
Police Dept.
23 I /724-6750
FA X/722-5140
Public Works
231/724-4100
FAX/722-4188
Treasurer
231/724-6720
FAX/724-6768
Wnter Billing Dept.
23 l/724-6718
FAX/724-6768
W ater Filtration
231/724-4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
CITY COMMISSION MEETING
Tuesday, September 24, 2002
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker
Chief of Police
4r-L.I~
DATE: September 9, 2002
SUBJECT: Purchase of Computer Equipment
SUMMARY OF REQUEST:
Police Department staff request that the Commission approve the use of FY2000 Local
Law Enforcement Block Grant funds to purchase new computer hardware and software
for use in the Investigations Bureau and for the Community Police Coordinator. The
cwTent systems are old and we have experienced a number of malfunctions. The new
hardware would consist of 14 PC's.
The system has been designed with the assistance of the Information Technologies
Department. Specifications for the system are attached.
FINANCIAL IMPACT:
Cost for the system is $19,530.00 ($1 ,395 per unit). There is no impact on General Fund
monies. This grant expires at the end of October 2002.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the request.
89566337 Page 1 of 2
/
RECEIVED
SEP O6 2002
QUOTATION
DELL MUSKEGON POLICE DEPT.
CHIEF of POLICE
QUOTE#: 89566337
Customer #: 3923456
Quote Date: 9/6/2002
Date: 9/6/2002 2:41:17 PM Customer Name: CITY OF MUSKEGON
TOTAL QUOTE AMOUNT: $19,530.00 J,,;r 14 Su Sk f"Y, c,
'
Product Subtotal: $19,530.00
Tax: $0.00
Shipping & Handling: $0.00
Shipping Method: Ground Total Number of System Groups: 1
GROUP: 1 IQUANTITY: 14 SYSTEM PRICE: $1,395.00 I GROUP TOTAL: $19,530.00
Base Unit: Dimension 4500S Serles,lntel Pentium 4 Processor at 1.8GHz (221-0709)
Memory: 256MB DOR SCRAM at 266MHz (311-1282)
Keyboard: Dell Quiet Key Keyboard (310-1582)
Monitor: 15 In (15.0 In Viewable), E151FP Flat Panel Display (320-0182)
Video Card: Integrated Intel 30 AGP Graphics (430-3900}
Hard Drive: 20GB 7200 RPM Ultra ATA Hard Drive (340-2961)
Floppy Disk Drive: 3.5in Floppy Drive (340-1927)
Operating System: Microsoft Windows XP Professional,Engllsh (420-3080)
Operating System: Dell Application Back-up CO, Factory Install (313-7222)
Mouse: Logitech Optical USB Mouse (310-1413)
NIC: 10/100 PC! Fast Ethernet NIC Factory Install (430-5353)
Modem: No modem requested for Dell Dimension (313-3607)
CD-ROM or DVD-ROM Drive: 48X Max Variable CD-ROM Drive (313-2561)
Sound Card: Integrated ADI 1885 Audio (313-0847)
Speakers: No Speaker Requested (313-4514)
Bundled Software: Ms Office Pro XP,CD with Doc, English,OEM Package,Factory Install (412-2580)
Feature Dell Jukebox powered by MusicMatch (412-0246)
Feature Dell Picture Studio Image Expert Standard,Dimenslon (412-0271)
Feature Dell Picture Studio Paint ShopPro Try and Buy,Dimension (412-0273)
Service: Type 3 Contract - Next Business Day Parts and Labor On-Site Response, Initial Year (950-1390)
Type 3 Contract - Next Business Day Parts and Labor On-Site Response, 2YR Extended (950-
Service:
1392)
Misc: Dellnet by MSN 7.0 Factory Installed 6-month (412-0255)
Misc: 6 Months of Earthllnk Internet Access Included (412-0258)
Contract Code 92-00151 For Order Processing to add line Item to quotes on F9 Screen (460-
5939)
TOTAL QUOTE AMOUNT: $19,530.00 I
file://C:\Documents%20and%20Settings\petersbw\Loca1%20Settings\Temporary%20Intem... 9/6/2002
566337 Page 2 of 2
Product Subtotal: $19,530.00
Tax: $0.00
Shipping & Handling: $0.00
Shipping Method: Ground Total Number of System Groups: 1
SALES REP: TERRY W WILLIAMS PHONE: 800-981-3355
Email Address: Terry W Williams@Dell.com Phone Ext: 46911
For your convenience, your sales representative, quote number and customer number have been
included to provide you with faster service when you are ready to place your order. You may also
place your order online at www.dell.com/quote
This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement,
is subject to the applicable Dell terms and conditions agreement.
Prices and tax rates are valid in the U.S. only and are subject to change.
**Sales/use tax Is a destination charge, i.e. based on the "ship to" address on your purchase order.
Please indicate your taxability status on your PO. If exempt, please fax exemption certificate to
Dell Tax Department at 512-283-9276, referencing your customer number.
If you have any questions regarding tax please call 800-433-9019. ••
All product and pricing information is based on latest information available. Subject to change without
notice or obligation.
LCD panels In Dell products contain mercury, please dispose properly.
Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal
options at US_DFS_AssetRecovery@dell.com. Minimum quantities may apply.
file://C:\Documents%20and%20Settings\petersbw\Local%20Settings\Temporary%20Intern... 9/6/2002
Commission Meeting Date: September 24, 2002
Date: September 17, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department C&-
RE: Sale of Buildable Vacant Lot on Lawrence Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 1209 Lawrence Avenue (designated as
parcel number 24-610-000-0119-00) described as URBAN RENEWAL PLAT NO 1 LOT
119 CITY OF MUSKEGON REVISED PLAT OF 1903 to Galloway Homes, L.L.C., of 6329
Red Rock Court, Muskegon, Ml. The lot is 100 x 278.2 ft. and is being offered to Galloway
Homes for $13,000. They plan to use the land for the construction of a 1,260 sq. ft single-
family home. The home will contain 3 bedrooms, a full basement, and a 2-stall attached
garage. The appraised value of the lot is $13,000 and the Galloway Homes submitted the
only bid of $13,000.
FINANCIAL IMPACT:
The sale of this lot for construction of a new home will generate additional tax revenue for
the City and will place the property back on the City's tax rolls thus relieving the City of
continued maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution.
COMMITTEE RECOMMENDATION:
9/17/02
Resolution No. 2002- 106 ( f )
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 1209 Lawrence
AVENUE IN MARQUETTE NEIGHBORHOOD FOR $13,000.
WHEREAS, Galloway Homes, L.L.C. has placed a $400 deposit for the parcel designated as
parcel numbers 24-610-000-0119-00, located at 1209 Lawrence Avenue;
WHEREAS, Galloway Homes, L.L.C. has submitted the only bid of $ 13,000 for the parcel
designated as parcel numbers 24-610-000-0119-00, located at 1209 Lawrence Avenue;
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of
further maintenance costs;
. WHEREAS, the sale is consistent with City policy regarding the disposition of buildable lots;
NOW THEREFORE BE IT RESOLVED, that parcel number 24-610-000-0119-00, located at
1209 Lawrence Avenue be sold to the above-mentioned buyer.
URBAN RENEWAL PLAT NO 1, LOT 119 OF THE REVISED PLAT (OF 1903)
OF THE CITY OF MUSKEGON;
Adopted this 24 t hday of September, 2002
Ayes: Shepherd , Spataro, Warmington, Buie, Gawron, Larson , Schweifl er
Nays: None
Absent None
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on September 24, 2002. , / .
By ~ ~
Gail Kundinger,lerk
ROBERT _S~~~~~~
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CREST9N ST
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BROADMOO~Rs=r~~ I
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QUIT-CLATh1 DEED -
2002-106(f)
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of933 Terrace Street,
Muskegon, Michigan 49440,
QUIT CLAIMS to GALLOWAY HOMES, L.L.C., a Michigan limited liability company, of 6329 Red Rock Court, Muskegon, MI
49444,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 1,
Lot 119 .
(1209 Lawrence Avenue)
for the sum of Thirteen Thousand and no/100 Dollars ($13,000.00).
PROVIDED, HOWEVER, Grantee, or its assigns, shall commence construction of one (1) single family home on the premises herein
conveyed within eighteen (18) months after the date hereof. In default of such construction, title to the premises shall revert to the
City of Muskegon free and clear of any claim of Grantee or its assigns. In addition, the City of Muskegon may retain the
consideration for this conveyance free and clear of any claim of Grantee or its assigns. Buyer shall remove only those trees necessary
for construction of the home and driveway. "Complete construction" means: (1) issuance of a residential building permit by the City
of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Director of Inspections, substantial completion of the dwelling
described in the said building permit. In the event ofreversion oftitle of the above-described premises, improvements made thereon
shall become the property of Granter. Provided, further, that Grantee covenants that the parcel described above shall be improved
with not more than one (1) single family home, and it shall be owner-occupied for five (5) years after the date of this deed. These
covenants and conditions shall run with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).
Dated this _lcL day of Oc h, ·b e c ,2002.
Signed in the presence of:
~m~
C:\TEMPIAH7115.DOC
STATE OF MICHIGAN
COUNTY OF MUSKEGON
2002-106(f)
The foregoing instrument was acknowledged before me this J,.c;Q day of Oc ftJ /; er
1'-I!!!" _
2002, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the CITY
OF MUSKEGON, a munidpa! corporation, on behalf; : ~
PREPARED BY: John C. Schrier
Parmenter O'Toole
~ &f tl"~
Muskegon County, Michigan
otary Public
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 9-;; ,S"- O 6
Muskegon, MI 49443~0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
C:\TEMP\AH7115. DOC
REAL ESTATE PURCHASE AGREEMENT
TIDS AGREEMENT is made Se;J)t-ember 2, 4 , 2002, by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 (ASelle1=), and GALLOWAY HOMES, L.L.C., a Michigan limited liability
company, of 6329 Red Rock Court, Muskegon, MI 49444 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:
CITY OF MUSKEGON URBAN RENEWAL PLAT
NO. 1, Lot 119
(1209 Lawrence Avenue)
Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Thirteen Thousand and no/100 Dollars ($13,000.00).
3. Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior
to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness ofrestriction and such unrnarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall
be paid by Seller. ·
5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
C:ITEMP\AH7115.00C
premises a single-family home, up to all codes, within eighteen (18) months of the closing of this
transaction. Buyer may only remove those trees necessary for construction of the home and
driveway. The home shall be substantially completed within eighteen (18) months and, in the
event said substantial completion has not occurred, or the restriction of this paragraph relating to
tree removal is violated, in the sole judgment of the City, the property and all improvements then
installed shall revert in title to the City, without any compensation or credit to Buyer. Buyer
further covenants that the home shall be owner occupied for five (5) years after the closing. The
covenants in this paragraph shall survive the closing and run with the land.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH Hv1PLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE
FOUND.
8. Real Estate Commission. Buyer and Seller both aclmowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions talcen by the other party.
C:\TEMPIAH7115.DOC
9. Closing. The closing date of this sale shall be on or before _ _ _ _ _ _ __,
2002 ("Closing"). The Closing shall be conducted at Transnation Title Insurance Company,
570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the parties shall execute an
IRS closing report at the Closing.
10. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
11. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
12. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
13. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement.
Buyer shall pay for the cost of recording the deed to be delivered at Closing.
'14. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
C:\TEMPIAH7115.DOC
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after
the consummation of this purchase and sale.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES:
Yhru..r':0-i··~_Lct;t::.
~~ ~ t-51 /y/__ . o..t.t:.
~ ~
Gail A. Kundinger, Clerk
BUYER:
GALLOWAY HOMES, L.L.C., a Michigan
limited Ii lity c p y
C:\TEMP\AH7115.DOC
TRANSNATION TITLE INSURANCE COMPANY
570 Seminole Road
Muskegon MI 49444
Date: October _11, 2002
Escrow Number: 422251
Property ·Address: 1209 Lawrence
Muskegon, Michigan 49442
S E LLER' S S T A T E ME N T
DEBIT CREDIT
Purchas_e Price I$ I$ 13,000.00
I I
I I
EXISTING LOAN I I
Deposit of earnest money I 400.00 I
CLOSING FEES I 250.00 I
OWNERS PREMIUM I 198.00 I
Real Estate Commission I I
Sub Total 1$ 848.00 1$ 13,000.00
Amount due Seller 1$ 12.152.00 I
TOTALS I$ 13,000.00 I$ 13,000.00
**********************************************************************************************************************************
The undersigned Sellers acknowledge Receipt of a copy of this
stat_ement and agree to the correctness thereof, and ratifies
the disbursement of the funds as stated therein.
Seller(s) Signature(s):
The City of Muskegon
.:~ \ . .<),,{.":;;:-;
BY , ,/,_,.,,...--~~---- t::'.--~--1·• ...,,-
Brian Lazor, Assistant City Planner
MUSKEGON REAL ESTATE BOARD
ADDENDUM TO BUY and SELL AGREEMENT
Date: October 11, 2002,
Office of Phone REALTOR, MUSKEGON, MI
1. Addendum to Buy Sell Agreement dated covering property at 1209 Lawrence,
Muskegon. Michigan 49442 and legally described as:
Lot 119, Muskegon Urban Renewal Plat No. 1, as recorded in Liber 19 of Plats,
Page 6. Muskegon County Records.
2. This Addendum to be an integral part of attached Buy and Sell Agreement, which is
amended as fo nows : ·
Seller agrees to pay the title company closing fee. Buyer has deposited $400
with the seller.
3[\CEIP1i JS KNOWLEDGED BY BUYER of a copy of tt,ls Agceeaect.
' I . .
\ · · ,_, Ga 11 away Homes , L. L. C. ,
4 EC IPT IS\ CKNOWLEDGED BY SELLER of a copy of this Agreement.
The City of Muskegon
BY 15~(:~ .
Brian Lazor, ssistan City Planner
SURVEY WAIVER
Date: October 11, 2002
RE: 422251
To: TRANSNATION TITLE INSURANCE COMPANY Property Address:
570 Seminole Road 1209 Lawrence
Muskegon MI 49444 Muskegon, Michigan 49442
County: Muskegon
We, the undersigned, purchasers and sellers, of the above captioned property, acknowledge
we have been strongly advised by you to obtain a land survey showing the dimensions of the
property and the location of all buildings situated thereon.
We have decided, completely of our own volition, not to obtain a survey and wish to
complete the transaction without the recommended survey.
We hereby release TRANSNATION TITLE INSURANCE COMPANY and City of Muskegon, its employees
and/or agents, from any responsibility and/or liability concerning or pertaining to survey
matters, including, but not limited to size of lot or land, location of boundary line,
location of building and encroachments.
PURCHASER(S): SELLER{S):
The City of Muskegon
BY
;,7~
.{?~
\..,...-C, '°
Brian Lazor, Assistant City Planner
V
AFFIDAVIT OF TITLE
STATE OF MICHIGAN Title Commitment# 422251
COUNTY OF Muskegon
jss
That The City of Muskegon, a Municipal Corporation being first duly sworn on oath says
that they are the· true and lawful owner(sl of the premises located at:
1209 Lawrence
Muskegon, Michigan 49442
AND
1. That on this date hereof there is no mechanic's lien on the property and that no
work has been done, or materials furnished, out of which a mechanic's lien could
ripen.
2. That no agreement is in effect which would adversely affect the title to the
property such as a purchase agreement, lease, land contract, option, etc. other
than the contract with the grantees in a certain deed of even date hereof.
3. That the parties in possession other than the affiant(s) are bona fide tenants
only and have no other interest in the premises whatsoever.
4. That there ar·e no judgments or liens against affiant(s), including income tax
liens, adversely affecting the title to said property.
5. That there are no unpaid taxes, special assessments or water bills outstanding
other than those shown on the clos·ing statement.
6. That any overlooked, unknown, or misquoted taxes, special assessments, water
bills, mortgage deficiencies, etc. shall be immediately paid by affiant(s) as
soon as informed of such.
Seller(s):
The City of Muskegon
BY 8---{~~~
Brian Lazor, Assistant City Planner
Subscribed and sworn to, before me a 11th ay of October, 2002-
\___,,· i
AMYB.FErf Notary Putil i c - - - - - - - County
Notary Public, Muskegon County, Michigan
Mv Commission Expires 4-·19-2.003 My Commission Expires:
ACKNOWLEDGEMENT OF HOMESTEAD EXEMPTION AFFIDAVIT
AND REQUEST TO RESCIND/WITHDRAW HOMESTEAD EXEMPTION
AND PROPERTY TRANSFER AFFIDAVIT
FILE# 422251
DATE: October 11th 2002
The undersigned acknowledges receipt of the Property Transfer Affidavit
form (Michigan Department of Treasury form No. L-.4260) as same is
required by Public Act 415 of 1994 which imposes obligations on
pµrchasers/transferees to.file said form within 45 days of the date of
transfer. The undersigned further acknowledges that Transnation Title
Insurance Company is under no obligation to provide said form but does so
as an accommodation to the undersigned. The undersigned assume{s) all
liability relative to compliance with the Act and, accordingly, holds the
Company harmless from and against any liability relative thereto.
Please check one of the following:
The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
i_ The undersigned request that the Company mail the form by first
class mail and acknowledges that the Company shall not be liable in
the event that any of the information provided on said form is
inaccurate or incomplete, or in the event said form is not received
or properly processed by the local tax collecting unit.
The undersigned acknowledges receipt of the Homestead Exemption Affidavit
form (Michigan Department of Treasury Form No. 2368) as same is required
by Public Act 415 of 1994 which imposes obligations on purchasers/
transferees to file said form within 45 days of the date of transfer.
The undersigned further acknowledges that Transnation Title Insurance
Company.is under no obligation to provide said form but does so as, an
accommodation to the undersigned. The undersigned assume(s) all
liability relative to compliance with the Act and, accordingly, holds the
Company harmless from and against any liability relative thereto.
Please check one of the following:
The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned request that the Company mail the form by first
class mail and acknowledges that the Company shall not be liable in
the event that any of the information provided on said form is
inaccurate or incomplete, or in the event said form is not received
or properly processed by the local tax collecting unit.
PURCHASER ( S) :
Gallo~;:a,;c, /
By "" / ( / , j:'e£?.-
(/fi
--,'CA- ,.,,~f
~,t,'
~ '--
na l d Galloway, eneral Manager
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: SEPTEMBER 24, 2002
RE: Public Hearing
Spreading of the Special Assessment Roll
SHERIN, LAKESHORE DR. TO MINER
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for SHERIN STREET,
LAKESHORE DR. TO MINER, and to adopt the attached resolution confirming the
special assessment roll.
FINANCIAL IMPACT:
A total of$28,943.10 would be spread against the thirteen-(13) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. _ _,2a,0""0""2_-~10~7~(.,.a'-'-)-
Resolution Confirming Special Assessment Roll
For SHERIN ST., LAKESHORE DR. TO MINER
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on March 12, 2002, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR SHERIN ST., LAKESHORE DR. TO MINER
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: __W=a=r~m=i=n._.g~to_n..c..,~B~u_i_e~,_G_a_w_r_o_n~,_L_a_r_s_o_n~1 _S_c_h_w_e_i_f_l_er~,_S_h_e~p_he_r_d_ _ __
Nays: - ~
Non= ~ - - - - - - - - - - -- -- -- - -- - -- - - -
City of Muskegon
By ~ Q ~ ~
Gail A. Kundinger, City Cderk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on September 24, 2002.
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.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being September 24, 2002.
SHERIN STREET, LAKESHORE DR. TO MINER
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
AFFIDAVIT OF MAILING
STATEOFMICHIGAN )
) ss
COUNTY OF MUSKEGON)
· TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :
H-1522 SHERIN, LAKESHORE DRIVE TO MINER
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN ·
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, \VITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED S1ATES MAIL RECEPTACLE ON THE 13TH OF SEPTEMBER, 2002
SUBSCRIBED AND SWORN TO BEFORE ME nns
Jc& DAYOF Oc t ober ,2002.
~ ~LIC, ~ SKEG~ .frY, MICHIGAN
MY COMMISSION EXPIRES 9- d£- o ,6
September 13TH , 2002
Owners Name
Owner's Address
Muskegon, Ml 49441
Property Parcel Number: 24-xxx-xxx-xxxx-xx at Parcel Address
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
H-1522 Sherin, Lakeshore Drive to Miner
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
September 24TH, 2002 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent
or in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED SEPTEMBER 24TH,2002 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL
BE LOST.
The final projected cost of the street improvement portion of the project is $60,000 of which $26,998.50
Wwill be paid by special assessment to the property owners. If the special assessment is confirmed your
property will be assessed $xxx.xx based on xxx feet assessable front footage at $28. 03 per assessable
foot for the street improvements. In addition, you will be assessed $xxx.xx for driveway approach and/or
sidewalk improvements made to your property for a total special assessment cost of $XXXX.XX.
Following are the terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $XXX.XX
Due Date: November 13TH, 2002
«CDBG»
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
H"""Tl.llt..~,ldtf
Mohammed AI-Shatel; P.E.
City Engineer
Enclosures
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
1
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5. 00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household incomei·not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _.Social Security# _ _-_ _-_ _
Spouse: Birthdate: Social Security# _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone: _ _ _ _ _ _ _ _ _ _ _ _ Race: _ _ _ _ _ _ _ _ __
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: _____ List information for household members besides owner/spouse here.
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.Birthdate Social Security# _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.Birthdate Social Security# _ _-_ _-_ _
Name Birthdate_ _ _ _ _ _ __
ANNUAL Household Income: $_ _ __ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $;;:;:;:::::::::::::::::::~======
Jll)t!1'¥ffl¥9wii9~~~,{·.·
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date: _ _ __
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due _ _ _ _ _ _ _ _ _ _ _ _ _ __
(Property taxes must be current to qualify and will be verified by CDBG staff)
Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ __
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete
to the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the
application being processed.
APPROVED ( ) DENIED ( ) DATE _ _ _ _ CENSUSTRACTNO. _ __
SIGNATURE _ _ _ _ _ _ _ _ _ _ _ _ __ TITLE _ _ _ _ _ _ _ _ _ _ _ _ __
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
SHERIN ST., LAKESHORE TO MINER
AND
SIDEWALK REPLACEMENT PROGRAM FOR 2002
The location of the special assessment district and the properties proposed to be assessed are:
All properties abutting Sherin St., from Lakeshore Dr. to Miner
AND
All parcels within area E-5 which is bounded by Ryerson Creek to the north, Evanston to
south, Getty St. to the west and Easterly City limits to the east in a addition to 995
Evanston, 1381, 1391 & 1405 Madison
PLEASE TAKE NOTICE that a hearing to confirm the special assessment district will be held at the City
of Muskegon Commission Chambers on SEPTEMBER 24, 2002 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to
approve the special assessment roll that has been prepared and submitted for the purpose of said
hearing and for examination by those persons to be assessed. The special assessment roll is on
file and may be examined during regular business hours at the City Engineer's office between
8:00 a.m. and 5:00 p.m. on weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF
CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE
PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are further notified that at the first hearing the City Commission determined that the special
assessment district should be created, the improvement made, and the assessment levied. The purpose of
this hearing is to hear objections to the assessment roll and to approve, reject, or correct the said roll.
Gail A. Kundinger, City Clerk
Publish: SEPTEMBER 14, 2002
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the
meeting, upon twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(23 I) 724-6705 of TDD (231) 724-6773
CITY OF MUSKEGON
Resolution No. 2002-32( cl
Ll/\;~ 2 G 2002
Resolution At First Hearing Creating Special Assessment District
For Sherin St., from Lakeshore Dr. to Miner
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on March 12, 2002 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law. ·
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held March 12, 2002, there were 34. 79 % objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
1. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners r,arson and Schweifler
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 43.8% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Warmington, Buie , Gawron, Lar son , Schweifler, Spataro
Nays None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 12, 2002. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By ~ ~ Q ,~
~~
Gail A. Kundinger, Clerk
EXHIBIT A
Sherin St., Lakeshore Dr. to Miner
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Sherin St., Lakeshore
Dr. to Miner
~
1
~
603 602
------
601
2
23
3 I s
676
G
7
CLUB
I
,..
134 I
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
H-1522 SHERIN, LAKESHORE TO MINER
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
D
er~
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ONT[ ;~
GAIL A. KUNDINGER,CTfYERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
/ {l)z DAY OF 2'2la:ccA , 2002.
dvru:ea dJ _ ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES t - o2 .S-- O .2,,
H-1522 HEARING DATE SEPTEMBER 24TH,2002
Sherin, Lakeshore to Miner
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-693-0001-06 2182 SHERIN ST SAPPI PAPER PRODU 2400 LAKESHORE DR MUSKEGON Ml 49441 $1,878.01 $318.30 $2,196.31
24-205-693-0001-07 2190 SHERIN ST HARKER RICHARD 2190 SHERIN ST MUSKEGON Ml 49441 $3,363.60 $241.80 $3,605.40
24-205-693-0001-02 2195 SHERIN ST DUFF BRIAN P/MAURE 3541 CHANNEL DR MUSKEGON Ml 49441 $5,577.97 $0.00 $5,577.97
24-205-693-0001-25 2217 SHERIN ST CARTY CONSTANCE 2217 SHERIN ST MUSKEGON Ml 49441 $981.05 $270.00 $1,251.05
24-205-693-0001-26 2223 SHERIN ST WEE MICHAEL/DEBBIE 2088 PARSLOW#334 MUSKEGON Ml 49441 $1,681.80 $0.00 $1,681.80
24-205-693-0001-29 2224 SHERIN ST HULL THOMAS J 2224 SHERIN ST MUSKEGON Ml 49441 $2,522.70 $278.40 $2,801.10
24-205-693-0001-30 2226 SHERIN ST KOCHMANSKI HENRY 2226 SHERIN ST MUSKEGON Ml 49441 $1,681.80 $346.20 $2,028.00
24-205-693-0001-31 2230 SHERIN ST DAUTEN ALVIN J 2230 SHERIN ST MUSKEGON Ml 49441 $1,681.80 $246.60 $1,928.40
24-205-693-0001-27 2231 SHERIN ST RYAN JERRY W SR 2231 SHERIN ST MUSKEGON Ml 49441 $1,681.80 $243.30 $1,925.10
24-205-693-0001-28 2241 SHERIN ST DAVISON TAG/RHOND 2241 SHERIN ST MUSKEGON Ml 49441 $1,163.25 $0.00 $1,163.25
24-205-693-0001-03 2541 LAKESHORE D SAPP! PAPER PRODU 2400 LAKESHORE DR MUSKEGON Ml 49441 $1,499.61 $0.00 $1,499.61
24-205-693-0001-32 2552 MINERAVE STRICKLAND WILLIE A 2552 MINER AVE MUSKEGON Ml 49441 $1,182.87 $0.00 $1,182.87
24-205-693-0001-01 2565 LAKESHORE D DULA ANDREW J/MAR 2565 LAKESHORE DR MUSKEGON Ml 49441 $2,102.25 $0.00 $2,102.25
9/18/02
Page 1 of 2
H-1522 HEARING DATE SEPTEMBER 24TH,2002.
Sherin, Lakeshore to Miner
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING / SW TOTAL
TOTALS $26,998.50 $1,944.60 $28,943.10
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT
BOARD OF ASSESSORS
CLIFF TURNER, DIRECTOR,COUNTY EQUALIZATION DATE
WILLIAM LARSON CITY COMMISSIONER DATE
ROBERT SCHWEIFLER CITY COMMISSIONER DATE
9/18/02
Page 2 of 2
~ffi@iW~l~J; i@i~:Jf;~imWiei1WuiffiilMit®::t ~¢ti•;&ao1•meesSi tl@f~f~~~f~htlim¾~tf i di l®~h~~~~~*~~it~i~~ff:~ r~h\iit~1~~ ~~~Mi•i;
1 24-205-693-0001-06 21 82 SHERIN ST No 67 $28.03 $1,878.01 $318.30
2 24-205-693-0001-07 2190 SHERIN ST No 120 $28.03 $3,363.60 $48.00
3 24-205-693-0001-02 2195 SHERIN ST No 199 $28.03 $5,577.97 $0.00
4 24-205-693-0001-25 2217 SHERIN ST CDBG Approved You Owe $0.00 35 $28.03 $981.05 $270.00
5 24-205-693-0001-26 2223 SHERIN ST No 60 $28.03 $1,681.80 $0.00
6 24-205-693-0001-29 2224 SHERIN ST No 90 $28.03 $2,522.70 $278.40
7 24-205-693-0001-30 2226 SHERIN ST CDBG Approved You Owe $0.00 60 $28.03 $1,681.80 $346.20
8 24-205-693-0001-31 2230 SHERIN ST CDBG Approved You Owe $0.00 60 $28.03 $1,681.80 $246.60
9 24-205-693-0001-27 2231 SHERIN ST No 60 $28.03 $1,681.80 $243.30
10 24-205-693-0001-28 2241 SHERIN ST No 41.5 $28.03 $1,163.25 $0.00
11 24-205-693-0001-03 2541 LAKESHORE DR No 53.5 $28.03 $1,499.61 $0.00
12 24-205-693-0001-32 2552 MINER AVE NO 42.2 $28.03 $1,182.87 $0.00
13 24-205-693-0001-01 2565 LAKESHORE DR No 75 $28.03 $2,102.25 $0.00
llmilJ1:glaill lijill
$2,196.311 $219.63I~;PPI PAPER PRODUCTS 2400 LAKESHORE DR 2182
$3,411.60 $341.16!HARKER RICHARD 12190 SHERIN ST 149441 !MUSKEGON I 2190
$5,577.97 $557.80!DUFF BRIAN P/MAUREEN A !3541 CHANNEL DR 149441 !MUSKEGON I 2195
$1,251.05 $125.11!CARTY CONSTANCE 12217 SHERIN ST 149441 !MUSKEGON I 2217
$1,681.80 $168.18!WEE MICHAEL/DEBBIE 12088 PARSLOW#334 149441 !MUSKEGON I 2223
$2,801.101 $280.11IHULL THOMAS J 12224 SHERIN ST 149441 !MUSKEGON I 2224
$2,028.00 $202.80IKOCHMANSKI HENRY 12226 SHERIN ST 149441 !MUSKEGON I 2226
$1,928.40 $192.84!DAUTEN ALVIN J 12230 SHERIN ST 149441 !MUSKEGON I 2230
$1,925.10 $192.51!RYAN JERRYWSR 12231 SHERIN ST 149441 !MUSKEGON I 2231
!!,163.25 $116.321 DAVISON TAG/RHONDA 12241 SHERIN ST 149441 !MUSKEGON I 2241
$1,499.61 $149.96!SAPPI PAPER PRODUCTS 12400 LAKESHORE DR 149441 !MUSKEGON I 2541
$1,182.87 $118.29!STRICKLAND WILLIE A 12552 MINER AVE 149441 !MUSKEGON I 2552
$2,102.25 $210.23!DULA ANDREW J/MARCIA N 12565 LAKESHORE DR 149441 !MUSKEGON I 2565
~~~~;~1~1m1~m11~ffi~~lt;1&~J~~~
SHERIN ST Sherin, Lakeshore to Miner H-1522 SEPTEMBER 24TH,2002 $60,000 SEPTEMBER 14TH,2002
SHERIN ST Sherin, Lakeshore to Miner H-1522 SEPTEMBER 24TH,2002 $60,000 SEPTEMBER 14TH,2002
SHERIN ST Sherin, Lakeshore to Miner H-1522 SEPTEMBER 24TH,2002 $60,000 SEPTEMBER 14TH,2002
SHERIN ST Sherin, Lakeshore to Miner H-1522 SEPTEMBER 24TH,2002 $60,000 SEPTEMBER 14TH,2002
SHERIN ST Sherin, Lakeshore to Miner H-1522 SEPTEMBER 24TH,2002 $60,000 SEPTEMBER 14TH,2002
SHERIN ST Sherin, Lakeshore to Miner H-1522 SEPTEMBER 24TH,2002 $60,000 SEPTEMBER 14TH,2002
SHERIN ST Sherin, Lakeshore to Miner H-1522 SEPTEMBER 24TH,2002 $60,000 SEPTEMBER 14TH,2002
SHERIN ST Sherin, Lakeshore to Miner H-1522 SEPTEMBER 24TH,2002 $60,000 SEPTEMBER 14TH,2002
SHERINST Sherin, Lakeshore to Miner H-1522 SEPTEMBER 24TH,2002 $60,000 SEPTEMBER 14TH,2002
SHERIN ST Sherin, Lakeshore to Miner H-1522 SEPTEMBER 24TH,2002 $60,000 SEPTEMBER 14TH,2002
LAKESHORE DR Sherin, Lakeshore to Miner H-1522 SEPTEMBER 24TH,2002 $60,000 SEPTEMBER 14TH,2002
MINER AVE Sherin, Lakeshore to Miner H-1522 SEPTEMBER 24TH,2002 $60,000 SEPTEMBER 14TH,2002
LAKESHORE DR Sherin, Lakeshore to Miner H-1522 SEPTEMBER 24TH,2002 $60,000 SEPTEMBER 14TH,2002
All parcels abutting Sherin from South of Lakeshore to the South side of Miner
All parcels abutting Sherin from South of Lakeshore to the South side of Miner WILLIAM LARSON IROBERT SCHWEIFLER
All parcels abutting Sherin from South of Lakeshore to the South side of Miner WILLIAM LARSON I ROBERT SCHWEIFLER
All parcels abutting Sherin from South of Lakeshore to the South side of Miner WILLIAM LARSON I ROBERT SCHWEIFLER IMU..S.K_E~ON
All parcels abutting Sherin from South of Lakeshore to the South side of Miner WILLIAM LARSON I ROBERT SCHWEIFLER IMU..S_K_~GON
All parcels abutting Sherin from South of Lakeshore to the South side of Miner WILLIAM LARSON !ROBERT SCHWEIFLER 11\/1.U..S.K_E~ON
All parc_Ells abutting Sherin from South of Lakeshore to the South side of Miner !WILLIAM LARSON I ROBERT SCHWEIFLER ON
All parcels abutting Sherin from South of Lakeshore to the South side of Miner !WILLIAM LARSON IROBERT SCHWEIFLER
All parcels abutting Sherin from South of Lakeshore to the South side of Miner !WILLIAM LARSON IROBERT SCHWEIFLER
All parcels abutting Sherin from South of Lakeshore to the South side of Miner !WILLIAM LARSON IROBERT SCHWEIFLER
All parcels abutting Sherin from South of Lakeshore to the South side of Miner !WILLIAM LARSON I ROBERT SCHWEIFLER
All parcels abutting Sherin from South of Lakeshore to the South side of Miner !WILLIAM LARSON I ROBERT SCHWEIFLER
All parcels abutting Sherin from South ofLakeshore to the South side of Miner !WILLIAM LARSON I ROBERT SCHWEIFLER !MUSKEGON
H-1522 HEARING DATE SEPTEMBER 24TH,2002
Sherin, Lakeshore to Miner
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-693-0001-06 2182 SHERIN ST SAPPI PAPER PRODU 2400 LAKESHORE DR MUSKEGON Ml 49441 $1,878.01 $318.30 $2,196.31
24-205-693-0001-07 2190 SHERIN ST HARKER RICHARD 2190 SHERIN ST MUSKEGON Ml 49441 $3,363.60 $48.00 $3,411.60
24-205-693-0001-02 2195 SHERIN ST DUFF BRIAN P/MAURE 3541 CHANNEL DR MUSKEGON Ml 49441 $5,577.97 $0.00 $5,577.97
24-205-693-0001-25 2217 SHERIN ST CARTY CONSTANCE 2217 SHERIN ST MUSKEGON Ml 49441 $981.05 $270.00 $1,251.05
24-205-693-0001-26 2223 SHERIN ST WEE MICHAEL/DEBBIE 2088 PARSLOW#334 MUSKEGON Ml 49441 $1,681.80 $0.00 $1,681.80
24-205-693-0001-29 2224 SHERIN ST HULL THOMAS J 2224 SH ERIN ST MUSKEGON Ml 49441 $2,522.70 $278.40 $2,801.10
24-205-693-0001-30 2226 SHERIN ST KOCHMANSKI HENRY 2226 SHERIN ST MUSKEGON Ml 49441 $1,681.80 $346.20 $2,028.00
24-205-693-0001-31 2230 SHERIN ST DAUTEN ALVIN J 2230 SHERIN ST MUSKEGON Ml 49441 $1,681.80 $246.60 $1,928.40
24-205-693-0001-27 2231 SHERIN ST RYAN JERRY W SR 2231 SHERIN ST MUSKEGON Ml 49441 $1,681.80 $243.30 $1,925.10
24-205-693-0001-28 2241 SHERIN ST · DAVISON TAG/RHOND 2241 SHERIN ST MUSKEGON Ml 49441 $1,163.25 $0.00 $1,163.25
24-205-693-0001-03 2541 LAKESHORE D SAPPI PAPER PRODU 2400 LAKESHORE DR MUSKEGON Ml 49441 $1,499.61 $0.00 $1,499.61
24-205-693-0001-32 2552 MINERAVE STRICKLAND WILLIE A 2552 MINER AVE MUSKEGON Ml 49441 $1,182.87 $0.00 $1,182.87
24-205-693-0001-01 2565 LAKESHORE D DULA ANDREW J/MAR 2565 LAKES HORE DR MUSKEGON Ml 49441 $2,102.25 $0.00 $2,102.25
9/19/02
Page 1 of 2
H-1522 HEARING DATE SEPTEMBER 24TH,2002
Sherin, Lakeshore to Miner
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
TOTALS. $26,998.50 $1,750.80 $28,749.30
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT
BOARD OF ASSESSORS
tlj,~
F TURNER, DIRECT
11} J/_ OR,
'rjp,1,(..,(JYv
~~
UNTY EQUALIZA~ ~~?'°
ON ATE
~ARS,QJlDl--1_ _
~ NER DATE
~~,~~~~L
DATE
9/19/02
Page 2 of 2
Date: September 24, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Spreading of the Special Assessment Roll on:
Sidewalk Replacement Program for 2002 (Area E-5)
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment roll for the 2002 Sidewalk
Replacement Program and to adopt the attached resolution confirming the special assessment
Roll.
FINANCIAL IMP ACT:
A total of$154,929.85 will be assessed against 298 parcels.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2002- 107 I b)
Resolution Confirming Special Assessment Roll
for THE 2002 SIDEWALK REPLACEMENT PROGRAM (E-5).
E-5 is bounded by Ryerson Creek to the north, Evanston to south, Getty St. to the west and
Easterly City limits to the east in a addition to 995 Evanston, 1381, 1391 & 1405 Madison.
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
1. The City Commission determined to create a special assessment district covering the
properties set forth in Exhibit A attached to this resolution on February 12, 2002, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any assessment which is paid in installments shall carry interest at
the rate of 5.00% per annum to be paid in addition to the principal payments on the
special assessment.
Continued ...
3. The Clerk is directed to endorse the certificate of this
confomation resolution and the Mayor may endorse or attach his warrant bearing the date
of this resolution which is the date of confirmation.
This resolution passed.
Ayes: Warmington, Buie, Gawron, Larson, Schweifler 1 Shepherd, Spataro
Nays:
- - None
~~-- -- - - - - -- - - - - -- - - - - -- -- - - -
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on September 24, 2002.
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.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being September 24, 2002.
City of Muskegon
Kundinger, City
THE 2002 SIDEWALK REPLACEMENT PROGRAM
(Area E-5)
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
-----,
BY:
EXHIBIT A
SIDEWALK REPLACEMENT PROGRAM FOR 2002
SPECIAL ASSESSMENT DISTRICT
The locat_ion of the special assessment district and the properties proposed to be assessed are:
TI1ose properties identified in the area listed below as having sidewalk deficiencies in which the owners
have not completed the required improvements by June 1, 2002.
All parcels within area E-5 which is bounded by Ryerson Creek to the north, Evanston to
south, Getty St. to the west and Easterly City limits to the east in a addition to 995 Evanston,
1381, 1391 & 1405 Madison
AFFIDAVIT OF MAILING :
.STATE OF 1vJICIDGAN )
) ss
COUNTY OF MUSKEGON).
TO CONFIRlVI THE SPECIAL ASSESSMENT DISTRICT FOR :
. H-1535, Sidewalk Replacement Program 2002
THE DEPONENT SA.YS THAT THE NOTICE OF HEARJNG WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SP.ECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITHPOSTAGEPREPAID,ADDRESSED TOEACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 13TH DAY OF SEPTEMBER,
2002.
~ a - ~~
GAlL A. KUNDING:J;:R, CITY~
SUBSCRIBED AND SWORN TO BEFORE ME TIDS
3c& DAY OF . October ,2002.
dvrz® g<j ~ .
, MUS GDNC0UNTY, MICIDGAN
R ~----.....O
MY COMJYIISSION EXPIRES _ _9.__-__.<--.- ~ :J..__
.iul
l!H,
September 13th , 2002
Owners Name
Owners Address
MUSKEGON, Ml 49441 23
Property Parcel Number: 24-xxx-xxx-xxxx-00 at Parcel Address
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will
now consider final confirmation of the special assessment roll:
H-1535 Sidewalk Replacement Program for 2002
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on
Tuesday, September 24th, 2002 at 5:30 P.M. You are entitled to appear at this hearing, either in
person, by agent or in writing to express your opinion, approval, or objection concerning the
special assessment. Written appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR
ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE
SPECIAL ASSESSMENT IS COI\JFIRMED ON DECEMBER 11, 2001, YOU WILL HAVE THIRTY
(30) DAYS FROM THE DATE OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH
THE MICHIGAN TAX TRIBUNAL (517-334-6521). HOWEVER, UNLESS YOU PROTEST AT
THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING BEFORE OR AT THE
HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
Costs
The total cost of the project will be paid by special assessment to property owners. If the special
assessment is confirmed, your property will be assessed $xxx.xx for the work performed.
Following are the terms of the special assessment: CDBG approved. You owe $0.00
Assessment Period: Ten (10) Years
Interest Rate: 5.00%
First installment: $xx.xx
Due Date: November 13th, 2002
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
~1.41,.~,M.f
Mohammed AI-Shatel; P.E.
City Engineer
Enclosures
SIDEWALK REPLACEMENT PROGRAM FOR 2002
DETAILS BY PARCEL
PARCEL 24-XXX-XXX-XXXX-XX
@ XXXX AMITY AVE
CONCRETE DRIVE APPROACH 0.00 SYD@$ 22.50/ SYD $0.00
REMOVING CONCRETE DRIVE APPROACH 0.00 SYD@ $6.75/ SYD $0.00
REMOVING CONCRETE CURB 0.00 L FT@ $ 3.00 I L FT
$0.00
EXCAVATION 0.00 C YD@$ 6.00/CYD $0.00
BORROW FILL 0.00 C YD @ $ 4.00 /SYD $0.00
TOTAL FOR DRIVE APPROACH $0.00
ENGINEERING FEES FOR DRIVE APPROACH $0.00
CONCRETE SIDEWALK 75.00 S FT @ $ 5.30/ S FT $397.50
TOTAL FOR THIS PARCEL $397.50
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _,Social Security# _ _-_ _ _ __
Spouse: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _ Social Security# _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone: _ _ _ _ _ _ _ _ _ _ _ _ Race: _ _ _ _ _ _ _ _ __
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infonnation)
Number Living in Household: _ _ _ _ _ List information for household members besides owner/spouse here.
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .Birthdate_ _ _ _ _ _ _ _,Social Security# _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
ANNUAL Household Income: $_ _ __ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date: _ _ __
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due _ _ _ _ _ _ _ _ _ _ _ _ _ __
(Property taxes must be current to qualify and will be verified by CDBG start)
Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ __
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete
to the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the
application being processed.
APPROVED ( ) DENIED ( ) DATE _ _ _ _ CENSUS TRACT NO. _ __
SIGNATURE _ _ _ _ _ _ _ _ _ _ _ _ _ TITLE _ _ _ _ _ _ _ _ _ _ _ __
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
SHERIN ST., LAKESHORE TO MINER
AND
SIDEWALK REPLACEMENT PROGRAM FOR 2002
The location of the special assessment district and the properties proposed to be assessed are:
All properties abutting Sherin St., from Lakeshore Dr. to Miner
AND
All parcels within area E-5 which is bounded by Ryerson Creek to the north, Evanston to
south, Getty St. to the west and Easterly City limits to the east in a addition to 995
Evanston, 1381, 1391 & 1405 Madison
PLEASE TAKE NOTICE that a hearing to confirm the special assessment district will be held at the City
of Muskegon Commission Chambers on SEPTEMBER 24, 2002 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to
approve the special assessment roll that has been prepared and submitted for the purpose of said
hearing and for examination by those persons to be assessed. The special assessment roll is on
file and may be examined during regular business hours at the City Engineer's office between
8:00 a.m. and 5:00 p.m. on weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF
CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE
PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are fmther notified that at the first hearing the City Commission determined that the special
assessment district should be created, the improvement made, and the assessment levied. The purpose of
this hearing is to hear objections to the assessment roll and to approve, reject, or correct the said roll.
Gail A. Kundinger, City Clerk
Publish: SEPTEMBER 14, 2002
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the
meeting, upon twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 of TDD (231) 724-6773
\
FED 21 2002
CITY OF JYIUSKEGON
Resolution No. 2002-16 (a)
Resolution At First Hearing Creating Special Assessment District
For The 2002 Sidewalk Replacement Program (ES)
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
A hearing has been held on February 12, 2002 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held February 12, 2002, there were 0. 23% objections by the owners of the
properties in the district registered at the hearing either in writing received before or at the
hearing or by owners or agents present at the hearing, and the Commission has considered
the advisability of proceeding with the project.
f<INDINGS:
1. The City Commission has examined the estimates of cost to construct the project including
all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the properties to be assessed and the
value of the benefit to be received by each properties proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the properties.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the
properties set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
engineer's survey, inspection, reconunendation and estimates of costs, and directs the City
Engineer to proceed with project design, preparation of specifications and the bidding
process. If appropriate and if bonds are to be sold for the purposes of financing the
improvements, the Finance Department shall prepare plans for financing including
submission of application to the Michigan Department of Treasury and the beginning of
bond proceedings.
3. The City Commission hereby appoints a Board of Assessors cons1stmg of City
Commissioners Shepherd and Schweifler and the City Assessor
who are hereby directed to prepare an assessment roll. Assessments shall be made upon
actual work preformed.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected that
approximately 100% of the cost of the improvement will be paid by special assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in prope1iies to be assessed of the hearing at which the·
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes, Commissioners Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington, Buie
Nays, None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 12, 2002.
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
PARCEL @
SPECIAL ASSESSMENT ROLL TOTAL
TAXPAYER
'24-121-400-0005-00 1248 AMITY AVE BLACKMON PATRICIA 1248 AMITY AVE MUSKEGON Ml $265.00
24-121-400-0006-00 1270 AMITY AVE NEUMANN RICHARD 552 E BARD RD MUSKEGON Ml $530.00
24-121-400-0007-00 1280 AMITY AVE HILL LINDAA 1280 AMITY AVE MUSKEGON Ml $613.48
24-850-002-0012-00 1291 AMITY AVE COOPER ELI 5967 AIRLINE RD FRUITPORT Ml $132.50
24-785-000-0034-00 1359 AMITY AVE DOOLEY ARTHUR EARL 1359 AMITY AVE MUSKEGON Ml $397.50
24-785-000-0042-00 1397 AMITY AVE GILLIAM MARY A 1397 AMITY MUSKEGON Ml $265.00
24-851-003-0001-00 1210 ALLEN AVE COBB FRANK/EDMONSONrrRO 801 MILLS MUSKEGON Ml $265.00
24-850-002-0006-00 1260 ALLEN AVE PERRY CONNIE L 1260 ALLEN AVE MUSKEGON Ml $148.40
24-850-002-0001-00 941 EVART ST MORRIS NATHANIEL 941 EVART ST MUSKEGON Ml $132.50
24-785-000-0027-00 1316 ALLEN AVE ODNEAL ROBERT 1316 ALLEN AVE MUSKEGON Ml $265.00
24-785-000-0023-00 1340 ALLEN AVE MAJOR DEBRA A 1340 ALLEN MUSKEGON Ml $422.21
24-850-001-0007-00 954 PLYMOUTH ST TEMPLE HARRY E 1258 E APPLE MUSKEGON Ml $530.00
24-850-001-0012-00 1297 ALLEN AVE PEREZ AGAPITO 1297 ALLEN MUSKEGON Ml $530.00
24-785-000-0002-00 1315 ALLEN AVE DENGLER ESTHER A/ET AL 1315 ALLEN AVE MUSKEGON Ml $132.50
24-785-000-0005-00 1345 ALLEN AVE MOORE INVESTMENT PROPER PO 5377 MUSKEGON Ml $283.55
24-785-000-0008-00 1351 ALLEN AVE PALMER MARION 1351 ALLEN AVE MUSKEGON Ml $132.50
24-121-400-0025-00 1216 APPLE AVE POSTEMA MAX 1216 E APPLE AVE MUSKEGON Ml $662.50
24-850-001-0006-00 1258 APPLE AVE TEMPLE HARRY 1258 EAPPLEAVE MUSKEGON Ml $397.50
24-850-001-0002-00 1280 APPLE AVE DIPLEY ROSE 1280 E APPLE AVE MUSKEGON Ml $132.50
24-850-001-0001-00 1294 APPLE AVE MCBRIDE ROBERT/WALKER NI 1294 E APPLE AVE MUSKEGON Ml $132.50
24-121-400-0027 -00 1314 APPLE AVE APPLE INVESTORS LLC 1314 E APPLE AVE MUSKEGON Ml $686.35
24-121-400-0028-00 1328 APPLE AVE SL PROPERTIES 1314 E APPLE AVE MUSKEGON Ml $397.50
24-121-400-0034-00 1392 APPLE AVE VANSOLKEMA DAVID/MARY 4360 HACKLEY POINT LN MUSKEGON Ml $323.30
24-121-400-0035-00 1414 APPLE AVE WMCR CORPORATION PO BOX456 ALPENA Ml $1,457.50
24-730-000-0169-00 1436 APPLE AVE B K MUSKEGON PROPERTIES 4220 EDISON LAKES PKWY MISHAWAKA IN $397.50
24-900-251-5190-00 1490 APPLE AVE PON DEROSA #0452 PO BOX 131211 DALLAS TX $863.88
24-121-300-0183-00 1186 ALLEN AVE ROSEARDIE C 484 MCLAUGHIN AVE MUSKEGON Ml $588.30
24-121-300-0178-00 1148 ALLEN AVE DAKE JOSEPH 1148 ALLEN AVE MUSKEGON Ml $265.00
24-121-300-0177-00 1132 ALLEN AVE FLEET MORTGAGE CORP 11200 W PARKLAND AVE MILWAUKEE WI $636.00
24-121-300-0186-00 1131 ALLEN AVE CUNNINGHAM LAWAUN 1131 ALLEN AVE MUSKEGON Ml $705.76
24-121-300-0188-00 1145 ALLEN AVE TILLEMA GLEN A 2044 S WALKER RD MUSKEGON Ml $874.50
REVISED 09 /18/02
PARCEL @
SPECIAL ASSESSMENT ROLL
TAXPAYER TOTAL
I24-121-300-0190-00 1155 ALLEN AVE JORDAN MYRTLE H 1153 ALLEN AVE MUSKEGON Ml $397.50 .
24-121-300-0202-00 1176 APPLE AVE SCOTT JOYCE A 1176 E APPLE AVE MUSKEGON Ml $530.00
24-121-300-0200-00 1162 APPLE AVE MITCHELL JOHN 1162 EAPPLEAVE MUSKEGON Ml $397.50
24-121-300-0197-00 1130 APPLE AVE JAMESON MARYE 1130 E APPLE AVE MUSKEGON Ml $132.50
24-685-001-0007-20 1226 EVANSTON AVE MCDONALD JUDITH A 1226 EVANSTON AVE MUSKEGON Ml $556.50
24-685-001-0007-10 1415 GARDEN AVE RODRIGUEZ WILLIAM 1415 GARDEN AVE MUSKEGON Ml $190.80
24-685-002-0001-10 1250 EVANSTON AVE AVANT MILDRED S TRUST 1250 EVANSTON AVE MUSKEGON Ml $159.00
24-685-003-0003-00 1260 FLOWER AVE FORESTER MARK/KAREN 1260 FLOWER AVE MUSKEGON Ml $190.80
24-685-003-0005-00 1270 FLOWER AVE TICE LOIS K 1270 FLOWER AVE MUSKEGON Ml $131.44
24-685-003-0007-00 1282 FLOWER AVE RAWDON ALBERT JR 1282 FLOWER MUSKEGON Ml $494.65
24-750-000-0157-00 1318 FLOWER AVE BULTHOUSE LUCILLE 3675 NORTON HILLS MUSKEGON Ml $1,192.50
24-750-000-0155-00 1326 FLOWER AVE SINGLETON JAMES L 3925 E APPLE MUSKEGON Ml $583.00
24-750-000-0149-00 1366 FLOWER AVE SIPERLY PAULINE 1366 FLOWER AVE MUSKEGON Ml $265.00
24-750-000-0145-00 1392 FLOWER AVE HEIKKINEN HAROLD 1392 FLOWER MUSKEGON Ml $927.50
24-750-000-0163-00 1309 FLOWER AVE BURR JACKLYN K 1309 FLOWER AVE MUSKEGON Ml $132.50
24-750-000-0165-00 1315 FLOWER AVE BULLERMAN NEIL J 1315 FLOWER AVE MUSKEGON Ml $397.50
24-750-000-0186-00 1467 SAMBURTST BYRD CHARLES R 1467 SAMBURT ST MUSKEGON Ml $132.50
24-750-000-0197-00 1332 EVANSTON AVE DAHLMAN DOUGLAS/DAWN 1332 EVANSTON AVE MUSKEGON Ml $795.00
24-750-000-0191-00 1300 EVANSTON AVE LYONS LORETTA 1300 EVANSTON AVE MUSKEGON Ml $795.00
24-750-000-0169-00 1357 FLOWER AVE SMITH DANIEL W/REBECCA S 1367 FLOWER AVE MUSKEGON Ml $397.50
24-750-000-0174-00 1387 FLOWER AVE 2001 C/W 24-750-000-0173-00 1387 FLOWER AVE MUSKEGON Ml $397.50
24-750-000-0176-00 1461 CRESTON ST GRAYER GEORGE L 1461 CRESTON ST MUSKEGON Ml $397.50
24-750-000-0180-00 1481 CRESTON ST HEJKA HELEN 1481 CRESTON ST MUSKEGON Ml $662.50
24-750-000-0203-00 1376 EVANSTON AVE WILCOX RONALD L 1376 EVANSTON AVE MUSKEGON Ml $265.00
24-750-000-0199-00 1356 EVANSTON AVE PUTNAM DAVID W 1356 EVANSTON MUSKEGON Ml $397.50
24-121-300-0157-00 868 APPLE AVE TIMMER J SCOTT 301 E CIRCLE DR N MUSKEGON Ml $132.50
24-121-300-0161-00 908 APPLE AVE FRALY CRAIG/HOWE D 908 E APPLE AVE MUSKEGON Ml $132.50
24-121-300-0151-00 920 APPLE AVE HITTLE JAMES J 1321 KINGSLEY ST MUSKEGON Ml $132.50
24-121-300-0163-00 938 APPLE AVE MCEACHEN JAMES/BONITA 1439 EAST ST MUSKEGON Ml $265.00
24-121-300-0144-00 849 ALLEN AVE TRAYLOR LINDA C 849 ALLEN AVE MUSKEGON Ml $265.00
24-121-300-0143-00 845 ALLEN AVE COLLIE ALLEN J 845 ALLEN AVE MUSKEGON Ml $265.00
REVISED 09 /18/02
PARCEL
SPECIAL ASSESSMENT ROLL
@
TAXPAYER TOTAL
'24-121-300-0128-00 830 ALLEN AVE WHITE GARY JR 830 ALLEN AVE MUSKEGON Ml $265.00
24-121-300-0129-00 838 ALLEN AVE ERICKSON AUDREY 1949 RIEGLER RD MUSKEGON Ml $121.63
24-121-300-0132-00 868 ALLEN AVE COACH MATILDA 868 ALLEN AVE MUSKEGON Ml $516.75
24-121-300-0124-00 921 STEVENS ST MOFFETT ISAAC JR 1500 N PETERSON RD MUSKEGON Ml $132.50
24-121-300-0116-00 877 AMITY AVE ROBAR PAUL 1119SOPHIAST MUSKEGON Ml $530.00
24-121-300-0115-00 869 AMITY AVE MURAR DAVID A 869 AMITY AVE MUSKEGON Ml $132.50
24-121-300-0114-00 861 AMITY AVE RING LINDA L 861 AMITY AVE. MUSKEGON Ml $287.06
24-121-300-0067-00 824 AMITY AVE WYNN BOAZIE/GERALDINE 824AMITY AVE MUSKEGON Ml $1,099.75
24-121-300-0071-00 850 AMITY AVE ROSS ANNIE L TRUST 850 AMITY AVE MUSKEGON Ml $861.19
24-121-300-0072-00 858 AMITY AVE SMITH JOHN K PO BOX 1422 MUSKEGON Ml $265.00
24-121-300-0061-00 892 AMITY AVE SMITH GEORGE T 892 AMITY AVE MUSKEGON Ml $2,252.50
24-121-300-0073-00 904 AMITY AVE BRIGGS JACQUELINE MOFFET 904 AMITY AVE MUSKEGON Ml $1,104.12
24-121-300-0074-00 918 AMITY AVE HIGLEY GERALD F 918 AMITY AVE MUSKEGON Ml $795.00
24-121-300-0076-00 934 AMITY AVE WILSON VINDA 934 AMITY AVE MUSKEGON Ml $265.00
24-121-300-0066-00 873 STEVENS ST BRADFIELD LARRY D 873 STEVENS ST MUSKEGON Ml $132.50
24-121-300-0065-00 863 STEVENS ST VAZQUEZ CARLOS A/ET AL 15136 OAKLAND SPRING LAKE Ml $397.50
24-121-300-0063-00 915 ORCHARD AVE LEE ENOUS/LEE LINWOOD 915 ORCHARD AVE MUSKEGON Ml $132.50
24-121-300-0040-00 840 GETTY ST BABCOCK CHERYL L 840 GETTY ST MUSKEGON Ml $132.50
24-121-300-0046-00 872 ORCHARD AVE LESTER CLANCIE 872 ORCHARD AVE MUSKEGON Ml $154.56
24-121-300-0048-00 886 ORCHARD AVE BROWN CHARLES D 886 ORCHARD AVE MUSKEGON Ml $265.00
24-121-300-0050-00 908 ORCHARD AVE GILBERT FAY R 908 ORCHARD AVE MUSKEGON Ml $1,104.12
24-121-300-0051-00 922 ORCHARD AVE WILKINS GAIL L 922 ORCHARD AVE MUSKEGON Ml $132.50
24-121-300-0053-00 940 ORCHARD AVE MCKENZIE ELIZABETH W 940 ORCHARD AVE MUSKEGON Ml $132.50
24-121-300-0036-00 921 OAK AVE RILEY TIMOTHY F/PIPKINS TAMI 921 OAK AVE MUSKEGON Ml $132.50
24-121-300-0029-00 861 OAK AVE GARDNER JOHN JR 861 OAK AVE MUSKEGON Ml $662.50
24-121-300-0009-00 866 OAKAVE CARTER NORMAN/BERTHA 866 OAK AVE MUSKEGON Ml $172.25
24-121-300-0012-00 886 OAKAVE SINGLETON LIGHTLE CORP 3925 APPLE AVE MUSKEGON Ml $1,047.81
24-121-300-0013-00 896 OAK AVE STEGALL LORI M 896 OAK AVE MUSKEGON Ml $397.50
24-121-300-0011-00 914 OAKAVE MOORE INVESTMENT PROPS PO BOX5377 MUSKEGON Ml $397.50
24-128-200-0010-00 1333 APPLE AVE PRIMAX PROPERTIES LLC 1115 E MOREHEAD ST CHARLOTTE NC $3,733.62
24-121-300-0014-00 920 OAK AVE JACKSON JULIA M 920OAKAVE MUSKEGON Ml $309.12
REVISED 09 /18/02
PARCEL @
SPECIAL ASSESSMENT ROLL
TAXPAYER TOTAL
I24-121-300-0015-00 926 OAK AVE MATTSON BRIAN/SHELLY 15400 COMSTOCK GRAND HAVE Ml $265.00
24-121-300-0018-00 946 OAK AVE BAILEY JIMMIE R 946 OAK AVE MUSKEGON Ml $866.97
24-142-000-0053-00 1090 APPLE AVE TOKARCZYK DANA 1090 E APPLE AVE MUSKEGON Ml $265.00
24-142-000-0051-00 1085 ALLEN AVE THOMAS HOLMAN/MAY DELL 1085 ALLEN AVE MUSKEGON Ml $879.80
24-142-000-0048-00 1061 ALLEN AVE KITCHEN SHEILA 1061 ALLEN AVE MUSKEGON Ml $132.50
24-142-000-0043-00 1025 ALLEN AVE BROWN BOBBY W 1025 ALLEN AVE MUSKEGON Ml $241.15
24-142-000-0042-00 1015 ALLEN AVE BANK OF NEW YORK 101 BARCLAY ST NEW YORK NY $241.15
24-142-000-0040-00 1003 ALLEN AVE JOHNSON LATESHA 1003 ALLEN AVE MUSKEGON Ml $267.65
24-142-000-0032-00 940 STEVENS ST SIMS DORIS 940 STEVENS ST MUSKEGON Ml $341.85
24-142-000-0030-00 982 ALLEN AVE BROWN IDELLIA 982 ALLEN AVE MUSKEGON Ml $552.06
24-142-000-0023-00 1044 ALLEN AVE IVORY BETTY 1044 ALLEN AVE MUSKEGON Ml $132.50
24-142-000-0021-00 1060 ALLEN AVE DAVIS WENDY/BETTS RASHON 1060 ALLEN AVE MUSKEGON Ml $132.50
24-142-000-0017-00 1084 ALLEN AVE MUSKEGON CONQUERING FAI 1084 ALLEN AVE MUSKEGON Ml $1,231.30
24-142-000-0016-00 1093 AMITY AVE SUMLAR RANMERLEE 1093AMITY AVE MUSKEGON Ml $265.00
24-142-000-0012-00 1051 AMITY AVE HUGHES PERRY 1051 AMITY AVE MUSKEGON Ml $132.50
24-142-000-0005-00 995 AMITY AVE HOWARD OSSIE 987 AMITY AVE MUSKEGON Ml $265.00
24-142-000-0002-00 965 AMITY AVE BANKS GWENDOLYN 965 AMITY AVE MUSKEGON Ml $159.00
24-142-000-0001-00 961 AMITY AVE WALLACE CARUNICOLE 961 AMITY AVE MUSKEGON Ml $583.00
24-121-300-0082-00 846 STEVENS ST BURT MAYLIA M 846 STEVENS ST MUSKEGON Ml $927.50
24-121-300-0087-00 850 STEVENS ST FISHER GLORIA J ET AL 850 STEVENS ST MUSKEGON Ml $485.81
24-121-300-0091-00 876 STEVENS ST BIBBS SUSIE A 876 STEVENS ST MUSKEGON Ml $132.50
24-121-300-0092-00 966 AMITY AVE JACOBS BARBARA 966 AMITY AVE MUSKEGON Ml $927.50
24-121-300-0093-00 982 AMITY AVE DAVIS DELORES 3125 8TH ST MUSKEGON H Ml $415.12
24-121-300-0100-00 1048 AMITY AVE AUSTIN TONY S 1048 AMITY AVE MUSKEGON Ml $287.06
24-121-300-0105-00 1094 AMITY AVE BEACH ASHEL T/ESMERALDA 1094 AMITY AVE MUSKEGON Ml $481.39
24-121-300-0085-00 1007 OAK AVE CONSUMERS ENERGY 4000 CLAY AVE SW PO BOX 2 GRAND RAPID Ml $1,060.00
24-121-300-0080-00 987 OAK AVE CRAIN REBAL 987OAKST MUSKEGON Ml $710.20
24-121-300-0198-00 1150 APPLE AVE BAKER MICHAEL D 1150 E APPLE AVE MUSKEGON Ml $132.50
24-121-300-0164-00 1111 AMITY AVE DAVIS LAWRENCE JR 1111 AMITY AVE MUSKEGON Ml $132.50
24-121-300-0165-00 1123 AMITY AVE LEGERT TAYLOR/WILLIE MAE T 1123 AMITY AVE MUSKEGON Ml $135.15
24-121-300-0168-00 1143 AMITY AVE SUHR BLANCHE J/MARILYN J 1143AMITYAVE MUSKEGON Ml $122.76
REVISED 09 /18/02
SPECIAL ASSESSMENT ROLL TOTAL
PARCEL @
TAXPAYER
'24-685-003-0008-00 1283 HOWARD AVE CARR VICTORIA H 1283 HOWARD AVE MUSKEGON Ml $397.50
24-750-000-0129-00 1305 HOWARD AVE VEEN CLARENCE ET AL 1305 HOWARD AVE MUSKEGON Ml $530.00
24-750-000-0143-00 1391 HOWARD AVE MYERSMAXE 1391 HOWARD AVE MUSKEGON Ml $265.00
24-685-005-0003-00 1206 HOWARD AVE WILLIAMSON WILLIAM Ill 1206 HOWARD AVE MUSKEGON Ml $132.50
24-685-005-0005-00 1210 HOWARD AVE ADAMS ERIC D 1210 HOWARD AVE MUSKEGON Ml $795.00
24-685-005-0007-00 1224 HOWARD AVE TUCKER IDA ROBINSON 1244 HOWARD AVE MUSKEGON Ml $265.00
24-685-005-0008-00 1236 HOWARD AVE KELLY KIMBERLY ANN 1236 HOWARD AVE MUSKEGON Ml $265.00
24-685-004-0006-00 1280 HOWARD AVE SCHOENMAKER MARTIN W 1280 HOWARD AVE MUSKEGON Ml $265.00
24-685-005-0010-00 1237 LANGELAND AV MUTTART ROBERT JR 1237 LANGELAND AVE MUSKEGON Ml $106.00
24-685-006-0006-00 1220 LANGELAND AV CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml $500.85
24-685-006-0007-00 1226 LANGELAND AV PATRICIO DOMINIC/SUSAN 1226 LANGELAND AVE MUSKEGON Ml $235.85
24-685-006-0014-00 1213 FRANCES AVE MESSER CHARLES 1213 FRANCES AVE MUSKEGON Ml $132.50
24-685-007-0005-00 1274 LANGELAND AV JDR PROPERTIES LLC PO BOX 145 FRUITPORT Ml $265.00
24-685-007-0006-00 1280 LANGELAND AV WALKER ROGER L 1260 KENNETH MUSKEGON Ml $132.50
24-685-007-0007-00 1288 LANGELAND AV SPENCER DONALD 1288 LANGELAND AVE MUSKEGON Ml $265.00
24-685-007-0008-00 1285 FRANCES AVE POST JEFFREY P 1285 FRANCES AVE MUSKEGON Ml $265.00
24-685-007-0012-00 1261 FRANCES AVE REDMON GARY 1261 FRANCES AVE MUSKEGON Ml $882.50
24-685-009-0004-00 1208 FRANCES AVE KECK LESLIE C 1208 FRANCES AVE MUSKEGON Ml $132.50
24-685-009-0008-00 1232 FRANCES AVE VANDAM ELDRED 1232 FRANCES AVE MUSKEGON Ml $132.50
24-685-011-0001-00 1254 CALVIN AVE BELLAH JOSEPH M 1254 CALVIN AVE MUSKEGON Ml $397.50
24-685-011-0012-00 1259 MCLAUGHLIN A HAYNES DELAWRENCE 1259 MCLAUGHLIN AVE MUSKEGON Ml $265.00
24-680-000-0039-00 1265 CATHERINE AVE B BOLEMA REAL ESTATE ONE L 4450 WEBER RD WHITEHALL Ml $132.50
24-680-000-0057-00 1162 BURTON RD BAYLE TRICIA L 1330 5TH ST MUSKEGON Ml $132.50
24-680-000-0051-00 1312 MCLAUGHLIN A SCHUTTER RUSSELL T 1312 MCLAUGHLIN AVE MUSKEGON Ml $291.50
24-680-000-0033-00 1270 CATHERINE AVE QUINTERO MIGUEUNANCY 1270 CATHERINE AVE MUSKEGON Ml $132.50
24-680-000-0031-00 1286 CATHERINE AVE BERRY ANTHONY/SINGLETON 1286 CATHERINE AVE MUSKEGON Ml $132.50
24-680-000-0059-00 1312 CATHERINE AVE RADEMAKER EVA M 1312 CATHERINE AVE MUSKEGON Ml $265.00
24-4 75-000-0080-00 1516 CRESTON ST BELMONTE FRANK 1516 CRESTON ST MUSKEGON Ml $265.00
24-475-000-0078-00 1440 EVANSTON AVE MAHN BRUCE A/CHARLOTTE 1440 EVANSTON AVE MUSKEGON Ml $1,192.50
24-475-000-0071-00 1499 EASTWOOD DR COURTNEY R J 1499 EASTWOOD DR MUSKEGON Ml $1,192.50
24-475-000-0027-00 1500 EASTWOOD DR DILL RANDALL E/PAMELA J 1500 EASTWOOD DR MUSKEGON Ml $1,192.50
REVISED 09 /18/02
PARCEL @
SPECIAL ASSESSMENT ROLL TOTAL
TAXPAYER
"24-475-000-0091-00 1380 CRESTON ST PIATT ALAN 1380 CRESTON ST MUSKEGON Ml $265.00
24-4 75-000-0093-00 1354 CRESTON ST HAMMERLE CLINT F 1354 CRESTON ST MUSKEGON Ml $132.50
24-475-000-0094-00 1344 CRESTON ST BOLEMA LUMBER & SUPPLY 1230 E LAKETON AVE MUSKEGON Ml $132.50
24-475-000-0052-00 1301 EASTWOOD DR LANDINGHAM WILLIAM F ETUX 1301 EASTWOOD DR MUSKEGON Ml $530.00
24-475-000-0053-00 1321 EASTWOOD DR BLACKSHIRE KEITH 1321 EASTWOOD DR MUSKEGON Ml $530.00
24-475-000-0038-00 1360 EASTWOOD DR JOHNSON TROY C 1360 EASTWOOD DR - MUSKEGON Ml $397.50
24-475-000-0040-00 1334 EASTWOOD DR MOORE ROBERT R 1334 EASTWOOD DR MUSKEGON Ml $795.00
24-475-000-0044-00 1290 EASTWOOD DR WILLIAMS MARFAYE 1300 EASTWOOD DR MUSKEGON Ml $662.50
24-475-000-0002-00 1427 CALVIN AVE BURR CHARLENE 1427 CALVIN AVE MUSKEGON Ml $530.00
24-475-000-0006-00 1475 CALVIN AVE CHAPMAN AHMED J 1475 CALVIN AVE MUSKEGON Ml $530.00
24-350-000-0013-00 1391 MADISON ST CRUMMEL WARD H 1391 MADISON ST MUSKEGON Ml $1,478.70
24-680-000-0062-00 1318 CATHERINE AVE SMITH LEONA 1318 CATHERINE AVE MUSKEGON Ml $397.50
24-128-200-0006-00 1236 !SABELLA AVE MOORE JOHNNY 1236 E ISABELLAAVE MUSKEGON Ml $265.00
24-680-000-0023-00 1260 !SABELLA AVE TERRELL ESTHER 1260 E ISABELLAAVE MUSKEGON Ml $397.50
24-680-000-0013-00 1259 ADA AVE PICARD LAURA J 1259ADAAVE MUSKEGON Ml $397.50
24-680-000-0079-00 1036 BURTON RD PUTHOFF C RICHARD/SHARON 1400 LAKE SHORE CT MUSKEGON Ml $1,468.10
24-680-000-0003-00 1279 APPLE AVE BLOCKBUSTER VIDEO PO BOX8009 MCKINNEY TX $1,120.95
24-680-000-0009-00 1272 ADA AVE PECK BRUCE 1272ADAAVE MUSKEGON Ml $265.00
24-128-200-0009-00 1317 APPLE AVE PUTHOFF C RICHARD 13 HARTFORD AVE PO BOX 8 MUSKEGON Ml $2,831.75
24-750-000-0127-00 1306 HOWARD AVE MURDZIA ALLAN D 1306 HOWARD AVE MUSKEGON Ml $132.50
24-750-000-0113-00 1390 HOWARD AVE FERRIS RICHARD 1390 HOWARD AVE MUSKEGON Ml $132.50
24-750-000-0096-00 1300 LANGELAND AV FRANKLIN SHARRON B 1300 LANGELAND AVE MUSKEGON Ml $397.50
24-750-000-0088-00 1348 LANGELAND AV MCFAYDEN GEORGE/BRIMMER 1348 LANGELAND AVE MUSKEGON Ml $265.00
24-7 50-000-0085-00 1370 LANGELAND AV SORENSEN LOUIS/BETTY 1370 LANGELAND MUSKEGON Ml $132.50
24-750-000-0081-00 1325 CRESTON ST NGUYEN NGAT 1325 CRESTON ST MUSKEGON Ml $265.00
24-750-000-0079-00 1391 FRANCES AVE BREWER PAUL E/DEBBIE L 1391 FRANCES AVE MUSKEGON Ml $795.00
24-750-000-0057-00 1346 FRANCES AVE STINSON PATRICIA A 1346 FRANCES MUSKEGON Ml $530.00
24-750-000-0039-00 1337 CALVIN AVE LYNK PAMELA D 1337 CALVIN AVE MUSKEGON Ml $265.00
24-750-000-0014-00 1385 MCLAUGHLIN A MEADOWS LESLEY R 1385 MCLAUGHLIN AVE MUSKEGON Ml $265.00
24-750-000-0010-00 1361 MCLAUGHLIN A PHIPPS CHARON C REV TRUST 1361 MCLAUGHLIN AVE MUSKEGON Ml $132.50
24-350-000-0014-00 1405 MADISON ST CRAIN MATTHEW 0 1405 MADISON ST MUSKEGON Ml $1,380.65
REVISED 09 /18/02
PARCEL @
SPECIAL ASSESSMENT ROLL TOTAL
TAXPAYER
'24-225-000-0010-00 1354 !SABELLA AVE VANBEMMELEN JAMES A 1354 E ISABELLAAVE MUSKEGON Ml $397.50
24-226-000-0033-00 1395 APPLE AVE BESSINGER ROLAND H 15460 WISTERIA LN SPRING LAKE Ml $3,577.50
24-390-002-0023-00 1035 ROBERTS ST LALONDE LAURIE 1035 ROBERTS ST MUSKEGON Ml $265.00
24-390-002-0021-00 1051 ROBERTS ST HOFFMAN HERMAN 1051 ROBERTS ST MUSKEGON Ml $132.50
24-390-004-0004-00 1132 GREEN ST WEBB ALVIN/TRACIE 1132 GREEN ST MUSKEGON Ml $265.00
24-390-004-0002-00 1112 GREEN ST PATRICIO GREGORY J/TAMMY 1112 GREEN ST MUSKEGON Ml $132.50
24-685-010-0003-00 1200 CALVIN AVE SORENSON ORVILLE 1200 CALVIN AVE MUSKEGON Ml $132.50
24-390-001-0003-00 1111 APPLE AVE MATTHEWS CAROLYN 1111 E APPLE AVE MUSKEGON Ml $662.50
24-128-100-0003-00 1027 GREEN ST TOWNSEND REUBEN 1027 GREEN ST MUSKEGON Ml $132.50
24-128-100-0004-00 1049 GREEN ST SANDIFER OLLIE L 1049 GREEN ST MUSKEGON Ml $397.50
24-390-001-0017-00 1057 GREEN ST VANDERMOLEN HARRIET 1057 GREEN ST MUSKEGON Ml $132.50
24-390-001-0004-00 1030 OAKGROVEST BRATSBURG CORI/MITCHELL F 1030 OAKGROVE ST MUSKEGON Ml $450.50
24-390-001-0012-00 1086 OAKGROVEST HOLCOMB JUNE A 1086 OAKGROVE ST MUSKEGON Ml $405.45
24-250-000-0092-00 1086 ADA AVE HARKER PATRICK J 1086ADAAVE MUSKEGON Ml $132.50
24-250-000-0089-00 1068 ADA AVE SCOTT DOUGLAS L 1068ADAAVE MUSKEGON Ml $861.25
24-250-000-0086-00 1048 ADA AVE DREESE MONTE G/KENDRA 1048ADAAVE MUSKEGON Ml $530.00
24-250-000-0010-10 1024 MADISON ST FISHER DAVID/KATHY 1024 MADISON ST MUSKEGON Ml $198.75
24-250-000-0105-00 1025 ADA AVE PAIGE BETTY J/HARRY 1025ADAAVE MUSKEGON Ml $575.05
24-250-000-0103-00 1037 ADA AVE JOLMAN BRADLEY 1037 ADA AVE MUSKEGON Ml $466.40
24-250-000-0102-00 1043 ADA AVE ROGERS RICHARD D/MONIQUE 1043 ADA AVE MUSKEGON Ml $201.40
24-250-000-0100-00 1055 ADA AVE BAKER DANIEUSTEPHANIE 1055 ADA MUSKEGON Ml $251.75
24-250-000-0099-00 1059 ADA AVE LEE LYNELL U 1059ADAAVE MUSKEGON Ml $728.75
24-250-000-0098-00 1067 ADA AVE BOWMAN JOHN J/PUTNAM JUDI 1067 ADA AVE MUSKEGON Ml $265.00
24-250-000-0096-00 1081 ADA AVE SCAIFE CALVIN 3433 EVANSTON AVE MUSKEGON Ml $265.00
24-250-000-0094-00 1093 ADA AVE WALTON GWENDOLYN E 1093ADAAVE MUSKEGON Ml $397.50
24-250-000-0182-00· 1074 !SABELLA AVE HANNON MICHELLE 1074 E ISABELLAAVE MUSKEGON Ml $369.41
24-250-000-0174-00 1024 ISABELLAAVE WEVER JAMES E 1024 E ISABELLAAVE MUSKEGON Ml $265.00
24-250-000-0159-00 924 ISABELLAAVE WALLACE KAREN ET AL 1417WARNER WHITEHALL Ml $1,325.00
24-250-000-0161-00 936 ISABELLAAVE BROUGHMAN AARON J 936 E ISABELLAAVE MUSKEGON Ml $1,022.90
24-250-000-0163-00 950 ISABELLAAVE MACK RONALD JR 950 E ISABELLAAVE MUSKEGON Ml $230.55
24-250-000-0164-00 956 ISABELLAAVE WACKERLE MARC 4922 MCARTHUR RD MUSKEGON Ml $132.50
REVISED 09 /18/02
PARCEL @
SPECIAL ASSESSMENT ROLL TOTAL
TAXPAYER
"24-250-000-0167-00 972 !SABELLA AVE BRIDGES GREG 972 E !SABELLA AVE MUSKEGON Ml $151.05
24-250-000-0168-00 984 !SABELLA AVE GOODEN THERESA A 984 E !SABELLA AVE MUSKEGON Ml $265.00
24-250-000-0173-00 1008 !SABELLA AVE PASTOR CHAD 1008 E !SABELLA AVE MUSKEGON Ml $768.50
24-250-000-0122-00 913 ADA AVE KITCHEN MARK NDELPHINE E 913ADAAVE MUSKEGON Ml $795.00
24-250-000-0067-00 924 ADA AVE LANDACRE PAMELA 924ADAAVE MUSKEGON Ml $530.00
24-250-000-0068-00 930 ADA AVE JOHNSON JEREMIAH J 930ADAAVE MUSKEGON Ml $742.00
24-250-000-0069-00 934 ADA AVE POTTER MARIE E 934ADAAVE MUSKEGON Ml $636.00
24-250-000-0070-00 942 ADA AVE GENTER FAMILY LIVING TRUST 1915 FRANCIS AVE MUSKEGON Ml $1,049.40
24-250-000-0071-00 948 ADA AVE KILGORE LEONA M 948ADAAVE MUSKEGON Ml $397.50
24-250-000-0073-00 966 ADA AVE INGRAM SONYA L 966ADAAVE MUSKEGON Ml $132.50
24-250-000-0076-00 984 ADA AVE BECKER JOHN/DANETTE 984ADAAVE MUSKEGON Ml $1,802.00
24-250-000-0078-00 990 ADA AVE DODGE WILLIAM F 990ADAAVE MUSKEGON Ml $397.50
24-250-000-0029-00 941 APPLE AVE ZUZELSKI GREGORY A 941 EAPPLEAVE MUSKEGON Ml $817.06
24-250-000-0035-00 917 APPLE AVE SPANN SAMONE/BENN 917 E APPLE AVE MUSKEGON Ml $397.50
24-250-000-0035-10 1020 EASTGATEST ROMANELLI LARRY B 1020 EASTGATE ST MUSKEGON Ml $204.05
24-250-000-0038-00 897 APPLE AVE FRIES DONALD E 486 HILL AVE GLEN ELLYN IL $927.50
24-250-000-0134-00 829 ADA AVE DOUBLES GEORGE 1351 MARIANNE AVE MUSKEGON Ml $265.00
24-250-000-0132-00 839 ADA AVE !KENS Y/MEDENDORP S/BLAKE 318 HOUSTON AVE MUSKEGON Ml $132.50
24-250-000-0131-00 845 ADA AVE MEANS DANEE E 2109JARMAN MUSKEGON H Ml $132.50
24-250-000-0151-00 866 !SABELLA AVE BEENE EUGENE 866 E !SABELLA AVE MUSKEGON Ml $132.50
24-250-000-0149-00 852 !SABELLA AVE BRININSTOOL JERRY 1819 BELMONT DR MUSKEGON Ml $132.50
24-250-000-0146-00 834 !SABELLA AVE JACOBS PROPERTY INVESTME 1701 W SHERMAN BLVD STE MUSKEGON Ml $530.00
24-250-000-0143-00 1096 GETTY ST EVANS DARLENE 2116APPLEAVE. MUSKEGON Ml $795.00
24-250-000-0137-00 1072 GETTY ST STEINBACH JOHN/MARY 18364 174TH SPRING LAKE Ml $339.20
24-251-000-0200-00 843 !SABELLA AVE NESBITT BARBARA ANN 843 E !SABELLA AVE MUSKEGON Ml $397.50
24-251-000-0203-00 863 !SABELLA AVE WATKINS EWELUDELORES/MO 863 E !SABELLA AVE MUSKEGON Ml $265.00
24-251-000-0204-00 871 !SABELLA AVE WADE JAMES/MICHELLE 1337 SUMAC ST MUSKEGON Ml $662.50
24-251-000-0246-00 878 CATHERINE AVE MERRICK DOROTHY V 878 CATHERINE AVE MUSKEGON Ml $411.49
24-251-000-024 7-00 872 CATHERINE AVE BUCKNER DIAN L 872 CATHERINE AVE MUSKEGON Ml $259.70
24-251-000-0249-00 860 CATHERINE AVE SHAWWILLIAM D 860 CATHERINE AVE MUSKEGON Ml $1,007.00
24-251-000-0192-00 1122 GETTY ST VANDERMOLEN JAMES A REV 1122 GETTY ST MUSKEGON Ml $132.50
REVISED 09 /18/02
PARCEL @
SPECIAL ASSESSMENT ROLL TOTAL
TAXPAYER
I
"24-251-000-0213-00 937 !SABELLA AVE BLACK PAMELO J 1193 RANSOM ST MUSKEGON Ml $265.00 •
24-251-000-0214-00 943 !SABELLA AVE MARLOW JUANITA L 943 E !SABELLA AVE MUSKEGON Ml $397.50
24-251-000-0224-00 1007 ISABELLAAVE MITCHELL MARIA 1007 E ISABELLAAVE MUSKEGON Ml $397.50
24-251-000-0228-00 996 CATHERINE AVE MOORE JOHN K 996 CATHERINE AVE MUSKEGON Ml $132.50
24-251-000-0229-00 992 CATHERINE AVE HINTON ALAN LOUIS JR 992 CATHERINE AVE MUSKEGON Ml $371.00
24-251-000-0230-00 986 CATHERINE AVE WATERMAN NANCY E 986 CATHERINE AVE ·· MUSKEGON Ml $132.50
24-251-000-0233-00 972 CATHERINE AVE GALBERT BEN 972 CATHERINE AVE MUSKEGON Ml $662.50
24-251-000-0235-00 954 CATHERINE AVE JOHNSON SARAH/CLAUDIA 954 CATHERINE AVE MUSKEGON Ml $530.00
24-251-000-0238-00 936 CATHERINE AVE BARNES ERICA S 936 CATHERINE AVE MUSKEGON Ml $662.50
24-251-000-0239-00 930 CATHERINE AVE UNITED STATES OF AMERICA 1755 SOUTH MITCHELL ST CADILLAC Ml $132.50
24-160-000-0027-00 1180 GETTY ST PHILADELPHIA MISSIONARY BA 845 CATHERINE AVE MUSKEGON Ml $530.00
24-430-000-0001-00 915 CATHERINE AVE KNOLLINGER DONAJ 2701 HUIZENGA ST LOT 54 MUSKEGON Ml $397.50
24-430-000-0003-00 929 CATHERINE AVE GOINS AYLIA 929 CATHERINE AVE MUSKEGON Ml $132.50
24-430-000-0005-00 943 CATHERINE AVE VANHOESEN LAURA D 943 CATHERINE AVE MUSKEGON Ml $132.50
24-430-000-0006-00 951 CATHERINE AVE BARNES SHAWNDRA 951 CATHERINE AVE MUSKEGON Ml $795.00
24-430-000-0007-00 957 CATHERINE AVE REDDING CELIA A 2580 E ELLIS RD MUSKEGON Ml $132.50
24-430-000-0011-00 987 CATHERINE AVE FONGERS ROBERT 987 CATHERINE AVE MUSKEGON Ml $132.50
24-430-000-0012-00 995 CATHERINE AVE BUFFEY TIMOTHY J 995 CATHERINE AVE MUSKEGON Ml $265.00
24-430-000-0013-00 1001 CATHERINE AVE ESTEPP SHERYL 1001 CATHERINE AVE MUSKEGON Ml $132.50
24-430-000-0014-00 1011 CATHERINE AVE PERSONS GLEN/KELLY 1011 CATHERINE AVE MUSKEGON Ml $397.50
24-128-100-0013-00 984 EVANSTON AVE SCHUITEMA PETER F 984 EVANSTON AVE MUSKEGON Ml $132.50
24-190-005-0001-00 1200 MADISON ST LEWIS JOE 1200 MADISON ST MUSKEGON Ml $2,159.75
24-190-005-0004-00 1044 MCLAUGHLIN A ALDERINK MELINDA K 1044 MCLAUGHLIN AVE MUSKEGON Ml $365.70
24-190-005-0005-00 1050 MCLAUGHLIN A STONE REX/RHONDA 1050 MCLAUGHLIN AVE MUSKEGON Ml $132.50
24-128-100-0028-00 1212 OAKGROVEST MCMILLEN ANN M 1212 OAKGROVE ST MUSKEGON Ml $662.50
24-128-100-0031-00 1153 MCLAUGHLIN A MERCER GREG 1153 MCLAUGHLIN AVE MUSKEGON Ml $132.50
24-128-100-0041-00 1125 CALVIN AVE BOOKER SAMUEL JR 1125 CALVIN AVE MUSKEGON Ml $397.50
24-128-100-0043-00 1145 CALVIN AVE 0 CONNELL RICHARD 1145 CALVIN AVE MUSKEGON Ml $1,489.30
24-128-100-0044-00 1155 CALVIN AVE OLSEN WILLIAM JR 1155 CALVIN AVE MUSKEGON Ml $1,510.50
24-128-100-0045-00 1255 ROBERTS ST HUDSON HERMAN A 1255 ROBERTS ST MUSKEGON Ml $1,392.84
24-128-100-0051-00 1172 FRANCES AVE VEIHL SABRINA 1172 FRANCES AVE MUSKEGON Ml $5,013.80
REVISED 09 /18/02
GRAM FOR-2l>ll2-
SPECIAL ASSESSMENT ROLL TOTAL
PARCEL @
TAXPAYER
"24-128-100-004 7-00 1280 OAKGROVEST SOKOLOWSKI/BOLLES 1280 OAKGROVE ST MUSKEGON Ml $1,566.15
24-685-009-0018-00 1185 CALVIN AVE RAFFERTY STEVEN F/NANCY K 1185 CALVIN AVE MUSKEGON Ml $132.50
24-685-006-0016-00 1201 FRANCES AVE MEYERS CARRIE 1201 FRANCES AVE MUSKEGON Ml $132.50
24-685-006-0001-00 1188 LANGELAND AV BRASPENNING SUSIE M 1188 LANGELAND AVE MUSKEGON Ml $291.50
24-685-005-0002-00 1192 HOWARD AVE MCKINLEY JEANETTE 1192 HOWARD AVE MUSKEGON Ml $132.50
24-128-100-0066-00 1350 OAKGROVEST SHYNE JOHNA 1350 OAKGROVE ST - MUSKEGON Ml $1,987.50
24-190-004-0030-00 1027 MCLAUGHLIN A BANKERS TRUST CO OF CALIF 800 RIDGEVIEW DR 2ND FLR HORSHAM PA $530.00
24-190-004-0025-00 1059 MCLAUGHLIN A KRACHT JAMES E 1059 MCLAUGHLIN AVE MUSKEGON Ml $265.00
24-190-004-0020-00 1081 MCLAUGHLIN A RUUD CINDY 1081 MCLAUGHLIN AVE MUSKEGON Ml $662.50
24-190-004-0016-00 1111 MCLAUGHLIN A VEST RUSSELL JR 1111 MCLAUGHLIN MUSKEGON Ml $257.05
24-190-004-0014-00 1106 CALVIN AVE BOYLE SCOTT/AMANDA 1106CALVIN MUSKEGON Ml $84.80
24-190-003-0025-00 1051 CALVIN AVE JOHNSON GERALD R 1051 CALVIN AVE MUSKEGON Ml $222.60
24-190-002-0030-00 1320 MADISON ST HOPKINS JUSTINA 1320 MADISON ST MUSKEGON Ml $265.00
24-190-002-0008-00 1070 LANGELAND AV DEUELL MICHAEL 1306 CARDINAL CIRCLE N MUSKEGON Ml $132.50
24-190-002-0004-00 1052 LANGELAND AV STORDAHL GREGG M 1052 LANGELAND MUSKEGON Ml $132.50
24-190-001-0002-00 1096 EVANSTON AVE 2001 C/W 24-190-001-0001-00 PO BOX536 MUSKEGON Ml $2,816.95
24-680-000-0081-00 1301 APPLE BUNTYINC $3,204.60
24-128-200-0014-00 1387 APPLE TRIDONN DEVELOPMENT 1838 RUDDIMAN MUSKEGON Ml $4,531.50
REVISED 09 /18/02
PARCEL @
SPECIAL ASSESSMENT ROLL TOTAL
TAXPAYER
'24-685-004-0002-00 1254 HOWARD ARNOLDI JOHN/KATHY 1070 CADILLAC MUSKEGON Ml $530.00
GRAND TOTAL $154,929.85
BOARD OF ASSESSORS:
CUFF TURNER, COUNTY EQUALIZATION DATE
CLARA SHEPHERD, Gill COIVIIVIISSIONER DATE
ROBER I SCHVVEIFLER, Ci I T COIVIIVIISSIONER DATE
REVISED 09 /18/02
...-vcMENT--PROGRAM FOR 2002-
PARCEL
SPECIAL ASSESSMENT ROLL
@
TAXPAYER TOTAL
"24-685-004-0002-00 1254 HOWARD ARNOLDI JOHN/KATHY 1070 CADILLAC MUSKEGON Ml $530.00
GRAND TOTAL $154,929.85
BOARD OF ASSESSORS:
CUFF TURNER, COUNTY EQUALIZATION DATE
CLARA SHEPHERD, CITY COMMISSIONER DATE:
ROBERT SCHWEIFLER, CITY COMMISSIONER DATE
REVISED 09 /18/02
DATE: September 4, 2002
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director of Inspections
Re: Concurrence with the Housing Board of Appeals Notice & Order to
Demolish. Dangerous building case #02-017-Address: 1855 Manz.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 1855 Manz Is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.
Case # & Project Address: #02-017, 1855 Manz.
Location and ownership: This structure is located on Manz Street between
Laketon and Holbrook. It is owned by the Bank of New York.
Staff Correspondence: This property was fire damaged and had an inspection
4/4/02. An interior inspection was scheduled for 5/21/02, but no one was there to
let the inspectors inside. The HBA ordered the structure demolished 7/11/02.
The Notice and Order to repair or remove was issued 8/7/02.
Owner Contact: There has been no contact from the owner.
Financial Impact: The cost of demolition will be paid with CDBG funds.
Budget Action Required: None
Staff Recommendation: To concur with the Housing Board of Appeals
decision to demolish.
Estimated Cost of Repairs: $12,000
City Commission Recommendation: The Commission will consider this item
at it's meeting on Tuesday, September 24, 2002.
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•.
For The Inspection Department File #: 419683
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: State of Michigan
PROPERTY: . fassManz '
PARCELNO: 24-165-000-0014-00
nd
DESCRIPTION: Bolemas Grove sub div. Part ofBlk 2 RP Eastons 2 Sud
DivofPartofSec. 32 TlONR16WLot 14
FROM RECORDS OF TRANSNATION TITLE
LIBER: 1947
PAGE: 551
DATE OF DEED: November 22, 1996
GRANTOR NAME & ADDRESS: Geraldine Bodenberg and Charles
Bodenberg, wife and husband, 1855 Manz, Muskegon, Michigan 49442
GRANTEE NAME & ADDRESS:' Nathan A. Caszatt and Kristine J. Caszatt,
husband and wife, 1260 Ransom Apt. #2, Muskegon, Michigan 49442
LIENS OR MORTGAGES: 3022/218; 3055/935; 3319/776; 3387/848
TODAY'S DATE: April 17,2002
EFFECTIVE DATE: March 25, 2002 at 8:00 AM
~ CL ~L__
Abstracted by: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
TRANSNATION TITLE INSURANCE COMPANY
The above infonnation is to be used for reference purposes only and not to be relied upon as evidence of title and/or
encumbrances. Accordingly, said infonnation is furnished at a reduced rate, and the Company's liability shall in no event
exceed the amount paid for said information, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title Insurance Company.
·,vmfcr
- · · u,~,19i17rm551
~ Metropolitan Title Company - Warranty Deed .. StaEMlory
mu .,.. ?J.d7;7
~1 , lST;r, n,,
.
Form tA.l 1TAY.P 'nu
-~••~
'""r"-·• :,~
Kn0111 AU Pmons by These Presents: Th2t Ccr;tldinc Dodcnbcrg :md Ch:irlcs Dodcnbcrg, wife and hush.and
whose address is 1855 Manz, Muskegon, Michig3n <19442
Com•ey(s) and Warnmt(s) to Nathan A, Cruutt and Kristine J. C:uz.ttt, husb:md :i.nd wife
whmc address is 1260 R;inson Apt. 112, Muskegon, Michig;in 49442
the following described premises situ:itcd in tht: ~ity of Muskegon County 0£ Muskegon :i.nd Sbtc 0£ Michig2n, to-wit:
Lot 14, Dolem:i Gro,•c Subdivision of p:irt or Block 2 or R.P. E:uton's Subdivision or p:irt of Section 32, 3S recorded in
Uber 8 of Plats, Page 16 1 Muskegon County Rcc.ords,
More commonly known as: t 855 Manx Street
for the full consideration of: $1.00 ;\Jld other good and vnlunble considcr2tio11, Sec Real Estate Transfer V:tlu.1tion
Affidavit :ittached hereto, Please ;i(!ix revenue sbrnps :ifter recording.
: subject to: Building :-md use rcstric:tiom, rtlcn•:itions, and casements of record.
P~t~d this 2.2~d'"d,_y ~f November, 1996 ·
Signed and Sealed, ,
~,p_._: e ddu,k;t-iJ
Gernldinc Bodcnberg
~
Charles Bodcnbcrg
l'J#d
St.;,tc of· Michig:in
Coun~ of ¥uskegon
The foregoing inwumentwasacknowledged before me this 22nd d.iy or November, 1996 by Geraldine Bodcnbcrg :md
Cluirlcs Bodcnberg, ~ife and husband
ThcrWt L Root (Notary Public)
My commission expires: S~tcmber 8, 1998 Muskegon County, Michig:ut r~ : : : ;:
Drafted by: Re/Max of Mwkegon. Joe, Return to; Grnntec ~
::, .-:::, ~-
sso· W. Norton 1855 M;,.nz ~~ ~
Muskcgoll, Michlga.n 49444 Muskegon, Michigan 49442 r' £:~ , "
I
State TJ'llllsfer Tax:
County Transfer T1x:
: ' ~:,.
(
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1855 Manz (Fire Damaged)
4/15/01
Inspection noted:
l. Garage and SW section of home damaged by fire.
2. Front porch steps collapsed.
3. Rotting, missing siding on front porch.
4. Foundation wall of front porch has structural damage and section of foundation
wall is missing.
5. Broken out windows.
6. Roof covering in need of repair or replacement.
7. Roof rafters are damaged by fire.
8. Siding is damaged by fire.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
FALTINOWSKI, BUILDING INSPECTOR
F:\lnspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\1855
Manz.doc
CITY OF MUSKEGON
NOTICE FOR INTERIOR INSPECTION
DATE: April 16, 2002
Address of Property: 1855Manz
TO: Bank of New York, Mailstop SV35, Simi Valley. CA 93065
[Name & Address of Owner]
None
(Interested Parties)
The Inspection Services Department of the City of Muskegon has preliminarily
determined that the structures described above are dangerous, substandard, and
constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City.
We intend to inspect the interior of the building(s). Please be present to allow an
interior inspection of the above described properties on Tuesday, May 21, 2002 at
1:30 P.M. Failure to appear and allow the inspection will result in this office seeking
a search warrant to conduct the inspection.
CITY OF MUSKEGON INSPECTION SERVICES
• t B. Grabinski, Director of Inspections
(
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: July 1, 2002
Address of the Property: 1855 Manz
TO: Bank ofNew York, 10990 Wilshire Blvd. #1125, Los Angeles, CA 90024
[Name & Address of Owner]
None
Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, July 11, 2002, the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m.,
and at the said hear~ng consider whether or not the following structure should be determined to
be dangerous, substandard and a nuisance, and demolished, or repaired.
The reason for this hearing is to review your intentions for repairing this structure.
At the hearing on Thursday, July 11, 2002 , at 5:30 o'clock p.m., at the Muskegon City
Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant
evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire,
to show cause why the structure should not be allowed or ordered demolished.
CITY OF MUSKEGON INSPECTION DEPARTMENT,
01]'y~~LF OF fHI': HOUSING BOARD OF APPEALS
ns
F:~NSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGSISTANDARD FORMSINOTICE OF HBA HEARING.DOC
CITY OF MUSKEGON .
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
. Date: July 16, 2002
To: Bank of New York, 10990 Wilshire Blvd. #1125, Los Angeles, CA 90024
Owners Name & Address
None
Names & Addresses of Other Interested Parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, July 11, 2002 does hereby order that the following
structure(s) located at 1855 Manz Muskegon, Michigan, shall be demolished for the
reason that the said structure or structures are found, based upon the evidence before
the Board of Appeals, to be dangerous, substandard and a public nuisance.
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.
The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.
F:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be
presented to the City Commission of the City of Muskegon on the date and at a time to
be noticed to you by the Director of Inspections. You are hereby notified that you will
have an opportunity to appear before the said City Commission at that time and to
present any and all evidence or matters relevant to the issue of demolition or repair of
the said structures. This order of the Housing Board of Appeals is not final, but will
become final if and when the City Commission has considered the record and this
order, and has concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
obert B. Grabinski, Director of Inspections
F:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC
I IBA Minutes 7/02
#02-017 - 1855 Manz - Bank of New York, 10990 Wilshire Blvd. #1125, Los
Angeles, CA
No one was present to represent this property. Bob Grabinski stated this
structure is fire damaged and there has been no contact from the owner.
Staff Recommendation:. Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
Motion made by Jon Rolewicz, seconded by Jerry Bever, to support staff's
recommendation.
A roll cal vote was taken:
AYES NAYES: EXCUSED ABSENT:
Greg Borgman
Randy Mackie John Warner
Jerry Bever
Jon Rolewicz
Nick Kroes
Clara Shepherd
The motion carried.
d Business: Clara Shepherd commented she was glad to see rep ·
ine St. and she asked about the corner of Apple & Pine. Bob inski
stated ·ust received the bid quote from the demolition contra . His quote is
approx1ma another $20,000 to complete the demolitio cause of the shared
wall. Clara also plimented on the nice clean up Monroe after the
demolition. Mr. Grao ki encouraged the boar~~'flbers to take a drive down
Monroe from Nelson Sch east and noti e improvement. He stated 357
Monroe looks very good now.
New Business:
Clara stated she thinks th BA is doing a g ·ob at fighting blight. She is
putting information toget to the National Leagu f cities where she is a
representative who al ate some of the money for inf1
funds and she will ork with our director to fight blight.
10 of 10
Affinnatiw Action
23ln24-6703
FAX/722~1214
Assessor
23 l/7?4-6708
FAX/726-5181
Cemetery
231/724-6783
FAX1726-5617
Civil Sen-ice
231/724-6716
F AX/724--4405 West l\UcWgan's Shoreline City
Clerk
231/724-6705 August 7, 2002
FAX/724-4178
Comm. & Neigh,
Services
231/724-6717
FAX1726-2501 Bank of New York
Engineering 10990 Wilshire Blvd. #1125
231n24-6707
FAX1727-6904
Los Angeles, CA 90024
Finance
131/724-6713 Re: 1855 Manz, Muskegon, Ml
FAX/724-6768
Fire Dept. To Whom It May Concern:
231/724-6791
FAX/724-6985
Due to a procedural error within this office, a notice and order to repair or
Income Tax
231/714-6770 demolish was not issued to you on the subject property. Therefore, the meeting
FAX/724-6768 on August 13, 2002 before the City Commission has been cancelled. It will be
Info. Systems re-scheduled at a future date of which you will be notified. Please disregard the
231/724-6744
FAX1722-4301
previous notice of hearing dated August 6, 2002.
Leisure Service
231/724.6704 Attached is the Notice to repair or demolished.
FAX/724-1196
Manager's Office If you have any questions regarding this please call 231-724-6715.
2311724-6724
FAX1722-1214
Sincerely,
Mayor's Office
d
231/724-6701
FAX1722-1214
(Si, 'I' ,cu:_ ct.x::~ n,.;J.A_, ··
,;--.Sl
I nspectlon Services
2311724-6715 Lorraine Grabinski
,;' ' ~ ~ " ' ' ' ' ', 1:
: U.S. F!ostal Service · ·- ,
FAX1726-2501
Secretary/Inspection Dept. CERTIFIED MAIL RECEIPT . , . '- '
Plannlng/Zonlng ', (Domestic Mail Only; No inSur~nce,Coverage Provide~
231/724-6702
F AX/724-6790 r'l
Police Dept.
231/724-6750
~ L..J.."'---3--'0L-...:,.__~L::.l...r::=....c__l_r~s~-s=-~ld..!.~=-
FAX1722-5140
r'- Postage 1-$------1
..n
Public Works r'-
231/724-4100 rr- Certified Fee 1-------1
Postmark
FAX/722-4188 Return Receipt Fee
m 1----------'
l
{Endorsement Required)
r'l
Treasurer D Restricted Delivery Fee
231/724-6720 D (Endorsement Required) 1-------1
FAX1724-6768 Total Postage & Fees $
Water BIU!ng Dept.
23 l/724-fi718
~=-~~--======-------
ci -~---~111~;;,;;;v:l••asfi>:'.~'.'9'<!/o be compleled by ma//:,)....
F A.X/724-6768 Street, Apt. No.; or o Box N ·-(-
0
Water FUtntion •
D City, State, Z/Pr 4
231/724-4106 r'-
FAX/755-5290
PS Form 3800, Februa 2000 See Reverse for lnstructio
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: August 7, 2002
Address of the Property: 1855 Manz, Muskegon, Michigan
TO: Bank of New York, 10990 Wilshire Blvd. #1125, Los Angeles, CA 90024
[Name & Address of Owner]
None
(Interested Parties)
The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous. substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.
You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):
1. ~X_ _ _ Obtain the issuance of all permits required to accomplish the repair
of the structure defects listed in the attached schedule within
30 days of this notice. All repairs shall be accomplished within the
times set forth in the permits. All work must be physically
commenced within 30 days of the date of this notice.
2. --- Obtain the issuance of the appropriate permit for the demolition of
structures within 30 days, and accomplish the demolition thereof
within 60 days of this notice.
The conditions which cause the said structures to be dangerous, substandard
and a nuisance are listed in the attached schedule.
(
FAILURE TO COMPLY
After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
· relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.
SCHEDULE OF CONDITIONS
The following conditions are present at the structure at 1855 Manz, Muskegon,
Michigan, and cause said structure to be a dangerous or substandard building and a
public nuisance.
Please see the attached inspection report
\
Robert B. Grabinski, Director of Inspections
(
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: August 6, 2002
1855 Manz
(Address of Property)
TO: All owners and interested parties:
Bank of New York, 10990 Wilshire Blvd. #1125, Los Angeles, CA 90024
(Name of Owner)
None
(Other interested parties)
On July 11, 2002 the Muskegon Housing Board of Appeals made a determination that
the subject property is sub-standard, a public nuisance and a dangerous building under
the City Code and ordered that it be repaired or demolished.
The City Co111111issio11 "·ill hold a he,1ring on August 13, 2002. to consider the abo1·e clecision ol'
the Housing Board of Appeals. You m::iy appear at this hearing at 5:30 p.111. on Auuust 13. 'll)()' .
at the Muskegon City Hall. 933 Terrace Street. 1Vluskegon. Michigan. with counsel. if you cksire.
to present any revclcnt e,·idence and arguments concerning the decision to demolish the ::ibow
structures.
C[TY OF MUSKEGON INSPECTIONS DEPARTtvlENT.
~ E HOUSlNG BOARD OF APPEALS
~~~.
By_,_______________ ~
Rob ·t B. Grabinski. Director of Inspections
F:\INSPECTIONS\GRABINSKI LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC -
ffirmatlve Action
I 1/72-4-6703
"-
AX/722-1214 ( (
nessor
31/724-6708
Axn26-S181
'emeiery
'311724-6783
:.-\X/726-5617
.::Mt Ser.ice
:31/724-6716
.'AX/724-4405 West I\Ilchlgan's Shorellne City
.::lerk
!311724-6705
r'AX/724-4178
Comm. & Neigh. September 4, 2002
Services
231/724-6717
FAX/726--2501
Engineering
2311724-6707
FAX1727-6904
Bank of New York
10990 Wilshire Blvd. #1125
Finance
2311724-6713
Los Angeles, CA 90024
FAX/724-6768
Flre Dept. Re: 1855 Manz
2311724-6792
FAX/724-6985
To Whom It May Concern:
Income Tax
231/724-6770
FAX/724-6768 Due to an error on the previous notice, the hearing before the City Commission
Info, Systems
has been rescheduled for September 24, 2002.
231/724-6744
FAX/721-4301
The attached notice of hearing contains the information regarding the date and
Leisure Senice time of the meeting. If you have any questions please call 231-724-6715.
231/724-6704
FAX/724-1196
Manager's Office Inspection Dept.
231/724-6724 City of Muskegon
FAX/722-1214
~layor's Office
231/724--6701
FAX/722-1214
Inspection Services
231/72-i-6715
FAX/726-2501
P\annlng/Zonlng
2311724-6702
FAX1724-6790
Police Dept.
231/724-6750
FAX1722-5140
Public Works
231/724--4100
FAX/722-4188
Treasurer
231/724-6720
FAX/724-6768
Water Bllllng Dept,
231/724-6718
FAX1724-6768
Water Filtration
2311724-4106
FAxnSS-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: September 4, 2002
1855 Manz
(Address of Property)
TO: All owners and interested parties:
Bank of New York. 10990 Wilshire Blvd. #1125, Los Angeles. CA 90024
None
(Other interested parties)
On July 11, 2002 the Muskegon Housing Board of Appeals made a determination that
the subject property is sub-standard, a public nuisance and a dangerous building under
the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on September 24, 2002, to consider the above
decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on
September 24, 2002 , at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with
counsel, if you desire, to present any revelent evidence and arguments concerning the decision to
demolish the above structures.
F~a:r~Om~S
CITY OF MUSKEGON INSPECTIONS DEPARTMENT,
1
Ry
RobertB. Grabinski, Director of Inspections
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC
..--~..----··
DATE: September 4, 2002
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director of Inspections
Re: Concurrence with the Housing Board of Appeals Notice & Order to
Demolish. Dangerous building case #02-012-Address: 215 W.
Grand.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 215 W. Grand Is unsafe, substandard, a public nuisance and that it
be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.
Case# & Project Address: #02-012, 215 W. Grand
Location and ownership: This structure is located on W. Grand between Fifth
and Sixth Streets. It was owned by Dwight Taylor/Renetta McClanhanan, but is
in the process of being taken back by Homecomings Financial Services.
Staff Correspondence: This property was fire damaged and had an inspection
4/1 /02. It had been rented out previous with no Certificate of Compliance. An
interior inspection was conducted on 4/15/02 with the property manager. The
HBA ordered the structure demolished 7/11/02. The Notice and Order to repair or
remove was issued 8/7/02.
Owner Contact: There has been no contact from the owner. On 8/6/02 there was
notification that Homecomings Financial Network was in the process of taking the
property back.
Financial Impact: The cost of demolition will be paid with CDBG funds.
Budget Action Required: None
Staff Recommendation: To concur with the Housing Board of Appeals
decision to demolish.
Estimated Cost of Repairs: $12,000
City Commission Recommendation: The Commission will consider this item
at it's meeting on Tuesday, September 24, 2002.
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For The Inspection Dept. 419553
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER Dwight Taylor
PROPERTY 215 W. Grand
PLATE# 24-205-420-0022-00
DESCRIPTION Lot 22 Block 420 , City of Muskegon
FROM RECORDS OF TRANSNATION TITLE COMPANY
LIBER: 3093
PAGE: 912
DATE OF DEED: September 19, 2000
GRANTOR NAME & ADDRESS: Dwight Taylor and Renetta McClanhanan-
Taylor, husband and wife, 215 W. Grand, Muskegon, MI 49441
GRANTEE NAME & ADDRESS: Dwight Taylor and Renetta McClanhanan-
Taylor, husband and wife, 215 W. Grand, Muskegon, MI 49441
LIENS OR MORTGAGES: 3093-914, 3184-551
TODAY'S DATE: April 5, 2002
EFFECTIVE DATE: March 12, 2002 at 8:00 AM
ABSTRACTED BY: /~
/~c
TRANSNATION TITL=E-'coI~N~S~U~RAN-cc=~cE=-~co~M==-PAN-cc=Y=---------='------
The above information is to be used for reference purposes only and
not to be relied upon as evidence of the title and/or encumbrances.
Accordingly, said information is furnished at a reduced rate, and
the Company's liability shall in no event exceed the amount paid for
said information, should evidence of title and/or encumbrances be
desired, application for title insurance should be placed with
Transnation Title Insurance Company.
0?.) ,
SiAli: OF MlC1!\GAN
COUtlTY OF MUS,EGCN
HcCEIVED FOR RECORD
1mi acr-s AH 9: q3
QUIT CLAIM DEED
!fl Mctropolitu:1 Title Company (For Plat/Condominium) Statutory Form
Know All Penons by These Presems:That Dwight Taylor aod ltencttaMcClaohaoao-Taylor, husband and wife
whose address is 215 W. Grand,. Muskegon, Ml 49441
Quit Cloim(s) to Dwight Taylor aod Renetta McClanhaoan-Taylor, husband and wife
whose address is 215 W. Grand, Muskegon, Ml 49441
the following described premises situated in the City of Muskegon County of Muskegon and State of
Michigan, to-wit:
Lot 22, Block 420 of the Revised Plat (of 190}) of the City of Muskegon, :u:oording to the recorded plat
thereof in Uber 3 of Plats, on Page 71, Muskegon County Ro:x,rds.
More commonly known as: 215 West Grand Avenue
For the full consideration of: Exempt fro01 State Transfer True under MCL 207.526 (I ). Exempt fro01
County Transfer Tax under MCL 207.505 (I).
Dated this: 19th day of Scptm>ber, 2000
(S« Attached far Signa..,.es)
Dr>fted by: Rttumto: S=d Tax Bill, to:
Dwight Taylor Dwight Taylor
Assisted by: Metropolitan 'I'itlc Co. 215 W. Grand
215 W. Grand Muskegon, MI 4944 \
Muskegon, MI 4944 t
Recording F~ State Transfer Tax:
Fite Number: M191220E County Transfer l'a,c
Tax Parcel No.: 61-24-205-420.0022..00
.. -
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'tlathe Action
24-6'703
721-1214
;sor
'14--6708
'716-5181
,,..m
:tel")'
'116-5617
Service
724-6716
nl4440S West Mkblgan'B Shoreline Oty
k
124-670S
March 28, 2002
nl4-4178
m. & Neigh, RE: 215 W. Grand
:ervkes
724-6717
nl6-2S01
neerlng
To Whom it may Concern:
724-6707
.nl7-6904
A review of the records at the City of Muskegon Inspection Services Department
"" has revealed that the property at 215 W. Grand in the City of Muskegon does not have a
724-6713
fl24-6768 current Certificate of Compliance. This property has never had a valid rental certificate
Depl,
with the current owner, Dwight Taylor and Renetta MCCianahan of215 W. Grand,
724-6792 Muskegon,MI49441
:n24-698S
,me Tax Occupancy of the premises without certification is a violation of the City's Property
724-6710
•
:nl -6768 Maintenance Code.
. S)'llems
724-6744 Any questions regarding this matter should be directed to my attention at (231) 724-6757.
:n22-4301
ure Service Sincerely,
724-6704
U,24-1196
1ager's Office
'724-6724
(1722-1214
Lorraine Grabinski
,·or's Office Department Secretary
724-6701
(1722-1214 City of Muskegon, Inspection Services Dept.
Jectlon Services
r724-67)5
'v72~2501
LG/mn
rmlng/Zonlng
1724-6702
xnl4-6790
ice Dept,
.n24-67SO
'<nll-5140
1JUc Works
n24-4100
'<1722-4188
asurer
1724-6720
Xf724-6768
.;fer Blllln& Dept.
1714-6718
.'<1714-6768
·ter Flltntlon
,n24-4106
xnss-s290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
215 ,v. Grand Ave.
Fire Damaged
4/1/02
Inspection noted:
1. An interior inspection is required by all trade inspectors (plumbing, mechanical,
electrical and building) before any pennits or certificates of occupancy will be
issued.
2. Foundation wall on porch has no sill plate for proper rim and joist connections.
3. Back porch has burnt columns, rafters, sheathing, fascia, decking, and roofing.
Porch has to be rebuilt to code.
4. Back steps cracked dangerous, trip hazard.
5. Roof covering on home installed improperly. Shingles on home are incomplete,
rotting on entire home, incorrect flashing on roof system.
6. Rotted, missing fascia on home.
7. Chimney stack is deteriorating, needs structural repair and must be certified safe.
8. Window frames are rotting and in need of repair or replacement.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
I -
' '
FALTINOWSKI, BUILDING INSPECTOR
F:\Inspections\Grabinski_ Lorraine\ Word\DANGEROUS BUILDING INSPECTION REPORTS\215 W.
Grand.doc
\
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
4/15/02
215 W. Grand
(INTERIOR INSPECTION)
Inspection noted:
I. Chimney needs repair.
2. Plumbing waste and vent needs repair.
3. No visible chimney liner.
4. Smoke detectors required.
5. Replace incomplete light fixtures.
6. Replace missing outlet and switch covers.
7. Remove exposed Romex.
8. Basement needs proper handrail/guardrails on stairs.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
~- .)(,, --0 ;}-
F TINOWSKI, BUILDING INSPECTOR DA TE
F:\lnspections\Grabinski_ Lorraine\Word\DANGEROUS BUILDING INSPECTION
REPORTS\STANDARD FORMS\215 W. Grand.doc
')
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: July I, 2002
Address of the Property: 215 W. Grand
TO: Dwight Taylor/Renetta McClanhanan, 1845 Kinsey. Muskegon, MI 49441
[Name & Address of Owner]
Mike Anderson. 6095 28 th St. SE. Grand Rapids. MI 49546
Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, July 11, 2002, the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m.,
and at the said hearing consider whether or not the following structure should be determined to
be dangerous, substandard and a nuisance, and demolished, or repaired.
The reason for this hearing is to review your intentions for repairing this structure.
At the hearing on Thursday, July I I, 2002 , at 5:30 o'clock p.m., at the Muskegon City
Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant
evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire,
to show cause why the structure should not be allowed or ordered demolished.
~N ~~ll!.RD
CJ.IX OF MUSKEGON INSPECTION DEPARTMENT,
OF APPEALS
obert B. Grabinski, Director oflnspections
F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: July 16, 2002
To: Dwight Taylor/Tenetta McClanhanan, 1845 Kinsey, Muskegon, Ml 49441
Owners Name & Address
th
Mike Anderson, 6095 28 St. SE, Grand Rapids, Ml 49546
Names & Addresses of Other Interested Parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, July 11, 2002 does hereby order that the following
structure(s) located at 215 W. Grand Muskegon, Michigan, shall be demolished for the
reason that the said structure or structures are found, based upon the evidence before
the Board of Appeals, to be dangerous, substandard and a public nuisance.
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.
The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.
F:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be
presented to the City Commission of the City of Muskegon on the date and at a time to
be noticed to you by the Director of Inspections. You are hereby notified that you will
have an opportunity to appear before the said City Commission at that time and to
present any and all evidence or matters relevant to the issue of demolition or repair of
the said structures. This order of the Housing Board of Appeals is not final, but will
become final if and when the City Commission has considered the record and this
order, and has concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
obert B. Grabinski, Director of Inspections
F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
I IE3A Minutes 7102
#02-012- 215 W. Grand - Dwight Taylor/Renetta McClanhanan -1845
Kinsey, Muskegon
The owners were not present to represent this property. Mr. Grabinski gave a
history of this case. There was a fire in April. An interior inspection was
conducted with the apartment manager (4/15/02). There has been no contact
with the owner since then.
Staff Recommendation:. Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
Motion made by Jon Rolewicz, seconded by Clara Shepherd, to support staff's
recommendation.
A roll cal vote was taken:
AYES NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie John Warner
Jerry Bever
Jon Rolewicz
Nick Kroes
Clara Shepherd
The motion carried.
#02-019 -1526 Terrace - Matthew Goodno, 1526 Terrace
dno was present to represent this property. Bob Gr · ski gave a history
of this ca It came to us because of the boarded win s on the front of the
property. The ner did contact the office. He sai e boards were on the
windows because keep breaking them ou n interior inspection was
conducted 5/16/02. Mr. odno stated hi use has been broken into 3 times
in 2 weeks and that why boar ows. He stated he lives downstairs
and doesn't rent the upstairs out
the boards off since contact wit
his intentions with the repai . Mr. ted his only problem is with the
roof. It doesn't leak and doesn't have the m
to comply with code. ly correct everything
except the roof in onths. The roof is a financial issu ·th him. He has done
nts to the house.
mmendation:. Grant 90 days to complete repairs. If signi 1
pro ss has been made, more time would be granted. If not, it will be broug
k to the board with a recommendation to declare.
8 or 10
NOTICE OF RESOLUTION
DANGEROUS BUILDING PROCEEDING
TO ALL INTERESTED PARTIES:
TAKE NOTICE that the Housing Board of Appeals for the City of Muskegon has determined
that the building located on the following described property constitutes a dangerous building
and has recommended to the City Commission that it shall be demolished. If demolished, the
cost incurred by the City of Muskegon for demolition shall become a lien on this property. The
determination was made by the Housing Board of Appeals on July 11, 2002. The property is
described as follows:
* Lot 22 Block 420
Also known as: 215 W. Grand
Any person interested in the property should consult with the Office of the City Clerk for the
City of Muskegon for further information.
Witnesses:
Toa..u)
rrz.o...,.,~
a..u...t::£1l>D~t
l!a..,~-<-6 ~--pi o...t-/:;;
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this c{lf;,1 day of .::Tujy, 2002 by
Gail A. Kundinger, Clerk respectively, for and on behalf of the City of Muskegon.
~:& ~- ~L
.t,-.,,-,;• .s./i11t-~, Notary Public
Muskegon County, Michigan
My commission expires: 7-o,;,<S""'-02
Prepared By & Upon Recording Return To:
John C. Schrier, Parmenter O'Toole
175 W. Apple Ave., P.O. Box 786
Muskegon, Ml 49443-0786
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DA TE: August 6, 2002
215 W. Grand
(Address of Property)
TO: All owners and interested parties:
Homecomings Financial 32300 Northwest Hwy.#115, Farmington Hills, Ml
48334
(Name of Owner)
Dwight Taylor/Renetta McClanhanan, 1845 Kinsey, Muskegon, Ml 49441
(Other interested parties)
None
On July 11, 2002 the Muskegon Housing Board of Appeals made a determination that
the subject property is sub-standard, a public nuisance and a dangerous building under
the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on August 13, 2002, to consider the above decision of
the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on August 13, 2002.
at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire,
to present any revelent evidence and arguments concerning the decision to demolish the above
structures.
CITY OF MUSKEGON INSPECTIONS DEPARTMENT.
FO . '. HOUSING BOARD OF APPEALS
!M~~.
By_ _,,__ _ _ _ _ _ _ _ _ _ _ _ _ __
Rober 'B. Grabinski, Director of Inspections
F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC
\ffirmatlve Action
Dl/724--6703
FAX/~ (
.\ssessor
23Jn24-07os
FAxn26-5181
Cemetery
2311724--6783
FAxn26-5617
Chi! Service
231/724--6716
FAX/724-4405 West !1-Hchlgan's Shoreline City
Clerk
231/724-6705
FAX/724-4178
Comm. & Neigh. September 4, 2002
Services
231/724-6717
FAX/726-2501
Engineering
231/724-6707
FAX1127--6904
Homecomings Financial
32300 Northwest Hwy. #115
Finance
231/724--6713 Farmington Hills, Ml 48334
F AX/724-6768
Fire Dept. Re: 215 W. Grand
231/724-0792
F AX/724-6985
To Whom It May Concern:
Income Tax
231/724-6770
FAX/724-6768 Due to an error on the previous notice, the hearing before the City Commission
Info, Systems has been rescheduled for September 24, 2002.
231/724-6744
FAX1722-4301
The attached notice of hearing contains the information regarding the date and
Leisure Service
231/724-6704 time of the meeting. If you have any questions please call 231-724-6715.
FA.'<1724-1196
Manager's Office Inspection Dept.
231/724-6724
FAX/722-1214
City of Muskegon
Mayor's Office
231/724--6701
FAX/722-1214
Inspection Sen·lces
231/724-6715
FAX/726-2501
Planning/Zoning
2]1/724--6702
FAX/724-6790
Police Dept.
2J 1/724-6750
FAX/722-5140
Public Works
231/724-4100
FAX/722-4188
Treasurer
231/724-6720
FAX/724--6768
Water Bllllng Dept.
231/724--6718
FAX/724--6768
Water Filtration
2Jl/724--4I06
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
\ffirmatlve Action
!31/724-6703
FAxn22-1214
(
\ssess~
231/724--6708
FAX/726..5181
Cemetery
231/724--6783
FAX/726..5617
Chi! Senice
231/724-6716
FAXn24-4405 West MlcWgan's Shoreline Clty
Clerk
231/724-6705
FAX1724-4178
Comm. & Neigh, September 4, 2002
Services
231n24-6111
FAX/726-2501
Engineering
231/724-f,707
FAX1727-6904
Dwight & Renetta Taylor
3236 Ninth
Finance
231/724-6713 Muskegon, Ml 49444
FAX/724-6768
Fire Dept, Re: 215 W. Grand
231/724-6792
FAX/724-6985
To Whom It May Concern:
Income Tax
23 l/724-6770
FAX/724-6768 Due to an error on the previous notice, the hearing before the City Commission
Info. Systems has been rescheduled for September 24, 2002.
231/724-6744
FAxn22-4301
The attached notice of hearing contains the information regarding the date and
Leisure Service
231/724-6704 time of the meeting. If you have any questions please call 231-724-6715.
FAX/724-1196
Manager's Office Inspection Dept.
231/724-6724 City of Muskegon
FAX/722-1214
Mayor's Office
231/724-6701
FAX1722-1214
Inspection Services
231/724-6715
FAX/726..2501
Pllmnlng/Zonlng
231/724-6702
FAX/724-6790
Police Dept.
231/724-6750
FAX/722-5140
Public Works
231/724-4100
FAX/722-4188
Treasurer
231/724-6720
FAX1724-6768
Water Billing Dept,
231/724-6718
FAX1724-6768
Water Filtration
231/724-4106
f AX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
(
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: September 4, 2002
215 W. Grand
(Address of Property)
TO: All owners and interested parties:
Homecomings Financial, 32300 Northwest Hwy. #115, Farmington Hills, Ml
48334
Dwight & Renetta Taylor, 3236 Ninth, Muskegon, Ml 49444
(Other interested parties)
On July 11, 2002 the Muskegon Housing Board of Appeals made a determination that
the subject property is sub-standard, a public nuisance and a dangerous building under
the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on September 24, 2002, to consider the above
decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on
September 24. 200? , at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with
counsel, if you desire, to present any revelent evidence and arguments concerning the decision to
demolish the above structures.
FO~u:I~fil,S
CITY OF MUSKEGON INSPECTIONS DEPARTMENT,
By~--1--------------~
Robert . Grabinski, Director oflnspections
O:\INSPECTIONS\GRABINSKI LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC -
2\S W. braf\rJ /
/
_..----------"" "
Staff Report on Renaissance Zones
Thursday, September 19, 2002
Seaway Industrial Park
This proposed expansion of the Whittaker Electric Subzone entails the designating of
both City owned and privately owned lots. In order to extend this subzone to include the
Seaway Industrial Park, the Cemetery adjacent to the zone will need to be included. The
property owned by Ernie's Car Lot has also been included in this request in order to
accommodate future development of that primary corner, whether or not Grooter's
Development Corporation is involved.
Michigan EDC staff has informed the City that they are recommending approval of this
extension of the existing sub-zone with the contingency that there is a signed
development agreement with the Grooters Development Cmporation. While there is not a
signed development agreement at this time, staff is still recommending that the City
Commission approve the resolution to expand the Whittaker Electric Sub zone.
A map of the proposed expansion is attached.
Shaw Walker
This new Renaissance Zone will be created to assist in the redevelopment of the former
Shaw Walker building, into market rate housing. The owners have agreed to an initial
investment of $3 million. Staff is recommending that the portion currently occupied by
the Knoll Group, as well as the parking lot across Division Street also be included. Once
the first phase of housing is developed, the continuation of an industrial use on the site
will not be conducive to a residential use. Without Renaissance Zone designation, the
owners of the Shaw Walker building may feel the need to try to retain the Knoll Group as
paying tenants. Therefore, it is hoped that providing Renaissance Zone status to the
portion occupied by Knoll will encourage redevelopment. The owners of the Shaw
Walker building have agreed to pay a $5,000 assessment until such time as the pmtion
occupied by the Knoll group is either redeveloped or demolished.
Michigan EDC staff has told the City that they are recommending approval based on a
signed development agreement with the owners of the Shaw Walker building. City staff
recommends approval of this Renaissance Zone.
A map of the new proposed Shaw Walker Renaissance Zone is attached.
Cordova Chemical Site
This proposed new Renaissance Zone involves the innovative use of a P.A. 425
agreement to transfer jurisdiction of the former Cordova Chemical site from Dalton
Township to the City of Muskegon. In a separate agreement, the owner of the property,
Muskegon County, agrees to seek development of the site into an industrial park.
This arrangement results in a winning situation for all the involved parties. The County
gets a great incentive, Renaissance Zone status, with which to market a piece of property
that otherwise would have very little opportunity for redevelopment. The City and Dalton
Township share in any future income tax generated from future employment at the site,
and the City gets 210 acres for industrial development for the next 50 years.
Michigan EDC staff has recommended that this Renaissance Zone be approved on the
condition that there is a signed 425 agreement between Dalton Township and the City of
Muskegon.
City staff recommends approval of this Renaissance Zone.
Maps of the site are attached.
Muskegon Mall
The proposed designation of the Mall also involves an innovative partnership
arrangement. The Downtown Development Corporation, consisting of representatives of
the Muskegon Area Chamber of Commerce, the Muskegon Area Community Foundation,
and the Paul C. Johnson Foundation cunently owns the Mall property.
Michigan EDC staff has informed the City that it is recommending approval of the Mall
Renaissance Zone under the condition that both the Morris Street lots and the Medical
Arts building be removed from the application. At this time the Archimedes Group has
withdrawn their request to include the Morris Street lots. However, Archimedes-Medical
Arts LLC has not withdrawn their request to include the Medical Arts building in the
Renaissance Zone.
Michigan EDC staff opinion was that if the Mall is redeveloped, all the adjacent property
owners will benefit, and the singling out of one or two adjacent parcels to be added does
not appear to have much merit.
City staff is recommending that the Mall be designated as a Renaissance Zone, but that
the Medical Arts building be excluded as to not jeopardize the entire designation.
A map of the proposed Muskegon Mall Renaissance Zone is attached.
Mart Dock
There have been a number of recent changes to the Mart Dock's proposal for Renaissance
Zone status. One change is that the Mart Dock representatives have requested that a
portion of the property be excluded from the Renaissance Zone. This request was due to
concerns raised about the competitive advantage the Mart Dock would have over other
local firms in the storage and warehousing markets. With the removal of the main
storage buildings and associated land from the Renaissance Zone, the Mart Dock would
not have a competitive advantage over local competitors in these fields.
Secondly, the Matt Dock has agreed to more specific timelines and locations for
investments. These include the redevelopment of the five story brick building and the
adjacent one story brick building.
Alternatively the investments could be made toward items related to "city investments"
meaning the cross-lake ferry.
Also included as an attachment ids a letter from Gibbs Planning Group which outlines
their preliminary findings.
Michigan EDC staff has recommended approval of this Renaissance Zone under the
condition that there is a signed development agreement.
Staff recommendation is to approve the Renaissance Zone expansion to include the Matt
Dock.
Proposed Mall Renaissance Zone
Including Medical Arts building
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GIBBS
PLANNING
GROUP
17 September, 2002
Mr. Joel Fitzpatrick
Business Development Specialist
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon, Michigan 49433-0536
RE: Muskegon Downtown Waterfront
Preliminary Market Analysis
Dear Mr. Fitzpatrick:
I am pleased to outline the preliminary findings of our market research for your downtown
waterfront redevelopment study area. These findings are based upon: Interviews with local
stakeholders, residents, city staff and business owners, a preliminary supply-demand analysis
of existing retail, commercial and residential product conducted by Gibbs Planning Group,
Inc.(GPG), and U.S. census data collection and inventory.
1. Trade Area: The greater Muskegon commercial market has a large trade area
reaching north about 45 miles, and south about 30 miles. However, our study
finds that the Muskegon waterfront and Mart Dock site are likely to have a more
local primary trade area approximately equal to the City limits and a total trade
area reaching up to 15 miles (see attached maps). Accounting for 50% of the
total projected sales, the primary trade area has a population of 90,000 persons,
and 35,000 households. Residents living in the primary trade area have a wide
range of incomes, but the average per-person income of$17,800 and a median
household income of $32,100 is significantly below the MSA and County. The
entire potential trade area has about 153,600 residents and roughly 57,900
households, with a per capita income of $19,000 and a median household income
of$37,600 (equal to the County incomes).
Although residents living in the trade area have modest incomes, when combined
with Muskegon's existing office, visitor and tourist's dollars, there is an
increased amount of potential purchasing power. The proposed Milwaukee-
Muskegon Car Ferry and Navy Ship Museum would also contribute to higher
commercial sales, stabilizing business operations.
148 Pierce Street, Birmingham, Michigan 48009
TRADITIONAL TOWN PLANNING LANDSCAPE ARCHITECTURE
Tel. 248.642.4800 Fax. 248.642.5758
Page2
September /2, 2002
Muskegon
GPG
2. Residential Market: Similar to much of the upper mid-west, the greater
Muskegon housing market continues to build at a moderate but steady pace.
Newer waterfront construction has attracted buyers from outside of the
Muskegon area, including commuters to Grand Rapids. Housing and rental rates
for older dwellings remains modest and below market value, while rates for new
waterfront construction continue to keep pace with the market. The new Amazon
loft apartments have indenfied a pent-up demand for unique urban multifamily
product.
To date, this study concludes that the waterfront study site can support up to 150-
175 quality medium to high-density residential dwellings, if built as part of an
exciting and successful mixed-use center. It is anticipated that these units would
sell above new suburban market rates. These residential dwellings should offer:
• Direct waterfront or village views, have an "edgy" historical-edgy
character (raw materials, high ceilings, large windows, exposed structure,
commercial grade kitchens and baths, etc.).
• Be part of a well planned, walkable new-urban type of development, that
includes: restaurants, grocery, and neighborhood services.
• Have easy and safe access to downtown Muskegon.
• Include a balance of rental and for sale dwellings.
• Be built of the highest construction and design.
• Offer a range of 1-3 bedrooms, garage parldng and above market kitchens
and baths.
• Include parks and reasonable access to boat docking facilities.
• Be removed from active industrial activities.
3. Retail-Office: This study concludes that the Muskegon waterfront study area can
support up to 70,000 square feet of a mixed retail and restaurants that will service
the sun-ounding neighborhoods, downtown visitor and office traffic, new Navy
museum and ferry traffic, and any new waterfront residential construction.
Please find below a summary of GPO' s retail forecast to-date:
• 5,000 sq. ft. Neighborhood Service Retail: personal care such as salons and
barbers, convenience services like one-hour photo developing and
drycleaners, plus carry out deli and sandwich shop.
• 7,000 sq. ft. of Specialty Apparel: particularly family and women's apparel
basics.
2
Page 3
September 12, 2002
,Wuskegon
GPG
• 15,000 sq. ft. Grocery: offering full-line groceries (including fresh produce,
meat and dairy), a 2,000 sq. ft. pharmacy, health and beauty aids, liquor, etc.
This could also be developed as a Public Market, offering year round 7-day
quality food vendors (meat, poultry, fish, vegetables, cheeses and specialty
foods).
0 8,000 sq. ft. Quality Restaurant: offering a waterfront view and carrying a
liquor license.
'" 5,000 sq. ft. Sportmg Goods: offering fishing, camping, waterfront sporting
goods and seasonal apparel.
e 15,000 sq. ft. Gifts &. Specialty Retail: offering cards, gifts, local specialty
foods, crafts, jewelry and general merchandise / variety goods.
• 9,000 sq. ft. Services: including financial services, travel, real estate,
insurance, etc.
• 6,000 sq. ft. Small Business S111pport: including computer and software
supplies, general office supplies, printing and copying services, and books.
4. Implementation: Given that the study area can support the above new
development, why has the private sector not developed the supportable new
housing and commercial? Real estate development is one of the most risky
methods of obtaining a market rate of return on an investment of capital. The
western Michigan region has an abundant amount of inexpensive, improved land
that can be developed with significantly less risk than the Mart Dock study site.
In addition, the recent closure of the Muskegon Mall, and the relative lack of
comparison new development in the downtown area raises red flags for
developers and lenders. The downtown Muskegon waterfront represents a
typical Mid-western urban dilemma: A large private sector market demand, but
no supply of suitable product or developer willing to take the risk.
It has been GPG' s experience with similar urban locations that the perceived
higher risk of building residential and commercial product in an urban vs.
suburban location must be shared with the public sector. Unfortunately, the
playing field is tilted towards relatively inexpensive suburban land, and the
public sector is needed to level the risk. However, the risk and burden of urban
development will be reduced with each successful phase and development. The
public need not (and should not) carry the entire risk.
3
Page4
September 12, 2002
ivfuskegon
GPG
It is GPG's understanding that a Renaissance tax free zone is presently being
considered for the Mart Dock site. Although GPG is not fully aware of the
details of the Renaissance Zone proposal, it is our finding that some type of
public-private risk sharing is essential for the private sector and lending
institutions to begin the first phases of the above project.
Thank you again for your consideration and I look forward to presenting our final
conclusions in the near future.
Sincerely,
GIBBS PLANNING GROUP, INC.
Robert J. Gibbs, ASLA
President
rgibbs@gibbsplanning.com
4
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O Total Trade Area (70%)
: Census Places, 1998
I [] 1990 Census Tracts
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09/16/02
Muskegon, Ml (Big-Box Retail) Gibbs Planning Group, Inc.
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i @ Mart Dock
i\ @ Sherman Center
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o Walgreens, RiteAid, etc.
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09/16/02
. . . . . -
. ' .... · ' . ·. - . . .
•Date:·· Septernl>er.24; 2002 ..
To: . . Honorable Mayor and City Cornmissioners .
. From: . Planning & Economic Develop~ent .....
RE: .· Renaissance Zone
~~···.
SUMMARY OF REQUEST; To consider the.following· items as a Renaissance·.··
. .. ··. . . . •··.
· 1 · P.A. 425 AgreementwithDaltonTow~ship..
2. Cordova Site Development Agreement.with the County:· .
3. Resolution Granting Renaissance Zone Status. to· the Cordova Chemical ·
Site
4. Development Agreement with A.N.M. Real Estate.
5. Consent Assessment with A.N.M. Real Estate.
6. Renaissance Zone for Shaw Walker Building
7.. Resolution Expanding the Whittaker Electric Renaissance Zone to include
the Seaway Industrial Park and AssociatedProperties.
8. Development Agreement with West Mic;higan Dock and Market.
9. Consent Assessment Agreement with West Michigan Dock and. Market.
10. Renaissance Zone for Mart Dock
·. l 1. Development Agreement with Jhe Downtown Muskegon Development
Corporation.
12: Consent Assessment Agreement .with · the Downtown Muske.gon
DevelopmenlCorporation. · . .. . .·
13, Development Agreement with th6Archimedes GroUp-Medic~I Arts LLC..
14. Consent AssessmentAgreement with th~ Archimedes Group-Medical Arts ....
· LLC. . . . . .· . . . . .
·.15. Resolutio11 Granting Renaissance Zone Status to the Muskegon Mall and
AssociatedProperties.
Commission Meeting Date: September 24, 2002
Date: September 24, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: P.A. 425 Agreement with Dalton Township
SUMMARY OF REQUEST: To approve the attached P. A. 425
agreement with Dalton Township. This agreement will transfer the
former Cordova Chemical site, consisting of 210 acres, from Dalton
Township to the City of Muskegon for a period of 50 years.
FINANCIAL IMPACT: Future income taxes will be shared between the
City (60%) and Dalton Township (40%). Development costs will be the
responsibility of the County. If the Township needs someone to perform
services on their behalf, the City has the right of first refusal at cost plus
15°/o.
After the timeline for Renaissance Zone designation passes, the City will
pay to Dalton Township an amount equal to their then current millage
rate.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the attached agreement with
Dalton Township.
Note: Attached is an updated version of the 425 agreement with
changes that were made at the request of Dalton Township. Dalton
Township approved this version of the agreement on 9/23/02.
COMMITTEE RECOMMENDATION:
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STATE OF MICHIGAN
~
T ERRI LYNN LAND, SECRETARY OF STATE
I
DEPARTMENT OF STATE
LANSING
March 25, 2005
City of Muskegon
Gail Kundinger 7
I
City Clerk I
933 Terrace Sti-eet
Muskegon, MI 49443-0536
RE: Conditional Transfer of Property
Dear Ms. Km1dinger:
This letter serves to acknowledge the Office of the Great Seal's receipt on March 18, 2005 of the
filing of the conditional transfer pursuant to Public Act 425 of 1984, as amended, from Dalton
Township to the City of Muskegon. The receipt date is the effective date of this boundary
change. This filing has been designated as Job Number 05-413.
All property descriptions for any boundary changes are reviewed by the Michigan Department of
Transportation (MDOT), and then published annually in the Michigan Public and Local Acts
manual. If any property description is found inaccurate by MDOT, this office will contact you at
that time and request a corrected desc1iption, which will not impact the effective date of the
boundary change.
For your information, the Office of the Great Seal has been realigned to report to the Legal
Policy and Procedures Section of the Legal and Regulatory Services Administration.
*****No further acknowledgment will be sent*****
Debbie Anchak, Analyst
Legal Policy and Procedures Section
517-335-2701
cc: Dalton Township Clerk
Muskegon County Clerk
Michigan Department of Labor and Economic Growth, State Boundary Commission
Michigan Department of Labor and Economic Growth, Liquor Control Commission
Michigan Department of Information Technology, Center for Geographic Information
Michigan Department of Treasury, Office of Revenue and Tax Analysis
Michigan Department of Transportation, Bureau of Transportation Plmming
Office of the Great Seal Job Number: 05-413
OFFICE OF THE GREAT SEAL
CA PI TOL TOW ER BUILDING • SUITE 100 • 110 W . MICHIGAN AVENUE• LANS ING, MICHIGAN 48918
www . Mich igan . gov/sos • (517) 373 - 2531
Job Number 05-413
Resolution Number 2002-108(cl)
Cities
Muskegon County
In the matter of the conditional transfer of certain property located in Dalton Township to the
City of Muskegon. Conditionally transfered in accordance with the provisions of Public
Act 425 of 1984, as amended the following described property: ·
Exhibit I
Legal Description of Properly
PARCELL
The Southwest Quarter of the Northwest Quarter of Section 32, Town 11 North;,Range 16 West,
EXCEPT
. The C & 0 Railroad right ofway and EXCEPT the rights of the public and any governmental unit in any
part thereof taken, used or deeded for street, road o~ highway purposes.
PARCEL II.
The Southeast Quarter of the Northeast Quarter of Section 31, Town 11 North, Range 16 West.
EXCEPT
The rights of the public and of any governmental unit in any part thereof taken, used or deeded for street,
road or highway purposes.
(CONTINUED ON NEXT PAGE)
Page 1 ofll 5'
(CONTINUED FROM PREVIOUS PAGE)
PARCEL ITT.
TheEastHalfoftheNorthwestQuarterofthe SouthwestQuarterofSection32, Town 11 North, Range 16
West.
EXCEPT
Commencing at the Northeast comer of the Northwest Quarter of the Southwest Quarter of Section.32,
Town 11 North, Range 16 West; thence South along the East line of said Northwest Quaner of the
Southwest Quarter 470 feet more o:r less to the East line of the C & 0 Railroad right of way, thence
N orlhwesterly along the East_line of the C & O Raikoad ijght of way 495 feet more or less to a point 184
feet more or less West of the place of beginning; thence East along the North line of said Northwest
Quarter of the Southwest Quarter 184 feet more or less to the place of beginning.
ALSO EXCEPT
The C & 0 Railroad right of way and EXCEPT the rights of the public and of any governmental unit in
any part thereof taken, used or deeded for street, road or highway purposes.
PARCEL lV.
That part of the East Half of the Northwest Quarter of the Southwest Quarter of Section 32, Town 11
North, Range 16 West described as follows: Co=encing at
the Northeast comer of the Northwest
Quarter of the Southwest Quarter of Section 32, Town 11 North, Range 16 West, thence South-along the
East line of said Northwest Quarter of the Southwest Quarter 470 feet more or less to the East line of the
C & 0 Railroad right of way, thence Northwesterly along the East line of the C & 0 Railroad right of way
495 feet more or less to a point 184 feet more or less West of the place of beginning; thence East along
the North line of said Northwest Quarter of the Southwest Quarter 184 feet more or less to the place of
beginnjng. .
EXGEPT
The rights of the public and of any governmental unit in any part thereof taken, used or deeded for street,
road or highway purposes.
Record of proceedings filed in the Office of the Secretary of State Match 18, 2005
****
Job Number 05-413
Page 2 oflll:S
(CONTINUED FROM PREVIOUS PAGE).
PARCEL V.
All that part lying West of the C & 0 Railroad right of way of the Northwest Quarter of the Northwest
Quarter of Section 32, Town 11 North, Range 16 West.
EXCEPT
Co=ence at the Northwest comer of Section 32, Town 11 North, Range 16 West, thence South 243 feet
along the Westline of Section 32, Town 11 North, Range 16 West,. thence East to the Westiine of the C
& 0 Railroad right of way, thence Northwes,terly along the W esterly·line of said Railroad right of way,
to the North lin_e of said Section 32, thence West to the point ofbeginning; also EXCEPT the rights ofthe
pi:rblic and of any gov=mental unit in any part thereof taken, used or deeded for street, road or highway
purposes.
ALSO
The 33 foot· roaJ adjoining the aforesaid Railroad right of way running in a Northwesterly and
Southeasterly~tion. ·
· PARCELVL
All thm: part lying East of the C & 0 Railroad right of way of the Northwest Quarter of the Northwest
Quartet of Section 32, Town 11 North, Range 16 West.
EXCEPT
The East 166 feet of the North 233 feet of the Northwest Quarter of the Northwest Quarter of Section 32.
ALSO EXCEPT
That part described as follows: Commencing on the North line ofthe Northwest Quarter <;>f the Northwest
Quarter of Section 32, 965.5 feet East of the Northwest comer of said Section 32, thence East along the
North line of said Section, 100 feet, thence South O degrees 22 minutes East 165 feet, thence 'W_est 100
feet, thence North O degrees 22 minutes West 165 feet to point ofbeginning; and EXCEPT the nghts of
the pu0lic and of any governmental unit in any part thereof taken, used or deeded for street, i;oad,,or
• highway purposes.
Record of proceedings filed in the Office of the Secretary of State March 18, 2005
****
Job Number 0_5_c413
Page2ofl5
(CONTINUED FROM PREVIOUS PAGE)
PARCEL VII.
Description I
The North 50 feet ofthe South 350 feet ofthe East 150 feet of the West 210 feet of the Northeast Quarter
of the Northeast Quarter of Section 31, Town 11 North; Range 16 We&.
AND
Description II
The South 408.3 feet of the Northeast Quarter of the Northeast Quarter of Section 31, Town 11
North Range 16 West.
EXCEPT
The South 350 feet ofthe East 150 feet oftbe W est210 feet thereof; and EXCEPT the rights ofthe public
and of any governmental unit in arty part therrof taken, used or deeded for street, road or highway
purposes.
PARCEL Vlli.
The Northeast Quarter of the Southwest Quarter of Section 32, Town 11 North, Range 16 West.
EXCEPT
The parcel commencing at the Southeast comer of the Northeast Quarter of the Southwest Quarter of
Section, thence West to the Easterly right of way of the C & 0 Railroad Company, thence Northeasterly
alongtlte Easterly right ofwayofsaidRailroad, to the East line of said Northeast Quarter ofthe Southwest
Quarter, thence South along the East line to the point of beginning; also EXCEPT the C & 0 Railroad
right of way
PARCEL IX.
The West Half of the Northwest Quarter of the Southwest Quarter of Section 32, Town 11 Norlh, Range
16 West. · ·
EXCEPT
The nghts of the public and of any governmental unit in any part thereof taken, used or deeded for street,
road or highway purposes.· · . · . · · ·.
Record of proceedings filed in the Office of the Secretary of State March 18, 2005
****
Job Number 05-413
Pagellofl5
(CONTINUED FROM PREVIOUS PAGE)'
PARCELX.
Co=ence at the Southeast corner ofthe Northeast Quarter ofthe Southwest Quarter of Section 32, Town
11 North, Range 16 West, thence West to the Easterly right of way of the C & 0 Railroad Company,
thence Northeasterly along the Easterly right of way of said Railroad, to the Ea:,t line of said Northeast
Qu;,rter of the Southwest Qumer, thence South along the East line to pc:int ofbeginning.
EXCEPT
The rights ofthe public and of any governmental unit in any part thereof taken, used or deeded for street, ·
road or highway purposes. ·
PARCEL XI.
The South 5 acres ofthe Southeast Quarterofthe Southw~t Quarter of Section 32, Town 11 North, Range
16 West, lying East of the C & 0 Railroad Pentwater Line right of way.
EXCEPT
The rights of the public and of any governmental unit in any part thereof taken, used or deeded for street,
road or highway purposes.
PARCEL XII.
That part ofthe Southeast Quarter ofthe Southwest Quarter lying Easterly of the C & 0 Railroad right of
way, ail in Section 32, Town· 11 North, Range 16 West.
EXCEPT
The South 5 acres thereof.
ALSO EXCEPT
The North 790.5 feet of the South 1,209.5 feet of the East 469 feet thereof.
AND EXCEPT
The rights of the public and of any governmental unit in any part thereof taken, used or deeded for street,
road or highway purposes,
Record of proceedings filed in the Office of the Secretary of State March 18, 2005
****
Job Number 05-413
PageS'oftS
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2002-108 (c 1)
CONTRACT FOR CONDITIONAL TRANSFER OF JURISDICTION
Township of Dalton
City of Muskegon
THIS CONTRACT, made this 24th day of September, 2002, between the
TOWNSHIP OF DALTON, located at 1616 E. Riley Thompson Road ("Dalton") and
the CITY OF MUSKEGON, 933 Terrace Street, Muskegon, Michigan ("City"), is entered into
by the parties on the following terms:
Recitals:
A. An economic development project, as defined in Act 425 of the Public Acts of
1984 of the State of Michigan ("the Act") has been proposed to be installed and erected on
certain property ("the Transferred Area"), located in Dalton Township and in the City of
Muskegon and containing the corporate boundary between the parties.
B. The parties have considered in formulating this contract the following factors
which they deem relevant to the economic development project and their decision to enter into
this agreement:
(I) Composition of the population; population density; land area and land
uses; assessed valuation; topography, natural boundaries, and drainage basins; and the
past and probable future growth, including population increase and business, commercial
and industrial development in the area to be transferred. Comparative data for the
•transferring local unit and the portion of the local unit remaining after transfer of the
property shall be considered.
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(2) The need for organized community services; the present cost and
adequacy of governmental services in the area to be transferred; the probable future needs
for services; the practicability of supplying such services in the area to be transferred; the
probable effect of the proposed transfer and of alternative courses of action on the cost
and adequacy of services in the area to be transferred and on the remaining portion of the
local unit from which the area will be transferred; the probable change in taxes and tax
rates in the area to be transferred in relation to the benefits expected to accrue from the
transfer; and the financial ability of the local unit responsible for services in the area to
provide and maintain those services.
(3) The general effect upon the local units of the proposed action; and the
relationship of the proposed action to any established city, village, township, county, or
regional land use plan.
C. The parties have determined that the economic development project qualifies
under the Act as the type of project which is eligible for the conditional transfer contemplated by
this Agreement.
THEREFORE, THE PARTIES AGREE:
1. Transferred Area. The Transferred Area which is the subject of this conditional
transfer agreement is described as follows:
[legal description]
2. Transfer Of Jurisdiction. Dalton hereby transfers, and the City consents to the
transfer of governmental jurisdiction from Dalton to the City of the transferred area for the term
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of this contract. The said transfer of jurisdiction shall include the transfer of only those
governmental powers provided as follows:
2.1 Economic Development. The City shall exercise its best efforts in
economic development to assist development. In particular, City shall designate the Transferred
Area as a Renaissance Zone.
2.2 Taxation. The Transferred Area shall be considered as being within the
corporate limits and jurisdiction of the City for purposes of real property taxation, personal
property taxation and local income taxes, except that, for purposes of calculating the county
assessment administrative fee, the Transferred Area shall be considered part of Dalton Township.
2.3 Other Services. In all other respects, Dalton shall perform necessary
municipal services. In particular, Dalton shall provide, if available, police, fire, water, sewer
services, zoning and building enforcement and determination of real and personal property
valuation.
3. Services. Except for the services contemplated by the reserved powers set forth
above, Dalton shall provide all other public services to the Transferred Area in connection with
its exercise of jurisdiction.
4. Term. The term ofthis agreement is for fifty (50) years. Upon expiration of the
said term, jurisdiction over the transferred area shall revert to Dalton. Termination prior to the
conclusion of the term shall occur only for cause as set forth below.
5. Approval of Contract. This contract shall become effective upon approval of
the parties' legislative bodies under the conditions set forth herein. Each body shall hold a public
hearing pursuant to Section 4 of the Act. In the event either legislative body adopts a resolution
calling for a referendum on the transfer, pursuant to Section 5 of the Act, the other party may
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immediately rescind its offer to enter into the contract by written notice. In the event petitions
are filed under Section 5 for referendum, the parties shall each have the same right of rescission.
On the effective date of this contract, or immediately thereafter, the Clerk of each
party shall file duplicate originals with the County Clerk of Muskegon County and the Michigan
Secretary of State, and obtain certified copies for their records.
6. Sharing of Taxes and Revenues. In connection with the levying of taxes,
regardless of the type of tax, the City shall pay to Dalton a payment in lieu of taxes as follows:
6.1. Real and Personal Property Tax. Prior to expiration of the Renaissance
Zone status of the Transferred Area,, which is contemplated to be in 2014, Dalton shall
undertake any real or personal property tax on the taxable value of all real and personal
property within the Transferred Area. Upon expiration of the Renaissance Zone status of
the Transferred Area, Dalton shall timely provide assessment data for the Transferred
Area, City shall undertake property tax billing, and annually pay to Dalton the equivalent
of Dalton's then-prevailing property tax millage on the taxable value of all real and
personal property within the Transferred Area not to exceed the City's then-prevailing
property tax millage.
6.2 Local Income Tax. City shall annually pay to Dalton Forty percent
(40%) of the local income tax City receives, after reduction for any and all refunds and
prior year adjustments, directly generated from individuals working at the Transferred
Property and businesses located in the Transferred Property.
6.3 Revenue. Revenues from the water system, so long as Dalton continues
to operate same, shall remain the property of Dalton. All other revenues of whatever
nature, State shared revenues from taxation of any kind, fees, charges or other monies
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shall inure to Dalton. If the method of taxing prope1iy in the Transferred Property or the
State of Michigan is changed, the parties shall renegotiate the sharing of tax revenues in
good faith.
7. City Commitments.
7.1 Renaissance Zone. City shall designate the Transferred Property as a
Renaissance Zone.
7 .2 The City shall make the payment in lieu of real and personal property
taxes on or about July 1 for the Transferred Area after the end of the Renaissance Zone status,
which is contemplated to be in 2014, pursuant to paragraph 6.1.
7.3 Special assessments shall inure to the City. Neither party shall special
assess the property in any amount beyond that necessary to fund an improvement or the bonds or
portion of bonds specifically sold for the improvement.
7.4 The City shall make the payment based upon the income tax pursuant to
paragraph 6.2 on or about July 1 for the previous calendar year.
7.5 The City shall assist and cooperate with the Township to seek and secure
available funding, from whatever source, to defray the cost associated with the improvement of
roadways and fire protection required as a result of development within the Renaissance Zone.
8. Commitments by Dalton.
8.1 Zoning and Building Permit Assistance. Dalton agrees to provide City
with the right of first refusal to provide zoning and building permit assistance at City's cost, as
City determines, plus 15%. To the extent that Dalton elects to provide such services in-house,
this right of first refusal does not apply.
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8.2 Dalton agrees to provide to the City copies of all its records as to
property taxation, planning and zoning and all other municipal matters which pertain to the
transferred area.
8.3 Dalton certifies to the City that there are no employees affected by this
contract, and no provision need be made for such persons.
9. Termination. Prior to the conclusion of the term of this agreement, termination
may occur for failure of either party to perform as required by this contract. In the event either
party determines to invoke its right to terminate the contract, it shall serve, by first class mail, a
notice of intent to terminate, setting forth the reasons therefor. Upon receipt of the said notice,
the other party shall have a period of one hundred eighty (180) days to cure any claimed
violation of the agreement and thereby avoid termination. In the event of termination before the
conclusion of the term of this agreement, the Transferred Area shall be returned to Dalton and its
jurisdiction. In said event Dalton shall pay to the City the cost of all infrastructure installed and
financed at City expense, and shall assume all liability for debt service on any indebtedness
incurred by the City in connection with all installations, services and other amenities afforded to
the Transferred Area. Performance by either party shall be excused in the event it is prevented
by action of a court, tribunal or other body with jurisdiction.
10. Liability. The City shall assume all liabilities for municipal jurisdiction and
operations in the transferred area relating to the local income tax. Dalton shall assume all
liability for municipal jurisdiction in all other respects.
11. Effective Date. This contract shall be effective on the last date when it has been
approved by both parties' legislative bodies without resolution to provide a referendum.
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12. Governing Law. This agreement shall be construed and enforced in accordance
with the laws of the State of Michigan applicable to contracts made and to be performed within
the State of Michigan.
13. No Third Party Beneficiary. This agreement shall benefit only the parties to this
agreement, and not any third party.
14. Counterparts. This agreement may be executed in one or more counterparts.
Notwithstanding such execution all such counterparts shall constitute one and the same
agreement.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year
first above written.
Signed in the presence of:
By-::7'~':"-::'=----c':-:-''-!:-----:------
cott J. Hladki, Supervisor
and 'P'\c, ~ ff Po NI u!heau'OocO
Mary Ell; Sherwood, Clerk
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Commission Meeting Date: September 24, 2002
Date: September 18, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Cordova Site Development Agreement with
County
SUMMARY OF REQUEST: To approve the attached Development
Agreement with the County of Muskegon. in this agreement the County
agrees to pursue development of the Cordova site "in good faith".
FINANCIAL IMPACT: None. City pledges one of it's remaining
Renaissance Zones.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the attached agreement with
the County of Muskegon.
COMMITTEE RECOMMENDATION:
DEVELOPMENT AGREEMENT
CITY OF MUSKEGON RENAISSANCE ZONE
2002-108(c2)
THIS IS AN AGREEMENT between the CITY OF MUSKEGON, a municipal
corporation, of933 Terrace Street, Muskegon, Michigan 49441 ("City") and COUNTY OF
MUSKEGON, of990 Terrace Street, ofMuskegon, Michigan 49441 ("County").
Recitals:
A. The City has received an application from the County and intends to consider the
location in a Renaissance Zone by the County, and as a condition thereof this Agreement must be
approved and executed by the County prior to the establishment and location of the business in
the Renaissance Zone. Upon final approval of Renaissance Zone status for the property, the City
will · sign this Agreement and the Real Estate Purchase Agreement. The City deems this
Agreement to constitute a necessary element in the City's determination regarding the location of
County in the Renaissance Zone, and the City relies upon the undertakings of County in this
Agreement to allow the Renaissance Zone status of the County.
B. The County intends to install the project set forth in its Application for
Renaissance Zone location and approval. The County understands that the City relies upon the
undertakings of the County in this Agreement to establish the County's status as a Renaissance
Zone Company.
NOW THEREFORE THE PARTIES, INCORPORATING THE ABOVE RECITALS,
AGREE:
1. DOCUMENTS ATTACHED. Included in this Agreement are the following
documents which have been collected and relied upon by the parties:
1.1 The Application prepared and filed by County.
1.2 Copy of the Renaissance Zone Act, as amended to date.
1.3 City of Muskegon Development Agreement Policy for Expanding Existing
or Establishing New Renaissance Sub-Zones.
1.4 Contract for Conditional Transfer of Jurisdiction between City and
Township of Dalton.
2. COUNTY AGREEMENT. The County represents and affirms, by and through its
Board of Commission, that it will use its best efforts, and propose in good faith to develop and
market the "Property" accorded Renaissance Zone status for industrial and/or commercial
development. Said property, formerly referred to as the "Cordova" site. is more specifically
depicted in Exhibit 1. Among the "best efforts" commitments being made by the County are:
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2.1 Extension of both sewer and water service to property;
2.2 Pursue grant funding to assist in developing property and commitment to
provide match-funding obligations subject to ultimate approval by the County
Board of Commission; and
2.3 Applications of any tax captured revenues generated by the Renaissance
Zone designation to property development to the extent under control of County.
2.4 In addition, County agrees to aggressively advocate for road improvements
to subject property.
2.5 . The County shall take all required precautions to avoid the release of any
hazardous substance in violation of any environmental law on its premises, and shall
report any releases to the appropriate authority in a timely and complete manner as
required by law, providing copies of said documentation to the City. Subject to its rights
to contest any proposed orders and actions, the County shall comply with all orders and
actions of any governmental agency having authority.
2.6 County agrees that prior to the Renaissance Zone status expmng, the
property shall be considered part of the Township of Dalton for the purpose of calculating
the county assessment administrative fee.
3. AGREEMENT BY THE CITY.
The City agrees to the following commitments which it shall perform in a timely
and reasonably acceptable manner:
3.1 Provided this Agreement has been executed by the County and further
provided all applications concerning Renaissance Zone status have been properly filed by
the County and the contract for conditional transfer of jurisdiction with the Township of
Dalton is executed and no longer revocable, the City shall, in an expeditious and timely
manner, proceed with the appropriate meetings or applications including as necessary the
State of Michigan Renaissance Zone Review Board, and with all local review entities
required by law, including the establishment of a Renaissance Zone designation for the
property in question. The City may consider this Agreement in a meeting separate from
and prior to the meeting or meetings in which the City or any entity considers the creation
of the district or approval of the applicant for Renaissance Zone status.
3.2 Execution, simultaneously with the execution of this agreement, of the
contract for conditional transfer of jurisdiction with the Township of Dalton.
4. EVENTS OF DEFAULT. The following actions or failures to comply shall be
considered events of default by the County if not cured within thirty (30) days after receipt of
written notice from the City of such act or failure to comply.
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4.1 Failure to meet any of the commitments set forth above.
4.2 The failure to Construct the infrastructure buildings.
4.3 Failure to deliver to the City the documentation and reporting reasonably
required.
4.4 The closing, or substantial closing, of manufacturing operations in this
Renaissance Zone. Without limitation, closing includes removing operations to a location
or locations outside the Renaissance Zone, abandomnent of the buildings, or other actions
which result in a substantial loss of jobs and production in the Zone.
4.5 Revocation or holding as invalid the contract for conditional transfer of
jurisdiction with the Township of Dalton.
4.6 The violation of any material provisions, promises, commitments,
considerations or covenants of this Agreement.
4. 7 City Considerations for Determination in Matters of Default. The City shall
not unreasonably take any action which may result in invocation of the remedies above.
It shall take the following factors into consideration:
4. 7.1 The economic conditions, if any, reasonably known to the City,
which are found to be directly related to the default or circumstance causing the
proposed action by the City.
4.7.2 The performance of the County in meeting the commitments and
requirements of the Application, the submitted materials, and the provisions of the
Certificate and this Agreement.
4. 7 .3 Whether the effect on the City's finances of the County's actions is
material and substantial.
4.7.4 Whether the circumstance affecting the status of the County was
created by occurrences beyond the control of the County or could reasonably have
been avoided, and, in particular, whether the County could economically and
feasibly continue to perform as required by this Agreement.
5. Governing Law. This Agreement shall be construed and enforced in accordance
with the Laws of the State of Michigan applicable to contracts made and to be performed within
the State of Michigan, and in particular the Renaissance Zone Act of the State, as amended.
6. .Counterparts. This Agreement may be executed in one or more counterparts.
Notwithstanding such execution all such counterparts shall constitute one and the same
Agreement.
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7. Benefit. This Agreement shall be binding upon and inure to the benefit of the
respective parties, their successors and personal representatives. The County shall not assign this
Agreement without the consent of City.
8. Effective Date. This Agreement shall be effective on the date the State of
Michigan Administrative Board approves the amendment to the City of Muskegon/Muskegon
Heights Renaissance Zone. In the event that (i) Renaissance Zone status is not granted by the
State of Michigan Administrative Board by _ _ _ _ _ _ _ _ _ _, 2002, or the Contract
for Conditional Transfer of Jurisdiction between the City of Muskegon and the Township of
Dalton is in force, then this Agreement shall automatically terminate and be null and void, with
neither party having any further obligations to the other.
9. Invalidity. In the event any provision of this agreement is declared invalid by a
court or tribunal having competent jurisdiction, the remainder of the agreement shall remain in
full force and effect.
CITY OF MUSKEGON,
and .~ fl~
Gail A. Kundinger, Clerk
Dated: October .,3 , 2002
COUNTY OF MUSKE
~
By /Llt~ I
KenHulka
,,,,,
Chairman of the Board of Commissioners
And ~<-/!.~
Sue Doriot :
County Clerk
Dated:
- - - - - -, 2002
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Commission Meeting Date: September 24, 2002
Date: September 1B, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Resolution Granting Renaissance Zone status to
the Cordova Chemical Site
SUMMARY OF REQUEST: To approve the attached resolution granting
Renaissance Zone status to the Cordova Chemical Site.
FINANCIAL IMPACT: Future income taxes will be shared between the
City (60%) and Dalton Township (40%). Development costs will be the
responsibility of the County. If the Township needs someone to perform
services on their behalf, the City has the right of first refusal at cost plus
15%.
After the timeline for Renaissance Zone designation passes, the City will
pay to Dalton Township an amount equal to their then current millage
rate.
There is no direct tax loss to the City because until now the site has not
been located in the City.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the attached resolution.
COMMITTEE RECOMMENDATION:
ResolutionNo. 2002-108(c3)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING CREATION OF CORDOVA
RENAISSANCE ZONE
WHEREAS, pursuant to Public Act 376 of 1996, as amended, existing Round II Renaissance
Zones have been enabled to modify existing and create new sub-zones (up to 1O); and
WHEREAS, the City of Muskegon is committed to the economic growth and well being of its
residents; and
WHEREAS, the City of Muskegon is in agreement with the concepts of Renaissance Zones and
desires to utilize such zone·s for the revitalization of certain areas within the City; and
WHEREAS, the City of Muskegon has adopted a policy governing the expansion of existing and
the creation of new sub-zones; and
WHEREAS, the County of Muskegon has entered into a development agreement with the City of
Muskegon governing the creation of the Cordova Renaissance Zone and Dalton
Township has agreed to a conditional Land Transfer; and
WHEREAS, the City of Muskegon wishes to establish the boundaries of the Cordova Zone to
include the property commonly known as the Cordova Chemical Company property as
shown on Exhibit 1.
NOW THEREFORE BE IT RESOLVED, that the Muskegon City Commission hereby approves
the creation of the Cordova Zone to include property commonly known as the Cordova
Chemical Company site.
BE IT FURTHER RESOLVED, that the Muskegon City Commission, in accordance with
P.A. 376 of 1996, as amended, consents to the exemption of all taxes levied against all
property located within or persons residing within the Cordova property and is aware that
there will be no property tax revenue forfeiture because the property is presently owned
by the County of Muskegon.
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2002-108( c3)
Adopted this 24th day of September, 2002.
AYES: Shepherd, Spataro, Warmington, Buie, Gawron, Larson , Schweifler
NAYS: None
ABSENT: None
BY:
ATTEST:
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held
on September 24, 2002.
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Exhibit I
Legal Description of Property
PARCELL
The Southwest Quarter of the Northwest Quarter of Section 32, Town 11 North, Range 16 West.
EXCEPT
The C & 0 Railroad right of way and EXCEPT the rights of the public and any governmental unit in any
part thereof taken, used or deeded for street, road o~ highway purposes.
PARCEL II.
The Southeast Quarter of the Northeast Quarter of Section 31, Town 11 North, Range 16 West.
EXCEPT
The rights of the public and of any governmental unit in any part thereof taken, used or deeded for street,
road or highway purposes.
PARCEL ill.
The East Half of the Northwest Quarter of the Southwest Quarter of Section 32, Town 11 North, Range 16
West.
EXCEPT
Commencing at the Northeast comer of the Northwest Quarter of the Southwest Quarter of Section 32,
Town 11 North, Range 16 West; thence South along the East line of said Northwest Quarter of the
Southwest Quarter 470 feet more or less to the East line of the C & 0 Railroad right of way, thence
Northwesterly along the EastHne of the C & O Railroad right of way 495 feet more or less to a point 184
feet more or less West of the place of beginning; thence East along the North line of said Northwest
Quarter of the Southwest Quarter 184 feet more or less to the place of beginning.
ALSO EXCEPT
The C & 0 Railroad right of way and EXCEPT the rights of the public and of any governmental unit in
any part thereof taken, used or deeded for street, road or highway purposes.
Ot/<'17/:!UU;;:: lJ:47 .t•A..A .::Jl 7.::7 ~lJU W H CS
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PARCELN.
That part of the East Half of the Northwest Quarter of the Southwest Quarter of Section 32, Town 11
North, Range 16 West described as follows: Commencing at the Northeast corner of the Northwest
Quarter of the Southwest Quarter of Section 32, Town 11 North, Range 16 West, thence South along the
East line of said Northwest Quarter of the Southwest Quarter470 feet more or less to the East line of the
C & 0 Railroad right of way, thence Northwesterly along the East line of the C & 0 Railroad right of way
495 feet more or less to a point 184 feet more or less West of the place of beginning; thence East along
the North line of said Northwest Quarter of the Southwest Quarter 184 feet more or less to the place of
beginning.
EXGEPT
The rights of the public and of any governmental unit in any part thereof taken, used or deeded for street,
road or highway purposes.
PARCELV.
All that part lying West of the C & 0 Railroad right of way of the Northwest Quarter of the Northwest
Quarter of Section 32, Town 11 North, Range 16 West.
EXCEPT
Co=ence at the Northwest corner of Section 32, Town 11 North, Range 16 West, thence South 243 feet
along the Westline of Section 32, Town 11 North, Range 16 West, thence East to the West line of the C
& 0 Railroad right of way, thence Northwesterly along the Westerly line of said Railroad right of way,
to the North line of said Section 32, thence West to the point of beginning; also EXCEPT the rights of the
public and of any govemmental unit in any part therecftaken, used or deeded for street, road or highway
purposes.
ALSO
The 33 foot road adjoining the aforesaid Railroad right of way running in a Northwesterly and
Southeasterly direction.
PARCEL VI.
All that part lying East of the C & 0 Railroad right of way of the Northwest Quarter of the Northwest
Quarter of Section 32, Town 11 North, Range 16 West.
EXCEPT
The Ea.st 166 feet of the North 233 feet of the Northwest Quarter of the Northwest Quarter of Section 32.
091·lf/2002 13:47 FA...\ 231 727 2130 W H C ..-,S:_._ __
--------- li1] 004
ALSO EXCEPT
That part described as follows: Commencing on the North line ofthe Northwest Quarter of the Northwest
Quarter of Section 32, 965.5 feet East of the Northwest comer of said Section 32, thence East along the
North line of said Section, l 00 feet, thence South 0 degrees 22 minutes East 165 feet, thence West l 00
feet, thence North 0 degrees 22 minutes West 165 feet to point ofbeginning; and EXCEPT the rights of
the public and of any governmental unit in any part thereof taken, used or deeded for street, road or
highway purposes.
PARCEL Vll.
Description I
The North 50 feet of the South 350 feet oftbe East 150 feet of the West 210 feet of the Northeast Quarter
of the Northeast Quarter of Section 31, Town 11 North, Range 16 West.
AND
Description II
The South 408.3 feet of the Northeast Quarter of the Northeast Quarter of Section 31, Town 11
North Range 16 West.
EXCEPT
The South 350 feet of the East 150 feet of the West 210 feet thereof; and EXCEPT the rights of the public
and of any governmental unit in any part thereof taken, used or deeded for street, road or highway
purposes.
PARCEL VIII.
The Northeast Quarter of the Southwest Quarter of Section 32, Town 11 North, Range 16 West.
EXCEPT
The parcel commencing at the Southeast comer of the Northeast Quarter of the Southwest Quarter of
Section, thence West to the Easterly right of way of the C & 0 Railroad Company, thence Northeasterly
along the Easterly right of way of said Railroad, to the East line of said Northeast Quarter ofthe Southwest
Quarter, thence South along the East lme to the point of beginning; also EXCEPT the C & O Railroad
right of way
PARCEL IX.
The West Half of the N ortbwest Quarter of the Southwest Quarter of Section 32, Town 11 North, Range
16 West. ·
_ ___:.w H_·_c_s__
, !4] 005
EXCEPT
The rights of the public and of any governmental 1UJit in any part thereof taken, used or deeded for street,
road or highway purposes.·
PARCELX.
Commence at the Southeast comer ofthe Northeast Quarter ofthe Southwest Quarter of Section 32, Town
11 North, Range 16 West, thence West to the Easterly right of way of the C & 0 Railroad Company,
thence Northeasterly along the Easterly right of way of said Railroad, to the East line of said Northeast
Quarter of the Southwest Quarter, thence South along the East line to point ofbeginning.
EXCEPT
The rights ofthe public and of any governmental 1UJit in any part thereof taken, used or deeded for street,
road or highway purposes.
PARCEL XI.
The South 5 acres ofthe Southeast Quarter of the Southwest Quarter of Section 32, Town 11 North, Range
16 West, lying East of the C & 0 Railroad Pentwater Line right of way.
EXCEPT
The rights of the public and of any governmental unit in any partthereoftaken, used or deeded for street,
road or highway purposes.
PARCEL XII.
That part of the Southeast Quarter ofthe Southwest Quarter lying Easterly of the C & 0 Railroad right of
way, all in Section 32, Town 11 North, Range 16 West.
EXCEPT
The South 5 acres thereof.
ALSO EXCEPT
The North 790.5 feet of the South 1,209.5 feet of the East 469 feet thereof
AND EXCEPT
The rights of the public and of any governmental unit in any part thereof taken, used or deeded for stteet,
road or highway purposes_
Commission Meeting Date: September 24, 2002
Date: September 17, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department CBG
RE: Development Agreement with A.N.M. Real Estate
SUMMARY OF REQUEST: To approve the attached Development
Agreement with A.N.M. Real Estate.
FINANCIAL IMPACT: If A.N.M. Real Estate fails to redevelop the Shaw
Walker building, it will pay a special assessment of $30,000 per year to
the City while the Renaissance Zone is in effect.
A.N.M. Real Estate will begin making annual payments of $5,000 per
year until such time as the portion of the building now occupied by the
Knoll Group is redeveloped or demolished.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the attached development
agreement.
COMMITTEE RECOMMENDATION:
DEVELOPMENT AGREEMENT
CITY OF MUSKEGON RENAISSANCE ZONE
2002-108(c 4 )
THIS IS AN AGREEMENT between the CITY OF MUSKEGON, a
municipal corporation, of 933 errace Street, Muskegon, Michigan 49441 ("City")
and P & G Holdings, LLC, a /t11,e{) L , ompany of 4203 13 th Avenue,
Brooklyn, New York.
Recitals:
A. The City has received an application from the Company and
intends to consider the location in a Renaissance Zone by the Company, and as
a condition thereof this Agreement must be approved and executed by the
Company prior to the establishment of the Renaissance Zone. Upon approval of
Renaissance Zone status for the Property, the City will sign this Agreement. The
City deems this Agreement to constitute a necessary element in the City's
determination regarding the location of Company in the Renaissance Zone, and
the City relies upon the undertakings of Company in the Agreement to allow and
to continue the Renaissance Zone status of the Company.
B. The Company intends to install the projects set forth in its
Application for Renaissance Zone location and approval. The Company
understands that the City relies upon the undertakings of the Company in the
Agreement to establish and to continue the Company's status as a Renaissance
Zone Company.
NOW THEREFORE THAT PARTIES AGREE:
1. DOCUMENTS ATTACHED. Included in this Agreement are the
following documents which have been collected and relied upon by
the parties:
1.1 The Application for Renaissance Zone Designation filed by
P & G Holdings, LLC.
1.2 Copy of the Renaissance Zone Act, as amended to date.
1.3 City of Muskegon Development Agreement Policy for
Expanding Existing or Establishing New Renaissance Sub-
Zones.
1.4 Exhibit containing Site/Building requirements for this project,
applying Article VII of the Development Agreement Policy.
1.5 Special assessment agreement.
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2. COMPANY AGREEMENT. The Company agrees to the following
commitments which it shall perform in a timely and reasonably
acceptable manner.
2.1 The improvement, to comply with all construction codes, of
the former, Shaw Walker building, 1321 Division Street, for
said purposes. The first phase of redevelopment will consist
of rehabilitation of portions of the Shaw Walker building to
create market-rate housing units for rent or sale.
2.2 Private investment in the amount of at least $3,000,000
within two years from the date of the property's designation
of Renaissance Zone status by the State Of Michigan,
pursuant to paragraph 2.7.
2.3 The performance of all other undertakings set forth in the
application.
2.4 Assurance and completion of the payment of all real and
personal property taxes due for all years prior to the creation
of the Renaissance Zone on the properties.
2.5 Cooperation with City representatives to supply all requested
and required documentation necessary to determine
compliance with the undertakings set forth in this Agreement
and its attachments.
2.6 The Company shall take all required precautions to avoid the
release of any hazardous substance in violation of any
environmental law on its premises, and shall report any
releases to the appropriate authority in a timely and
complete manner. Providing copies of said documents to the
City. It shall comply with all orders and actions of any
governmental agency having authority.
2.7 The Company shall improve the properties and
improvements, in accordance with the Renaissance Zone
proposal submitted by P & G Holdings, LLC. Exhibit
attached covering Site/Building requirements. These
requirements shall be in addition to any zoning or site plan
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requirements of the Planning Commission or City
Commission.
3. AGREEMENT BY THE CITY. Provided this Agreement has been
executed and further provided all applications concerning
Renaissance Zone status have been properly filed, the City shall, in
a timely manner, proceed with the appropriate meetings or
applications including as necessary the State of Michigan
Renaissance Zone Review Board, and with all local review entities
by law. The City may consider this agreement in a meeting
separate from and prior to the meeting in which the City or any
entity considers the creation of the district or approval of the
applicant for Renaissance Zone status.
4. EVENTS OF DEFAULT. The following actions or failures to comply
shall be considered events of default by the Company.
4.1 Failure to meet any of the commitments set forth above.
4.2 Failure to afford to the City the documentation and reporting
required.
4.3 The failure to expend the funds on equipment and
improvements as represented in the attachments within the
times required hereby.
4.4 The bankruptcy or insolvency of the Company.
4.5 The failure to pay any taxes other than those exempted by
the Renaissance Zone Act, and the failure to pay any special
assessments levied on the Company's property timely after
levy or final appeal.
4.6 The violation of any provisions, promises, commitments,
considerations or covenants of this Agreement.
5. REMEDIES ON DEFAULT. In the event of any of the above
defaults the City shall have the following remedies which it may
invoke without notice, except as may be reasonably required by the
Company's rights to due process. The amounts due by reason of
the exercise of the remedies, shall be payable by a special
assessment as outlined in the attached Special Assessment
agreement.
5.1 In the event of default and after investigation of the facts and
a public hearing, the Company shall be immediately liable for
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the amounts below, to be paid forthwith to the City, and the
Renaissance Zone status of the Company shall be revoked
or void, with the following consequences:
5.1.1 The Company shall begin making payments, as
outlined in the attached Special Assessment
agreement, to the City, the amount of $30,000 per
year. The assessment will not be charged during the
first two years, pending substantial completion of the
proposed project. If substantial progress has not
been made within the first two years, the Company
shall be liable for payment of the assessment for
those two years plus future year's assessments.
5.1.2 The Company shall begin making special
assessments in the amount of $5,000 per year, as
outlined in the attached Special Assessment
agreement, until such time as the portion of the
building currently occupied by the Knoll Group is
redeveloped to another use or demolished as
consistent with the Renaissance Zone application.
5.1.3 The Company shall pay to the State of Michigan all
amounts of the corporate income tax which have
been abated under the Renaissance Zone Act, if any.
5.1.4 The Company shall immediately pay to the City any
corporate City income tax which have been abated
under the Renaissance Zone Act, if any.
5.2 Failure to Install Improvements. In the event the
improvements, renovations and the equipment have not
been completed or installed by the time set forth in the
attachments, the Special Assessment shall be paid to the
City.
5.3 Failure to Expend the Funds Represented. Whether or not
the installations have been completed, if the Company has
not expended the funds it has represented on its application
that it would invest, the Company shall pay the Special
Assessment to the City.
5.4 Other Violations. For any material violations of this
Agreement, the City reserves the right to seek declaration by
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a court or entity with authority that the Special Assessment
shall be paid to the City.
5.5 Special Assessment. For any amount to be paid to the City
as a result of default by the Company, the Company
consents that the City shall have a personal action against
the Company and for the said amount, and in addition,
cumulatively, and not by election, the City shall have a
special assessment lien on all the property of the Company,
personal and real, located in the City, for the collection of the
amounts due as and in the manner of property taxes.
5.6 City Considerations for Determination in Matters of Default.
The City shall not unreasonably take any action which may
result in invocation of the remedies above. It shall take the
following factors into consideration:
5.6.1 The economic conditions, if any, reasonably known to
the City, which are found to be directly related to the
default or circumstance causing the proposed action
by the City.
5.6.2 The performance of the Company in meeting the
commitments and requirements of the Application, the
submitted materials, and the provisions of the
Certificate and this Agreement.
5.6.3 Whether the effect on the City's finances of the
Company's actions is material and substantial.
5.6.4 Whether the circumstances affecting the status of the
company was created by occurrences beyond the
control of the Company or could have been avoided,
and, in particular, whether the Company could
economically and feasibly continue to perform as
required by this Agreement.
6. Governing Law. This Agreement shall be construed and enforced
in accordance with the laws of the State of Michigan applicable to
contracts made and to be performed within the State of Michigan,
and in particular the Renaissance Zone Act of the State, as
amended.
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7. Counterparts. This Agreement may be executed in one or more
counterparts. Notwithstanding such execution all such counterparts
shall constitute one and the same Agreement.
8. Benefits. This Agreement shall be binding upon and inure to the
benefit of the respective parties, their successors assigns and
personal representatives.
9. Effective Date. This Agreement shall be effective on the date the
State of Michigan grants the Renaissance Zone designation.
10. Invalidity. In the event any provision of this agreement is declared
invalid by a court or tribunal having competent jurisdiction, the
remainder of the agreement shall remain in full force and effect.
CITY OF MUSKEGON,
a municipal cm
and ____________
Its
Dated: - - -- - -· 2002
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Commission Meeting Date: September 24, 2002
Date: September 24, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Consent Assessment with P and G Holdings LLC
(A.N.M. Real Estate)
SUMMARY OF REQUEST: To approve the attached Consent Special
Assessment related to the Development Agreement with P and G
Holdings LLC.
FINANCIAL IMPACT: If P and G Holdings, LLC fails to redevelop the
Shaw Walker building, it will pay a special assessment of $30,000 per
year to the City while the Renaissance Zone is in effect.
P and G Holdings, LLC will begin making annual payments of $5,000
per year until such time as the portion of the building now occupied by
the Knoll Group is redeveloped or demolished.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the attached consent
assessment. Note: Attached is the revised copy of the Consent
Assessment agreement with P and G Holdings. The only items
that have changed is the name of the company, from A.N.M. Real
Estate to P and G Holdings, LLC. A.N.M. Real Estate is the parent
company and P and G Holdings is the LLC which owns the Shaw
Walker building.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
SPECIAL ASSESSMENT ROLL
2002-108( c5)
P & G Holdings, Special Assessment District No. 1
The undersigned, pursuant to the direction of the City Commission, and based upon the
request and consent of P & G Holdings, LLC, hereby levies a special assessment on the property
described in Schedule "A" attached hereto, commonly referred to as the Shaw Walker building.
The following properties are hereby assessed for the said costs:
OWNER PROPERTY NO. ASSESSMENT
P and G Holdings 24-205-467-0001-00 $420,000
Installment Payments. The annual principal installments shall be paid over a period of
twelve (12) years. Each said annual payment shall be made on or before February 15. IfP & G
Holdings, LLC has fully complied with its obligations pursuant to the Development Agreement
for Renaissance Zone status between it and the City, executed on or about
September ff , 2002, this special assessment and the consent thereto is void. The payments
scheduled for February 15, 2003 and 2004 as in accordance with Schedule B, Column A, are
waived pending P & G Holdings, LLC's compliance with the terms of the Development
Agreement. In the event P & G Holdings, LLC is in default under the terms of that agreement,
the required special assessment shall be due and payable, as in accordance with Schedule B,
Column A, including amounts temporarily waived in 2003 and 2004 pending compliance with
the Agreement.
The amounts in Schedule B, Column B are due until such time as the portion currently occupied
by the Knoll Group are redeveloped or demolished, in accordance with the Development
Agreement. Upon substantial completion ofredevelopment, future assessments as outlined in
Schedule B, Column B are waived.
Acceleration. In the event any annual installment is not timely paid, the entire balance of
the assessment, plus interest to accrue at 5% per annum, shall become immediately due and
payable. This provision shall apply to the annual installment of the original and unpaid
assessment.
Deposit and Investment of Assessment Payments. Assessment payments received shall
be held and used by the City in such funds as may be required by the Renaissance Zone Act.
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Certification
The above special assessment roll was confirmed on September 24 , 2002, at a regular
meeting held at the City Hall. 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.
Date: September cJ t/ , 2002 CITY OF MUSKEGON
Endorsement and Warrant
The above special assessment roll was confinned on September .2_L, 2002, and is
hereby endorsed. Warrant is hereby issued to the City Treasurer to collect same in accordance
with its terms.
Date: September .J.t_., 2002
Consent to Special Assessment
The Special Assessment approved by the City Commission for the City of Muskegon is
being done based upon the request of P & G Holdings, LLC, owner of all property described in
Schedule A.
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SCHEDULE "A"
Property Description
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ATTACHMENT A
CITY OF. MUSKEGON
REVISED PLAT 1903
BLK 4 68 AND l?ART· OF BLK 467
1/AC ALLEY IN BLK 468
PART OF FORMER C & 0 RAILROAD
R/W IN BLK 4 67 & 4 68 AND VAC HODSON ST
BET ELK 467 AND 468
AND ALL BEING DESC AS
BEG AT THE SW COR OF SAID BLK 468
TH N 00D l9M 25S W 351.64 FT ALONG E
R/W LINE OF FRANKLIN ST
TH N 89D 58M OOS E 278 :,5 FT ALONG THE S R/W LINE
OF WESTERN AVE
TH S. ·82D 42M 42S E 284. 66 FT ALONG SAID R/W LINE
TH S 07D 28M 335 W 75. 55 FT ALONG THE WLY LINE
AND EXTENSION THEREOF OF A 5 STORY BRICK BLDG
TH S 82D 30M 045 E 112.12 FT At.ONG SAID BLDG LINE
AND THE EXTENSION THEREOF
TH S 09D 23M 075 W 9.68 FT ALONG SAID BLDG LINE
TH S 83D 2.4M 04S E 13. 72. FT ALONG SAID BLDG· ;t.INE
TH N OOD 30M 045 E 8.71 FT
TH S OOD 30M 20S W 24.63 FT .
TH S 88D 25M 41S E 8.72 FTALONG SAID BLDG LINE
TH S OlD 34M 19S W 0.30 FT ALONG SAID BLDG LINE
TH S 88D 25M 41S E 0.40 FT ALONG SAID BLDG LINE
TH S OOD 42M 58S W 29. 45 FT ALONG SAID BLDG LINE
TH N 8,8D 25M 41S W 8. 43 FT ALONG SAID BLDG LINE
TH SOOD 42M 58S W 57.92 FT ALONG SAID BLDG LINE
TH S 88D 38M 32S E 12.93 FT ALONG SAID BLDG LINE
TH S 02D llM OlS W 21.28 FT ALONG SAID BLDG LINE
TH N 87D 48M 5.9S W 28. 01 FT ALONG SAID BLDG LINE
TH S 02D 23M OBS W 85.09 FT ·ALONG THEE SIDE OF
A 4 IN WALL
TH N 87D 51M 37S W 111.67 FT ALONG THE SLY SIDE
OF SAID 5: STORY BLDG LINE
TH S 02D 11M OlS W 7.87 FT
TH S 89D 48M llS W 549.04 FT ALONG THEN LINE OF
MICHIGAN AVE TO TH l?OB
CONTAINING 217056 SF (4.983 AC)
Page 1
ATTACHMENT B
CITY OF MUSKEGON
REVISED PLAT 1903
PART OF BLKS 467 AND 468 AND ENTIRE BLK 474
TOGETHER WITH PART OF THE C & 0 RR R/W IN SAID BLK 467
VAC. MICHIGAN. AVE BET SAID BLKS 467 AND 474
THE 2 VAC ALLEYS IN SAID BLK 47 4
DESC AS
BEG ON TEE N R/W LINE OF MICHIGAN AVE AT A POINT BEING N. 89D 48M 11S E S4.9. 04 FT FROM
THE SW COR OF SAID BLK 46 8
TH N 02D llM OlS E 7.87 FT
TH S 87D 51M 37S E lll.67 FT ALONG THE SLY LINE OF A 5 STORY BLDG
TH N 02D.23M 08S E 85.0.9 FT ALONG THEE SIDE OF A 4 IN WALL
TH S 87D 48M 59S E 28.01 FT ALONG TEE NLY LINE OF SAID 5 STORY BLDG
TH N 02D 11M 01S E 21.28 FT ALONG SAID BLDG
TH N 88D 38M 32S W 12. 93 FT ALONG SAID BLDG LINE
TH N 000 42M 58S E 57.92 FT ALONG SAID BLDG LINE
TH S88D 25M 4lS E 8.43 FT ALONG SAID BLDG LINE
Tll N 88D 25M 41S W 0.40 FT ALONG SAID BLDG LINE
TH N OlD 34M 19S E 0.30 FT ALONG SAID BLDG LINE
Tll N 88D 25M 41S W 8.72 FT ALONG SAID BLDG LINE
Tll N 000 30M 20S E 24.63 FT
TH N 82D 30M 04S W 8.71 FT
TH SOOD 30M 20S W 9.53 FT
TH N 83D 24M 04S W 13.72 FT ALONG SAID 5 STORY BLDG LINE
TH N 09D 23M 07S E 9.68 FT ALONG SAID 5 STORY BLDG LINE
TH N 82D 30M 04S W 112 .12 FT ALONG SAID BLDG LINE AND THE EXTENSION THEREOF
Tll N 070 28M 33S E 75. 55 FT ALONG SAID BLDG LINE AND TEE EXTENSION THEREOF
TH S 82D 42M 425 E 47 4 . ll FT ALONG THE SLY R/W LINE OF WESTERN. AVE
TH SOOD 01M 065 E 664.21 FT ALONG TEE W R/W LINE OF DIVISION ST
TH S 890 34M 025 W 476.58 FT.ALONG THEN R/W LINE OF WASHINGTON AVE
TH N OOD 20M 355 W 414.17 FT ALONG TEE E R/W LINE OF HUDSON ST
TH S89D 48M llS W 1.29 FT ALONG THE S R/W LINE OF MICHIGAN AVE TO POB
CONTAINING 304,686 SF (6.995 AC)
Page 1
ATTACHMENT C
CITY OF MCTSREGON
THAT PART OF BLKS 466 & 475, VAC MICHIGl\N AVE AND VAC CLAY AVE COM AT THE SW COR OF SD
ELK 475 FOR POB
TH N ALG THEE LINE OF DIVISION. ST 337.47 FT
TH N 89 DEG 40 MIN 00 SEC E 427.35 FT TOW LINE OF HENRY ST
TH S 05 DEG 18 MIN 10 SEC W ALG SD W LINE 144.97 FT TO THE NE COR OF SD BLK 475
TH S 00 DEG 28 MIN 45 SEC W ALG SD W LINE 194.75 FT TO SECOR OF SD BLK 475
TH S 89 DEG 52 MIN 30 SEC W ALG S LINE OF SD BLK 412.33 FT TO POB
Page l ·
SCHEDULE "B"
Total Assessment Column A ColumnB
February 15, 2003 $35,000 $30,000(waived) $5,000
February 15, 2004 $35,000 $30,000(waived) $5,000
February 15, 2005 $35,000 $30,000 $5,000
February 15, 2006 $35,000 $30,000 $5,000
February 15, 2007 $35,000 $30,000 $5,000
February 15, 2008 $35,000 $30,000 $5,000
February 15, 2009 $35,000 $30,000 $5,000
February 15, 2010 $35,000 $30,000 $5,000
February 15, 2011 $35,000 $30,000 $5,000
February 15, 2012 $35,000 $30,000 $5,000
February 15, 2013 $35,000 $30,000 $5,000
February 15, 2014 $35,000 $30,000 $5,000
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CITY OF MUSKEGON
Resolution No. 2002- 108 ( c5)
Resolution Confirming Special Assessment Roll for
P & G Holdings, LLC
The City Commission of the City of Muskegon hereby RESOLVES:
Having met on September~' 2002, at 5:30 p.m. at the City Commission Chambers
and no affected property owner having_protested, and the City Commission having reviewed the
request of P & G Holdings, LLC, the property owners of all affected property, and the City
Commission having reviewed the special assessment roll;
NOW, THEREFORE, THE CITY COMMISSION RESOLYES:
That the special assessment roll presented for consideration by the Commission is hereby
adopted and confirmed.
The special assessment is hereby levied and the Mayor is directed by this resolution to
provide his warrant to the Assessor and to the City Treasurer for further proceeding.
This resolution adopted.
Ayes Warmington, Buie, Gawron , Larson, Schweifler, Shepherd, Spataro
Nays None
CITY OF MUSKEGON
CERTIFICATE
This.resolution was adopted at a meeting of the City Commission, held on
September _2L, 2002. 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 197~. / .
. .
,ti '·,, {} ~~
G~il A. Kundinger, Clerk
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REQUEST FOR AMENDMENT TO SPECIAL ASSESSMENT ROLL
NOW COMES P & G Holdings, LLC, the owner o f ~ tJ tJ,</
f.,, ,,,. (~Jt"-1 //e ;( ,
and requests that the Special Assessment Roll dated September _ _, 2002 ( attached as Schedule
"B"), be adopted and instruct and authorize the City Treasurer with the advice of the City
Assessor to allocate the assessment.
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CL
Commission Meeting Date: September 24, 2002
Date: September 18, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Renaissance Zone for Shaw Walker Building
SUMMARY OF REQUEST: To approve the attached resolution granting
Renaissance Zone status to the Shaw Walker Building.
FINANCIAL IMPACT: General Fund tax loss of approximately $21,000
per year. However, the site is also in the DOA and is a "black hole"
which costs the DOA $68,000 per year.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the attached resolution.
COMMITTEE RECOMMENDATION:
Resolution No. 2002 108( c 7)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING CREATION OF THE SHAW WALKER
RENAISSANCE ZONE
WHEREAS, pursuant to Public Act 376 of 1996, as amended, existing Round II Renaissance
Zones have been enabled to modify existing and create new sub-zones (up to 10); and
WHEREAS, the City of Muskegon is committed to the economic growth and well being of its
residents; and
WHEREAS, the City of Muskegon is in agreement with the concepts of Renaissance Zones and
desires to utilize such zones for the revitalization of certain areas within the City; and
WHEREAS, the City of Muskegon has adopted a policy governing the expansion of existing and
the creation of new sub-zones; and
WHEREAS, A.N.M. Real Estate has entered into a development agreement with the City of
Muskegon governing the creation of the. Shaw Walker Renaissance Zone; and
WHEREAS, the City of Muskegon wishes to establish the boundaries of the Shaw Walker Zone
to include the property commonly known as the Shaw Walker property described on
Attachments A, B, and C/.
NOW THEREFORE BE IT RESOLVED, that the Muskegon City Commission hereby approves
the creation of the Shaw Walker Zone to include property commonly known as the Shaw
Walker Property.
BE IT FURTHER RESOLVED, that the Muskegon City Commission, in accordance with
P.A. 376 of 1996, as amended, consents to the exemption of all taxes levied against all
property located within or persons residing within the Shaw Walker property and is
aware that the following estimated prope1ty tax revenue forfeiture will result by placing
said property in a Renaissance Zone during the first full year of operation.
1) City of Muskegon: $ 7,145
2) Muskegon County: $ 4,672
3) Muskegon Community College: $ 1,574
4) Muskegon Area ISD: $ 1,973
5) Muskegon Public Schools: $12,744
C:\DOCUME~1\anguilm\LOCALS-1\Temp\AH2382.DOC
.,
6) State School Aid Millage: $ 4,248
7) Total of All Jurisdictions: $32,356
Adopted this 24th day of September, 2002.
AYES: Warmington, Buie, Gawron, Larson; Schweifler, Shepherd, Spataro
NAYS: None
ABESBNT: None
BY:
ATTEST:
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held
on September 24, 2002.
C:\DOCUME-1 \anguilm\LOCALS-1\Temp\AH2382.DOC
ATTACHMENT A
CITY OF. MUSKEGON
REVISED PLAT 1903
BLK 468 AND PART OF BLK 467
1/AC ALLEY IN BLK 468
PART OF FORMER C & 0 RAILROAD
R/W IN BLK 467 & 468 AND 1/AC HUDSON ST
BET BLK 467 AND 468
AND ALL BEING DESC AS
BEG AT THE SW COR OF SAID BLK 468
TH N OOD 19M 25S W 351.64 FT ALONG E
R/W LINE OF FRANKLIN ST
TH N 89D 58M OOS E 278.5 FT ALONG THE S R/W LINE
OF WESTERN AVE
TH S 82D 42M 42S E 284.66 FT ALONG SAID R/W LINE
TH S 07D 28M 33S W 75.55 FT ALONG THE WLY LINE
AND EXTENSION THEREOF OF A 5 STORY BRICK BLDG
TH S 82D 30M 04S .E 112.12 FT ALONG SAID BLDG LINE
AND THE EXTENSION THEREOF
TH S 09D 23M 07S W 9.68 FT ALONG SAID BLDG LINE
TH S 83D 24M 04S E 13.72 FT ALONG SAID BLDG LINE
TH N OOD 30M 04S E 8.71 FT
TH SOOD 30M 20S W 24.63 FT
TH S 88D 25M 41S E 8.72 FTALONG SAID BLDG LINE
TH S OlD 34M 19S W 0.30 FT ALONG SAID BLDG LINE
TH S 88D 25M 41S E 0.40 FT ALONG SAID BLDG LINE
TH SOOD 42M 58S W 29.45 FT ALONG SAID BLDG LINE
TH N 88D 25M 41S W 8.43 FT ALONG SAID BLDG LINE
TH SOOD 42M 58S W 57.92 FT ALONG SAID BLDG LINE
TH S 88D.38M 32S E 12.93 FT ALONG SAID BLDG LINE
TH S 02D llM OlS W 21.28 FT ALONG SAID BLDG LINE
TH N 87D 48M 59S W 28. 01 FT ALONG SAID BLDG LINE
TH S 02D 23M OBS W 85.09 FT ALONG THEE SIDE OF
A 4 IN WALL
TH N 87D 51M 37S W 111.67 FT ALONG THE SLY SIDE
OF SAID 5 STORY BLDG LINE
TH S 02D llM OlS W 7.87 FT
TH S 89D 48M llS W 549.04 FT ALONG THEN LINE OF
MICHIGAN AVE TO TH POB
CONTAINING 217056 SF (4.983 AC)
Page 1
ATTACHMENT B
CITY OF MUSKEGON
REVISED PLAT 1903
PART OF BLKS 467 AND 468 A,.~D ENTIRE BLK 474
TOGETHER WITH PART OF THE C & 0 RR R/W IN SAID BLK 467
VAC MICHIGAN AVE BET SAID BLKS 467 AND 474
THE 2 VAC ALLEYS IN SAID BLK 474
DESC AS
BEG ON THEN R/W LINE OF MICHIGAN AVE AT A POINT BEING N 89D 48M llS E 549.04 FT FROM
THE SW COR OF SAID BLK 468
TH N 02D llM OlS E 7,87 FT
TH S 87D 51M 37S E 111. 67 FT ALONG THE SLY LINE OF A 5 STORY BLDG
TH N 02D 23M 08S E 85.09 FT ALONG THEE SIDE OF A 4 IN WALL
TH S 87D 48M 59S E 28.01 FT ALONG THE NLY LINE OF SAID 5 STORY BLDG
TH N 02D llM OlS E 21.28 FT ALONG SAID BLDG
TH N 88D 38M 32S W 12.93 FT ALONG SAID BLDG LINE
TH N 00D 42M 58S E 57.92 FT ALONG SAID BLDG LINE
TH S88D 25M 41S E 8.43 FT ALONG SAID BLDG LINE
TH N 88D 25M 41S W 0.40 FT ALONG SAID BLDG LINE
TH N 01D 34M 19S E 0.30 FT ALONG SAID BLDG LINE
TH N 88D 25M 41S W 8.72 FT ALONG SAID BLDG LINE
TH N 00D 30M 20S E 24.63 FT
TH N 82D 30M 04S W 8.71 FT
TH S 00D 30M 20S W 9.53 FT
TH N 83D 24M 04S W 13.72 FT ALONG SAID 5 STORY BLDG LINE
TH N 09D 23M 07S E 9.68 FT ALONG SAID 5 STORY BLDG LINE
TH N 82D 30M 04S W 112.12 FT ALONG SAID BLDG LINE AND THE EXTENSION THEREOF
TH N 07D 28M 33S E 75.55 FT ALONG SAID BLDG LINE AND THE EXTENSION THEREOF
TH S 82D 42M 42S E 474.11 FT ALONG THE SLY R/W LINE OF WESTERN AVE
TH SOOD 01M 06S E 664.21 FT ALONG THEW R/W LINE OF DIVISION ST
TH S 89D 34M 02S W 476.58 FT ALONG THEN R/W LINE OF WASHINGTON AVE
TH N OOD 20M 35S W 414.17 FT ALONG THEE R/W LINE OF HUDSON ST
TH S89D 48M 11S W 1.29 FT ALONG THE S R/W LINE OF MICHIGAN AVE TO POB
CONTAINING 304,686 SF (6.995 AC)
Page 1
ATTACHMENT C
CITY OF MUSKEGON
THAT PART OF BLKS 466 & 475, VAC MICHIGAN AVE AND VAC CLAY AVE COM AT THE SW COR OF SD
BLK 475 FOR POB
TH N ALG THEE LINE OF DIVISION ST 337.47 FT
TH N 89 DEG 40 MIN 00 SEC E 427.35 FT TOW LINE OF HENRY ST
TH S 05 DEG 18 MIN 10 SEC W ALG SD W LINE 144.97 FT TO THE NE COR OF SD BLK 475
TH S 00 DEG 28 MIN 45 SEC W ALG SD W LINE 194.75 FT TO SECOR OF SD BLK 475
TH S 89 DEG 52 MIN 30 SEC W ALG S LINE OF SD BLK 412.33 FT TO POB
Page 1
Commission Meeting Date: September 24, 2002
Date: September 16, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cPJC:.,.
RE: Resolution Expanding the Whittaker Electric
Renaissance Zone to include the Seaway
Industrial Park and associated properties.
SUMMARY OF REQUEST: To approve the attached resolution granting
Renaissance Zone status to the Seaway Industrial Park and associated
properties.
FINANCIAL IMPACT: Approximate tax loss otf-19.0 associated with
Ernie's Car Lot.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the attached resolution.
COMMITTEE RECOMMENDATION:
ResolutionNo. 2002-108(c8)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING EXPANSION OF WHITTAKER ELECTRIC
RENAISSANCE ZONE
WHEREAS, pursuant to Public Act 376 of 1996, as amended, existing Round II Renaissance
Zones have been enabled to modify existing and create new sub-zones (up to 1O); and
WHEREAS, the City of Muskegon is committed to the economic growth and well being of its
residents; and
WHEREAS, the City of Muskegon is in agreement with the concepts of Renaissance Zones and
desires to utilize such zones for the revitalization of certain areas within the City; and
WHEREAS, the City of Muskegon has adopted a policy governing the expansion of existing and
the creation of new sub-zones; and
WHEREAS, the City of Muskegon desires to expand the Whittaker Electric Renaissance Zone;
and
WHEREAS, the City of Muskegon wishes to amend the boundaries of the Whittaker Electric
Sub-Zone to include the property commonly known as the Seaway Industrial Park
(including Ernie's Car Lot) and described on Exhibit A.
NOW THEREFORE BE IT RESOLVED, that the Muskegon City Commission hereby approves
the amendment of the Whittaker Electric Zone to include property commonly known as
the Seaway Industrial Park (including Ernie's Car Lot).
BE IT FURTHER RESOLVED, that the Muskegon City Commission, in accordance with
P.A. 376 of 1996, as amended, consents to the exemption of all taxes levied against all
property located within or persons residing within the Seaway Industrial Park (including
Ernie's Car Lot) property and is aware that the following estimated property tax revenue
forfeiture will result by placing said property in a Renaissance Zone during the first full
year of operation.
1) City of Muskegon: $ 795.38
2) Muskegon County: $ 540.43
3) Muskegon Community College: $ 176.00
4) Muskegon Area ISD: $ 220.26
5) Muskegon Public Schools: $1,977.79
C:\D0CUME-1\anguilm\LOCALS~1\Temp\AH1919.DOC
6) State School Aid Millage: $ 475.00
7) Total of All Jurisdictions: $4,184.86
Adopted this 24th day of September, 2002.
AYES: Buie I Gawron, Larson, Schwei fl er, Shepherd, Spataro; Warmington
NAYS: None
ABSENT: None
BY:
ATTEST:
I hereby certify that the foregoing constitutes a hue and complete copy of a resolution adopted
by the Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held
on September 24, 2002.
'J
\i:ltJ,J:{'"J
Gail Kundinger, Clerk
C:\DOCUME-1\anguilm\LOCALS~1\Temp\AH1919.DOC
EXHIBIT "A"
Lot 1, Block 1, Young & Williams Addition, as recorded inLiber 3 ofPlats; Page 39, Muskegon
County Records;
Lots 2 and 3, Block 1, Young and Williams Addition, as recorded in Liber 3 of Plats, Page 39,
Muskegon County Records;
Lots 4 and 5, Block I, Young and Williams Addition to the City of Muskegon Heights, as
recorded in Liber 3 of Plats, Page 39, Muskegon County Records;
Lot 6 Block 1, Young and Williams Addition City ofMuskegon;
Lot 7, Block 1, Young & Williams Addition to Muskegon Heights, as recorded in Liber 3 of
Plats, Page 39, Muskegon County Records;
Lot 10, Block 1, Map of Young and Williams Addition to Muskegon Heights, as recorded in
Liber 3 of Plats, Page 39, Muskegon County Records;
Lot 11, Block 1, Young & Williams Addition, as recorded in Liber 3 of Plats, Page 39,
Muskegon County Records; ·
Lots 12 and 13, Block I, Young and Williams Addition to Muskegon Heights, as recorded in
Liber 3 of Plats, Page 39, Muskegon County Records;
Lot 14, Block 1, Young and Williams Addition, as recorded in Liber 3 of Plats, Page 39,
Muskegon County Records;
Lots 5 and 6, Block 2 of Young and Williams Addition, as recorded in Liber 3 of Plats, Page 39,
Muskegon County Records;
Lot 9, Block 2, Young and Williams Addition to the City of Muskegon, as recorded in Liber 3 of
Plats, Page 39, Muskegon County Records;
The West 1/2 of Lots 1 and 2, Block 3, Young and Williams Addition, as recorded in Liber 3 of
Plats, Page 39; Muskegon County Records;
The East 84 feet of Lots 3 and 4 of Block 3, Young and Williams Addition, as recorded in Liber
3 of Plats, Page 39 Muskegon County Records;
C:\DOCUME~1\anguilm\LOCALS-1\}"emp\AH1919.DOC
The West 41 feet of Lots 3 and 4, Block 3, Young and Williams Addition, as recorded in Liber 3
of Plats, Page 39, Muskegon County Records;
The Westerly 55 feet of vacated Waalkes Street lying between Blocks 3 and 4 of young and
Williams Addition, as recorded in Liber 3 of Plats on Page 39, Muskegon County Records;
The East 1/2 of Lots 1 and 2, Block 3, Young and Williams Addition, as recorded in Liber 3 of
Plats on Page 3 9, Muskegon County Records;
Lots I and 2 of Block 4, Young and Williams Addition to the City of Muskegon, as recorded in
Liber 3 of Plats, Page 39, Muskegon County Records;
The East 65 feet of Lots 3 and 4, Block 4, Young and Williams Addition, as recorded in Liber 3
of Plats on Page 39, Muskegon County Records;
That part of the Southeast 1/4 of the Northwest fractional 1/4 of Section 31, Town 10 North,
Range 16 West, described as follows: Commencing at the Southwest comer of Young &
Williams Addition to the City of Muskegon Heights, as recorded in Liber 3 of Plats, Page 39, in
Muskegon County Records for point of beginning; thence South O degrees 00 minutes along the
West line of said Addition extended to the Northeasterly line of the Chesapeake & Ohio (now
CSX) Railroad right of way; thence re-commence at point of beginning; thence North O degrees
00 minutes 132 feet along the West line of said Young &Williams Addition; thence South 89
degrees 40 minutes West 219 .3 5 feet to said Easterly line of railroad right of way; thence South
33 degrees 26 minutes 30 seconds East along said Easterly line to the intersection of the first
described line;
The South 546 feet of that part of the Southeast 1/4 ofthe Northwest 1/4 of Section 31, Town 10
North, Range 16 West, that lies West of the Chesapeake & Ohio Railroad right of way; except
the West 631.07 feet thereof; and except the South 16.5 feet thereof;
Sec 31 T10NR16WE ½ ofNE ¼ ofNW ¼;
Sec 31 Tl ON Rl6W W426.07 ft ofS 546.5 ft of SE¼ ofNW ¼ Ex S 49.5 ft Thereof Exe Ely
200 ft & Exe Ely Com @ SW Cor of SE ¼ of NE ¼ of SD Sec for POB, Th N O Deg E 162 ft,
Th W 60 ft MIL to POB
C:\DOCUME-1\anguilm\LOCALS~1\Temp\AH1919.DOC.
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Commission Meeting Date: September 24, 2002
Date: September 18, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Development Agreement with West Michigan
Dock and Market
SUMMARY OF REQUEST: To approve the attached Development
Agreement with West Michigan Dock and Market.
Recent changes offered by Mart Dock include the commitment to a $1
million investment and the exclusion of portions of the parcel from
Renaissance Zone status, as illustrated in the attached map.
FINANCIAL IMPACT: If West Michigan Dock And Market fails to
develop the Mart Dock site in accordance with the development
agreement, it will pay a special assessment of $46,900 per year to the
City while the Renaissance Zone is in effect.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the attached development
agreement.
COMMITTEE RECOMMENDATION:
DEVELOPMENT AGREEMENT
CffY OF MUSKEGON RENAISSANCE ZONE
THIS IS AN AGREEMENT between the CITY OF MUSKEGON, a
municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49441 ("City")
and West Michigan Dock And Market, a _ _ _ _ _ company of 560 Mart
Street, Muskegon, Michigan.
Recitals:
A. The City has received an application from the Company and
intends to consider the location in a Renaissance Zone by the Company, and as
a condition thereof this Agreement must be approved and executed by the
Company prior to the establishment of the Renaissance Zone. Upon approval of
Renaissance Zone status for the Property, the City will sign this Agreement. The
City deems this Agreement to constitute a necessary element in the City's
determination regarding the location of Company in the Renaissance Zone, and
the City relies upon the undertakings of Company in the Agreement to allow and
to continue the Renaissance Zone status of the Company.
B. The Company intends to install the projects set forth in its
Application for Renaissance Zone location and approval. The Company
understands that the City relies upon the undertakings of the Company in the
Agreement to establish and to continue the Company's status as a Renaissance
Zone Company.
NOW THEREFORE THAT PARTIES AGREE:
1. DOCUMENTS ATTACHED. Included in this Agreement are the
following documents which have been collected and relied upon by
the parties:
1.1 The Application for Renaissance Zone Designation filed by
West Michigan Dock And Market Corporation.
1.2 Copy of the Renaissance Zone Act, as amended to date.
1.3 City of Muskegon Development Agreement Policy for
Expanding Existing or Establishing New Renaissance Sub-
Zones.
1.4 Exhibit containing Site/Building requirements for this project,
applying Article VII of the Development Agreement Policy.
1.5 Special assessment agreement.
C:\My DocumentslBensFinal Dev. MD.9.13.02.doc
2. COMPANY AGREEMENT. The Company agrees to the following
commitments which it shall perform in a timely and reasonably
acceptable manner.
2.1 Private investment in the amount of at least $1,000,000 within
two years from the property's designation of Renaissance Zone
status by the State of Michigan, or December 3 ·1, 2004,
whichever is later. Eligible costs that may count toward the
$1,000,000 investment include: infrastructure construction
related to projects outlined in the Renaissance Zone proposal;
improvements to existing structures on the property; new
commercial construction on the property except that no
expenditures for warehouse, storage or industrial operations
shall count as an eligible cost; and all professional services
relating to eligible projects including legal, engineering, planning
and similar costs. The proposed project, schedule and budget
follows:
2.1.1 Redevelopment along the west bay including the five-story
brick building (50,000 square feet) and the adjacent one story
brick building (20,000 square feet). Investment to include
commercial, office or residential and will be completed by
December 31, 2004.
Timetable: Within 90 days of a determination on the city
investments and receipt of Gibbs Marketing plan, but not later
than April 30,2003, submit to City a specific plan identifying
improvements to be constructed, the proposed use of those
improvements, and a construction schedule.
Budget Not less than $1,000,000
2.1.2 The above represent minimum private investment efforts
and in no way restricts the Mart Dock or others from greater
investments. The Mart Dock may reallocate the funds outlined
in 2.1.1. to other eligible onsite investments if a determination
on city investments is not made under the timetable noted. In
the event that city service is contracted to begin in the 2004
season, any reallocation of funds would be subject to the City's
approval.
C:\My Documents\Mart Docic Misc\Ren Zane\BensFinat Dev. MD.9.13.02.doc
2.2 The Company will provide the easement necessary for the
public access project as set forth in the Renaissance Zone
application, on the condition that the farmers market and/or
other projects involving city investment are in place.
2.3 The performance of all other undertakings set forth in the
application.
2.4Assurance and completion of the payment of all real and
personal property taxes due for all years prior to the creation of
the Renaissance Zone on the properties.
2.5Cooperation with City representatives to supply ail requested
and required documentation necessary in the City's reasonable
judgment to determine compliance with the undertakings set
forth in this Agreement and its attachments.
2.6The Company shall take all required precautions to avoid the
release of any hazardous substance in violation of any
environmental law on its premises, and shall report any releases
to the appropriate authority in a timely and complete manner.
Providing copies of said documents to the City. It shall comply
with all orders and actions of any governmental agency having
authority. The company would retain any rights and remedies
under the law.
2. ?The Company shall improve the properties and improvements,
as contemplated in Article VII of the Development Agreement
Policy, in accordance with the provisions of the Exhibit attached
covering Site/Building requirements. These requirements shall
be in addition to any zoning or site plan requirements of the
Planning Commission or City Commission.
3 AGREEMENT BY THE CITY. Provided this Agreement has been executed
and further provided all applications concerning Renaissance Zone status
have been properly filed, the City shall, in a timely manner, proceed with the
appropriate meetings or applications including as necessary the State of
Michigan Renaissance Zone Review Board, and with all local review entities
by law. The City may consider this agreement in a meeting separate from
C:\My Documents\Mart Dock Misc\Ren Zone\BensFinal Dev. MD.9.13.02.doc
and prior to the meeting in which the City or any entity considers the creation
of the district or approval of the applicant for Renaissance Zone status.
4 EVENTS OF DEFAULT. The following actions or failures to comply shall be
considered events of default by the Company.
4.1 Failure to meet any of the commitments set forth above.
4.2Failure to afford to the City the documentation and reporting
required.
4.3The failure to create or retain jobs, meet affirmative action goals
or expend the funds on equipment and improvements as
represented in the attachments within the times required
hereby. '
4.4 The bankruptcy or insolvency of the Company.
4.5 The failure to pay any taxes other than those exempted by the
Renaissance Zone Act, and the failure to pay any special
assessments levied on the Company's property timely after levy
or final appeal.
4.6The violation of any provisions, promises, commitments,
considerations or covenants of this Agreement.
5 REMEDIES ON DEFAULT. In the event of any of the above defaults the City
shall have the following remedies which it may invoke without notice, except
as may be reasonably required by the Company's rights to due process. The
amounts due by reason of the exercise of the remedies, shall be payable by a
special assessment as outlined in the attached Special Assessment
agreement.
5.1 In the event of default and after investigation of the facts and a
public hearing, the Company shall be immediately liable for the
amounts below, to be paid forthwith to the City, and the
Renaissance Zone status of the Company shall be revoked or
void, with the following consequences:
5.1.1 The Company shall begin making payments,
as outlined in the attached Special Assessment
agreement, to the City, the amount of $46,900
per year. The assessment will not be charged
during the first two years of Renaissance Zone
designation, pending substantial completion of
the proposed project. If substantial progress
C:\My Documents\BensFinal Oev. MD.9.13.02.doc
has not been made within those two years, the
Company shall be liable for payment of the
assessment for those two years plus future
year's assessments.
5.1.2 The Company shall pay to the State of
Michigan all amounts of the corporate income
tax which have been abated under the
Renaissance Zone Act, if any.
5.1.3 The Company shall immediately pay to the City
any corporate City income tax which have
been abated under the Renaissance Zone Act,
if any.
5.2 Failure to Install Improvements. In the event the improvements,
renovations and the equipment have not been substantially
completed or installed by the time set forth in the attachments,
the Special Assessment shall be paid to the City.
~Failure to Expend the Funds Represented. Whether or not the
installations have been completed, if the Company has not
expended the funds it has represented on its application that it
would invest for the installation of equipment, the Company
shall pay the Special Assessment to the City.
5.40ther Violations. For any material violations of this Agreement,
the City reserves the right to seek declaration by a court or
entity with authority that the Special Assessment shall be paid to
the City.
5.5Special Assessment. For any amount to be paid to the City as a
result of default by the Company, the Company consents that
the City shall have a personal action against the Company and
for the said amount, and in addition, cumulatively, and not by
election, the City shall have a special assessment lien on the
property of the Company, personal and real, located at the site,
for the collection of the amounts due as and in the manner of
property taxes.
5.6City Considerations for Determination in Matters of Default. The
City shall not unreasonably take any action which may result in
C:\My Documents\BensFinal Dev. MD.9.13.02.doc
invocation of the remedies above. It shall take the following
factors into consideration:
5.6.1 The economic conditions, if any, reasonably
known to the City, which are found to be
directly related to the default or circumstance
causing the proposed action by the City.
5.6.2 The performance of the Company in meeting
the commitments and requirements of the
Application, the submitted materials, and the
provisions of the Certificate and this
Agreement.
5.6.3 Whether the effect on the City's finances of the
Company's actions is material and substantial.
5.6.4 Whether the circumstances affecting the status
of the company was created by occurrences
beyond the control of the Company or could
have been avoided, and, in particular, whether
the Company could economically and feasibly
continue to perform as required by this
Agreement.
6 Governing Law. This Agreement shall be construed and enforced in
accordance with the laws of the State of Michigan applicable to contracts
made and to be performed within the State of Michigan, and in particular the
Renaissance Zone Act of the State, as amended.
7 Counterparts. This Agreement may be executed in one or more counterparts.
Notwithstanding such execution all such counterparts shall constitute one and
the same Agreement.
8 Benefits. This Agreement shall be binding upon and inure to the benefit of
the respective parties, their successors and personal representatives.
9 Effective Date. This Agreement shall be effective on the date the State of
Michigan grants the Renaissance Zone expansion.
C:\My Documents\BensFinal Dev. MD.9.13.02.doc
10 Invalidity. In the event any provision of this agreement is declared invalid by
a court or tribunal having competent jurisdiction, the remainder of the
agreement shall remain in full force and effect.
CITY OF MUSKEGON,
a municipal corporation
By----------
Stephen Warmington, Mayor
and _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Clerk
D a t e d : - - - - - - , 2002
Its anager
Dated: Seotember 17. 2002
C:\My Documenls\Bensfinal Dev. MD.9.13.02.doc
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WEST MICHIGAN DOCK & MARKET CORPORATION
/
September 16, 2002 RECEIVED
Honorable Mayor and City Commission s;:p 1 s 20oz
City Manager Bryon Mazade
City of Muskegon Mlilil'l11&vr-.
Ol!Y MANACIIR'I
933 Terrace Street OPFICI
P.O. Box 536
Muskegon, Mi. 49443
Ladies and Gentlemen:
Good Morning. During your review of the Renaissance Zone applications a variety of
questions and concerns have been raised. Attached please fmd a question and answer
memorandum that addresses those issues. Please take the time to review that materiel.
You will note three new items. First, Gibbs Planning, the City's consultant on the
waterfront marketing study has opined that Ren. Zone status for the Mart Dock is
appropriate to help "prime the pump" for redevelopment. In addition, Gibbs notes that
investment decisions on the property should be made after the results of the study are
available, not before the report has been completed.
Second, WMD proposes a specific location for redevelopment and a timetable for
additional decisions; whether the marketing study is completed or not, and whether
conclusions on the cross-lake ferry are reached on the schedule anticipated. WMD's
timetable is designed so there is a reasonable probability that the additional information
will be available, but the commitment is to move forward regardless.
Third, in order to address the issue of the competitive advantage provided by Ren Zones,
WMD agrees that the land and main buildings used to compete in the local market for
storage and warehousing be removed from consideration for Zone status. That area
includes the land primarily dedicated to industrial operations. With this change WMD
accepts the desire expressed by members of the Commission for partial Zone status.
Please see the attached sketch.
560 Mart Muskegon, Michigan 49440 Telephone (231) 722-6691 Fax (231) 726-6636
The following Q&A provides additional discussion. The Development Agreement to be
considered by the Commission on September 24 will reflect these modifications.
Following these additional substantive changes by West Michigan Dock, your favorable
consideration is requested.
Sincerely
Bif:
I. The Mart Dock is prime downtown waterfront property. It doesn't require
incentives to be successful.
a. Unfortunately the historic evidence does not support this conclusion. All
major projects in the downtown have received significant incentives in the
recent past, with a single exception. The Amazon is in a Ren. Zone and
received beneficial financing. GVSU is a public investment that also
received significant community donations. Heritage Landings is an
entirely public investment as is Hartshorne Marina. The Mall has
benefited from public investments in the past and will again. The Holiday
Inn was heavily subsidized with public debt. The Mart Dock's request is
pale considered next to the public investment in the Smart Zone, another
downtown waterfront property dealing with contamination issues. The
Shoreline Inn is the exception, but no member of the Commission has
pointed to it as a model business plan.
The firm contracted by the City to undertake a waterfront marketing study,
Gibbs Planning, has opined that Ren. Zone status for the Mart Dock is an
appropriate incentive to "prime the pump" for redevelopment. For further
response on this issue, please see #6 below.
2. There will already be a major public investment in the cross-lake feny, isn't that
enough?
While there may be a substantial public investment .if the ferry comes to
pass, that investment would be made for the benefit of and secured by
Lake Express, not the Mart Dock. It is true that the Mart Dock would
expect to benefit from the ferry's location, just as every other business in
downtown Muskegon. However it is clear that the public investment is a
result of the City's dealings with Lake Express, not the Mart Dock.
Since the very first discussion on the ferry lease 15 months ago, WMD has
proposed Ren. Zone status as a way to solve the financial problem of the
Muskegon terminal. Under the lease discussed, WMD will lease a
significant portion of the property and disrupt other ongoing business
operations for $60,000 per year. The cost of business disruption could
exceed that offsetting income from the City. During the first six years of
the lease that is the only significant income the Mart Dock would receive.
The Ren. Zone is a way for the Mart Dock to receive a reasonable return
on its risk and property while not raising the price for the terminal beyond
what the City can afford. It is an important hedge for Lake Express in
their new venture. It is a good solution to a difficult problem.
3. The Mart Dock does not have a specific business plan or building improvements
that it is committed to. What can we point to as the investment?
While that is a fair concern, the answer is also fair. Every investment
decision made by a public or private business will rely on incomplete
information. However, any good business decision will have as much
information as is humanly possible. We all know that additional
information will be available within 3-4 months on both the ferry and on
the marketing plan by Gibbs, already commissioned and underway. Gibbs
has suggested that investment decisions should wait. To force a decision
now, when additional information will be available in a short time, is to
force a potentially bad decision. That just doesn't make good sense.
However, having noted the above, the Development Agreement reflects a
commitment to redevelopment along the west bay, including the five-story
and adjacent one-story brick buildings. Detailed plans will be submitted
on a specific timetable. Without ferry service, reallocation of those funds
would be subject to the City's approval. Tilis change specifically
addresses concerns expressed by Commissioners.
4. An investment of only one million dollars is not enough to turn the corner on a
property the size of the Mart Dock. Why not more?
We agree that a million dollars is not enough to redevelop the entire
parcel. However it is a good start. If the ferry develops, if the Farmers
Market develops, if permits can be acquired for marina development, if
other investors can be attracted, if Ren. Zone incentives are as desirable in
the marketplace as anticipated; then the investments will be much larger.
That is a lot of"ifs" for the City to accept. From the Mart Dock
perspective, that is a lot of"ifs" to guarantee the investment of a million
dollars on, but that is what WMD has done. We all hope for more, but
that much new private investment is guaranteed, despite the "ifs".
5. Doesn '/ the Ren. Zone create an unfair competitive advantage for the Mart Dock
What about others in competitive businesses?
Of course it does, that is the nature of the incentive. But that is not true
for just the Mart Dock Zone, that is also true for the Amazon Zone, the
Mall Zone, the Shaw-Walker Zone, the industrial Zone, and every Ren.
Zone across the state. It is supposed to be an advantage just like every
other tax break or grant or public involvement in any private business
arrangement. It is supposed to work that way.
However, in recognition of specific concerns regarding storage and
warehouse businesses that might be affected, WMD has agreed that the
main warehouse and storage buildings on the property be excluded from
the Zone (see attached sketch). With this change, those portions of the
property with current redevelopment plans would remain in the Zone
while those portions of the property that directly compete in the local
market would be out of the Zone. This change solves that problem.
6. What about past stewardship on the property. Why reward that history?
This gets to the heart of the matter. What do we really expect from
business. The highest obligation, within moral and ethical standards, is to
stay in business, to generate a profit. Without that all other obligations,
from community involvement to paying taxes, are impossible. WMD has
been here for 70 years, creating jobs, contributing to the industrial base of
the community. That could continue for another 70 years.
But the community has expressed a desire that the Mart Dock change what
it is, away from the industrial base that has been profitable to a new
commercial and residential base. WMD is asked to give up what it knows
and has been successful at; and to become something different.
Something that it has no experience at, something that may or may not be
successful. Further, WMD has been asked and agreed to commit a major
investment in that new effort that will jeopardize and probably eventually
eliminate the economic base that has been successful for decades. It
would be easier to start from nothing, because then there is nothing to
lose. WMD would risk what it has already established to start over again.
WMD has agreed to take that risk, to jump in where it has not been before.
WMD has agreed to move beyond the industrial base that has been
successful. However, in order to have the best chance at success in this
new venture, WMD has asked for Ren. Zone status. If the Mart Dock is to
jump into new and unknown water, it is reasonable to ask the City's help
in providing those tools for success that are available.
7. Having said all that, there is still a long history between the Mart Dock and the
community. Maybe there just isn't enough trust yet.
Whether valid or not, there is probably plenty of mistrust to go around.
But if not now, when? When does it make sense to put the past in the
past? If the Ren. Zone is not established now, it never can be. These are
truly generational decisions. For good or for bad, they are yours to make.
With contracted guarantees in place, in the end the question is whether
Muskegon would be better or worse off if the Zone is granted. We believe
it would be better. We believe it is time to move forward.
West Michigan Dock & Market Corporation
SITE MAP MUSKEGON U\KE
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Commission Meeting Date: September 24, 2002
Date: September 18, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Consent Assessment Agreement with West
Michigan Dock and Market
SUMMARY OF REQUEST: To approve the attached Consent
Assessment with West Michigan Dock and Market.
Recent changes offered by Mart Dock include the commitment to a $1
million investment and the exclusion of portions of the parcel from
Renaissance Zone status as illustrated in the attached map.
FINANCIAL IMPACT: If West Michigan Dock And Market fails to
develop the Mart Dock site in accordance with the development
agreement, it will pay a special assessment of $46,900 per year to the
City while the Renaissance Zone is in effect.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the attached development
agreement.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
SPECIAL ASSESSl\ilENT ROLL
West Michfo:an Dock and Market Special Assessment District No. 1
The undersigned, pursuant to the direction of the City Commission, and based upon the
request and consent of West Michigan Dock and Market, hereby levies a special assessment on
the property described in Schedule "A" attached hereto. The following properties are hereby
assessed for the said costs:
OWNER PROPERTY NO. ASSESSMENT TOTAL
West Michigan Dock and Market 61-24-205-567-0002-00 $562,800
Corporation
Installment Payments. The annual principal installments shall be paid over a period of
twelve (12) years. Each said annual payment shall be made on or before February 15. If West
Michigan Dock and Market has fully complied with its obligations pursuant to the Development
Agreement for Renaissance Zone status between it and the City, executed on or about
September 24, 2002, this special assessment and the consent thereto is void. The payments
scheduled for February 15, 2003 and 2004 are waived pending West Michigan Docks
compliance with the terms of the Development Agreement. In the event West Michigan Dock is
in default under the terms of that agreement, the required special assessment shall be due and
payable in accordance with Schedule B, including amounts temporarily waived in 2003 and 2004
pending compliance with the Agreement.
Acceleration. In the event any annual installment is not timely paid, the entire balance of
the assessment, plus interest to accrue at 5% per annum, shall become immediately due and
payable. This provision shall apply to the annual installment of the original and unpaid
assessment.
Deposit and Investment of Assessment Payments. Assessment payments received shall
be held and used by the City in such funds as may be required by the Renaissance Zone Act.
C:\My Documents\Mart Dael< Misc\Ren Zone\Final special assessment.MD.doc
Certification
The above special assessment roll was confirmed on September_, 2002, at a regular
meeting held at the City Hall. 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.
Date: September ___, 2002 CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Its Clerk
Endorsement and Warrant
The above special assessment roll was confirmed on September__, 2002, and is
hereby endorsed. Warrant is hereby issued to the City Treasurer to collect same in accordance
with its terms.
Date: September __, 2002 CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ _ __
Stephen J. Warmington, Its Mayor
Consent to Special Assessment
The Special Assessment approved by the City Commission for the City of Muskegon is
being done based upon the request of West Michigan Dock and Market, owner of all property
described in Schedule A.
Its President
C:\My Documents\Flnal special assessment.MD.doc
SCHEDULE "A"
Property Description
C:\My Oocuments\Finar special assessment.MD.doc
ATTAC~lIENT A
CITY OF lVIUSKEGON REVISED PLAT OF 1903 LOT 9 BLK 563 ALSO THAT PART OF
THE CENTRAL WARF LYING NL Y OF SLY LINE OF SAID LOT 9 EXTD WL Y ALSO
PART OF LOT 2 BLK 567 LYING NWL Y OF A LINE BEG ON WL Y LINE TI-!lRD ST
965.75 FT NWL Y OF NE COR BLK 566 & RUNNING TH S 24 DEG 27 MIN W TO SW
LINE OF BLK 567 TO CENTER OF MUSKEGON LAKE ALSO PART OF LOT 2 BLK 567
BEG ON WLY COR LINE OF THIRD ST 858 ¼ FT NWLY OF NEL Y BLK 566 NL Y
ALONG THIRD ST 107 ½ FT S 24 DEG 27 MIN W 378.8 FT S 41 DEG 45 MINE 132.4 FT
NEL Y ALONG CURVE PAR TO GRAND TRUNK TRACKS TO POB ALSO ENTIRE BLK
569
C:\DOCUME-1\anguilm\LOCALS-1\Temp\A.H1890.OOC
'Nes( Mic:hi,gan Dock & Market Corpcration ATTACHMENT B
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SCHEDULE "B"
February 15, 2003 $46,900 (waived)
February 15, 2004 $46,900 (waived)
February 15, 2005 $46,900
February 15, 2006 $46,900
February 15, 2007 $46,900
February 15, 2008 $46,900
February 15, 2009 $46,900
February 15, 2010 $46,900
February 15, 2011 $46,900
February 15, 2012 $46,900
February 15, 2013 $46,900
February 15, 2014 $46,900
C:\My Documents\Final special assessment.MD.doc
CITY OF MUSKEGON
Resolution No. _ _ _ _ __
Resolution Confirming Special Assessment Roll for
West Michigan Dock and Market
The City Commission of the City of Muskegon hereby RESOLVES:
Having met on September _ _, 2002, at 5:30 p.m. at the City Commission Chambers
and no affected property owner having protested, and the City Commission having reviewed the
request of West Michigan Dock and Market, the property owners of all affected property, and the
City Commission having reviewed the special assessment roll;
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
That the special assessment roll presented for consideration by the Commission is hereby
adopted and confirmed.
The special assessment is hereby levied and the Mayor is directed by this resolution to
provide his warrant to the Assessor and to the City Treasurer for further proceeding.
This resolution adopted.
Ayes._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Nays _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Its Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on
September _ _, 2002. 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.
Gail A. Kundinger, Clerk
C:\My Documenls\Final special assessment.MD.doc
REQUEST FOR AMENDMENT TO SPECIAL ASSESSMENT ROLL
NOW COMES West Michigan Dock and Market, the owner of the Mart Dock, Parcel
Code 61-24-205-567-0002-00, and requests that the Special Assessment Roll dated September
_ _, 2002 (attached as Schedule "B"), be adopted and instruct and authorize the City Treasurer
with the advice of the City Assessor to allocate the assessment.
Its President
C:\My Documents\Flnal special assessmentMD.doc
Commission Meeting Date: September 24, 2002
Date: September 17, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Departmentc',l3C--
RE: Renaissance Zone for Mart Dock
SUMMARY OF REQUEST: To approve the attached resolution granting
Renaissance Zone status to the Mart Dock site.
FINANCIAL IMPACT: It is estimated that the general fund tax loss will
be about $7,000 and that DOA tax loss will be $14,000.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the attached development
agreement.
COMMITTEE RECOMMENDATION:
Resolution No. - - - -
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING EXPANSION OF AMAZON
RENAISSANCE ZONE
WHEREAS, pursuant to Public Act 376 of 1996, as amended, existing Round II Renaissance
Zones have been enabled to modify existing and create new sub-zones (up to IO); and
WHEREAS, the City of Muskegon is committed to the economic growth and well being of its
residents; and
WHEREAS, the City of Muskegon is in agreement with the concepts of Renaissance Zones and
desires to utilize such zones for the revitalization of certain areas within the City; and
WHEREAS, the City of Muskegon has adopted a policy governing the expansion of existing and
the creation of new sub-zones; and
WHEREAS, West Michigan Dock & Market Corporation has entered into a development
agreement with the City of Muskegon governing the expansion of the Amazon
Renaissance Zone; and
WHEREAS, the City of Muskegon wishes to amend the boundaries of the Amazon Sub-Zone to
include a portion of the property commonly known as the Mart Dock property, as
described in Attachment A, excluding the portion excepted on map Attachment B.
NOW THEREFORE BE IT RESOLVED, that the Muskegon City Commission hereby approves
the amendment of the Amazon Zone to include property commonly known as the Mart
Dock.
BE IT FURTHER RESOLVED, that the Muskegon City Commission, in accordance with
P.A. 3 76 of 1996, as amended, consents to the exemption of all taxes levied against all
property located within or persons residing within the Mart Dock property and is aware
that the following estimated property tax revenue forfeiture will result by placing said
property in a Renaissance Zone during the first full year of operation.
1) City of Muskegon: $10,300
2) Muskegon County: $ 6,100
3) Muskegon Community College: $ 2,350
4) Muskegon Area ISD: $ 2,800
5) Muskegon Public Schools: $16,000
C:\DOCUME~1\anguilm\LOCALS~1\Temp\AH1890.DOC
6) State School Aid Millage: $ 5,650
7) Total of All Jurisdictions: $43,200
Adopted this 24th day of September, 2002.
AYES:
NAYS:
ABSENT:
BY:
Stephen J. Warmington, Mayor
ATTEST:
Gail Knndinger, Clerk
I hereby ce1tify that the foregoing constitutes a true and complete copy of a resolution adopted
by the Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held
on September 24, 2002.
Gail Kundinger, Clerk
C:\DOCUME-1\angui!m\LOCALS~1\TemplAH1890.DOC
ATTACHMENT A
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 9 BLK 563 ALSO THAT PART OF
THE CENTRAL WARF LYING NL Y OF SLY LINE OF SAID LOT 9 EXTD WL Y ALSO
PART OF LOT 2 BLK 567 LYING NWL Y OF A LINE BEG ON WL Y LINE THIRD ST
965.75 FT NWL Y OF NE COR BLK 566 & RUNNING TH S 24 DEG 27 MIN W TO SW
LINE OF BLK 567 TO CENTER OF MUSKEGON LAKE ALSO PART OF LOT 2 BLK 567
BEG ON WL Y COR LINE OF THIRD ST 858 ¼ FT NWL Y OF NEL Y BLK 566 NL Y
ALONG THIRD ST 107 ½ FT S 24 DEG 27 MIN W 378.8 FT S 41 DEG 45 MINE 132.4 FT
NEL Y ALONG CURVE PAR TO GRAND TRUNK TRACKS TO POB ALSO ENTIRE BLK
569
C:\DOCUME~1\anguilm\LOCALS~1\TemplA.H1890.DOC
West Michigan Dock & Market Corporation ATTACHMENT B
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Commission Meeting Date: September 24, 2002
Date: September 24, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Development Agreement with the Downtown
Muskegon Development Corporation
SUMMARY OF REQUEST: To approve the attached Development
Agreement with the Downtown Muskegon Development Corporation.
FINANCIAL IMPACT: If Downtown Muskegon Development Corporation
fails to develop the Muskegon Mall site in accordance with the
development agreement, it will pay a special assessment of $40,000 per
year to the City while the Renaissance Zone is in effect.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the attached development
agreement.
Note: Attached is the revised copy of the Development agreement
with the Downtown Muskegon Development Corporation.
COMMITTEE RECOMMENDATION:
DEVELOPMENT AGREEMENT
CITY OF MUSKEGON RENAISSANCE ZONE
2002-108(c 12 )
THIS IS AN AGREEMENT between the CITY OF MUSKEGON, a
municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49441 ("City")
and Muskegon Downtown Development Corporation (Corporation).
Recitals:
A. The City has received an application from the Corporation and
intends to consider the location in a Renaissance Zone by the Corporation, and
as a condition thereof this Agreement must be approved and executed by the
Corporation prior to the establishment and location of the business in the
Renaissance Zone. Upon approval of Renaissance Zone status for the
Corporation, the City will sign this Agreement. The City deems this Agreement to
constitute a necessary element in the City's determination regarding the location
of Corporation in the Renaissance Zone, and the City relies upon the
undertakings of Corporation in the Agreement to allow and to continue the status
of Renaissance Zone Corporation.
8. The Corporation intends to install the project set forth in its
Application for Renaissance Zone location and approval. The Corporation
understands that the City relies upon the undertakings of the Corporation in the
Agreement to establish and to continue the Corporation's status as a
Renaissance Zone status of the Corporation.
NOW THEREFORE THE PARTIES AGREE:
1. DOCUMENTS ATTACHED. Included in this Agreement are the
following documents which have been collected and relied upon by
the parties:
1.1 The Application for Renaissance Zone Designation filed by
Muskegon Downtown Development Corporation.
1.2 Copy of the Renaissance Zone Act, as amended to date ..
1.3 City of Muskegon Development Agreement Policy for
Expanding Existing or Establishing New Renaissance Sub-
Zones.
1.4 Attached Special Assessment Agreement.
2. CORPORATION AGREEMENT. The Corporation agrees to the
following commitments, which it shall perform in a timely and
DEVELOPMENT AGREEMENT.Muskegon Mall.9.20.02
reasonably acceptable manner, upon ownership of the property by
the Corporation.
2.1 The improvement, to comply with all construction codes, of
the property commonly known as the Muskegon Mall.
Improvements shall consist of rehabilitation of existing
structures and/or construction of new structures for
commercial, housing, or office use, or a combination of these
uses.
2.2 Sale of either the entire parcel or significant portions of the
parcel with associated development agreements within two
years of acquiring ownership.
2.3 If the entire parcel or portions of the existing parcel are sold
to other Parties, Corporation agrees to include a
performance guarantee in its agreements with subsequent
purchasers.
2.4 The performance of all other undertakings set forth in the
application.
2.5 Cooperation with City representatives to supply all requested
and required documentation necessary in the City's
reasonable judgment to determine compliance with the
undertakings set forth in this Agreement and its attachments.
2.6 The Corporation shall take all required precautions to avoid
the release of any hazardous substance in violation of any
environmental law on its premises, and shall report any
releases to the appropriate authority in a timely and
complete manner. Providing copies of said documents to the
City. It shall comply with all orders and actions of any
governmental agency having authority.
DEVELOPMENT AGREEMENT.Muskegon Mall.9.20.02
2. 7 The Corporation shall improve the properties and
improvements, as contemplated in Article VI I of the
Development Agreement Policy, in accordance with the
provisions of the Exhibit attached covering Site/Building
requirements. These requirements shall be in addition to
any zoning or site plan requirements of the Planning
Commission or City Commission.
3. AGREEMENT BY THE CITY. Provided this Agreement has been
executed and further provided all applications concerning
Renaissance Zone status have been properly filed, the City shall, in
a timely manner, proceed with the appropriate meetings or
applications including as necessary the State of Michigan
Renaissance Zone Review Board, and with all local review entities
by law. The City may consider this agreement in a meeting
separate from and prior to the meeting in which the City or any
entity considers the creation of the district or approval of the
applicant for Renaissance Zone status.
4. EVENTS OF DEFAULT. The following actions or failures to comply
shall be considered events of default by the Corporation.
4.1 Failure to meet any of the commitments set forth above.
4.2 Failure to afford to the City the documentation and reporting
required.
4.3 The failure to create or retain jobs, meet affirmative action
goals or expend the funds on equipment and improvements
as represented in the attachments within the times required ,
hereby.
4.4 The bankruptcy or insolvency of the Corporation.
4.5 The failure to pay any taxes other than those exempted by
the Renaissance Zone Act, and the failure to pay any special
assessments levied on the Corporation's property timely
after levy or final appeal.
4.6 The violation of any provisions, promises, commitments,
considerations or covenants of this Agreement.
5. REMEDIES ON DEFAULT. In the event of any of the above
defaults the City shall have the following remedies which it may
invoke without notice, except as may be reasonably required by the
Corporation's rights to due process. The amounts due by reason of
DEVELOPMENT AGREEMENT.Muskegon Mall.9.20.02
the exercise of the remedies shall be immediately payable by the
Surety executing the performance guarantee required by this
agreement.
5.1 In the event of default and after investigation of the facts and
a public hearing, the Corporation shall be immediately liable
for the amounts below, to be paid forthwith to the City, and
the Renaissance Zone status of the Corporation shall be
revoked or void, with the following consequences:
5.1.1 Upon receiving ownership of the property, the
Company shall begin making payments, as outlined in
the attached Special Assessment agreement, to the
City, the amount of $40,000 per year. The
assessment will not be charged during the first two
years, pending substantial completion of the proposed
project. If substantial progress has not been made
within the first two years, the Corporation shall be
liable for payment of the assessment for those two
years plus future year's assessments.
5.1.2 The Corporation shall pay to the State of Michigan all
amounts of the corporate income tax which have
been abated under the Renaissance Zone Act, if any.
5.1.3 The Corporation shall immediately pay to the City any
corporate City income tax which have been abated
under the Renaissance Zone Act, if any.
5.2 Failure to Install Improvements. In the event the
improvements, renovations and the equipment have not
been completed or installed set forth in the applications, the
special assessment shall be paid to the City.
5.3 Failure to Expend the Funds Represented. Whether or not
the installations have been completed, if the Corporation has
not expended the funds ii has represented on its application,
if any, that it would invest, the special assessment shall be ·
paid to the City.
5.4 Other Violations. For any material violations of this
Agreement, the City reserves the right to seek declaration by
a court or entity with authority that the special assessment
shall be paid to the City.
DEVELOPMENT AGREEMENT.Muskegon Mall.9.20.02
5.5 Special Assessment. For any amount to be paid to the City
as a result of default by the Corporation, the Corporation
consents that the City shall have a personal action against
the Corporation for the said amount, and in addition,
cumulatively, and not by election, the City shall have a
special assessment lien on all the property of the
Corporation, personal and real, located in the City, for the
collection of the amounts due as and in the manner of
property taxes.
5.6 City Considerations for Determination in Matters of Default.
The City shall not unreasonably take any action which may
result in invocation of the remedies above. It shall take the
following factors into consideration:
5.6.1 The economic conditions, if any, reasonably known to
the City, which are found to be directly related to the
default or circumstance causing the proposed action
by the City.
5.6.2 The performance of the Corporation in meeting the
commitments and requirements of the Application, the
submitted materials, and the provisions of the
Certificate and this Agreement.
5.6.3 Whether the effect on the City's finances of the
Corporation's actions is material and substantial.
5.6.4 Whether the circumstances affecting the status of the
Corporation was created by occurrences beyond the
control of the Corporation or could have been
avoided, and, in particular, whether the Corporation
could economically and feasibly continue to perform
as required by this Agreement.
5.6.5 Whether the actions or requirements imposed by the
City caused the Corporation to be in default of
paragraph 2.2.
6. Governing Law. This Agreement shall be construed and enforced
in accordance with the laws of the State of Michigan applicable to
contracts made and to be performed within the State of Michigan,
and in particular the Renaissance Zone Act of the State, as
amended.
DEVELOPMENT AGREEMENT.Muskegon Mall.9.20.02
7. Counterparts. This Agreement may be executed in one or more
counterparts. Notwithstanding such execution all such counterparts
shall constitute one and the same Agreement.
8. Benefits. This Agreement shall be binding upon and inure to the
benefit of the respective parties, their successors and personal
representatives.
9. Effective Date. This Agreement shall be effective on the date the
State of Michigan approves the amendment to the City of
Muskegon/Muskegon Heights Renaissance Zone.
10. Invalidity. In the event any provision of this agreement is declared
invalid by a court or tribunal having competent jurisdiction, the
remainder of the agreement shall remain in full force and effect.
'-f::+"'1',h6n r ingtcm:,--M,~rr-'"
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and 1~tA,Jv'==' 1 ·'
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· Gail A. Kundinger, Clerk lJ
Dated: {)a,fabec 3, 2002
and _ _ _ _ _ _ _ _ _ __
Its _ _ _ _ _ _ _ __
DEVELOPMENT AGREEMENT.Muskegon Mall.9.20.02
Commission Meeting Date: September 24, 2002
Date: September 17, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department (f;C,
RE: Consent Assessment Agreement with the
Downtown Muskegon Development Corporation
SUMMARY OF REQUEST: To approve the attached Consent
Assessment with the Downtown Muskegon Development Corporation.
FINANCIAL IMPACT: If Downtown Muskegon Development Corporation
fails to develop the Muskegon Mall site in accordance with the
development agreement, it will pay a special assessment of $40,000 per
year to the City while the Renaissance Zone is in effect.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the attached consent
assessment agreement.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
SPECIAL ASSESSMENT ROLL
2002-108(c 13 )
Downtown Muskegon Development Co. Special Assessment District No. 1
The undersigned, pursuant to the direction of the City Commission, and based upon the
request and consent of Downtown Muskegon Development Co., hereby levies a special
assessment on the property described in Schedule "A" attached hereto. The following properties
are hereby assessed for the said costs:
OWNER PROPERTY NO. ASSESSMENT
Downtown Muskegon Development Co. 61-24-205-309-0001-00 $480,000 (Total)
Installment Payments. The annual principal installments shall be paid over a period of
twelve (12) years. Each said annual payment shall be made on or before February 15. If
Downtown Muskegon Development Co has fully complied with its obligations pursuant to the
Development Agreement for Renaissance Zone status between it and the City, executed on or
about
September __l_i, 2002, this special assessment and the consent thereto is void. The payments
scheduled for February 15, 2003 and 2004 are waived pending Downtown Muskegon
Development Co.' s compliance with the terms of the Development Agreement. In the event
Downtown Muskegon Development Co. is in default under the terms of that agreement, the
required special assessment shall be due and payable in accordance with Schedule B, including
amounts temporarily waived in 2003 and 2004 pending compliance with the Agreement.
Acceleration. In the event any annual installment is not timely paid, the entire balance of
the assessment, plus interest to accrue at 5 % per annum, shall become immediately due and
payable. This provision shall apply to the annual installment of the original and unpaid
assessment.
Deposit and Investment of Assessment Payments. Assessment payments received shall
be held and used by the City in such funds as may be required by the Renaissance Zone Act.
C:\windows\TEMP\Final special assessment.Mall.doc
Certification
The above special assessment roll was confirmed on September li_, 2002, at a regular
meeting held at the City Hall. 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.
Date: September sfl!f_, 2002 CITY OF MUSKEGON
d I') i
By ' '. ~L ~- ~cdh,;n<l/l,s.)
Gail A. Kundinger, Its Clerk 0
Endorsement and Warrant
The above special assessment roll was confirmed on September ---1.i_, 2002, and is
hereby endorsed. Warrant is hereby issued to the City Treasurer to collect same in accordance
with its terms.
Date: September A:f__, 2002 CITY OF MUSKEGON
Consent to Special Assessment
The Special Assessment approved by the City Commission for the City of Muskegon is
being done based upon the request of Downtown Muskegon Development Co., owner of all
property described in Schedule A.
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SCHEDULE "A"
Property Description
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ATTACHMENT A
CITY OF MUSKEGON
REVISED PLAT OF 1903
MUSKEGON MALL PROPERTY.
THAT PART OF
BLK 309, BLK 310, BLK 311,.
BLK.312, BLK 559, BLK 560,
BLK 561, BLK 564,
AND BLK 565 OESC AS
ENTIRE BLK 309
LYING WLY OF WLY LINE TERllACE ST AS RELOCATED ·
(WLY LINE OF TERllACE ST RELOCATED OESC AT END OF DESC)
INCLUDING E/W AND N/S ALLEYS VACATED IN SD BLK
ALSO BLK 310· LOTS l TO 11 INCLUSIVE
ANO NLY l/2 OF VAC E/W ALLEY ADJ THERE TO
AND LOT 18 AND SLY l / 2 OF E/W. ALLEY ADJ TllERE TO SD BLK 310
ALSO ENTIRE BLK 311 EXC E/W l\LLEY IN SD BLK
ALSO ENTIRE BLK 312 INCLUDING ALL VAC ALLEYS IN SD BLK
ALSO LOTS 7 TO 16 INCLUSIVE BLK 559
LYING SLY OF MORRIS ST AND llLY OF TERRACE ST· AS RELOCATED
(SEE DESCRIPTION OF MORRIS/TERRACE BELOW)· ..
ALSO ENTIRE BLK 560 INCLUDING VAC ALLEY IN SD BLK.
ALSO LOTS 3 TO 15 ELK 561 LYING SELY OF SELY LINE MORRIS ST
AND SELY 1/2 OF VAC 18 FT ALLEY TBAT RUNS SW TO NE. IN SD BLK 561
ALSO LOTS l ANO 2 AND LOT 7 AND LOTS 8 TO 13 INCLUSIVE ELK 564
ALSO LOTS l TO 18 INCLUSIVE BLK 565
AND ENTIRE VAC ALLEY ADJ TO LOTS 3 TO 15 INCLUSIVE SD BLK 565
ALSO INCL ENTIRE VAC i'IESTERN AVE
ELY OF 3RD ST AND WLY OF TEIU1ACE ST AS RELOCATED
ALSO INCL ·VAC JEFFERSON ST N OF CLAY AVE
ALSO INCL VAC JEFFERSON ST N OF WESTERN AVE
AND S OF MORRIS. AVE
ALSO INCL VAC MARKET ST WLY OF TERRACT ST (RELOCATED) AND ELY OF A LINE OESC AS BEG AT
SECOR LOT 2 BLK 561
T.H SELY ALO E LINE SD LOT 2 IF E.'!TENOED 33 FT
T.H SWLY ALG C/L OF MARKET ST
TO INTERSECTION WIT.H WESTERN AVE FOR POE OF SD LINE
ALSO INCL SWLY 1/2 OF VAC 1ST ST
ADJ TO LOTS 13 H AND ALLEY IN BLK 311
ALSO INCL ENTIRE VAC FIRST STREET
LYING N OF NLY ALLEY SD BLK 311
AND S OF A LINE DESC AS
COM AT NE COR LOT 13 BLK 564
TR NE ALONG EXTENTION OF N LINE SD LOT 13 10 FT M/L
TR S 86D QOM OOS E 5.66 FT
TR S 41D 33M 00S E 43.1 FT
TR S 86D OOM OOS E 17.9 FT
TH N 49D OOM 005 E 199.83 FT TO POE OF SD LINE
. AI.so INCL THAT PART OF 2ND ST
LYING SLY.OF SLY LINE OF ALLEY IN BLK 565
IF EXTENDED ELY TO NW COR LOT 8 BLK 564
ALSO INCL THAT PART OF SWLY 1/2 OF 2ND .ST
ADJ TO LOT 18 BLK 565 AND LOT·. ~ BLK 564
(RELOCATED LINES OF MORRIS AVENUE AND TERRACE ST IS AS FOLLOWS:
COM AT SW CCR _LOT 19 BLK 309 .
TR NELY ALG N LINE CLAY AVE 338. 40 FT FOR POB
OF WLY ·LINE TERRACE ST .
TH N 34D OlM 00S W ·190. 25 FT
TH NWLY ALG SWLY LINE. TERllACE ST
ON ARC OF 482. 50 FT RAD CURVE TO LEFT .221.25 FT
(LONG CHORD SEARS N SOD 40M W 219.27 F.T)
TH N 63D 48M W ALG SWLY LINE TERRACE ST 284. 90 FT
Page 1 ·
ATTACHMENT' A .(cont ).
TH N 63D 48M W ALG SWLY LINE TERRACE ST .211. 8 0 FT
. TH liLY ALG ARC OF 82 FT RAD CURVE TO LEFTl28. 4 7 FT
(LONG CHORD BEARING S 71D 19M W 115. 73 FT
TO SELY LINE MORRIS AVE)
AND POE OF liLY LINE TERRACE ST RELOCATED
'
'
Page 2
SCHEDULE "B"
February 15, 2003 $40,000 (waived)
February 15, 2004 $40,000 (waived)
February 15, 2005 $40,000
February 15, 2006 $40,000
February 15, 2007 $40,000
February 15, 2008 $40,000
February 15, 2009 $40,000
February 15, 2010 $40,000
February 15, 2011 $40,000
February 15, 2012 $40,000
February 15, 2013 $40,000
February 15, 2014 $40,000
C:\windows\TEMP\Final special assessment.Mall.doc
CITY OF MUSKEGON
Resolution No. 2002-108 ( c 13)
Resolution Confirming Special Assessment Roll for
Downtown Muskegon Development Co.
The City Commission of the City of Muskegon hereby RESOLVES:
Having met on September~ 2002, at 5:30 p.m. at the City Commission Chambers
and no affected property owner having protested, and the City Commission having reviewed the
request of Downtown Muskegon Development Co., the property owners of all affected property,
and the City Commission having reviewed the special assessment roll;
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
That the special assessment roll presented for consideration by the Commission is hereby
adopted and confirmed.
The special assessment is hereby levied and the Mayor is directed by this resolution to
provide his warrant to the Assessor and to the City Treasurer for further proceeding.
This resolution adopted.
Ayes Larson, Schweifler, Shepherd, Spataro, Buie, Gawron
Nays None
CITY OF MUSKEGON
;..,~ n, , / .
!~ .~ ',i/'
By ,~tJL ' C ~.,.,k,~, 11,,.)
Gail A. Kundinger, Its Clerk ,
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on
September .1.1_, 2002. 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.
l:JcL~t, Q.
~r'.~""•<V~
Gail A. Kundinger, Clerk lJ
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REQUEST FOR AMENDMENT TO SPECIAL ASSESSMENT ROLL
NOW COMES Downtown Muskegon Development Co., the owner of
_ _ _ _ _ _ _ _ _ _ _ _ _, and requests that the Special Assessment Roll dated
September -1.i_, 2002 (attached as Schedule "B "), be adopted and instruct and authorize the City
Treasurer with the advice of the City Assessor to allocate the assessment.
C:\windows\TEMP\Fina! special assessment.Mall.doc
Commission Meeting Date: September 24, 2002
Date: September 18, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Development Agreement with the Archimedes
Group-Medical Arts LLC.
SUMMARY OF REQUEST: To approve the attached Development
Agreement with the Archimedes Group-Medical Arts LLC.
FINANCIAL IMPACT: If Archimedes Group-Medical Arts LLC fails to
develop the Medical Arts building in accordance with the development
agreement, it will pay a special assessment of $14,000 per year to the
City while the Renaissance Zone is in effect.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To not approve the attached
development agreement. Michigan Economic Development Corporation
staff has recommended approval of the Muskegon Mall Renaissance
Zone, with the condition that the Medical Arts building be removed.
COMMITTEE RECOMMENDATION:
DEVELOPMENT AGREEMENT
CITY OF MUSKEGON RENAISSANCE ZONE
ZOOZ-108(c 14 )
THIS IS AN AGREEMENT between the CITY OF MUSKEGON, a
municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49441 ("City")
and The Archimedes Group- Medical Arts LLC , a limited liability company of
525 W. Norton, Muskegon, Michigan.
Recitals:
A. The City has received an application from the Company and
intends to consider the location in a Renaissance Zone by the Company, and as
a condition thereof this Agreement must be approved and executed by the
Company prior to the establishment of the Renaissance Zone. Upon approval of
Renaissance Zone status for the Property, the City will sign this Agreement. The
City deems this Agreement to constitute a necessary element in the City's
determination regarding the location of Company in the Renaissance Zone, and
the City relies upon the undertakings of Company in the Agreement to allow and
to continue the Renaissance Zone status of the Company.
B. The Company intends to install the projects set forth in its
Application for Renaissance Zone location and approval. The Company
understands that the City relies upon the undertakings of the Company in the
Agreement to establish and to continue the Company's status as a Renaissance
Zone Company.
NOW THEREFORE THAT PARTIES AGREE:
1. DOCUMENTS ATTACHED. Included in this Agreement are the
following documents which have been collected and relied upon by
the parties:
1.1 The Application for Renaissance Zone Designation filed by
The Archimedes Group- Medical Arts LLC.
1.2 Copy of the Renaissance Zone Act, as amended to date.
1.3 City of Muskegon Development Agreement Policy for
Expanding Existing or Establishing New Renaissance Sub-
Zones.
1.4 Exhibit containing Site/Building requirements for this project,
applying Article VII of the Development Agreement Policy.
1.5 Special assessment agreement.
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2. COMPANY AGREEMENT. The Company agrees to the following
commitments which it shall perform in a timely and reasonably
acceptable manner.
2.1 Private investment in the amount of at least $885,000 within
three years from the property's designation of Renaissance
Zone status by the State Of Michigan.
2.1.1 Eligible costs which may count toward the $885,000
investment include: Improvements to existing
structure on the property, and any other costs agreed
upon by the City and the applicant. Ineligible items
include maintenance costs and demolition costs.
2.1.2 Minimum investment amounts per year are agreed to
be: Year 2003 $300,000
Year 2004 $250,000
Year2005 $250,000
2.2 The performance of all other undertakings set forth in the
application.
2.3 Assurance and completion of the payment of all real and
personal property taxes due for all years prior to the creation
of the Renaissance Zone on the properties.
2.4 Cooperation with City representatives to supply all requested
and required documentation necessary in the City's
reasonable judgment to determine compliance with the
undertakings set forth in this Agreement and its attachments.
2.5 The Company shall take all required precautions to avoid the
release of any hazardous substance in violation of any
environmental law on its premises, and shall report any
releases to the appropriate authority in a timely and
complete manner. Providing copies of said documents to the
City. It shall comply with all orders and actions of any
governmental agency having authority. The company would
retain any rights and remedies under the law.
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2.6 The Company shall improve the properties and
improvements, as contemplated in Article VI I of the
Development Agreement Policy, in accordance with the
provisions of the Exhibit attached covering Site/Building
requirements. These requirements shall be in addition to
any zoning or site plan requirements of the Planning
Commission or City Commission.
3. AGREEMENT BY THE CITY. Provided this Agreement has been
executed and further provided all applications concerning
Renaissance Zone status have been properly filed, the City shall, in
a timely manner, proceed with the appropriate meetings or
applications including as necessary the State of Michigan
Renaissance Zone Review Board, and with all local review entities
by law. The City may consider this agreement in a meeting
separate from and prior to the meeting in which the City or any
entity considers the creation of the district or approval of the
applicant for Renaissance Zone status.
4. EVENTS OF DEFAULT. The following actions or failures to comply
shall be considered events of default by the Company.
4.1 Failure to meet any of the commitments set forth above.
4.2 Failure to afford to the City the documentation and reporting
required.
4.3 The failure to create or retain jobs, meet affirmative action
goals or expend the funds on equipment and improvements
as represented in the attachments within the times required
hereby.
4.4 The bankruptcy or insolvency of the Company.
4.5 The failure to pay any taxes other than those exempted by
the Renaissance Zone Act, and the failure to pay any special
assessments levied on the Company's property timely after
levy or final appeal.
4.6 The violation of any provisions, promises, commitments,
considerations or covenants of this Agreement.
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5. REMEDIES ON DEFAULT. In the event of any of the above
defaults the City shall have the following remedies which it may
invoke without notice, except as may be reasonably required by the
Company's rights to due process. The amounts due by reason of
the exercise of the remedies, shall be payable by a special
assessment as outlined in the attached Special Assessment
agreement.
5.1 In the event of default and after investigation of the facts and
a public hearing, the Company shall be immediately liable for
the amounts below, to be paid forthwith to the City, and the
Renaissance Zone status of the Company shall be revoked
or void, with the following consequences:
5.1.1 The Company shall begin making payments, as
outlined in the attached Special Assessment
agreement, to the City, the amount of $14,000 per
year. The assessment will not be charged during the
first three years of Renaissance Zone designation,
pending substantial completion of the proposed
project. If substantial progress has not been made
within those three years, the Company shall be liable
for payment of the assessment for those three years
plus future year's assessments.
5.1.2 The Company shall pay to the State of Michigan all
amounts of the corporate income tax which have
been abated under the Renaissance Zone Act, if any.
5.1.3 The Company shall immediately pay to the City any
corporate City income tax which have been abated
under the Renaissance Zone Act, if any.
5.2 Failure to Install Improvements. In the event the
improvements, renovations and the equipment have not
been substantially completed or installed by the time set
forth in the attachments, the Special Assessment shall be
paid to the City.
5.3 Failure to Expend the Funds Represented. Whether or not
the installations have been completed, if the Company has
not expended the funds it has represented on its application
that it would invest for the installation of equipment, the
Company shall pay the Special Assessment to the City.
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5.4 Other Violations. For any material violations of this
Agreement, the City reserves the right to seek declaration by
a court or entity with authority that the Special Assessment
shall be paid to the City.
5.5 Special Assessment. For any amount to be paid to the City
as a result of default by the Company, the Company
consents that the City shall have a personal action against
the Company and for the said amount, and in addition,
cumulatively, and not by election, the City shall have a
special assessment lien on all the property of the Company,
personal and real, located in the City, for the collection of the
amounts due as and in the manner of property taxes.
5.6 City Considerations for Determination in Matters of Default.
The City shall not unreasonably take any action which may
result in invocation of the remedies above. It shall take the
following factors into consideration:
5.6.1 The economic conditions, if any, reasonably known to
the City, which are found to be directly related to the
default or circumstance causing the proposed action
by the City.
5.6.2 The performance of the Company in meeting the
commitments and requirements of the Application, the
submitted materials, and the provisions of the
Certificate and this Agreement.
5.6.3 Whether the effect on the City's finances of the
Company's actions is material and substantial.
5.6.4 Whether the circumstances affecting the status of the
company was created by occurrences beyond the
control of the Company or could have been avoided,
and, in particular, whether the Company could
economically and feasibly continue to perform as
required by this Agreement.
6. Governing Law. This Agreement shall be construed and enforced
in accordance with the laws of the State of Michigan applicable to
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contracts made and to be performed within the State of Michigan,
and in particular the Renaissance Zone Act of the State, as
amended.
7. Counterparts. This Agreement may be executed in one or more
counterparts. Notwithstanding such execution all such counterparts
shall constitute one and the same Agreement.
8. Benefits. This Agreement shall be binding upon and inure to the
benefit of the respective parties, their successors and personal
representatives.
9. Effective Date. This Agreement shall be effective on the date the
State of Michigan grants the Renaissance Zone expansion.
10. Invalidity. In the event any provision of this agreement is declared
invalid by a court or tribunal having competent jurisdiction, the
remainder of the agreement shall remain in full force and effect.
CITY OF MUSKEGON,
a municipal corporation
By----------
Stephen Warmington, Mayor
and _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Clerk
Dated: - - - - - - , 2002
Archimedes Group- Medical Arts LLC
By _ _ _ _ _ _ _ _ _ __
Its _ _ _ _ _ _ _ __
and _ _ _ _ _ _ _ _ _ __
Its _ _ _ _ _ _ _ __
D a t e d : - - - - - - , 2002
C:\windows\TEMP\Final Dev. Medarts.9.13.02.doc
Proposed Mall Renaissance Zone
Including Medical Arts building
if; '
. . . .. ..~Q,~ ~
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~ ~ ~ ~ [ i [ l f l l ' ~ tl, l
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\IA~~ //2,A~~wAA~AA~AA~M~bibElr
W<:.W- E
s
Commission Meeting Date: September 24, 2002
Date: September 18, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Consent Assessment Agreement with the
Archimedes Group-Medical Arts LLC.
SUMMARY OF REQUEST: To approve the attached Consent
Assessment Agreement with the Archimedes Group-Medical Arts LLC.
FINANCIAL IMPACT: If Archimedes Group-Medical Arts LLC fails to
develop the Medical Arts building in accordance with the development
agreement, it will pay a special assessment of $14,000 per year to the
City while the Renaissance Zone is in effect.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To not approve the attached special
assessment agreement. Michigan Economic Development Corporation
staff has recommended approval of the Muskegon Mall Renaissance
Zone, with the condition that the Medical Arts building be removed.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
SPECIAL ASSESSMENT ROLL
2002-108(c 15 )
Archimedes - Medical Arts. Special Assessment District No. 1
The undersigned, pursuant to the direction of the City Commission, and based upon the
request and consent of Archimedes Group- Medical Arts LLC, hereby levies a special
assessment on the property described in Schedule "A" attached hereto. The following properties
are hereby assessed for the said costs:
OWNER PROPERTY NO. ASSESSMENT
Archimedes Group - Medical Arts LLC 61-24-205-327-0001-00 $168,000 Total
Installment Payments. The annual principal installments shall be paid over a period of
twelve (12) years. Each said annual payment shall be made on or before February 15. If
Archimedes Group -Medical Atts LLC has fully complied with its obligations pursuant to the
Development Agreement for Renaissance Zone status between it and the City, executed on or
about
September l__lL, 2002, this special assessment and the consent thereto is void. The payments
scheduled for February 15, 2003, 2004, and 2005 are waived pending Archimedes Group-
Medical Arts LLC's compliance with the terms of the Development Agreement. In the event
Archimedes Group- Medical Arts LLC is in default under the terms of that agreement, the
required special assessment shall be due and payable in accordance with Schedule B, including
amounts temporarily waived in 2003, 2004, and 2005 pending compliance with the Agreement.
Acceleration. In the event any annual installment is not timely paid, the entire balance of
the assessment, plus interest to accrue at 5 % per annum, shall become immediately due and
payable. This provision shall apply to the annual installment of the original and unpaid
assessment.
Deposit and Investment of Assessment Payments. Assessment payments received shall
be held and used by the City in such funds as may be required by the Renaissance Zone Act.
C:\WINDOWS\Desktop\Med Arts\Final special assessment.Mall.medarts.doc
Certification
The above special assessment roll was confirmed on September 1.±_, 2002, at a regular
meeting held at the City Hall. 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.
Date: September _ _, 2002 CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Its Clerk
Endorsement and Wanant
The above special assessment roll was confirmed on September -1!_, 2002, and is
hereby endorsed. Warrant is hereby issued to the City Treasurer to collect same in accordance
with its terms.
Date: September _ _, 2002 CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ _ __
Stephen J. Warmington, Its Mayor
Consent to Special Assessment
The Special Assessment approved by the City Commission for the City of Muskegon is
being done based upon the request of Archimedes Group- Medical Arts LLC, owner of all
property described in Schedule A.
By_ _ _ _ _ _ _ _ _ _ _ __
Its - - - - - - - - - - -
C:\WINDOWS\Desktop\Med Arts\Final special assessment.Mall.medarts.doc
SCHEDULE "A"
Property Description
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 1 & 2 BLK 327 MEDICAL
ARTS CENTER; and
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 3 BLOCK 327
SCHEDULE "B"
February 15, 2003 $14,000 (waived)
February 15, 2004 $14,000 (waived)
February 15, 2005 $14,000 (waived)
February 15, 2006 $14,000
February 15, 2007 $14,000
February 15, 2008 $14,000
February 15, 2009 $14,000
February 15, 2010 $14,000
February 15, 2011 $14,000
February 15, 2012 $14,000
February 15, 2013 $14,000
February 15, 2014 $14,000
C:\WJNDOWS\Desktop\Med Arts\Final special assessment.Mall.medarts.doc
CITY OF MUSKEGON
Resolution No. - - - - - -
Resolution Confirming Special Assessment Roll for
Archimedes Group- Medical Arts LLC
The City Commission of the City of Muskegon hereby RESOLVES:
Having met on September 1.L_, 2002, at 5:30 p.m. at the City Commission Chambers
and no affected property owner having protested, and the City Commission having reviewed the
request of Archimedes Group- Medical Arts LLC, the property owners of all affected property,
and the City Commission having reviewed the special assessment roll;
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
. That the special assessment roll presented for consideration by the Commission is hereby
adopted and confirmed.
The special assessment is hereby levied and the Mayor is directed by this resolution to
provide his warrant to the Assessor and to the City Treasurer for further proceeding.
This resolution adopted.
Ayes._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ : _ _ - - ' - - - - - - - - -
Nays _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Its Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on
September ..2.4.__, 2002. 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.
Gail A. Kundinger, Clerk
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REQUEST FOR AMENDMENT TO SPECIAL ASSESSMENT ROLL
NOW COMES Archimedes Group-Medical Arts LLC, the owner of315 West Clay (61-
24-205-327-000I-00), and requests that the Special Assessment Roll dated September~,
2002 (attached as Schedule "B"), be adopted and instruct and authorize the City Treasurer with
the advice of the City Assessor to allocate the assessment.
By_ _ _ _ _ _ _ _ _ _ _ __
Its - - - - - - - - - - - -
C:\WINDOWS\Desktop\Med Arts\Final special assessment.Mall.medarts.doc
Commission Meeting Date: September 24, 2002
Date: September 18, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Resolution Granting Renaissance Zone status to
the Muskegon Mall and-Associated-properties-
SUMMARY OF REQUEST: To approve the attached resolution granting
Renaissance Zone status to the Muskegon Mall aAEl--asseeiatecl-
-P~opeFtieS:-
FINANCIAL IMPACT: It is estimated that the tax loss to the City will be
about $9,800 per year for the Mall itself and about $800 for the Medical
Arts building.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the attached resolution but to
exclude the Medical Arts building .
COMMITTEE RECOMMENDATION:
Resolution No. 2002-108( c 16 )
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING CREATION OF THE MUSKEGON MALL
RENAISSANCE ZONE
WHEREAS, pursuant to Public Act 376 of 1996, as amended, existing Round II
Renaissance Zones have been enabled to modify existing and create new sub-
zones (up to 10); and
WHEREAS, the City of Muskegon is committed to the economic growth and well being
of its residents; and
WHEREAS, the City of Muskegon is in agreement with the concepts of Renaissance
Zones and desires to utilize such zones for the revitalization of certain areas
within the City: and
WHEREAS, the City of Muskegon has adopted a policy governing the expansion of
existing and the creation of new subzones; and
WHEREAS, Downtown Muskegon Development Co. has entered into a development
agreement with the City of Muskegon governing the creation of the Muskegon
Mall Renaissance Zone; and
WHEREAS, the City of Muskegon wishes to establish the boundaries of the Muskegon
Mall Zone to include property commonly known as the Muskegon Mall, property
to wit:
Muskegon Mall
Attachment A
NOW THERFORE BE IT RESOLVED, that the Muskegon City Commission hereby
approves the establishment of the Muskegon Mall Zone to include property
commonly known as the Muskegon Mall.
BE IT FURTHER RESOLVED, that the Muskegon City Commission, in accordance
with P.A. 376 of 1996, as amended, consents to the exemption of all taxes levied
against all property located within or persons residing within the Muskegon Mall
property and is aware that the following estimated property tax revenue forfeiture
will result by placing said property in a Renaissance Zone during the first full year
of operation.
Muskegon Mall
1) City of Muskegon $10,000
2) Muskegon County $6,500
3) Muskegon Community College $2,200
4) Muskegon Area ISD $2,700
5) Muskegon Public Schools $18,000
6) State School Aid Millage $6,000
7) Total of all jurisdictions $45,400
Adopted this 24th day of September, 2002.
AYES: Shepherd, Spataro, Warmington, Buie, Gawron, Larson, Schweifler
NAYS: None
ABSENT: None
Attest: .JS!~~~~~~~ag,~
Gail Kundinger, Clerk
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular
meeting held on September 24, 2002.
ATTACHMENT A
CITY OF MUSKEGON
REVISED PLAT OF 1903
MUSKEGON MALL PROPERTY
THAT PART OF
BLK 309, BLK 310, BLK 311,
BLK 312, BLK 559, BLK 560,
BLK 561, BLK 564,
AND BLK 565 DESC AS
ENTIRE BLK 309
LYING WLY OF WLY LINE TERRACE ST AS RELOCATED
(WLY LINE OF TERRACE ST RELOCATED DESC AT END OF DESC)
INCLUDING E/W AND N/S ALLEYS VACATED IN SD BLK
ALSO BLK 310 LOTS l TO 11 INCLUSIVE
AND NLY 1/2 OF VAC E/W ALLEY ADJ THERE TO
AND LOT 18 AND SLY 1/2 OF E/W ALLEY ADJ THERE TO SD BLK 310
ALSO ENTIRE BLK 311 EXC E/W ALLEY IN SD BLK
ALSO ENTIRE BLK 312 INCLUDING ALL VAC ALLEYS IN SD BLK
ALSO LOTS 7 TO 16 INCLUSIVE BLK 559
LYING SLY OF MORRIS ST AND WLY OF TERRACE ST AS RELOCATED
(SEE DESCRIPTION OF MORRIS/TERRACE BELOW)
ALSO ENTIRE BLK 560 INCLUDING VAC ALLEY IN SD BLK
ALSO LOTS 3 TO 15 BLK 561 LYING SELY OF SELY LINE MORRIS ST
AND SELY 1/2 OF VAC 18 FT ALLEY THAT RUNS SW TO NE IN SD BLK 561
ALSO LOTS 1 AND 2 AND LOT 7 AND LOTS 8 TO 13 INCLUSIVE BLK 564
ALSO LOTS 1 TO 18 INCLUSIVE BLK 565
AND ENTIRE VAC ALLEY ADJ TO LOTS 3 TO 15 INCLUSIVE SD BLK 565
ALSO INCL ENTIRE VAC WESTERN AVE
ELY OF 3RD ST AND WLY OF TERRACE ST AS RELOCATED
ALSO INCL VAC JEFFERSON ST N OF CLAY AVE
ALSO INCL VAC JEFFERSON ST N OF WESTERN AVE
ANDS OF MORRIS AVE
ALSO INCL VAC MARKET ST WLY OF TERRACT ST (RELOCATED) AND ELY OF A LINE DESC AS BEG AT
SECOR LOT 2 BLK 561
TH SELY ALD E LINE SD LOT 2 IF EXTENDED 33 FT
TH SWLY ALG C/L OF MARKET ST
TO INTERSECTION WITH WESTERN AVE FOR POE OF SD LINE
ALSO INCL SWLY 1/2 OF VAC 1ST ST
ADJ TO LOTS 13 14 AND ALLEY IN BLK 311
ALSO INCL ENTIRE VAC FIRST STREET
LYING N OF NLY ALLEY SD BLK 311
ANDS OF A LINE DESC AS
COM AT NE COR LOT 13 BLK 564
TH NE ALONG EXTENTION OF N LINE SD LOT 13 10 FT M/L
TH S 86D QOM OOS E 5.66 FT
TH S 41D 33M OOS E 43.1 FT
TH S 86D OOM OOS E 17.9 FT
TH N 49D OOM OOS E 199.83 FT TO POE OF SD LINE
ALSO INCL THAT PART OF 2ND ST
LYING SLY OF SLY LINE OF ALLEY IN BLK 565
IF EXTENDED ELY TO NW COR LOT 8 BLK 564
ALSO INCL THAT PART OF SWLY 1/2 OF 2ND ST
ADJ TO LOT 18 BLK 565 AND LOT·8 BLK 564
(RELOCATED LINES OF MORRIS AVENUE AND TERRACE ST IS AS FOLLOWS:
COM AT SW COR LOT 19 BLK 309
TH NELY ALG N LINE CLAY AVE 338.40 FT FOR POB
OF WLY LINE TERRACE ST
TH N 34D OlM OOS W 190.25 FT
TH NWLY ALG SWLY LINE TERRACE ST
ON ARC OF 482.50 FT RAD CURVE TO LEFT 221.25 FT
(LONG CHORD BEARS N SOD 40M W 219.27 FT)
TH N 63D 48M W ALG SWLY LINE TERRACE ST 284.90 FT
Page 1
ATTACHMENT A (cont)
TH N 63D 48M W ALG SWLY LINE TERRACE ST 211. 80 FT
TH WLY ALG ARC OF 82 FT RAD CURVE TO LEFT128.47 FT
(LONG CHO~D BEARINGS 71D 19M W 115.73 FT
TO SELY LINE MORRIS AVE)
AND POE OF WLY LINE TERRACE ST RELOCATED
Page 2
Sep-30-02 os.:3BA City Manager's Office 2.31-722-1214 P.02
y"
FINAL
09/24/02
DEVELOPMENT AGREEMENT
CITY OF MUSKEGON RENAISSANCE ZONE
THIS IS AN AGREEMENT between the CITY OF MUSKEGON, a municipal
corporation. of 933 Terrace Street, Muskegon, Michigan 49441 ("City") and SEAWAY
INDUSTRIAL PARK, L.C., a Michigan limited liability company, of4633 Patterson, S.E., Suite
B. Grand Rapids. Michigan 49512 ("Company").
Recitals:
A. The City has received an application from the Company and intends to c-,nsidcr
the location in a Renaissance Zone by the Company, and as a condition thereof this Agreement
must be approved and executed by the Company prior to the establishment and ioc,,tion of the
business in the Renaissance Zone. Upon final approval of Renaissance Zone statu, for the
property, the City will sign this Agreement and the Real Estate Pur~hase Agreement. The Cny
deems this Agreement to constitute a necessary element in the City's determination regarding the
sale of the Property to the Company, and the City relies upon the undertakings of Company in
this Agreement to allow the Renaissance Zone statl1s of the property.
B. The Company intends to install the project set forth in its Application fo1
Renaissance Zone location and approval. The Company understands that the City re 1ies upon lli"
undertakings of the Company in this Agreement to establish the Company's status a, a purchase:
of property in the Renaissance Zone.
NOW, THEREFORE, THE PARTIES INCORPORATING THE ABOVE RECJTALS
AGREE:
1. DOCUMENTS ATTACHED. Included in this Agreement arc the foilowi:cg
documents which have been collected and relied upon by the parties:
1.1 The Application prepared and filed by Company.
l .2 Copy of the Renaissance Zone Act, as amended to date.
l .3 City of Muskegon Development Agreement Policy for Expandi1i,,
Existing or Establishing New Renaissance Suh-Zones.
1.4 Exhibit containing Site/Building requirements for this proj~ct af'plying
Article Vil of the Development Agreement Policy.
l .5 Real Estate Purchase Agreement.
Sep--30-02 08:39A City Manager's Office 231-722-1214 r~. 03 ·
2. COMPANY AGREEMENT. The Company agrees, subject to the terms of this
Agreement and the Real Estate Purchase Agreement, to lhe following commitments, which it
shall perform in a timely and reasonably acceptable manner:
2.1 Execution of the Real Estate Purchase Agreement attached as Exhibit A
simultaneously with the execution of this Agreement, and delivery of both to the City.
2.2 Construction of the building as required in the Real Estate Purchase
y
Agreement subject to review and modification by the City Planning Commi,;sion and/or
City Commission. The design and landscaping of the site shall be subject to 1.he approva'
of the City, the City to reasonably apply its zoning, site plan, and other land us1.
requirements.
2.3 The restriction that seventy-five percent (75%) of the square footage of the
buildings, whether owned by Company or a successor owner(s} shall be used for
"manufacturing purposes." Office space and warehousing of stored raw o; finished
goods strictly ancillary to manufacturing on this site is included in the "manuft.;;turii:g
purposes" square footage requirement.
2.4 The investment in the amount of Three Million Three Hundred Thous~r,d
Dollars ($3,300,000) (the "Investment Objective").
2.5 The creation of 60 jobs (the "Empioyment Objective") within the first t,,,,,
years of operation. This number will include the transfer of jobs from othe
municipalities and transferred from another location in the City, but lim:'.ed to one
transferred job within the City per one new job. The City may grant a one-year ,·xtension,
in its sole discretion, after taking into account all of the circumstances relevant 10 such
extension.
2.6 The closing of the purchase of the real property described in die Re~!
Estate Purchase Agreement (the "Property"),
2.7 Cooperation with City representatives to supply all requested and required
documentation necessary in the City's reasonable judgment to determine eomp!i'.mce with
the undertakings set forth in this Agreement and its attachments. !
2.8 During the two (2) years after closing of the Property, the production ar,d
utilization of improvements as set forth in the attachments shall be SU-"tained and
maintained.
2. 9 The Company shall take all required precautions to avoid the release of
any hazardous substance in violation of any environmental law on its premises, and shall
report any releases to the appropriate authority in a timely and complete manner as
· required by law, providing copies of said documentation to the City. Subject to its rights
to contest any proposed orders and actions, the Company shall comply with all orders and
actions of any governmental agency having authority.
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Sep--30-02 OB: 39A City Manager's O·Ffice 231-722-1214 P.04
.,
.P
2. IO During the entire period for which the Renaissance Zone is in effect, the
Company shall maintain the improvements so as to minimize physical or functional
obsolescence.
2. l I The Company shall improve the properties and improvements, as
contemplated in Article VII of the Development Agreement Policy, in accordance with
the provisions of the Exhibit attached covering Site/Building requirements. These
requirements shall be in addition to any zoning or site plan requirements of the Planning
Commission or City Commission.
2.12 As deemed appropriate by the Company, the Company shall lile a Master
Deed with respect to some portion or all of the Properties and create a condominium
project. In addition to the best efforts of the Company concerning tenants or buyers of
Condominium Units (set forth in Section 2.14 below), the Master Deed und other
Condominium documents, including, without limitaiion, Association Bylaws, shall
require that every unit owner and its occupant(s) in the Condominium Units agree(s) to
and is(are) bound by, this Development Agreement as it may apply, its attachments, and
all Renaissance Zone requirements.
2. 13 Company shall attempt to acquire property commonly ref~rred to as
·'Ernies Car Lot," being Lax parcel no. _ _ _ _ __
2.14 Company agrees that it shall and will use its best efforts t•> -:,ause all
tenants or buyers of condominiumized property to comply with Renaissan~:> Zone
requirements. including that tenants/buyers may not re-locate lo this site from sites within
the City except pursuant to Section 2.5 hereof.
2.15 Company shall obtain and deliver the Guaranty Document required in
Section 5. 6 of this Agreement.
2.16 Performance of the Company's obligations under this Agreement and the
Real Estate Purchase Agreement is subject to events of force majeure.
3. AGREEMENT BY THE CITY. The City agrees to the following commitment,
which it shall perform in a timely and reasonably acceptable manner:
3.1 Provided this Agreement has been executed by the Company and further -·
provided all applications concerning Renaissance Zone status have been properly tiled by
the Company, the City shall, in an expeditious and timely manner, proceed with the
appropriate meetings or applications including as necessary the State of Michigan
Renaissance Zone Review Board, and with all local review entities required by law.
including the establishment of a Renaissance Zone designation for the property in
question. ll1e City may consider this Agreement in a meeting separate from and prior to
3
Sep--30-02 OB_:40A City Manager's Office 231-722-1214 .:..... .05
I
the meeting or meetings in which the City or any entity considers the creation of the
district or approval of the applicant for Renaissance Zone status.
3 .2 Execution, simultaneously with the execution of this Agreement, of the
Real Estate Purchase Agreement (upon final approval of the Renaissance Zun•~
Application).
4. EVENTS OF DEFAULT. The following actions or failures to comply, subject to
events of force majeure, shall be considered events of default by the Company if not curec!
within thirty (30) days after receipt of written notice from the City of such act 0r failur::: to
comply.
4 .1 Failure to meet any ofthe commitments set forth above.
4.2 The failure to construct the building.
4.3 Failure to deliver to the City the documentation and reporting reasonably
required.
4.4 The failure to satisfy the Investment Objective, or the i(mp!oymem
Objective, meet the affirmative action goals as set forth in attached Exhibit B hereto ,,
expend the funds on improvements a5 represented in the attachments with\11 the time,
required hereby.
4.5 During the first two (2) years atkr closing of the Prope1iy. the closi,,g, or
substantial closing, of manufacturing operations in this Renaissance Zon,:. Without
limitation, closing includes removing operations to a location or locations c•:itside the
Renaissance Zone, abandonment of the buildings, or other actions which res:Jt in a
substantial loss of jobs and production in the Zone:.
4.6 The bankruptcy or insolvency of the Company.
4. 7 Subject to the Company's right to contest any taxes or special assessments.
the failure to pay any taxes other than those exempted by the Renaissance Zone Act, 8'1i
the failure to timely pay any special assessments levied on the Company's prnperty aft<.:,
levy or final appeal.
4.8 The violation of any material prov1s1ons, promises, ccmmnments,
considerations or covenants of this Agreement.
5. REMEDIES ON DEFAULT. In the event that any of the above uncured defaults
occur within the first two (2) years after closing of the Property; but 110 sooner than six l 6)
months after the date set by this Agreement for completion of construction of the building by the
Company, subject to events of force majeure, the City shall have the following remedies which it
may invoke without notice, except as may be reasonably required by the Company's rights to due
4
sap-30-02 08:40A City Manager's Office 231-722-1214
process. The amounts due hy reason of the exercise of the remedies by the City shall be claimed
solely against the Guaranty Document required by this Agreement.
5.1 In the event of default as specified in section 4.2 above and after
investigation of the facts and a public hearing, if appropriate, the City may file a claim
against the Surety on the Guaranty Document for amounts set forth below. t,p to but not
exceeding the amount of the Guaranty Document, to be paid by the Surety forthwith to
the City, with the following consequences:
5.1.1 The Company shall cause the Surety to pay to the City. for lliQ rata
distribution to any taxing unit which has not been reimbursed by the S+ate or the
State of Michigan, an amount equal to all real and personal property tax~:i which
have been excused.
5. 1.2The Company shall cause the Surety to pay to the State of
Michigan all amounts of the corporate income tax which have been abated under
the Renaissance Zone Act, if any.
5. 1.3 The Company shall cause lhe Surety to pay to tl.•.c City ar,;'
corporate City income tax which has been aba1ed pursuant to the ?enaissance
Zone Act.
5.2 Failure to Construe\. In the event the improvements have not hee:-:
substantially completed or installed by the time set forth in this Agreement, ti:-? Company
shall cause the Surety to reimburse the City, taxing units or State for all abated '.axes on
said property with respect to the portion of the improvements not substantially completed
or installed.
5.3 Failure to Expend the Funds Represented. \1/hether or not the
improvements have been completed, if the Company has not satisfied the Investment
O~jective, the Company shall show cause to the City why such failure has occurred.
5.4 Job Creation and Retention. In the event Employment Oqjec,ive has no,
been satisfied, a pro rata amount of the Guaranty shall be paid by the Con: ,,any o, the
Surety to the City (based upon $5,000.00 per job to be created.), not to exceed the amount
of the surety.
5.5 Other Violations. For any material violations of this Agreement, the City
reserves the right to seek recovery under the Guaranty Document.
5.6 City Considerations for Determination in Matters of Default. The City
shall not unreasonably take any action which may result in invocation of the remedies
above. It shall take the following factors into consideration as mitigating factors:
5
Sep-30-02 OB,41A c;ty Manager's Off;ce 231--722-1214 P.07
5.6.1 The econom1c conditions, if any, reasonably known to the City,
which are found to be directly related to the default or circumstance
causing the proposed action by the City.
5.6.2 The performance of the Company in meeting the commitments at,<'
requirements of the Application, the submitted materials, and the;
provisions of the Certificate and this Agreement.
5.6.3 Whether the effect on the City's finances of the Company's actions
is material and substantial. ,·
5.6.4 Whether the circumstance affecting the status of the Company was
created by occurrences beyond the control of the Company or could
reasonably have been avoided, and, in particular, whether the Company
could economically and feasibly continue to perform as required by this
Agreement.
5.7 Perfonnance Guarantee. The Company shali deposit with the City ,,
Performance Guarantee, with a term expiring two years from the date a build1ag permit i,
issued for the Property, in the fonn of a Surety Bond issued by a surely !ic,i!lsed i,i the
State of Michigan (the "Surety") and acceptable to the City, (ihe "Guaranty Do<.::meni"),
in the amount of Two Hundred Sixty-Four Thousand Dollars ($264,000). The Guarantv
Document shall unconditionally obligate the Surety to pay an amount to th~ City in the
event of default, to be equal to the taxes abated to the date of default, togethc,· with all
taxes which may be abated for any subsequent period the default continues, p:us a,,y
reasonable costs to the City caused by the failure of the Company to comply, inciuding.
without limitation, any reasonable costs of cure incurred by the City ro bring the
improvements on the property into compliance with this Agreement or planning nr
zoning requirements.
Notwithstanding any provision of this Agreement and its attachments or any oth.::r
document or statute referenced herein, in no even! shall the liability of the Company fo:-
any and all default hereunder exceed !he amount of the Guaranty Document.
6. Governing Law. This Agreement shall be construed and enforced in accordance
with the Laws of the State of Michigan applicable to contracts made and to be performed within
the State of Michigan, and in particular the Renaissance Zone Act of the State, as amended.
7. Counter_parts. This Agreement may be executed in one or more counterparts.
Notwithstanding such execution all such counterparts shall constitute one and the same
Agreement.
8. Benefit. This Agreement shall be binding upon atid inure to the benefit of the
respective parties, their successors and personal representatives. The Company shall have th\;
right to assign this Agreement to any of its affiliates so long as Robert D. Grooters owns u
6
Sep-30-02 0S:41A City Manager's Office 231-722-1214 P.0B
"
controlling interest in such affiliate. Except as so provided, there is no third party beneficiary . ·"
intended upon the execution of this Agreement.
9. Effective Date. This Agreement shall be effective on the date the State of
Michigan Administrative Board approves the amendment to the City of Muskegon/!v!uskcgon
Heights Renaissance Zone. In the event that (i) Renaissance.Zone status is not granted by the
State of Michigan Administrative Board by December 31, 2002, then this Agreement shall
automatically terminate and be null and void, with neither party having any further obligations to
the other.
10. lnvaliditv. In the event any provision of this agreement is declared invalid by a
court or tribunal having competent jurisdiction, the remainder of the agreement shall remain in
full force and effect.
CITY OF MUSKEGON,
a municipal corporation
Gail A Kundinger, Clerk f
\)
i
Dated; _ _i:..'_.J_,,!../..:3:..c_::O_· , 2002
Seaway Industrial Park, L. C.
a Michigan Limited Liability Company.
,
ID/ ·::i,,o
Dated: ---;-'~-~~--' , 2002
#Tl.11717
!
7
Sep-30-~2 08;42A c;ty Manager's Office 231·-722-1214 P.09
EXHIBIT A
REQUIREMENTS TO COMPLY WITH ARTICLE VII OF THE
DEVELOPMENT AGREEMENT POLICY
I. Twenty foot wide landscape buffer along the entire Hackley Avenue, Park Street,
and Young Street frontage. To meet Planning Commission approval.
2. Any new signs must meet the requirements of the Zoning Ordinance.
8
. -
.. -:_ •.
-- -·
-· - - ·- ·-- .. -- -·
- . . ..
--- ·-·· . .:--.-: .·- -
. :- .... - ~ """" - . -. ...
. FINAL
09fi4IQ2
REAL ESTATE PURCHASE AGREEMENT .
THIS AGREEMENT is made - 0 ~_"30 -, 200_2~ by and between the
CITY OF MUSI(EGON, _a_ mirnic.i pjl corporation, •with ·offices.: ~t 93:fteri·ace, Muskegon,
Michigan 49440 ("Seller"), and SEAWAY INDUSTRIAL PAIU(;·L.c•., a Michigai1 limited
liability company, with offices atA6}3 ·Patterson, S.E.; Suite B; Grand ~api_4s·, Michi_gan 4951_2· . ·. ·
("Buyer"). · · · · ··
1. General -Agreemei1t -and- Description of.Premises. .JJpon the . terms and
conditions of .tliis Agreement, Selleragi.~es-to sell, anc;l Buyer _ag1;ees to- ~uy; marketable record
title of re·a1 estate, and alLimprovements :thereon; with all beneficial easemen~§,: and: with .all of
in
Seller's dght;· title a1id interest all adjoining public ways, the real pi·operty_19cated in the City
of Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as:
See attached Exhibit A
Subject to the reservations, restrictions and easements· of record, provided said reservations,
· restrictions and eflseme_n ts of record are acceptable to Buyer upon disclosure and review of the .
same; , . .
-: ..
_. \ ,.·
2. Purchase Pric_e and Manner· of Payment. The purchase price .for Jl1e Premises
shall be as follows: . . ,. -·
· a. At and upon closing, Buyer shall pay Seller Fam~-Hundred Twenty
Thousand Dollars ($420,oo9_.00) for·the Premises. •· _ · .. _
3. Taxes and -Assessments.· Seller shall· be
1:esponsibiid'or faxes ·and :asses.sinents ..
(general and special) that are due and: payaole ·_at theJime of-Closirif Buyer shall· be respOtisible
for taxes, if any, which become due and payable-·after" closing. . .· " . - . ., . .
4. . Title Insurance. SeUei· agrees to deliver tc( Bi.1yer's attm:ney, within.ten-Cl 0) days
after the Effecti-ye Date, a.commitment for title -insurance, issued by..Transnation Title Insurance. ·
Company,Jor.an amount ·not less than the p{u-chase pdc~ -~fated iri. this Agi:eement, gt1aranteeing.
title to the Premises on the conditions i·equired _h<;!refo._ In the. eve_n nhe_rese.rvafions, restrictions,
easements ()l' other mattexs -_of- 1:ecord_ disclosed· by said title· COIJl.tnit1nent ar¢, :_in ·t_he ·sble
discretion of Buyer, deemed uriac_ceptable, Sellei· .shall have:fifteen (15) days from the date Seller
is notified in writing of such title objections to remedy s·uch objeofi6ns to Buyer's satfafaction. If
Seller resolves -§t1ch · tide opjectioi1s a11q_=-r·e1iiedief · thtr _title ·(by : obtai1iing._safi~fa~to1:y title
0
insurance or otherwise ·effecting -curat1ve~·nieasures .acceptable to · Buyer) within the- time
specified, Buyer agrees to co1.nplete this sale as hereii provided, assmning all other
continger_ictes are satisfied in Buye_r's judgment _or ai·ewaiyed by Buyer. If Seller fail~ to reso}ye
such title objyctio11swithinthe1.ihle 'itbO~e SJJecifieµ to Buyer's s;atisfactioll ()f,-faUs to obtajiy
satisfa<::tory title in_§urap_ce tc\ 12_9.yer's S(lt1sfactio11,thif1'\gi:,t;epjent.will be±yrmi11ated at••Buyer'$
option: The premium for the owner's title policy shall be paid by Seller.
- S, Covenantto Ct111structimprovements imd Use( Buyer·-acknowledg¢sthat, as- -
part of the consideration inuring to Seller, Bu)'ercovenants and agrees to ,construct on the
Premises one (1) building with a total of-140,000 square feet; up . to .all applicable codes. The
square footage requirement will be -reduced to the extent Seller's parking requirements prohibit
meeting the square footage requirement. The building shall be constructed within twelve (12)
months of the closing of this transaction and the issum1ce by the City of the necessary permits for
the construction of the -building. -Buyer may only Ternove those trees necessary for construction
of the building m1d entranceways. The b11ilding shall be substantially .completed - as provided
within the time frames provided above and, in the event said substantial completion has not
occurred, or the restriction of this paragraph relating to tree removal is violated, in the reasonable
judgment of the Seller, the Seller's sole recourse shall be to proceed against the Guara11ty
Document as described in the Development Agreement City of Muskegon Renaissa11ce Zone of
even date herewith between Seller a11d Buyer (the "Development Agreement"). The covenants in
this paragraph shall survive the tlosing and run with the land.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relyfog solely upon Buyer's own judgment as to
the location, boundaries ·and area of the Premises and impi"ovements thereon without regard to
any representations that may have been made by Seller or a11y other person. In the event that a
_survey by a registered .land surveyor made prior to closing discloses an encroachment or -
substantial variation from the presumecUand boundaries or ,\rea, s_eller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyees deposit in full
termination ofthisPurchase Agreement, a11d paying the cost of suchsurvey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Environmental Inspection. At its own cost m1d expense, Buyer and its agents
shall have the right, but not the obligation, to enter the Property to perform environmental
investigations, studies, and tests which are permitted hereunder, to determine the environmental
condition of the Property ("Environmental Inspection"); provided, however, that for purposes of
conducting any environmental investigation, Buyer and its agents shall notify Seller, which shall
have the option ofaccompanying Buyer or its agents <luting such EnvironmentaUnspection. The
Environmental Inspection shall be completed within twei1iy (20) days of execution oftliis
Agreement, a11d Buyer shall have the right to obtain any BEA detetmination it deems
appropriate. If Buyer is dissatisfied, in its sole discretion, with the Enviromnental Inspection, it
may terminate this Agreement with no furtherobligations.
_ 8. .Condition __ of Premises and Examination __ by Buyer. . -- NO IMPIJED
. WARRANTIES OF l!ABITABILITY;, QTJALITYj GQ~PJTION, -FITNESS. _ FOR A - .
PARTICULAR PURPOSE, OR. ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND -ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT IF
2
BUYER ACQUIRES.THE··p~MISES, THE.PREMISES ARE TAI<'.EN·''AS TS,O'. SUBJECT
TO THE EXPRESS COVENANTS, CONDITIONS AND/OR EXPRESS .WARRANTIES
coNTAINED IN.THis·ru11cnASE AGREEMENJ.~·BuYER w1tL1\cl<No.wLEboE.Ar
AND UPON CLOSING.cTMATITHAS PERSONALLY INS.PEGTEDTHE PREMISES AND
·. ts SATISFIED wrrH •rHE... coNi:frr10N oB7;ttHE>LANI5?ANo THE Bti110IN0s AND ·.
IMPROVEMENTS THEREON; AND THAT THE PROPERTY IS BEING]PURCHASED, AS ·
A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT DUE TO ANY
. REPRESENTATIONS MADE BY OR ON BEHALFOF SELLER, SELLER KNOWS OF NO
HAZARDOUS SUBSTANCES OR CONTAMINATION EXCEPT FOR SUCHMATTERS AS
HAVE BEEN DISCLOSED IN THE ENVIRONMENTAL REPbRTS ON THE.FORMER.
SMITH PACKING PROPERTY .. AND THE FORMER . NORDSTROM/NEILSEN
PE.OPERTIES WHICH.,BAVE .13El3N FURNISHEDORMADE.KNOWN TO BUYER, AND
BUYER .. WAIVES ANY CLAIM AGAINST.·. SELLER IN ·. THE . EVENT· SUCH .
STUBSTANCES ARE OTHERWISE FOUND AND UNLESS SELLE.R.MISREPRESENTEO
ITS KNOWLEDGE.
9. Real Estate Commission. Buyer and Seller both acknowledge andagree that
neither has dealt with any realc estate agents, brokers or salespersons regarding ·.this sale, and that
no agent, broker, salesperson oi' otlier patty is entitled to a real estate commission upon the
closing ofthis sale. Buyer and Se1ler both ag1'ee to indemnify and hold the other harmless from
any liability, including reasonable' attorney fees;· occasioned by reason of any-person or "entity
asserting a claim for a real estate commission arising from actions.taken by the other party.
10. Closing. The closing datt, of this sale shall be withinthirly (30) days of execution
of this Agreement ("Closing"), subject to Buyer's right to extend Closing for an additional thirty
(30) days upon written notice to Seller. The Closing shall. be conducted at Transnation Title
Insurance Company, 570 Seminole Road, Ste. 102, Muskegon, MI 49444. · If necessary, the
patties shall execute an IRS closing report at the Closing.
11. Delivery of Deed. Seller shall execute aifd deliver a quit claim deed to Buyer at
Closing for the Premises and shall pay any transfertaxes due and owing. Such conveyance shall
include all splits or division rights with respect to the Premises.
12. · Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
l T . . .· Da fo-Of Posses~iotr: ·Possessi 011,()fPremiiiefls'i.a 6e\'ieliY6r;aifo fluyei'by Seller: . .· .
on the date of Closing,
14...·•. Costs .• ·.se\l~r5haHbetesponsible to.pay all applicablettan~f~ffaxes,·ii'~n)', iii .
0
the· amount requireii°by law;.···Jn adciftion;sel!e1> sl~aH.be°resporisible:'to'payfor ihtfrecoxding of·
any. instrrnnent thannµsfbe reGOrcled to c!\car title to the PremJses, to the exteiifrequired by this ..
Agreement. Buyer shall payfor.the cost of recordiirgthe deed to be delivered at Closing: ·The
parties shall equally split the Transnation Titleclosing fee. Each patty shall pay its own attorney
fees.
3
15. Contingencies. Buyer's obligations under this Agreement are subject to and
contingent upon satisfaction by Buyer in its sole discretion (or written waiver by Buyer) of the
following conditions:
Approval of Renaissance Zone status of the Premises (and the property described in
subparagraph 15.b. hereof) by the City of Muskegon and the State of Michigan Renaissance
Zone Review Board no later than December 31, 2002;
In the event one or more of these conditions are not satisfied or waived, this Agreement shall
automatically terminate with neither party having any further obligation to the other.
16. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted m this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller with respect to the subject matter
hereof are merged into this Agreement, which alone fully and completely expresses the
agreement of the parties with respect to the subject matter hereof.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns. Buyer shall have the right to assign this
Agreement to one of its affiliates so long as Robert D. Grooters owns a controlling
interest in such affiliate. Except as stated, there are no third party beneficiaries of this
agreement.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after
the consummation of this purchase and sale.
4
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i. Authority. Each patty represents and warrants to the other that the
persons~executing-and d_eliv_ering this,.Agreement cn1 theii: behalfare ·duly autl-i.orized to do
so.
j. - Effediv·e Date. ~ _ :-_Tlie :Bffectfve: Da:te:-of. this 'Agtee1nent the elate Ts:
that the_last paity 11.ei;~to· stg_~s _this-.Agreem~nt. . · - - - · · -
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EXI-IIBITA ..•.
Description. of property m the Seaway Industrial Park for developh'lent (Parcel I.D:
6
EXHIBIT A
Description of property in the Seaway Industrial Park for development :
Easterly 200 feet of the West 426.07 feet of South 546.5 feet of Southeast¼ of the Northwest¼,
Section 31 Town 10 Nmth, Range 16 West, except the South 49.5 feet thereof.
Except that part which lies East of a line described as: Commencing at the West¼ corner of
Section 31, Town 10 North, Range 16 West, City of Muskegon, Muskegon County, Michigan
thence South 89° 49' 59" East 1231.46 feet along South line of the Northwest fractional ¼ of said
Section 31 for point of beginning, being North 89° 49' 59" West 120.43 feet from the Southeast
corner of the West 426.07 feet of the South 546.5 feet of the Southeast¼ of said Northwest
fractional¼ of Section 31. Thence North 00° 10' 01" East 73.00 feet; thence Northerly 111.86
Feet on a 303.00 foot radius curve to the Right, Delta=21 ° 09' 11 ", Long Chord bearing North
10° 44' 36" East 111.23 feet; thence North 21 ° 19' 12" East 50.00 feet; thence N01therly 87.50
feet on a 23 7. 00 foot radius curve to the left; Delta=21 ° 09' 11 ", Long Chord bearing North 10°
44' 36" East 87.00 feet; thence North 00° 10' 01" East 132.00 feet; thence North 89° 49' 59"
West 34.00 feet; thence North 00° 10' 01 "East 100.00 feet for point of ending on the North line
of said South 546.5 feet of the Southeast ¼ of the Northwest fractional ¼ of Section 31, said
point being North 89° 49' 59" West 100.92 feet from the Northeast corner of said West 426.07
feet of the South 546.5 feet of the Southeast¼ of the Northwest fractional ¼ of Section 31.
And Also,
That part of the Southeast¼ of the Northwest fractional¼ of Section 31, Town 10 North, Range
16 West, lying West of the C & 0 Railroad right of way, described as follows: Commence at the
intersection of the East line of Glade Street and tl1e North line of Lyman Street in the Plat of
Alberts and Holthe Subdivision, as per plat of record in the office of the Register of Deeds for
said County, thence East 172.3 feet, more or less to the Westerly right of way line of said
railroad, said point being hereinafter referred to as Point "A", recommence at the place of
beginning, thence South along the East line of Glade Street, said line also being the West line of
said Southeast ¼ of the Northwest fractional ¼ of said Section 31, a distance of 499 feet more or
less to the centerline of the alley running East and West through Block 6 of said Albe1is and
Holthe Subdivision, if said centerline was produced East, thence East along the centerline of said
alley, if produced a distance of 506.6 feet, more or less to the Westerly right of way line of said
railroad, thence Northwesterly along the Westerly right of way of said railroad to said Point "A",
according to the Government Survey thereof, excepting therefrom a strip of land 20 feet in width
lying Easterly of and adjacent to the East line of Glade Street over and across the North 74 feet
of the above described premises, and further excepting therefrom the following described parcel
of land: Commencing at a point on the Northwesterly right of way line of the C & 0 Railroad,
which is due East from the Southeast corner of Lot 9, Block 2 of Alberts and Holthe Subdivision
of part of the Southwest fractional¼ of the Northwest fractional¼, Section 31, Town 10 North,
Range 16 West, thence southeasterly along said Railroad right of way, 150 feet, thence
Southwesterly at right angles to said right of way line, 17 feet, thence N01thwesterly at a distance
of I 7 feet from, measured at right angles, and parallel to said right of way, 160 feet, more or less
to a point which is due West from point of beginning, thence due East to point of beginning.
6
And the Easterly 66 feet of the west 426.07 feet of the South 546.5 feet of the Southeast ¼ of the
Northwest¼ of Section 31, Town 10 North, Range 16 West, lying West of C & 0 Railroad right
of way, except the South 16.5 feet thereof.
And Also,
All that paii of the North ½ of the Southeast ¼ of the Notihwest ¼, Section 31, Town 10 North,
Range 16 West, described as beginning at a point on the East line of Glade Street, at the
Northeast corner of Lyman Street extended Easterly and Glade Street thence Northerly along
said East line of Glade Street to a point on a line which is 50 feet Southwesterly of and measured
at right angles and parallel to the centerline of Pere Marquette Railroad main track, thence
Southeasterly and parallel to said main track to a point which is directly opposite and East of
point of beginning, thence West to point of beginning. Except any part thereof owned by the
State Highway Commissioner of the State of Michigan.
7
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,0-10-02
Commission Meeting Date: September 24, 2002
Date: September 18 2002
To: Honorable Mayor & City Commission
J O,c_
From: Planning & Economic Development Departmente 'V
RE: Transfer of Property from Lakefront LLC to City of
Muskegon
SUMMARY OF REQUEST: To approve the attached Property Transfer
Agreement between the City of Muskegon and Lakefront LLC to transfer
property on the former Teledyne site for City right-of-way, on the
condition that any attachments not presently included in the document,
are subsequently approved by the City's legal counsel.
FINANCIAL IMPACT: The property is being donated to the City/LDFA.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached Property
Transfer Agreement, with the above conditions.
COMMITTEE RECOMMENDATION: None.
Property Transfer Agreement
2002-109(a)
This Agreement is made September -1..1., 2002 among Lakefront Development, LLC a
Michigan limited liability company with principal offices at 175 W. Apple Ave. Muskegon,
Michigan 49440 ("Lakefront"), the City of Muskegon, a municipal corporation with principal
offices at 933 Terrace St. Muskegon, Michigan 49440 ("City") and the Local Development
Finance Authority of the City of Muskegon, with principal offices at 933 Terrace St.
Muskegon, Michigan 49440 ("LDFA") with reference to the following facts:
Background
A. Lal<efront has entered into an Agreement of Purchase and Sale with Teledyne
Industries, Inc. ("TDY") dated September 10, 1999 and amended by First Amendment to
Agreement for Purchase and Sale dated December 10, 1999 (collectively, the "TDY Purchase
Agreement") to purchase 34.2 acres of property in the City of Muskegon located along the shore
of Muskegon Lake, the legal description of which is attached as Exhibit A (the "Property").
B. Lal<efront plans to develop the Property as a site condominium development,
substantially in accordance with a Planned Unit Development plan approved by the City (the
"Development ").
C. The decision ofLahlfront to purchase the Property is directly related to the City's
promise to construct the extension of Shoreline Drive ("Shoreline Drive Extension") such that
existing Shoreline Drive connects to Business 31, and, once completed, the entire Shoreline
Drive will be designated as Business Route U.S. 31.
D. The Property has been designated a SmartZone by the Michigan Economic
Development Corporation as a SmartZone which provides for tax increment financing within the
Property for certain qualified uses. The LDF A will use the tax increments to repay costs it
expects to incur in the construction of a building to lease to Grand Valley State University
("GVSU") within which GVSU will operate the Energy Center of Excellence, as well as
operation and maintenance costs, if funds are available.
E. The City, the LDFA and Lakefront desire to set forth the terms and conditions by
which both will agree to proceed with the development of the Property.
Therefore, the parties agree as follows:
1. Access. The City will at all times provide Lakefront, its agents, contractors,
successors and assigns, access to the property including the ability to drive vehicles, including
cars, trucks and construction equipment onto the Property. Access is limited to the property and
does not include driving over/across CSX or any other privately owned property; provided,
however, the City assigns to Lakefront on a non-exclusive basis all of the City's rights, whether
such rights eidst how or in the future, to cross the CSX railway for purposes of access to the
Property. Lakefront and the City will cooperate in the granting of permission and execution of
documents relating to the grants of easements to provide such access.
C:\WINDOWS\TEMP\Smartzone.Property Transfer Agt. Sign, Copy.doc
2. Site Condominium Documents; Amendment to Development Agreement. The City .
and the LDFA approve the Master Deed and Bylaws for the Development attached as Exhibit B,
including the contraction of the Unit previously labeled Unit O (park) which shall be contracted
from the Development and added to New Unit O and not conveyed to the City as required by the
Development Agreement dated February 27, 2001 ("Development Agreement"). The parties
agree that the Development Agreement is amended such that Lakefront is no longer required to
construct the marina or convey Unit O to the City and amended such that the Special Assessment
shall now be 17.341 percent for Unit O and 3.416 percent for Unit P. It will be Lakefront's
responsibility to request an amendment to the PUD, depicting these changes. The LDFA agrees
to be bound to all terms and conditions of the condominium documents, including all
environmental provisions.
3. Transfer of Title to Unit C of the Development. At the closing of the Purchase
Agreement for the Property ("Closing"), Lakefront will convey Unit C of the Development
("Unit C") as a charitable gift to the LDFA in accordance with the purchase agreement ·attached
as Exhibit C ("Purchase Agreement"). The parties agree that the fair market value of Unit C is
$400,000.
4. The GVSU Building. The LDFA agrees to construct a building on Unit C approved
by Grand Valley and the LDFA according to the terms and conditions of the Purchase
Agreement ("GVSU Building"). The GVSU Building will be built within the time parameters to
be agreed to by Grand Valley State University and LDFA. The LDF A and the GVSU shall
execute a Lease Agreement ("GVSU Lease") and the construction contract with Workstage
("Work Stage Agreement") on or prior to the date of Closing. The LDFA shall commence
construction within eight weeks of the date of closing.
5. Financing the GVSU Building. The LDFA shall issue bonds ("Bonds") to finance the
construction of the GVSU Building, including expected interest costs. Not less than Three
Million Eight Hundred Thousand 00/100 Dollars ($3,800,000) of proceeds from the Bonds shall
be used to pay for construction of the GVSU Building. The City shall pledge its limited full faith
and credit to such Bonds. LDFA shall approve the issuance of bonds and the City shall approve
its pledge of its limited full faith and credit at their respective commission meetings on or before
the date of Closing. Until such time as the Bonds are issued and funded, the City shall finance
the construction of the GVSU Building on a reimbursement basis.
6. Conveyance of Public Right of Way. At Closing, Lakefront agrees to convey, subject
to the same conditions as the conveyance of Unit C to the extent applicable to roads and utilities,
the right-of-way depicted on and legally described on Exhibit D to the City in consideration of
which the City agrees to design and construct the road and utilities described in paragraph 7.
7. Design and Construction of Interior Roads and Utilities. The City agrees to design
and construct all roads, water and sewer systems as depicted on and in accordance with the
approved plans to be attached as Exhibit E ("City Road and Utilities"). In addition, the City
agrees to coordinate the design and installation of the other utilities defined as "Infrastructure" in
the Developnient Agreement. All proposed improvements, including utilities (water, sewer, gas,
telephone or cable) shall be built within proposed public right-of-way or public utility easements.
Lakefront agrees to grant such easements as are necessary to construct the Other Utilities. The
C:\WINDOWS\TEMP\Smartzone.Property Transfer Agt. Sign. Copy.doc
City will also obtain all permits necessary for the construction of the City Road and Utilities and
the Other Utilities except for the flood plain permit, which will be Lakefront's responsibility,
provided the City will be the applicant. The City shall pay the cost of design, permitting
(including the cost of obtaining the flood plain permit), construction, and installation of both the
City Road and Utilities and the Other Utilities, together with construction engineering costs and,
in connection therewith, may utilize the funds made available from the Clean Michigan Initiative
Grant ("CMI Grant") to the extent that funds are available, in an amount not to exceed One
Million Five Hundred Eighty Nine Thousand Seven Hundred Eighty Four 00/100 Dollars
($1,589,784). The obligations of the City under this paragraph shall continue in effect
notwithstanding the exercise of the Put Option defined in paragraph 12.
8. Excess Cost and Special Assessment. Lakefront agrees that the Property shall be
subject to a special assessment in the amount of Five Hundred Fifty Thousand Dollars
($550,000) ("Special Assessment") plus any amount by which the cost of design, permitting,
construction and installation of the City Road and Utilities and the Other Utilities exceeds One
Million Five Hundred Eighty Nine Thousand Seven Hundred Eighty Four 00/100 Dollars
($1,589,784) in accordance with the Development Agreement. The City agrees to commence
construction of the City Road and Utilities within six weeks of the date of Closing and issuance
of the Floodplain Fill Permit, to the extent weather permits.
9. No Interference. During construction of the City Roads and Utilities and buildings
within the Development, the City and Lalcefront shall make reasonable efforts so as not to
interfere with the construction activities of each other within.the Development and shall not
impede access to the Development by Lalcefront or the City or their respective contractors,
successors or assigns.
10. Environmental. The City and the LDFA acknowledge receipt and agree to be bound
by all terms and conditions of the environmental covenants attached as Exhibit F and agrees to
comply with all environmental laws, rules and regulations, as they pertain to the publicly owned
properties. The City understands that the Remedial Action Plan for the Property ("RAP") is a
work in progress and has not been approved by the Michigan Department of Environmental
Quality ("MDEQ"), and that it is subject to modification by the MDEQ.
11. The Shoreline Drive Extension. The City is in the process of obtaining approval of its
constructions plans for the Shoreline Drive Extension from the Michigan Department of
Transportation and agrees to make every reasonable effort to ensure a start of construction in
2002. The City agrees to substantially complete construction by July 31, 2004 (such that the
entire Shoreline Drive is open for traffic in both directions). Once completed, the entire
Shoreline Drive will be designated as Business Route U.S. 31.
12. Put Option. The City has requested Lalcefront to close on its purchase of the Property
prior to the date it is contractually obligated to do so under the TDY Purchase Agreement. In
order to give Lakefront assurance that the City Roads and Utilities and the Shoreline Drive
Extension will be built as promised by this Agreement, the City grants to Lakefront the option to
require the City to purchase any unsold units within the Development from Lakefront subject to
all unpaid Special Assessments ("Put Option"). The Put Option may be exercised by Lakefront
C:\WINDOWS\TEMP\Smartzone.Property Transfer Agt. Sign. Copy.doc
within 3 0 days. of any event which gives rise to the put option, if the City fails to do any or all of
the following.
a) Obtain final written approval ofMDOT on the final construction drawings for the
Shoreline Drive Extension. on or before November 15, 2002;
b) The City shall award the bid and issue the Notice to Proceed to the successful bidder.and
physically commence construction of Shoreline Drive by May 15, 2003;
c) Complete construction of all City Roads and Utilities with open connection to Terrace
Street within 56 weeks of the date of Closing on the Property and receipt of the
Floodplain Fill Permit, or,
d) Complete construction of the Shoreline Drive Extension such that traffic is open in both
directions not later than July 31, 2004.
To exercise the Put Option, Lakefront shall hand deliver written notice of its intent to
exercise to the office of the City Manager. If exercised, the Purchase Price shall be calculated as
follows: $1,750,000 plus all interest, incurred by Lakefront from the Closing Date through the
date the Put Option is exercised less $400,000 (the value of Unit H) ifLakefront retains
ownership of Unit H, less $120,000 (the income tax value of Unit C), less $43,351 ifLakefront
retains ownership of Unit H, and less the amount of any net (less closing costs, commissions and
payments of Special Assessment) sales proceeds received by Lakefront prior to Lakefront's
exercise of the Put Option. If the Put Option is exercised, the City shall pay the purchase price in
cash or certified funds within 60 days from the date of exercise. The City understands and
agrees that in the event the Put Option is exercised, Unit H (the Parmenter O'Toole Unit) of the
Development may not be conveyed to the City . Any conveyance to the City pursuant to this
paragraph will be made under the same terms and conditions as the conveyance of Unit C. If
Unit H is not conveyed to the City, pursuant to this section, the City shall release the Special
Assessment as it relates to Unit H. Once conveyed, Lakefront has no obligation to pay any
portion of the Special Assessment.
13. Developer Commitments. As a condition of the City's obligation to fund the Bonds,
Lalcefront shall provide the City with copies of written Purchase Agreements between Lalrnfront
and third parties, acceptable to the City, for units on which not less than 31,000 square feet of
taxable structures, will be built and a letter from Lakefront committing to build the Parmenter
O'Toole building with not less than Twenty Thousand (20,000) square feet.
14. Conveyance of Unsold Units. In the event all of the units within the Development are
not sold by a date three years from the date the Shoreline Drive Extension is open to traffic in
both directions, Lakefront agrees to convey to the City all unsold units free and clear of liens
(except for the Special Assessment which shall continue to encumber the units conveyed) and at
no charge, except for customary closing charges. In the event this occurs, all grants and
purchase agreements related to the units to be conveyed, shall be assigned to the City.
Notwithstanding the conveyance of such units, the obligations of the City under this Agreement
and the Development Agreement shall remain in full force and effect. This obligation to convey
shall not be recorded and shall not constitute a lien on the Property and there shall be no
C:\WJNDOWS\TEMP\Smartzone.Property Transfer Agt. Sign. Copy.doc
restriction on Lakefront's ability to sell, assign, transfer or mortgage the Property until expiration
of the three-year period. All agreements to purchase such lots shall provide that construction on
such lots shall be commenced within 2 years of such agreements. Once conveyed, Lakefront has
no obligation to pay any portion of the Special Assessment. Any conveyance to the City
pursuant to this paragraph will be made under the same terms and conditions as the conveyance
ofUnitC.
15. Alternative Security. The parties understand and agree that the intent of the previous
paragraph 14 is to provide security to the City by which it can satisfy its obligation to repay the
Bonds. Lakefront shall not be required to convey the unsold units in the Development as set
forth in the previous paragraph, under either of the following conditions:
a) The tax increments generated from the Development are sufficient to pay the LDFA's
payment obligation of the Bonds; or,
b) Lakefront or a successor pays to the LDFA' any shortfall in the LDFA's payment
obligation of the Bonds.
16. Parking. Except for its obligation to build and maintain the parking area for Unit C,
the City shall have no obligation under this Agreement, to build or maintain any other parking
within the Development. The City will review the plans for the parking areas for units A, B, E &
D as depicted on the site plan attached as Exhibit G to ensure there is sufficient space to satisfy
the City's requirements for parking for the four buildings (140,000 square feet).
17. Core Communities Grant. As a SmartZone, the City was awarded a Core
Communities Grant in the amount of One Million 00/100 Dollars ($1,000,000). The City has
approved the use of those funds by Lakefront to design, permit and construct shoreline
improvements on the Property, including a seawall, rip-rap, dredging and a boardwalk and
accessory improvements. The City shall reimburse Lakefront for the cost of such design,
permitting and-construction in an amount not to exceed One Million 00/100 Dollars
($1,000,000). Lal,efront shall, subject to City review, manage the design, permit, process and
construction of such shoreline improvements, including the hiring of such consultants and
contractors as Lakefront shall determine. Lakefront shall not be required to seek competitive
bids in determining who to hire. Lakefront shall perform all terms, conditions and requirements
of the grant and such terms, conditions and requirements of the Michigan Economic
Development Corporation. The City will reimburse Lakefront after it receives the grant fund
reimbursements from the State of Michigan.
18. Brownfield Redevelopment Grant. The City was awarded a Brownfield
Redevelopment Grant in the amount of One Million 00/100 Dollars ($1,000,000). The City
approves the use of those funds by Lakefront and the City to satisfy any environmental costs that
may arise in connection with the development of the Property and construction of the City Road
and Utilities and Other Utilities. All activites and disbursements shall be authorized by an
environmental consulting firm to be hired by the City of Muskegon ("Consultant"). To the
extent Lakefront incurs any costs which qualify for reimbursement under the Brownfield
Redevelopment Grant, and were approved by the Consultant, and the City shall reimburse
C:\WINDOWS\TEMP\Smartzone.Property Transfer Agt. Sign. Copy.doc
Lakefront for such costs in an amount not to exceed One Million 00/100 Dollars ($1,000,000) as
such costs are incurred.
19. CSX. The City shall be solely responsible to remove the existing CSX railroad and to
design and construct the Terrace Street crossing for access to the Property at the locations
depicted on the site plan attached as Exhibit G by the time the Shoreline Drive Extension is
substantially complete.
a) The parties acknowledge and agree that the only means of access to the Property
following the completion of the development will be via relocated Terrace Street and the
parties agree that such access will be sufficient to allow the proposed development of the
Property. However, the parties further acknowledge and agree that additional access to
the Property would be beneficial to the Development and to the whole of downtown
Muskegon. Two locations for additional access to the Property have been considered by
the parties, via an extended Western Avenue by crossing the CSX rail line and by
connecting the northern portion of the Property to Terrace Point Drive.
b) The City and Lakefront agree that they will cooperate and use their reasonable efforts to
obtain a crossing agreement from CSX for access to the Property from Western Avenue.
In the event a crossing agreement is entered into with CSX, the City will construct the
crossing and funds from the CMI Grant will be used to design, obtain permits for and
construct the crossing. If CMI funds are exhausted, the costs will be applied to the
Special Assessment.
20. Northern Ten Feet of the Property. The City understands and agrees that Lakefi:ont
will retain ownership of ten feet of the Property located along the western boundary of the
Property. Lalcefront grants an option to the City to purchase such ten feet within the road right-
of-way for no additional consideration on the condition that the City Road and Utilities are first
connected to Terrace Point Drive, paved and dedicated such that the Property can be publicly
accessed from Terrace Point Drive at or near the cul-de-sac currently located at the north end of
Terrace Point Drive or at such other mutually agreeable location. The cost of connecting the City
Roads and Utilities to Terrace Point Drive shall be paid by Lakefront.
21. Closing. Lakefront agrees to close on its acquisition of the Property within one week
of the full execution of this "Property Transfer Agreement" by the Muskegon City Commission,
the LDF A and Lakefi:ont.
22. Progress Reports. The parties will continue to meet on a regular basis to exchange
information on the progress of their responsibilities.
23. Dispute Resolution. The parties agree that disputes related to the interpretation of the
terms of this agreement or the adequacy of their performance shall be resolved by facilitative
mediation conducted by a mediator experienced in resolving disputes involving municipalities
and private developers. In the event the mediation is unsuccessful, the parties agree that the 14th
Circuit Court; in the State of Michigan, shall have exclusive jurisdiction over any litigation
between the parties related to this agreement.
C:\WINDOWS\TEMP\Smartzone.Property Transfer Agt. Sign. Copy.doc
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This Agreement has been executed on behalf of the parties whose signatures appear below, each
of whom affirms they are authorized by the respective parties to its terms.
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By:
Name: n .
Title: Mayo
Date: September
By llo..~ 0lF~'"J;W
Name,: Gail Kundinger (j
Title: Clerk ,
Date: September "vf 2002
C:\WINDOWS\TEMP\Smartzone.Property Transfer Agt. Sign. Copy.doc
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