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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.Jll2-
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
~=-~~--======-------
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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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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
'D~t
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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,;,
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Muskegon ETA (70%) Gibbs Planning Group, Inc.
j__
Legend
O Total Trade Area (70%)
: Census Places, 1998
I [] 1990 Census Tracts
I o 2 4 •
I M Scale; 1P = 4.64 miles
09/16/02
Muskegon, Ml (Big-Box Retail) Gibbs Planning Group, Inc.
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C, Westshore Plaza
Muskegon Mall (vacant)
i @ Mart Dock
i\ @ Sherman Center
II • Plumb"s Foods
o Walgreens, RiteAid, etc.
! [3 Home Depot
El Menard's
• Lowe's
I• TSC
I1 O Sam·s
Plaza
Club / Westshore
I El Target SC/ Sherman Ctr.
EJ Wal-Mart Supercenter
II 13 Big Kmart
· III Meijer Supercenter
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09/16/02
. . . . . -
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•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.
C:\windows\TEMP\AH4186.DOC
(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
C;\windows\TEMPIAH4186.DOC
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
C:\windows\TEMP\A.H4186. DOC
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.
C:\windows\TEMP\A.H4186.DOC'
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:
G:\EDS I\F!LES\001 00\160204\AG\AH0467 .DOC
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.
G:\E0S 1\F ILES\001 00\160204\AG\AH0467. DOC
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.
G:\EDSI\FILES\00100\160204\AG\AH0467 .DOC
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
G:IEDSI\FILES\00100\160204\AG\AH0467 .DOC
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.
C:\DOCUME~1\anguilm\LOCALS~1\TemplAH2381.DOC
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.
C:\DOCUME~11anguilmlLOCALS~1\Temp\AH2381.DOC
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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
- ' - , - - ,_ _ _ _ _ _ _ - - _ _ _ _ _ _cc_."--''---- i4J uu:i
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.
F:\My Documents\New Folder\ANM Real Estate !nveslments\1321 Division St Muskegon MI\Hooker DeJong\P&G
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1
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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2
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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3
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
F:\My Documents\New Folder\ANM Real Estate lnvestments\1321 Division St Muskegon Ml\Hooker DeJong\P&G
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4
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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5
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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6
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, -:,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
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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 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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. h. Modification ·of.the.Agr.eenient. This Agreement sha.U noi:be amended
except
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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. . · - - - · · -
. -- ··-· . : .. ·.. : . · 7~ :· . . .. -- . - - - . . -·- .... _::--..: . :'.:.~ -
The paities"" have _execiuted::thii;_ Real 'Estate :eurcliase Agi·eemertt th1:f day.-and year first
···aboveWtitte)i.: -- . ,-_;~:_:_-~.--~---.•..;..,,._c;.,, ~--.-,'"·_=·~.- - _:_·_~-~ _- ..
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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
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