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CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 23, 2001
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
• PRESENTATIONS:
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Liquor License Request. Frontier Liquor Shoppe. 631 West Southern.
CITY CLERK
c. Sixth Month Extension to Complete Construction of Home.
PLANNING & ECONOMIC DEVELOPMENT
d. Police Squad Room Improvements. POLICE
• PUBLIC HEARINGS:
a. Request for an Industrial Facilities Exemption Certificate. Johnson
Technology. Inc. PLANNING & ECONOMIC DEVELOPMENT
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
• NEW BUSINESS:
a. Liquor License Request from 157 N. Getty. CITY CLERK
b. Rezoning Request for City-owned Property on Nolan. PLANNING &
ECONOMIC DEVELOPMENT
c. Marina Electrical Bid approval/Contract A. LEISURE SERVICES
d. Marina Electrical Bid Approval/Contract B. LEISURE SERVICES
e. Reese Building Professional Services Bid. LEISURE SERVICES
f. RFP for Investment Management Services. FINANCE
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• CLOSED SESSION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.}
• ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MusMI 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Date: October 23, 2001
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Commission
Worksession that was held on Monday, October 8, 2001, and the
Regular Commission Meeting that was held on Tuesday, October 9,
2001.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 23,2001
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, October 23,
2001.
Mayor Fred J. Nielsen opened the meeting with a prayer from Dr. Gordon D.
Aiken of the Central Assembly of God, after which members of the City Commis-
sion and members of the public joined in reciting the Pledge of Allegiance to
the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present Mayor Fred J. Nielsen; Vice-Mayor Clara Shepherd; Commissioners
Robert Schweifler, Larry Spataro, John Aslakson, Jone Wortelboer-Benedict,
Karen Buie; City Manager Bryon Mazade; Assistant City Attorney John Schrier
and City Clerk Gail Kundinger.
2001-121 RECOGNITION:
Commissioner Spataro recognized former Muskegon Heights Coun-
cil member, Eugene Fisher.
2001-122 PRESENTATION:
There was a presentation of the Peace Quilt by Muskegon Public
Schools and Americorp.
2001-123 CONSENT AGENDA: Items listed under the Consent Agenda have
been considered to be routine in nature and will be enacted in one motion. No
separate discussion will be held on these items. If discussion is required, it will be
removed from the Consent Agenda and be considered separately.
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession
that was held on Monday, October 8, 2001, and the Regular Commission Meet-
ing that was held on Tuesday, October 9, 2001.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
c. Sixth month extension to Complete Construction of Home.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve a six-month extension to allow Mr. Emitt Kin-
sey, Jr. to complete construction of a single-family home on Dudley Avenue.
The original agreement between the City and Mr. Kinsey stipulated that con-
struction of the home was to be completed in 18 months. The City has custom-
arily granted extensions to persons who have shown that they are dedicated to
completing construction and contributing to the beautification of the City's
residential areas. Mr. Kinsey has worked with staff to submit a construction plan
and feels that the six month extension will allow him enough time to build his
home.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the time extension, as
well as authorization for both the Mayor and Clerk to sign the resolution and
deed.
d. Police Squad Room Improvements. POLICE
SUMMARY OF REQUEST: Police Department staff requests that the Commission
authorize the use of funds to remodel the Police Squad Room. Improvements
would include new vinyl flooring, an upgrade of the electrical service and new
office furniture. The new design includes five computer stations for report proc-
essing.
FINANCIAL IMPACT: Funds for this project are available in the department's
FY2001 Capital Outlays Account. Total cost of this project is $16,201. The low
bids are:
Electric: Ottawa Electric Co. $ 1,499
Furniture: Lakeshore Office Furniture $13,231 {sole source)
Flooring: Lake Michigan Interiors $1,471
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval.
Motion made by Commissioner Spataro, second by Commissioner Aslakson
to approve the Consent Agenda with the exception of item b.
ROLL VOTE: Ayes: Shepherd, Spataro, Aslakson, Benedict, Buie, Nielsen,
Schweifler
Nays: None
MOTION PASSED
2001-124 ITEMS REMOVED FROM THE CONSENT AGENDA:
b. Liquor License Request. Frontier Liquor Shoppe. 631 West
Southern. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommen-
dation on a request from Sand R Kado, L.L.C. to add space to 2001 SDD-SDM
licensed business located at 631 W. Southern.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
Motion made by Vice-Mayor Shepherd, second by Commissioner Aslakson
to approve the additional space to the 2001 SDD-SDM licensed business.
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Buie, Nielsen, Schweifler,
Shepherd.
Nays: None
MOTION PASSED
2001-125 PUBLIC HEARINGS:
a. Request for an Industrial Facilities Exemption Certificate.
Johnson Technology. Inc. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Johnson Technology, Inc., 2034 Latimer Drive, Muskegon, Michigan, has
requested the issuance of an Industrial Facilities Exemption Certificate. The total
capital investment for this project is $530,780 in real property and $2,930,500 in
personal property for a total of $3,462,280 and will create 30 new employment
opportunities. This request qualifies Johnson Technology, Inc. for a 12-year
exemption for real property and a 9-year exemption for personal property.
Johnson Technology's current workforce is 465.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial Fa-
cilities Exemption Certificate for a term of twelve ( 12) years for real property and
nine (9) years for personal property.
The public hearing opened at 5:52 p.m. to hear and consider any comments
from the public.
Motion made by Commissioner Benedict, second by Vice-Mayor Shepherd
to close the public hearing at 5:57 p.m. and approve the Industrial Facilities Ex-
emption Certificate.
ROLL VOTE: Ayes: Aslakson, Benedict, Buie, Nielsen, Schweifler, Shepherd,
Spataro.
Nays: None
MOTION PASSED
2001-126 NEW BUSINESS:
a. Liquor License Request from 157 N. Gettv. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local recom-
mendation on a request from BC Acquisition Company, Inc., 157 N. Getty,
Muskegon, to transfer ownership of a 2000 Class C-SDM licensed business from
PFC Enterprises, L.L.C. BC Acquisition is also requesting an after hours permit to
operate the restaurant for the sale of food.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
Motion made by Commissioner Schweifler, second by Commissioner Spataro
to approve the ownership transfer to BC Acquisition, Inc.
ROLL VOTE: Ayes: Benedict, Buie, Nielsen, Schweifler, Shepherd, Spataro,
Aslakson.
Nays: None
MOTION PASSED
b. Rezoning Request for City-owned Property on Nolan.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property (surveyed as lots "A"
through "G") located at Nolan St., from R-1, Single Family Residential and OSC,
Open Space Conservation to entirely R-1, Single Family Residential.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the request.
Motion made by Commissioner Benedict, second by Commissioner Schwei-
fler to concur with the Planning Commission and rezone the Nolan Street prop-
erty.
ROLL VOTE: Ayes: Buie, Nielsen, Schweifler, Shepherd, Spataro, Aslakson,
Benedict.
Nays: None
MOTION PASSED
c. Marina Electrical Bid Approval/Contract A. LEISURE SERVICES
SUMMARY OF REQUEST: To approve Prince Bridge & Marine as the contractor for
the sheet pile bulkhead repairs at Hartshorn Marina as part of the Electrical Proj-
ect.
FINANCIAL IMPACT: $134,702.95 with a 50% local match required by the City of
Muskegon.
BUDGET ACTION REQUIRED: Already projected in the 2002 budget.
STAFF RECOMMENDATION: Approve
Motion made by Commissioner Spataro, second by Commissioner Buie to
approve the contract to Prince Bridge and Marine.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Spataro, Aslakson, Benedict,
Buie.
Nays: None
MOTION PASSED
d. Marina Electrical Bid Approval/Contract B. LEISURE SERVICES
SUMMARY OF REQUEST: To approve Depree Electric as the contractor for the
electrical rehabilitation at Hartshorn Marina as part of the Electrical Project.
FINANCIAL IMPACT: $70,695.00 with a 50% local match required by the City of
Muskegon.
BUDGET ACTION REQUIRED: Already projected in the 2002 budget.
STAFF RECOMMENDATION: Approve
Motion made by Commissioner Aslakson, second by Commissioner Schwei-
fler to approve the contract to DePree Electric.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Aslakson, Benedict, Buie,
Nielsen.
Nays: None
MOTION PASSED
e. Reese Building Professional Services Bid. LEISURE SERVICES
SUMMARY OF REQUEST: To award a contract to M.C. Smith and Associates for
the design and construction oversight for the Reese Field Maintenance
Restroom building.
FINANCIAL IMPACT: $10,350
BUDGET ACTION REQUIRED: None, included in 2002 budget.
STAFF RECOMMENDATION: Approve
Motion made by Commissioner Benedict, second by Commissioner Aslakson
to approve the contract to M. C. Smith and Associates.
ROLL VOTE: Ayes: Spataro, Aslakson, Schweifler.
Nays: Shepherd, Benedict, Buie, Nielsen.
MOTION FAILED
Motion made by Commissioner Schwiefler, second by Commissioner Spataro
to table awarding the contract.
ROLL VOTE: Ayes: Buie, Schweifler, Spataro.
Nays: Aslakson, Benedict, Nielsen, Shepherd.
MOTION FAILED
Motion made by Commissioner Benedict, second by Commissioner Aslskson to
award the contract to Gove and Associates.
ROLL VOTE: Ayes: Aslakson, Benedict, Buie, Nielsen, Schweifler, Shepherd
Nays: Spataro.
MOTION PASSED
f. RFP for Investment Management Services. FINANCE
SUMMARY OF REQUEST: RFP's were recently solicited to determine whether the
use of an outside professional money manager made sense for the City of
Muskegon. Based on a review of proposals received, staff is recommending
that MBIA Investors Service Corporation be selected to manage the city's oper-
ating funds portfolio.
FINANCIAL IMPACT: Staff believes that an outside investment advisor will add
value to the city's investment returns by having a professional money manager
focus on investment decision-making and by freeing up internal staff time to fo-
cus on other areas of cash management that can increase the total amount
available for investment.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the contract subject to finalization and
review by the City Attorney.
Motion made by Commissioner Schweifler, second by Vice-Mayor Shepherd
to approve the contract subject to and approved by the City Attorney.
ROLL VOTE: Ayes: Benedict, Buie, Nielsen, Schweifler, Shepherd, Spataro,
Aslakson.
Nays: None
MOTION PASSED
2001-127 PUBLIC PARTICIPATION: Various comments were heard from the
public.
2001-128 CLOSED SESSION:
Motion was made by Commissioner Benedict, second by Commissioner
Schweifler to close session at 7:16 p.m. to discuss pending litigation.
ROLL VOTE: Ayes: Buie, Nielsen, Schweifler, Shepherd, Aslakson, Benedict.
Nays: None
Not Present: Spataro
MOTION PASSED
Motion was made by Commissioner Aslakson, second by Commissioner
Schweifler to go back to open session at 8:00 p.m.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Spataro, Aslakson, Benedict,
Buie.
Nays: None
MOTION PASSED
Motion was made by Commissioner Aslakson, second by Commissioner
Benedict to concur with the City Attorney's recommendations on all litigation
matters.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Aslakson, Benedict, Buie,
Nielsen.
Nays: None
MOTION PASSED
ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon was
adjourned at 8:30 p.m.
Respectfully Submitted,
Gail A, Kundinger, CMC
City Clerk
Commission Meeting Date: September 12, 2000
Date: October 12, 2001
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development CR:;(,,
RE: Six Month Extension to Complete Construction of Home
SUMMARY OF REQUEST:
To approve a six-month extension to allow Mr. Emitt Kinsey, Jr. to complete
construction of a single-family home on Dudley Avenue. The original agreement
between the City and Mr. Kinsey stipulated that construction of the home was to be
completed within 18 months. The City has customarily granted extensions to persons
who have shown that they are dedicated to completing construction and contributing to
the beautification of the City's residential areas. Mr. Kinsey has worked with staff to
submit a construction plan and feels that the six month extension will allow him enough
time to build his home.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Staff recommends approval of the time extension, as well as authorization for both the
Mayor and the Clerk to sign the attached resolution and deed.
COMMITTEE RECOMMENDATION:
None.
10/12/2001
Resolution No. 2001-123( c)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING SIX MONTH EXTENSION TO COMPLETE CONSTRUCTION
OF A SINGLE-FAMILY HOME ON DUDLEY AVENUE
WHEREAS, Emitt Kinsey, Jr. has submitted a request for a time extension; and
WHEREAS, Emitt Kinsey, Jr. has submitted a construction plan to staff to complete construction
of his home; and
WHEREAS, the completion of the new home will further enhance the ambiance of the City's
residential area;
NOW THEREFORE BE IT RESOLVED, that Emitt Kinsey, Jr. be granted an additional six
months to complete construction of his single-family home on Dudley Avenue.
Adopted this ____sL day of October, 2001
Ayes: Shepherd, Spataro, Aslakson, Benedict, Buie, Nielsen, Schweifler
Nays: None
~~; 1
Absent · None
By: t • ,
~ ~l Nielsen, M~~or
Attest: ~ r--
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G-a-il_K_u_n_d=in-g-er-,-+<--le-r-k
CERTIFICATION
I hearby ce1iify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on October 23, 2001,
Property currently owned by
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~~~~~~---------------
CITY COMMISSION MEETING
Tuesday October 23,2001
TO: Honorable Mayor and City Commissioners
I
FROM: Anthony Kleibecker, Chief of Police /7 L .I~
0
DATE: October 4, 2001
SUBJECT: Police Squad Room Improvements
SUMMARY OF REQUEST:
Police Department staff requests that the Commission authorize the use of funds to
remodel the Police Squad Room. Improvements would include new vinyl flooring, an
upgrade of the electrical service and new office furniture. The new design includes five
computer stations for report processing.
FINANCIAL IMPACT:
Funds for this project are available in the department's FY2001 Capital Outlays Account.
Total cost of the project is $16,201. Bid sheets are attached. The low bids are as follows:
Electric: Ottawa Electric Co. $ 1,499
Furniture: Lakeshore Office Furniture $13,231 (sole source)
Flooring: Lake Michigan Interiors $ 1,471
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATIONS:
Staff recommends approval.
Af.G 21 2001 11:25AM 0TTR~R ELECTRIC INC 616 042 1104 p. 1
OTTAWA ELECTRIC INC. PROPOSAL
1051 Jackson Page No. I of I
Grand Haven,. MI 49417 Proposal No. PrOOJSO
Phono (616) 842-2760 - (231) 733-2828 Fax (616) 842-ll04
Fax. Number Phone N1rnber Date
To City of Muskegon 724-6028 I I Aug. 21, 2001
993 Terrace St. ~obNeme/ Police Department
Muskegon,MI.49442 1.,ocation
Attn: J.R.
We hereby submit specifications and estimates for:
Labor and material for the following.
Furnish and install three circuits for computers.
Furnish and install seven drops in wiremold at individual stations.
Furnish and install isolated ground receptacles,
Electrical permit is included.
-
We Propose hereby to furnish material and labor • complete in accordance with above specifications, for the sum of:
One Thousand Four Hundred Ninety-nine and No/I 00 dollars $1,499.00
Payment to he made as follows
10th prox
Ailmatmli i1 plnfflaed 10 be M tP"fled. All~ IQ bt aimpkttd fl l W Q ~ INMW
~ to llbrodard~. Any Ailm'MI\ ordevwionfi'wall,av~ .111ecl6.ladonl IIM>lvi• Signature
lllttra, toll.I "Will te ~ a . I f ~ writtlll'I ordtn,. ICld will blMme .. ~<hlrpovcr and Roger Hilfiard
~bCD!IIII.A11~100!\lq;mtuponltriJ<a ~orcW91liqondOUl'OOIIUll!
0-.W.wto CllfJ)' ~ condoaod Olbril' U:IIIIUJ'IM.lllll.'1C Note: This ])TOposal may be with-
Ourv.ut.in ~Mycovcnd 0,- W«b.a•'w C o ~ UlalJUOI. drawn by us if not accepted within 30 00:1'.S,
ACCEPTANCE OF PROPOSAL. The above prices,
specifications and conditions are satisfactory and are hereby Date of acceptance
accepted. You arc authorized to do the work as specified.
Payment will be made as outlined above. Signature
)
•· · Al,G-,21-2001 12:571'11 FRW-fiEM<IRK ELECTRIC 2317221680 T·D4D P.001/001 F-857
1875 Roberts Street, Muskegon, Ml 49442
Phone: (231) 722-1691 • Fax: (231) 722-1690
E-mail: info@newkirk-electric.com
August 21, 2001
City of Muskegon
Attn: Mr. J. R. Gann
Fax: 724-6028
Subj: Additional Circuits
Gentlemen:
We are pleased to submit a Lwnp Sum Price of One Thousand Nine Hunw:ed Eighty-
five Dollars ($1,985.00) to furnish and install six duplex receptacles on three "clean"
circuits in the Squad Room of The MuskegOll Police Department. These circuits will
originate in the designated 120/208 volt panel on the first floor, run above the ceiling in
the basement and drop down the wall in wiremold at six locations, all as discussed
during out walk-through on August 20, 2001.
Thank you for inviting o~ Company to quote on this project. Should you have any
questions regarding this proposal, or if we can be of fm:ther service, please contact this
office.
Very truly yours,
NEWKIBK ELECTRIC ASSOCIATES, lN'C.
~f~
Clyde F. Marine
Vice President
CFM:maf
cc: P-37673
~ AUG-21-01 TUE 12:07 BELASCO ELECT. 616 722 1814 P.01
BELASCO ~
ELECTRIC
Co., Inc.
t; (e1s) 122.3997
FAX 722-1814
1391 Peck St.
Muskegon, Ml 49441
QUOTATION
COMPLETE ELECTRICAL CONTRACTING
, .. {)8 - ;)..I - 6 I
' C, IT y v..sk.E60N
o;:-:. fV\
7 DATE
q s3 T .Ee.BA-CE P,'.GE OF /
tv1 u 5 k£ &:::,I\)/ ;v,::z:.. 4-q 4-'ts.
REFERENCE po1.-1 c E.. D-l::lr.
'··-
~T1 r.NTION
'-5. R. 64/\J,v _J
w;: ARE F>LEAof.D 10 SUBMIT THE FOLLOWING QUOTATION FOR YOUR CONSIDERATION:
~00::;:Ac:;NT.:.:.IT_:_Y~--------~_..,:P:..:;c£:;;9C:;.:A:.:,.IP.:.;.Tl;::;ON;.....__ _ _ _ _ _ _ _..........j ...., .. _!l.~!-•R_,c~ ____ ..... ·-·-·
c.., a.. c.u I TS -ro (lo) c.. {),.,.,, {) {A' ,Efl_
1-.. OCA,to,v~ A$ Pff..lL 'S'.R...
f{lc C £ .:r;-f\)C.t--u.t'\E.S: A-L-l..- t-A,fl.::,o,-e.,
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:>t11vtA_v_ _ _ _ _;.__r_o_.a_ _ _ _ _ _ _ _....Jl~re_R_MS_,- - - - - - - - - - · - · . ._ ____ _
IMPORT/INT
PRICES ooon ,-QR ACCE;PTANC~ AND SHIPMENT IN ,o
flAVION1,.'f, UNI.!$$ OVCH TIME IS EXTENDED IN WRITING.
O!JAITTIYIES SHOWN ABOVE ARE NOT OUAAAN'TEED.
BY
I'll.AVIS GRIFFITH CITY OF MUSKEGON Page
LAKESHORE OFFICE FURNITURE 933 TERRACE STREET CTYPOLO
2615 TEMPLE STREET MUSEKGON MI. 49441 06/11/0
\flJSKEGON MI. 494444 08:24:2
231-733-0604 231-724-6707 J.R
?urchase Order: QUOTE
rRICE INCLUDES DELIVERY AND INSTALL PRICE DOES NOT INCLUDE TAX
<noll Catalog Net
)TY PATTERN # DESCRIPTION NET EXT NE
=====-=----------------=-------==--======----=====-=======-=========~======~===
5 .3B30C05 *Pedestal, Floor 6/6/12 253.33 1266.6
2 .226CAA Lateral 36Wx27-3/4H Base=Equ 305.50 611. 0
5 .ATB3619 Tackboard, 36Wx19H 86.90 434.5
2 .ATB4219 Tackboard, 42Wx19H 97.90 195.8
2 .CW48R30 Corner Worksurface 255.75 511.5
3 .R876030 Worksurface, Rect Laminate 187.00 561.0
7 .R877224 Worksurface, Rect Laminate 194.70 1362.9
5 .R877230 Worksurface, Rect Laminate 226.05 1130.2
1 .R879030 Worksurface, Rect Laminate 240.9_0 240.9
10 .RPWSF24R C-Leg, Desk-Height Right 70.43 704.3
9 .880924 Connector Bracket, 24W 11. 50 103.5
2 .881630 End Panels, Desk-Ht. 30D 106.00 212.0
5 .RPBBM36PL Binder Bin w/Painted Door 167.40 837.0
2 .RPBBM42PL Binder Bin w/Painted Door 172.80 345.6
11 .DWS40 *Wall Mount Channel, 40H 28.35 311. 8
1 .FORMS RACK AND TABLE 884.40 884.4
24 .X313-505-68 STACKING CHAIRS 57.20 1372.8
5 7C8-l-D5G-H Bulldog Prof Armless Chair, 365.19 1825.9
1 .DELV. INSTALL 320.00 320.0
cOTAL NET ALL GROUPS $13231.9
,
Fh:v;n: no/16' To: J.R GANN Dom: 8122/2001 Timoc 12cl3:56 PM ea,. 2 ol 2
' -----·---
JI •-No. 1 "1
....... ~
LAKE MICHIGAN INTERIORS, INC.
4788 Grand Haven Rd.
MUSKEGON, MICHIGAN 49441
(616) 798-2'79
PROPOSAl
FAX (616) 798~
TO CITY OF MUSKEGON
ATTN: 1.R. GANN
933 TERRACE STREET
P.O.DOX536
MUSKEGON MI 49443--0536
- oc:ATION
l,{(JSKEGON CITY SQUAD ROOM
I"".,.
"
w• hereby m.mmlt ap•olfloauon, aJ'ld ..UmatH fw:
I.AA-• ~-ft
JOI!,._ ... f,,J08PM0NE
REMOVE EXISTING VINYL Tll.E.
FURNISH AND INST AIL NEW STANDARD ARMSTRONG 1/r COMMERCIAL VINYL 1n..E AND
NEW VINYL BASEBOARD.
$1471.61
$350.00 CAN BB DFDUCTED FROM THE ABOVE PRICE JF THE NEW TILE IS INSTAU.ED OVER THE
EXISTING TILE IN LIEU OF REMOVAL
-
'
TO ACCEPT nns PROPOSAL, PI.EASE SIGN AND RETURN nm WHITE COPY OR YOUR PURCHASE
ORDER. mANK YOU.
\\e Propose hereby to furnish material end labor - complllte in accorihlnoe- with the ebOve apecffic:atlonl, far the aum of:
Ono 'Ihoulal.d Four HmMmt Ono and 61/100 Do1lan dQlltf1 (I t .1.71 "" ).
Ptymw to be mllldt " 111nows:
BALANCE DUE UPON COMPIETION OF THE JOB.
INTEREST Will BE CHAR.GED AT 1 l/2%1'El MON1H AFTER 30 DAYS.
;\.
~
Ml IMltrial II .,.-.n19'td to bf as ~flta. All wtOl'k 10 bl eotnPl.-d In a ~ l o t l l l f
,_,,_ MOlll'llng II) ~ OfaCIICN. .ArrJ abradon or IMIYIIHon hm et,O,'t IJIIOllk»
tlini ~ - . . . oor11 \Ifill be ~ a c i aniy upw wl'iltWI orcs.r.. Md win badcl'/MI an
ftlrll - - , . OWtf 1r,o ~ 1111t ntiNM. Al ..,_. . .111 oonrl"lf!TI. W101t a - . ~
or . . , , ...,._, cu contr0l. OWnlc' ro cany flra, '°'"40 and attw ~ m1~.
Ow._.._._,. M'V ocwwed ~ WM:lf'I C(lffiflll'lllatkln ri,1t1111\c».
-
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Nia Thia propo.al ~ l)t
Wlf'ICJnMn bi,- YI ff riot ~ within 30
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Acceptance c# Proposal - ,,,. llb<we prlOM, opeolfioationB
Ind COndltlono ""'Ullsfaclory and.., henoby &ceapl9d. You 11111 authortffll Sig~, ..
'
to do th• worlr u apactfled. Payment wlU be madt •• outlined 1.bave.
~D111 DI Aacllph1rtc9:
Sigl'l&tlJ,..
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08/20/01 10:10 U818 733 9900 SJBTSBIIA PL COV iJ00l/001
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SIETSEMA FLOOR COVERING
329 WEST IROADWA.. :Y__•_ __:.:.MUS=aGO=..::.:.K...:.H_E...:_IOHIS....:.:.:.:,.·':_M...:.ICH_I_GAN _ _ _• __rw
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JQf. NAME·
POL\C:..E. ne.p-r 711..E
snu,
CITY. CITY· I5'AT(·
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i .\2... GA lJ aJ I
We ha,.i,., ,u1Nn11 11,etifica,;,.,.. oRd estimClle. fo,. .£,ti STA L../,..
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I tJ LowE J?.. POL.IC..€. DE:PT. 0 P..F/Cc., W 1TH 4,,
Vl t.l 'IL BA Sc. C.Ho1c... E. OF Co LOI!..
l'Y)f\,, 4- J..A g o F:., I 9 0 4. 2. 3
PR. IC...€.
I IJ CLl)-IJ E.:S RE./Yl o V~L OF EX I~ Tl AJ G
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move:
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a._,ioa or de-ial:C:.111 f-N• ~ ... , tNCi&cei;e.iit kwehri1111 Him c:a~1• ..,m bol t:lfflllird enfy uPOn "'"'" othfl, •nod ,will ht6 • c an e1dn. ca.a.,,.
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lu-nprattr.r l1f Jtopaal
Tha DIMwe prices, 1p"<iftculio,,1 ond <011diliom .,... mli.!atlory and ""' hereby aca,pted_ You oto outllo,iied h> do tho
wort, os apedi\ed • ....,,...,,, lolil be ftlGd• GI C>ulti<Mld a - .
Au,ptril, S-111nalu"'----------·------
~'------------ Slgnalun, _ _~ - - - - - - - - · - - - - -
NOTI:, This l'ropotal mo~ b• wilhdmwn b1 u• if not 11ccepled within _ _ _ _ _ d"'I'••
-. ·-.
LANGE CARPET CO., INC.
605 W. Dale
MUSKEGON, MICHIGAN 49441
{616) 726·2352
.G. I'{ /Jr-:'.... ......
OESCRl?ilON PRICE AMOUNT
.. ·-· --I -
"'· ~~A-\~;~·-·\ . \; '.f~: .. .. ... pc:; 1.J :~ .. .
\ -\ \\'\'$i-r.l\. ~:,,:. ,~\,..,. C'-'11 )<c. .. l½'lO.: ~ .. .
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................ ······ .......................... ···-rl ........
.............. IF ........
.. . . ... ·•· .. I. ..........
I
............\........ .
'
...... .I .......
I
·• . . •... I. ... •· ..
TAJ(
. . ............ ,........ .
I
TOTAL
All ch,tma and n,-turn1:1d goOde
MUST bO' a.;;eompanted by this bUt.
--~-------------·----
-- o __ _
.Jun 20 01 02:43p Scott 2317278908 p.l
·•......__;-'
LANGE CARPET CO.• INC.
605W. Oale
MUSKEGON, MICHIGAN 49441
(616) 726-2352
OESCRIPTION AMOUNT
TAX
TOTAL
MUSY be aocomPl'f11ed by ttt,.
All clalma and returned good•
bnr.
,:-~,D~,i=.'.,. THANK YOU
Date: October 23, 2001
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
Frontier Liquor Shoppe, 631 W. Southern
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from S and R Kado, L.L.C. to add
space to 2001 SOD-SOM licensed business located at 631 W.
Southern.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All Departments are recommending
approval.
_,! lffirmallve Action
, ,_ ;-6703
Assessor
724 6700
CcmclCl'Y
724-6783
West Michigan's Shorclb1c City
Civil Service
724-6711)
Clerk September 20, 2001
724-6705
Engincc1•ing To: The City Commission through the City Manager
724-6707
From: A '--. I ~ o.,. ~
Finance
Ant~y L. Kleibecker, Chief of Police
72'1-6713
Re: Request to add space at 631 W. Southern Avenue
Fire DeµL
724-ll792
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Sand R Kado, L.L.C. Sand R
G N, Sc1•viccs
724-6717 Kado, L.L.C. are requesting to add space to SDD-SDM licensed business at 631 W.
Southern A venue.
Inspections
724-6715
It has been over one year since Sand R Kado, L.C.C. has taken ownership of this
business and control of the liquor license. During that time there has been two incidents
where the store employees have sold alcohol to a minor during a citywide alcohol sting.
Leisure Ser vice The last to MIP violations were on 5-25-00 and 8-27-00. Since those violations there
72+(i70•1
have been no additional problems with the business. I find no police related reason to
deny this transfer.
Mm1ngcr's orncc
724-6724
Mnyor's Office TK/cmw
724-6701
l'lairning/Zoning
72'16702
Pollce DepL
724-ll7fi0
Puhlic Works
726-4786
'l'rcasurr.r
72•16720
\VatcrDcpl, Ci Ly or Muskegon, P,O. Box 536, 980 Jefferson SLrccL, Muskegon, Michigan 4944 :J-0536
724-()718
9-24-01
TO: ChiefKleibecker
RE: LCC Request ID# 132715
Request to add space to 631 W. Southern Ave.
On 9-24-01 I spoke with Raad Kado of S&R Kado L.C.C. concerning the addition to 631
W. Southern Ave. I was informed that the addition would consist ofa 20' x 60' space to
the north side of the building to be used as a stock room. Mr. Kado stated that he does
have blueprint for this addition if the city needs them for further examination.
K. Dylanan
;:o,1 _ MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
(/_ /OJ LIQUOR CONTROL COMMISSION
':?,)0. 7150 Harris Drive
P.O. Box 30005
Lansing, Michigan 48909-7505
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1(4)]
DATE:August 16, 2001
REQUEST ID# 132715
Chief of Police
Muskegon Police Department
980 Jefferson Street
Muskegon Mi 49440
Chief of Law Enforcement Office
KJ9DV
Applicant: sand R ~ , L.L.C. request to add space to 2001 SDD-SDM
licensed business located at 631 W. Southern, MusekgoR', MI 49441,
Muskegon County. /YI 1JJ/<er,o.J
Please make an investigation of the application. If you do not
believe that the applicants are qualified for licensing, give your
reasons in detail. Complete the Police Inspection Report on Liquor
License Request, LC-1800, or for Detroit police, the Detroit Police
Investigation of License Request, LC-1802. If there is not enough
room on the front of the form, you may use the back.
Forward your report and recommendations of the applicant to the
Licensing Division.
If you have any questions, contact the Licensing Division at (517)
322-1400, after 10:00 a.m.
LC-1972 Rev. 6/92
4880-1658
nll
Affirmative Action
616/124-6703
fAX/722-1214
Assessor
616/724-6706
FAX/724-4178
Cemetery
616/724-6783
FAX/726-5617
Civil Service
616/724-6716
FAX/724-4055
Clerk
616/724-6705
FAX/724-4178
Comm. & Neigh,
Services
October 16, 2001
616/724-6717
FAX/726-2501
Engineering
616/724-6707
FAX/727-6904 Ms. Mary Jo Mccann, President
Nelson Neighborhood Association
Finance
616/724-6713 461 W. Webster
FAX/724-6768 Muskegon,MI 49441
Fire Dept,
616/724-6792
FAX/724-6985
Dear Ms. McCann:
Income Tax
616/724-6770 We have received a request from the Liquor Control Commission for S & R
FAX/724-6768 Kado, L.L.C. to add space to the 2001SDD-SDM license at 631 W. Southern
Info. Systems (Frontier Liquor Shoppe). On Tuesday, October 23, 2001, the City Commission
616/724--6706 will review this request and determine whether or not it should be recommended
FAX/722-4301
for approval.
Leisure Service
616/724--6704
FAX/724-1196 You are being sent this notice because the City Commission would like to know
Manager's Office
how the Neighborhood Association feels and would appreciate any comments that
616/724--6724 they may have. You may send these comments to 933 Terrace, Muskegon, MI
FAX/722-1214
49440 or attend the City Commission Meeting on October 23, 2001, at 5:30 p.m.
Mayo!''s Orfice in the Commission Chambers.
616/724-6701
FAX/722-1214
If you have any questions, please feel free to contact me at 724-6705.
Neigh. & Const.
Services
616/724-6715
FAX/726-2501
Sincerely,
Planning/Zoning
616/724-6702
FAX/724-6790
Police Det>t,
Linda Potter
616/724-6750 Deputy Clerk
FAX/722-5140
Public Works
616/724-4100
FAX/722-4188
Treusurer
616/724-6720
FAX/724-6768
Water Billing Dept.
616/724-6718
FAX/724-6768
Water Filtration
616/724-• 106
FAX/755-5290 City of l\lluskegon, 933 Terrace Street, l'.O. llox 536, Muskegon, Ml 49443-0536
Affirmative Actio,n
616/724..6703
FAX/722-1214
Assessor
616/724-6708
FAX/724-4178
Cemetery
616/724--6783
FAX/726-:361"/
Civil Service
616/724-6716
FAX/724-4055
Clerk
616/724-6705
FAX/724-4178
Comm. & Neigh. October 16, 2001
Services
616/724-6717
FAX/726-2501
Engineering
616/724-6707
FAX/727-6904
S & R Kado, L.L.C.
631 W. Southern
f,"inance
616/724-6713 Muskegon,MI 49441
FAX/724-6768
Fire Dept. Dear Sir:
616/724-6792
FAX1724-6985
This letter is to inform you that your request to add space to the 2001 SDD-SDM
Income Tax
616/724-6770
license at 631 W. Southern, will be presented to the City Commission on October
FAX/724-6768 23, 2001. This meeting begins at 5:30 p.m. and is located in the Commission
Info. Systems
Chambers, 933 Terrace, Muskegon, MI.
616/724-6706
FAX/722-4301
This request has also been sent to the Nelson Neighborhood Association for their
Leisure Service comments. It is Commission practice to let the Neighborhood Association know
616/724-6704
FAX/724-1196 of any liquor license requests that are located within their boundaries. This allows
for comments from the people who live there and not just from the owners of the
Manager's Office
616/724-6724 business' who are located there.
FAX/722-1214
Mayor's Office If you have any questions, please feel free to contact me at 724-6705.
616/724-6701
FAX/722-1214
Sincerely,
Neigh. & Const,
~ /iltic
Services
616/724-6715
FAX/726-2501
Planning/Zoning Linda Potter
616/724-6702
FAX/724-6790 Deputy Clerk
Police Dept.
616/724-6750
FAX/722-5140
Public Works.
616/724-4100
FAX/722-4188
Treasurer
616/724-6720
FAX/724-6768
Water Billing Dept.
616/724-.5718
FAX/724-6768
Water Filtration
616/724--1.106
FAX/755-5290 City of Mus!,egon, 933 Terrace Street, l'.O. Box 536, Muskegon, MI 49443-0536
MEMO
To: Chief Anthony Kleibecker
From: Detective Kurt Dykman
Date: 8-24-01
Re: Add to space at 631 W. Southern Ave, Muskegon, MI
Chief Kleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant S and R Kado, L.L.C.
Sand R Kado, L.L.C. is requesting to add space to SDD-SDM licensed business at 631
W. Southern Av, Muskegon MI.
It has been over one year since Sand R Kado, L.C.C. has taken ownership of this
business and control of the liquor license. During that time there has been two incidents
where the store employee's have sold alcohol to a minor during a city wide alcohol sting.
The last to MIP violations were on 5-25-00 and 8-27-00. Since those violations there
have been no additional problems with the business. I find no police related reason to
deny this transfer.
Respectfully submitted,
~··
Det. Kurt Dykman
data/common/kado2
;0-/- \\/
LIQUOR LICENSE REVIEW FORM
Business Name:
- - - -5- - - - -If'
I/- if
-q~J - -L.i..--- C.
0
-----
AKA Business Name (if applicable): Ecol? fr'e- r L/6 uor
Operator/Manager's Name:
Business Address: ( 3) (,j}. Souf)er~
Reason for Review:
· New License D Transfer of Ownership D · .Dance Permit D
Drop/Add Name on License D· O
Transfer Location
Drop/Add Stockholder Name D New Entertainment Permit D
Other A-JJ Space...
t
f-o ;2..oo/
Deadline for receipt of all information: _ _;_o_-_l_G_-_0 _1_·_ _ __
Police Department Approved D Denied D No Action Needed D .
Income Tax Approved ~ Owing D Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved • Denied D PendingZBA •.
Clerk's Approved D Owing • Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature__~- - - -
~- ~- - -·- - - - - - - -
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM
Business Name: _
s rr If
_ _ _ _c _ _ _ ; _ __
/( q Jo !.. . /_. C.
_;.__~t----------
AKA Business Name (if applicable): Ual? f/e r L✓-5 uor S /2<;,t-2;,R~
Operator/Manager's Name:
Business Address:
Reason for Review:
· New License D Transfer of Ownership D · .Dance Permit D
Drop/Add Name on License D· D
Transfer Location
Drop/Add Stockholder Name D New Entertainment Permit D
Other A-JJ Spa. ce...
(
;2od I SIJiJ- sf) /YJ / / c f'~[;L
Deadline for receipt of all information: _ __;1~0_-_I_G_-_0 _1_-_ _ __
Police Department Approved D Denied D No Action Needed D _
Income Tax Approved D Owing D Amount:
Treasurer Approved ~wingO Amount: ----
Zoning Approved D Denied D Pending ZBA D
Clerk's Approved D Owing D Amount: _ _ __
Fire/Inspection Compliance D Remaining Defects _ _ _ __
Services ·
Department Signature_ __,/2~
. .'~'
. . -"""""-,
___l _,_1-o/-1-·6)_,,__-_ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
p - / - \\ I
RECEIVEOJQUOR LICENSE REVIEW FORM
Business Name: . s <1-- If /f 9 Jo L . L. C.
OCT 2 200?
AKA Business Name (if applicable):
CITY OF MUSKEGON
PLANNING dWfAfltMffllnager's Name:
Business Address: [ti. So crf/2 er'?
Reason for Review:
· New License D Transfer of Ownership D · .Dance Permit D
Drop/Add Name on License D· Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other AJJ Sf}o. ce..
f
f-c:, ;2._oo / SIJ/J ·- SOM l/c f',1[,e._
Deadline for receipt of all information: _ _;_o_-_!_6_-_0 _1_·_ _ __
Police Department Approved D Denied D No Action Needed •.
Income Tax Approved • Owing D Amount:
Treasurer Approved D D Owing Amount:
Zoning Approved li(J Denied D PendingZBA •
Clerk's Approved D Owing • Amount:
Fire/Inspection Compliance 0 Remaining Defects
Services
Department Signator~ .7 ~a-,,.,,r
Gail A. Kundinger, City Clerk
Liquor License Coordinator
,.o-1-\\J
·'
LIQUOR LICENSE REVIEW FORM
Business Name: L. f.. C .
AKA Business Name (if applicable): &al? fr'e r L/t; 140,.-, Sho~-e_
,,
Operator/Manager's Name:
Business Address: fl/ So uf /2 er'?
Reason for Review:
· · New License D Transfer of Ownership D · .Dance Permit D
Drop/Add Name on License D· D
Transfer Location
Drop/Add Stockholder Name D New Entertainment Permit D
Other AJJ Space..
I
f-o ;2._od/ SiJIJ-s!)JYJ //ct'//re...
Deadline. for receipt of all information: ------'1'--0_-_!_6_-_0 _1_·_ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved• Owing D Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved • Denied D PendingZBA •.
Clerk's Approved !i] Owing • Amount:
Fire/Inspection Compliance D Remaining Defects
Services
n /'1 · I
Department Signature_---1Bl--l---'L_Ui--,
_ _ _.._Jd,,....~_,8,'"""~'-";.>::.L\1Jc..;..__ _ _ _ _ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM
Business Name: L .i. C .
AKA Business Name (if applicable): &al? f/e r L.✓-6 uor
Operator/Manager's Name:
Business Address:
Reason for Review:
· New License D Transfer of Ownership D · .Dance Permit D
Drop/Add Name on License D· D
Transfer Location
Drop/Add Stockholder Name D New Entertainment Permit D
Other AJJ Spq
, ce.. f-Q ;2.oo /
Deadline for receipt of all information: _ _I_O_-_!_G_-_0 _/_·_ · _ __
Police Department Approved D Denied D No Action Needed D .
Income Tax Approved • Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA •
Clerk's Approved D Owing • Amount:
Fire/Inspection Compliance ~ Remaining Defects
Services
Gail A. Kundinger, City Clerk
Liquor License Coordinator
t',,/ I
_ Michigan Department of Consumer & Industry Services
,, ' t , , 1 • • LIQUOR CONTROL COMMISSION
' POLICE INSPECTION flEPORT ON ,LIQUOR LICENSE REQUEST 7150 Hanis Drive
1 -
,,.,f
~
ortant:
I
1f
f--1 .
f
, (A~ uthonze
✓ )-7> --D I
· d b MCL 36 7 )
Y
.
4 . a
Please conduct your investigation as soon as possible and complete all four sections of this report.
Return the completed report and fingerprint cards to the Commission. 13271 5 NLL
·
'
P.O. Box 30005
Lansing, Michigan 48909-7505
BUSINESS NAME AND ADDRESS: (include zip code) S ANO R l~-AOO, L• L• C•
631 W. SOUTHERN, MUSKEGON, MI 49441, MUSKEGON COUNTY
REQUEST,FBRADD SPACE TO 2001 SOD-SUM LICENSE ~USINESS
/ (
APPLICANT# 1: APPLICANT #2:
HOME ADDRESS AND AREA CODE/PHONE NUMBER: I HOME ADDRESS AND AREA CODE/PHONE NUMBER:
NO FINGlR PRINTS NECESSARY ""
!' ..... - .. )
f
DATE OF BIRTH: DATE OF BIRTH: ' ·-' ·-
If the applicant is not a U.S. Citizen: , If the applicant is not a U.S. Citizen:
o Does the applicant have permanent Resident Alien status?
• Yes ONo
o Does the applicant have a Visa? Enter status:
· ·- ~ o ,Does the applicant have permanent Resident Alien status?
D Yes D No
o Does the applicant have a Visa? Enter status:
Date fingerprinted: Date fingerprinted:
ARREST RECORD: 0 Felony O Misdemeanor ARREST RECORD: 0 Felony O Misdemeanor
Enter record of all arrests & convictions (attach a signed and Enter record of all arrests & convictions (attach a signed and
dated report if more space is needed) dated report if more space is needed)
Can living quarters be reached from the inside of the establishment without going outside? D Yes ,~ No
Does applicant intend to have dancing or entertainment?
'IllNo D Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? [)21 No D Yes, explain relationship:
.. Locai
. . · ,· Stale
.and . .
-, .¢ciites
.· · - .. arid
-- · . Ordinances,
. . . ... .~nd.General
. . ·... Rec6mmeh'dation~
. .· ·. .
Will the applicant's proposed location meet .all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and
ordinances, if this license is granted? ~ Yes D No
If you are recommending approval subject to certain conditions, list the conditions: (Attach a signed and dated report If more space is needed)
I Section ·4. · :Recomm~ndation
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? Yes No Ill D
2. Is the. proposed location satisfactory for this business? lK] Yes D No
3. Should this request be granted by the Commission? jXI Yes No D
4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report If more space is needed)
/-), L . I /;,X .
.._,._J.) • J Y 2?,-c, 1
Signa1u¾ (Sherill or Chief of Police) Dale
LC-1800 Rev. 06/97 (Mail white copy to the Commission, Keep yellow copy for your file)
.....
MIC:-ilGAN DEPARTMENT OF COMMERCf
LIQUOR CONTROL COMMISSION
RESOlUTDON
' b)
_2001 - l24(
At a Regular meeting of the - - ----'C"=i'"'
t'-'y--,-:,C"°"o"'mm=i~s""s~i._.,.o""n.__~--- - - -
(Rsgular, or Spa:iall (To-1p Soald, CJty ol Vlli4Qtt Councill
called to order by _ _ _M...;;a;.;.,y..co;.;;r.....;;.N.;.;;i;,.;e;.;;l:;;;sa.aea.an.___-0 n ---"'O""'c"""to.._b a....a.1. .__ at
...e..,r__.2_34 ,___._2.... 5: 30 P.M;
the following resolution was offered: ·
Moved by Vice-Mayor Sb~Dherd and Supported by Commissioner Aslakson
That the request from S and R Kado , L. L. C. , 631 W. Southern, Muskeogn, MI
MI, to add space to 2001 SDD-SDM Licensed Business
be considered for A roval
(Approval or OIM4>PIQ'iall
Approval Disapproval
Yeas: 7 Yeas:
Nays: o Nays:
Absent: .o Absent:
It is the consensus of this legislative body that the application be ---1i.ecommendP=d.,__
(Aocamm•fl<lll<I or
__
- - - - - - - - . . . . . ; .___ for issuanca.
not Recammanciedl
State of Michigan ) SS
County of Muskegod
I hereby cartify that the foregoing is a true and complete copy of a resolution ottered and adopted by the
City Commissi on at a ----~Rc::ee:og~u""l~a~r_ _ _ _ _ _ __ _
(A1111ular Of Spoctall
meeting held on the _...,O...,.c..,,t,.,.,,o,.,.b...,,e.....r__,_2_3,...,__,_2..,,Q.,,,Q.,_J..__
Q ~~
- --
(O•t•I
(Signed) . _L (Townenip, Clly. or Volloge Cler!II
Gail A. Kundi nger, City C erk
933 Terrace, PO Box 536
(Addr- ol Tawnanip, City or Village Baotdl
SEAL Muskegon , Ml 49442-0536
rail ,'6'6iTiplete items 1, 2, and-'3, Also c0mplete A.
item 4 if Restricted Delivery is desired.
llal Print Your name and address on the reverse
C. Signature
so-that we can return the card to you. D Agent
NI Attach this card to the back of the mailpiece, J{
D Addressee
or on the front if space permits.
D Yes
"1 . Article Addressed to: • No
2. Article Number (Copy from service label)
I
7000 (;)S-620 00/3
PS Form 3811, July 1999 Domestic Return Receipt 102595·00·M-0952
Liquor Control Commission I,
7150 Harris
PO Box 30005
Lansing, MI 48909-7505
REF: #132715
631 W Southern
Muskegon,MI 49441
To Whom It May Concern:
Enclosed is the resolution and police inspection report (LC-1800) for the liquor
license change request mentioned above.
Please do not hesitate to call me at (231) 724-6705 if you have any questions.
Sincerely,
okr/4 ~
Linda Potter
Deputy Clerk
Enc.
Commission Meeting Date: October 23, 2001
Date: October 15, 2001
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development e,£.ic_,
RE: Public Hearing - Request for an Industrial Facilities
Exemption Certificate - Johnson Technology, Inc.
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, Johnson Technology, Inc., 2034
Latimer Drive, Muskegon, Michigan, has requested the issuance of an Industrial
Facilities Exemption Certificate. The total capital investment for this project is
$530,780 in real property and $2,930,500 in personal property for a total of $3,462,280
and will create 30 new employment opportunities. This request qualifies Johnson
Technology, Inc. for a 12-year exemption for real property and a 9-year exemption for
personal property. Johnson Technology's current workforce is 465.
FINANCIAL IMPACT:
The City will capture certain additional property taxes generated by the expansion (see
attached Summary Sheet).
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption
Certificate for a term of twelve (12) years for real property and nine (9) years for
personal property.
COMMITTEE RECOMMENDATION:
None
10/15/2001
Michigan 01vmment of Treasury, STC
1012 (Aav. 9-,98)
APPLICATION FOR INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
This form is issued as provided by P.A. 198 of f974, as amended. Section references on this form are to specific sections of the act that
,xplain or require the data. Filing of this form is voluntary. The application should be filed after the districlis established and no
aterthan (with.in) six months after the commencementof the project. This project will not receive tax benefits until approved by the
State Tax Commission.
INSTRUCTIONS: Read the instructioAs on page 4 before completing this application. File the original and four copies of this form and
the required attachments ·(five complete sets) with the clerk of the local government unit. (The State Tax Commission
requiresfourcompletesets (one original and three copies)). One copy is retained byihe cleric.
TO BE COMPLETED BY CLERK OF LOCAL GOVERNMENT UNIT THISSECTION FOR USE BY THE OFFICEOF.
Clerk must also complete sections 19 and 20, page 3. .THE STATE TAX COMMISSION
.
Signature Application -No.
Date Received Date Received IWritten Agreemenfl
- . 0YES • No
Applicant do not write above this line. Begin entries at 1below
1a. Applicant (Company) Name {Applicant must be the occup8.nt/operator ohhe facility) b. Standard lndustrial Classification Cade (Sec. 2(10})
Johnson· Technolorm. Inc. Four Digit Cade !IE 3 17 12 14
c. Campany Mailing Address (No. and S1teet: P.O. Box, City, State., ZIP} First time applicants attach copy at Worker's
2034 Latimer Drive, Muskegon MI 49442 Compensation policy displaying workers codes
d. Location of Facility (No. and Street, City, State; ZIP) {Attach Legat Description) e. Clty/fwp.NU!age f. County
2034 r - ~ ' --r ~ ino M,,cv-e,..,.,...,n MT 40AA') ll."-, ....1. ~ - - ~ - M11drerrr\n
2. Type of Approval Requested 3. School District Where Facility is Located a. School Cade
0 NEW (SEC. 2(4)) D SPECULATIVE BUILDING (SEC. 3(81) Orchard Vie,; 61-190
D TRANSFER (of existing certificate) {1 capy only) 4.How Many Years of Exemption Requested? {See note in box 19 regarding
0 REHABILITATION (SEC. 3(1)) D RESEARCH and DEVELOPMENT (SEC. 2(9)) inclusion of the words "after completion.") 12
5. Explain Applicant's Principal Type at Business (Detailed description of operations)
Turbine engine component manufacturing for aerospace and land based applications.
I
Sa. Rehabilitation Applicants Only: General Description and Use of Existing Facillty {Number of buildings, type, siz~, use, products manufactured, type of research or development.)
N/A
.. .
b. Explain Degree and Type of Obsolescence Affecting Existing Facillty.
..
N/A
7. Describe Project tor Which Exemption is Sought (Type of Improvements to Land, Building; Size of Addition;_ Personal Property-Acquired-~ Explain New - Used. Transfered lram
Out-at-State, etc.) an? Proposed Use of Facillty , . · · . .
Expanding manufacturing capacity to meet additional GE Pa-1er Systems engine
requirements. Project consists primarily of production machinery, but also
.•
includes building additions and modifications.
.
,8. a. Cost of land improvements (Itemize) Excluding cost of land $ a. 0
b. Cost of building improvements. (List major types & cost on attachment.)
Building permit required (See instructions on page4; item 4) b. 530.780
c. Cost of machinery and equipment. (Itemize: month, day & year and total
on attachment; see instructions on page 4, item 2) C. 2,930.500
d. Cost offumitureand fixtures. (\.temize: month, day &year on
attachment; see instructions on page 4, item 2) d. 0
TOTAL PROJECT COST $ 3,461.280
Continue on Page 2
1012 (page 2) ,
"
9.. Ust Time Schedule for Start and Finish ot Construction Stages and Equipment Installation. Project dates must be projected and completed
within a two year period. (See Instructions, pageA, items 2 and 4,)
NOTICE AFTER DEC. 31, 1983: Section 9 (2) (c) specifies that restoration; replacement or construction commence not eanier1han
6 months before this application is filed: Estimate dates when applicable.
Begin (M/D/Y) · End (M/D/Y)
THIS SECTION MUST BE COMPLETED
WITH ACTUAL DATES. (REFERENCE TO Real Property Improvements: 06-11-01 06-10-03
SEE ATTACHMENTS i\lOT ACCEPTABLE).
Personal Property Improvements: 06-11-01 06-10-03
10a Are the Buildings Owned or Leased by tt,e.Operator of 1he Facility? IZl OWNED 0 LEASED {Attach copy of lease.) '\.
b. ls Applicant Liable tor Payment of Ad Valorem Taxes on This Property? lzl YES • No
c. Are Machinery and Equipment, Furritture aild Fixtures Owned or
Leased by 1he Operator of this Faclll1y? Ii] OWNED Iii LEASE
· &eases
I Attach a
being developed
CO"'' cl theJease.)
11. Wtllthe Property for Which This Application is Filed be Included in an:
a. State Enterprise Zone or State Renaissance Zone 0 YES IKI NO
b: 307 Site Contaminated Property File Number
Clerk's Certification
• YES !Kl NO
12. If State Education Taxes are abated; att<1-ch Michigan Jobs Commission Letter of Commitment. CJ
a. Enter total number of employees at site priorto start of project. 465.
b. Number of existing jobs that can be identified at this site that will be retained as a result of this ·project? ··-··-·· 46C:
c. Number of new jobs at this site expected to be created within 2 years of project completion·?
'" .
13. Has the project caused or will it cause, a reloca1ion of employment from one or more
Michigan governmental units to the unit in which the project is or will be located?
a. 0 YES .~ I
NO b. Number of Jobs lnvooed In Faclnty Relocation I c. Provlous Location of Facility (City, Township, VIiiage)
d. Attach a certified copy of the resolution passed by the governmental unit from which, employment is
to be transferred consenting to the transfer of employment. Date resolution was adopted
14. Rehabilitation applications: Complete a, b and c. Attach assessor's statement of valuation fo_r the entire plant rehal:iiiitalion districl
a. SEV of Real Property (Exclude Land) b. SEV of P.araonal Property (E'xc!ud8 Inventory)
I .I
c. TotalSEV as of Dec. 31, 19_ _
15a The Facility is L-ocated in the followlng Type of
District Established by the Local Governing Unit b. Name of Governing Unit that EstablishedDistrict c. Date District was Established
Ja: INDUSTRIALDEVELOPMENT DISTRICT July 26, 1983
City of Muskegon Attach certified copy of resolution
0 PLANT REHABILITATION DISTRICT and drawing at dlsttic_t.
NOTICE AFTER DEC. 31, 1983: Section 9(2)(b) provides that a written request (Date stamped by local unit) to establish the district MUST be filed priorto
the commencement of any improvements or construction. Please furnish a copy of the written request. _. · • ·
[]I NO- Go to 17 below 0 YES - Complete b, c and .d
16a. Is Tots Application for a Speculative Building {Sec. 3(8)}?
b. Name of Governmental Unit Which Passed Resolution to Establish a Speculative Building. c. Date of Resolution ·(Attach copy)
d. Date of Construction Commenced (See page 4, Item 4)
e. Attach ·a Certified statement from the building owner and assessorthat1he building
has not been occupied since completion of construction. {See page 4, item 13.) D Owner 0 Assessor
17. Complete this section if application is for a replacement facllity which will not be !0cated on the same site or coritlguous to the obsolete facility.
The obsolete facility wm be dispqsed of as follows: • .
Continue on Page 3
1(112 (Paga3)
APPLICANT'S CERTIFICATION
The undersigned, authorized officer olthe company making this application certifies that, to the best o1 his/her knowledge, no
f1formation contained herein or in the attachments hereto is false in any way and that aw
are truly descriptive of the industrial
property for which this application is being submitted.
11 is further certified that .the undersigned is 1amiliar with the provisions o1 P.A. 198 o1 1974, as amended, being Sections
207.551 to 207.572, inclusive, of the Michigan Compiled Laws; and to the best of his/her knowledge and belief, (s)he has
complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the application
by the local unit of government and the issuance of an Industrial Faciliiies Exemption Certificate by the State Tax Commission.
18. Name af Person to Contact for Further Information
Richard A. Saukas .
Title
Dir. of Finance IPhone231-777-7118
Mailing Address
2034 Latimer Drive., Muskegon MI 49442 .
Type Name of Company Officer
Richard A. Saukas
Title
Signatuf8
Oat~
12-<c./~( a ~ ')-:"",.,.._1, • ,. --....,
Asst. Treasurer & Dir. of Finance October 9, 2001
.LOCAL GOVERNMENT ACTION
This section is to be completed by the clerk of the local governing unit before submitting application to the
State Tax Commission
1~. Action Taken
DOCUME~T/;l BEQUIR!;D
a·
• 1. Application plus attachments. (See inst. pg. 4, ii 1-7)
• ABATEMENT APPROVED FOR .
Years •
•
2. Notice to the public prior to hearing to establish district.
3. Resolution establishing district.
Ending December 30,
(notto exceed 12 years alter project completion)
• 4. Notice to lairing authorities priorto hearing to approve
application. .
There are circumstances in which the words "after completion" could • 5. List of taxing authorities notified.
extend the length of the exemption by 2 to 3 years. Please call the • 6. Resolution approving application.
.
. Property Tax Division at (517) 373-2408 if a further explanation is
needed.
• 7. (a) Letter of Agreement (Signed by local unit and
applicant) per PA. 334 of 1993.
(b) Affidavit of Fees (Bulletin 3, 1/16/98).
0 DISAPPROVED D 8. 3222 (formerlyT-1044A) (if applicable).
D 9. Speculative building resolution & affidavits.
20. Name of Local Government Body
Date of Action on This Application
.
..
Attached hereto is a copy of the application and all documents required.
Signature of Clerk
Date Phone
Clerk's Maillng Address
City ZlPCode
.
State Tax Commission Rule Number 57:
Complete applications approved by the local unit and received by the State Tax Commission by October 31 will be
acted upon by December 31.
· Ann!ications received after October 31 will be acted uoon in the followina vear.
Mail completed application and all attachments to:
State Tax Commission *Information contained in this application
Michigan Department of Treasury and supporting documentation. may be
P.O. Box 30471 subject to review by the public -if a
Lansing, Michigan 48909-7971 Freedom of Information Request is filed.
If you have any questions, please call (517) 373-2408 or 373-3302.
Resolution No. 200 J-125 (a)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
JOHNSON TECHNOLOGY, INC.
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on
October 24, 1995, this Commission by resolution established an Industrial Development
District as requested by Johnson Technology, Inc., 2034 Latimer Drive, Muskegon,
Michigan 49442; and
WHEREAS, Johnson Technology, Inc. has filed an application for the issuance of an Industrial Facilities
Tax Exemption Certificate with respect to a building expansion and new machinery and
equipment to be installed within said Industrial Development District; and
WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on
October 23, 2001, at the Muskegon City Hall in Muskegon, Michigan at 5:30 p.m. at which
hearing the applicant, the assessor and representatives of the affected taxing units were given
written notice and were afforded an opportunity to be heard on said application; and
WHEREAS, the building expansion and installation of machinery and equipment had not begun earlier
than six (6) months before October 23, 2001, the date of the acceptance of the application for the
issuance of an Industrial Facilities Tax Exemption Certificate; and
WHEREAS, the building expansion and installation of machinery and equipment is calculated to and will
have the reasonable likelihood to retain, create, or prevent the loss of employment in Muskegon,
Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of
Muskegon, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the
SEV of personal and real property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of
Muskegon, Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered
together with the aggregate amount of certificates previously granted and currently in force
under Act No. 198 of the Public Act of 1974 as amended and Act No. 255 of the Public Acts
of 1978 as amended shall not have the effect of substantially impeding the operation of the
City of Muskegon or impairing the financial soundness of a taxing unit which levies ad
valorem property taxes in the City of Muskegon.
2) The application of Johnson Technology, Inc., for the issuance of an Industrial Facilities Tax
Exemption Certificate with respect to installation of new machinery and equipment on the
following described parcel of real property situated within the City of Muskegon to wit:
Lots 30 and 31, Port City Industrial Center 2
10/15/01
2001-125(a)
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force
and effect for a period of twelve (12) years on real property and nine (9) years on personal
property.
Adopted this 23rd Day of October 2001
Ayes: Aslakson, Benedict, Buie , Nielsen, Schweifler, Shepherd , Spat aro
Nays: None
Absent: None
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
iiw.. LJ.__,,. _
Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held on October 23,
2001.
r
Gail Kundinger, Clerk
10/15/01
Date: October 23, 2001
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
BC Acquisition Company, Inc.
fl
157 Getty
s
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from BC Acquisition Company, Inc.,
157 N Getty, Muskegon, to transfer ownership of 2000 Class C-SDM
licensed business with Dance, Entertainment, Outdoor Service (1 Area),
Official Permit (Food),· and 2 Bars from PFC Enterprises, L.L.C. BC
Acquisition is also requesting an after hours permit to operate the
restaurant for the sale of food.
\.0~~7 :).30 __ 1oD A~(
~&-~ J_,3D Al--< - , ~ N~
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All Departments are recommending
approval.
A ffiru\ali vc Aclion
23 1/7 24-6703
FA:\/722- 12 14
.-\ SSl'S!ill l"
23 1/7 n67ll8
F:\:\/726-518 1
C l'Hll'lery
23 l/724-l,7X3
FA:\/721,-SG 17
Ci\'il Su \'k c
23 1/7 H-67 16
FA:'\/7H-H 05
West Michigan's Shoreline City
Cil-r k
23 1/72~-67115
FA:'\/71 4-4 17X
June 12, 2001
23 1/7 2~-/, 7 17
F.-\ :\/721,-2511 1
Eng incc ri11~ To: The City Commission through the City Manager
23 1/7 24-67117
F.-\ :'\/727-69114
From:
Fi11;1 11..:t•
23 1/7H -(, 7 1J ntny L. Kleibecker, Chief of Police
F:\:\/72 4-671,X
Fin.' Depl. Re: Transfer of Ownership of Liquor License at 157 N Getty
23 I /72 4-6 7?2
F.\ :\1724-/,'!85
l 11 c u111l' T a'.\
23 I /724-6770 The Muskegon Police Department has received a request from the Liquor Control
F.-\\/724 -6768 Commission for an investigation concerning the transfer of the current license at 157 N
I 11ru. Sysl l'lllS Getty. The applicant is BC Acquisition Company, Inc.
2J 1/72 4-67H
F.\:'\/722-H II I
They are requesting to transfer ownership of the current 2000 Class C-SDM licensed
Ld s 11 re Scn ·i..-t•
?J 1/724-6704 business with Dance/Ente1iainment Outdoor Service area (1 area), Official Permit (food)
FA\172• - I 1% and two bars from PFC Enterprises, L.C.C. The applicant for this transfer is Brian
.\ lan:i}! l'I' \ Offic{' Carlson, a white male, date of birth 8-23-61. He resides at 3248 Roosevelt Road in
23 1/724-6 724
F.\ \ /722- 12 14
Muskegon.
i\ Lt yu r's Offin·
23 I /724-6701
We have searched our records and conducted a Michigan Criminal History Check and
F.-\:\/722- 12 14 find no reason to deny this request.
Ser\'in ·s
lJ l /724-67 15
F.-\ \/7 26-25111 TK/cmw
Pla nnin ~/Zuning
23 I /7 2• -6702
FA X/72 4-679 0
Police Dl'JII.
23 11724-1, 750
F.\:\/722-5 1411
Public \Vorl<s
2.l 1/724-411111
F.-\X/72 2-4 188
Trca~url'r
2J 1/724-6720
FAX/724-6768
Water llillin~ D,•pt.
23 1/724 -67 18
FAX/72 • -6768
\ Va tu filtratio n
23 I /71 4-41 06
F:\\/755-52911
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, M l 49443-0536
MEMO
To: Chief Tony Kleibecker
From: Det. Kurt Dykman
Date: 6-4-01
Re: Liquor License Transfer
Chief Kleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant BC Acquisition Company, Inc.,
157 N. Getty, Muskegon MI 49442.
BC Acquisition INC is requesting transfer of 2000 Class C-SDM licensed business with
Dance-Entertainment, Outdoor Service (I area), Official Permit (food), and 2 Bars, from
PFC Enterprises, L.C.C. The applicant for this transfer is Brian Carlson, W/M, 8-23-61
of 3248 Roosevelt Road, Muskegon MI 49441.
A check of MPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
Det. Kurt Dykman
data/common/BC
S- J-: o I
LIQUOR LICENSE REVIEW FORM
Business Name: BC Acqui siti on Company, Inc .
-----'----------'-__;_- ' - - - - - - -- - - -
AKA Business Name (if applicable): Current ly Joey ' s Place (Pat 's Roadhouse )
Operator/Manager's Name: Bryan Car 1son
Business Address: 157 N. Gett y
Reason foir Review:
New License D 'JI'ransfer of Ownership @ D
Dance.Permit
Drop/Add Name on License •· Transfer Location D
ID>rop/Add Stoclklholde:r Name D New E ntertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __ __
Deadfome for receipt of all information: _ _ __ _ _ __ __
Police Department ,Approved Giienied D No Actiion Neededl O
Income Tai Approved • ·owing • Amount:
Tireasmrer Approved
• _Owing D Amount:
Zoning Approved • Denied D Pending ZBA •
Clerk's Approved
• Owing • Amount:
Fire/Inspectliont Compliance D Remaining Defects
Services
· Department Signature A~-- L; J ~ . oa G. - (Y@4~ f\ \v, .
W)~----'
•
! \1 l' MAl
Gail A. Kundi~g~ A?JD
, City Clerk
LiquoJ ~ nse.Geordin or
\
- --•··-
MichigaL ...Jepartment of Consumer & IndustrJ Services
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, Michigan 48909-7505
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1(4)]
To: Muskegon Police Department Date: April 27, 2001
Chief of Police REF#: 124823
980 Jefferson Street
PO Box 536
Muskegon MI 49443-0536
Chief Law Enforcement Officer
Applicant:
BC ACQUISITION COMPANY, INC. requests to transfer o;mership of 2000 Class C-
SDM licensed business with Dance-Entertainment Permit, Outdoor Service (1
area), Official Permit (Food), and 2 Bars, located at 157 N Getty, Muskegon MI
49442, Muskegon County, from PFC ENTERPRISES, L.L.C.
Please make an investigation of the application. If you do not believe that
the applicants are qualified for licensing, give your reasons in detail.
Complete the Police Inspection Report on Liquor License Request, LC-1800, or
for Detroit police, the Detroit Police Investigation of License Request, LC-
1802. If there is not enough room on the front of the form, you may use the
back.
Forward your report and recommendations of the applicant to the Licensing
Division.
Please include fingerprint cards and $15.00 for each card, and mail to the
Michigan Liquor Control Commission.
If you have any questions, contact the Licensing Division at (517) 322-1400,
after 10:00 a.m.
lj t
LC-1972 Rev. 6/92
4880-1658
STATE OF MICHIGAN RECEIVED
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION M/\Y O3 ?001
7150 Harris Drive
P.O. Box 30005
Lansing, MI 48909-7505
City Clerks Office
LOCAL APPROVAL NOTICE
(Authorized by MCL 436.1501(2) and MAC I 105(2)(d))
Reg ID# 124823
Date: April 27, 2001
To: Muskegon City Commission
933 Terrace Street
PO Box 536
Muskegon MI 49443-0536
Applicant: BC ACQUISITION COMPANY, INC.
HOME ADDRESS AND PHONE NO:
Bryan Carlson, 3248 Roosevelt Road Apt X-1, Muskegon MI 49441 H (231) 780-5192
Local Legislative approval is required for new and transferring On-Premises licenses by MCL 436. 1501
of the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE,
ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of
MCL 436.1916. .
For your convenience a resolution form is enclosed that includes a description of the licensing transaction
requiring approval. The clerk should complete the resolution certifying that your decision of approval
or disapproval of the application was made at an official meeting. Please return the completed
resolution to the Liquor Control Commission as soon as possible.
If you have any questions, please contact the On-Premise Section of the Licensing Division as (5 17) -322-
1400.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
ljt
LC-1305 REV 6/ 98
4880- 1234
.S- 3 -: CJ I
LIQUOR LICENSE REVIEW FORM
BusinessName: BC Acqu i siti on Company, Inc.
--- - - - - - - - - - - -- -- - - --
AKA :Business Name (if applicable): Curre nt ly Joey's Place (Pat's Roadhouse)
Operator/Manager's Name: Bryan Carl son
Business Address: 157 N. Ge t ty
Reason fo:r Review:
New License D Transfer of Ownership W D
Dance Pell"mit
Drop/Aclld Name on JL.ncense •· Transfer Location D
Drop/Add Sfoclkholdeir Name D New Entertainment Permit D
Othell"-·- -- - - - - - - - - -- - - - - - - - - ---"-
Deadlli:rne foir receipt of an information: _ _ _ _ __ _ __ _
Police Department Approved D Denied D No Actnon Needed D
Income Tax Appll"oved• Owing D Amount: rn 0E:N15D
~~ID
\-t',,S NOT
45T" Q.\~ '}.00 \
• Owing D
o~(;
Tireasmrer Appll'oved Amount:
Zoning App1roved • Denied D Pending ZBA •
Clerk's Approved
• Owing • Amount:
if ,,\~,o\
JFi.re/Inspectfon Compliance D Remaining Defeds
\l)
Services
Department Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
S - 3--:-o/
LIQUOR LICENSE REVIEW FORM
Business Name: BC Acquisition Company, Inc.
AKA Business Name (if applicable): Currently Joey's Place (Pat's Roadhouse)
Operator/Manager's Name: Bryan Carlson
Business Address: 157 N. Getty
Reason for Review:
New License D T:ransfeir of Ownershnp @ Dance Peirmit D
Drop/Add Name on Llicense • Transfer Locatnon D
Drop/Add Stoclkhoideir Name D New Entertainment Pieirmit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadilinie foir .receipt of all information: _ _ _ _ _ _ _ _ __
Police Departtmen.t App1roved D Denned D No Action Needed D
Income Tax Approved • Owing D Amount: ,;;r
Dl",._/,;fJ11l. p!ld'41-71
'2-<->f>V
(-Ji.W.u
I
T1reasurer A]I_J)proved
• Owing ~Amount:. .ft 'J..,1y '?• -i-AXJ5 suJi
p1,,4,f J}.,
Zoning Approved • Deimied D Pending ZJBA • alA '-- nv<.-£:j
P11~14e1.,~ tr'
Clle.rk's Approved
• Owing • Amount: tt>"-~'
JFiire/Inspectirnm Compliance D Remaining Defects
Services
Department Signatuire_ _~.........,,~~--=------,.n,_f_,½,_0_()/________
LJ/& l l
Gail A. Kundinger, City Clerk
Liquor License Coordinator
City of Muske9on
Tre.:3surE-rsOf fie!:'
Muskegon, rfii:hi,}3n
lm1901 /iM-:21:J2pm
Busin8ss dat~~ 102201
C-:lshir2-r: fl1ill3 Entry: 3fJ12668200
YATER/SEWER UTILITY
Customer Acct, 104005002
Tot.al omount Of bill:
F'AYl-iENT TYPE: AND AHOUNT, 149~ 73
CllSH
14•9. 73
.@0
.00
iiHOUiff PAID: .00
CHANGE GIVEN: 160. iii0
10.27
.RF r:E IVEl!):QUOR LICENSE REVIEW FORM
MAY :V~~ Name: ___
BC_Ac_q_u_is_i_t_io_n_C_o_m_pa_n_y_,_I_nc_._ _ _ _ _ _ __
CITY OFAfflUSBiOO~s Name (if applicable): Currently Joey's Place (Pat's Roadhouse )
PLANNING DEPARTMEt{D
Operator/Manager's Name: Bryan Carl son
Business Address: 157 N. Getty
Reason for Review:
New Lkellise D Transfer of Ownersllnnp @ Dance Pell"mit D
Drop/Aclld Name on License D· D
Transfer Location
Drop/Add Stocllilioid.eir Name D New Entertainment PieJrmit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadii11D.e foir Ireceipt of an iimformatio11: _____ _ _ _ __
Police Depall"tment Approved D Denned D No Action Needed D
Income Tax Approved • Owing D Amount:
Trreasurer Approved
• Owing D Amount:
Zoning Approved! lxJ--Demied D Pending ZBA •
Clerk's. Approved
• Owing • Amount:
Fire/Inspedfon CompHance D Remaining Defeds
Services
Department Signatmre t-?Jw/4, L7 ~.;;'e:;,-,_v~
Gail A. Kundinger, City Clerk
Liquor License Coordinator
S - 3- .a I
LIQUOR LICENSE REVIEW FORM
BusinessName: BC Acquisition Company, Inc.
--- ------------------
AKA Business Name (if applicable): Currently Josy's. Place (Pat ' s Roadhouse )
Operator/Manager's Name: Bryan Carl son
Business Address: 157 N. Getty
Reason fo.r Review:
New License D 'fransfeir of Ownership @ Dance Permit · D
Drop/Adld Name on Licelllse • Transfer Location D
Drop/Add Stocllrnoider Name D New Entertainment Permnt D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadll.iJID.e for receipt of all information:
Police Department Approved 0 Denned 0 No Action Needed D
Income Tax Approved • Ownng • Amount:
Treasurer Approved!
• Owing 0 Amount:
Zoning Approved • Denied D Pending ZBA •
Clerk's Appiroved
• Owing • Amount:
Fire/Insped.uon. Compliance D Remaining Defects
Services
Department Signatuire_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
/f,,r+f ,
/j,-.,,..J. ., 'o I RESOLUTION REQ ID# 124823
At a _v_
·"·_ _,_8,.c,.R•gu'ar
_.e'E.11.'>. ......Jf ~=,r_)_______ m!~t~~;
or Spe,:ial)
~~~~: )_ . ._....,y-C.....o=m=m~is~s~i'-=a=n..___,..,,,-,--~-----
____._.Cit
(Township BoJid, City or Village Council)
called to order by _ _;M,..,,a=-y~o=r----'-'N-=i-=
el=s=e=n.,____ _ _ on October 23 , 200 1 at 5: 30 P.M.
The following resolution was offered:
Moved by Commissioner Schweifler and supported by Commissioner Spataro
That the request from BC ACQUISITION COMPANY, INC. to transfer ownership of 2000 Class C
licensed business with Dance-Entertainment Permit, located at 157 N Getty, Muskegon MI 49442,
Muskegon County, from PFC ENTERPRISES, L.L.C.
be considered for
(Appro'"a.1 or Disappro\'31)
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
Absent: 0 Absent:
It is the consensus of this legislative body that the application be:
Recommended for issuance
(Rt.-commc:ndc:d or nol RL~ommcnd"'1)
State of Michigan - - - - -)
§
County of Mi iskegan )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the ------=-C
=1=·t,,_.,y=--=C~o~mm=1=s"""s=i-=o=n'--,:-----
· at a _· ---'-"Re~ga,,u.._.l_..a._r.__ _ __ _ _ __ _
( Township Board, City or Village Cound l) (Regular or Sp~d::il)
meeting held on October 23, 2001.
(Date)
SEAL (Signed)---15:Z:..~-___;z_
o ~· -
· = ~~ ~~---,:..:....:v=:
!Township. City of Villag.c Ckrk)
Gail A. Kundinger, City Clerk
933 Terrace, PO Box 536
l~f;uling Jddn:ss of Township. City of \'ill::i~d
Mus kegon, MI 49443- 0536
---f // Cl/~ /1,o
...,J, "f.( •
(
S - ;:J - C) / ~1 '-"igan Department of Consumer & Industry Services
( LIQUOR CONTROL COMMISSION
PO PECTION REPOR I ON LIQUOR LICENSE REQUEST 71 5° Harris Drive
(Authorized by MCL 436.7a) Lansin/~~~~:~~ii~9-7505
REQ ID# 124823 '
Important: Please conduct your investigation as soon as possible and complete all four sections of this report.
Return the completed report and fingerprint cards to the Commission.
BUSINESS NAME AND ADDRESS: (include zip code)
BC ACQUISITION COMPANY, INC., 157 N Getty, Muskegon MI 49442 Muskegon Coun ty
REQUESTFO~ Transfer ownership of 2000 Class C-SDM licensed business with Dance-
Entertainrnent, Outdoor Service (1 area), Official Permit (Food), and 2 Bars ,
, ~~ptiori:1; ..... "PP~IC l'ff1Nf0FIMATl9N
APPLICANT #1: APPLICANT #2:
BRYAN CARLSON
HOME ADDRESS AND ARE!I COQE/PHONE NUMBER: l HOME ADDRESS AND AREA CODE/PHONE NUMBER:
3248 Roosevelt ~oad Apt X-
Muskegon MI 49441
H(231 )780-5192/8(231 )726-5041
DATEOFBIRTH: 8"'- Z?, - 1/ DATE OF BIRTH:
If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen:
o Does the applicant have permanent Resident Alien status? o Does the applicant have permanent Resident Alien status?
DYes No •
o Does the applicant have a Visa? Enter status:
D Yes D No
o Does the applicant have a Visa? Enter status:
Date fingerprinted: Date fingerprinted:
.. . Attach theJingerprirffcafd 'a nd $15:00Jor each card·and :rnai{to the Llqu0(¢or'itrol·.Qommission.
ARREST RECORD: 0 Felony O Misdemeanor ARREST RECORD: 0 Felony O Misdemeanor
Enter record of all arrests & convictions (attach a signed and Enter record of all arrests & convictions (attach a signed and
dated report if more space is needed) dated report if more space is needed)
Section 2. lnvestigatiOn of Business arid Ad~ressto·J>,eJlce_
nseff
Can living quarters be reached from the inside of the establishment without going outside? 0 Yes ~No
Does applicant intend to have dancing or entertainment?
D No Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? No O Yes, explain relationship:
I Sectioll :t ·,• Local and State Codes ~rid Ordinances; and General Recommel)clatio n~<
Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and
ordinances, if th is license is granted? ~ Yes No D
If you are recommending approval subject to certain conditions, list the conditions: (Allach a signed and dated report II more space is needed)
I Sectic:>rf4. · .._·.,_
. Rec.o mmen~ation ·.
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? !Yes No D
2. Is the. proposed location satisfactory for this business? Yes No D
3. Should this request be granted by the Commission? Yes D No
4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space Is needed)
~ L , 1~
Slgna~ or Chiet of Police) Date
LC-1800 Rev. 06/97 (Mail white copy to th e Commission, Keep yellow copy for your file)
REQ ID NUMBER: 124823
7150 Harris Drive
P.O. Box 30005
Lansing, MI 48909-7505
DANCE/ENTERTAINMENT/TOPLESS ACTIVITY PERMIT
(Authorized by MCL 436.1916)
BC ACQUISITION COMPANY, INC.
APPLICANT/LICENSEE PHONE NUMBER
157 N Getty Muskegon Muskegon 49442
STREET ADDRESS CITY TOWNSHIP COUNTY ZIP
PERMIT(S) REQUESTED: DANCE X ENTERTAINMENT X TOPLESS ACTIVITY_
I. The dance floor will not be less than 100 square feet, is clearly marked and well defined when there is dancing
by customers. YES 'f.l_.. NO o NIA •
2. Describe the type of entertainment applicant/licensee will provide: NIA o MUSIC/DANCE
3, Will this entertainment include topless activity? YES D NO }1,_ NIA •
LAW ENFORCEMENT RECOMMENDATION
DANCE PERMIT YES Xi NO • NIA •
ENTERTAINMENT PERMIT YES K NO • NIA •
TOPLESS ACTIVITY PERMIT YES • NO
~ NIA •
REMARKS:
6-4-01
DATE SUBMITTED FlCER'S SIGNATURE
MUSKEGON POLICE DEPARTMENT 231. 724-6750
DEPARTMENT NAME PHONE NUMBER
980 Jefferson Ave. Mus1<egon
ADDRESS CITY
LC-693N REV 5198
4880·0652
""Gomplete ite,ms 1, 2, and 3, Also complete
item 4 ii' Rec.-dict~d Delivery is desired.
Print your n'ame and address on the reverse
C, Signature
so that we can return the card to you.
Attach this card to the back of the mailpiece, D Agent
X D Addressee
or on the front if space permits.
Article Addressed to: D. Is delivery _}~ress different from item 1? D Yes
If \'<_~¥\l<!f deliVe')I i_li/lJ-feSS below: • No
_ ;? -/'_ . f
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icl:" f\ ·\
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/?cJ fl v;te Joo o .s ,~1. L!;:::;;;a;:=l;;:al::============
Qj rvice Type g_6 I
00
,'L,,,.,,,,,,_;,rv,.,,,/ /Jl/ J/,F )'OJ-7,S-os-' Jlil'Certified~Y,.§/l,1g0~\/!sMaB !
_;,--,.,,.._, -- ~c;:? •
-~1¥J{~~\~~'tEJ Return Receipt for Merchandise
--( @)t,sq\/,ll-Mail C.O.D. •
f' p.; f.'>~estricted Delivery? (Extra Fee) D Yes
Article Number (Copy from service label)
70CJO C)S-620 00/3
l Form 3811. July 1999 Domestic Return Receipt 102595·00·M-0952
Liquor Control Commission
7150 Harris
PO Box30005
Lansing, MI 48909-7505
REF: #124823
157 N Getty
Muskegon, MI 49442
To Whom It May Concern:
Enclosed is the resolution, police inspection report (LC-1800), print card, local
law enforcement agency report, and difference in hours form for the liquor license
change request mentioned above.
Please do not hesitate to call me at (231) 724-6705 if you have any questions.
Sincerely,
Linda Potter
Deputy Clerk
Enc.
Commission Meeting Date: October 23, 2001
Date: October 12, 2001
To: Honorable Mayor and City Commissioners
From: Planning & Economic Developm~
RE: Rezoning Request for City-Owned Property on Nolan St.
SUMMARY OF REQUEST:
Request to rezone property (suiveyed as lots "A" through "G"), located on Nolan St.,
from R-1, Single-Family Residential and OSC, Open Space Conseivation to entirely R-
1, Single-Family Residential.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request.
COMMITTEE RECOMMENDATION:
The Planning Commission separated the request into two portions. They
recommended approval of rezoning lots "A" through "C" with a unanimous vote (L.
Abraham, D. Coleman, and J. Aslakson absent). The motion to recommend approval
to rezone lots "D" through "G" failed with B. Mazade and B. Smith voting yes and P.
Sartorius, M. Kleaveland, P. Veltkamp and F. Nielsen voting no. The concerns raised
by the Planning Commission included topography, preseiving existing open space,
access to new homes, proceeds from the sale not being dedicated to other parkland or
open space, and the impact of new development on the Ruddiman Creek watershed.
10/12/2001
City of Muskegon
Planning Commission
Case #2001-29
,~
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~LAKETON AV
LR = Subject Property(ies)
1
Q = Notice Area
,
R-1
R-1 = Single-Family Residential
RM-1 = Low Density Multiple-Fanily Residential
OSC = Open Space Conseivation
OSR = Open Space Recreaton
R-1 LR = Lakefront Recreation
( R-1
i
I
OSR RM-1
OSR YOUNG AV
<'t;RM-1 ._,,,.,
OSR RM-1
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700 0 700 1400 Feet
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Staff Report [EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
August 16, 200 I
Hearing; Case 2001-29: Staff-initiated request to rezone City-owned property located
on Nolan St., between Roilson and Greeley Streets, from R-1, Single-Family Residential
and OSC, Open Space Conservation to entirely R-1, Single-Family Residential.
BACKGROUND
Applicant: City of Muskegon
Address/Location of Subject Prope1iy: Nolan St., between Roilson and Greeley Streets
Current Use: Vacant
Current Zoning: R-1, Single-Family Residential and OSC, Open Space Conservation
Proposed Zoning: R-1, Single-Family Residential
STAFF OBSERVATIONS
I. The subject prope1iy is a portion of a large piece of prope1iy, owned by the City, located
nmih ofMcGraft Park, south of Laketon Ave., and encompassing a portion ofRuddiman
Creek. The property contains some frontage along Nolan Ave., which is the subject of
this rezoning request (see map). ONLY the property shaded on the map is proposed for
rezoning. The remainder of the prope1iy is intended to remain zoned as OSC, and is not
part of this request (In this staff report, the phrase "subject lots" will refer to only the
shaded pmiion of the map, which is intended for rezoning).
2. A small portion of the subject lots is already zoned R-1, while the rest is zoned OSC.
Since staff is unsure about where the zoning boundary was intended to be between the
two, staff is proposing to rezone all of the subject lots in order to make sure that all of the
lots are included.
3. Historically, staff has had interest in this property for single-family homes, but due to the
zoning has turned potential developers away. During this past winter, after another
inquiry, staff sat down to determine the feasibility of developing the area for single-
family homes. The proposal to sell these prope1ties was also presented to the City
Commission at a working session. The Commission gave direction to staff to proceed.
4. The property has since been surveyed and staff has determined the boundaries for 7
residential lots to be split off of the total prope1iy. These 7 lots are shown on the
enclosed survey and labeled as "A" through "G". Only these 7 lots are the subject of this
rezoning request.
City of Muskegon Planning Commission - 8/16/01
5. Lots "A" through "C" are located between existing single-family homes and contain
approx. 80 feet of frontage each. Lots "D" through "G" are located between and existing
single-family home, and the Ruddiman Creek Lagoon. Three of these lots contain 95 feet
of frontage and the fourth lot, "G", contains 192 feet of frontage. The reason for this is
that the zoning ordinance requires all legal lots in R-1 districts to contain at least 50 feet
of frontage on a public road and to have at least 6,000 square feet. Iflot "G" were to be
split, the southernmost portion would be triangular shaped and would not be a legal lot.
6. The subject lots front on Nolan St., which is a narrow City street running south of
Laketon and north of Ruddiman Creek. There is a steep drop-off behind the lots. The
lots to the north have more flat area before dropping off than the southern lots do.
However, staff believes that homes with walk-out basements would fit on the lots very
nicely.
7. There are existing homes on this side of Nolan St., to the north of lot "A" and there are
two existing homes on this side of Nolan St., in between lots "C" and "D". There are
existing homes along the opposite side of Nolan St., although several of these front on the
side streets instead ofNolan St.
8. The Future Land Use Map shows the subject property to be Open Space and Woodlands.
9. The Master Land Use Plan does not speak specifically to the subject prope1iy. Most of
the subject lots are located in Sub-Area I 0, with a small portion in Sub-Area 6. The
Master Land Use Plan states:
• (Sub-Area 10) The interior portion, and a majority of the sub-area is comprised oflow
to moderately valued single-family homes. Housing and site condition are generally
good with minor instances of blocks in need of significant enhancement. The
southwestern portion of the area links with the Ruddiman Lagoon.
• (Sub-Area 6) Ruddiman Creek and Ruddiman Lagoon traverse the western rim of the
sub-area. These natural features markedly enhance the sub-area's attractiveness and
are important elements to the local quality of life. Ruddiman Lagoon empties into
nearby Muskegon Lake. The creek and lagoon are closely associated with McGraft
Parle ..
• (Sub-Area 6) Ruddiman Creek and Ruddiman Lagoon are subject to deterioration due
to the influence of surrounding development.
10. The Master Plan recommends for this sub-area:
• (Sub-Area I 0) Focus housing/site rehabilitation efforts on those blocks identified as
exhibiting a need.
• (Sub-Area 6) Prepare and implement a comprehensive management plan for
Ruddiman Creek and Ruddiman Lagoon. Utilize an environmental corridor overlay
zone (as part of the zoning ordinance) to provide additional resource protection.
11. Staff is currently having the subject lots appraised in order to determine their value. The
next step in the process, if the rezoning is approved, will be to put out a Request for
Proposals to solicit proposals from potential developers of any or all of the lots.
City of Muskegon Planning Commission - 8/16/01 2
ORDINANCE EXCERPTS
(See Case #2001-27 above for the R-1, Single-Family Residential excerpt)
ARTICLE XVI - OSC OPEN SPACE CONSERVATION DISTRICTS
PREAMBLE
The OSC Open Space Conservation Districts are intended to provide for permanent open spaces in the
community, and the protection of sand dunes and other natural features, and are designed to provide
undeveloped recreational areas and to safeguard the health, safety, and welfare of the citizens of Muskegon and
adjacent areas by limiting development in locations where police and fire protection, protection against
flooding by high water table or storm water, and dangers from excessive erosion are not possible without
excessive costs to the City.
SECTION 1600: PRINCIPAL USES PERMITTED
In the OSC Open Space Conservation District, no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (I) or more of the following specified uses, unless
otherwise provided in this Ordinance.
I. Fishing docks and piers.
2. Hiking, bicycling, jogging, or ski trails.
3. Wildlife preserves or refuge structures.
4. Watershed or erosion protection facilities.
5. Uses similar to the above Principal Uses Permitted.
SECTION 1601: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of
Section 2332 after review and approval of the use (and a site plan, if required) by the Planning Commission,
after Public Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the
Planning Commission:
1. Public and private utilities and services.
2. Accessory buildings and accessory uses customarily incidental to the above Special Land Uses
Permitted.
3. Uses similar to the above Special Land Uses Permitted.
4. Parking areas for Principal Uses.
SECTION 1602: PLANNED UNIT DEVELOPMENTS
SECTION 1603: AREA AND BULK REQUIREMENTS [amended 4/00]
City of Muskegon Planning Commission - 8/16/01 3
PHOTOS
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed which justify
the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent which might result from
the approval or denial of the petition.
3. What is the impact of the amendment on the ability of the city to provide adequate
public services and facilities and/or programs that might reasonably be required in the
future if the petition is approved.
4. Does the petitioned zoning change adversely affect the environmental conditions or value
of the surrounding property.
5. Does the petitioned zoning change generally comply with the adopted Future Land
Use Plan of the City.
City of Muskegon Planning Commission - 8/16/0 I 4
6. Are there any significant negative environmental impacts which would reasonably
occur if the petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland,
historic sites, or wildlife areas.
City of Muskegon Planning Commission - 8/16/01 5
CITY OF MUSKEGON
MUSKEGON COUNTY, MICID GAN
ORDINANCE NO. 2058
An ordinance to amend the zoning map of the City to provide for a zone change for certain property
from R-1 "Single-Family Residential," and OSC "Open Space Conservation" to entirely R-1 "Single-
Family Residential"
TIIE CITY COMMISSION OF TIIE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning of the following
described property from R-1 "Single-Family Residential" and OSC "Open Space Conservation", to entirely
R-1 "Single-Family Residential":
PARCELA
THAT PART OF LOT 7, BLOCK 543 OF THE 1903 REVISED PLAT, CITY OF MUSKEGON,
MUSKEGON COUNTY, MICIDGAN, DESCRIBED AS FOLLOWS: COMMENCE AT TIIE
NORIBWEST CORNER OF SAID LOT 7 OF BLOCK 543; THENCE SOUTH 39 DEGREES 46
MINUTES 55 SECONDS WEST ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF NOLAN
STREET, A DISTANCE OF 142.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 50
DEGREES 18 MINUTES 40 SECONDS EAST, ALONG A FOUND MONUMENTED LINE, A
DISTANCE OF 140.00 FEET; THENCE SOUTH 39 DEGREES 46 MINUTES 55 SECONDS WEST, A
DISTANCE OF 79.59 FEET; TIIENCE NORTH 50 DEGREES 18 MINUTES 40 SECONDS WEST, A
DISTANCE OF 140.00 FEET TO THE SOUTHEASTERLY LINE OF NOLAN STREET; THENCE
NORTH 39 DEGREES 46 MINUTES 55 SECONDS EAST ALONG TIIE SOUTHEASTERLY RIGHT-
OF-WAY OF NOLAN STREET, A DISTANCE OF 79.95 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 11,142 SQUARE FEET AND IS TOGETIIER WITH AND SUBJECT TO
ANY EASEMENTS OR RESERVATIONS OF RECORD OR APPARENT THEREOF.
PARCELB
THAT PART OF LOT 7, BLOCK 543 OF THE 1903 REVISED PLAT, CITY OF MUSKEGON,
MUSK.EGON COUNTY, MICIDGAN, DESCRIBED AS FOLLOWS: COMMENCE AT TIIE
NORTHWEST CORNER OF SAID LOT 7 OF BLOCK 543; THENCE SOUTH 39 DEGREES 46
MINUTES 55 SECONDS WEST ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF NOLAN
STREET, A DISTANCE OF 221.59 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 50
DEGREES 18 MINUTES 40 SECONDS EAST, A DISTANCE OF 140.00 FEET; THENCE SOUTH 39
DEGREES 46 MINUTES 55 SECONDS WEST, A DISTANCE OF 80.00 FEET; THENCE NORTH 50
DEGREES 18 MINUTES 40 SECONDS WEST, A DISTANCE OF 140.00 FEET; TIIENCE NORTH 39
DEGREES 46 MINUTES 55 SECONDS EAST ALONG THE SOUTIIEASTERLY RIGHT-OF-WAY
OF NOLAN STREET, A DISTANCE OF 80.00 TO THE POINT OF BEGINNING. SAID PARCEL
CONTAINS 11,200 SQUARE FEET AND IS TOGETHER WITH AND SUBJECT TO ANY
EASEMENTS OR RESERVATIONS OF RECORD OR APPARENT TIIEREOF.
10/12/01
PARCELC
THAT PART OF LOT 7, BLOCK 543 OF THE 1903 REVISED PLAT, CITY OF MUSKEGON,
MUSKEGON COUNTY, MICIDGAN, DESCRIBED AS FOLLOWS: COMMENCE AT THE
NORIBWEST CORNER OF SAID LOT 7 OF BLOCK 543; THENCE SOUTH 39 DEGREES 46
MINUTES 55 SECONDS WEST.ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF NOLAN
STREET, A DISTANCE OF 301.59 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 50
DEGREES 18 MINUTES 40 SECONDS EAST, A DISTANCE OF 140.00 FEET; THENCE SOUTH 39
DEGREES 46 MINUTES 55 SECONDS WEST, A DISTANCE OF 80.01 FEET; THENCE NORTH 50
DEGREES 18 MINUTES 24 SECONDS WEST ALONG A FOUND MONUMENTED LINE, A
DISTANCE OF 140.00 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF
NOLAN STREET, BEING A DEED DISTANCE OF 382.00 FEET FROM THE NORTHWEST
CORNER OF LOT 7 (MEASURED 381.59'); THENCE NORTH 39 DEGREES 46 MINUTES 55
SECONDS EAST, ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF NOLAN STREET, A
DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 11,200
SQUARE FEET AND IS TOGETHER WITH THE SUBJECT TO ANY EASEMENTS OR
RESERVATIONS OF RECORD OR APPARENT THEREOF.
This ordinance adopted:
Ayes: Buie, Nielsen, Schweifler, Shepherd, Spataro, A:Slakson, Benedict
Nayes: None
AdoptionDate: October 23, 2001
Effective Date: November 8 1 2001
First Reading: October 23 2001
Second Reading:~N/~
A ---------
CITY OF MUSKEGON /
By: L Q_
1
1\ v.Md...-F
Gail A. Kundinger, City Clerk
10/12/01
Ordinance 112058
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the
City Commission ofthe City of Muskegon, at a regular meeting of the City Commission on the 23 rd day of
October, 2001, at which meeting a quorum was present and remained throughout, and that the original of
said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was
conducted and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of
Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby. ~ ~ol..,.,.
DATED: October 23 , 2001. ~
Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
10/12/01
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please taice notice that on October 23, 2001, the City Commission of the City of Muskegon adopted
an ordinance amending the zoning map to provide for the change of zoning of the following property
from R-1 "Single-Family Residential" and OSC "Open Space Conservation", to entirely R-1 "Single-
Family Residential
PARCEL A
THAT PART OF LOT 7, BLOCK 543 OF THE 1903 REVISED PLAT, CITY OF MUSKEGON,
MUSKEGON COUNTY, MICHIGAN, DESCRIBED AS FOLLOWS: COMMENCE AT THE
NORTHWEST CORNER OF SAID LOT 7 OF BLOCK 543; THENCE SOUTH 39 DEGREES 46
MINUTES 55 SECONDS WEST ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF
NOLAN STREET, A DISTANCE OF 142.00 FEET TO THE POINT OF BEGINNING; THENCE
SOUTH 50 DEGREES 18 MINUTES 40 SECONDS EAST, ALONG A FOUND MONUMENTED
LINE, A DISTANCE OF 140.00 FEET; THENCE SOUTH 39 DEGREES 46 MINUTES 55
SECONDS WEST, A DISTANCE OF 79.59 FEET; THENCE NORTH 50 DEGREES 18
MINUTES 40 SECONDS WEST, A DISTANCE OF 140.00 FEET TO THE SOUTHEASTERLY
LINE OF NOLAN STREET; THENCE NORTH 39 DEGREES 46 MINUTES 55 SECONDS EAST
ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF NOLAN STREET, A DISTANCE OF
79.95 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 11,142 SQUARE
FEET AND IS TOGETHER WITH AND SUBJECT TO ANY EASEMENTS OR
RESERVATIONS OF RECORD ORAPPARENTTHEREOF.
PARCELB
THAT PART OF LOT 7, BLOCK 543 OF THE 1903 REVISED PLAT, CITY OF MUSKEGON,
MUSKEGON COUNTY, MICHIGAN, DESCRIBED AS FOLLOWS: COMMENCE AT THE
NORTHWEST CORNER OF SAID LOT 7 OF BLOCK 543; THENCE SOUTH 39 DEGREES 46
MINUTES 55 SECONDS WEST ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF
NOLAN STREET, A DISTANCE OF 221.59 FEET TO THE POINT OF BEGINNING; THENCE
SOUTH 50 DEGREES 18 MINUTES 40 SECONDS EAST, A DISTANCE OF 140.00 FEET;
THENCE SOUTH 39 DEGREES 46 MINUTES 55 SECONDS WEST, A DISTANCE OF 80.00
FEET; THENCE NORTH 50 DEGREES 18 MINUTES 40 SECONDS WEST, A DISTANCE OF
140.00 FEET; THENCE NORTH 39 DEGREES 46 MINUTES 55 SECONDS EAST ALONG THE
SOUTHEASTERLY RIGHT-OF-WAY OF NOLAN STREET, A DISTANCE OF 80.00 TO THE
POINT OF BEGINNING. SAID PARCEL CONTAINS 11,200 SQUARE FEET AND IS
TOGETHER WITH AND SUBJECT TO ANY EASEMENTS OR RESERVATIONS OF RECORD
OR APPARENT THEREOF.
PARCELC ·
THAT PART OF LOT 7, BLOCK 543 OF THE 1903 REVISED PLAT, CITY OF MUSKEGON,
MUSKEGON COUNTY, MICHIGAN, DESCRIBED AS FOLLOWS: COMMENCE AT THE
NORTHWEST CORNER OF SAID LOT 7 OF BLOCK 543; THENCE SOUTH 39 DEGREES 46
MINUTES 55 SECONDS WEST ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF
NOLAN STREET, A DISTANCE OF 301.59 FEET TO THE POINT OF BEGINNING; THENCE
10/12/01 5
SOUTII 50 DEGREES 18 MINUTES 40 SECONDS EAST, A DISTANCE OF 140.00 FEET;
THENCE SOUTH 39 DEGREES 46 MINUTES 55 SECONDS WEST, A DISTANCE OF 80.01
FEET; THENCE NORTH 50 DEGREES 18 MINUTES 24 SECONDS WEST ALONG A FOUND
MONUMENTED LINE, A DISTANCE OF 140.00 FEET TO A POINT ON THE
SOUTHEASTERLY RIGHT-OF-WAY OF NOLAN STREET, BEING A DEED DISTANCE OF
382.00 FEET FROM THE NORTHWEST CORNER OF LOT 7 (MEASURED 381.59'); THENCE
NORTH 39 DEGREES 46 MINUTES 55 SECONDS EAST, ALONG THE SOUTHEASTERLY
RIGHT-OF-WAY OF NOLAN STREET, A DISTANCE OF 80.00 FEET TO THE POINT OF
BEGINNING. SAID PARCEL CONTAINS 11,200 SQUARE FEET AND IS TOGETHER WITII
THE SUBJECT TO ANY EASEMENTS OR RESERVATIONS OF RECORD OR APPARENT
THEREOF.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published / (J - ;;! ? 2001 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ __
Gail A.Kundinger
Its Clerk
PUBLISH ONCE WITIIIN TEN (I 0) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
10/12/01 6
Date: October 16, 2001
To: Honorable Mayor and City Commissioners
From: Melissa Jacobsen ' {Y) . (~a.,,(E> {L. t.¥1
RE: Marina Electrical Bid Approval/Contract A
SUMMARY OF REQUEST:
To approve Prince Bridge & Marine as the contractor for
the sheet pile bulkhead repairs at Hartshorn Marina as
part of the Electrical Project.
FINANCIAL IMPACT:
$134,702.95 with a 50% local match required by the City
of Muskegon.
BUDGET ACTION REQUIRED:
Already projected in the 2002 budget.
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
None
Affirmative Action
2311724-6703
FAX1722-1214
Assessor
2311724-6708
FAX1726-5181
Cemetery
2311724-6783
FAX1726-5617
C ivil Service
2311724-6716
FAX1724-4405 West MlchJgan's Shoreline City
Clerk
2311724-6705
FAX1724-4178
Date: October 16, 2001
Comm. & Neigh.
Services
231/724-6717
To: Honorable Mayor and City Commissioners
FA X/726-250 I
From: Melissa Jacobsen
Engineering
2311724-6707 Re: Marina Electrical Bid Approval/Contract A
FAX1727-6904
On Tuesday, October 16, five bids were received for the
Finance
231/724-6713 electrical upgrades to Hartshorn Marina. Bids are as
FAX1724-6768
follows:
Fire Dept.
2311724-6792
F AX/724-6985
Prince Bridge & Marine, $134,702.95
Income Tax
231/724-6770 Alstrom Construction, $204,333.00
FAX/724-6768
J.E. Kloote Const, $197,789.00
Info. Systems
231/724-6744
FAX1722-4301
Anlaan Corp, $238,309.00
Leisure Service Diversified Contractors, $298,999.99
2311724-6704
FAX1724-1196
Manager's Office I am requesting your approval of the bid from Prince
2311724-6724
FAX1722-12 I 4 Bridge & Marine to provide sheet pile bulkhead repairs
Mayor's Office
at Hartshorn Marina as part of the Emergency Electrical
2311724-6701 Project that is taking place this fall.
FAX1722-1214
The cost of the service is $134,702.95 with a 50% local
I nspectlon Services
2311724-6715 match required by the City of Muskegon . Total financial
FAX/726-2501 impact for the City will be $67 , 351.48. The other 50%
Planning/Zoning is funded by The Department of Natural Resources.
2311724-6702
FAX1724-6790 Thank you for your consideration.
Police Dept.
231/724-6750
FAX1722-5140
Public Works
23 I 1724-4100
F AX/722-4188
Treasurer
23 11724-6720
FAX1724-6768
Water Billing Dept.
231/724-6718
FAX1724-6768
Wate1· Filtration
231/724-4106
FAX1755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or
modification.
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
AMERICAN
SOCltTY Of
Issued and Published Jointly By
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
~
~._.
The Associated General ~ Contractors of America
This Standard Form of Agreement has been prepared for use with the Standard General Conditions of the Construction
Contract (No. 1910-8, 1996 Edition). Their provisions are interrelated, and a change in one may necessitate a change
in the other. The suggested language for instructions of bidders contained in the Guide to the Preparation of
Instructions to Bidders (No. 1910-12, 1996 Edition) is also carefully interrelated with the language of this Agreement.
Connnents concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). See also Guide to the
Preparation of Sunnlementarv Conditions (No. 1910-17, 1996 Edition).
EJCDC No. 1910-8-A-1 (1996 Edition)
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is by and between _ _,te,h,ce-"C"'ityL.So"'-f'"M"'1"'1s,,ke"'g"o"'n'----------------------
(hereinafter called OWNER) and Prince Bridge and Marine, LTD.
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally
described as follows:
Contract A - Sheet Pile Bulkhead Repairs
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described
as follows:
Hartshorn Marina Renovation Project
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by
Abonmarche Consultants, Inc.
95 West Main Sn·eet
Benton Harbor, MI 49022
who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and
have the rights and authority assigned to ENGINEER in the Contract Docnments in connection with the completion of the Work
in accordance with the Contract Documents.
00500 - I
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated
in the Contract Documents are of the essence of the Contract.
4.02Dates for Substantial Completion and Final Payment
A. The work of removals shall be completed by November 15, 2001 so as not to impede other contractors on the project,
with the remainder of the work being completed by April 6, 2002.
4.03Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer
financial loss if the Work is not completed within tl1e times specified in paragraph 4.02 above, plus any extensions thereof
allowed in accordance with A1ticle 12 of the General Conditions. The parties also recognize tl1e delays, expense, and difficulties
involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if tl1e Work is not completed on
time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for
delay (but not as a penalty), CONTRACTOR shall pay OWNER$ I 000 for each day that expires after the time specified
in paragraph 4.02 for removals until the removals are complete, and$ 2 000 for each day that expires after the time
specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for fmal
payment.
00500 - 2
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in
current funds equal to the sum of the amounts determined pursuant to paragraphs 5.01.A, 5.01.B, and 5.01.C below:
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions.
Applications for Payment will be processed by ENGINEER as provided in the General Conditions.
6.02Progress Payments; Retainage
A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's
Applications for Payment on or about the 30'" day of each month during perfmmance of the Work as provided in
paragraphs 6.02.A. l and 6.02.A.2 below. All such payments will be measured by the schedule of values established in
paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the numberof units completed) or, in
the event there is no schedule of values, as provided in the General Requirements:
1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage
indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER
may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions:
a. _<)Q__% of Work completed (with the balance being retainage). If the Work has been 50% completed as
detem1ined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and
ENGINEER, OWNER, on reconnnendation of ENGINEER, may determine that as long as the character and progress
of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in
which case the remaining progress payments prior to Substantial Completion will be in an amount eqnal to 100% of
the Work completed less the aggregate of payments previously made; and
b. _Q__% of cost of materials and equipment not incorporated in the Work (with the balance being retainage).
2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to
CONTRACTOR to .J)i_% of the Work completed, less such amounts as ENGINEER shall determine in accordance with
paragraph 14.02.B.5 of the General Conditions and less 200 % of ENGINEER's estinmte of tl1e value of Work to be
completed or conected as shown on the tentative list of items to be completed or conected attached to the certificate of
Substantial Completion.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions,
OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 oftl1e General Conditions shall bear interest at the rate of
___§_% per annum.
00500 - 3
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in
the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site
conditions that may affect cost, progress, and perfo1mance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect
cost, progress, and perf01mance of the Work.
D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all examinations,
investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or
contiguous to the Site which may affect cost, progress, or performance of the Work or which-relate to any aspect of the means,
methods, techniques, sequences, and procedures of constrnction to be employed by CONTRACTOR, including applying the
specific means, methods, teclmiques, sequences, and procedures of constrnction, if any, expressly required by the Contract
Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto
E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are
necessa1y for the perfmmance of the Work at the Contract Price, within the Contract Times, and in accordance with the other
tenns and conditions of the Contract Documents.
F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates
to the Work as indicated in the Contract Documents.
G. CONTRACTOR has conelated the information known to CONTRACTOR, info1mation and observations obtained
from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Contract Documents.
H. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that
CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all t,nns and conditions for
pe1formance and furnishing of the Work.
00500 - 4
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. ThisAgreement(pages 1 to_~7~~inclusive);
2. General Conditions (pages 00700 - 1 to 00700 - 44 , inclusive);
3. Supplementary Conditions (pages 00800 - 1 to 00800 - 4 , inclusive);
4. Specifications as listed in the table of contents of the Project Manual;
5. Drawings consisting of a cover sheet and sheets numbered_!~ through _6_, inclusive, with each sheet bearing
the following general title: Ha1tshom Marina Renovation Project
6. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not
attached hereto:
a. Written Amendments;
b. Work Change Directives;
c. Change Order(s).
B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted othe1wise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the
General Conditions.
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General Conditions.
10.02 Assignment of Contract
A. No assignment by a patty hereto of any rights under or interests in the Contract will be binding on another party hereto
without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become
due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may
be limited by law), and unless specifically stated to the contraiy in any written consent to an assignment, no assignment will
release or discharge the assignor from any duty or responsibility under the Contract Docnments.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its paitners, successors, assigns, and legal representatives to the other
party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations
contained in the Contract Documents.
00500 - 5
10.04 Severability
A. Any provision or pa1t of the Contract Documents held to be void or unenforceable under any Law or Regulation shall
be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR,
who agree that the Contract Documents shall be ref01n1ed to replace such sh·icken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
10.05 Other Provisions
None
00500 - 6
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has
been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by
OWNER and CONTRACTOR or on their behalf.
This Agreement will be effective on _ _ _ _ __ , _ _ _ (which is the Effective Date of the Agreement).
OWNER: CONTRACTOR:
City of Muskegon Prince Bridge and Marine LTD.
By: ~ ~ By: _"-=
ll~==-=---~---'-
- - --
[CORPORATE SEAL]
Attest ~ Q. L~~
Address for giving notices:
A
[CORP ~ =
/ -,,c..--~~~~- - -
Attest _ _
Address for giving notices:
933 Terrace St. PO Box 510
Muskegon, Michigan 49443-0536 Grand Haven, Michigan 49417
(If OWNER is a corporation, attach evidence of authority
to sign. If OWNER is a public body, attach evidence of License No. _ _ _ _ _ _ _ _ _ _ _ _ _ __ _
authority to sign and resolution or other documents (Where applicable)
authorizing execution of OWNER-CONTRACTOR
Agreement.) Agent for service of process: _ _ __ _ __ _ __
(If CONTRACTOR is a corporation or a partnership, attach
evidence of authority to sign.)
Designated Representative:
Name: Prince Bridge and Marine, LTD.
Title: _ _ _ _ _ __ _ _ _ _ __ _ _ _ __
Address: 933 Tenace St. Address: PO Box 510
Muskegon, Michigan 49443-0536 Grand Haven, Michigan 49417
Phone: 231-724-6705 Phone: 616-846-0660
Facsin1ile: 231-724-4 178 Facsimile: 616-846-0696
00500 - 7
PERSONS AUTHORIZED TO EXECUTE CONTRACTS
All partners must sign contracts, unless a power of attorney modifying this is supplied.
In case of a corporation, only those signatures listed below will be accepted.
The following persons are duly authorized to execute contracts and related documents on behalf of:
NAME OF BIDDER
NOTE: In addition, CORPORATlDNS shall complete the Certificate of
Secretary listing those persons authorized to execute contracts.
NAME
Print or Type DATE
Must correspond with authorized legal signature
r'. Jo 01
Lf::01\) '.Pr?_) NC~ x
Y/Ju/ tJ I
'-1/30)01
.)
\I
EQUAL EMPLOYMENT OPPORTUNITY/EQUAL ACCESS PROGRAM
The bidder named below has initiated and intends to continue an equal employment opportunity polic
designed to eliminate any discrimination in employment because of religion, race, color, national origin, ag,
sex, marital status, physical or mental handicap, height, weight or arrest record. ·
The bidder named below will not discriminate in providing its programs or services to the public because ,
religion, race, color, national origin, age, sex, marital status or physical or mental handicap. The bidder v-.
also provide reasonable accommodation to the needs of individuals with disabifrties consistent with state ar
federal law. ·
:) 'NAME OF BIDDER
P~JI./Cf= BRI j) G-F <I-- /I/ //R J /'I£' I l. TD.
20
THE AMERICAN INSTITUTE OF ARCHITECTS
A/A Document A312
Performance Bond Bond# 54- 126885
Any singular reference to Cont ractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address) : SURETY (Name and Principal Place of Business) :
Prince Bridge and Marine, LTD United Fire and Casualty Company
13844 172nd Ave 118 Second Avenue S . E.
Grand Haven, MI, 49417 Cedar Rapids, IA 52407
OWNER (Name and Address):
City of Muskegon
933 Terrace Street, Muskegon, MI 49443-0536
CONSTRUCTION CONTRACT
Date:
Amount: ** *
$13 4, 702 . 9 5 (One Hundred Thirty Four Thousand Seven Hundred Two And 95/ 700's)
Description (Name and Location):
City of Muskegon Hartshorn Marina Renovation Project-Contract A;
Sheet Pile Bulkhead Repairs.
BOND
Date (Not earlier than Construction Contract Date): 11/05/01
Amount: ***$134, 702 . 95 (One Hundred Thirty Four Thousand Seven Hundred Two And 95/ 100's)
Modifications to this Bond: Kl None D See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Prince Bridge and Marine, LTD United/iire and- Casualty Comp~
Signature: _ _ .,__b;..c...;;..,c...:....::
Name and Title: /(-wi't'I ~
, =--•~ - '-: ;__-'---------
'us c &-.,r~v--
Signature: ~ (A,
Name and Title:
/Yku
Denise A, Madden, Attorney-In-Fact
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER : OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
Abonmarche Consultants, Inc .
212 s . Har bor Drive #301, Grand
Haven, MI 49417
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 1
THIRD PRINTING • MARCH 1987
1 The Contractor and the Surety, jointly and severally, bind 5 If the Surety does not proceed as provided in Paragraph 4 with
themselves, their heirs, executors, administrators, successors and reasonable promptness, the Surety shall be deemed to be in default
assigns to the Owner for the performance of the Construction on this Bond fifteen days after receipt of an additional written
Contract, which is incorporated herein by reference. notice from the Owner to the Surety demanding_ that the Surety
perform its obligations under this Bond, and the Owner shall be
2 If the Contractor performs the Construction Contract, the entitled to enforce any remedy available to the Owner. If the
Surety and the Contractor shall have no obligation under this Surety proceeds as provided in Subparagraph 4.4, and the Owner
Bond, except to participate in conferences as provided in Sub- refuses the payment tendered or the Surety has denied liability, in
paragraph 3.1. whole or in part, without further notice the Owner shall be entitled
to enforce any remedy available to the Owner.
3 If there is no Owner Default, the Surety's obligation under this
Bond shall arise after: 6 After the Owner has terminated the Contractor's right to
complete the Construction Contract , and if the Surety elects to act
3.1 The Owner has notified the Contractor and the Surety at under Subparagraph 4.1, 4.2, or 4.3 above, then the
its address described in Paragraph 10 below that the Owner is responsibilities of the Surety to the Owner shall not be greater than
considering declaring a Contractor Default and has requested and those of the Contractor under the Construction Contract, and the
attempted to arrange a conference with the Contractor and the responsibilities of the Owner to the Surety shall not be greater than
Surety to be held not later than fifteen days after receipt of such those of the Owner under the Construction Contract. To the limit '
notice to discuss methods of performing the Construction contract. of the amount of this Bond, but subject to commitment by the
If the Owner, the Contractor and the Surety agree, the Contractor Owner of the Balance of the Contract Price to mitigation of costs
shall be allowed a reasonable time to perform the Construction and damages on the Construction Contract, the surety is obligated
Contract, but such an agreement shall not waive the Owner's right, without duplication for:
if any, subsequently to declare a Contractor Default; and
6.1 The responsibilities of the Contractor for correction of
3.2 The Owner has declared a Contractor Default and formally defective work and completion of the Construction Contract;
terminated the Contractor's right to complete the contract. Such
Contractor Default shall not be declared earlier than twenty days 6.2 Additional legal, design professional and delay costs
after the Contractor and the surety have received notice as resulting from Contractor's Default, and resulting from the actions
provided in Subparagraph 3 .1; and or failure to act of the Surety under paragraph 4; and
3.3 The Owner has agreed to pay the balance of the Contract 6.3 Liquidated damages, or if no liquidated damages are
Price to the Sufety in accordance with the terms of the Con- specified in the Construction Contract, actual damages caused by
struction Contract or to a contractor selected to perform the delayed performance or non-performance of the Contractor.
Construction Contract in accordance with the terms of the contract
with the Owner. 7 The surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Construction
4 When the Owner has satisfied the conditions of Paragraph 3, Contract, and the Balance of the Contract Price shall not be
the Surety shall promptly and at the Surety's expense take one of reduced or set off on account of any such unrelated obligations.
the following actions: No right of action shall accrue on this bond to any person or entity
other than the Owner or its heirs, executors, administrators or
4.1 Arrange for the Contractor, with the consent of the successors.
Owner, to perform and complete the Construction Contract; or
8 The Surety hereby waives notice of any change, including
4.2 Undertake to perform and complete the Construction changes of time, to the Construction Contract or to related
Contract itself, through its agents or through independent subcontracts, purchase orders and other obligations.
contractors; or
9 Any proceeding, legal or equitable, under this Bond may be
4.3 Obtain bids or negotiated proposals from qualified instituted in any court of competent jurisdiction in the location in
contractors acceptable to the Owner for a contract for performance which the work or part of the work is located and shall be
and completion of the Construction Contract, arrange for a instituted within two years after Contractor Default or within two
contract to be prepared for execution by the Owner and the years after the Contractor ceased working or within two years after
contractor selected with the Owner's concurrence, to be secured the Surety refuses or fails to perform its obligations under this
with performance and payment bonds executed by a qualified Bond, whichever occurs first. If the provisions of this Paragraph
surety equivalent to the bonds issued on the Construction Contract, are void or prohibited by law, the minimum period of limitation
and pay to the Owner the amount of damages as described in available to sureties as a defense in the jurisdiction of the suit shall
Paragraph 6 in excess of the Balance of the Contract Price be applicable.
incurred by the Owner resulting from the Contractor's default; or
10 Notice to the Surety, the Owner or the Contractor shall be
4.4 Waive its right to perform and complete, arrange for mailed or delivered to the address shown on the signature page.
completion, or obtain a new contractor and with reasonable
promptness under the circumstances: 11 When this bond has been furnished to comply with a statutory
or other legal requirement in the location where the construction
.1 After investigation, determine the amount for which it was to be performed, any provision in this Bond conflicting with
may be liable to the Owner and, as soon as practicable after the said statutory or legal requirement shall be deemed deleted
amount is determined, tender payment therefor to the Owner; or herefrom and provisions conforming to such statutory or other
.2 Deny liability in whole or in part and notify the Owner legal requirement shall be deemed incorporated herein. The intent
citing reasons therefor. is that this Bond shall be construed as a statutory,bond and not as
a common law bond.
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AJA@
THE AMER,JCAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 2
THIRD PRINTING • MARCH 1987
12 DEFINITIONS
and the Contractor identified on the signature page, including all
12.1 Balance of the Contract Price: The total amount payable by Contract Documents and changes thereto.
the Owner to the Contractor under the Construction Contract after
all proper adjustments have been made, including allowance to the 12.3 Contractor Default: Failure of the Contractor, which has
Contractor of any amounts received or to be received by the neither been remedied nor waived, to perform or otherwise to
Owner in settlement of insurance or other claims for damages to comply with the terms of the Construction Contract.
which the Contractor is entitled, reduced by all valid and proper
payments made to or on behalf of the Contractor under the 12.4 Owner Default: Failure of the Owner, which has neither
Construction Contract. been remedied nor waived, to pay the Contractor as required by
the Construction Contract or to perform and complete or comply
12.2 Construction Contract: The agreement between the Owner with the other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature:.~~---------------- Signature:
N ame and Title:
Nameand~T=,~.tl~e-,---------------
Address: Addrcss:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 3
THIRD PRINTING • MARCH 1987
THE AMERICAN INSTITUTE OF ARCHITECTS
A/A Document A312
Payment Bond Bond# 54-126885
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY {Name and Principal Place of Business):
Prince Bridge and Marine, LTD United Fire and casualty company
13844 172nd Ave 118 Second Avenue S,E,
Grand Haven, MI, 49417 Cedar Rapids, IA 52407
OWNER (Name and Address):
City of Muskegon
933 Terrace Street, Muskegon, MI 49443-0536
CONSTRUCTION CONTRACT
Date:
Amount: ***$134, 702. 95 (One Hundred Thirty Four Thousand Seven Hundred Two And 95/1OO's)
Description (Name and Location):
City of Muskegon Hartshorn Marina Renovation Project-Contract A;
Sheet Pile Bulkhead Repairs.
BOND
Date (Not earlier than Construction Contract Date): 11/05/01
Amount: ***$134, 702. 95 (One Hundred Thirty Four Thousand Seven Hundred Two And 95/1OO's)
Modifications to this Bond: None • ~ See Page 6
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: {Corporate Seal)
Prince Bridge and Marine, LTD United~ lty company
Signature: ---+~=="'"' · __;~:c..==
-= ~ ='--- - - - - Signature: { ( ~
Name and Title: /{..eu;.., l.<l:i'l,,lsl E".7<-~,.,- Name and T1 e:
Denise A, Madden, Attorney-In-Fact
(Any additional signatures appear on page 6)
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
Abonmarche Consultants, Inc,
212 s. Harbor Drive #301, Grand Haven, MI
49417
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AJA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 4
THIRD PRINTING • MARCH 1987
1 The Contractor and the Surety~ jointly and severally, bind are undisputed and the basis for challenging any amounts that are
themselves, their heirs, executors, administrators, successors and disputed,
assigns to the Owner to pay for labor, materials and equipment 6.2 Pay or arrange for payment of any undisputed amounts.
furnished for use in the perfonnance of the Construction Contract,
which is incorporated herein by reference. 7 The Surety's total obligation shall not exceed the amount of this
Bond, and the amount of this Bond shall be credited for any
2 With respect to the Owner, this obligation shall be null and payments made in good faith by the Surety.
void if the Contractor:
8 Amounts owed by the Owner to the Contractor under the
2.1 Promptly makes payment, directly or indirectly, for all Construction Contract shall be used for the perfonnance of the
sums due Claimants, and Construction Contract and to satisfy claims, if any, under any
Construction Performance Bond. By the Contractor furnishing and
2.2 Defends, indemnifies and holds harmless the Owner from the Owner accepting this Bond, they agree that all funds earned by
claims, demands, liens or suits by any person or entity whose the Contractor in the perfonnance of the Construction Contract are
claim, demand, lien or suit is for the payment for labor, materials dedicated to satisfy obligations of the Contractor and the Surety
or equipment furnished for the use iQ the performance of the under this Bond, subject to the Owner's priority to use the funds
Construction Contract, provided the Owner has promptly notified for the completion of the work.
.,
the Contractor and the Surety (at the address described in
Paragraph 12) of any claims, demands, liens or suits and tendered 9 The Surety shall not be liable to the Owner, Claimants or
defense of such claims,demands, liens or suits to the Contractor others for obligations of the Contractor that are unrelated to the
and the Surety, and provided there is no Owner Default. Construction Contract. The Owner shall not be liable for payment
of any costs or expenses of any Claimant under this Bond, and
3 With respect to Claimants, this ,obligation shall be null and void shall have under this. Bond no obligations to make payments to,
if the Contractor promptly makes payment, directly or indirectly, give notices on behalf of, or otherwise have obligations to
for all sums due. Claimants under this Bond.
4 The Surety shall have no obligation to Claimants under this 10 The Surety hereby waives notice of any change, including
bond until: changes of time, to the Construction Contract or to related
4.1 Claimants who are employed by or have a direct contract subcontracts, purchase orders and other obligations.
with the Contractor have given notice to the Surety (at the address
described in Paragraph 12) and sent a copy, or notice thereof, to 11 No suit or action shall be commenced by a Claimant under
the Owner, stating that a claim is being made under this Bond and, this Bond other than in a court of competent jurisdiction in the
with substantial accuracy, the amount of the claim. location in which the work or part of the work is located or after
the expiration of one year from the date (1) on which the Claimant
4.2 Claimants who do not have a direct contract with the gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or
Contractor: (2) on which the last labor or service was performed by anyone or
the last materials or equipment were furnished by anyone under the
. 1 Have furnished written notice to the Contractor and sent Construction Contract, whichever of (1) or (2) first occurs. If the
a copy, or notice thereof, to the Owner, within 90 days after provisions of this Paragraph are void or prohibited by law, the
having last performed labor or last furnished materials or minimum period of limitation available to sureties as a defense in
equipment included in the claim stating, with substantial accuracy, the jurisdiction of the suit shall be applicable.
the amount of the claim and the name of the party to whom the
materials were furnished or supplied or for whom the labor was 12 Notice to the Surety, the Owner or the Contractor shall be
done or performed; and mailed or delivered to the address shown on the signature page.
Actual receipt of notice by Surety, the Owner or the Contractor,
.2 Have either received a rejection in whole or in part from however accomplished, shall be sufficient complianCe as of the
the Contractor, or not received within 30 days of furnishing the date received at the address shown on the signature page.
above notice any communication from the Contractor by which the
Contractor has indicated the claim. will be paid directly or 13 When this Bond has been furnished to comply with a statutory
indirectly; and or other legal requirement in the location where the construction
was to be performed, any provision in this Bond conflicting with
.3 Not having been paid within the above30 days, have sent said statutory or legal requirement shall be deemed deleted
a written notice to the Surety (at the address described in herefrom and provisions conforming to such statutory or other
Paragraph 12) a·nd sent a copy, or notice thereof, to the Owner, legal requirement shall be deemed incorporated herein. The intent
stating that a claim is being made under this Bond and enclosing is that this Bond shall be construed as a statutory bond and not as
a copy of the previous written notice furnished to the Contractor. a common law bond.
5 If a notice required by Paragraph 4 is given by the Owner to 14 Upon request by any person or entity appearing to be a
the Contractor or to the Surety, that is sufficient compliance. potential beneficiary of this Bond, the Contractor shall promptly
furnish a copy of this Bond or shall pennit a copy to be made.
6 When the Claimant has satisfied the conditions of Paragraph 4,
the Surety shall promptly and at the Surety's expense take the 15 DEFINITIONS
following actions:
15.1 Claimant: an individual or entity having a direct contract
6.1 Send an answer to the Claimant, with a copy to the Owner, with the Contractor or with a subcontractor of the Contractor to
within 45 days after receipt of the claim, stating the amounts that furnish labor, materials or equipment for use in the performance
of the Contract.
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987 A312-1984 5
UNITED FIRE & CASUALTY COMPANY
HOME OFFICE - CEDAR RAPIDS, IOWA
CERTIFIED COPY OF POWER OF ATTORNEY
{Original on file at Home Office of .Company - . See Certification)
KNOW ALL MEN BY THESE PRESENTS, That the UNITED Fl.RE. ~ CASUALTY COMPANY, a corporation duly organized and existing
under the laws of the .State of lovva, and having ·its principal_.- o_ffice in _Cedar R_apids, State of Iowa, does make, constitute and
appoint D. A. VALENT I , OR ROBERT TR OB.EC, OR DEN I SE A. MADDEN, OR KATHLEEN M.
IRELAN, IAN J. DONALD, ALL INDIVIDUALLY
of 6054 LIVERNOIS TROY MI 48098
its true. and lawful Attorney(s)-iri.-Fact With pOW0r ·and authority hei-eby_ conferred to si9n, ~seal and execute. in its behalf all
lawful bonds, undertakings a·nd other obHgB.tory instrurnent_s_·of. Siniilar. nature as follows: ANY ·AND ALL BONDS
and to bind UNITED FIRE & CASUAL TY COMPANY thereby as fully ahd to the same extent as if such instruments were signed by
the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to. the authority
hereby given are hereby ratified and confirme_d.
The Authority hereby granted sha!I expire FEBRUARY 28 th 2003 unless sooner revoked.
This power of Att_orney is made and executed pursuant to and by authority of the .follo\11/ing By-Law duly adop_ted by the
Board of Directors of the Company on April 18, 1973.
11
Article V - Surety Bonds and Undertakings.'1
Section 2, Appointment of Attorrley-in-Fact. "The President or any Vice President, or any other offlcer of the Company, may, from time to lirrie, appoint
by written certif_lcates attorn_eys-_ln•fact to act in behalf of the Company In the execution ol policies of insurance, bonds, under_takings and other
obligatory Instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, m1,ty be afllxed by facsimlta to any
powerof attorney or sp_ecial poWer _of attorney or certification of ell her authorized hereby; such signature and seal, when so used, be.Ing 1;1dopted by the
Company as the _orlglnal signature i)f such olllcer and the orlginal seal of the Company, to be valid and binding upon the Company with the same force
and effect as though manual.I}' affixed, Such attorneys-In-fact, subject to the limitations set forth In their respective certificates' of authority shall have
full power to blnd·the Company by th8ir signature and execution of any such instruments and to attach Iha seal of the Company thereto, The President
or any Vice President, the:eoard of Directors or any other officer ol the Company may at any time revoke all power and authority previously given to
any attorney-In-fact.
IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents
to be signed by its assistant vice president and its corporate seal to be hereto affixed this
28th day of FEBRUARY ,A.D,. 2001
State of Iowa, County of Llpn, ss:
On this 28th day of FEBRtlARY 2001• before me personally came JEFFREY A. CHAPIN
to me known, who being b_y me cfuTY sworn, did Cepose and say: that he resides in Cedar Rapids, State of_ Iowa; that he is an
Assistant Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described In and which executed the
above instrument; that he knows the s·eal of sSid cOrpdration; that - the seal affixed__ to·- the said · fostrument is such corporated
seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his
name thereto pursuant to like authority, and acknowledges ·same to ·be the act Bnd deed .. 'of=.sai~- crporfioh; .. ~
,...... ••t# MICHEU.EGREEN ~ I C. ~i'Golic · -='
(f)!
~;-~
MYCOMMISSIONEl<l'IR!eS .
August 22, 2_003
My commission expires AUGUST 22 ,2003
CERTIFICATION
I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing
copy of the Power of. Attorney a_nd affida;vit, _and the -~op_y of the Section of the_. By-Law~. of said Company a_s set forth in .said
Power of Attorney, with the ORIGINALS ON FILE IN TH.E HOME; OFFICE OF SAID COMPANY, and that the same are correct
transcripts thereof, and of the whole· of the s_af_d originals, __ and --th~t: th_e_ said --Power of Attorriey has not been revoked and is
now in full" force and effect
~u,,,,,,,. In te_slimony whereof h~ve liere1.mto subcribed my name_ and co,rpqrate seal of the said
•~'\.. Company this 5th day of November 20 01
PORA!£(\\
-•- IJ
BAL "ii
.,,
,,....,,,
.....
...... \\,'f
ACORD™ CERTIFICATE OF LIABILITY INSURANCE I
DATE (MM/DD/VY)
11/05/2001
(248)828-3377
PROD,UCER FAX (248)828-3741 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Valenti, Trobec, Chandler, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
6054 Livernois Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Troy, MI 48098
INSURERS AFFORDING COVERAGE
INSURED Prince Bridge & Marine Ltd INSURER A: ZURICH US
Bane, L. L.C. INSURER B: Makel American Ins. Co.
P & V Leasing, Inc. INSURER C: Travelers Insurance
'
P.O. Box 510 INSURER D: ( ) Lt i 1..:: 1\I H I
Gr"nd Haven, MI 49417 INSURER E: V I \ I V I I "' , _
COVERAGES
THE POLICIES OF INSURAN CE LIST ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IND ICATED. NOTWITHSTAN DING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCL USIONS AND CONDITIONS O F SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE IMM/DD/YYI DATE IMM/DD/YYl LIMITS
GENERAL LIABILITY GL03504448 04/01/2001 04/01/2002 EACH OCCURRENCE $ 1,000,000
X s 300,000
A ,__
,__
n
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE 0 OCCUR
FIRE DAMAGE (Any one fire)
MED EXP (Any one person) $ 5,000
PERSONAL & ADV INJURY s 1,000,000
,__ GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMP/OP AGG $ 2,000,000
7 POLICY
n PRO-
JECT n LOC
AUTOMOBILE LIABILITY BAP3504449 04/01/2001 04/01/2002
x
- ANY AUTO
COMBINED SINGLE LIMIT
(Ea accidenl) $
1,000,000
ALL OWNED AUTOS
- BODILY INJURY
(Per person) $
SCHEDULED AUTOS
A
X HIRED AUTOS
BODILY INJURY
$
X NON-OWNED AUTOS (Per acciden!)
-
,__ PROPERTY DAMAGE $
(Per acciden!)
R GARAGE LIABILITY
ANY AUTO
AUTO ONLY· EA ACCIDENT
OTHER THAN
AUTO ONLY:
EAACC $
AGG $
$
B
:IJ
EXCESS LIABILITY
OCCUR • CLAIMS MADE
~UGAB7901 04/01/2001 04/01/2002 EACH OCCURRENCE
AGGREGATE
$
$
$
6,000,000
6,000,000
~ DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND WC3504447 04/01/2001 04/01/2002 ITORY
vvc; STATU· I
LIMITS
JUTH·
ER
EMPLOYERS' LIABILITY
A
E.L. EACH ACCIDENT 500,000 $
500,000
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $ 500,000
OTrR
IIn and Marine QT660166J0969 04/01/2001 04/01/2002 Leased/Rented $250,000 Limit
C
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
~dditional Insureds: City of Muskegon, Abonmarche Consultants, Inc. (Engineer) including respective
pfficers, directors, partners, employees, agents & other consultants. The insurance afforded for the
additional insureds is primary. RE: Project For City of Muskegon - Hartshorn Marina Renovation
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
_lQ_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
City of Muskegon
933 Terrace Street OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Muskegon, MI 49443 - 0536
4W
AUTHORIZED REPRESENTATIVE
Del Valenti/V45 ~
ACORD 25-S (7/97) © ACORD CORPORATION 1988
Date: October 16, 2001
To: Honorable Mayor and City Commissioners
From: Melissa Jacobsen ·t( i'tl'.,6ijv~-
RE: Marina Electrical Bid Approval/Contract B
SUMMARY OF REQUEST:
To approve DePree Electric as the contractor for the
electrical rehabilitation at Hartshorn Marina as part of
the Electrical Project.
FINANCIAL IMPACT:
$70,695.00 with a 50% local match required by the City
of Muskegon.
BUDGET ACTION REQUIRED:
Already projected in the 2002 budget.
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
None
Affirmative Actio-,.
23 I /724-6703
FAX/722-1214
Assessor
231/724-6708
FAX/726-5181
Cemelery
23 1/724-6783
FAX/726-56 17
Civil Service
23 I /724-6716
FAX/724-4405 West Michigan's Shorelhie City
Clerk
23 1/724-6705
FAX/724-4 178
Date: October 16, 2001
Comm. & Neigh.
Services
To: Honorable Mayor and City Commissioners
231 /724-6717
FAX/726-2501
From: Melissa Jacobsen
Engineering
231/724-6707 Re: Marina Electrical Bid Approval/Contract A
FAX/727-6904
Finance
231/724-6713
FAX/724-6768
On Tuesday, October 16, two bids were received for
electrical upgrades to Hartshorn Marina. Bids are as
Fire Dept.
23 I /724-6792 follows:
FAX/724-698 5
Income Tax
231/724-6770 Depree Electric, $70,695.00
FAX/724-6768
Diversified Contractors, $108,262.00
I nfo. Syslems
231/724-6744
F AX/722-430 I
Leisure Service I am requesting your approval of the bid from DePree
231/724-6704 Electric to provide electrical rehabilitation at
FAX/724-11 96
Hartshorn Marina as part of the Emergency Electrical
Mennger's Office
231 /724-6724
Project that is taking place this fall .
FAX/722-1214
The cost of the service is $70,695.00 with a 50% local
Mayor's Office match required by the City of Muskegon. Total financial
231 /724-6701
FAX/722-1214 impact for the City will be $35,347.50. The other 50%
is funded by The Department of Natural Resources.
I nspecllon Services
231/724-6715
FAX/726-2501
Thank you for your consideration.
Planning/Zoning
231/724-6702
FAX/724-6790
Police Dept.
231/724-6750
FAX/722-5140
Public Works
231/724-4 100
FAX/722-4188
Treasurer
231/724-6720
F AX/724-6768
Water BIiiing Depl.
231/724-67 18
F AX/724-6768
Water Flltrntion
231/724-4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
This document has imp01tant legal consequences; consultation with an attorney is encouraged with respect to its use or
modification.
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
AMERICAN
SOCIETY OF
Issued and Published Jointly By
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a pracace division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
~ ;::.-'Al C·::
The Associated General ~ Contractors of America
This Standard Form of Agreement has been prepared for use with the Standard General Conditions of the Constmction
Contract (No. 1910-8, 1996 Edition). Their provisions are interrelated, and a change in one may necessitate a change
in the other. The suggested language for instrnctions of bidders contained in the Guide to the Preparation of
Instrnctions to Bidders (No. 1910-12, 1996 Edition) is also carefully interrelated with the language of this Agreement.
Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). See also Guide to the
Preoaration ofSunnlementarv Conditions /No. 1910-17, 1996 Edition).
EJCDC No. 1910-8-A-1 (1996 Edition)
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is by and between _~t~he~C~ity~o~f~M~u~s~ke~g~o~n~--------------------
(hereinafter called OWNER) and De Pree Electric Company
(hereinafter called CONTRACTOR).·
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORI(
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Docmnents. The Work is generally
described as follows:
Contract B - Electrical Rehabilitation
ARTICLE 2 - THE PROJECT
2.01 The Project for which tile Work under tile Contract Documents may be the whole or only a part is generally described
as follows:
Hartshorn Marina Renovation Project
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by
Abonmarche Consultants, Inc.
95 West Main Street
Benton Harbor, MI 49022
who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and
have tile rights and autilority assigned to ENGINEER in tile Contract Documents in connection witil tile completion of tile Work
in accordance with the Contract Documents.
00500 - l
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated
in the Contract Documents are of the essence of the Contract.
4.02Datesfor Substantial Completion and Final Payment
A. The work of removals shall be completed by November 15, 2001 so as not to impede other contractors on the project,
with the remainder of the work being completed by April 6, 2002.
4.03Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of tl1e essence of this Agreement and that OWNER will suffer
financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties
involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on
time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for
delay (but not as a penalty), CONTRACTOR shall pay OWNER$ I 000 for each day that expires after the time specified
in paragraph 4.02 for removals until the removals are complete, and$ 2 000 for each day that expires after the time
specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final
payment.
00500 - 2
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amonnt in
current funds equal to the sum of the amounts detennined pursuant to paragraphs 5.01.A, 5.01.B, and 5.01.C below:
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions.
Applications for Payment will be processed by ENGINEER as provided in the General Conditions.
6.02Progress Payments; Retainage
A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's
Applications for Payment on or about the 30'" day of each month during performance of the Work as provided in
paragraphs 6.02.A. I and 6.02.A.2 below. All such payments will be measured by the schedule of values established in
paragraph 2.07.A oftl1e General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in
the event there is no schedule of values, as provided in the General Requirements:
I. Prior to Substantial Completion, progress payments will be made in an amonnt equal to the percentage
indicated below but, in each case, less the aggregate of payments previously made and less such amonnts as ENGINEER
may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions:
a. _2Q__% of Work completed (with the balance being retainage). If the Work has been 50% completed as
determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and
ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress
of the Work remain satisfactory to them, there will be no retainage on acconnt of Work subsequently completed, in
which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of
the Work completed less the aggregate of payments previously made; and
b. _Q_% of cost of materials and equipment not inc01porated in the Work (with the balance being retainage).
2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to
CONTRACTOR to __2L% of the Work completed, less such amounts as ENGINEER shall determine in accordance with
paragraph 14.02.B.5 of the General Conditions and less 200 % of ENGINEER's estimate of the value of Work to be
completed or conected as shown on the tentative list of items to be completed or corrected attached to the certificate of
Substantial Completion.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions,
OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of
_&_% per annum.
00500 - 3
ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in
the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site
conditions that may affect cost, progress, and perfmmance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect
cost, progress, and performance of the Work.
D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all examinations,
investigations, explorations, tests, studies, and data concerning conditions (surface, subsmface, and Underground Facilities) at or
contiguous to the Site which may affect cost, progress, or performance of the Work or which·retate to any aspect of the means,
methods, teclmiques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the
specific means, methods, techniques, sequences, and procedures of constmction, if any, expressly required by the Contract
Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto
E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are
necessa1y for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other
terms and conditions of the Contract Documents.
F. CONTRACTOR is aware of the general nature of work lo be performed by OWNER and others at the Site that relates
to the Work as indicated in the Contract Documents.
G. CONTRACTOR has correlated the information known to CONTRACTOR, infom1ation and observations obtained
from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Contract Documents.
H. CONTRACTOR has given ENGINEER written notice of all conflicts, e1mrs, ambiguities, or discrepancies that
CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR.
I. The Contract Documents are generally sufficient lo indicate and convey understanding of all terms and conditions for
pe1f01mance and furnishing of the Work.
00500 - 4
10.04 Severability
A. Any provision or pmt of the Contract Documents held to be void or unenforceable under any Law or Regulation shall
be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR,
who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
10.05 Other Provisions
None
00500 - 6
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has
been delivered to OWNER and CONTRACTOR. All po1tions of the Contract Docwnents have been signed or identified by
OWNER and CONTRACTOR or on their behalf.
This Agreement will be effective on _ _ _ _ _ _ , _ _ _ ( which is the Effective Date of the Agreement).
OWNER: CONTRACTOR:
City of Muskegon
DeP~
By: - - ~ ~ ~ ~ ~ ~ - - - - - - - - -- -
J ~CORPORA;"J EAL) .
Attest ik, c Q.. 0.K........~ ~P-Y
Address for giving notices: Address for giving notices:
933 Terrace St. 10787 Paw Paw Drive
Muskegon, Michigan 49443-0536 Holland, Michigan 49424
(If OWNER is a corporation, attach evidence of authority
to sign. If OWNER is a public body, attach evidence of License No. lo) 00~) 0
authmity to sign and resolution or other documents (Where applicable)
authorizing execution of OWNER-CONTRACTOR
Agreement.) Agent for service of process: _ _ _ _ _ _ _ _ __
(If CONTRACTOR is a corporation or a partnership, attach
evidence of authority to sign.)
Designated Representative:
Name: De Pree Electric Company
Title: _ ~fh
~ e5
_-~
)~~~ ~ - - --
Address: 933 Terrace St. Address: 10787 Paw Paw Drive
Muskegon, Michigan 49443-0536 Holland, Michigan 49424
Phone: 231-724-6705 Phone: 616-772-5478
Facsimile: 231-724-4178 Facsimile: 616-772-6549
00500 - 7
/"-,.~--i.:..t.rt:.J• •~ .,,I 1,:,:,1,,..11... I , (:•4,0
-.......
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'
/""I.__.I...
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/
NOTICE OF A WARD
TO: De Pree E)~crrjc Compq.ny
ADD.RE-SS: 10787 Paw P1w Drive, Holland. Michigan 49424
Phon1;; 616-772-5478 Fy;s: Gt!S-772-6549
Contruct: Contrtct B: Elccoical R,;:ha):,jJ!tQtlon
0\l{NER's Contrict No. -"'C"'o.,.nt"'rq~c,.,_1_"'-_ _ _ _ _ _ _ __
You a.re notified. thut your Bid dated Oct9ller 1§ 1 2-00!. Car the ~bove Contracl has been con!idered.
You are th" app~n:nt Sticces,ful Bidder And lave been 1twardcd .,_ Contr~l far _ __
C9nl!Jjct~cu1eal RchaJ1.~0~1,_,1gn"'--'a""ru!""-'-A,,_lte""'-'n,,_,,a,,ti:"-'B"'i"'d-"C'------------------
The Contract !'ri~e of your Comnot ia Seventy TI1ousapd Six m1ndtcd !llil}ety-One Dollnry
IUld 08-lO0, ,_ _ _ _ _ _ _ _ _ _ _ _ _ Pollara($ 70,621.08).
_J_ eapie• af c•th of the proposed Contract Doc,uni;,m (c,coept Orau•ings) ,c,omplll\Y th!, Notice of
A~-d. _§_ g~ of the Drawlng9 Will be deliveroo acparatcly or Nherwisc m~d~ av~i)pblc to you
immcd!ale!y.
Yllu must cainµly wit:1 \he following 00ndinon5 precedent within IS days of 1he da.te you receive this
Notice of Aw~rd.
1, Ddivel' to the: OWN1;R _1_ fully cxec4ted colJl'ltCITJ;irts of the Conn·act Docll1nents. [Ell.ch of
the Coun-ict Do<:unmtts must ):,car yow- sig,.iat~rc on 00500 - 7],
1. Deliver with the executed Concrnc~ Doo11mcnt~ th• Contract uocuriL:,, (Bond.) ~; lJ'•oifiod in the
ln,stl'JC\ion! to Bidders, the Genernl Condit,on~ and the Supplem®"1!Y Conditions.
Failure 10 com~ly with th~sc conditions With11i the ti111e $peel fled \Viii entill~ OWNER to con~ider ynllr
Bid in default, to annul thl~ Notice of A~rd and to declare your Bid sec11ri1Y forfoir..-d,
'
Within ten days dicr you comply \ltith the above condiLions, O'\Vl'f~R will retum lo you one fully
axecuted counterpru,r of the Contrac1 DocurMl'll&,
By:
~'l'llOll.!ZllP SIONA URE)
":b,ei.~e o{ L~.{Sqfe J&?v,~
(111'Lll)
Date: October 19, 2001
To: Honorable ~a~./nd City Commissioners
From: Ric Scott /)rr/?-!~-
RE: Reese Building Professional Services Bids
SUMMARY OF REQUEST:
To award a contract to M. C. Smith and Associates for
the design and Construction oversight for the Reese
Field Maintenance Restroom building
FINANCIAL IMPACT:
$10,350
BUDGET ACTION REQUIRED:
None, included in the 2002 budget
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affinuallve Action
23 l /724-6703
FAX/722-1214
Assessor
23 I /724-6708
FAX/726-5181
Cemetery
23 I /724-6783
FAX/726-56 17
C ivil Service
23 I /724-6716
FAX/724-4405 West Michigan's Shol'ellnc City
C lerk
23 I /724-6705
F AX/724-4178
Date: October 16, 2001
Comm. & Neigh.
Services To: Honorable Ma!f ipnd City Commissioners
23 l /724-6717
FAX/726-2501
From: Ric Scott , 1:;~l,6#-
E ngineering
23 I /724-6707 Re: Reese Building Professional Services Bids
FAX/727-6904
Within the 2002 budget is included $150,000 for the
Finance
231/724-6713
construction of a maintenance/Restroom building for
FAX/724-6768 Reese Field. On Tuesday, October 16 four bids were
Fire Dept, received to provide professional services to design and
231/724-6792 oversee the construction of the building . The bids
FAX/724-6985
received were as follows:
Income Tux
231 /724-6770 Gove Associates $10,030
F AX/724-6768
Hooker DeJong $15,000
Info. Systems
231 /724-6744
F AX/722-4301
M. C. Smith $10,350
Leisure Service Isaac V. Norris & Asso. $ 9,750
23 l /724- 6704
FAX1724- 1196 A thorough review of the bid documents shows that the
Monnger's Office
low bidder, Isaac Norris & Associates has not done
231/724-6724 extensive parks work. He was not one of the companies
FAX/722-1214
pre- qualified, and staff cannot recommend that he do the
Mayor's Ofnce work.
231/724-6701
FAX/722-1214 The second low bidder, Gove Associates, did not include
Inspecllon Services monies for a topographical survey or for soil borings.
231/724-6715
FAX/726-250 1
The third low bidder, M. C. Smith did not include the
cost of bid documents for the bidders. The fourth
Plannlng/Zoulng
231/724-6702
bidder, Hooker was substantially higher than the other
FAX/724-6790 bids.
Police Dept.
231 /724-6750
Based on all the above information, I am recommending
FAX/722-5140 that M. C. Smith be awarded the contract. Because they
Public Works
did include the topographical survey and the soil
231/724-4 100 borings, which is going to more expensive than the
FAX1722-4188
printing, I believe they will be the lowest bid. We
Treasurer have worked with M. C. Smith many times in the past and
23 I /724-6720
FAX/724-6768 are currently working with them on several projects.
\Voter BIiiing Dept. Thank you for your consideration.
231/724-6718
FAX/724-6768
Water FUtrnllon
231/724-4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Date: October 23, 2001
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: RFP for Investment Management Services
SUMMARY OF REQUEST: RFP's were recently solicited to determine whether
the use of an outside professional money manager made sense for the City of
Muskegon. Based on a review of proposals received, staff is recommending that
MBIA Investors Service Corporation be selected to manage the city's operating funds
portfolio.
FINANCIAL IMPACT: Staff believes that an outside investment management
advisor will add value to the city's investment returns by having a professional money
manger focus on investment decision-making and by freeing up internal staff time to
focus on other areas of cash management that can increase the total amount
available for investment.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the attached contract subject to
finalization and review by the city attorney.
COMMITTEE RECOMMENDATION: None.
9/18/97
Finance
Administration
Memo
To: City~om
· ion City Manager
From: Fina e · tor
Date: Oc o , 001
Re: RFP for Investment Management Services
For many years, cities have hired outside professional investment advisors for management
of their pension fund and other long-term assets but traditionally have retained in-house
investment control for shorter-term "operating" funds. However, in recent years the use of
outside investment advisors for short-term operating funds has grown and has proven
successful for many communities.
It is with this in mind that RFP's were recently solicited to determine whether the use of an
outside professional money manager made sense for the City of Muskegon. Five proposals
were received and are summarized as follows:
Name Mg!. Fee on $20M Selection
Fee Portfolio Committee Ranking
Huntington Trust Investments 7.0bp $14,000 4
MBIA 14.0bp $28,000 1
Munder Capital Management 22.5bp $45,000 2
Fifth-Third Institutional Investment 15.0bp $30,000 3
National City Trust 10.0bp $20,000 5
• Page 1
O:IFINANCE\PAUL\MyDocuments\MEMO - CITY COMMISSION RFP INVESTMENT MOT.doc
The written proposals were reviewed and ranked by a selection committee comprised of the
city manager, finance director, assistant finance director, and city treasurer. Additionally, Mr.
Howard Pohl, who serves as an independent money manager consultant for the City's
pension funds was asked to review and rank the proposals. Based on this initial review, the
two top ranked firms (MBIA and Munder) were invited in for in-depth interviews with the
selection committee. References for the two finalist firms were also carefully checked.
The basic question in determining whether or not an outside investment manager makes
sense is "can the outside manager add value in the form of increased investment returns that
is greater than the management fee charged?" To answer this, performance data was
compared with actual returns for the city over the last several years:
City Actual MBIA Munder Capital
Annual Fee for Managing $20 Million Portfolio: $ $ 28,000 $ 45,000
In Basis Points (1 bp = 1/100,,, of 1%) 14.00 22.50
Composite Portfolio Returns (before deducting fees):
2000 5.93% 6.07% 6.54%
1999 5.25% 5.06% 5.36%
1998 5.59% 5.43% 5.77%
1997 5.64% 5.87% 5.65%
1996 5.71% 5.67% 5.53%
1995 5.12% 5.91% 6.14%
These figures indicate that moving to an outside investment manager will likely not result in
dramatically increased investment returns. Net of fees, the City's actual performance is in
the ballpark with the composite performance of the outside managers. On the other hand,
comparing composite returns is tricky since differences in cashflow patterns, level of risk or
multiple other factors can greatly impact overall returns.
In my judgement it is probable that a full-time professional money manager could add value
to the city's investment returns in excess of the fee charged. I base this on my knowledge of
the city's cashflow and the amount of time in-house staff is able to devote to investment
matters. Also, I feel that by letting an outside manager focus on investment decisions,
internal staff could focus more on maximizing amounts available for investment through
improved collections and disbursements and more precise cashflow forecasting.
Further, based on the review of the proposals received, staff recommends that the city select
MBIA to manage its short-term investment portfolio and that a 2-year contract be entered
into. This will give adequate time for evaluation. (Note: The contract can be terminated at
any time with a 30-day notice.) MBIA's proposal was judged superior for several reasons:
• Excellent references from other governments (including several in Michigan);
• Greater level of experience in dealing with municipal operating funds;
• Additional services included such as investment policy review and cashflow forecasting
assistance;
• Lower fees;
• "Non-discretionary" form of contract which means City staff will be consulted on
investment decisions;
• Inclusion of custodial bank costs within fee;
The City Attorney has reviewed and given legal approval to the proposed contract.
Please let me know if you have any questions.
Thank you.
• Page3
MBIA MUNICIPAL INVESTORS SERVICE CORPORATION
Investment Advisory Agreement - Non-Discretionary
This Agreement, dated as of the 2J'~ day of ~&wbt',L..- 2001 (the "Agreement''), is
by and between MBIA Municipal Investors Service Corporation (the "Adviser") and the City of
Muskegon (the "Client"). The parties agree as follows:
1. Appointment
The Client hereby appoints the Adviser as the investment adviser of those assets designated by
the Client (the "Advisory Account'').
2. Duties of the Adviser
The Adviser shall invest the assets of the Advisory Account as directed by the Client in
accordance with the written investment objectives, policies and restrictions of the Client. The
Client shall provide the Adviser with an initial Investment Policy or list of authorized investments,
which shall be incorporated in Exhibit A.
The Adviser will provide to the Client monthly a written report detailing transactions for the
period and an inventory of the investments in the Advisory Account. It is agreed that the
Adviser, in the maintenance of records, does not assume responsibility for the accuracy of
information furnished by the Client or any other person.
Any additional investment management services the Adviser shall provide to the Client are
listed in Exhibit B.
3. Non-Discretionary Authority
11 is agreed that decisions concerning investments subject to this agreement shall be made by
the Client's authorized representative with the assistance of the Adviser. The approval of the
Client is required prior to the execution of any investment transaction for the Advisory Account.
The Adviser, when expressly instructed by the Client, will buy or sell securities and place orders
for the execution of such transactions with or through such brokers, dealers, or issuers as the
Adviser may select, subject to approval by the Client.
4. Changes in Investment Policies or Assets in the Account
The Client is required to notify the Adviser promptly in writing of any modifications to the
investment objectives, policies or restrictions applicable to the Advisory Account. The Client
agrees to notify the Adviser promptly of any withdrawal of securities from the Advisory Account
initiated by the Client.
5. Allocation of Brokerage
When placing orders for the execution of transactions for the Advisory Account, the Adviser will
take into consideration not only the available prices but also other relevant factors such as,
without limitation, execution capabilities and safekeeping arrangements. The Adviser will
exercise good faith in obtaining the best price and execution for each transaction for the
Advisory Account.
6. Safekeeping and Custody
The adviser will not have custody or possession of the assets of the Advisory Account of the
Client. The Client shall select and authorize a custodian bank or brokerage firm to hold the
assets of the Advisory Account in safekeeping for the Client. As mutually agreed between the
Adviser and the Client, fees charged for safekeeping the assets of the Advisory Account shall
be paid by the Adviser as specified in the Fee Schedule in Exhibit C.
7. Fees
The compensation of the Adviser for its services under this Agreement shall be calculated and
paid in accordance with the Fee Schedule in Exhibit C, as the same may be amended from time
to time by mutual agreement of the Client and the Adviser.
8. Limitation of Liability
The Adviser will not be liable for any error in judgment or any acts or omissions to act except
those resulting from the Adviser's gross negligence, willful misconduct or reckless disregard of
its duties and obligations under this Agreement. Nothing herein shall in any way constitute a
waiver or limitation of any right of any person under the federal and state securities laws.
9. Services to Other Clients
It is understood that the Adviser performs investment advisory services for other clients. The
Client agrees that the Adviser may give advice and take action with respect to any of its other
clients which may differ from advice given, or the timing, or nature of action taken, with respect
to the Advisory Account.
1O. Representations by the Client
The Client represents that the terms of this Agreement do not violate any obligation by which
the Client is bound, whether arising by contract, operation of law, or otherwise, and that this
Agreement has been duly authorized by appropriate action and is binding upon the Client in
accordance with its terms.
11. Acknowledgment of Receipt of Brochure (Form ADV Part 11)
The Client hereby acknowledges receipt of the Adviser's Brochure (Form ADV Part II) at least
48 hours prior to the date of execution of this Agreement in compliance with Rule 204-3 of the
Investment Advisers Act of 1940 ("Act").
12.Notice
All notices and other communications shall be deemed effective when received, in writing, at the
address appearing below. Receipt of written notice shall be presumed if mailed postpaid by
registered or certified mail, return receipt requested. Each party shall be entitled to presume the
correctness of such address until notified in writing to the contrary.
13. Termination; Assignment; Amendment
This Agreement may be terminated at any time by either party giving to the other at least thirty
(30) days' prior notice of such termination confirmed in writing. If any fees have been paid in
advance, the Adviser will refund to the Client a prorata share of the fee. No assignment, as that
term is defined in the Act, of this Agreement shall be made by either party without the consent of
the other. This Agreement may be amended or modified at any time by mutual agreement in
writing.
14. Counterparts
This Agreement may be executed in two or more counterparts, each one of which shall be
deemed to be an original.
15. Governing Law
To the extent federal law does not apply, this Agreement shall be construed in accordance with
and governed by the laws of the State of Michigan.
Page 2
16. Entire Agreement
This Agreement constitutes the entire agreement of the parties with respect to the management
of the Advisory Account. The Exhibits referenced herein are incorporated into the Agreement.
17. Term of the Agreement
The term of this Agreement shall be for two years from the date set forth above, following which
it may be renewed for additional terms at the option of the Client and with the approval of the
Adviser.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their respective representatives as of the date first above written.
City of Muskegon
APPROVED BY:
ATTESTED TO BY: ~L~-J
'cf
Gail Kundinger
City Clerk
ADDRESS: 933 Terrace Street
Post Office Box 536
Muskegon, Ml 49443-0536
MBIA Municipal Investors Service Corporation
BY:
Mary Donovan, CFA
Vice President
ADDRESS: 1700 Broadway, Suite 2050
Denver, CO 80290
Page3
Exhibit A
Authorized Investments
Insert a copy of the Client's Investment Policy or a List of Authorized Investments that specifies
the types of securities, maximum maturity, credit ratings, diversification or percent of portfolio
limits, and any other specified guidelines.
Page 4
Exhibit C
Fee Schedule for Investment Advisory Services
The annual fee for providing investment advisory services for the City of Muskegon is as
follows:
Assets Annual Fee
Up to $20 million 14 basis points (.14%)
The next $20 million 12 basis points (.12%)
Amounts over $40 million 10 basis points (.10%)
The fees for investment advisory services are based on the average value (cost basis) of assets
under management. A prorata portion of the annual fee (1/12) is billed each month based on the
average asset value of the portfolio for the month. The fee shall be payable upon receipt of
billing from the Adviser.
As mutually agreed between the Adviser and the Client, fees charged by Wells Fargo Brokerage
Services for safekeeping the assets of the Advisory Account shall be paid by the Adviser. Costs
for the safekeeping fees will not be deducted from the Advisory Account nor charged to the
client as an additional fee.
Page 6
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