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CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 9, 2000
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
□ CALL MEETING TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
o HONORS AND AWARDS:
o 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 of an item is required,
it will be removed from the Consent Agenda and be considered separately.
a. Approval of Minutes CITY CLERK
b. Purchase of Property from Joyce Hudson for the Bike Trail
PLANNING & ECONOMIC DEVELOPMENT
c. Nine Month Extension to Repair Home. PLANNING & ECONOMIC
DEVELOPMENT
d. Sale of Non-Buildable Lot in Jackson Hill PLANNING & ECONOMIC
DEVELOPMENT
e. Sale of Vacant Land on Wesley Street in Marquette. PLANNING &
ECONOMIC DEVELOPMENT
f. Sale of Vacant Land on Yuba Street in Jackson Hill. PLANNING &
ECONOMIC DEVELOPMENT
g. Acquisition of the home at 2013 Waalkes for Seaway Industrial
Park. PLANNING & ECONOMIC DEVELOPMENT
h. Dredging Grant. - LEISURE SERVICES
i. Change Order on Ellifson, Mulder to Getty. ENGINEERING
j. Selection of Paint Contractors for Annual Paint Program.
COMMUNITY AND NEIGHBORHOOD SERVICES
k. Selection of Supplier for Annual Paint Program. COMMUNITY AND
NEIGHBORHOOD SERVICES
I. Appointments to Committees/Boards. COMMUNITY RELATIONS
COMMITTEE
• PUBLIC HEARINGS:
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
a. Amendment to the Vegetation Ordinance and grass mowing
notification policy. - PLANNING
b. Vacation of Marsh Street. PLANNING & ECONOMIC DEVELOPMENT
c. Family Investment Center Tax Returns. CITY MANAGER
• NEW BUSINESS:
a. Notice of Intent Resolution on Sidewalk Assessment Bonds.
FINANCE
b. Sale of Vacant Land on Miner Street in Lakeside. PLANNING &
ECONOMIC DEVELOPMENT
c. Additional Solid Waste Services. PUBLIC WORKS
d. Industrial Facilities Tax Abatement Policy. PLANNING &
ECONOMIC DEVELOPMENT
e. Concurrence with Housing Board of Appeals Finding of Facts and
Order for 463 Houston. NEIGHBORHOOD AND CONSTRUCTION
SERVICES
f. Concurrence with Housing Board of Appeals Finding of Facts and
Order for 75 Myrtle. NEIGHBORHOOD AND CONSTRUCTION
SERVICES
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.}
• ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (616) 724-6705 OR TDD: (61 6) 724-4172.
Date: May 9, 2000
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 Regular
Commission Meeting that was held on Tuesday, April 25, 2000.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 9, 2000
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, May 9, 2000.
Mayor Nielsen opened the meeting by introducing Pastor Anderson of Samuel Lu-
theran Church. Pastor Anderson offered the prayer after which members of the City
Commission and the members of the public joined in reciting the Pledge of Alle-
giance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING
Present: Mayor Fred J. Nielsen; Vice Mayor Scott Sieradzki; Commissioners John
Aslakson, Jone Wortelboer Benedict, Robert Schweifler, Clara Shepherd,
Lawrence Spataro
Absent: None
2000-050 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 of an
item 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 Regular Commission Meet-
ing that was held on Tuesday, April 25, 2000.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Purchase of Property from Joyce Hudson for the Bike Trail
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Approval of resolution and purchase agreement for prop-
erty owned by Joyce Hudson, which is required for the continuation of the bike trail
along Laketon Ave. The purchase price is $17,424.00. The purchase agreement has
already been signed by Ms. Hudson.
FINANCIAL IMPACT: Purchase will allow the Laketon Ave. trail project to continue.
The price for the property is $17,424.00 and the purchase will be completed with
funds received from the sale of the Cha~e Hammond Golf Course.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends that the Mayor and Clerk sign the
resolution and purchase agreement, and recommends that the City Commission
authorize staff to complete the purchase according to the terms of the agreement.
c. Nine Month Extension to Repair Home.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve a 9 month extension to allow Sulyman Cotal to
complete electrical, plumbing and exterior repairs to his home at 390 W. Muskegon.
The original agreement between the City and Mr. Cotal stipulated that all repairs
were to be completed within 18 months. The City has customarily granted extensions
to persons who have shown that they are dedicated to completing repairs and con-
tributing to the beautification of the City's Historic Districts. Due to past problems with
repair work done by Mr. Cotal acting as his own contractor, this time extension is con-
tingent upon all repairs being completed by licensed contractors and payment of all
outstanding financial obligations to the City.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the sale, as well as,
authorization for both the Mayor and the Clerk to sign the resolution and deed.
d. Sale of Non-Buildable Lot in Jackson Hill
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of the vacant non-buildable lot des-
ignated as map number 24-31-20-207-015 to Tressa Bankhead of 428 Marquette. The
lot has 34.5 feet of frontage, and is located between Wood and Charles Streets. The
parcel is being offered to Ms. Bankhead for $100. No other adjacent property owners
are interested in purchasing the property.
FINANCIAL IMPACT: The sale of this parcel will allow the property to be placed
back on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
MAY 9, 2000 2
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution.
e. Sale of Vacant Land on Wesley Street in Marquette.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of lots 558 & 559 described as map
number 24-31-21-179-009 to Yolanda Harris for the construction of a 3 bedroom sin-
gle-family home with 1,500 square feet of living space. The lot is 120 feet x 132 feet.
The appraised value of the land is $4,000 and Ms. Harris submitted the or,ly bid of
$4,000.
FINANCIAL IMPACT: The sale of the property will allow the City to collect taxes on
the new home and relieve the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the sale, as well as,
authorization for both the Mayor and the Clerk to sign the resolution and deed con-
tingent upon payment of all outstanding obligations to the City.
f. Sale of Vacant Land on Yuba Street in Jackson Hill.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of the north½ of the lot described as
map number 24-31-20-135-003 to Angela Jones tor the construction of a single-family
home with approximately 1,300 square feet of living space and a two stall garage.
The lot is 100 feet x 132 feet. The appraised value of the land is $3,500 and Ms. Jones
submitted the only bid of $3,600.
FINANCIAL IMPACT: The sale of the property will allow the City to collect taxes on
the new home and relieve the City of continued maintenance costs and is consistent
with the Jackson Hill Marketing Strategy.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the sale, as well as,
authorization for both the Mayor and the Clerk to sign the resolution and deed, con-
tingent upon payment of all financial obligations to the City.
g. Acquisition of the home at 2013 Waalkes for Seaway Industrial
Park.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to the signed purchase agreement of Mr. & Mrs.
Michael J. Rasmussen, the Planning Department seeks to acquire the home located
at 2013 Waalkes. Acquisition of the home brings the City one step closer to the crea-
tion of the Seaway Industrial Park. The Rasmussens sent a letter to the Planning De-
partment indicating a desire to sell their home. After an appraisal ($51,000), all par-
MAY9, 2000 3
ties agreed on a purchase price of $52,000. Funds used to acquire the home come
from an Urban Land Assembly (ULA) grant. Upon approval of the City Commission, a
closing will be scheduled for May 12, 2000.
FINANCIAL IMPACT: The City will expend $52,000 from the ULA grant.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the purchase, as well
as, authorization for both the Mayor and the Clerk to sign the resolution and pur-
chase agreement.
i. Change Order on Ellifson. Mulder to Getty.
ENGINEERING
SUMMARY OF REQUEST: It is requested that you authorize the City Manager to ap-
prove the attached change order on Ellifson between Mulder and Getty. Your
authorization is requested since the C. 0. amount of $11,410 is over 20% of the proj-
ect cost that staff is authorized to approve.
The Change Order was, for the most part, necessary to cover the costs associated
with replacing 11-galvenized water services with copper ones. The galvanized serv-
ices were discovered while installing the storm sewer.
FINANCIAL IMPACT: The value of the change order of $11,410 plus the engineering
cost.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the change order.
j. Selection of Paint Contractors for Annual Paint Program.
COMMUNITY AND NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: The Community and Neighborhood Services Department
solicited qualification for painting contractors to paint low income residents owner -
occupied homes through the City's Annual Paint program. A total of three (3) con-
tractors returned the requested information, the contractors were:
1. Ted Hill
2. Orlando Brown (MBE)
3. Dennis West(MBE)
FINANCIAL IMPACT:
BUDGET ACTION REQUIRED:
STAFF RECOMMENDATION: The staff of the Community and Neighborhood Serv-
ices Department would like to recommend that all three (3) contractors be selected
for this years paint program. The reasoning for the recommendation is that more low-
income families can be assisted with three different crews working. Secondly with
three crews the program should be completed before September 15, 2000, which is
MAY9, 2000 4
the date that HUD's new Lead Based Paint Abatement requirements are to start,
which will probably significantly increase the cost of painting resident's homes. Lastly,
by using all three contractors the City will increase the number of minority and female
contractors that it is using in its programs, which is an issue that HUD is very concerned
about in regards to the City of Muskegon housing programs.
I. Appointments to Committees/Boards.
COMMUNITY RELATIONS COMMITTEE
SUMMA[(Y OF REQUEST: To concur with the actions of the Community Relations
Committee.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval.
Motion by Commissioner Shepherd, second by Commissioner Spataro to approve
the Consent Agenda with the exception of (h) and (k).
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
Aslakson
Nays: None
ADOPTED
2000-051 ITEMS REMOVED FROM CONSENT:
h. Dredging Grant.
LEISURE SERVICES
SUMMARY OF REQUEST: To authorize staff to submit a grant to dredge the small
and large boat basins at Hartshorn marina.
FINANCIAL IMPACT: Total project cost - $300,000, City match $75,000 (25% local
match).
BUDGET ACTION REQUIRED: Need to appropriate the money from the Marina
Budget.
STAFF RECOMMENDATION: Approve
Motion by Commissioner Schweifler, second by Commissioner Aslakson to
authorize staff to submit a grant to dredge the small and large boat basins at Harts-
horn Marina.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
Benedict,
Nays: None
ADOPTED
MAY9, 2000 5
k. Selection of Supplier for Annual Paint Program.
COMMUNITY AND NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: The Community and Neighborhood Services Department
solicited quotes from area paint suppliers for the 2000-Paint Program. Three (3) local
suppliers submitted quotes, O'Leary Paint (Muskegon), Port City Paint (Muskegon),
Uncle Vern's Ace Hardware (Muskegon).
The aggregate units' total for the individual suppliers was the following:
1. O'Leary Paint $187.95
2. Port City Paints $210.83
3. Uncle Vern's Ace Hardware $191.44
FINANCIAL IMPACT:
BUDGET ACTION REQUIRED:
STAFF RECOMMENDATION: The Community and Neighborhood Services Depart-
ment recommends that the Commission accept the low aggregate total of $187.95
submitted by O'Leary Paint and approve O'Leary as the supplier for 2000 City of
Muskegon Paint Program.
Motion by Commissioner Benedict, second by Commissioner Aslakson to approve
O'Leary Paint as the supplier for 2000 City of Muskegon Paint Program.
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict
Nays: Nielsen
ADOPTED
CITY MANAGER'S REPORT:
City Manager Mazade reminded the Commission that there will be a Closed Ses-
sion to discuss pending litigation at the end of the Regular Commission Meeting. Ric
Scott, Director of Leisure Services, introduced a new employee, Melissa Jacobsen,
Recreation/Marina Supervisor.
2000-052 UNFINISHED BUSINESS:
a. Amendment to the Vegetation Ordinance and grass mowing noti-
fication policy.
PLANNING
SUMMARY OF REQUEST: Adopt amendments to section II of the Noxious Weed and
Vegetation Ordinance changing notice requirements and lowering the heights limit
for noxious vegetation. The primary objective is more timely maintenance of prop-
erty and to prevent excessive monitoring of properties.
FINANCIAL IMPACT: Savings in staff in mailing obligations.
BUDGET ACTION REQUIRED: None
MAY9, 2000 6
STAFF RECOMMENDATION: Adopt amendments to the vegetation ordinance and
adopt the grass mowing notification policy.
Motion by Commissioner Aslakson, second by Commissioner Spataro to adopt the
amendments to the ordinance.
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
Schweifler
Nays: None
ADOPTED
Motion by Commissioner Spataro, second by Commissioner Aslakson to adopt the
policy resolution.
ROLL VOTE: Ayes: Spataro, Aslakson, Schweifler, Shepherd
Nays: Sieradzki, Benedict, Nielsen
ADOPTED
b. Vacation of Marsh Street.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for vacation of Marsh St., between Walton and
Myrtle Streets.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of Marsh St., with the con-
dition that all City easement rights be retained. The Planning Commission recom-
mended denial of the vacation of Marsh St. at their meeting on 4/12/00.
Motion by Commissioner Aslakson, second by Commissioner Shepherd to deny
the request for vacation of Marsh St., between Walton an Myrtle Streets.
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd,
Sieradzki
Nays: None
ADOPTED
c. Family Investment Center Tax Returns.
CITY MANAGER
SUMMARY OF REQUEST: To authorize the payment of CPA expenses to BDO Seid-
man for the preparation of tax returns for the Family Investment Center Corporation
and Partnership. The returns must be prepared and filed for the Housing Commission
separation to proceed. Proposals from two CPA firms were solicited and are at-
tached for your review and consideration.
FINANCIAL IMPACT: Approximately $6,000.
MAY9, 2000 7
BUDGET ACTION REQUIRED: To authorize this payment out of the Contingency
budget of the General Fund.
STAFF RECOMMENDATION: To approve the request contingent upon the repay-
ment of this expense by the Housing commission at the separation closing. The trus-
tees of the Corporation have selected BDO Seidman to prepare the tax returns.
Motion by Commissioner Aslakson, second by Commissioner Benedict to deny the
authorization of payment of CPA expenses to BDO Seidman for the preparation of tax
returns for the Family Investment Center Corporation and Partnership.
ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Shepherd, Sieradzki
Nays: Schweifler, Spataro
ADOPTED
2000-053 NEW BUSINESS:
a. Notice of Intent Resolution on Sidewalk Assessment Bonds.
FINANCE
SUMMARY OF REQUEST: Later this year it is expected the City will sell sidewalk spe-
cial assessment bonds (in an amount not to exceed $2,000,000) to finance ongoing
sidewalk improvements throughout the City. The first step in this process is adoption
of the resolution. This "Notice of Intent" resolution notifies the public of the City's in-
tent to issue bonds. Upon adoption of this resolution public notice will be placed in
the Muskegon Chronicle advising citizens that special assessment bonds will be issued
without referendum unless a petition requesting an election is filed with the City Clerk
within forty-five (45) days. The petition must be signed by at least ten percent of the
City's registered voters.
FINANCIAL IMPACT: The only immediate cost associated with this action is the cost
of publication in the Chronicle.
BUDGET ACTION REQUIRED: None at this time. The cost of the newspaper publica-
tion can be covered within the current budget. Once bonds are sold, debt service
costs will be paid by special assessments for the life of the bonds ( 10 years).
STAFF RECOMMENDATION: Approval of the resolution.
Commissioner Sieradzki stepped out of the room at 7:07 p.m.
Motion by Commissioner Aslakson, second by Commissioner Shepherd to adopt
the "Notice of Intent" resolution notifying the public of the City's intent to issue bonds.
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Spataro, Aslakson
Nays: None
ADOPTED
MAY9, 2000 8
b. Sale of Vacant Land on Miner Street in Lakeside.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of the property described as map
number 24-30-34-429-006 to Bill Ingalls II of 110 John Ave. for $15,500. The parcel is 150
feet x 205 feet, and as such will be split to make two lots for the construction of two
single family homes having 75 feet of frontage each. The appraised value of each
parcel is $4,500 for a total minimum bid price of $9,000.
Mr. Ingalls submitted the high bid of three bids submitted for this property. The
other bidders were as follows: Mr. Patrick J. Mason of 3032 Farr Road, Fruitport,
Michigan ($9,260) and Mr. Mark Anderson of 2140 McCracken Street ($9,000). All
bidders were notified of the meeting and asked to be prepared to answer questions
from the Commission.
FINANCIAL IMPACT: The sale of the property will allow the City to collect taxes on
the two new homes and relieve the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the sale, as well as,
authorization for both the Mayor and the Clerk to sign the resolution and deed.
Motion by Commissioner Shepherd, second by Commissioner Aslakson to ap-
prove the sale of the property to Bill Ingalls II of 110 John Ave. for $15,500.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Spataro, Aslakson, Benedict
Nays: None
ADOPTED
c. Additional Solid Waste Services.
PUBLIC WORKS
SUMMARY OF REQUEST: The Staff has been negotiating with Sunset Waste to offer
additional solid waste services:
1. Full season yard waste pick up at the curb on household garbage days.
2. Eliminate Saturday morning drop-offs.
3. Establish an $ .18 per household credit per month towards recycling fees (10%
discount).
4. Continue current limitation of $1.00 per year maximum landfill charge increase.
5. The addition of corrugated cardboard to the recycling stream.
6. Increase yard waste handling fee to $10.00 from $5.00.
7. A three-year contract extension from March 2002 to February 2005.
FINANCIAL IMPACT:
l. Year-around curbside pick up No cost
2. Eliminate Saturday drop offs Savings $54,718/year
3. Recycling credit Savings $28,872/year
4. Tipping fee savings Varies
MAY 9, 2000 9
5. Yard waste handling Increase $26,000-$50,000 (Assumes
an increase in volumes
due to convenience.)
6. Add corrugated cardboard to recycling No cost
BUDGET ACTION REQUIRED: See the above. Additions would yield a net savings of
$32,000-$57,000 credit to the Solid Waste Budget per year.
STAFF RECOMMENDATION: The staff recommends approval.
Commissioner Sieradzki returned to the room at 7:15 p.m.
Motion by Commissioner Aslakson, second by Commissioner Spataro to approve
the additional solid waste services.
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
Nielsen
Nays: None
ADOPTED
d. Industrial Facilities Tax Abatement Policy.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the Industrial Facilities Tax Abatement Policy
and Guidelines.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the policy. The Legislative and Policy
Committee unanimously recommended approval of the policy at their regular quar-
terly meeting on April 26, 2000.
Motion by Commissioner Aslakson, second by Commissioner Spataro to approve
the Industrial Facilities Tax Abatement Policy and Guidelines.
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
Schweifler
Nays: None
ADOPTED
e. Concurrence with Housing Board of Appeals Finding of Facts and
Order for 463 Houston.
NEIGHBORHOOD AND CONSTRUCTION SERVICES
SUMMARY OF REQUEST: This is to request City Commission concurrence with the
findings of the Housing Board of Appeals that the structure located at 463 Houston is
unsafe, substandard and a public nuisance and that it be demolished within thirty
(30) days.
MAY9, 2000 10
It is further requested that administration be directed to obtain bids for the demoli-
tion of the structure and that the Mayor and City Clerk be authorized and directed to
execute a contract for demolition with the lowest responsible bidder.
FINANCIAL IMPACT: The cost of demolition will be paid with budgeted CDBG
funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: A dangerous building inspection was conducted in
December of 1999. This property is owned by Daniel Heller. A Notice and Order was
sent out on 1/27 /00. The case was discussed at the April 6, 2000 Housing Board of
Appeals Meeting where the board determined the structures to be substandard, un-
safe, a public nuisance and to forward to the City Commission for concurrence.
Attached are copies of the inspection report dated 1/24/00, the Notice and order
dated 1/27 /00, the Boards findings of fact and order dated 4/10/00, and the minutes
of the April 6, 2000 meeting of the Housing Board of Appeals.
The estimated cost to repair is $15,000.00.
Motion by Commissioner Shepherd, second by Commissioner Aslakson to concur
with the Housing Board of Appeals and demolish the structure within thirty days.
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
Nays: Sieradzki
ADOPTED
f. Concurrence with Housing Board of Appeals Finding of Facts and
Order for 75 Myrtle.
NEIGHBORHOOD AND CONSTRUCTION SERVICES
SUMMARY OF REQUEST: This is to request City Commission concurrence with the
findings of the Housing Board of Appeals that the structure located at 75 Myrtle is un-
safe, substandard and a public nuisance and that it be demolished within thirty (30)
days.
It is further requested that administration be directed to obtain bids for the demoli-
tion of the structure and that the Mayor and City Clerk be authorized and directed to
execute a contract for demolition with the lowest responsible bidder.
FINANCIAL IMPACT: The cost of demolition will be paid with budgeted CDBG
funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: A dangerous building inspection was conducted in
February of 2000. This property is owned by William Caldwell and/or James Bauer. A
Notice and Order was sent out on 2/11 /00. The case was discussed at the April 6,
2000 Housing Board of Appeals Meeting where the board determined the structure
to be substandard, unsafe, a public nuisance and to forward to the City Commission
for concurrence.
MAY9, 2000 11
Attached are copies of the inspection reports dated 2/9 /00 and 9/2/98, Notice
and Order dated 2/11 /00, and the Boards findings of fact and order dated 4/10/00,
the minutes of the April 6, 2000 meetings of the Housing Board of Appeals, the find-
ings of fact and order of the Board dated April 10, 2000.
Estimated cost to repair this property is $25,000.00.
Motion by Commissioner Aslakson, second by Commissioner Spataro to concur
with the Housing Board of Appeals that the structure be demolished within thirty days.
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd,
Sieradzki
Nays: None
ADOPTED
PUBUC PARTICIPATION:
Several members of the audience spoke.
Motion by Commissioner Benedict, second by Commissioner Spataro to adjourn to
Closed Session at 8: 19 p. m. to discuss pending litigation.
ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
Spataro
Nays: None
ADOPTED
Motion by Commissioner Shepherd, second by Commissioner Benedict to return to
the Regular Commission Meeting at 8:55 p.m.
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Spataro, Aslakson
Nays: None
ADOPTED
ADJOURNMENT:
The Regular Commission Meeting was adjourned at 8:56 p.m.
Respectfully submitted,
~o.L~
Gail A. Kundinger, CMC/AAE
City Clerk
MAY 9, 2000 12
Commission Meeting Date: May 9, 2000
Date: April26,2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C6v
RE: Purchase of Property from Joyce Hudson for the Bike Trail
SUMMARY OF REQUEST:
Approval of resolution and purchase agreement for property owned by Joyce Hudson,
which is required for the continuation of the bike trail along Laketon Ave. (see enclosed
map). The purchase price is $17,424.00. The purchase agreement has already been
signed by Ms. Hudson.
FINANCIAL IMPACT:
Purchase will allow the Laketon Ave. trail project to continue. The price for the properly
is $17,424.00 and the purchase will be completed with funds received from the sale of
the Chase Hammond Golf Course.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends that the Mayor and Clerk sign the resolution and purchase
agreement, and recommends that the City Commission authorize staff to complete the
purchase according to the terms of the agreement.
COMMITTEE RECOMMENDATION:
None
4/26/2000
CITY OF MUSKEGON
RESOLUTION #2000- 50 ( b)
RESOLUTION APPROVING THE PURCHASE OF TRAIL PROPERTY
WHEREAS, the City of Muskegon is in the process of purchasing properties for the continuation
of the Laketon Ave. bike trail project, and the property' owned by Joyce Hudson has been
identified as necessary for the project;
WHEREAS, the purchase of this property from Ms. Hudson would allow the trail project to
proceed;
WHEREAS, Ms .Hudson has signed a purchase agreement for the property at the price of
$17,424.00 for the 15-foot strip;
NOW, THEREFORE BE IT RESOLVED, that the City of Muskegon agrees to purchase the
subject property identified in the attached survey and legal 4~scription at a cost of $17,424.00.
Resolution adopted this 9th day of May, 2000.
Ayes: Benedict, Nielsen, Schweifler , Shepherd, Sieradzki, Spataro,
Aslakson
Nays: None
Absent: None
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on May 9, 2000. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan,
Act 267 ofthe Public Acts of 1976.
CITY OF MUSKEGON
By
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2000-50(b)
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made :KQc1 \ rife ~::::, ,
2000, by and between
JOYCE HUDSON, of 1672 Harvey Street, Muskegon, Michigan 49442 ("Seller"), and the
CITY OF MUSKEGON, of 933 Terrace Street, Muskegon, Michigan 49440 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property ("Premises") specifically described as:
The South 15 feet of the West 43 feet of Lot 6, the South 15 feet of
Lot 7, and the South 15 feet of the vacated north/south alley
between the said lots; all in Block 462 of the Revised Plat (of
1903) of the City of Muskegon, County of Muskegon, State of
Michigan,
subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall Seventeen Thousand Four Hundred Twenty-four Dollars ($17,424), payable in cash or City
check to Buyer at closing.
3. Taxes and Assessments. All taxes and assessments which are due and payable
at the time of closing shall be paid by Seller prior to or at closing. All taxes and special
assessments which become due and payable after closing shall be the responsibility of Buyer;
provided, because the Premises is part of a larger property, the parties agree that Seller shall pay
in full all taxes due in 1999, including those billed on December 1, 1999, and Buyer shall
reimburse Seller for a prorated portion of the said December 1999 tax bill, which shall be pro-
rated prospectively in accordance with MCL 211.2 (3).
4. Title Insurance. Buyer will obtain, ten (10) days prior to closing, a commitment
for title insurance issued by a licensed and recognized title insurance company for an amount not
less than the purchase price stated in this Agreement, guaranteeing title on the conditions
required herein. In the event the reservations, restrictions or easements of record disclosed by
said title commitment are, in the sole discretion of Buyer, deemed unreasonable, Seller shall have
forty-five (45) days from the date Seller is notified in writing of such unreasonableness of
restriction and such unmarketability of title, to remedy such objections. If Seller resolves such
restrictions and remedies the title (by obtaining satisfactory title insurance or otherwise) within
the time specified, Buyer agrees to complete this sale as herein provided, within ten (10) days of
written notification thereof. If Seller fails to resolve such restrictions or remedy the title within
the time above specified, or fails to obtain satisfactory title insurance, this Agreement will be
terminated at Buyer's option. The premium for the owners' title policy shall be paid by Buyer.
G:\COMMON\5\GTJ\C-TRA!L\HUDSON.PA - 1-
5. Personal Property and Fixtures, All personal property and fixtures which Seller
wishes to remove shall be removed on or before closing. Any personal property which is left on
the Premises shall be the property of Buyer who may dispose of same.
6. Survey. Buyer, at its own expense, may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure. Buyer may elect to purchase the
Premises subject to said encroachment or variation.
7. Environmental Matters. Seller represents and warrants to Buyer as follows:
a. To the best of Seller's knowledge, the Premises have been used and
operated by it in compliance with all applicable federal, state and local laws and
regulations related to air quality, water quality, waste disposal or management, hazardous
or toxic substances, and the protection of health and the environment.
b. Seller has not disposed of any hazardous or toxic substances on or in the
Premises, but the premises may have been characterized as part of a "facility" under
Michigan law. The Premises may constitute a facility because of historic fill materials in
or in the vicinity of the Premises. Seller is unaware of any plume of contaminated
groundwater in or affecting the Premises.
c. The Premises does not include any "underground storage tank," as that
term is defined by state or federal law to the best of its knowledge.
Such representations and warranties shall be deemed to have been made again by Seller
as of the closing. Seller agrees to indemnify Buyer and hold it harmless from and against any
and all claims, demands, liabilities, costs, expenses, penalties, damages and losses, including, but
not limited to, reasonable attorneys' fees, resulting from any misrepresentation or breach of the
warranties set forth in this paragraph. The representations, warranties and covenants set forth in
this paragraph shall survive the closing.
8. Condition of Premises and Examination by Buyer. SUBJECT TO THE
ABOVE REPRESENTATIONS, NO IMPLIED WARRANTIES OF HABITABILITY,
QUALITY, CONDITION, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER
IMPLIED WARRANTIES SHALL OPERATE BETWEEN SELLER AND BUYER. BUYER
UNDERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS," SUBJECT
TO THE EXPRESS COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES
CONTAINED IN THIS PURCHASE AGREEMENT, ALSO SUBJECT TO THE WARRANTY
OF SELLER THAT NO HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE
PREMISES. BUYER FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE
G:\COMMON\5\GTJ\C-TRAIL\HUDSON.PA -2-
PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, TAKING INTO
ACCOUNT THE REPRESENTATIONS OF SELLER.
9. Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.
10. Closing. The closing date of this sale shall be on or before !111Cv., ;;j! t
2000 ("closing"). The closing shall be conducted at the title insurance company! If necessary,
the parties shall execute an IRS closing report at the closing.
11. Delivery of Documents at Closing. Seller shall execute and deliver a warranty
deed to Buyer at closing for the Premises, together with fully executed discharges of mortgages
or other liens, or other documents to produce clear, marketable, unencumbered property. These
shall also include, without limitation, cancellation of any leases on the property to the extent they
apply to the property sold in this agreement. The Lessee joins in this agreement to signify its
agreement to deliver any documents needed to extinguish its interest in the property.
12. Affidavit of Title. At closing, Seller shall deliver to Buyer an executed Affidavit
of Title.
13. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of closing.
14. Costs. Buyer shall be responsible to pay the Michigan transfer tax in the amount
required by law. Buyer shall be responsible to pay for the recording of any instrument which
must be recorded to clear and convey marketable title to the extent required by this Agreement or
by the title insurance company. Buyer shall pay for the staking, any survey costs, the cost of
recording the warranty deed to be delivered at closing and the title company fees for closing.
15. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
G:\COMMON\5\GTJ\C-TRAIL\HUDSON.PA -3-
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties, The representations,
warranties, covenants ,and agreements contained in this Agreement and in any instrument
provided for herein shall survive the closing and continue in full force and effect after the
consummation of this purchase and sale and continue until all liabilities of Buyer have
been fully satisfied.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES: SELLER:
Joyce Hu son . ,, /
SS No. 8 73 -- 2. l/ _,'5 ? 0 2
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7 <,'}/..''.-·!.,_ .,-,<,1,,,
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LESSEE: (If any)
G:\COMMON\5\GTJ\C-TRAIL\HUDSON.PA -4-
ISSUED BY 1
'fRANSNATION TITLE INSURANCE COMPANY OWNER S POLICY OF TITLE INSURANCE
0 Transnation
A LANDAMERICA COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND
THE CONDITIONS AND STIPULATIONS, TRANSNAT!ON TITLE INSURANCE COMPANY, an Arizona corporation, herein called the
Company, insures, as of Date of Policy shown in Schedule A, against loss_ or damage, not exceeding the Amount of Insurance stated in
Schedule A, sustained or incurred by the insured by reason of:
I, Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance.on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the ext_ent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto
affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
TRANSNATION TITLE INSURANCE COMPANY
By:
Secretary President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
t. {a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve-
ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula-
tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any takiilg which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) altaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if 1he insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer
results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
NM 1 PA 10
ALTA Owner's Policy (10-17-92)
Valid Only If Schedules A and B and Cover Are Attached
Face Page
Fnrm 1190-!'ifi
Issued with Policy No.
SCHEDULE A
Amount $17,424.00 Policy No. 410691
Premium$ Order No.
Date: May 31. 2000 or the date of recording of the instrument(s) creating the
estate or interest insured herein, whichever is later.
INSURED
City of Muskegon
1. The estate or interest in the land described or referred to in this schedule
covered by this policy is fee simple.
2. Title to the estate or interest covered by this policy at the date hereof is
vested in:
City of Muskegon
3. The land referred to in this policy is situated in the City of Muskegon,
County of Muskegon. State of Michigan. and is described as follows:
The South 15 feet of the West 43 feet of Lot 6 and the South 15 feet of Lot
7 and the South 15 feet of vacated North-South alley lying between Lots 6
and 7, Block 462. Revised Plat (of 1903) of the City of Muskegon, as
recorded in Liber 3 of Plats, Page 71. Muskegon County Records.
TRANSNATION TITLE INSURANCE COMPANY
Counte~
:~,,, c/ ~
By_ _ _ _ _ _ _ _ _ _ _ _ __
Authorized Officer or Agent
Page 1
Form 1141-16
Policy No. 410691 File No.
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay
costs. attorneys' fees or expenses) which arise by reason of:
1. Rights or claims of parties in possession not shown of record.
2. Unrecorded water, mineral and oil rights. unrecorded easements and
claims of easement. boundary line disputes not disclosed of record and
any matters which would be disclosed by an accurate survey and
inspection of the premises.
3. Mechanics· liens not of record.
4. The dower or homestead rights. if any, of the wife of any individual
insured or of any individual shown herein to be a party in interest.
5. Building and use restrictions not appearing in the record chain of
title, but omitting restrictions, if any, based on race. color,
religion or national origin.
6. Terms, conditions and provisions contained in the instrument recorded
October 19, 1999 in Liber 2300, Page 606.
sks
Page 2
Form 1141-17
(c) Whenever the Company shall have brought an action or interposed a
1. DEFINITION OF TERMS. defense as required or permitted by the provisions of this policy, the
The following terms when used in this policy mean: Company may pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in its sole discretion,
ta) "insured": the insured named in Schedule A, and, subject to any to appeal from any adverse judgment or order.
rights or defenses the Company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law (d) In all cases where this policy permits or requires the Company to
as distinguished from purchase including, but not limited to, heirs, prosecute or provide for the defense of any action or proceeding, the
distributees, devisees, survivors, personal representatives, next of kin, or insured shall secure to the Company the right to so prosecute or provide
corporate or fiduciary successors. defense in the action or proceeding, and all appeals therein, and permit the
(b) "insured claimant": an insured claiming loss or damage. Company to use, at its option, the, name of the insured for this purpose.
Whenever requested by the Company, the insured, at the Company's
(c) "knowledge" or· "known": actual knowledge,. not constructive expense, shall give the Company all reasonable aid (i) in any action or
knowledge or notice which may be imputed to an insured by reason of the proceeding, securing evidence, obtaining witnesses, prosecuting or
public records as defined in this policy or any other records which impart defending the action or proceeding, or effecting settlemenl, and (ii) in any
constructive notice of matters affecting the land. other lawful act which in the opinion of the Company may be necessary or
(d) "land": the land described or referred to in Schedule A, and desirable to establish the title to the estate or interest as insured. If the
improvements affixed thereto which by law constitute real property. The Company is prejudiced by the failure of the insured to furnish lhe required
term "land" does not include any property beyond the lines of the area cooperation, the Company's obligations to the insured under the policy
described or referred to in Schedule A, nor any right , title, interest. estate shall terminate, including any liability or obligation to defend, prosecute, or
or easement in abutting streets, roads, avenues, alleys, lanes, ways or continue any litigation, with regard to the matter or matters requiring such
waterways, but nothing herein shall modify or limit the extent to which a cooperation.
right of access to and from the land is insured by this policy. 5. PROOF OF LOSS OR DAMAGE.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security In addition to and after the notices required under Section 3 of these
instrument. Conditions and Stipulations have been provided the Company, a proof of
(I) "public records": records established under state statutes at Date of loss or damage signed and sworn to by the insured claimant shall be
Policy for the purpose of imparting constructive notice of matters relating furnished to the Company within 90 days after the insured claimant shall
to real property to purchasers for value and without knowledge. With ascertain the facts giving rise to the loss or damage. The proof of loss or
respect to Section !(a) (iv) of the Exclusions From Coverage, "public damage shall describe the defect in, or lien or encumbrance on the title, or
records" shall also include environmental protection liens filed in the other matter insured against by this policy which constitutes the basis of_
records of the clerk of the United States district court for the district in loss or damage and shall state, to the extent possible, the basis of
which the land is located. calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss
{g) "unmarketability of the title": an alleged or apparent matter affecting or damage, the Company's obligations to the insured under the policy shall
the title to the land, not excluded or excepted from coverage, which would terminate, including any liability or obligation to defend, prosecute, or
entitle a purchaser of the estate or interest described in Schedule A to be continue any litigation, with regard lo the matter or matters requiring such
released from the obligation to purchase by virtue of a contractual proof of loss or damage.
condition requiring the delivery of marketable title.
In addition, the insured claimant may reasonably be required to submit
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE to examination under oath by any authorized representative of the
Company and shall produce for examination, inspection and copying, at
OF TITLE. such reasonable times and places as may be designated by any authorized
The coverage of this policy shall continue in force as of Date of Policy in representative of the Company, all records, books, ledgers, checks,
favor of an insured only so long as the insured retains an estate or interest correspondence and memoranda, whether bearing a date before or afler
in the land, or holds an indebtedness secured by a purchase money Date of Policy, which reasonably pertain to the loss or damage. Further, if
mortgage given by a purchaser from the insured, or only so long as the requested by any authorized representative of the Company , the insured
insured shall have liability by reason of covenants of warranty made by the claimant shall grant its permission, in writing, for any authorized
insured in any transfer or conveyance of the estate or interest. This policy representative of the Company to examine , inspect and copy all records.
shall not continue in force in favor of any purchaser from the insured of books, !edgers, checks, correspondence and memoranda in the custody or
either (i) an estate or interest in the land, or (ii) an indebtedness secured by control of a third party, which reasonably pertain to the loss or damage.
a purchase money mortgage given to the insured. All information designated as confidential by the insured claimant provided
to the Company pursuant to this Section shall not be disclosed to others
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. unless. in the reasonable judgement of the Company. it is necessary in the
administration of the claim. Failure of the insured claimant to submit for
The insured shall notify the Company promptly in writing (i) in case of examination under oath, produce other reasonably requested information
any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall or grant permission to secure reasonably necessary information from third
come lo an insured hereunder of any claim of title or interest which is parties as required in this paragraph shall terminate any liability of the
adverse to the title lo the estate or interest, as insured, and which might Company under this policy as to that claim.
cause loss or damage for which the Company may be liable by virtue of
this policy, or (iii) if title to the estate or interest. as insured. is rejected as 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
unmarketable. If prompt notice shall not be given to the Company. then as TERMINATION OF LIABILITY.
to the insured all liability of the Company shall terminate with regard to
the matter or matters for which prompt notice is required; provided, In case of a claim under this policy, the Company sha!! have the
however, that failure to notify the Company shall in no case prejudice the following options:
rights of any insured under this policy unless the Company shall be (a)To Pay or Tender Payment of the Amount of Insurance.
prejudiced by the failure and then only to the extent of the prejudice. To pay or tender payment of the amount of insurance under
this policy together with any costs. attorneys' fees and expenses incurred by
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF the insured claimant, which were authorized by the Company, up to the
INSURED CLAIMANT TO COOPERATE. time of paymant or tender of payment and which the Company is obliga-
ted to pay.
(a) Upon written request by the insured and subject to the options Upon the exercise by the Company of this option, all liability and
contained in Section 6 of these Conditions and Stipulations, the Company, obligations to the insured under this policy, other than to make the
at its own cost and without unreasonable delay, shall provide for the payment required, shall terminate, including any liability or obligation _to
defense of an insured in litigation in which any third party asserts a claim defend, prosecute, or continue any litigation, and the policy shall be
adverse to the title or interest as insured, but only as to those stated causes surrendered to the Company for cancellation.
of action alleging a defect, lien or encumbrance or other matter insured (b) To Pay or Otherwise Settle With Parties Other than the Insured or
against by this policy. The Company shall have the right to select counsel With the Insured Claimant.
of its choice (subject to the right of the insured to object for reasonable (i) to pay or otherwise settle with other parties for or in the name
cause) to represent the insured as to those stated causes of action and shall of an insured claimant any claim insured against under this policy, together
not be liable for and will not pay the fees of any other counsel. The with any costs, attorneys' fees and expenses incurred by the insured
Company will not pay any fees, costs or expenses incurred by the insured claimant which were authorized by the Company up to time of payment
in the defense of those causes of action which allege matters not insured and which the Company is obligated to pay; or
against by this policy. (ii) to pay or otherwise setl!e with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys'
(b) The Company shall have the right, at its own cost, to institute and fees and expenses incurred by the insured claimant which were authorized
prosecute any action or proceeding or to do any other act which in its by the Company up to the time of payment and which the Company is
opinion may be necessary or desirable to establish the title to the estate or obligated to pay. ·
interest, as insured, or to prevent or reduce loss or damage to the insuted. Upon the exercise by the Company of either of the options provided for
The Company may take any appropriate action under the terms of this in paragraphs (h)(i) or (ii), the Company's obligations to the insured under
policy, whether or not it shall be liable hereunder, and shall not thereby this policy for the claimed loss or damage. other than the payments
concede liability or waive any provision of this policy. If the Company required to be made, shall terminate, including any liability or obligation to
shall exercise its rights under this paragraph, it shall do so diligently. defend, prosecute or continue any litigation.
Conditions and Stipulations Continued Inside Cover
B 1190-56
CONTROL NO.
<CONDH1J'l0NS A.NII]) Sll'llf'UILA THO NS
(Continued)
7. DETIERMINA'll'ION, ElCTIEl\111' OF LIAIIIUTV AND COINSURANCE. (b) When liability and the extent of loss or damage has been definitely
This policy is a contract of indemnity against actual monetary loss or fixed in accordance with these Conditions and Stipulations, the loss or
damage sustained or incurred by the insured claimant who has suffered loss damage shall be payable within 30 days thereafter.
or damage by reason of matters insured against by this policy and only to 13. SUIIROGATION UPON PAVMIENT OR SETTLEMENT.
the extent herein described.
(a) The Company's Right of Subrogation.
(a) The liability of the Company under this policy shall not exceed the
least of: Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in lhe Company unaffected by
(i) the Amount of Insurance stated in Schedule A; or, any act of the insured claimant.
(ii} the difference between the value of the insured estate or interest as The Company shall be subrogated to and be entitled to all rights and
insured and the value of the insured estate or interest subject to the defect, remedies which the insured c_lairnant would have had against any person or
lien or encumbrance insured against by this policy. property in respect to the claim had this policy not been issued. If
(b) In the event the Amount of Insurance stated in Schedule A al the requested by the Company, the insured claimant shall transfer to the
Date of Policy is less than 80 percent of the value of the insured estate or Company all rights and remedies against any person or property necessary
interest or the full consideration paid for the land, whichever is less, or if in order to perfect this right of subrogation. The insured claimant shall
subsequent to the Date of Policy an improvement is erected on the land permit the Company to sue. compromise or settle in the name of the
which increases the value of the insured estate or interest by at least 20 insured claimant and to use the name of the insured claimant in any
percent over the Amount of Insurance stated in Schedule A, then this transaction or litigation involving these rights or remedies.
Policy is subject to the following:
If a payment on account of a claim does not fully cover the loss of the
(i) where no subsequent improvement has been made, as to any partial insured claimant, the Company shall be subrogatcd to these rights and
loss, the Company shall only pay the loss pro rata in the proportion that remedies in the proportion which the Company's payment bears to the
the amount of insurance at Date of Policy bears to the total value' of the whole amount of the loss.
insured estate or interest at Date of Policy; or
If loss should result from any act of the insured claimant, as stated
(ii) where a subsequent improvement has been made, as to any partial above, that act shall not void this policy, but the Company, in that event,
loss, the Company shall only pay the loss pro rata in the proportion that shall be required to pay only that part of any losses insured against by this
120 percent of the Amount of Insurance stated in Schedule A bears to the policy which shall exceed the amount, if any, lost to the Company by
sum of the Amount of Insurance stated in Schedule A and the amount reason of the impairment by the insured claimant of the Company's right
expended for the improvement. of subrogation.
The provisions of this paragraph shall not apply to costs, attorneys' fees (b) The Company's Rights Against Non-insured Obligors,
and expenses for which the Company is liable under this policy, and shall The Company's right of subrogation against non-insured obligors shall
only apply to that portion of any loss which exceeds, in the aggregate, JO exist and shall include, without limitation, the .rights of the insured to
percent of the Amount of Insurance stated in Schedule A. indemnities, guaranties, other policies of insurance or bonds,
(c) The Company will pay only those costs, attorneys' fees and expenses notwithstanding any terms or conditions contained in those instruments
incurred in accordance with Section 4 of these Conditions and Stipulations, which provide for subrogation rights by reason of Lhis policy_.
8. APPORTIONMENT.
14. ARBITRATION
If the land described in Schedule A consists of two or more parcels
which are not used as a single site. and a loss is established affecting one or Unless prohibited by applicable law, either the Company or the insured
more of the parcels but not all, the loss shall be computed and settled on a may demand arbitration pursuant to the Title Insurance Arbitration Rules
pro rata basis as if the amount of insurance under this policy was divided of the American Arbitration Association. Arbitrahle matters may include,
pro rata as to the value on Date of Policy of each separate parcel to the but are not limited to, any controversy or claim between the Company and
whole, exclusive of any improvements made subsequent to Date of Policy, the insured arising out of or relating to this policy, any service of the
unless a liability or value has otherwise been ·agreed upon as to each parcel Company in connection with its issuance or the breach of a policy
by the Company and the insured at the time of the issuance of this policy provision or other obligation. All arbitrablc matters when the Amount of
and shown by an express statement or by an endorsement attached to this Insurance is $1,000,000 or less shall be arbitrated at the option of either the
policy. Company or the insured. All arbitrable matters when the Amount of
Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to
9. LIMITATION OF LIABILl'll'V. by both the Company and the insured. Arbitration pursuant to this policy
(a) If the Company establishes the title, or removes the alleged defect, and under the Rules in effect on the date the demand for arbitration is
lien or encumbrance, or cures the lack of a right of access to or from the made or, at the option of the insured, the Rules in effect at Date of Policy
land, or cures the claim of unmarketability of title, all as insured, in a shall be binding upon the parties. The award may include attorneys' fees
reasonably diligent manner by any method, including litigation and the only if the laws of the state in which the land is located permit a court to
completion of any appeals therefrom, it shall have fully performed its award allorneys' fees to a prevailing party. Judgment upon the award
obligations with respect to that matter and shall not be liable for any loss rendered by the Arbitrator(s) may be entered in any court having
or damage caused thereby. jurisdiction thereof.
(b) In the event of any litigation, including litigation by the Company The law of the situs of the land shall apply to an arbitration under the
or with the Company's consent, the Company shall have no liability for Title Insurance Arbitration Rules.
loss or damage until there has been a final determination by a court of A copy of the Rules may be obtained from the Company upon request.
competent jurisdiction, and disposition of all appeals therefrom, adverse to
the title as insured. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
(c) The Company shall not be liable for loss or damage to any insured CONTRACT.
for liability voluntarily assumed by the insured in settling any claim or suit (a) This policy together with all endorsements, if any, attached hereto
without the prior written consent of the Company. by the Company is the entire policy and contract between the insured and
the Company. In interpretin•g any provision of this policy, this policy shall
10. lllEOUCTION OF INSURANCE; REDUCTION OR TERMINATION be construed as a whole.
OF LIAIIIL!TY.
(b) Any claim of loss or damage, whether or not based on negligence,
All payments under this policy, except payments made for costs, and which arises out of the status of the title to the estate or interest
attorneys' fees and expenses, shall reduce the amount of the insurance pro covered hereby or by any action asserting such claim, shall be restricted to
tanto. this policy.
(c) No amendment of or endorsement to this policy can be made
11. LIABILITY NONCUMULATIVE
except by a writing endorsed hereon or attached hereto signed by either the
It is expressly understood that the amount of insurance under this President, a Vice President, the Secretary, an Assistanl Secretary, or
policy shall be reduced by any amount the Company may pay under any validating officer or authorized signatory of the Company.
policy Insuring a mortgage to which exception ls taken in Schedule B or to
16. SEV!:RAIIILITY.
which the insured has agreed, assumed, or taken subject, or which is
hereafter executed by an insured and which Is a charge or lien on the In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provi~
estate or interest described or referred to In Schedule A, and the amount sion and all other provisions shall remain in full force and effect.
so paid shall be deemed a payment under this policy to the Insured owner.
17. NOTICES, WHERE SENT.
12. PAYMENT OF LOSS.
All notices required to be given the Company and any statement in writing required
(a) No paymem shall be made without producing this policy for endorsement
of the payment unless !he policy has been lost or destroyed, in which case proof to be furnished the Company shall include the number of this Policy and shall be
of loss or destruction shall be furnished to the satisfaction of the Company. addressed to TRANSNATION TITLE INSURANCE COMPANY, lOl Gateway
NM 1 PA 10 Centre Parkway, Gateway One, Richmond, Virginia 23235-5153.
ALTA Owner's Policy (10-17-92)
Cover Page
r"IOl~ll\l,\I Valid Onlv If Face Page, Schedules A and B Are Allached
TRANSNATION TITLE INSURANCE CO
570 SEMINOLE ROAD. SUITE 102
MUSKEGON MI 49444
Date: May 31, 2000
Escrow Number: 410691
=>roperty Address: V/L Laketon
Muskegon, Mi chi gan
p u RCHASER' s STATEM E N
DEBIT CREDIT
Purchaser Price I• 17,424.00 I•
I I
I I
I I
I I
11:ent Adjustment I I
CLOSING FEES I 100.00 I
:l\JNERS PREMIUM I 178.00 I
Recording Fees I 12.00 I
City/County tax/stamps I 19.25 I
Transfer Tax I 131,25 I
Sub Total I• 17,864.50 I•
)ue from Purchaser I I• 17,864.50
TOTALS $ 17 864.50 $ 17 864.50
********************"*************************************************************************************************************
The undersigned Purchasers acknowledge Receipt of a copy of
this statement and agree to the correctness thereof, and
authorizes and ratifies the disbursement of the funds as stated
therein.
Purchaser(s) Si gnature(s):
AFFIDAVIT OF TITLE
STATE OF MICHIGAN Title Commitment# 410691
COUNTY OF Muskegon
jss
That Joyce L. Hudson being first duly sworn on oath says that they are the true and
lawful owner(s) of the premises located at:
V/L Laketon
Muskegon, Michigan
AND
1. That on this date hereof there is no mechanic's lien on the property and that no
work has been done, or materials furnished, out of which a mechanic's lien could
ripen.
2. That no agreement is in effect which would adversely affect the title to the
property such as a purchase agreement, lease. land contract, option, etc. other
than the contract with the grantees in a certain deed of even date hereof.
3. That the parties in possession other than the affiant(s) are bonafide tenants
only and have no other interest in the premises whatsoever.
4. That there are no judgments or liens against affiant(s). including income tax
liens. adversely affecting the title to said property.
5. That there are no unpaid taxes, special assessments or water bills outstanding
other than those shown on the closing statement.
6. That any overlooked. unknown, or misquoted taxes, special assessments. water
bills etc. shall be immediately paid by affiant(s) as soon as informed of such.
Seller(s):
~o~~~~Y
Subscribed and sworn to, before me a Notary Public. this 31st day of May, 2000
Notary Public _______ County
My Commission Expires:
WARRANTY DEED
STATUTORY FORM FOR INDIVIDUALS 410691
Form No. M-960
KNOW ALL MEN BY THESE PRESENTS: That Joyce L. Hudson
whose street number and post office address is 1672 Harvey Street
Muskegon, Michigan 49442
Convey and Warrant to City of Muskegon
whose street number and post office address is 933 Terrace
Muskegon, MI 49440
the following described premises situated in the City of Muskegon County of Muskegon and
State of Michigan, to-wit:
SEE EXHIBIT" A" ATTACHED HERETO AND MADE A PART HEREOF
More commonly known as: V/L Laketon, Muskegon, Michigan
AFFIX REVENUE STAMPS AFTER RECORDING
for the sum of ONE AND 00/100, (***$1.00*) Dollars
subject to easements, use, building and other restrictions of record, if any;
Dated this 31st day of May, 2000
Signed and Sealed in presence of Signed and Sealed:
{,/;&,~/ft!/<
STATE OF MICHIGAN }
} ss.
COUNTY OF Muskegon }
The foregoing instrument was acknowledged before me this 31st day of May, 2000
by Joyce L, Hudson
My Commission expires Notary Public, _ _ _ _ _ _ _ _ County, Michigan
County Treasurer's Certificate City Treasurer's Certificate
After recording return to: Drafted By:
City of Muskegon City of Muskegon
933 Terrace 933 Terrace
Muskegon, MI 49440 Muskegon, MI 49440
ESCROW NO.: 410691
DATE May 31, 2000
"EXHIBIT A 11
LEGAL DESCRIPTION
The South 15 feet of the West 43 feet of Lot 6 and the South 15 feet of Lot 7 and
the South 15 feet of vacated North-South alley lying between Lots 6 and 7, Block
462, Revised Plat {of 1903) of the City of Muskegon, as recorded in Liber 3 of
Plats, Page 71, Muskegon County Records.
61-24-205-462-0007-00
M!ehlgan Departmem of Treasury
L•4258 IAev. 9/94)
REAL ESTATE TRANSFER TAX VALUATION AFFIDAVIT
This form is issued under authority of P.A. 134 of 1966 and 330 of 1993 as amended.
This form must be filed when you choose not to enter the amount paid for real estate on the
deed. It is required whether the transfer is taxable or not. It is not necessary when the amount
paid is entered on the deed. This form must be completed and signed by either the seller or
his/her authorized agent.
11. County I 12. City or Township
I Muskegon I I Muskegon
13, Seller's Name and Mailing Address I 14. Purchaser's Name and Mailing Address
I Joyce L. Hudson I I City of Muskegon
I I I
I 1672 Harvey Street I I 933 Terrace
I Muskegon, Michigan 49442 I I Muskegon. MI 49440
15. Type and Date of Document I 16. Cash Payment I 11. Amount of County Tax
I I I I I $19.25
I Land Contract Date: I
I I 1s. Amount of Mortgage/Land Contract I 19. Amount of State Tax
I Deed Date: 05/31/00 I I I I $131.25
-'-
110. If consideration is less than market value. I Ill. Total Consideration(add lines 6&8) ! 112- Total Revenue Stamps
I state market value I I ,17.424.00 I I mo.so
13. Legal Description of Real Estate Transferred:
The South 15 feet of the Hest 43 feet of Lot 6 and the South 15 feet of lot 7 and the South 15 feet of vacated
North-South alley lying between lots 6 and 7. Block 462, Revised Plat (of 1903} of the City of Muskegon. as recorded in
Liber 3 of Plats, Page 71, Muskegon County Records.
State of Michigan
}ss.
County of Muskegon }
I certify that the information above is true and complete to the best of my knowledge and
that the value stated is the full market value of the property.
Dated this 31st day of May, 2000 Signed:
Subscribed and s1~orn to before me this 31st day of May. 2000
q~~= JcBl. H~
Notary Public
My Comnission Expires
L-4260
Michigan Department of Treasury This form is issued under authority of
2766 (9-97) P.A. 415 of 1994. Filing is mandatory.
PROPERTY TRANSFER AFFIDAVIT
This form must be filed whenever real estate or some types of personal property are transferred (even if you
are not recording a deed). It is used by the assessor to ensure the property is assessed properly and
receives the correct taxable value. It must be filed by the new owner with the assessor for the city or
township where the property is located within 45 days of the transfer. Ifit is not filed timely, a penalty
of $5/day (maximum $200) applies. The information on this form is NOT CONFIDENTIAL.
11. Street Address of Property 12. County I 14. Date of Transfer (or land contract was signed)
I V/L Laketon I Muskegon I I 05/31/00
I Muskegon, Michigan I I
13, City/Township/Vi1lage of Real Estate ill City I 1s. Purchase Price of Real Estate
I Muskegon u Township I I $17,424.00
I Villa e I
16, Property Identification Number (PIN) If you don't have a PIN, PIN. This number ranges from 10 to 25 digits. It
I
I attach legal description. usually includes hyphens and sometimes includes
I
I 61-24-205-462-0007-00 letters. It is on the property tax bi 11 and on the
I
assessment notice.
!7. Seller's (Transferor) Name I 1s. Buyer·s (Transferee) Name and Mailing Address
! Joyce L. Hudson I I City of Muskegon
I I I
~--------------~ I 933 Terrace
Items 9 - 13 are optional. HO\'lever, by completing I Muskegon, MI 49440
them you may avoid further correspondence. !_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~
Transfers include deeds, land contracts. transfers j9. b'.Q_e of Transfer _
i nvo1vi ng trusts or wi 11 s . certain long- term leases l U Land Contract U Lease
and interest in a business. See the back for a l U Deed U Other (specify) _ _ _ _ _ _ _ __
complete list. ! ____________________
jlO. U Yes I 111, Amount of Down Payment
l_~ls~th~e~t'~'~"'~f~e_,~b~e~tw~e~e"~'~el~a~te~d~pe~'~'~'"~'~?____~l~l~N~o___ l !_________________
1}2. If you financed the purchase. U Yes I 113. Amount Financed (Borrowed)
l__d~1~d~y~o~u~o~a~v~m~a~,k~e~t~c~a~te~o~f~1~nt~e~c~es~t~'-----~1~t~N~o___ l !_________________
Exemptions________________________________________
The Michigan Constitution limits h0\1 much a property's taxable value can increase while it is owned by the same person. Once
the property is transferred, the taxable value must be adjusted by the assessor in the following year to 50 percent of the
property·s usual selling price. Certain types of transfers are exempt from adjustment. Below are brief descriptions of the
types of exempt transfers: full descriptions are in MCL Section 211.27a{7)(a-m). If you believe this transfer is exempt,
indicate below the type of exemption you are claiming. If you claim an exemption, your assessor may request more information
!Q_support your claim.
U transfer from one spouse to the other spouse
U change in O',~nership solely to exclude or include a spouse
U transfer of that portion of a property subject to a life lease or life estate {until the life lease or life estate expires)
U transfer to effect the foreclosure or forfeiture of real property
U transfer by redemption from a tax sale
U transfer into a trust where the settler or the settlor's spouse conveys property to the trust and is also the sole
beneficiary of the trust
U transfer resulting from a court order unless the order specifies a monetary payment
U transfer creating or ending a joint ownership if at least one person is an original O\~ner of the property (or his/her spouse)
U transfer to establish or release a security interest (collateral)
U transfer of real estate through normal public trading of stocks
U transfer between entities under common control or among members of an affiliated group
U transfer resulting from transactions that qualify as a tax-free reorganization
U other, specify:
Certification
~~~~=~·" ~"~-~"'~cc"ic- , ,. r:::u:;:e:;a:;;n~d7 ~-,:;:,m::;:;1;et;;e:;t;;;o:;:;:th:;;e::~b:-e;;s:;t::;,o-cfc-m~-:,k~n-<>~,. ,~l;-e~-,ds-~e-:_.-:_-:_-:_-:_-:_-:_-:_-:_-:_-:_-:_-:_-:_-:_-:_-:_-:_-:_-:_-:_-:_-:_-:_-:_-:_-:_-:__-
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9
IOwner's Signature I Date I I If signer is other than the owner. print name and
:~--+t-=~::__:___:;_________:
410691 1 J~ 011/ /)I) : :-title. -----------------~
ACKNOWLEDGEMENT OF HOMESTEAD EXEMPTION AFFIDAVIT
AND REQUEST TO RESCIND/WITHDRAW HOMESTEAD EXEMPTION
AND PROPERTY TRANSFER AFFIDAVIT
FILE # 410691
DATE, May 31st 2000
The undersigned acknowledges receipt of the Property Transfer Affidavit
form (Michigan Department of Treasury form No. L-4260) as same is
required by Public Act 415 of 1994 which imposes obligations on
purchasers/transferees to file said form within 45 days of the date of
transfer. The undersigned further acknowledges that Transnation Title
Insurance Company is under no obligation to provide said form but does so
as an accommodation to the undersigned. The undersigned assume(s) all
liability relative to compliance with the Act and, accordingly, holds the
Company harmless from and against any liability relative thereto.
Please check one of the following:
The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned request that the Company mail the form by first
class mail and acknowledges that the Company shall not be liable in
the event that any of the information provided on said form is
inaccurate or incomplete, or in the event said form is not received
or properly processed by the local tax collecting unit.
,I_~e undersigned acknowledges receipt of the Homestead Exemption Affidavit
form (Michigan Department of Treasury Form No. 2368) as same is required
by Pub · Act 415 of 1994 which imposes obligations on purchasers/
transferees file said form within 45 days of the date of transfer.
The undersigned her acknowledges that Transnation Title Insurance
Company is under no o igation to provide said form but does so as an
accommodation to the un igned. The undersigned assume(s) all
liability relative to compli e with the Act and, accordingly, holds the
Company harmless from and again any liability relative thereto.
Please check one of the following:
The undersigned do not request TransnatI Title Insurance Company
to file the form on their behalf.
The undersigned request that the Company mail the orm by first
class mail and acknowledges that the Company shall n be liable in
the event that any of the information provided on said arm is
inaccurate or incomplete, or in the event said form is not received
or properly processed by the local tax collecting unit ..
PURCHASER(S),
City of Muskegon
BY----------l+L'Lr~~~-
BY._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Commission Meeting Date: May 9, 2000
Date: May3,2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C,/¼,
RE: Nine Month Extension to Repair Home
SUMMARY OF REQUEST:
To approve a 9 month extension to allow Sulyman Cota! to complete electrical,
plumbing and exterior repairs to his home at 390 W. Muskegon. The original
agreement between the City and Mr. Cotal stipulated that all repairs were to be
completed within 18 months. The City has customarily granted extensions to persons
who have shown that they are dedicated to completing repairs and contributing to the
beautification of the City's Historic Districts. Due to past problems with repair work
done by Mr. Cota! acting as his own contractor, this time extension is contingent upon
all repairs being completed by licensed contractors and payment of all outstanding
financial obligations to the City.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the sale, as well as, authorization for both the Mayor and
the Clerk to sign the attached resolution and deed.
COMMITTEE RECOMMENDATION:
None.
5/3/2000
Resolution No. 2000-50 ( c)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING NINE MONTH EXTENSION TO COMPLETE ELECTRICAL,
PLUMBING, AND EXTERIOR REPAIRS.
WHEREAS,.Sulyman Cotal has submitted a request for a time extension; and
WHEREAS, Mr. Cotal has made sufficient progress on the repair of his home located in the
historic district; and
WHEREAS, the completion of the repairs in conjunction with exterior repairs will further
enhance the ambiance of the City's Downtown;
NOW THEREFORE BE IT RESOLVED, that Sulyman Cotal be granted an additional nine
months to complete electrical, plumbing and exterior repairs, contingent upon Mr. Cotal using
licensed contractors to complete the repairs and payment of all financial obligations to the City.
Adopted this ..1!.b_ day of May, 2000
Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzk i , Spataro, Aslakson
Nays: None
Absent None
CERTIFICATION
I hearby certify that the foregoing constitutes a tme and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan a,t a regular
meeting held on May 9, 2000.
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8
Commission Meeting Date: May 9, 2000
Date: April 27, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Sale of Non-Buildable Lot in Jackson Hill
SUMMARY OF REQUEST:
To approve the sale of the vacant non-buildable lot designated as map
number 24-31-20-207-015 to Tressa Bankhead of 428 Marquette . The
lot has 34.5 feet of frontage, and is located between Wood and Charles
Streets. The parcel is being offered to Ms. Bankhead for $100. No other
adjacent property owners are interested in purchasing the property.
FINANCIAL IMPACT:
The sale of this parcel will allow the property to be placed back on the
City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and
the Clerk to sign said resolution.
COMMITTEE RECOMMENDATION:
None.
412712000
Resolution No. 2000-50 ( d)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A NON-BUlLDABLE LOT IN JACKSON FOR
$100.
WHEREAS, Tressa Bankhead has deposited $100 for map# 24-31-20-207-015, for the subject
parcel located between Charles and Wood Streets;
WHEREAS, the sale would relieve the City of further maintenance costs;
WHEREAS, the sale is consistent with the Jackson Hill Marketing Strategy;
NOW THEREFORE BE IT RESOLVED, that map# 24-31-20-207-015 be sold to the above-
mentioned buyer.
(E 34½ Ft Lot 12 BLK 11)
Adopted this ..21.b._ day of May, 2000
Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: None
Absent None
;,'
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on May 9, 2000. .r
Leonard Ave. Leonard Ave.
~ L
24-31-20-207-015 Marquette Ave.
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QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENT: That the CITY OF MUSKEGON, a municipal corporation,
whose address is 933 Terrace Street, Muskegon, MI 49440,
QillT CLAIMS to Tressa Bankhead, of 428 Marquette, Muskegon, MI 49442
The following described premises situated in the City of Muskegon, County of Muskegon, State of
Michigan, to wit:
E 34 ½ Ft Lot 12 BLK 11 Revised Plat of 1903 City of Muskegon.
for the sum of One hundred ($100) Dollars.
This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.S0S(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this tlt/2 day of May 2000
Signed in the presence of:
~d4
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STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me thisJlt!i.
day of May 2000, by FRED J. and GAIL A .
KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf
of the City.
PREPARED BY:
G. Thomas Johnson
Parmenter O' Toole Notary Public, Muskegon County, Michigan
P.O. Box 786 My commission expires: 2 - cVll ___ 0 2
Muskegon, MI 49443-0786
Telephone: (23 1) 722-1621 When Recorded Return to: Grantee
Send Subsequent Tax Bills to: Grantee
Commission Meeting Date: May 9, 2000
Date: May3,2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Sale of Vacant Land on Wesley Street in Marquette
SUMMARY OF REQUEST:
To approve the sale of the lots 558 & 559 described as map number 24-31-21-179-009
to Yolanda Harris for the construction of a 3 bedroom single-family home with 1,500
square feet of living space. The lot is 120 feet X 132 feet. The appraised value of the
land is $4,000 and Ms. Harris submitted the only bid of $4,000.
FINANCIAL IMPACT:
The sale of the property will allow the City to collect taxes on the new home and relieve
the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the sale, as well as, authorization for both the Mayor and
the Clerk to sign the attached resolution and deed contingent upon payment of all
outstanding obligations to the City.
COMMITTEE RECOMMENDATION:
None.
5/3/2000
Resolution No. 2000-50 ( e)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF URBAN RENEWAL LOTS.
WHEREAS, Yolanda Harris has submitted a bid of $4,000 for Urban Renewal Plat No 3 lots 558
& 559, located on Wesley near the comer of Agnes;
WHEREAS, the sale would enable the City to place these properties back on the tax rolls, and
would relieve the City of further maintenance costs;
WHEREAS, Ms. Harris has agreed to the terms of sale whic_h stipulate that the property be
developed for a single-family residence within 18 months from the date of sale;
WHEREAS, the sale would be in accordance with existing City policies and those of HUD,
concerning the disposition of Urban Renewal lands;
NOW THEREFORE BE IT RESOLVED, that Map# 24-31-21-1 79-009 be sold to the
aforementioned buyer contingent upon payment of all outstanding City obligations.
(Urban Renewal Plat No 3 lots 558 & 559)
Adopted t h i s ~ day of May, 2000
Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: None
Absent None
CERTIFICATION
I hearby ce1tify 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 May 9, 2000.
Gail Kundinger,
Margaret St.
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TRANSNATION TITLE INSURANCE COMPANY
MUSKEGON, Ml 49440 159788
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Bani< 5344 Check 159788
Jrder No 410332 Closed by ABF Property V/L Wesley
410332
Buyer Yolanda Harris Seller City of Muskegon
05/12/00 Net proceeds to seller{s) 3575.00
$3575.00
Gi(,8 (S/89) TRANSNATlON TITLE INSURANCE COMPANY
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made May 9, 2000 by and between the CITY OF
MUSKEGON, a municipal corporation, with offices at 933 Terrace Street,
Muskegon, Michigan 49440 ("Seller"), and Yolanda Harris, of 1041 Albert Street,
Muskegon, Ml 49442.
1. General Agreement and Description of Premises. Seller agrees to sell,
and Buyer agrees to buy, marketable record title of real estate, and all improvements
thereon, with all beneficial easements, the real property located in the City of
Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as:
Urban Renewal Plat No.
6 Lots 558 & 559
Subject to the reservations, restrictions and easements of record, provided said
reservations, restrictions and easements of record are acceptable to Buyer upon
disclosure and review of the same, and subject to any governmental inspections
required by law.
2. Purchase Price and Manner of Payment. The purchase price for the
Premises shall be four thousand Dollars ($4,000), payable in cash or certified
funds, to Seller at Closing.
3. Taxes and Assessments. All taxes and assessments which are due
and payable at the time of Closing shall be paid by Seller prior to or at Closing. All
taxes and special assessments which become due and payable after Closing shall be
the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10)
days prior to closing, a commitment for title insurance, issued by Transnation Title
Insurance Company, for an amount not less than the purchase price stated in this
Agreement, guaranteeing title on the conditions required herein. In the event the
reservations, restrictions or easements of record disclosed by said title commitment is,
in the sole discretion of Buyer, deemed unreasonable, Seller shall have forty-five (45)
days from the date Seller is notified in writing of such unreasonableness of restriction
and such unmarketability of title, to remedy such objections. If Seller resolves such
restrictions and remedies the title (by obtaining satisfactory title insurance or otherwise)
within the time specified, Buyer agrees to complete this sale as herein provided, within
ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title
insurance, this Agreement will be terminated at Buyer's option. The premium for the
owners title policy shall be paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges
that, as part of the consideration inuring to the City, Buyer covenants and agrees to
construct on the premises a single family home, up to all codes, within eighteen (18)
months of the closing of this transaction. The home shall be substantially completed by
that time and, in the event said substantial completion has not occurred, in the sole
judgement of the City, the property and all improvements then installed shall revert in
title to the City, without any compensation or credit to Buyer. Buyer further covenants
that the home shall be owner occupied for five (5) years after the closing. The
covenants in this paragraph shall survive the closing and run with the land.
6. Survey. Buyer, at its own expense, may obtain a survey of the Premises,
and Buyer or its surveyor or other agents may enter the Premises for that purpose
prior to Closing. If no survey is obtained, Buyer agrees that Buyer is relying solely
upon Buyer's own judgment as to the location, boundaries and area of the Premises
and improvements thereon without regard to any representations that may have been
made by Seller or any other person. In the event that a survey by a registered land
surveyor made prior to closing discloses an encroachment or substantial variation from
the presumed land boundaries or area, Seller shall have the option of effecting a
remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Environmental Matters. Seller represents to Buyer that to the best of
Seller's knowledge, the Premises have been used and operated in compliance
with applicable federal, state and local laws and regulations related to air
quality, water quality, waste disposal or management, hazardous or toxic
substances, and the protection of health and the environment. This
representation is made subject to any environmental studies or evidence which
may be available, including, without limitation, filings with the City, any other
governmental unit, or the State of Michigan or the United States, or evidence in
the control of any person or party having knowledge of or interest (at any time)
in the premises. Seller does not warrant that such laws or regulations have not
been violated, or that releases have not occurred.
8. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL
OPERATE BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES
ANY AND ALL SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND
AGREES THAT THE PREMISES ARE TAKEN "AS IS." BUYER HAS PERSONALLY
INSPECTED THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE
LAND, AND THE BUILDINGS AND IMPROVEMENTS THEREON, AND
UNDERSTANDS THAT THE PROPERTY IS BEING PURCHASED AS A RESULT OF
SUCH INSPECTION AND INVESTIGATION AND NOT DUE TO ANY
REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER.
2
9. Real Estate Commission. Buyer and Seller both acknowledge and
agree that neither has dealt with any real estate agents, brokers or salespersons
regarding this sale, and that no agent, broker, salesperson or other party is entitled to
a real estate commission upon the closing of this sale. Buyer and Seller both agree to
indemnify and hold the other harmless from any liability, including reasonable
attorney fees, occasioned by reason of any person or entity asserting a claim for a
real estate commission arising from actions taken by the other party.
party.
10. Closing. The Closing date of this sale shall be on or before June 15, 2000 -
("Closing"). The closing shall be conducted at Transnation Title Insurance Company, 570
Seminole Road, Ste 102, Muskegon, Ml 49444. If necessary, the parties shall execute
an IRS closing report at Closing.
11. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
12. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
13. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of closing.
14. Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount
required by law. Seller shall be responsible to pay for the recording of any instrument which
must be recorded to clear title to the extent required by this Agreement. Buyer shall pay for the
cost of
recording the deed to be delivered at Closing.
15. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read
as plural, feminine, or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this
Agreement, which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be
Binding upon the parties, their successors and assigns.
3
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision of
the Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, convenants and agreements contained in this Agreement and in any
instrument provided for herein, shall survive the Closing and continue in full force and
effect after the consummation of this purchase and sale and continue until all liabilities of
Buyer have been fully satisfied.
h. Modifications of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer/
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES: SELLER: CITY OF MUSKEGON
By ~ ~A,a, ,
FredJ.'sen,ayor
By:~~~~~~~~~
Gail A. Kundinger, City
By:~ ~=~=--..:~~f.-.J.~..L.f.l.~-
By:._ _ _ _ __ __ _ _ __
Social Security No.J ~J -1?-lfll 9'J--,;
Social Security No._ _ _ _ _
Drafted by: Business Address:
PARMENTER OTOOLE 175 W. Apple Ave, P.O. Box 786
BY: G. Thomas Johnson Muskegon, Michigan 49443-0786
4
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENT: That the CITY OF MUSKEGON, a municipal corporation, whose address is 933 Terrace
Street, Muskegon, MI 49440,
QUIT CLAIMS to Yolanda Harris of1041 Albert, Muskegon, MI 49442
The following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
Urban Renewal Plat No. 3 Lots 558 & 559
for the sum of Four Thousand ($4,000.00) Dollars.
PROVIDED, HOWEVER, Grantee, or her assigns, shall commence construction of a home on the premises herein conveyed within
eighteen (18) months after date hereof. In default of such construction, title to the premises herein conveyed shall revert tot the City
of Muskegon free and clear of any claim of Grantee or her assigns; and, in addition thereto, the City of Muskegon may retain the
consideration for this conveyance free and clear of any claim of Grantee or her assigns. "Commence construction" means I) the
issuance of a residential building permit by the City of Muskegon; and 2) in the sole opinion of the City of Muskegon's Di.rector of
Inspections, twenty-five (25%) percent completion of the dwelling described in the said building permit.
In the event ofreversion of title of the above described premise, in1provements made thereon shall become the property of the
Grantor.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).
Dated this j/.t!;_ day of May 2000
Signed in the presence of:
CITY OF MUSKEGON
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STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this //fA day of May 2000, by FRED J. and GAIL A. KUNDINGER, Mayor
and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY:
G. Thomas Johnson
Parmenter O'Toole
~4&u
P.O. Box 786
Muskegon, MI 49443-0786
Telephone: (23 1) 722-1621 When Recorded Return to: Grantee
Send Subsequent Tax Bills to: Grantee
TRANSNATION TITLE INSURANCE CO
570 SEMINOLE ROAD, SUITE 102
MUSKEGON MI 49444
Date: May 12, 2000
Escrow Number: 410332
Property Address: Vacant Land Wesley
Muskegon, Michigan 49442
S E l L E R ' S STATEMENT
DEBIT CREDIT
Purchase Price I• I• 4,000.00
I I
I I
EXISTING LOAN I I
Deposit of earnest money I 200.00 I
CLOSING FEES I 75.00 I
0\./NERS PREMIUM I 150.00 I
Real Estate Corrmission I I
Sub Total I• 425.00 I• 4,000.00
Amount due Seller
' 3 575.00
TOTALS
' 4 000.00
' 4 000.00
**********************************************************************************************************************************
The undersigned Sellers acknowledge Receipt of a copy of this
statement and agree to the correctness thereof, and ratifies
the disbursement of the funds as stated therein.
Seller{s} Signature(s):
MUSKEGON REAL ESTATE BOARD
ADDENDUM TO BUY and SELL AGREEMENT
Date: May 12. 2000.
Office of Phone REALTOR. MUSKEGON. MI
1. Addendum to Buy Sell Agreement dated covering property at Vacant Land Wesley,
Muskegon. Michigan 49442 and legally described as:
Lots 558 and 559. Muskegon Urban Renewal Plat No. 3. as recorded in Liber 19 of
Plats. Pages 16. 17 and 18. Muskegon County Records.
2. This Addendum to be an integral part of attached Buy and Sell Agreement. which is
amended as follows:
The complete legal description of the property is stated above.
:a..EIPT IS ACKNOWLEDGED BY BUYER of a copy ~Agreement. "
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4. REC !PT IS ACKNOWLEDGED BY SELLER of a copy of this Agreement.
AFFIDAVIT OF TITLE
STATE OF MICHIGAN Title Commitment# 410332
COUNTY OF Muskegon
jss
That The City of Muskegon, a Michigan Municipal Corporation being first duly sworn on
oath says that they are the true and lawful owner(s) of the premises located at:
Vacant Land Wesley
Muskegon, Michigan 49442
ANO
1. That on this date hereof there is no mechanic's lien on the property and that no
work has been done, or materials furnished, out of which a mechanic's lien could
ripen.
2. That no agreement is in effect which would adversely affect the title to the
property such as a purchase agreement, lease. land contract, option, etc. other
than the contract with the grantees in a certain deed of even date hereof.
3. That the parties in possession other than the affiant(s) are bonafide tenants
only and have no other interest in the premises whatsoever.
4. That there are no judgments or liens against affiant(s). including income tax
liens, adversely affecting the title to said property.
5. That there are no unpaid taxes, special assessments or water bills outstanding
other than those shown on the closing statement.
6. That any overlooked, unknown, or misquoted taxes, special assessments, water
bills etc. shall be immediately paid qy affiant(s) as soon as informed of such.
Seller(s):
Subscribed and sworn to, before me a
OOUc, e~4;;;:;;:
2tM_YPublic _______ County
My Commission Expir.es: "
MARI K. LARSON -----~
Notary Public, Muskegon ciur~•o~I
. My Commission Expires - •
SURVEY WAIVER
Date: May 12. 2000
RE: 410332
To: TRANSNATION TITLE INSURANCE CO Property Address:
570 SEMINOLE ROAD, SUITE 102 Vacant Land Wesley
MUSKEGON MI 49444 Muskegon, Michigan 49442
County: Muskegon
We, the undersigned, purchasers and sellers, of the above captioned property, acknowledge
we have been strongly advised by you to obtain a land survey showing the dimensions of the
property and the location of all buildings situated thereon.
We have decided, completely of our own volition, not to obtain a survey and wish to
complete the transaction without the recommended survey.
We hereby release TRANSNATION TITLE INSURANCE CO and, its employees and/or agents, from any
responsibility and/or liability concerning or pertaining to survey matters. including, but
not limited to size of lot or land. location of boundary line, location of building and
encroachments.
SELLER(S):
The City of Muskegon,
-------------------~----------
Commission Meeting Date: May 9, 2000
Date: May3,2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Sale of Vacant Land on Yuba Street in Jackson Hill
SUMMARY OF REQUEST:
To approve the sale of the north 1/2 of the the lot described as map number 24-31-20-
135-003 to Angela Jones for the construction of a single-family home with
approximately 1,300 square feet of living space and a two stall garage. The lot is 100
feet X 132 feet. The appraised value of the land is $3,500 and Ms. Jones submitted
the only bid of $3,600.
FINANCIAL IMPACT:
The sale of the property will allow the City to collect taxes on the new home and relieve
the City of continued maintenance costs and is consistent with the Jackson Hill
Marketing Strategy.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the sale, as well as, authorization for both the Mayor and
the Clerk to sign the attached resolution and deed, contingent upon payment of all
financial obligations to the City.
COMMITTEE RECOMMENDATION:
None.
5/3/2000
Resolution No. 2000,-50( f)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT IN JACKSON HILL.
WHEREAS, Angela Jones has submitted a bid of $3,600 for the lot described as map# 24-31-
20-135-003, located on Yuba near the comer of Butler;
WHEREAS, the sale would enable the City to place these properties back on the tax rolls, and
would relieve the City of further maintenance costs;
WHEREAS, Ms. Jones has agreed to the terms of sale which stipulate that the property be
developed for a single-family residence within 18 months from the date of sale;
WHEREAS, the sale would be in accordance with the Jackson Hill Marketing Strategy;
NOW THEREFORE BE IT RESOLVED, that the lot described as map# 24-31-20-13 5-003,
located on Yuba near the comer of Butler be sold to the aforementioned buyer contingent on
payment of all financial obligations to the City.
(Lot 1 & the N ½ of Lot 2 all in BLK 129)
Adopted this --21h.__ day of May, 2000
Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: None
Absent None
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 May 9, 2000.
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Commission Meeting Date: May 9, 2000
Date: April27,2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Acquisition of the home at 2013 Waalkes for Seaway
Industrial Park
SUMMARY OF REQUEST:
Pursuant to the signed purchase agreement of Mr. & Mrs. Michael J. Rasmussen, the
Planning Department seeks to acquire the home located at 2013 Waalkes. Acquisition
of the home brings the City one step closer to the creation of the Seaway Industrial
Park. The Rasmussens sent a letter to the Planning Department indicating a desire to
sell their home. After an appraisal ($51,000), all parties agreed on a purchase price of
$52,000. Funds used to acquire the home come from an Urban Land Assembly (ULA)
grant. Upon approval of the City Commission, a closing will be scheduled for May 12,
2000.
FINANCIAL IMPACT:
The City will expend $52,000 from the ULA grant.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the purchase, as well as, authorization for both the
Mayor and the Clerk to sign the attached resolution and purchase agreement.
COMMITTEE RECOMMENDATION:
None.
4/2712000
Resolution No. 2000-50 ( g)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE ACQUISITION OF THE HOMELOCATED AT 2013
WAALKES STREET FOR $52,000.
WHEREAS, Mr. & Mrs. Michael J. Rasmussen have signed a purchase agreement for the City of
Muskegon's acquisition of the property;
WHEREAS, the acquisition would enable the City to move closer tci the creation of the Seaway
Industrial Park;
WHEREAS, funds for the acquisition have been provided by an Urban Land Assembly grant;
NOW THEREFORE BE IT RESOLVED, that the City of Muskegon purchase the home located
at 2013 Waalkes.
Adopted this 9th day of May, 2000
Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: None
Absent None
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on May 9, 2000. · _ , /
By: - - f S ; ~ ~_!
~ ~ ~ ~ ~ ~!..__
2000-50(g)
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made APl>.:I'- "2 '1 , 2000, by and between
MICHAEL J. RASMUSSEN and CAROL J. RASMUSSEN, husband and wife, of
2013 Waalkes Street, Muskegon, Michigan 49441 ("Seller"), and the CITY OF MUSKEGON,
a municipal corporation, of 933 Terrace, Muskegon, Michigan 49440 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property ("Premises"), in the City of Muskegon, Muskegon County, Michigan,
specifically described as:
Lots 5 and 6, of Block 2, of Young and Williams Addition;
subject to the reservations, restrictions and easements ofrecord, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Fifty-two Thousand Dollars ($52,000), payable in cash or city check to Buyer at Closing.
3. Partial Waiver of Public Acquisition and Relocation Requirements. Seller
understands that this sale constitutes an acquisition for a public purpose, and that Buyer
may be subject to the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended, as well as the Uniform Condemnation Procedures Act of
the State of Michigan. Seller is fully aware of the market value of the property and believes
the price and terms of this sale reflect that value. Seller waives any written notice of value
or further written offer. Seller and Buyer acknowledge entitlement to relocation assistance
payments to Seller and/or Tenants as may be required and appropriate. Seller has received
a copy of the publication: "When a Public Agency Acquires Your Property," published by
the United States Department of Housing and Urban Development, and Seller and Tenants
have received a copy of the publication: "Your Rights and Benefits When Displaced by a
Transportation Project," published by the Michigan Department of Transportation, which
accurately sets forth the relocation benefits applicable to this project.
4. Taxes and Assessments. All taxes and assessments which are due and payable
at the time of Closing shall be paid by the Seller prior to or at Closing. All taxes and special
assessments which become due and payable after Closing shall be the responsibility of Buyer.
5. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior
to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable, the
Seller shall have fo1ty-five (45) days from the date Seller is notified in writing of such
G:\COMMON\5\GTJ\C,RLEST\RASMUSSE.PA -l -
unreasonableness ofrestriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If the Seller fails to resolve such restrictions
or remedy the title within the time above specified or fails to obtain satisfactory title insurance,
this Agreement will be terminated at the Buyer's option. The premium for the owners title policy
shall be paid by Buyer.
5. Personal Property and Fixtures. All personal property and fixtures which the
Seller wishes to remove shall be removed on or before Closing. The parties are aware that the
Buyer intends to demolish the house. Any personal property which is left on the Premises shall
be the property of Buyer who may dispose of same.
6. Survey. Buyer, at its own expense, may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this agreement, and paying the cost of such survey. Buyer may elect to purchase
the Premises subject to said encroachment or variation.
7. Environmental Matters. Seller represents and warrants to Buyer as follows:
a. To the best of Seller's knowledge, the Premises have been used and
operated in compliance with all applicable federal, state and local laws and regulations
related to air quality, water quality, waste disposal or management, hazardous or toxic
substances, and the protection of health and the environment.
b. Seller has not disposed of any hazardous or toxic substances on or in the
Premises and, to the best of Seller's knowledge, the Premises and the groundwater
beneath the Premises is free from environmental contamination of any kind.
c. The Premises does not include any "underground storage tank," as that
term is defined by state or federal law.
Such representations and warranties shall be deemed to have been made again by
Seller as of the Closing. Seller agrees to indemnify Buyer and hold it harmless from and against
any and all claims, demands, liabilities, costs, expenses, penalties, damages and losses, including,
but not limited to, reasonable attorneys' fees, resulting from any misrepresentation or breach of
the warranties set forth in this paragraph. The representations, warranties and covenants set forth
in this paragraph shall survive the Closing.
G:\COMMON\5\GTJ\C-RLEST\RASMUSSE.PA -2-
' I
8. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FORA
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT, HOWEVER, TO THE EXPRESS
COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS
PURCHASE AGREEMENT; ALSO SUBJECT TO THEWARRANTY OF SELLER THAT
NO HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE PREMISES. BUYER
FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE PREMISES AND IS
SATISFIED WITH THE CONDITION OF THE LAND, AND THE BUILDINGS AND
IMPROVEMENTS THEREON.
9. Real Estate Commission. Seller shall be solely responsible for any real estate
commission or expenses of a broker or real estate consultant retained, employed, or utilized by
Seller. Seller agrees to indemnify and hold the Buyer harmless from any liability, including
reasonable attorney fees, occasioned by reason of any person or entity asserting a claim for such
real estate commission or expenses arising from this transaction.
11. Closing. The closing date of this sale shall be on or before N,..'< 1 2-. ,
2000 ("Closing"). The Closing shall be conducted at Transnation Title Insurance Company,
570 Seminole Road, Ste. 102, Muskegon, MI 49444. The parties shall execute an IRS Closing
Report at the Closing.
12. Delivery of Deed. Seller shall execute and deliver a warranty deed to Buyer at
Closing for the Premises.
13. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
14. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
15. Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount
required by law. Seller shall be responsible to pay for the recording of any instrument which
must be recorded to clear title to the extent required by this Agreement. Buyer shall pay for the
cost of recording the warranty deed to be delivered at Closing.
16. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
G:ICOMMON\5\GTJIC-RLESnRASMUSSE.PA -3-
b. Merger. It is understood and agreed that all understandings and
agreements previously made between the Buyer and Seller are merged into this
Agreement, which alone fully and completely expresses the agreement of the parties.
c Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
d. Successors. All terms and conditions of this Agreement shall be binding
upon the patties, their successors and assigns.
e. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
f. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after the
consummation of this pmchase and sale and continue until all liabilities of Buyer have
been fully satisfied.
g. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES: BUYER: CITY OF MUSKEGON
Bn ~Mayor
Fred J. Niels
-~
~~il~ d2er~ r
SELLER:
PREPARED BY:
G. Thomas Johnson
Parmenter O'Toole
175 W. Apple Avenue
Muskegon, MI49443-0786
Telephone: 231/722-162 1
G:\COMMON\5\GTJ\C-RLESnRASMUSSE.PA -4-
RESIDENTIAL TITLE INSURANCE POLICY
ISSUED BY
TRANSNATION TITLE INSURANCE COMPANY ONE-To-FouR FAMILY RESIDENCES
0 Transnation
A LANDA.MERICA COMPANY
COVERED TITLE RISKS
This Policy covers the following title risks, if they affect your title on the Policy Date.
1. Someone else owns an interest in your title.
2. A document is not properly signed, sealed, acknowledged, or delivered.
3. Forgery, fraud, duress, incompetency, incapacity or impersonation.
4. Defective recording of any docume1_1t.
5. You do not have any legal right of access to and from the land.
6. There are restrictive covenants limiting your use of the land.
7. There is a lien on your title because of:
• a mortgage or deed of trust
• a judgment, tax, or special assessment
• a charge by a homeowner's or condominium association
8. Others have rights arising out of leases, contracts, or options.
9. Someone else has a recorded easement on your land.
10. Your title is unmarketable, which allows another person to refuse to perform a contract to purchase, to lease
or to make a mortgage loan.
11. You are forced to remove your existing structure - other than a boundary wall or fence - because:
• it violates a restriction shown in Schedule B
• it violates an existing zoning law
12. You cannot use the land because use as a single-family residence violates a restriction shown in Schedule B
or an existing zoning law.
13. Other defects, liens, or encumbrances.
TRANSNATION TITLE INSURANCE COMPANY
Attest: By:
President
I
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'fRANSNATION TITLE INSURANCE COMPANY
Tramisnation
A LANDAMERICA' OOMPANY
1fAllllL!E OIF <CON1flEN1fS IE¼Cl}[JSil(J)N§
PAGIE
OWNER'S COVERAGE STATEMENT 3 In addition to the Exceptions in Schedule B, you are not insured against
COVERED TITLE RISKS I loss, costs, attorneys' fees, and e"penses resulting from:
COMPANY'S DUTY TO DEFEND AGAINST 1. Governmental police power, and the existence or violation of any law
COURT CASES 3 or government regulation. This includes building and zoning ordi-
SCHEDULE A INSERT nances and also laws and regulations concerning:
Policy Number, Date and Amount @ land use
l. Name of Insured ei improvements on the land
2. Interest in Land Covered o land division
3. Description of the Land o environmental protection
SCHEDULE B - EXCEPTIONS INSERT
EXCLUSIONS 2 This exclusion does not apply to violations or the enforcement of
CONDITIONS 6 these matters which appear in the public records at Policy Date.
I. Definitions 6
2. Continuation of Coverage 6 This exclusion does not limit the zoning coverage described in Items
3. How to Make a Claim 6 12 and 13 of Covered Title Risks.
4. Our Choices When You Notify Us of a Claim 6
5. Handling a Claim or Court Case 6 2. The right to take the land by condem:iing it, unless:
6. Limitation of the Company's Liability 6 0
a notice of exercising the right appears in the public records
7. Transfer of Your Rights 6 on the Policy Date
0 the taking happened prior to the Policy Date and is binding
8. Arbitration 6
9. Our Liability is Limited to This Policy 6 on you if you bought the land without knowing of the taking
3. Title Risks:
e- that are created. allowed, or agreed to by you
OWNIEIR'§ INFORMATION SIHIIEIET
o that are known to you. but not to us, on the Policy Date -
unless they appeared in the public records
Your Title Insurance Policy is a legal contract between you and 0 that result in no loss to you
Transnation Title Insurance Company. 0 that first affect your title after the Policy Date- this does not
limit the labor and material lien coverage in Item 8 of
lt applies only to a one-to-four family residential lot or condominium
Covered Title Risks
unit. If your land is not either of these, contact us immediately.
4. Failure to pay value for your title.
5. Lack of a right:
The Policy insures you against certain risks to your land title. These risks 0 to any land outside the area specifically described and re-
are listed on page one of the Policy. The Policy is limited by:
ferred to in Item 3 of Schedule A
a1 Exclusions on page 2
0 Exceptions on Schedule B
or
e in streets, alleys, or waterways that touch your land
o Conditions on page 6
This exclusion does not limit the access coverage in Item 5 of Covered
You should keep the Policy even if you transfer the title to your land.
Title Risks.
If you want to make a claim, see Item 3 under Conditions on page 6.
You do not owe any more premiums for the Policy.
This sheet is not your insurance Policy. It is only a brief outline of some
of the important Policy features. The Policy explains in detail your
rights and obligations and our rights and obligations. Since the Policy -
and not this sheet - is the legal document, YOU SHOULD READ THE
POLICY VERY CAREFULIL Y.
U you h2ve any questions about your Policy, contact:
T.RANSNATION TITLE INSURANCE COMPANY
101 Gateway Centre Parkway
Gateway One
Richmond, Virginia 23235-5153
Issued with Policy No.
SCHEDULE A
Amount $52.000.00 Policy No. 410651
Premium$ Order No.
Date: May 12. 2000 or the date of recording of the instrument(s) creating the
estate or interest insured herein. whichever is later.
INSURED
City of Muskegon. a Municipal Corporation
1. The estate or interest in the land described or referred to in this schedule
covered by this policy is fee simple.
2. Title to the estate or interest covered by this policy at the date hereof is
vested in:
City of Muskegon, a Municipal Corporation
3. The land referred to in this policy is situated in the City of Muskegon,
County of Muskegon, State of Michigan. and is described as follows:
Lots 5 and 6. Block 2 of Young and Williams Addition, as recorded in Liber 3
of Plats. Page 39, Muskegon County Records.
TRANSNATION TITLE INSURANCE COMPANY
Countersigned:
~. d ~
By_ _ _ _ _ _ _ _ _ _ _ _ __
Authorized Officer or Agent
Page 1
f:nrm 11LL1-1h
Policy No. 410651 File No.
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay
costs, attorneys' fees or expenses) which arise by reason of:
1. Rights or claims of parties in possession not shown of record.
2. Un1°ecorded water, mineral and oil rights, unrecorded easements and
claims of easement. boundary line disputes not disclosed of record and
any matters which would be disclosed by an accurate survey and
inspection of the premises.
3. Mechanics· liens not of record.
4. The dower or homestead rights, if any, of the wife of any individual
insured or of any individual shown herein to be a party in interest.
5. Building and use restrictions not appearing in the record chain of
title. but omitting restrictions, if any, based on race, color,
religion or national origin.
mkl
Page 2
Form 1141-17
OWNER'S COVERAGE STATEMENT
Issued By
TRANSNATION TITLE INSURANCE COMPANY
POLICY NUMBER
Transnation
410651
This policy insures your title to the land described in Schedule A - if that land
is a one-to-four family residential lot or condominium unit.
Your insurance, as described in this Coverage Statement, is effective on the
Policy Date shown in Schedule A.
Your insurance is limited by the following:
'k Exclusion on page 2
* Exceptions in Schedule B
'k Conditions on page 6
We insure you against actual loss resulting from:
..,., any title risks covered by this Policy - up to the Policy Amount
and
* any costs, attorneys' fees and expenses_we have to pay under this Policy
COMPANY'S DUTY TO DEFEND AGAINST COURT CASES
We will defend your title in any court case as to that part of the case that is
based on a Covered Title Risk insured against by this Policy.
We will pay the costs, attorneys' fees, and expenses we incur in that defense.
We can end this duty to defend your title by exercising any of our options listed
in Item 4 of the Conditions.
TRANSNATION TITLE INSURANCE COMPANY
Countersigned:
Authorized Officer or Agent
This Policy is not complete without Schedules A and B.
Page 3
1. ll>IEf!NITION§ c. Prosecute or defend a court case related to the claim.
a. IE.msemen!l - the right of someone else to use your land for a d. Pay you the amount required by this Policy.
special purpose. e. Take other action which will protect you.
b. lLimd - the land or condominium unit described in Schedule A L Cancel this Policy by paying the Policy Amount, then in force,
and any improvements on the land which are real property. and only those costs, attorneys' fees and expenses incurred up to
c. Mortgsg~ - a mortgage, deed of trust, trust deed _or other that time which we are obligated to pay.
security instrument. 5. IHIANIIJ)JLIN<G A CILAIIM l[J)JR1 Cl[)lUll.lf CASIE
d. IP'111bUc Records - title records that give constructive notice of You must cooperate with us in handling any daim or court case and
matters affecting your title - according to the state statutes where give us all relevant information.
your land is located. We are required to repay you only for those settlement costs, attor-
e. TitDe - the ownership of your interest in the land, as shown in neys' fees and ex:.penses that we approve in advance.
Schedule A. When we defend your title, we have a right to choose the attorney. We
2. CONUN1UATION l[J)f Cl[J)VIEll.AGIE can appeal any decision to the highest court. We do not have to pay
This Policy protects you as long as you: your claim until your case is finally decided.
0 own your title
6. UMIITAlfii[J)N l[J)f lflH!IE Cl[J)Mlll'ANl/'§ ILIAlll\llLIH'
or a. We will pay up to your actual loss or the Policy Amount in force
(} own a mortgage from anyone who buys your land when th:: claim is made - whichever is less.
or b. If we remove the claim against your title within a reasonable time
0 are liable for any title warranties you make
after receiving notice of it, we will have no further liability for it.
This Policy pr0tects anyone who receives your title because of your If you cannot use any of your land because of a claim against
death. your title, and you rent reasonable substitute land or facilities,
3. 1-mw ro MAKE A CILA[M we will repay you for your actual rent until:
a. You Must Give The Comp.mny Notic€ (J)f Yollir Ch11im 0 the cause of the claim is removed
If anyone claims a right against your insured title, you must notify or
us promptly in writing.
Send the notice to Transnation Title Insurance Company, 101 o we settle your claim
Gateway Centre Parkway, Gateway One, Richmond, Virginia c. The Policy Amount will be reduced by all payments made under
23235-5153. this policy - except for costs, attorneys' fees and expenses.
Please include the Policy number shown in Schedule A, and the d. The Policy Amount will be reduced by any amount we pay to our
county and state where the land is located. insured holder of any mortgage shown in this Policy or a later
Our obli~ation to you could be reduced if:
8 you faJ.1 to give prompt notice mortgage given by you.
e. If you do anything to affect any right of recovery you may have,
and
e your failure affects our ability to dispose of or to defend you
we can subtract from our liability the amount by which you
reduced the value of that right.
against the claim.
b. ll'rooi I])[ Your IL<>ss Musi Ille Give• To The Compooy 7. mANSFEll. l[)f Vl[J)1l.JJR1 ll.H<GIHITS
You must give us a written statement to prove your claim of loss. When we settle a claim, we have all the rights you had against any
This statement must be given to us not later than 90 days after person or property related to the claim. You must transfer these
you know the facts which will let you establish the amount of rights to us when we ask, and you must not do anything to affeci
your loss. these rights. You must let us use your name in enforcing these rights.
The statement must have the following facts: We will not be iiabie to you if we do not pursue these rights or if we do
e the Covered Title Risks which resulted in your loss not recover any amount that might be recoverable.
G the dollar amount of your loss With the money we recover from enforcing these rights, we will pay
0 the method you used to compute the amount of your loss whatever part of your loss we have not paid. We have a right to keep
You may want to provide us with an appraisal of your loss by a what is left.
professional appraiser as a part of your statement of loss. 8. All.11111rn.AlfmN
We may require you to show us your records, checks, letters, If it is permitted in your state. you or the Company may demand
contracts, and other papers which relate to your claim of loss. arbitration.
We may make copies of these papers. The arbitration shall be binding on both you and the Company. The
We may require you to answer questions under oath. arbitration shall decide any matter in dispute between you and the
Our obligation to you could be reduced if you fail or refuse to: Company.
0 provide a statement of loss The arbitration award may:
or "' include attomeys 1 fees if allowed by state law
e answer our questions under oath c be entered as a judgment in the proper court.
or The arbitration shall be under the Title Insurance Arbitration Rules
e show us the papers we requestJ of the American Arbitration Association. You may choose current
and Rules or Rules in eidstenoe on Policy Date.
e your failure or refusal affects our ability to dispose of or to The law used in the arbitration is the law of the place where the
defend you agoinst the cloim property is located.
4. 01UR IC!Hil[J)BICJES WIH!IEN 1/01U Nl[JJl!'llJF1/ 1U§ l[J)l' & ICILAIIM You can get a copy of the Rules from the Company.
After we receive your claim notice or in any other way learn of a
9. 01UR ILl!AlllllLilTI/ I§ ILIIMlflflEI!)) ID TIIIl§ JP'l[J)ILICT
matter for which we are liable, we can do one or more of the
This Policy, pius any endorsements, is the entire contract between
following: you and the Company. Any claim you make against us must be made
n. Poy the cloim against your title.
under this IP\llicy and is subject to its terms.
b. Negotiate a settlement.
ALTA Residential Tltie Insurance Polley (6-1-87)
Cover Page
B 1086-76 Paae 6 Va.lid only if §d1eduies A and lEl are i,ttached.
TRANSNATION TITLE INSURANCE COMPANY
Date: May 12, 2000
Escrow Nwnber: 410651
Property Address: 2013 \.Jaalkes
Muskegon, Michigan 49441
P U R CHASER' s STATEMEN
DEBIT CREDIT
Purchaser Price I• 52,000.00 I•
I I
I I
I I
I I
Rent Adjustment I I
CLOSHIG FEES I 150.00 I
O\JNERS PREMIUM I 312.00 I
Recording Fees I 10.00 I
Sub Total I• 52,472.00 I•
Due from Purchaser I I• 52,472.00
TOTALS $ 52 472.00 $ 52 472.00
**********************************************************************************************************************************
The undersigned Purchasers acknowledge Receipt of a copy of
this statement and agree to the correctness thereof, and
authorizes and ratifies the disbursement of the funds as stated
therein.
Purchaser(s) Si gnature(s):
Hale, Assistant Planner
WARRANTY DEED
STATUTORY FORM FOR INDIVIDUALS 410651
Form No. M-960
KNOW ALL MEN BY THESE PRESENTS: That Michael J. Rasmussen and Carol J.
Rasmussen, husband and wife
whose street number and post office address is 2013 Waalkes
Muskegon, Michigan 49441
Convey and Warrant to City of Muskegon, a Municipal Corporation
whose street number and post office address is 933 Terrace
Muskegon, MI 49440
the following described premises situated in the City of Muskegon County of Muskegon and
State of Michigan, to-wit:
Lots 5 and 6, Block 2 of Young and Williams Addition, as recorded in Liber 3 of
Plats, Page 39, Muskegon County Records.
61-24-895-002-0005-00
More commonly known as: 2013 Waalkes, Muskegon, Michigan 49441
AFFIX REVENUE STAMPS AFTER RECORDING
for the sum of ONE AND 00/100, (***$1.00*) Dollars
subject to easements, use, building and other restrictions of record, if any;
Dated this 12th day of May, 2000
presence of Signed and Sealed:
M?!f;:-:!R~~~~
C.o, n0
Carol J.
4 fy
R a ~ sen
'> .-,.,, , ~
.
s<> r::--
STATE OF MICHIGAN }
} sa,
COUNTY OF Muskegon }
The foregoing instrument was acknowledged before me this 12th day of May, 2000
by Michael J. Rasmussen and Carol J. Rasmussen, hJt?o/'.us. d a n ~ ~
MARI K. LARSON
Notary Public. Muskegon County, Ml
IL-f06tz+-~
My Commission exMyr©ammission..Explres..&-1~ Notary Public, _________ County, Michigan
County Treasurer's Certificate City Treasurer's Certificate
After recording return to: Drafted By:
City of Muskegon Michael J. Rasmussen
933 Terrace 2013 Waalkes
Muskegon, MI 49440 Muskegon, MI 49441
Michigan Department of Treasury
L-4258 IRev. 91941
REAL ESTATE TRANSFER TAX VALUATION AFFIDAVIT
This form is issued under authority of P.A. 134 of 1966 and 330 of 1993 as amended.
This form must be filed when you choose not to enter the amount paid for real estate on the
deed. It is required whether the transfer is taxable or not. It is not necessary when the amount
paid is entered on the deed. This form must be completed and signed by either the seller or
his/her authorized agent.
I I. County I 12. City or Township
I Muskegon I I Muskegon
[3. Seller·s Name and Mailing Address I [4. Purchaser's Name and Mailing Address
I Michael J. Rasmussen I I City of Muskegon
I Carol J. Rasmussen I I
I 2013 ~/aa 1kes I I 933 Terrace
I Muskegon. Michigan 49441 I I Muskegon. MI 49440
[5. Type and Date of Document I Is. Cash Payment I I7. Amount of County Tax
I I I I I $57. 20
I Land Contract Date: I
I I 1s. Amount of Mortgage/Land Contract I [9. Amount of State Tax
I 2-- Deed Date: 05/12/00 I I I I $390. 00
110. lf consideration is less than market value. I !11. Total Consideration(add lines 6&8) l j12. Total Revenue Stamps
I state market value I I 1s2.ooo.oo I I 1441.20
13. Legal Description of Real Estate Transferred:
Lots 5 and 6. Block 2 of Young and Williams Addition. as recorded in Liber 3 of Plats, Page 39. Muskegon County Records.
State of Michigan
}ss.
County of Muskegon }
I certify that the information above is true and complete to the best of my knowledge and
that the value stated is the full market value of the property.
Dated this 12th day of May. 2000 Signed:
Subscribed and s1~orn to before me this 12th day of May, 2000
fiz{{i(~
Notary Public
MARI K. LARSON
Notary Public, Muskegon Counly, Ml
M::-,-,c-0-""-ci-s-s1c-0-0 ccE-,,--,,-----.,M"'yn-e'-0~1m11mission Expires 8-13-02
1 5
ACKNOWLEDGEMENT OF HOMESTEAD EXEMPTION AFFIDAVIT
AND REQUEST TO RESCIND/WITHDRAW HOMESTEAD EXEMPTION
AND PROPERTY TRANSFER AFFIDAVIT
FILE# 410651
DATE: May 12th 2000
The undersigned acknowledges receipt of the Property Transfer Affidavit
form {Michigan Department of Treasury form No. L-4260) as same is
requiied-by Public Act 415 of 1994 which imposes obligations on
purchasers/transferees to file said form within 45 days of the date of
transfer. The undersigned further acknowledges that Transnation Title
Insurance Company is under no obligation to provide said form but does so
as an accommodation to the undersigned. The undersigned assume(s) all
liability relative to compliance with the Act and, accordingly, holds the
Company harmless from and against any liability relative thereto.
Please check one of the following:
The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned request that the Company mail the form by first
class mail and acknowledges that the Company shall not be liable in
the event that any of the information provided on said form is
inaccurate or incomplete, or in the event said form is not received
or properly P!ocessed by the lOcal tax collecting unit.
The undersigned acknowledges receipt of the Homestead Exemption Affidavit
form {Michig·an Department of Treasury Form No. 236_8) as same is required
by Public Act 415 of 1994 which imposes obligations on purchasers/
transferees to file said form within 45 days of the date of transfer.
The undersigned further acknowledges that Transnation Title Insurance
Company is under no obligation to provide said form but does so as an
accommodation to the undersigned. The undersigned assume{s) all
liability relative to compliance with the Act and, accordingly, holds the
Company harmless from and against any liability relative thereto.
Please check one of the following:
✓
7\ The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned request that the Company mail the form by first
class mail. and acknowledges th~t the Company shall not be liable in
the event that any of the information provided on said form is
inaccurate or incomplete, or in the event said form is not received
or properly processed by the local tax collecting unit.
PURCHASER (S) ,
City of Muskegon
-<
0
C
:I
co
~
~
I T,T St I
11 I I I 2°;3
1 I
Waalkes St.
Park St.
'lS UOSI!
Date: May 9, 2000
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Change Order on Ellifson, Mulder to Getty
SUMMARY OF REQUEST:
It is requested that you authorize the city manager to approve the attached change order
on Ellifson between Mulder and Getty. Your authorization is requested since the C.O.
amount of $11,410 is over 20% of the project cost that staff is authorized to approve.
The Change Order was, for the most part, necessary to cover the costs associated with
replacing 11-galvenised water services with copper ones. The galvanized services were
discovered while installing the storm sewer.
FINANCIAL IMPACT:
The value of the change order of $11,410 plus the engineering cost.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve the change order.
COMMITTEE RECOMMENDATION:
CONTRACTOR
CITY OF MUSKEGON "'"'
..._
CONTRACTOR JACKSON-MERKEY CONTRACTORS, JNC SHEET NO. I OF 1 SHEETS
ADDRESS 555 E. WESTERN H-1036
- -
MUSKEGON, MICHIGAN 49442 ELLIFSON AVENUE, MULDER TO GETTY CHANGE ORDER NO, I
ITEM OF w::>RK QUANTITY QUANTITY QUANTITY QUANTITY U~T
DESCRIPTION, REASON, LOCATION UNIT PROPOSAL AS BUILT INCREASE• OECREASE• COST lNCREASE DECREASE
, TO FURNISH ALL LABOR, EQUIPMENT AND MATERIAL TO RELOCATE 72 L FT, CHAIN LINK FENCE
FROM STA. 3+53 LT TO 4•25 LT O 750 ELUFS0N. THE FENCE WAS TOO CLOSE TO THE PROPOSED L.FT. 0 n
ROADWAY ANO REQUIRED RELOCATION. " $1.50 $5"0.00
TO FURNISH ALL LABOR, EQUIPMENT AND MATERIAL TO PLACE 31 L. FT. TRENCH REPAIR LOCAL
STREET TYPE Ill. DUE TO GRolDE ANO ALIGNMENT CONFLICT, Tl-IE CONTRACTOR WAS REQtJ!RED TO
2 CONNECT THE NEW STORM TO AN EXISTING STORM MANHOLE IN THE PAVED INTERSECTION OF LFT. 0
ELLIFSON ANO MtJLOER. nus TRENCH REPAIR INCLUDES SAW CUTTING, PAVEMENT REMOVAL, 47 28
S.YD. AGGREGATE BASE 3.90 TON BITUMINOUS LEVEUNG 38 ANO 3.90 TON BITUMINOUS TOP 4B.
" " SJ.6.75 $1,139.2$
TO FURNISH ALL LABOR, EQUIPMENT ANO MATERIALS TO Pt.A.CE 11 CORPORATION STOPS FOR
,, ,,
' WATER SERVICE REPLACEMENTS. THE EXISTING WATER SERVICES ON ELUFSON AVE. WERE
DETERIORATED GALVANIZED PIPES AND REQUIRED REPLACEMENT BEFORE THE ROAO WAS PAVED,
SAOH 0 1230.00 12.SJ.O.OO
TO FURNISH "1.L I..A80R, EQUIPMENT AND MATERIALS TO PLACE !l CUR8 STOPS FOR WATER
• SERVICE REPLACEMENTS. THE EXISTING WATER SERVICES ON ELUFSON AVE. WERE DETERIORATED
GALVANIZED PIPES ANO REQUIRED REPLACEMENT BEFORE THE ROAO WAS PAVED.
SAOH 0
' ' s22s.oo $2,025.00
TO FURNISH ALL LABOR, EQUIPMENT ANO MATERIALS TO PLACE 2 METER PITS, COMPLETE FOR
' WATER SERVICE REPLACEMENTS. THE EXISTING WATER SERVICES ON ELllFSON AVE. WERE
DETERIORATED GALVANIZED PIP!:$ ANO REQUIRED REPLACEMENT BEFORE T1iE ROAD WAS PAVED.
SAOH 0 2
' .....00 $1,370.00
TO FllRNISHAU. LABOR, EQUIPMENT ANO MATERIALS TO PtACE 213 L. FT. WATER SERVICE, 1"TYPE
K COPPER FOR WATER SERVICE REPLACEMENTS. THE EXISTING WATER SERVICES ON ELLIFSON
' AVE. WERE DETERIORATED GALVANIZED PIPES AND REQUIREO REPtACEMENT BEFORE THE ROAD
WAS PAVED,
LFT. 0
"' "' $17.75 $3,780.75
TO FURNISH AU. LABOR, EOtJ!PMENT AND MATERIALS TO REPAIR AN EXISTING SANITARY SEWER
' SERVICE THAT WAS BROKEN 'M-!tLE SETTING A NEW CATCH BASIN AT STA. 2+35 RT. THE SERVICE
WAS NOT MARKED OR SHO'M,1 ON THE PLAN.
LUMP
"
, , $190.00 $190.00
TO FURMSH ALL LABOR, EQUIPMENT ANO MATERIALS TO ABANDON WATER SERVICE. THESE
• SERVICES WERE LOCATED AT STA. 1•17 RT ANO 6•25 RT AND WERE NO LONGER NEEDED. THE
w::>RK INCLIJOE0 EXCAVATING THE SERVICE ANO DISCONNECTING IT FROM THE EXISTING SAOH 0 2 2 $165.00 S3l0.00
WATERMAIN ANO REMOVING THE EXISTING CURB STOP OR METER PIT AT THE PROPERTY LINE.
TO FURNISH ALL LABOR, EQtJ!PMENT FOR EXPLORATORY WORK. THE CONTRACTOR WAS ORDERED
' TO ATTEMPT TO LOCATE TWO EXISTING WATER SERVICES ON ELUFSON THAT THE CITY COULD NOT
LOCATE.
LUMP 0 , , S90.00 $90.00
,0 TO FURNISH ALL LABOR, EQUIPMENT ANO MATERIAL TO AOJUSTWATER VALVE BOX 'M-!ICH WAS
LOCATED AT STA. 2•n LT. ITWAS NOT SHO'MII ON THE PLAN ANO REQUIRED ADJUSTMENT SAOH 0 , , $310.00 S310.00
,, THIS ITEM COVERS FOR REIMBURSEMENT FOR WATER SERVICE MATERIALS SUPPLIED BY THE CITY. LUMP 0 ., ., ....... S0.00 '895.00
TOTALS $12,305.00 $895.00
NET+f. $11,410.00
and 1tl• Contno<:t Time I& not ch•ngod.
1. 11w afD.ws1•.1looMd..hangn,.,dwork•tlecfflllheret.y,- CONTRACTOR APPROVAL CITY OF MUSKEGON APPROVAL
~ l o .. connctdpuldonl -,doovenants.
2. The Rlghb ol lhll City of MusklJQOll ae not pr.judced.
3. All dalrra ~ . , _ City ofMulit"QOII which .... lncldentl.l to
Of • 1 a .......-q.iffle9 of1ht. 1fon.mmt110<1od dl1ng,e M11 •• tided. AUTHORIZED REPRESENTATIVE ANO DATE AUTHORIZED REPRESENTATIVE ANO DATE
PROCEED ORDER ISSUED DATE PRINTED NAME ANO TITLE PRINTED NAME ANO TITLE
PROCEED ORDER NECESSARY
ol, /.
Y,E~-
; PREPAREDf!'f
CITY OF MUSKEGON PROJECT MJl,rnER SHEET NO I
DEPARTMENT OF ENGINEERING l{.1034 20~;703,4.~ OF I SHEETS
CONSTRUCTION ESTIMATE
CONTRACT DA TE 7,20-9') COW'lETION CA TE 10-IS.W ESTIMATE N 2FINAI..
CONTRACTOR JACKSON-MERKEY CONTRACTORS TJTlE. ELUFSON, MULDER TO GETTY
'° '"""' 'DATE•
ADDRESS 555 E vVESTERN COHTRACT PRICE S51,12U5
MUSKEGON, MICHIGAN 49442 DATE STAR .,.,,,, DATE COMf>LETED M/1000
ORIGINAL
Q"""'"' """ •
ITEMOFVIORK UNIT QUANTITY TO DATE PRICE AMOW,
'"'"
' ADJUSTING MANHOLE CASTING ..,,,,. ,..
' AGGREGATE SASE COURSE. 22A. IS"C IP
AGGREGATE BASE COURSE. 22A. M3 NEEDED
"'"
S.YO
""
' 1111
' $-415.00
$4.75 $5 277 2S .
'
• '"" " '" S72.00 11,ia r•
"
'
8ITUMINOUS LEVELING COURSE MIXTURE 38 - 1551/SYO
BITUMINOUS TOP COURSE MIXTIJRE. • B ft 18SIJSYD '""
'""
""
'"'
112.,43
'"' .....
152.00 15.8..ctl.lll
S-C.8015(1
'"
..
,"
' CATCH BASIN CASTING E J "1045 OREO.
"''" ' ' S510 00 $510.00
,
' CATCH BAS!N STANDARD
"''" ' ' Sl,520.00 St,52000
• CONCRETE APPROACH. STD
• SYD.
" "·" "'"' SU37.t8
"
' CONCRETE CURB ANO GUTTER, STANDARD. 0€TAIL 3
"" 1184 1171 U.75 $10,2~25
"
'" CONCRETE SIDEWALK.••
"' ' <> S2.75
""' <>
" CONCRETE SIDEWALK. 6" HT
" "'"' '"" "43,0II
"'
"n EXCAVATION
MANHOlE CASTING EAST JORDAN 11000 OR EOUAl
C. YO
"' "'3 S1UO "4.in2.40
'"'
MANHOlE STANDARD, 4" IO. ct TO 10' DEEP
""" ' t-450,00 Sl.350.00
""
" """ ' ' $1.635.00 $1,635.00
'"'
" PREPAAEO SOIL & SEED. Cl.ASS A S. YD
'"' •M.69 SHO $1.362.73
"
" REMOVING CONCRETE APPROACH S. YO
" '" $20.00 $186.40
"
" REMOVING CONCRETE SIDEWALK $.H
' 2.70 $2,50 $6.75
"
" REMOVING PAVEMENT INCLUDING C & G
'" " 7.73 S1900 S1•6.&T
"
" REMOVING meE 6" TO 17"
""" ' ' $190,00 $19000
'"'
"' REMOVING TREE 13"' TO 24.
REMOVING TREE 25" TO 36"
"'" ' ' $330 00 $0.00 <>
" "'" m
' 3 $525.00 $1.575.00 300
" STORM SEWER. 12' C76 CLASS V LH 207.5 S24.00 t-49&0.00
"'
" TRAFFIC CONTROL
I- I. ITEM NO. 1- RELOCATE FENCE
LUMP
' ' $3,445.00 $3.445.00
'"'
" SEE C 0. Lff
' " $7.50 Ss-40.00
'"'
" SEE C.O. I 1. ITEM NO. 2· TRENCH REPAIR LOCAL STREET TYPE 111
SEE C.O. 11, !TEM NO. 3-- CORPORATION STOP, 1 •
LH <>
" $36.75 $1. 139.25
'"'
" "'" ' " S230.00 $2.530.00
'"'
" SEE C.0. #1, ITEM NO. 4. CURB STOP. 1 •
SEE C.O. #1, ITEM NO 5-- METER PIT. COMPLETE
""" <>
' $225.00 $2 025.00
'"'
" "'" <>
' 1685.00 $1,370,00
'"'
" SEE C.0. #1, ITEM NO. $.WATER SERVICE. 1 "TYPE K COPPER LH <> 213 0 $17.75 $3.7&0.75
'"'
" SEE C 0. #1. ITEM NO. J. REPAIR SANITARY SEWER SERVICE LUMP <>
'' $190.00 $190.00
'"'
" see c.o. #1, ITEM NO. 8- ARA.NOON WATl:R SERVICE
"'" <>
'
$18500 $330 00
'"'
" SEE C 0. #1, ITEM NO. 9- EXPlORATORY WORK LUMP <>
'"' $90,00 $90,00
'"'
"
~
SEEC O #1, ITEM NO. 10--Af)JUSTWATERVALVE BOX
SEE CO #1. !TeM NO. 11· REIMBURSEMENT FOR CITY MATERIALS
"'"
LUMF>
<>
.,'
1310,00
$895 00
1310,00
'$895,00'
'"'
<>
'"'
PREVIOUS ESTIMATES AUTHORIZED TOTAL AMOUNT EARNED $&2,326.60
CONSTRUCTION ESTIMATE NUMBER
""'
.,.,,
AMOUNT
' t-49.898 27 AMOUNT RESERVED
" $0.00
GROSS ESTIMATE $62-326.M
LESS TOTAl DEOUCT!ONS
TOTAL AMOUNT AlLO'WED $62,326 !IO
LESS PREVIOUS ESTIMATES $-49,898 27
AMOUNT DUE CONTRACTOR $12.425 JJ
CONTRACTOR APPROVAL K..
PROJECT'eNGINEER
✓
. II. p ,
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I
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SIGNATURE
""' AVTHOAIZED REPRESENTATIVE
""'
PRINTED NAME & TITLE
CITY MANAGER
""'
Date May 2, 2000
To: Honorable Mayor and City Commission:
From: Wilmern G. Griffin Community and Neighborhood Services Director (;) • G·
Re: Selection of Paint Contractors for Annual Paint Program
Summary of Request: The Community and Neighborhood Services Department solicited
qualification for painting contractors to paint low income residents owner-occupied
homes through the City's Annual Paint program. A total of three (3) contractors returned
the requested information, the contractors were.
1. Ted Hill
2. Orlando Brown (MBE)
3. Dennis West (MBE)
The staff of the Community and Neighborhood Services Department would like to
recommend that all three (3) contractors be selected for this years paint program. The
reasoning for the recommendation is that more low-income families can be assisted with
three different crews working. Secondly with three crews the program should be
completed before September 15, 2000, which is the dated that HUD's new Lead Based
Paint Abatement requirements are to start. Which will probably significantly increase the
cost of painting resident's homes. Lastly by using all three contractors the City will
increase the number of minority and female contractors that it is using in its programs.
Which is an issue that HUD is very concern about in regards to the City of Muskegon
housing programs.
2000
PAINT PROGRAM
COMPENSATION
HOUSE
TRIM
SINGLE STORY $370.00
STORY AND ONE-HALF $490.00
RANCH $490.00
TWO STORY $620.00
COMPLETE
SINGLE STORY $735.00
STORY AND ONE-HALF $980.00
RANCH $980.00
TWO STORY $1,245.00
TWO AND ONE-HALF STORY $1,675.00
GARAGE
TRIM
DETACHED GARAGE $100.00
COMPLETE
DETACHED GARAGE $185.00
(ONE STALL)
DETACHED GARAGE $220.00
(TWO STALL)
SHED $100.00
CONTRACT FOR LABOR
BETWEEN THE CITY OF MUSKEGON DEPARTMENT OF
COMMUNITY & NEIGHBORHOOD SERVICES
And
TEDE.HILL
THIS CONTRACT entered into as of the l.'.'.._day of June, 2000 by and between the CITY OF
MUSKEGON, DEPARTMENT OF COMMUNITY & NEIGHBORHOOD SERVICES hereinafter
referred to as the 11 City", and Orlando Brown, hereinafter referred to as 11 Contractor 11 ,
WITNESSETH:
WHEREAS, the City is authorized to undertake certain activities in the provision of assistance
through its Community Development Block Grant program, as funded by the U.S. Department of Housing
and Urban Development;
WHEREAS, the City uses a portion of its CDBG funds to operate a Summer Paint Program to
assist low-income City residents with home improvements; and
WHEREAS, the City desires to engage the Contractor to provide labor for the City's Paint
Assistance Program,;
NOW THEREFORE, the parties hereto do mutually agree as follows:
SECTION 1: CONTRACT DOCUMENTS
The contract documents consist of this Contract, a Contractor Application contained in Appendix A, and a
Contract Budget contained in Appendix B. The information contained in Appendices A and B, as stated
and incorporated by reference shall be considered fully a part of this Contract and shall be fully binding
upon the City and the Contractor, for purposes of this Contract.
SECTION 2: SCOPE OF SERVICE
The Contractor shall provide sufficient labor necessary for the painting of structures identified by the City.
Specific activities will include, but not be limited to, scraping, caulking, application of primer and
application of paint. The City will give the Contractor written notice of each property to be painted under
this Contract. The City reserves the right to limit the number of properties painted by a single contractm,
and to regulate the number of properties that any contractor is painting at one time. The Contractor shall
do, perform and carry out this scope of work in a satisfactory and proper manner, as determined by the
City, to accomplish the objectives defmed herein.
SECTION 3: TIME OF PERFORMANCE
The services of the Contractor are to commence upon June l, 2000 and shall continue until completion of
the City's 2000 Summer Paint Program, as proposed, ending no later than September 15, 2000.
SECTION 4:COMPENSA TION
The City shall compensate the Contractor for services provided in strict accordance with the Budge in
Appendix B. Requests for budget revisions or change orders are subject to the review of the City. In no
case shall payment for services provided under this Contract exceed budget amounts without prior written
City approval.
Payments shall be made by presentation of proper invoices and documentation to support all costs billed.
Requests for payment should be submitted weekly and should be itemized according to the address of each
property where service was provided. Payment shall only be made for properties that have been completed
by the Contractor and approved by City Inspectors.
All payments under this Contract shall be made according to the regular City of Muskegon, Michigan bi- ,
weekly payment schedule. Payments to be made on the second (2"') and fourth (4'') Friday of the month.
Payment requests shall be processed according to the date and time the request is received by the
Department of Neighborhood and Construction Services.
The Contractor will be paid, reimbursed, or otherwise compensated solely with funds provided by the U.S.
Department of Housing and Urban Development. The Contractor expressly understands and agrees that all
rights, demands and claims to compensation arising under this Contract shall be conditioned and contingent
upon receipt of such funds by the City of Muskegon. In the event that such funds are not received by the
City for any reason, the Contractor expressly agrees and covenants to hold and save harmless the City or its
agents or employees from any costs, expenses, liabilities, or obligations arising from the claims or any
person or persons for any cost they have incurred or claim to have incurred by reason of subcontract or
subagreement with the Contractor.
SECTION 5: NON-DISCRIMINATION/EQUAL OPPORTUNITY
A. Nondiscrimination in the Provision of Services
The Contractor agrees that no person shall, on the grounds of race, religion, color, national origin,
sex, age, handicapped condition, ancestry, family status or veterans status be excluded from
participation in, denied commodities/services herein. The Contractor shall comply with all
existing Federal, State, and local laws, rules and regulations regarding equal opportunity and
nondiscrimination, affinnative action procedures, fair housing, and laws, rules and regulations
regarding the prescribed use of CDBG funds.
B. Nondiscrimination in Employment
The Contractor agrees to not discriminate against any employee or applicant for employment
because of race, religion, color, sex, age, handicapped condition, national origin, ancestry,
veterans status, or family status. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to
their race, religion, color, sex, age, handicapped condition, national origin, ancestry, veterans
status, or family status. Such action shall include, but not be limited to, the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
SECTION 6: WORKFORCE ANALYSIS AND SUBCONTRACTS
Prior to perfonning any services under this Contract, the Contractor shall provide a written list of all
laborers who will be involved in the performance of this Contact to the City. Any changes to this
workforce analysis must be submitted to the City in writing, prior to the change taking place. Violations of
this provision may result in the City's issuance of a Stop Work Order or termination of the Contract.
The Contractor shall not enter into any agreement, written or oral, with any subcontractor or permit any
subcontractor to perform any work covered by this Contract until the Contractor has requested and received
written approval of such agreement from the City.
The Contractor shall insure that all subcontracts let in the performance of this Contract shall be awarded on
a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the City along
with documentation of the selection process.
The Contractor shall include all of the provisions of this Contract to be included in, and made a part of, any
subcontract executed in the performance of this Contract.
The Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and
of persons either directly or indirectly employed by the subcontractors, as the Contractor is for the acts and
omissions of persons directly employed by the Contractor.
SECTION 7: INSURANCE AND INDEMNIFICATION
A. Within seven (7) days of receiving notification of Contract award from the City, the Contractor
will submit to the City a Certificate of Insurance certifying that for the period covered by this
Contract, the Contractor carries:
a. Worker's compensation insurance including Employer's Liability Coverage in accordance
all applicable statntes of the State of Michigan.
b. General Liability insurance, including a Broad Form General Liability Endorsement or
Equivalent, with minimum aggregate limits of$ I 00,000 to protect the Contractor against
claims for damage to property of others or for injury to or death of one or more than one
person due to accidents which may occur or result from the Contractor's performance
under this Contract.
c. Property Liability insurance, with minimum aggregate limits of$50,000.
d. Any and all additional insurance required by the laws of the State of Michigan
B. The insurance certificates required under this Contract shall name the City as an additional insured
Party and shall obligate the insurer to provide a defense against all claims brought against the City
by virtue of this Contact. Documentation shall include evidence of coverage as it applies to the
specific delivery of services as outlined by the Contract herein. The certificate shall provide that
they cannot be canceled or modified without fifteen (15) days advance written notice to the City
by the insurance company.
Should the insurer as required by this Section refuse to provide the City with a defense then the
contractor at its own expense shall provide the City with a defense.
C. The Contractor shall also certify that any subcontractors under this Contract meet the insurance
requirements as provided in this Section. The City reserves the right to require insuranc
documentation from all subcontractors under this Contract.
D. The City and Contractor acknowledge that the Contractor is an independent contractor in all of the
Contractor's activities and that in the course of such activities, at no time do the Contractor, its
officers, directors (trustees), members, employees, volunteers, or other persons acting on behalf of
Contractor become the agents of the City for any purpose, and at no time shall the City become
liable in any manner whatever for any of the actions or activities of the Contractor, its officers,
directors (trnstees), members, employees, volunteers, or other persons acting on behalf of the
Contractor.
E. In the event any person shall undertake to hold the City liable for any conduct or activities of the
Contractor, its officers, directors (trustees), members, employees, volunteers, or other person
acting on behalf of the Contractor, the Contractor expressly agrees to hold the City harmless of
and from any such liability in respect to bodily or personal injury, death, and property damage
arising from acts or omissions, or violations of civil rights or discrimination laws, state or federal.
F. Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating
or establishing the relationship of employer/employee between the City and the Contractor. The
City shall be exempt from payment of all employee benefits including Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensatiou
Insurance on behalf of the Contractor. If any portion of the Contractor's CDBG allocation under
this Contract is used to pay employee benefit costs, the Contractor is still wholly responsible for
payment of these costs and settlement of any claims resulting from its actions.
G. The Contractor shall comply with the provisions of the contract agreement, and likewise agree to
hold and save the City, its officers, agents and employees harmless from liability of any nature or
kind including costs and expenses for, or on account of, any or all suits for damages sustained by
any persons or property resulting in whole or in part from the negligent performance or omission
of any employee, agent or representative of the Contractor.
SECTION 8: CONTRACT DURATION AND TERMINATION PROVISION
A. This Contract shall become effective June I, 2000. This Contract shall be in effect for three and
one-half (3 1/2) consecutive months from the effective date unless terminated according to the
provisions of this Section.
B. This Contract may be terminated by the City for failure of the Contractor to comply with the tenns
of the Contract upon fifteen (15) days written notice to the Contractor.
C. If the Contractor shall fail, refuse or neglect to comply with the provisions of Section 5: Non-
discrimination/equal Opportunity, such failure shall be deemed a total breach of the contract and
such contract may be terminated, canceled or suspended, in whole or in part, and the Contractor
may be declared ineligible for any further City contracts for a period of up to one year. In
addition, the Contractor may be declared ineligible for further U.S. govermnent contracts.
D. This Contract may be terminated for convenience by either party, in accordance with 24 CFR
85.44, at any time upon thirty (30) days written notice to the other party.
E. If the Contract is terminated, canceled or suspended according to the provisions of this Section,
the Contractor shall have no claims for damages against the City on account of cancellation or
suspension or declaration of ineligibility.
SECTION 9: MODIFICATION AND RENEGOTIATION
A. This contract will be subject to modification and/or renegotiation to conform with any changes
caused by amendments or revisions in Federal Jaws and regulations. This Contract may also be
modified to reflect changes in funding amounts or other grant conditions related to the use of U.S.
Department of Housing and Urban Development funds.
B. The City or the Contractor may amend this Contract at any time provided that such amendments
make specific reference to this Contract and are executed in writing, signed by a duly authorized
representative of both organizations, and approved by the City of Muskegon. Such amendments
shall not invalidate this Contract, nor relieve or release the City or the Contractor from its
obligations under this Contract.
SECTION 10: ALL TERMS AND CONDITIONS ARE INCLUDED IN CONTRACT
This Contract contains all the terms and conditions agreed upon by the parties. All items incorporated by
reference, including Appendices A and B, and referenced federal regulations, are made wholly a part of this
Contract as if incorporated berein. No other understandings, oral or otherwise, regarding the subject matter
of this Contract shall be deemed to exist or to bind any of the parties hereto.
IN WITNESS WHEREOF, the parties hereto and hereinafter set their hands and seals on the day and year
hereinabove written.
CITY OF MUSKEGON, MICHIGAN CONTRACTOR
BY: BY:
I
TedE.itrfi
oJJcHlJQ
;v(/}jl,j ; ( / ~
ATTEST: WITNESS/ ~ v , /
Ardyce G. Haken
Housing Rehabilitation Specialist
3')~1~~(
FederaTax~elP
APPENDIX A: CONTRACTOR'S APPLICATION FOR PARTICIPATION
2000
PAINT PROGRAM
COMPENSATION
HOUSE
TRIM
SINGLE STORY $370.00
STORY AND ONE-HALF $490.00
RANCH $490.00
TWO STORY $620.00
COMPLETE
SINGLE STORY $735.00
STORY AND ONE-HALF $980.00
RANCH $980.00
TWO STORY $1,245.00
TWO AND ONE-HALF STORY $1,675.00
GARAGE
TRIM
DETACHED GARAGE $100.00
COMPLETE
DETACHED GARAGE $185.00
(ONE STALL)
DETACHED GARAGE $220.00
(TWO STALL)
SHED $100.00
CONTRACT FOR LABOR
BETWEEN THE CITY OF MUSKEGON DEPARTMENT OF
COMMUNITY & NEIGHBORHOOD SERVICES
And
ORLANDO BROWN
TIDS CONTRACT entered into as of the !'.'....day of June, 2000 by and between the CITY OF
MUSKEGON, DEPARTMENT OF COMMUNITY & NEIGHBORHOOD SERVICES hereinafter
referred to as the 11 City 11 , and Orlando Brown, hereinafter refen-ed to as "Contractor 11,
WITNESSETH:
WHEREAS, the City is authorized to undertake certain activities in the provision of assistance
through its Community Development Block Grant program, as funded by the U.S. Department of Housing
and Urban Development;
WHEREAS, the City uses a pmtion of its CDBG funds to operate a Summer Paint Program to
assist low-income City residents with home improvements; and
WHEREAS, the City desires to engage the Contractor to provide labor for the City's Paint
Assistance Program,;
NOW THEREFORE, the patties hereto do mutually agree as follows:
SECTION 1: CONTRACT DOCUMENTS
The contract documents consist of this Contract, a Contractor Application contained in Appendix A, and a
Contract Budget contained in Appendix B. The infonnation contained in Appendices A and B, as stated
and incorporated by reference shall be considered fully a part of this Contract and shall be fully binding
upon the City and the Contractor, for purposes of this Contract.
SECTION 2: SCOPE OF SERVICE
The Contractor shall provide sufficient labor necessary for the painting of structures identified by the City.
Specific activities will include, but not be limited to, scraping, caulking, application of primer and
application of paint. The City will give the Contractor written notice of each property to be painted under
this Contract. The City reserves the right to limit the number of properties painted by a single contractor,
and to regulate the number of properties that any contractor is painting at one time. The Contractor shall
do, perfonn and carry out this scope of work in a satisfactory and proper manner, as detennined by the
City, to accomplish the objectives defined herein.
SECTION 3: TIME OF PERFORMANCE
The services of the Contractor are to commence upon June I, 2000 and shall continue until completion of
the City's 2000 Summer Paint Program, as proposed, ending no later than September 15, 2000.
SECTION 4:COMPENSATION
The City shall compensate the Contractor for services provided in strict accordance with the Budge in
Appendix B. Requests for budget revisions or change orders are subject to the review of the City. In no
case shall payment for services provided under this Contract exceed budget amounts without prior written
City approval.
Payments shall be made by presentation of proper invoices and documentation to support all costs billed.
Requests for payment should be submitted weekly and should be itemized according to the address of each
property where service was provided. Payment shall only be made for prope1ties that have been completed
by the Contractor and approved by City Inspectors.
All payments under this Contract shall be made according to the regular City of Muskegon, Michigan bi-
weekly payment schedule. Payments to be made on the second (2nd) and fourth (4 th) Friday of the month.
Payment requests shall be processed according to the date and time the request is received by the
Department of Neighborhood and Construction Services.
The Contractor will be paid, reimbursed, or otherwise compensated solely with funds provided by the U.S.
Department of Housing and Urban Development. The Contractor expressly understands and agrees that all
rights, demands and claims to compensation arising under this Contract shall be conditioned and contingent
upon receipt of such funds by the City of Muskegon. In the event that such funds are not received by the
City for any reason, the Contractor expressly agrees and covenants to hold and save harmless the City or its
agents or employees from any costs, expenses, liabilities, or obligations arising from the claims or any
person or persons for any cost they have incurred or claim to have inctmed by reason of subcontract or
subagreement with the Contractor.
SECTION 5: NON-DISCRIMINATION/EQUAL OPPORTUNITY
A. Nondiscrimination in the Provision of Services
The Contractor agrees that no person shall, on the grounds of race, religion, color, national origin,
sex, age, handicapped condition, ancestry, family status or veterans status be excluded from
participation in, denied commodities/services herein. The Contractor shall comply with all
existing Federal, State, and local laws, rules and regulations regarding equal opportunity and
nondiscrimination, affirmative action procedures, fair housing, and laws, rules and regulations
regarding the prescribed use of CDBG funds.
B. Nondiscrimination in Employment
The Contractor agrees to not discriminate against any employee or applicant for employment
because of race, religion, color, sex, age, handicapped condition, national origin, ancestry,
veterans status, or family status. The Contractor will take affumative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to
their race, religion, color, sex, age, handicapped condition, national origin, ancestry, veterans
status, or family status. Such action shall include, but not be limited to, the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
SECTION 6: WORKFORCE ANALYSIS AND SUBCONTRACTS
Prior to performing any services under this Contract, the Contractor shall provide a written list of all
laborers who will be involved in the performance of this Contact to the City. Any changes to this
workforce analysis must be submitted to the City in writing, prior to the change taking place. Violations of
this provision may result in the City's issuance ofa Stop Work Order or termination of the Contract.
The Contractor shall not enter into any agreement, written or oral, with any subconttactor or permit any
subcontractor to perform any work covered by this Contract until the Contractor has requested and received
written approval of such agreement from the City.
The Conn·actor shall insure that all subcontracts let in the performance of this Contract shall be awarded on
a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the City along
with documentation of the selection process.
The Contractor shall include all of the provisions of this Contract to be included in, and made a part of, any
subcontract executed in the performance of this Contract.
The Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and
of persons either directly or indirectly employed by the subcontractors, as the Contractor is for the acts and
omissions of persons directly employed by the Contractor.
SECTION 7: INSURANCE AND INDEMNIFICATION
A. Within seven (7) days of receiving notification of Contract award from the City, the Contractor
will submit to the City a Certificate of Insurance certifying that for the period covered by this
Contract, the Contractor canies:
a. Worker's compensation insurance including Employer's Liability Coverage in accordance
all applicable statutes of the State of Michigan.
b. General Liability insurance, including a Broad Form General Liability Endorsement or
Equivalent, with minimum aggregate limits of $100,000 to protect the Contractor against
claims for damage to property of others or for injury to or death of one or more than one
person due to accidents which may occur or result from the Contractor's performance
under this Contract.
c. Property Liability insurance, with minimum aggregate limits of $50,000.
d. Any and all additional insurance required by the laws of the State of Michigan
B. The insurance certificates required under this Contract shall name the City as an additional insured
Party and shall obligate the insurer to provide a defense against all claims brought against the City
by virtue of this Contact. Documentation shall include evidence of coverage as it applies to the
specific delivery of services as outlined by the Contract herein. The cettificate shall provide that
they cannot be canceled or modified without fifteen (15) days advance written notice to the City
by the insurance company.
Should the insurer as required by this Section refuse to provide the City with a defense then the
contractor at its own expense shall provide the City with a defense.
C. The Contractor shall also certify that any subcontractors under this Contract meet the insurance
requirements as provided in this Section. The City reserves the right to require insuranc
documentation from all subcontractors under this Contract.
D. The City and Contractor aclmowledge that the Contractor is an independent contractor in all of the
Contractor's activities and that in the course of such activities, at no time do the Contractor, its
officers, directors (trustees), members, employees, volunteers, or other persons acting on behalf of
Contractor become the agents of the City for any purpose, and at no time shall the City become
liable in any manner whatever for any of the actions or activities of the Contractor, its officers,
directors (trustees), members, employees, volunteers, or other persons acting on behalf of the
Contractor.
E. In the event any person shall undertake to hold the City liable for any conduct or activities of the
Contractor, its officers, directors (trustees), members, employees, volunteers, or other person
acting on behalf of the Contractor, the Contractor expressly agrees to hold the City harmless of
and from any such liability in respect to bodily or personal injury, death, and property damage
arising from acts or omissions, or violations of civil rights or discrimination laws, state or federal.
F. Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating
or establishing the relationship of employer/employee between the City and the Contractor. The
City shall be exempt from payment of all employee benefits including Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Worker1s Compensation
Insurance on behalf of the Contractor. If any portion of the Contractor's CDBG allocation under
this Contract is used to pay employee benefit costs, the Contractor is still wholly responsible for
payment of these costs and setrlement of any claims resulting from its actions.
G. The Contractor shall comply with the provisions of the contract agreement, and likewise agree to
hold and save the City, its officers, agents and employees harmless from liability of any nature or
kind including costs and expenses for, or on account of, any or all suits for damages sustained by
any persons or property resulting in whole or in part from the negligent performance or omission
of any employee, agent or representative of the Contractor.
SECTION 8: CONTRACT DURATION AND TERMINATION PROVISION
A. This Contract shall become effective June I, 2000. This Contract shall be in effect for three and
one-half (3 1/2) cortsecutive months from the effective date unless terminated according to the
provisions of this Section.
B. This Contract may be terminated by the City for failure of the Contractor to comply with the terms
of the Contract upon fifteen (15) days written notice to the Contractor.
C. If the Contractor shall fail, refuse or neglect to comply with the provisions of Section 5: Non-
discrimination/equal Opportunity, such failure shall be deemed a total breach of the contract and
such contract may be terminated, canceled or suspended, in whole or in part, and the Contractor
may be declared ineligible for any further City contracts for a period of up to one year. In
addition, the Contractor may be declared ineligible for further U.S. government contracts.
D. This Contract may be terminated for convenience by either party, in accordance with 24 CFR
85.44, at any time upon thirty (30) days written notice to the other party.
E. If the Contract is terminated, canceled or suspended according to the provisions of this Section,
the Contractor shall have no claims for damages against the City on account of cancellation or
suspension or declaration of ineligibility.
SECTION 9: MODIFICATION AND RENEGOTIATION
A. This contract will be subject to modification and/or renegotiation to conform with any changes
caused by amendments or revisions in Federal laws and regulations. This Contract may also be
modified to reflect changes in funding amounts or other grant conditions related to the use of U.S.
Department of Housing and Urban Development funds.
B. The City or the Contractor may amend this Contract at any time provided that such amendments
make specific reference to this Contract and are executed in writing, signed by a duly authorized
representative of both organizations, and approved by the City of Muskegon. Such amendments
shall not invalidate this Contract, nor relieve or release the City or the Contractor from its
obligations under this Contract.
SECTION 10: ALL TERMS AND CONDITIONS ARE INCLUDED IN CONTRACT
This Contract contains all the terms and conditions agreed upon by the parties. All items incorporated by
reference, including Appendices A and B, and referenced federal regulations, are made wholly a part of this
Contract as if incorporated herein. No other understandings, oral or otherwise, regarding the subject matter
of this Contract shall be deemed to exist or to bind any of the parties hereto.
IN WITNESS WHEREOF, the parties hereto and hereinafter set their hands and seals on the day and year
hereinabove written.
CITY OF MUSKEGON, MICIDGAN CONTRACTOR
BY: BY:
ATTEST: WITNESS:
. .J ,I I 1i
( Ll·'Lt:l.'-'jCU' /4/. J--.ID~/2-.,2. -1.---..-
Ardyce G. Haken
Housing Rehabilitation Specialist
:,,g ~ L:, 0 U '--/"5 ,'Y,. ;::,
Federal Tax ID Number
APPENDIX A: CONTRACTOR'S APPLICATION FOR PARTICIPATION
2000
PAINT PROGRAM
COMPENSATION
HOUSE
TRIM
SINGLE STORY $370.00
STORY AND ONE-HALF $490.00
RANCH $490.00
TWO STORY $620.00
COMPLETE
SINGLE STORY $735.00
STORY AND ONE-HALF $980.00
RANCH $980.00
TWOSTORY $1,245.00
TWO AND ONE-HALF STORY $1,675.00
GARAGE
TRIM
DETACHED GARAGE $100.00
COMPLETE
DETACHED GARAGE $185.00
(ONE STALL)
DETACHED GARAGE $220.00
(TWO STALL)
SHED $100.00
CONTRACT FOR LABOR
BETWEEN THE CITY OF MUSKEGON DEPARTMENT OF
COMMUNITY & NEIGHBORHOOD SERVICES
And
DENNIS WEST
THIS CONTRACT entered into as of the l".__day of June, 2000 by and between the CITY OF
MUSKEGON, DEPARTMENT OF COMMUNITY & NEIGHBORHOOD SERVICES hereinafter
referred to as the "City", and Orlando Brown, hereinafter refeITed to as "Contractor 11 ,
WITNESSETH:
WHEREAS, the City is authorized to undertake certain activities in the provision of assistance
through its Community Development Block Grant program, as funded by the U.S. Department of Housing
and Urban Development;
WHEREAS, the City uses a portion of its CDBG funds to operate a Summer Paint Program to
assist low-income City residents with home improvements; and
WHEREAS, the City desires to engage the Contractor to provide labor for the City's Paint
Assistance Program,;
NOW THEREFORE, the parties hereto do mutually agree as follows:
SECTION 1: CONTRACT DOCUMENTS
The contract documents consist of this Contract, a Contractor Application contained in Appendix A, and a
Contract Budget contained in Appendix B. The information contained in Appendices A and B, as stated
and incorporated by reference shall be considered fully a part of this Contract and shall be fully binding
upon the City and the Contractor, for purposes of this Contract.
SECTION 2: SCOPE OF SERVICE
The Contractor shall provide sufficient labor necessary for the painting of structures identified by the City.
Specific activities will include, but not be limited to, scraping, caulking, application of primer and
application of paint. The City will give the Contractor written notice of each property to be painted under
this Contract. The City reserves the right to limit the number of properties painted by a single contractor,
and to regulate the number of properties that any contractor is painting at one time. The Contractor shall
do, perform and carry out this scope of work in a satisfactory and proper manner, as determined by the
City, to accomplish the objectives defmed herein.
SECTION 3: TIME OF PERFORMANCE
The services of the Contractor are to commence upon June I, 2000 and shall continue until completion of
the City's 2000 Summer Paint Program, as proposed, ending no later than September 15, 2000.
SECTION 4:COMPENSATION
The City shall compensate the Contractor for services provided in strict accordance with the Bndge in
Appendix B. Requests for budget revisions or change orders are subject to the review of the City. In no
case shall payment for services provided under this Contract exceed budget amounts without prior written
City approval.
Payments shall be made by presentation of proper invoices and documentation to support all costs billed.
Requests for payment should be submitted weekly and should be itemized according to the address of each
property where service was provided. Payment shall only be made for properties that have been completed
by the Contractor and approved by City Inspectors.
All payments under this Contract shall be made according to the regular City of Muskegon, Michigan bi-
weekly payment schedule. Payments to be made on the second (2nd ) and fourth (4 th ) Friday of the month.
Payment requests shall be processed according to the date and time the request is received by the
Department of Neighborhood and Constrnction Services.
The Contractor will be paid, reimbursed, or otherwise compensated solely with funds provided by the U.S.
Department of Housing and Urban Development. The Contractor expressly understands and agrees that all
rights, demands and claims to compensation arising under this Contract shall be conditioned and contingent
upon receipt of such funds by the City of Muskegon. In the event that such funds are not received by the
City for any reason, the Contractor expressly agrees and covenants to hold and save harmless the City or its
agents or employees from any costs, expenses, liabilities, or obligations arising from the claims or any
person or persons for any cost they have incurred or claim to have incurred by reason of subcontract or
subagreement with the Contractor.
SECTION 5: NON-DISCRIMINATION/EQUAL OPPORTUNITY
A. Nondiscrimination in the Provision of Services
The Contractor agrees that no person shall, on the grounds of race, religion, color, national origin,
sex, age, handicapped condition, ancesny, family status or veterans status be excluded from
participation in, denied commodities/services herein. The Contractor shall comply with all
existing Federal, State, and local laws, mies and regulations regarding equal opportunity and
nondiscrimination, affmnative action procedures, fair housing, and laws, rules and regulations
regarding the prescribed use of CDBG funds.
B. Nondiscrimination in Employment
The ContJ.·actor agrees to not discriminate against any employee or applicant for employment
because of race, religion, color, sex, age, handicapped condition, national origin, ancestry,
veterans status, or family status. The Contractor will take affinnative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to
their race, religion, color, sex, age, handicapped conditiori, national origin, ancestry, veterans
status, or family status. Such action shall include, but not be limited to, the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
SECTION 6: WORKFORCE ANALYSIS AND SUBCONTRACTS
Prior to performing any services under this Conn·act, the Contractor shall provide a written list of all
laborers who will be involved in the performance of this Contact to the City. Any changes to this
workforce analysis must be submitted to the City in writing, prior to the change taking place. Violations of
this provision may result in the City's issuance of a Stop Work Order or termination of the Contract.
The Con!J.·actor shall not enter into any agreement, written or oral, with any subcontractor or permit any
subcontractor to perform any work covered by this Con!J.·act until the Contractor has requested and received
written approval of such agreement from the City.
The Conn·actor shall insure that all subcontracts let in the performance of this Contract shall be awarded on
a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the City along
with documentation of the selection process.
TI1e Contractor shall include all of the provisions of this Contract to be included in, and made a part of, any
subcontract executed in the perfonuance of this Contract.
The Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, aud
of persons either directly or indirectly employed by the subcontractors, as the Contractor is for the acts and
omissions of persons directly employed by the Contractor.
SECTION 7: INSURANCE AND INDEMNIFICATION
A. Within seven (7) days of receiving notification of Contract award from the City, the Contractor
will submit to the City a Certificate of Insurance certifying that for the period covered by this
Contract, the Contractor carries:
a. Worker's compensation insurance including Employer's Liability Coverage in accordance
all applicable statutes of the State of Michigan.
b. General Liability insurance, including a Broad Fonu General Liability Endorsement or
Equivalent, with minimum aggregate limits of $100,000 to protect the Contractor against
claims for daniage to property of others or for injury to or death of one or more than one
person due to accidents which may occur or result from the Contractor's perfonuance
under this Contract.
c. Property Liability insurance, with minimum aggregate limits of$50,000.
d. Any and all additional insurance required by the laws of the State of Michigan
B. The insurance certificates required under this Contract shall nanie the City as an additional insured
Party and shall obligate the insurer to provide a defense against all claims brought against the City
by virtue of this Contact. Documentation shall include evidence of coverage as it applies to the
specific delivery of services as outlined by the Contract herein. The certificate shall provide that
they cannot be canceled or modified without fifteen {15) days advance written notice to the City
by the insurance company.
Should the insurer as required by this Section refuse to provide the City with a defense then the
contractor at its own expense shall provide the City with a defense.
C. The Contractor shall also certify that any subcontractors under this Contract meet the insurance
requirements' as provided in this Section. The City reserves the right to require insuranc
documentation from all subcontractors under this Contract.
D. Tue City and Contractor acknowledge that the Contractor is an independent contractor in all of the
1
Contractor s activities and that in the course of such activities, at no time do the Contractor, its
officers, directors (trustees), members, employees, volunteers, or other persons acting on behalf of
Contractor become the agents of the City for any purpose, and at no time shall the City become
liable in any manner whatever for any of the actions or activities of the Contractor, its officers,
directors (trustees), members, employees, volunteers, or other persons acting on behalf of the
Contractor.
E. In the event any person shall undertake to hold the City liable for any conduct or activities of the
Contractor, its officers, directors (trustees), members, employees, volunteers, or other person
acting on behalf of the Contractor, the Contractor expressly agrees to hold the City harmless of
and from any such liability in respect to bodily or personal injury, death, and property damage
arising from acts or omissions, or violations of civil rights or discrimination laws, state or federal.
F. Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating
or establishing the relationship of employer/employee between the City and the Contractor. The
City shall be exempt from payment of all employee benefits including Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensation
Insurance on behalf of the Contractor. If any portion of the Contractor's CDBG allocation under
this Contract is used to pay employee benefit costs, the Contractor is still wholly responsible for
payment of these costs and settlement of any claims resulting from its actions.
G. The Contractor shall comply with the provisions of the contract agreement, and likewise agree to
hold and save the City, its officers, agents and employees harmless from liability of any nature or
kind including costs and expenses for, or on account of, any or all suits for damages sustained by
any persons or property resulting in whole or in part from the negligent performance or omission
of any employee, agent or representative of the Contractor.
SECTION 8: CONTRACT DURATION AND TERMINATION PROVISION
A. This Contract shall become effective June I, 2000. This Contract shall be in effect for three and
· one-half (3 1/2) consecutive months from the effective date unless terminated according to the
provisions of this Section.
B. This Contract may be terminated by the City for failure of the Contractor to comply with the terms
of the Contract upon fifteen (15) days written notice to the Contractor.
C. If the Contractor shall fail, refuse or neglect to comply with the provisions of Section 5: Non-
discrimination/equal Opportunity, such failure shall be deemed a total breach of the contract and
such contract may be terminated, canceled or suspended, in whole or in part, and the Contractor
may be declared ineligible for any further City contracts for a period of up to oue year. In
addition, the Contractor may be declared ineligible for further U.S. government contracts.
D. This Contract may be te1minated for convenience by either party, in accordance with 24 CFR
85.44, at any time upon thirty (30) days written notice to the other party.
E. If the Contract is te1minated, canceled or suspended according to the provisions of this Section,
the Contractor shall have no claims for damages against the City on account of cancellaticm or
suspension or declaration of ineligibility.
SECTION 9: MODIFICATION AND RENEGOTIATION
A. This contract will be subject to modification and/or renegotiation to conform with any changes
caused by amendments or revisions in Federal laws and regulations. This Contract may also be
modified to reflect changes in funding amounts or other grant conditions related to the use of U.S.
Deparhnent of Housing and Urban Development funds.
B. The City or the Contractor may amend this Contract at any time provided that such amendments
make specific reference to this Contract and are executed in writing, signed by a duly authorized
representative of both organizations, and approved by the City of Muskegon. Such amendments
shall not invalidate this Contract, nor relieve or release the City or the Contractor from its
obligations under this Contract.
SECTION 10: ALL TERMS AND CONDITIONS ARE INCLUDED IN CONTRACT
This Contract contains all the terms and conditions agreed upon by the parties. AH items incorporated by
reference, including Appendices A and B, and referenced federal regulations, are made wholly a part of this
Contract as if incorporated herein. No other understandings, oral or otherwise, regarding the subject matter
of this Contract shall be deemed to exist or to bind any of the parties hereto.
IN WITNESS WHEREOF, the parties hereto and hereinafter set their hands and seals on the day and year
hereinabove written.
CITY OF MUSKEGON, MICHIGAN CONTRACTOR
BY: BY:
Dennis West
ATTEST: WITNESS:
Ll L~¼"'--' /Gt #-6-L ,.~
Ardyce G. aken
Housing Rehabilitation Specialist
?:,;s ..J 3 I c 3 :; 1
Federal Tax ID Number
APPENDIX A: CONTRACTOR'S APPLICATION FOR PARTICIPATION
2000
PAINT PROGRAM
COMPENSATION
HOUSE
TRIM
SINGLE STORY $370.00
STORY AND ONE-HALF $490.00
RANCH $490.00
TWO STORY $620.00
COMPLETE
SINGLE STORY $735.00
STORY AND ONE-HALF $980.00
RANCH $980.00
TWO STORY $1,245.00
TWO AND ONE-HALF STORY $1,675.00
GARAGE
TRIM
DETACHED GARAGE $100.00
COMPLETE
DETACHED GARAGE $185.00
(ONE STALL)
DETACHED GARAGE $220.00
(TWO STALL)
SHED $100.00
Commission Meeting Date 5-9-00
Date: May 2, 2000
To: Honorable Mayor and City Commission
From: Community Relation Committee/Affirmative Action
Summary of Request:
To concur with the actions of the Community Relation Committee
Financial Impact:
None
Budget Action:
None
Staff Recommendation:
Staff recommends approval
Commission Action:
The City Commission will act on this item on 5/9/00
Mechanical Board of Examiners:
Motion by Commissioner Spataro and seconded by Commissioner Aslakson to appoint
Tom Freye to the Mechanical Board of Examiners as a Wet Heat Contractor, carried
Housing/Building Code Board of Appeals:
Motion by Commissioner Aslakson and seconded by Mayor Nielsen to accept the
resignation of Robert Johnson from the Housing/Building Code Board of Appeals and
appoint Jerry Bever to the vacancy, carried
Resolutions:
The Community Relation Committee approved the Mayor would sign a resolution
recognizing 5/4/00 as the National Day of Prayer
The Community Relation Committee denied a request for a resolution from the Hubbard
Dianetics Foundation
Date: May 2, 2000
To: Honorable Mayor and City Commission
From Wilmern G. Griffin Community and Neighborhood Services Director LJ ·G, ·
Re: Selection of Supplier for Annual Paint Program
Summary of Request: The Community and Neighborhood Services Department solicited
quotes from area paint suppliers for the 2000-Paint Program. Three (3) local suppliers
submitted quotes, O'Leary Paint (Muskegon), Port City Paint (Muskegon), Uncle Verns
Ace Hardware (Muskegon)
The aggregate units' total for the individual suppliers was the following.
1. O'Leary Paint $187.95
2. Port City Paints $210.83
3.Uncle Verns Ace Hardware $191.44
The Community and Neighborhood Services Department recommends that the
Commission accept the low aggregate total of $187.95 submitted by O'Leary Paint and
approve O'Leary as the supplier for the 2000 City of Muskegon Paint Program. (See
att~ched information)
2000 Paint Suppliers Quotes
O'Leary PORT City Uncle Verns
Flat latex $ 12.11 $ 13.61 $ 12.60
Latex primer $ 12.95 $ 17.21 $ 17.99
Latex Semi Gloss $ 13.11 $ 15.15 $ 13.49
Oil Primer $ 16.95 $ 14.78 $ 13.49
Oil Semi Gloss $ 16.95 $ 16.85 NIA
Floor Enamel $ 16.95 $ 15.87 $ 10.49
Metal Enamel $ 13.50 $ 15.87 $ 19.99
Latex Stain $ 12.95 $ 12.24 $ 13.99
Oil Stain $ 14.25 $ 12.24 $ 15.49
Poly Gloss $ 14.95 $ 13.99 $ 12.99
Caulk Tube $ 1.09 $ 1.31 $ 1.29
Window Glaze Qt. $ 3.95 $ 4.22 $ 3.99
Window Glaze Gal. $ 13.95 $ 14.43 $ 14.99
9"Roller $ 1.25 $ 1.20 $ 1.49
Metal Roller Pan $ 1.95 $ 2.56 $ 2.29
3/8" Roller Cover $ 1.25 $ 2.00 $ 2.29
1/2" Roller Cover $ 1.25 $ 2.90 $ 2.39
3" Brush $ 3.25 $ 3.15 $ 4.39
4" Brush $ 3.95 $ 4.76 $ 5.99
4 Way Scaper $ 3.75 $ 3.92 $ 3.99
Wire Brush $ 1.65 $ 1.79 $ 1.75
Gal Kilz N/A $ 14.69 $ 10.99
Bee Spray $ 3.50 $ 3.60 $ 3.19
Paint Trinner $ 2.49 $ 2.49 $ 1.89
Total $ 187.95 $ 210.83 $ 191.44
• Lowest price for each category is in bold type
CONTRACT FOR SUPPLIES AND COMMODITIES BETWEEN
THE CITY OF MUSKEGON DEPARTMENT OF
COMMUNITY & NEIGHBORHOOD SERVICES
And
O'LEARY PAINT
THIS CONTRACT, entered into as of this I st day of June, 2000 by and between the CITY OF
MUSKEGON, DEPARTMENT OF COMMUNITY & NEIGHBORHOOD SERVICES hereinafter
referred to as the 11 Cityn, and Q1Leary Paint, hereinafter referred to as 11 Supplier 11 •
WITNESSETI-1:
WHEREAS, the City is authorized to undertake certain activities in the provision of assistance
through its Community Development Block Grand program, as funded by the U.S. Department of Housing
and Urban Development;
WHEREAS, the City provides assistance through the administration of an annual Paint Program in
conjunction with the undertaking of home improvements as its residents and/or citizens; and
WHEREAS, the City desires to engage the Supplier to render certain commodities and services
specified by Neighborhood & Construction Services and attached hereto as Appendix A;
NOW THEREFQRE, the parties hereto do mutually agree as follows:
SECTION I: CONTRACT DOCUMENTS
The contract documents consist of this Contract and a Bid document in Appendix A. The information
contained in Appendix A, as stated and incorporated by reference shall be considered fully a part of this
Contract and shall be fully binding upon the City and the Supplier for purposes of this Contract.
SECTION 2: SCOPE OF SERVICE
The Supplier shall provide commodities and supplies under this Contract according to the specifications
and prices identified in Appendix A. The Supplier shall do, perform and carry out this scope of work in a
satisfactory and proper manner, as determined by the City, to accomplish the objectives defmed herein.
SECTION 3: TIME OF PERFORMANCE
The services of the Supplier are to commence upon June I, 2000, and shall continue until completion of the
City's 2000 Summer Paint Program, as proposed, ending no later than September 14, 2000 ..
SECTION 4: COMPENSATION
The City shall compensate the Supplier for the above commodities and services in strict accordance with
the specifications and bid prices contained in Appendix A. Requests for budget revisions are subject to the
review of the City. In no case shall payment for commodities and supplies provided under this Contract
exceed bid amounts without prior written City approval. Payments shall be made upon presentation of
proper invoices and documentation to support all costs billed. Request for payment should be submitted
monthly and should be itemized according to quantities and types of supplies and commodities provided.
In addition, the Supplier shall provide documentation of each supply request made by the City as support
for the payment request.
All payments under this Contract shall be made according to the regular City of Muskegon, Michigan bi-
weekly payment schedule. Payment requests must be received by the City no later than 12:00 noon on
Friday of the week before for payment to made available by Friday of the following week. Payment
requests shall be processed according to the date and time the request is received by the Department of
Neighborhood and Construction Services.
The Supplier will be paid, reimbursed, or otherwise compensated solely with funds provided by the U.S.
Department of Housing and Urban Development. The Supplier expressly understands and agrees that all
rights, demands and claims to compensation arising under this Contract shall be conditioned and contingent
upon receipt of such funds by the City of Muskegon. In the event that such funds are not received by the
City for any reason, the Supplier expressly agrees and covenants to hold and save harmless the City or its
agents or employees from any costs, expenses, liabilities, or obligations arising from the claims of any
person or persons for any cost they have incurred or claim to have incurred by reason of subcontract or
subagreement with the Supplier.
SECTION 5: NON-DISCRIMINATION/EQUAL OPPORTUNITY
A. Non-discrimination in the Provision of Services
The Supplier agrees that no person shall, on the grounds of race, religion, color, national
origin, sec, age, handicapped condition, ancestry, family status or veterans status be excluded
from participation in, denied commodities/services of, or otherwise be subjected to
discrimination in the delivery of commodities/services herein. The Supplier shall comply
with all existing Federal, State, and local laws, rules and regulations regarding equal
opportunity and non-discrimination, affirmative action procedures, fair housing, and laws,
rules and regulations regarding the prescribed use of CDBG funds.
B. Non-discrimination in Employment
The Supplier agrees to not discriminate against any employee or applicant for employment
because of race, religion, color, sex, age, handicapped condition, national origin, ancestry,
veterans status, or family status. The Supplier will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard
to their race, religion, color, sex, age, handicapped condition, national origin, ancestry,
veterans status, or family status. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection
of training, including apprenticeship.
SECTION 6: SUBCONTRACTS
The Supplier shall not enter into any agreement, written or oral, with any subcontractor or permit any
subcontractor to perform any work covered by this Contract until the Supplier has requested and received
written approval of such agreement from the City.
The Supplier shall insure that all subcontracts let in the performance of this Contract shall be awarded on a
fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the City along
with documentation of the selection process.
The Supplier shall exclude all of the provisions of this Contract to be included in, and made a part of, any
subcontract executed in the performance of this Contract.
The Supplier shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of
persons either directly or indirectly employed by the subcontractors, as the Supplier is for the acts and
omissions of persons directly employed by the Supplier. ·
SECTION 7: INDEMNIFICATION
A. The City and Supplier acknowledge that the Supplier is an independent contractor in all of the
Supplier's activities and that in the course of such activities, at no time do the Supplier, its
officers, directors (trustees), members employees, volunteers, or other persons acting on behalf of
Supplier become the agents of the City for any purpose, and at no time shall the City become
liable in any manner whatever for any of the actions or activities of the Supplier, its officers,
directors (trustees), members, employees, volunteers, or other persons acting on behalf of the
Supplier.
In the event any person shall undertake to hold the City liable for any conduct or activities of the
Supplier, its officers, directors (trustees), members, employees, volunteers, or other person acting
on behalf of the Supplier, the Supplier expressly agrees to hold the City harmless of and from any
such liability in respect to bodily or personal injury, death, and property damage arising from acts
or omissions, or violations of civil rights or discrimination laws, state or federal.
B. Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating
or establishing the relationship of employer/employee between the City and the Supplier. The
City shall be exempt from payment of all employee benefits including Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Worker's compensation
Insurance on behalf of the Supplier. If any portion of the Supplier's CDBG allocation under this
Contract is used to pay employee benefit costs, the Supplier is still wholly responsible for payment
of these costs and settlement of any claims resulting from its actions.
C. The Supplier shall comply with the provisions of the contract agreement, and likewise agree to
hold and save the City, its officers, agents and employees harmless from liability of any nature or
kind including costs and expenses for, or on account of, any or all snits for damages sustained by
any persons or property resulting in whole or in part from the negligent performance or omissions
of any employee, agent or representative of the Supplier.
SECTION 8: CONTRACT DURATION AND TERMINATION PROVISION
A. This Contract shall become effective June 1, 2000. This Contract shall be in effect for three and
one-half (3 1/2) consecutive months from the effective date unless terminated according to the
provisions of this Section.
B. This Contract may be terminated by the City for failure of the Supplier to comply with the terms
of the Contract upon fifteen (15) days written notice to the Supplier.
C. If the Supplier shall fail, refuse or neglect to comply with the provisions of Section 5: Non-
discrimination/Equal Opportunity, such failure shall be deemed a total breach of the contract and
such contract may be terminated, canceled or suspended, in whole or in part, and the Supplier may
be declared ineligible for any further City contracts for a period of up to one year. In addition, the
Supplier may be declared ineligible for further U.S. government contracts.
D. The Contract may be terminated for convenience by either party, in accordance with 24 CPR
85.44, at any time upon thirty (30) days written notice to the other party.
E. If the Contract is terminated, canceled or suspended ·according to the provisions of this Section,
the Supplier shall have no claims for damages against the City on account of cancellation or
suspension or declaration of ineligibility.
SECTION 9: MODJFICATION AND RENEGOTIATION
A. This Contract will be subject to modification and/or renegotiation to conform with any changes
caused by amendments or revisions in Federal laws and regulations. This Contract may also be
modified to reflect changes in funding amounts or other grant conditions related to the use of U.S.
Department of Housing and Urban Development funds.
B. The City or the Supplier may amend this Contract at any time provided that such amendments
make specific reference to this Contract and are executed in writing, signed by a duly authorized
representative of both organizations, and approved by the City of Muskegon. Such amendments
shall not invalidate this Contract, nor relieve or release the City or the Supplier from its
obligations under this Contract.
SECTION 10: ALL TERMS AND CONDITIONS ARE INCLUDED IN CONTRACT
This Contract contains all the terms and conditions agreed upon by the parties. All items incorporated by
reference, including Appendix A, and referenced federal regulations, are made wholly a part of this
Contract as if incorporated herein. No other understandings, oral or otherwise, regarding the subject matter
of this Contract shall be deemed to exist or to bind any of the parties hereto.
IN WITNESS WHEREOF, the parties hereto and hereinafter set their hands and seals on the day and year
hereinabove written.
CITY OF MUSKEGON, MICHIGAN O'LEARY PAINT
BY: BY:
Federal Tax ID Number
ATTEST: WITNESS:
/\
Gail A. Kundinger
City Clerk
A~:~~~'Lif~~-
Housing Specialist
SPECIFICATIONS
2000 EXTERIOR PAINT PROGRAM
The following paint & materials will be utili7.ed in the City of Muskegon, Neighborhood and Construction
Services Exterior Paint Program.
Please bid the following:
Latex Flat
Latex Stain
Latex Primer
Latex Satin
Oil Semi-gloss
Oil Stain
Oil Primer
Poly Enamel
Gloss Polyurethane
Poly Gloss
Floor Enamel
Metal Enamel
Floor Guard
MATERIAL
Window Caulk
Window Glaze
SUPPLIES
Roller Frames Paint Scrapers 4-way
Roller Pans Wire Brush
Paint Rollers 3/8" & 1/2" Kilnz
Paint Brushes 3" & 4" Bee Spray
Paint Thinner
PAINTING MATERIAL SPECIFICATIONS
The City of Muskegon's Community & Neighborhood Services Department is undertaking a painting
program in its targeted low/moderate income neighborhoods. For eligible homeowners in the
neighborhoods, the City will purchase all required painting materials and accessories, and under separate
contract, the City will reimburse subcontractors to paint the houses. During the current program, June I
through September 15, 2000; it is anticipated that approximately 75 single family homes will be painted.
Prospective suppliers, aside from material costs, must submit the following with their proposal:
I. Brand name of paint
2. Samples of paint and primer
3. Color chart and number colors
4. Sample of warranty
MATERIALS NEEDED
IO Year Exterior Paints
Latex Flat Roller frames
Oil Primer Roller pans
Latex Primer Paint rollers 3/8" & 1/2"
Latex Satin Paint Brushes 3" & 4"
Latex Stain Paint scrapers 4-way
Oil Semi-gloss Wire brush
Floor Enamel Kilnz
Oil Stain Bee spray
Poly Gloss· Paint thinner
Metal Enamel
Gloss Polyurethane
Tube Caulk
Window Glazing
Floor Guard
MAXIMUM LEAD CONTENT 0.06%
Proposals are due in the Community & Neighborhood Services Offices, 2"' Floor, Muskegon City Hall by
5:00 p.m., April 7, 2000.
Any questions regarding the RFP should be directed to Marc Johnson at 724-6967.
...
Date:
Job Number:
TO:
City of Muskegon
Exterior Paint Program
UNIT PRICE
_,,,_ Flat-Latex 700 ProTech Exterior Flat Gal 12.11
"" ~11iKilsiaf~\l',fci111;1t1,'S0*f!lt¥fw, s'~•WR1l~ifl!itar,~1~1~m'f~•~,~'il(ll\'ll\'+~ ·Ai'l", 1~:if1¥~t~¢'lil,j¼1'.1 i -~~~
}\'! Latex Primer --' -- -- 790 ProTech Exterior Latex Primer ' Gal '
-- ' ,,,, ' ' - 12, 95
~~ ~!•,i ~~ii~,sl,if.,'iw1ll!\l . ~QC! f)'gJec;l\;EJ!te,tiJfti!'ll!lirl•~ttf•~@' : ~tfc$• t:1£'\'¾l~l>i~~~Wii!d3,1 H
.:;;:oil Semi-Gloss 13 Line Rust Scat Semi-Gloss Oil GAi 16.95
J 1 II Stalhl~ikJi'R'X,\Ut}'f u.!l'./i/llI! ~(ij;'~(lsil~\QiiJil/!li\1altWi)f,t11,"J~t<l ,. iili)i}, ,c,~(!Z?1:~i:?t1i\;14,25/
~ Oil Primer ... . . . . l<t\l'r,"ll!l~l560 Weatherproof Oil Primer . . . al .. . .. 16.95
, P9iy Eoam~r ?,r,l:,@tcti/i~ ~.1)J1!)1flmrlJJx,ft!il~Jfilil!iiiM!l;~trwem , ~f(i\1; ¥i¾'l'~-l!i!'r\ 16:ll§j
: . ; los~ P~ly~r~t.hao,e_,.- , PRE 9300 Gloss Polyurethane al 14,95
{!- El,<ily,§l9~$.ffit/;i,,#ht'!~jt,,il!il&jF'RE 9300 Gloss Polyurethane . al 14.95
- · Floor Enamel 31-1 Duramax Polyurethane Enamel Gal 16,95
"' . . etiii Eriaffiii!1f;s,,",'\'~;!!¢i l/,t1li'fi,}!l\l i?~1Qiit':j#f,lffii1ltfE{ja,iiet&J'iilti'-lttt'ii Gal,,'ir, ,,~~,f;i;~'{4!{1 a)ll(llJ
1
F ?11~Mi:m~~;;t~~,_ lf~~ is~~':f~$g#:~l"i1if•etG1k~~~t£&~ §J~11t ~,i~'cf~:r/f:liE~~
, ' lndow Glaze . . .. . Cau16461 Glazin!I Compound . Ot . . . . . . 3.95
•Jol;l1'i,W,~Ln~~1'4iaiJil lllr.ll!I ::Dl!t~~f@,liiti61l;l'!\t!!!R~l!IJ!1iWJl\f¢ i:4!ffi\ /Il'lRltlfii'!i'iiftli\lill~~J
·;, Roller Frames PO79990 Roller Frame Ea 1.25
', ~t11~~RMitk,~ll~t't1\!~~'i i1:lii (@i'.fp11g9q[i~)1Jlij!Li?@1ti."iv4ik'fzli4Jt\j g~~l
; • alnt Rollers 3/8" . . . Bes93890 3/8" nap Roller Cover Ea _ 1.25
' lli~l"O!l~rn '1/2~M~~t #~~ l'l~i!l~~~g~1/2,V;nai>\'$.oiiijtiCo,VM,!;i,i\?4 1z,ll¥l\¾ ~•'f,i'W'~~'/;1';,1i25'j
'--k Paint Brushes 3" •. •.·· ·•· .. · _. __ . 00815130 3"Paint Brus~ '. . _ . Ea '' ., ,·. _ . _ •., __ . 3.2~
, -' #111nraimli1~ ~ij1tt~1g IJir!l :q~/l'.t~1ila'il1R~Jni.'llrtillflt~~¾J~t:W¥ ~a.ti¥ ,i~tt~~,~1~1M,\1~0
' : paint Thinner KLN704010 Paint Thinner Ea 2.49
'f ~aJrii'~~l~P~~:11,w~:Vl'W£ ._· AR~d;t(l~ig~'~JWd}1~$~ljp~ft@,l~~'f Eaj/[, if,;t~;iij,flklJ~,f~,t~~
ire Brush DQB408000 Wire Brush Ea 1.65
.".J~'. ~-~ef~~1~rt{{t1~t~Jtiit~J -~,,~, ":+;J~)Qg1g(tt&)l~tl~fis{grim!f~~1ilil t~ri~I ;~~ittf%1~{~J{.:;~t!t~1
Bee·S re LYN100 Bee S ra Ea 3,50
~~--~"
3530 AIRLINE RD. MUSKEGON, Ml 49444 (616) 733-2161
800-444-2161
PORT CITY PAINTS, INC.
1250 NINTH STREET
MUSKEGON, Ml. 49440
616-726-5911
TO: CITY OF MUSKEGON
NEIGHBORHOOD & CONST.
SERVICES DEPARTMENT
WE ARE PLEASE TO QUOTE THE FOLLOWING PRICES FOR THE
2000 PAINT PROGRAM. WE ONLY MANUFACTURE ONE TYPE OF
EACH OF OUR PAINTS, THEREFORE PRICES QUOTED ARE FOR
OUR HIGH QUALITY PRODUCTS AS SOLD IN THE PAST FOR PAINT
PROGRAM NEEDS.
- ' 1000 SERIES PORTOVIN(EXT. LATEX FLATI $13.61/GAL
-- 7 0010 SERIES PORTKOTE PRIMER (OIL) $14.78/GAL
~ x' 0050 SERIES UNIVERSAL PRIMER (LATEX) $17.21/GAL
- J 1600 SERIES EXT. LATEX SEMI GLOSS $15.15/GAL
LATEX STAIN $12.24/GAL
- / 1500 SERIES SOF SHEEN(EXT. OIL SEMI) $16.85/GAL
~ 1 0500 SERIES FLOOR ENAMEL also use as $15.87/GAL
,/ METAL ENAMEL
"< OIL STAIN (SEMI TRANS. & SOLID) $12.24/GAL
.,_
0200 , GLOSS PORT-O-THANE(POLY) $13.99/GAL
page 1 of2
PORT CITY PAINTS, INC.
1250 NINTH STREET
MUSKEGON, Ml. 49440
SUPPLIES FOR. 2000 PAINT PROGRAM
- ..,,_ 300450 OAP ALEX PLUS CAULK $ 1.31/TU
'---- x'.294345 OAP 33 GLAZING - QT $ 4.22
- :,l294580 OAP 33 GLAZING - GAL $14.43
.,.- >L-5305 9" ROLLER FRAME $ 1.20
- ·,l, 90540 METAL ROLLER PANS $ 2.56
- .>'-90416 3/8" NAP 9" ROLLER COVER $ 2.00
- >L90320 1/2" NAP 9" ROLLER COVER $ 2.90
_..,. )(.11605 3" PAINT BRUSH $ 3.15
,.-, -,L.11607 4" PAINT BRUSH $ 4.76
- X:10270 HYDE 4-WAY SCRAPER $ 3.92
~·· A5923 SHOE HANDLE WIRE BRUSH $ 1.79
-- xs901 GAL KILZ $14.69
- :::J-585810 BEE ANDWASP SPRAY $ 3.60
- ',/_660475 PAINT THINNER $ 2.49/GAL
THANK YOU FOR CONSIDERING PORT CITY PAINTS FOR YOUR
PAINTING NEEDS.
Slf'lfE~~Y, / /
~"'1\ k$, '::::::,,,/J v
ROY, L. SPENCf:R
page 2 of2
llnc111 Vern's Aca Hardware
899 W Laketon Avenue- Muskegon Ml 49441
Phone 231-759-7101 - Fax231-755-8659
Screen, Window and Small Engine Repair - Plumbing, Electrical and Paint Supplies
April 07, 2000
City of Muskegon
Community and Neighborhood Services
Thank you for giving us the opportunity to bid on this project. We appreciate all the support the City of
Muskegon has given us.
Our bid is as follows:
r-Ace Quality Shield latex flat house paint - 5 gallon $62.00, 1 gallon $12.60
Y Ace Contractor Oil Primer - 5 gallon $65.00, 1 gallon $13.49
v Ace Royal Exterior Primer• 5 gallon $84.95, 1 gallon $17 .99
--J-.Ace Quality Shield Semi-gloss - 5 gallon $65.00, 1 gallon $13.49
)" Ace Interior/Exterior Gloss floor & trim enamel - 1 gallon $10.49
/<,Ace Wood Royal latex solid house and siding stain - 5 gallon $59.95, 1 gallon $13.99
Ace Wood Royal siding & deck stain semi-transparent - 5 gallon $59.95,
1 gallon $15.49
x_Ace Wood Royal oil solid house trim stain• 5 gallon $69.95, 1 gallon $15.49
/-Ace Professional polyurethane varnish - 1 gallon gloss $12.99,
1 gallon semi-gloss $12.99
Ace Great Finishes oil base spar varnish - 1 gallon $18.99, 1 quart $7.49
';(Ace Rust Stop enamel - 1 gallon $19.99, 1 quart $5.49
./Tubes of Acrylic caulk - $1.29
·JLWindow glazing compound ,('I gallon $14.99, "-1 quart $3.99, tubes $1.89
Floor guards - 3 pc. pkg. (6", 8", 10") $3.99, 10" $1.19,
12" w/stainless steel edge $2.99, 23" w/stainless steel edge $4.99
)c.Roller Frames - 9" Proline $2.49, 9" better line $1.49
·,.:..Roller Pans - 9" metal $2.29, 9" plastic $2.29
J( Paint Rollers ..:-.,,3/8" nap $2.29, ,<l/2" nap $2.39, 4 pack 3/8"nap $4.49
X.Paint brushes ~asic 3" $4.39\1\Basic 4" $5.99, Best 3" $6.39, Best 4" $7.59
,!4-way Paint scrapers - ~4• w/o knob - $3.99, ¼',2-1/2" w/o knob - $4.99,
1-3/4" w/knob - $4.49, 2-1/2" w/knob - $5.49
/Wire brushes - w/o scraper 3'($1. 75, w/scraper - $2.49, Block brush - $3.29
iKilz - 111allon - $10.99 ·
~ee spray - foaming - $3.19, regular spray - $ 3.19
)::.Paint thinner - 1 gallon - $1.89
Vern and Lisa Wheeler
Uncle Vern's Ace Hardware
Date: April 25, 2000
To: Honorable Mj/;and City Commissioners
From: Ric S c o t t ~ ~
RE: Dredging Grant
SUMMARY OF REQUEST:
To authorize staff to submit a grant to dredge the small
and large boat basins at Hartshorn Marina
FINANCIAL IMPACT:
Total Project cost $300,000
City Match $?5,000 (25% local Match)
BUDGET ACTION REQUIRED:
Need to appropriate the money from the Marina Budget
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
,\ ffirmilthl' Action
23 I 172.J-6 70.l
Fl :\/722-12 1.J
23 J/7 2.J-(,7118
F.l '\1726-5 181
C l•mctcr~
23 1172.J-(, 78J
F.1:\1726-5617
Ch ii Sl'n h:l'
231 /7 2.J-(,7)(,
F.1.\/7 2.J-.J-105 West Mlch.lgan's Shol'ellne City
Cl,•rl,
lJ 1/72.J-(,7115
F.1 '\/72.J-.J 178
Date: April 25, 2000
Cu,11111. S, ;\l•iJ;! h.
lJ I /72.J-(, 7 I 7
To: Honorable May~~ n~/City Commissioners
F 1.\ /711,-2, il I
From: Ric Scott # ~
E11g it11!l'l"i11g
1J I /72.J-6 707 Re: Dredging Grant
JC, I \ /72 7-(,91).j
Fi11:llll'l'
With the low lake levels, the governor has proposed an
2.1 1/72.J-(,7 IJ eme.1.genay dredging- qJ."ant p~og~am to help Ma.Gh.i.ga-n St.ate
F \.\/7 2.J-(,768
Waterways Commission assisted Marina facilities . The
hn· Dcpl. grant requires a 25% local match.
2J 1/72.J-(,7?2
F.\.'\/7 2.J-(>'/85 I am requesting authorization to submit a grant request
I m .:0111l" T.i~ for $306,000 ($15,060 local match) to dredge the small
!J J /72.J-6 7711
I· .I \ /72.J-67<,S
and large boat basins at Hartshorn Marina. The matching
funds will come from the Marina fund.
Info. s ~ ~ll'III',
2.l l /72.J-<, 7.J.J There is approximately 7,000 cubic yards of material
F. \.'\/72 2-.JJO I
that needs to be removed from the basins to get them to
I t· i, 11rl' S l'n ii.:l'
2J I /7 2.J-6 70.J
acceptable levels for boaters. All expenses incurred
F.-\.\ /72.J-1196 from February 1 of this year are eligible for
\l:Jll:tl! l'f
1
', Offo.'l'
reimbursement. We have already spent money on doing
23 J /72.j.(, 72.J soil samples and depth testing for the permit needed to
I· \:\/722- 121.J
dredge.
\la~ur', Ortirc
23 I /72.J-<, 7111 We are working with Dell Engineering to get this project
F.\\/722- 12 1.J
done . lt i& on a fast ta.aG!Jt a-n d m.edqi.ng- w;i.ll need to
'\t•1 gh ...~ Cons t. be done this summer . We expect to be out for bids on
'.°\L•n·1n •-.
lJ l/72.J-1,7 15
the project in the next month or so, if you approve the
l·.\:\/726-2501 application. However, this grant will not address
Illa 1111i11vJ /.1111i11g launch ramp problems.
23 1/72.J-(,7112
F,-\.\/72.J-671111 I recommend approval of allowing staff to submit the
Polin• Dl•pl.
grant request. It is due June 1, 2000.
2.l l /72.J-<,7511
F.\ \/722-51.JII Thank you for your consideration .
Puhlk \\ orks
2.l 1/72.J-.J 11111
F 1.\/722-.J 188
1 n•a, un•r
2J 1/72.J-67211
F 1.\/72.J-<,7<,H
II at,•r llilli11g Dept.
2J I /72.J-6 7 18
F.\ .\/72.J-67(,8
\\ :itc r 1-illralion
23 1/72.J-.J 1116
F.1.\ /755-52911
C ity of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
RESOLUTION NO. 2000-51 (h)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING SUBMISSION OF GRANT APPLICATION FOR
DREDGING OF HARTSHORN MARINA UNDER THE 2000 EMERGENCY
DREDGING GRANT PROGRAM
WHEREAS, the City of Muskegon wishes to dredge the large and small boat
basins of Hartshorn Marina because of the low water; and
WHEREAS, grant applications are now being received by the Michigan
Department of Natural Resources for the 2000 Emergency
Dredging Grant Program, which will provide up to 75% funding for
the project; and
NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of
Muskegon approve the submission of the grant application to the
DNR for $300,000 for the dredging; and
BE IT FURTHER RESOLVED, that the City's $175,000 match will be provided,
and the City hereby commits itself to complete this project if the
grant application is approved.
. Adopted this 9th day of May, 2000
AYES: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
Aslakson, Benedict
NAYS: None
ABSENT: None
sy\d.~~J.-~
F e~ lsen, Mayor
1
ATTEST - - ~fu..L
-aa.':-:=---:--
~------'~==----~ ~
Gail Kundinger, City erk
DN'it
Michigan Department of Natural Resources, Grants Administration Division
2000 EMERGENCY DREDGING PROGRAM GRANT AGREEMENT
This Agreement is between the CITY OF MUSKEGON in the COUNTY OF MUSKEGON, hereinafter
referred to as the "GRANTEE," and the MICHIGAN DEPARTMENT OF NATURAL RESOURCES, an
agency of the State of Michigan, hereinafter referred to as the "DEPARTMENT." The DEPARTMENT
has authority to enter into agreements with local units of government to maintain harbor facilities,
constructed with Michigan State Waterways Commission funds, under Part 781 of the Natural
Resources and Environmental Protection Act, 1994 PA 451, as amended. In PA 291 of 2000, the
Legislature appropriated Waterways Funds to the DEPARTMENT for "emergency local harbor
dredging." As a precondition to the effectiveness of the Agreement, the GRANTEE is required to
sign the Agreement and return it to the DEPARTMENT with the necessary attachments within 90
days of the date the Agreement is issued by the DEPARTMENT.
1. The 2000 Emergency Dredging Grant application ED 00-011 (APPENDIX A) is, by this
reference, made part of this Agreement. The Agreement together with the appendix constitute
the entire Agreement between the parties and may be modified only in writing and executed in
the same manner as the Agreement is executed.
2. This Agreement shall be administered on behalf of the DEPARTMENT through its Grants
Administration Division. All reports, documents, or actions required of the GRANTEE by this
Agreement shall be submitted to the Chief, Grants Administration Division, P.O. Box 30425,
Lansing, Michigan 48909-7925.
3. The DEPARTMENT agrees to grant to the GRANTEE an amount equal to no more than
Seventy-Five (75%) percent of the documented eligible project costs and expenses incurred by
the GRANTEE, with total grant funds paid to the GRANTEE not to exceed Two Hundred
Twenty-Five Thousand ($225,000.00) dollars. Increases to the grant amount will not be
approved by the DEPARTMENT.
4. Eligible project costs are limited to the costs of environmental testing of dredged materials,
transportation and disposal for the dredged materials, excluding land acquisition, and
engineering costs directly associated with the design and oversight of the dredging activities, as
further described in APPENDIX A In addition, eligible project costs includes only those costs
required to complete dredging at the Muskegon Hartshorn Marina and the connecting
channels to the Great Lakes from this marina to the extent that the Army Corps of Engineers
does not otherwise dredge these channels.
5. Only properly documented eligible costs and expenses incurred by the GRANTEE between
February 1, 2000 and March 31, 2001 shall be considered for reimbursement under the terms
of this Agreement. Any costs and expenses incurred after the project period shall be the sole
responsibility of the GRANTEE. An amendment to this Agreement is required to extend the
time period for project completion. Extensions are within the sole discretion of the
DEPARTMENT.
6. The DEPARTMENT will reimburse the GRANTEE as follows:
a. To be eligible for reimbursement, the GRANTEE shall submit a complete reimbursement
request to the DEPARTMENT within 45 days of the project completion and no later than
May 15, 2001. The GRANTEE may submit no more than two requests for reimbursement,
including the final request, during the project period.
PR 1971 (Rev. 08/01/2000)
2000 Emergency Dredging Program Grant Agreement 2
b. A reimbursement request shall document all eligible costs and expenses incurred by the
GRANTEE to complete the project, shall be submitted on a form provided by the
DEPARTMENT and include documentation required by the DEPARTMENT including, but
not limited to, invoices and cancelled checks for all eligible costs.
c. Reimbursement of up to Ninety (90%) percent of the eligible grant amount will be made only
upon DEPARTMENT review and approval of a complete reimbursement request.
d. All grants are subject to audit, at the discretion of the DEPARTMENT. Prior to making final
payment, the DEPARTMENT may conduct an audit of the project's financial records upon
approval of the final reimbursement request by staff of the Parks and Recreation Bureau.
The DEPARTMENT may issue an audit report with no deductions or may find some costs
ineligible for reimbursement.
e. Final reimbursement of the remaining Ten (10%} percent of the eligible grant amount will be
released pending satisfactory project completion as determined by the DEPARTMENT,
including, at the discretion of the DEPARTMENT, completion of a satisfactory audit.
7. The GRANTEE agrees as follows:
a. To immediately appropriate funds necessary to complete the approved project.
b. To complete the approved project work to the satisfaction of the DEPARTMENT, and to
provide such funds, services, and materials as may be necessary to satisfy the terms of this
Agreement.
c. To complete the project in compliance with all applicable State, local and federal law and
regulations and in compliance with permits issued by the Department of Environmental
Quality and the Army Corps of Engineers.
d. To use all funds granted by the DEPARTMENT under this Agreement solely for eligible
project costs approved by the DEPARTMENT.
e. To maintain satisfactory financial accounts, documents, and records and shall make them
available to the DEPARTMENT for auditing at reasonable times. The GRANTEE shall
retain such accounts, documents, and records for a period of not less than three years
following completion of the project.
f. To openly advertise and seek written bids for contracts for purchases or services with a
value equal to or greater than $10,000 and accept the lowest qualified bid as determined by
the GRANTEE'S Engineer and to provide the DEPARTMENT with documentation of the
contracting process upon request.
8. The GRANTEE hereby represents that it will defend any suit brought against either party which
involves title, ownership, or specific rights, including appurtenant riparian rights, of any lands
connected with or affected by this project.
9. The GRANTEE is responsible for the use and occupancy of the premises, the project area and
the facilities thereon. The GRANTEE is responsible for the safety of all individuals who are
invitees or licensees of the premises. The GRANTEE will defend all claims resulting from the
use and occupancy of the premises, the project area and the facilities thereon. The
DEPARTMENT is not responsible for the use and occupancy of the premises, the project area
and the facilities thereon.
PR 1971 (Rev. 08/01/2000)
2000 Emergency Dredging Program Grant Agreement 3
10. The GRANTEE agrees not to discriminate against an employee or applicant for employment
with respect to hire, tenure , terms, conditions, or privileges of employment, or a matter directly
or indirectly related to employment, because of race, color, religion, national origin, age, sex,
height, weight, marital status, or disability that is unrelated to the person's ability to perform the
duties of a particular job or position. The GRANTEE further agrees to comply with the civil rights
requirements set forth by the DEPARTMENT and that any subcontract shall contain a non-
discrimination provisions which is not less stringent than this provision and binding upon any
and all subcontractors. A breach of this covenant shall be regarded as a material breach of this
Agreement.
11 . Upon breach of the Agreement by the GRANTEE, the DEPARTMENT, in addition to any other
remedy provided by law, may:
a. Terminate this Agreement; and/or
b. Withhold and/or cancel future payments to the GRANTEE on any or all current
DEPARTMENT grant projects until the violation is resolved to the satisfaction of the
DEPARTMENT; and/or
c. Require repayment of grant funds paid to the GRANTEE; and/or
d. Require specific performance of the Agreement.
12. The Agreement may be executed separately by the parties. This Agreement is not effective
until the GRANTEE has signed it and returned it together with the necessary attachments, and
the DEPARTMENT has signed it.
WITNESSES:
· _::;__
---=-=~=-
~ ~
o .~: L~......:=....:~____::q.c:µv
. . . _,_,
GRANTEE:
=------- By
Title:
~o-~
Fred J. Nielsen, Mayor
MICHIGAN DEPARTMENT OF
NATURAL RESOURCES:
WITNESSES: By:
EFFECTIVE DATE: /J- 1/J. 12000
PR 1971 (Rev. 08/01/2000)
2000 Emergency Dredging Program Grant Agreement
4
APPENDIX A
2000 EMERGENCY DREDGING GRANT APPLICATION #ED 00-011
(incorporated herein by reference)
PR 1971 (Rev. 08/01/2000)
AGENDA Item No. - - -
MUSKEGON CITY COMMISSION MEETING - May 9, 2000
To: Honorable Mayor and,~ Commissioners
From: Planning Department~
Date: May 3, 2000
Subject: Amendment to the Vegetation ordinance and grass mowing notification policy
SUMMARY OF REQUEST
Adopt amendments to section II of the Noxious Weed and Vegetation Ordinance
changing notice requirements and lowering the height limit for noxious vegetation. The
primary objective is more timely maintenance of property and to prevent excessive
monitoring of properties.
FINANCIAL IMPACT
Savings in staff in mailing obligations.
BUDGET ACTION REQUIRED
none
RECOMMENDATION
Adopt amendments to the vegetation ordinance and adopt the grass mowing notification
policy attached.
RESOLUTION #2000-52 (a)
MUSKEGON CITY COMMISSION
RESOLUTION TO ESTABLISH A NEW NOTICE POLICY
FOR NOXIOUS WEEDS AND SEASONAL MOWING
WHEREAS, the City of Muskegon is a community of neighborhoods, and;
WHEREAS, community pride is a critical component of neighborhood health, and;
WHEREAS, property maintenance standards are a reflection of community pride, and;
WHEREAS, well maintained property promotes pride, enhances property values, curbs blight,
and prevents health hazards, and;
WHEREAS, a clear message of responsibility and pride in the community must be set as a
minimum standard, and;
WHEREAS, notifying property owners of such standards is necessary but should not be
incessant;
NOW, THEREFORE, BE IT RESOLVED that the following policy is hereby established for
noxious weed and grass mowing notices during the mowing season:
I. Certified mail shall not be used. First class letters shall no longer be sent in mass notifying
property owners that their property needs mowing attention, as this practice is costly, not
required by state law, and tends to promote mediocre property maintenance. Selective first
class mail may be used in questionable cases.
2. Each year, in the month of March, a Chronicle newspaper notice shall be placed pursuant to
City ordinance notifying residents of their maintenance responsibilities according to the
ordinances of the City of Muskegon.
3. A notice shall also be printed in the spring addition of the City's newsletter, the Channel,
which goes to all occupants of the city.
4. As part of the neighborhood grant program, each neighborhood association will be supplied
with the notice early March and be asked to place it in their respective newsletters.
5. The notice shall be sent to the Muskegon Landlord's Association.
6. Notice will be sent for the year 2000 season only to all out-of-town landowners on record
with the City of Muskegon. For each year thereafter, notice shall only go to new out-of-town
property owners of record.
7. For the year 2000 season only a postcard will be sent to those properties that were sent
violation letters in the 1999 season notifying them of the change in procedures.
8. Notice programs for absentee owners may be set up by the department administering the
noxious weed ordinance for a fee to be set by City Commission.
9. For the year 2000 only one letter will be sent to a violating property outlining grass mowing
policies and indicating no other lette!'~will be sent. ·
10. Notice will be given for the-year 2000 only to new propeify owners in the assessing records
Between April 1, 1999 and April 1, 2000:
11. The Finance Department shall provide a brochure outlining City policy and procedures for
property maintenance to individuals requesting a change in water service. 1bis is aimed at
educating new residents, both owners and tenants:
Adopted this 9 day of May, 2000.
Ayes: Spataro, As l akson, Schwei fl er , Shepherd
Nays: Sieradzki, Benedict, Nielsen
Absent: None
Attest ~a,
Gail A. Kundinger, Clerk
CERTIFICATION
1bis resolution was adopted at a regular meeting of the City Commission, held on May 9,
2000. The meeting was properly held and noticed pursuant to the Open Meetings Act of
the State of Michigan, Act 267 ofthe Public Acts of 1976.
CITY OF MUSKEGON
By----L
Q=--G-
.~-1~- :·K_
g _din-~-e-r,-C-i~-Cl_~+---
, ---
SAMPLE FIRST LETTER
Dear Taxpayer:
City staff is actively working to enforce various ordinances that are intended to improve
the appearance of neighborhoods and protect property values.
Therefore, I am asking that you help upgrade our city by cutting your grass. This must be
done in the next 5 days or a City crew will cut it. If we do have to render this service,
you will be charged a minimum of $80.00, although the actual charge will depend on our
cost. Also, please note that if trash, brush, or debris that would interfere with mowing is
on the property, it will be removed and this cost will be added to the bill.
Remember that it is your responsibility to maintain your entire yard, which includes the
area between the sidewalk & the street, plus 1/2 of the alley (ifthere is one).
Our environmental inspectors regularly tour our neighborhoods to check for grass and
weeds so please maintain your property throughout the year. This will be the only notice
you receive this year. Please note: the height limit for grass is 8 inches, if it exceeds
that, staff sends out the contractor.
Your cooperation would be appreciated. However, should you fail to comply with this
notice not only will the city be forced to cut the grass and charge the cost to you, we may
also issue a ticket which may carry fines between $100.00 and $500.00. If you have any
questions, call [INSERT INSPECTOR'S#], and I will be happy to discuss them with you.
Thank you,
Community & Economic Development
MUSKEGON COUNTY, MICIBGAN
ORDINANCE NO. 2021
An ordinance amending Article II of the Noxious Weed and Vegetation Ordinance of the
City to change notice requirements and lower the height limit of noxious vegetation.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Article II of the Noxious Weed and Vegetation Ordinance of the City of Muskegon is hereby
amended as follows:
Sec. 22-14. Defined.
For the purpose of this article, the term "noxious weeds and vegetation" shall mean and
include Canada thistles, dodders, mustards, wild carrots, bindweeds, perennial sow thistles,
ragweed, poison ivy and poison sumac. Such term shall also include grass more than eight (8)
inches in height, dead bushes, dead trees and stumps and bushes and trees infested with
dangerous insects or infectious diseases. Designated natural areas,. native dune vegetation and
bona-fide, maintained wildflower plantings may not be considered noxious.
Sec. 22-15. Legislative determination; purpose of article.
It is hereby determined that noxious weeds and vegetation, growing, lying or located on
private land in the city,_affect and are detrimental to the health, comfort, convenience, safety,
welfare and prosperity of the residents of the city. The necessity, in the public interest, for the
. provisions and prohibitions are enacted in pursuance of and for the purpose of securing and
promoting the health, comfort, convenience, safety, welfare and prosperity of the city and its
inhabitants.
Sec. 22-16. Declared to be nuisance.
All noxious weeds and vegetation growing, lying, or located on any land within the city
are hereby declared to be a public nuisance.
(Code 1958, § 8-1002)
Sec. 22-17. Designation and general duties of commissioner.
The City Manager shall appoint a commissioner of noxious weeds and vegetation, who
shall superintend the control and eradication of noxious weeds and vegetation. Assignment of
1
staff to monitor noxious weeds on_public and private property may also be delegated to
appropriate departments in the City.
(Code 1958, § 8-1003)
State law reference - Authority to appoint commissioner of noxious weeds, MSA §
9.631(1).
Sec. 22-18. Notice to destroy and remove - Publication.
The City shall publish in a newspaper of general circulation in the city during the month
of March that noxious weeds and vegetation, as defined in this ordinance, not cut during the
· growing season, namely April 15th through October 15 th of the.given year, may be cut by the
City and the owner of the property charged with the cost thereof. The publication shall contain
the following information:
1) That noxious weeds, grass more than eight (8) inches in height, dead bushes, dead trees and
stumps and bushes and trees infested with dangerous insects or infectious diseases must be
cut and removed from property during the growing season, namely April 15 th through
October 15 th of the given year.
2) That if the owner, agent or occupant refuses to destroy the noxious weeds, the City or its
contractor may enter upon the land and destroy them and remove them.
3) That any expense incurred in the destruction shall be paid by the owner of the land and the
City shall have a lien against the land for the expense, to be enforced as provided by this
article or in the manner of enforcement of tax liens.
4) That any owner who refuses to destroy such material and remove it may be subject to a civil
infraction
5) That the City or its contractor may cut the weeds as many times as is necessary and charge
the cost to the property owner. Unrecovered costs may be placed as a lien on the property
and/or subject to collection proceedings.
Such notice shall state that, for failing to comply with the notice, the City, through its
commissioner of noxious weeds and vegetation, shall have the right to enter upon such lands and
destroy and remove such noxious weeds or vegetation and the City shall have a lien upon such
2
lands for the expense and cost so j ncurred, which shall be levied and collected against the
property in the same manner as general taxes.
Additional notice shall be provided as outlined and adopted by the city commission policy.
(Code 1958, § 8-1003)
Sec, 22-19. Duty of property owner to destroy and remove.
It shall be the duty of every owner or his authorized agent, of any lands in the city, to cut down
or cause to be cut down, pulled out, destroyed and removed all noxious weeds and vegetation
growing, lying or located on such lands, so as to prevent the same from perpetuating themselves
or spreading infectious diseases, or becoming a detriment to public health, during the growing
season as often as may be necessary to prevent them from blooming or reaching a seed-bearing
stage or from spreading infectious diseases. If such owner, or his authorized agent, shall fail to
do so, after notice as provided in section 22-18, he shall be in violation of this section.
(Code 1958, § 8-1005; Ord. No. 1092, § 41 , 8-22-95)
Sec. 22-21. City exempt from action of trespass for entering private land to destroy and
remove.
The City or its contractor shall not be liable in any action of trespass for entering upon
private lands for the purpose of cutting down, destroying, or removing noxious weeds or
vegetation.
(Code 1958, § 8-1004)
This ordinance adopted:
Ayes: She pherd, Si e radzki, Spataro, Aslakson , Benedict, Nielsen,
Schwe i fler
Nayes:_ N_;_o;_ne_;;____ _ _ _ _ __ _ __ _ ____,a_ __ _ _ _ _ _ _ __ _
Adoption Date: May 9, 2000
Effective Date: May 27, 2000
First Reading: April 25, 2000 ::TY OF MUSKEGL
Second Reading: May 9, 2000
Gail A. Kundinger, City C k
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a tme and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 9th day of May, 2000, at which meeting a quomm 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.
DATED: ___M
_a~y_9_ _ _ , 2000
Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on May 9, 2000, the City Commission of the City of Muskegon
adopted an ordinance amending Section II of the Noxious Weed and Vegetation
Ordinance of the city changing notification procedures and lowering the height limit of
noxious vegetation.
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 May 17
-~ - - - - - - -, 2000 CITY OF MUSKEGON
By
Gail A. Kundinger
Its Clerk
--------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
CITY OF
MUSKEGON
CLERK'S
OFFICE
facsimile cover sheet
Fax:
Date: (~-- /'
,.......,, /[
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Re: Pages:
CC:
D Urgent D For Review • Please Comment D Please Reply • Please Recycle
CITY CLERK'S OFFICE OFFICE # (231) 724-6705
FAX # (231) 724-4178
Commission Meeting Date: May 9, 2000
Date: May3,2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C.i)
RE: Vacation of Marsh St.
SUMMARY OF REQUEST:
Request for vacation of Marsh St., between Walton and Myrtle Streets.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends vacation of Marsh St., with the condition that all City easement rights
be retained.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended denial of the vacation of Marsh St. at their
meeting on 4/12/00. The City Commission tabled the request at their 4/25/00 meeting.
5/3/2000
_ CITY OF MUSKEGON
RESOLUTION #2000- 52 ( b)
RESOLUTION TO DENY VACATION OF A PUBLIC STREET
WHEREAS, a petition has been received to vacate Marsh Street, between Myitle and Walton
Streets, City of Muskegon; and
WHEREAS, the Planning Commission held a public hearing on April 12, 2000 to consider the
petition and subsequently recommended denial of the vacation; and
WHEREAS, due notice had been given of said hearing as well as the April 25, 2000 and May 9,
2000 City Commission meetings to consider the recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission does not deem it advisable
for the public interest to vacate and discontinue Marsh St.;
Adopted this 9th day of May, 2000.
Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd,
Sieradzki
Nays: None
Absent: None
Attest:._·_JSl,~~,:!__v,......__~~~.&a.~~~
Gail A. Kundinger, Clerk
CERTIFICATION
I hereby ce11ify 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 May 9, 2000.
Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
- ]
J 1S Sl'J\/lllJM
lSOOOM nt I
0
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
April 12, 2000
Hearing; Case 2000-17: Staff-initiated request to vacate Marsh St., between Walton
and Myrtle Avenues.
BACKG~OUND
The former Vanderlaan School site is the location of a new townhouse development currently
under construction. The site is bounded by Walton, Myrtle, Marsh and Emerald Streets. The
Engineering Department has requested that Marsh St., between Walton and Myrtle be
vacated to limit potential traffic conflicts that might occur from the new development. The
townhouse development does not require access from Marsh St. There is one residence
which fronts on Marsh St. Staff received a phone call from Julie Smith, the resident of that
house, who is concerned with access to her home.
RECOMMENDATION
Staff recommends approval of the vacation.
City of Muskegon Planning Commission - 4/12/00
I EA DRAINAGE STRUCTURE, 1200 HH DIA {MH) STA 0+510 LI. u~:,1.> LI,.,,..,,~~,.~ •. --- _.
154 K4 DRAINAGE STRUCTURE COVER, MODIFIED 4 EA DRAINAGE STRUCTURE, REMOVE. MODlf!ED
IVERTS JOO HH NORTH EAST 8. SOUTH WEST 187.22,
300 MM NORTI-1187.94, TOPCAST 189.62
(PLACE MH OVER EXISTING 300 HH SEWER)
~ Otlo27 RT
~ DRAINAGE STRUCTURE, REMOVE
II. DRAINAGE STRUCTURE, 1200 HH DIA (SANITARY MH)
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'1 SEWER, PVC SCHEDULE 40, 150 HH, TRENCH DETAIL B
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io DRAINAGE STRUCTURE COVER, MOOIFIEO
A.PETRO TAC
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RTS 160 HH EAST 187.94, 200 HH SOUTH !87.79,
PCAST 189,73 (CONECT!ON OF NEW SEWER TO EXISTING
WER IS TO BE MADE WITH FERNCOS AHO WILL BE INCLUDED
THE CO OF THE HEW SEWER)
X X )(
1t I J
½ TA 0+487 RT
H.5 DRIVEWAY 150 HH,
OHRElNFORCED CONCRETE
18 H2 SIDEWALK, REMOVE
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I EA DRAINAGE STRUCTURE, 600 11H, (INLET)
I EA HYDRANT STA. 0+519 LT
I EA. PETRO TAC
WHITE AVE. 6 H SEWER, DIJCTILE IRON CL 52, 300 1111, TRENCH DETAIL B, MODIFIED
222 KG DRAINAGE STRUCTURE COVER, MODlFIEO
I EA. DRAINAGE STRUCTURE, ADJUST CASE I
a
STA. 0+511 LT 0+515 LT I 11 DRAINAGE STRUCTURE, ADJUST ADDTIOHAL DEPTH STA. 0+620 RT
2 EA. PETRO TAC 1 EA DRAINAGE STRUCTURE, REM
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2 EA. DRAINAGE STRUCTURE, AOJIJST CASE 1 I EA CATCH BASIN SPECIAL DETAIL
14 H SEWER, DUCTILE IROH CL 52, 300 Hl1, TRENCH OETAIL 13, MODIFIED
"A 0+471 RT
12 II SEWER, REMOVE
222 KG DRAINAGE STRUCTURE COVER, MOO!FIED
11.5 DRIVEWAY 150 HH,
I EA DRAINAGE STRUCTllRE, TAP, 300 IIH
lNREIHFORCED CONCRETE
HZ SIDEWALK, REMOVE
l~!fl SlEREN8ERG
112 SIDEWALK, COHC, 150 HI\ IIICIW:L lAS!ll-EY ~ES SINGLETO~
150'/o"OOOST.
112 SIDEWALK. COHC, 100 1111.162 wooo.,. 3925EUl'LE
(IS~ W??Ol•.
ljUSlll:GO>IHI U41.t
Of.FT.
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING 4/25/00
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: April 17, 2000
RE: Family Investment Center Tax Returns
SUMMARY OF REQUEST:
To authorize the payment of CPA expenses to BOO Seidman for the preparation of tax returns
for the Family Investment Center Corporation and Partnership. The returns must be prepared
and filed for the Housing Commission separation to proceed. Proposals from two CPA firms
were solicited and are attached for your review and consideration.
FINANCIAL IMPACT:
Approximately $6,000.
BUDGET ACTION REQUIRED:
To authorize this payment out of the Contingency budget of the General Fund.
STAFF RECOMMENDATION:
To approve the request contingent upon the repayment of this expense by the Housing
Commission at the separation closing.
COMMITTEE RECOMMENDATION:
The Jrustees of the Corporation have selected BOO Seidman to prepare the tax returns.
O:COMMON\DEPTMENTu\DMIN\AGNDAFRM
JMS - 0: (FAMILY INVESTMENT CENTER-TAX RETURNS)
801 W. Norton Avenue
'IBDQ BDO Seidman, LLP
Accountants and Consultants Muskegon, Michigan 49441-4155
Telephone, (231) 739-9441
Fax, (231 )733-0031
Mr. John Schrier March 28, 2000
Parmenter O'Toole
P.O. Box786
Muskegon,Michigan 49443-0786
Dear Mr. Schrier:
Re: Family Investment Center Limited Housing Development
Corporation and Family Investment Center Limited
Dividend Housing Association Limited Partnership
This letter is intended to summarize our proposal request for the preparation of tax returns
for the above mentioned taxpayers for the tax years 1996, 1997, 1998 and 1999. We will
address our proposal using the following criteria.
1. Preparation of tax returns (assuming information is readily available).
2. Additional time necessary to accumulate information, if such information is not readily
available.
3. Assistance provided and communications with the Department of Treasury regarding
potential abatement of penalty requests.
We propose that our fees for the preparation of the not-for-profit tax returns for the Family
Investment Center Limited Housing Development Corporation for the years 1996, 1997,
1998 and 1999 and the preparation of the partnership returns for the Family Investment
Center Limited Dividend Housing Association Limited Partnership for the years ended
1996, 1997, 1998 and 1999 to be approximately $5,000, plus out-of-pocket costs.
We propose that in the event that information is not readily available and requires
additional performance of services on our behalf in order to obtain this information, we
will bill our time at a rate of $75 per hour. This will be communicated with you prior to
beginning any additional services and an estimate of our time to perform these services
will be made at that time.
- Services in connection with representation before the Department of Treasury or
communications in an attempt receive penalty abatement will be billed on an hourly basis
at actual time spent at a rate of $125 per hour.
IBDQ
Mr. John Schrier -2- · March 28, 2000
I trust that the above information provides you with the necessary information to further
pursue engagement of these services. We thank you very much for the opportunity to
work with you on this matter. Should you have any questions or would like to discuss this
proposal in further detail, please call.
John Pridnia
das
G:\BD0\048\PROPOSALIFAMILY·INVESlMENT.DOC
,,
BRICKLEY DELONG
CERTIFIED PUBLIC ACCOUNTANTS
1,,,,,,,:,1 ,,· lw!.,111,1.;. (:i'.l April 3, 2000
!,,,.,-;· A ,_,,,,,,,.,. < '/'.·1
Family Investment Center Limited
Dividend Housing Associates, LP
c/o Mr. John Schrier
: I -~',/\Jl//1,,,'J/, (:l'.·I Parmenter O'Toole
175 W. Apple Avenue
P.O. Box 786
Muskegon, Michigan
/'11.'1! ! (iili1,•r!. t.'/'.-1
Dear Mr. Schrier:
1;;. This letter proposes the arrangements for our tax return preparation services, We will prepare
the following partnership tax returns: federal, state, and city for the years ended
December 31, 1996-1999, inclusive, (We are not responsible for returns not included in this
list.) It is your responsibility to provide us with all the information needed to prepare
complete and accurate returns. We will not audit or otherwise verify the data you submit,
although we may ask you to clarify some of it.
The returns will be prepared in accordance with the appropriate tax laws. We will use our
judgment in resolving questions where the law is unclear, or where there are conflicts between
tax authorities' interpretations of the law and other supportable positions. Unless otherwise
instructed by you, we will resolve such questions in your favor whenever possible. However,
you should be aware that the tax. laws provide for a penalty to be imposed when ,a taxpayer
makes a substantial understatement of tax liability. Because a partnership's tax attributes flow
through to its partners, this penalty can potentially be imposed on the partners. We will
discuss with you any tax positions that may increase the risk of exposure to penalties before
completing the returns.
Fees for our tax preparation services will reflect our standard hourly rates plus any out-of-
pocket expenses, but will not exceed $6,000 without prior approval. This proposal assumes
the records are in sufficient condition to allow us to complete our work in less than 80 hours,
If our time exceeds this due to I) the condition of the records, or 2) the cooperation of
accounting personnel is less than adequate, we will promptly notify you of such conditions and
estimate the additional time and fees to complete the work. We will bill you on an interim
basis prior to completion of this engagement. Fees are due upon presentation of our invoice to
you including a $2,000 retainer prior to commencing work on the returns.
• •. ,,,/• ,. 1 '.',,:-,1 •/'I/ /iux ,,,,,, • .\/11>£'!',L!UI/ . .\fl -1').j.J_-i
'• ,J /'/ll!,\/.'o<,{'.1:,-. !'
BRICKLEY DELoNG
Family Investment Center Limited
Dividend Housing Associates, LP
April 3, 2000
Page 2
The partnership's returns are subject to examination by the taxing authorities. In the event of an
audit, you may be requested to produce documents, records, or other evidence to substantiate the
items of income and deduction shown on a return. If an examination occurs, we will represent the
partnership if you so desire; however, these additional services are not included in our fee for
preparation of the returns.
Although we are available to provide the partnership with tax planning advice, we are not obligated
to do so unless you specifically request it. Our policy is to put all tax planning advice in writing.
Therefore, you should not rely on any unwritten advice because it may be tentative and not yet
fully reviewed.
Certain communications involving tax advice between you and our firm may be privileged and not
subject to disclosure to the Internal Revenue Service. By disclosing the contents of those
communications to anyone, or by turning over information about those communications to the
government, you may be waiving this privilege. To protect your rights, please consult with us or
your attorney prior to disclosing any information about our tax advice.
If the tax services and terms outlined above are in accordance with your understanding of our
engagement, please sign this letter in the space provided and return it in the enclosed envelope with
the $2,000 retainer. We appreciate this opportunity to serve you. If you have any questions or
need any additional information, please do not hesitate to call.
Donald E. Swick, CPA
Accepted:
By: - - - - - - - - - - - - - - - Date:
Title: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Date: May 9, 2000
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Notice of Intent Resolution-Sidewalk Assessment Bonds
SUMMARY OF REQUEST: Later this year it is expected the City will sell sidewalk
special assessment bonds (in an amount not to exceed $2,000,000) to finance ongoing
sidewalk improvements throughout the City. The first step in this process is adoption of the
attached resolution. This "Notice of Intent" resolution notifies the public of the City's intent to
issue bonds. Upon adoption of this resolution public notice will be placed in the Muskegon
Chronicle advising citizens that wateF-FeveA1:1e- bonds will be issued without referendum
unless a petition requesting an election is filed with the City Clerk within forty-five (45) days.
The petition must be signed by at least ten percent of the City's registered voters.
FINANCIAL IMPACT: The only immediate cost associated with this action is the cost of
publication in the Chronicle.
BUDGET ACTION REQUIRED: None at this time. The cost of the newspaper
publication can be covered within the current budget. Once bonds are sold, debt service
costs will be paid by special assessments for the life of the bonds (10 years).
STAFF RECOMMENDATION: Approval of the attached resolution.
COMMITTEE RECOMMENDATION: There is no committee recommendation for
this item.
9/18/97
Founded in 1852 MICHIGAN: Ann Arbor
by Sidney Davy Miller
Sidney T. Miller ( 1864-1940)
MILLER Detroit • Grand Rapids
Howell • Kalamazoo
Lansing• Monroe • Troy
George L. Canfield ( 1866-1928)
Lewis H. Paddock (1866-1935)
Fwis D. Stone (1882-1945)
CANFIELD New York, N.Y.
Washington, D.C.
POLAND: Gdynia
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
Katowice • Warsaw
150 West Jefferson, Suite 2500 AFFILIATED OFFICE:
Detroit, Michigan 48226 Pensacola, FL
JOELL. PIELL
TEL, (313) 496-7518 TEL: (313) 963-6420
FAX, (313) 496-8450 FAX: (313) 496-7500
E-MAIL: picll@millercanfield.com
www.millercanfield.com
April 4, 2000
Mr. Timothy J, Paul
Finance Director
City of Muskegon
933 Ten-ace St
PO Box 536
Muskegon,MI 49443-0536 Via Overnight Delivery
Dear Tim:
In connection with the City's proposed special assessment bonds, I am sending
you a Notice of Intent Resolution which speaks to the issuance of bonds in an amount not
to exceed $2,000,000, As you will recall, the notice of intent which is found in the
resolution must be published once in large point type as a display ad taking up no less
than one-quarter of the page upon which it appears. I would ask that you return to me
three certified copies of the resolution and three affidavits of its publication.
The resolution will also authorize the filing of a Notice of Intent to Issue an
Obligation with the Municipal Finance Division which may be executed either by the
City Clerk or yourself. By copy of this letter, I would ask Wan-en to prepare the Notice
of Intent to Issue an Obligation form and send it off to you for signature. Thereafter, I
would ask that you send it to me along with a check made payable to the State of
Michigan in the amount of$400. I will also need certified copies of the resolution to file.
I can draft the Building Authority resolutions once I receive the bond specs from
WaiTen and a project description from you. I should also have the name of the consulting
architects or engineers and if possible a legal description of the site.
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
Mr. Timothy J. Paul -2- April 4, 2000
Should you have any questions concerning this, please let me !mow.
Very truly yours,
MILLER, CAN EL , PADDOCK AND STONE, P.L.C.
By: _ ____,_--"':::.._-+"--'__,.,------------
Joel L. Piell
cc: Mr. Warren M. Creamer, III
DELIB:2144932.11063684-00030
NOTICE OF INTENT RESOLUTION
City of Muskegon
County of Muskegon, Michigan
Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County
of Muskegon, Michigan (the "City") held on May _9_, 2000, at 5:30 o'clock p.m., Eastern
Daylight Time.
PRESENT: Members Benedict, Nielsen. Schweifler, Shepherd, Sieradzki,
Spataro, Aslakson
ABSENT: Members -None
-'-'-"-'-"'----------------------
The following preamble and resolution were offered by Member ___,_,Ac,cs2cla"'k'-"s'-"oiln_ _ __
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~ and supported by Member Shepherd
i
6 WHEREAS, the City Commission of the City intends to authorize the issuance of special
§
~
~ assessment bonds for the purpose of defraying part of special assessment districts' share of the
ii:
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,~ cost in connection with certain public improvements in the City;
AND WHEREAS, notice of intent to issue bonds must be published at least forty-five
(45) days before the issuance of the same in order to comply with the requirements of Section
5(g) of Act 279, Public Acts of Michigan, 1909, as amended;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Clerk is hereby authorized and directed to publish a notice of intent to
issue bonds in the Muskegon Chronicle, a newspaper of general circulation in the City, as a
display advertisement at least one-quarter page in size.
2. Said notice of intent so published shall be in substantially the following form:
OFFICIAL NOTICE TO ELECTORS AND TAXPAYERS
OF THE CITY OF MUSKEGON
OF INTENT TO ISSUE BONDS SECURED BY THE TAXING
POWER OF THE CITY AND RIGHT OF REFERENDUM THEREON
PLEASE TAKE NOTICE that the City Commission of the City of Muskegon, County of
Muskegon, Michigan, intends to issue special assessment bonds of the City, in total principal
amount of not to exceed $2,000,000 for the purpose of defraying part of special assessment
districts' share of the cost of street and related improvements in the City. Said bonds shall
mature serially in not to exceed twenty (20) annual installments with interest payable on the
unpaid balance at a rate of not to exceed 8% per annum or such higher rate as may be permitted
by law.
SOURCE OF PAYMENT OF BONDS
THE PRINCIPAL AND INTEREST OF THE SPECIAL ASSESSMENT BONDS shall
be payable primarily from collections of an equal amount of special assessments and the bonds
':i shall also pledge the limited tax full faith and credit of the City of Muskegon.
~
'ii
~ IN CASE OF THE INSUFFICIENCY OF THE SPECIAL ASSESSMENTS, THE
!! PRINCIPAL AND INTEREST ON SAID BONDS SHALL BE PAYABLE FROM THE
§ GENERAL FUNDS OF THE CITY LAWFULLY AVAILABLE FOR SUCH PURPOSE.
~
~ RIGHT OF REFERENDUM
I~ THE BONDS will be issued without vote of the electors unless a PETITION requesting
" an election on the question of issuing either or both series of bonds, signed by not less than 10%
OF THE REGISTERED ELECTORS in the City, or 15,000, whichever is the lesser, is filed
with the City by depositing with the City Clerk WITHIN FORTY-FIVE (45) DAYS after
publication of this notice. If such a petition is filed, the bonds affected cannot be issued without
an approving vote by a majority of electors voting on the question.
THIS NOTICE is given pursuant to the requirements of Section 5(g) of Act 279, Public
Acts of Michigan, 1909, as amended. Further information concerning the matters set out in this
notice may be secured from the City Clerk's office.
Gail Kundinger
City Clerk
-2-
3. The City Commission does hereby determine that the foregoing form of notice of
intent to issue bonds and the manner of publication directed is adequate notice to the electors
and taxpayers of the City and is well calculated to inform them of the intention of the City to
issue the bonds, the purpose of the bond issues, the security for the bonds, and the right of
referendum of the electors with respect thereto under all of the circumstances, and that the
provision of forty-five (45) days within which to file a referendum petition is necessary and
adequate to insure that the City's electors may exercise their right of referendum with respect to
the bonds.
4. The City Clerk or Finance Director be and are each hereby authorized to file a
(.)
_j
~ Notice of Intent to Issue an Obligation along with the appropriate filing fee with the Michigan
z
~
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~ Depaiiment of Treasury or to file for approval with the Michigan Department of Treasury.
I
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! 5. All resolutions and parts of resolutions insofar as they conflict with the provisions
~
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2
of this resolution be and the same hereby are rescinded.
AYES: Members Benedict , Nie l sen, Schweifl er , Shepherd, Spataro,
Asl akson
NAYS: Members
-None
- --~- - -- - -- - - -- - - -- - --
RESOLUTION DECLARED ADOPTED.
~,J_O,~~~
. City Clerk
-3-
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on May _.2._, 2000, and that said meeting was conducted and public notice
of meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act
267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be
or have been made available as required by said Act.
~ o.L . CityClerl~
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DELIB:2144842.1\063684-00030
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CITY OF
MUSKEGON
CLERK'S
OFFICE
facsimile cover sheet
Fax:
Date:
Re: Pages:
CC:
D Urgent • For Review D Please Comment • Please Reply D Please Recycle
CITY CLERK'S OFFICE OFFICE # (231) 724-6705
FAX # (231) 724-4178
!}
)l6./J,,Zi'-
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0-!'1,Jl - Jf-UO,,,?,/../_.,,
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OFFICIAL NOTICE TO ELECTORS AND TAXPAYERS
-OF THE CITY OF MUSKEGON
OF INTENT TO ISSUE BONDS SECURED BY THE TAXING
POWER OF THE CITY AND RIGHT OF REFERENDUM THEREON
PLEASE TAKE NOTICE that the City Commission of the City of Muskegon, County of
"lvfuskegon, Michigan, intends to issue special assessment bonds of the City, in total principal
amount of not to exceed $2,000,000 for the purpose of defraying part of special assessment
districts' share of the cost of street and related improvements in the City. Said bonds shall
mature serially in not to exceed twenty (20) annual installments with interest payable on the
unpaid balance at a rate of not to exceed 8% per annum or such higher rate as may be permitted
bylaw.
SOURCE OF PAYMENT OF BONDS
THE PRINCIPAL AND INTEREST OF THE SPECIAL ASSESSMENT BONDS shall
be payable primarily from collections of an equal amount of special assessments and the bonds
~ shall also pledge the limited tax full faith and credit of the City of Muskegon.
~
w
~ IN CASE OF THE INSUFFICIENCY OF THE SPECIAL ASSESSMENTS, THE
~ PRINCIPAL AND INTEREST ON SAID BONDS SHALL BE PAYABLE FROM THE
g GENERAL FUNDS OF THE CITY LAWFULLY AVAILABLE FOR SUCH PURPOSE.
~
I
"'
RIGHT OF REFERENDUM
THE BONDS will be issued without vote of the electors unless a PETITION requesting
i an election on the question of issuing either or both series of bonds, signed by not less than 10%
OF THE REGISTERED ELECTORS in the City, or 15,000, whichever is the lesser, is filed
with the City by depositing with the City Clerk WITHIN FORTY-FIVE (45) DAYS after
publication of this notice. If such a petition is filed, the bonds affected cannot be issued without
an approving vote by a majority of electors voting on the question.
TffiS NOTICE is given pursuant to the requirements of Section 5(g) of Act 279, Public
Acts of Michigan, 1909, as amended. Further information concerning the matters set out in this
notice may be secured from the City Clerk's office.
Gail Kundinger
City Clerk
Affirmative Action
616/724-6703
FAX/722-1214
Assessor
616/724-6708
FAX/724-4178
Cemetery
616/724-6783
FAX/726-5617
Civil Service
616/724-6716
FAX/724-6790 West Michigan's Shoreline City
Clerk
616/724-6705
FAX/724-4178
Comm. & Neigh.
Services
616/724-6717
FAX/726-2501
Engineering
616/724-6707
June 6, 2000
FAX/727-6904
Finance
616/724-6713
FAX/724-6768 Mr. Joel L. Piell
Fire Dept.
Miller, Canfield, Paddock
616/724-6792 and Stone, P.L.C.
FAX/724-6985
150 W. Jefferson, Suite 2500
Income Tax Detroit, MI 48226
616/724-6770
FAX/724-6768
Dear Mr. Piell:
Info. Systems
616/724-6975
FAX/724-6768 Enclosed are three certified copies of the resolution and affidavits of publication
Leisure Service which were adopted by the City Commission May 9, 2000.
616/724-6704
FAX/724-6790
If you have any questions, please call me at (231) 724-6705.
Manager's Office
616/724-6724
FAX/722-1214 Thank you,
Mayor's Office
616/724-6701
FAX/722-1214
/2~ac½,
V/ f(1
(/C
Neigh, & Const. Linda Potter
Services
616/724-6715 Deputy City Clerk
FAX/726-2501
Planning/Zoning Enc.
616/724-6702
FAX/724-6790
Police Dept.
616/724-6750
FAX/722-5140
Public Works
616/724-4100
FAX/722-4188
Treasurer
616/724-6720
FAX/724-6768
Water Dept.
616/724-6718
FAX/724-6768
Water Fillration
6 I 6/724-4106
F AX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Founded in 1852 MICHIGAN: Ann Arbor
by Sidney Davy Miller
Sidney T. Miller (1864-1940)
MILLER Detroit • Gr3nd Rapids
Howell • Kalamazoo
Lansing• Monroe • Troy
George L. Canfield ( 1866-1928)
Lewis H. Paddock (1866-1935)
Ferris D. Stone (1882-1945)
CANFIELD NewYork,N.Y.
Washington, D.C.
POLAND: Gdynia
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
Katowice• Warsaw
150 West Jefferson, Suite 2500 AFFILIATED OFFICE:
JOELL. PIELL Detroit, Michigan 48226 Pensacola, FL
TEL: (313) 496-7518 TEL: (313) 963-6420
FAX: (313) 496-8450
E~MAIL: piell@millercanfield.com
FAX: (313) 496-7500
www.millercanfield.com
June 9, 2000
Mr. Timothy J. Paul
Finance Director
City of Muskegon
933 Terrace St
PO Box 536
Muskegon,MI 49443-0536
Dear Tim:
Just a note to let you know that I have received your mailing of the notice of
intent, check and Linda Potter's mailing of the notice of intent resolution and affidavit of
publication of the notice. I have on date even herewith filed the application with the
Municipal Finance Division.
By copy of this letter to Linda Potter, I am sending a No Petition Certificate which
I would ask be executed no sooner than 45 days following the publication of the notice on
nd
May 22 • I believe the referendum period will expire at the close of business on Friday,
July i\ the therefor the Certificate may be signed on July 1oth • I would ask that all three
copies of this be returned to me.
LD, PADDOCK AND STONE, P.L.C.
cc: Ms. Linda Potter
Mr. Warren M. Creamer, III
DELIB:2160956.11063684-00030
Commission Meeting Date: May 9, 2000
Date: May 3, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Sale of Vacant Land on Miner Street in Lakeside
SUMMARY OF REQUEST:
To approve the sale of the property described as map number 24-30-34-429-006 to ~
Ingalls II of 110 John Ave for $15,500. The parcel is 150 feet X 205 feet, and as such
will be split to make two lots for the construction of two single family homes having 75
feet of frontage each. The appraised value of each parcel is $4,500 for a total
minimum bid price of $9,000.
Mr. Ingalls submitted the high bid of three bids submitted for this property. The other
bidders were as follows: Mr. Patrick J. Mason of 3032 Farr Road, Fruitport, Michigan
($9,260) and Mr. Mark Anderson of 2140 McCracken Street ($9,000). All bidders were
notified of the meeting and asked to be prepared to answer questions from the
Commission.
FINANCIAL IMPACT:
The sale of the property will allow the City to collect taxes on the two new homes and
relieve the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the sale, as well as, authorization for both the Mayor and
the Clerk to sign the attached resolution and deed.
COMMITTEE RECOMMENDATION:
None.
5/3/2000
ResolutionNo. 2000-53(b)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF VACANT LAND IN LAKESIDE FOR THE
CONSTRUCTION OF TWO SINGLE FAMILY HOMES.
WHEREAS, Bill Ingalls has submitted a bid of $15,500 for map# 24-30-34-429-006;
WHEREAS, the sale would enable the City to place these prope1iies back on the tax rolls, and
would relieve the City of further maintenance costs;
WHEREAS, Mr. Ingalls has agreed to the terms of sale which stipulate that the prope1iy be
developed for two single-family residences within 18 months from the date of sale;
NOW THEREFORE BE IT RESOLVED, that map # 24-30-34-429-006 be sold to the
aforementioned buyer.
(E. 150 ft. ofN 205 ft Lot 2 Blk 676)
Adopted this 9th day of May, 2000
Ayes: Nielsen, ·Schweifler, Shepherd, Spataro, Aslakson, Benedict
Nays: None
Absent Sieradzki (stepped out)
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on May 9, 2000.
-~----~- -~------~ -~-~-~--- -
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Tuesday, April 11, 2000
Patrick J. Mason
3032 Farr Rd.
Fruitport, MI 49415
231-865-64 25
Parcel: E 150 Feet of the North 205 feet Lot 2 Blk 676. Map# 24-30-34-429-006
Bid $9,260
I propose to construct a single family dwelling for my own residence and
another single family dwelling as per your conditions (18 mos.).
I am a retired residential builder.
-"~
--":,J.line Construction Services Inc.
2140 McCracken St., Muskepn. MI 49441
231-759-3178 231-206-1250
To: Muskegon City Commission
April 10,2000
Re: Lot "E 150 feet of the N 205 feet Lot 2 BLK 676, map # 24-30-34429-006"
Commissioners,
I am submitting this bid for the described lot. My bid is for the mii::mum bid cost
ofNine TI1ousand and 00/100 dollars ($9000.00). I am writing this accom;anying letter
as I will not be able to attend the meeting on April 25th, at the time you \'\i:I decide. I
will be away on 15 days of annual training for the Air Force National Guar.:. My wife
Kim will be the person to contact in my absence of April 20 through May S. (Kims
Canine Dee-signers 759-8216)
Attached are samples of the style of homes I would build. Also, I = submitting a
site plan for an alternative to building 2 homes. This alternative is merely l thought and
in no way lessens my desire to purchase. You will also find a copy of my 3uilders
License.
Please consider the following:
• I am an experienced, licensed builder
• Offer is a cash offer
• Minimum bid was offered as the property wil: likely need some lands=ing
improvements done to make the homes "marketable" and because of it> ~lose
proximity to Sappi
• I will break ground for the first unit NL T 6-5--:-o. and NL T 9-4-00 for ::e second
· Mark D. Anderson
i'Z'Wiine Construction Services Inc.
2140 McCracken St, Muskegon, MI49441
231-759-3178 231-206-1250
To: Muskegon City Commission
April I 0, 2000
Re: Lot "E 150 feet of the N 205 feet Lot 2 BLK 676, map# 24-30-34-429-006"
Commissioners,
I am submitting this bid for the described lot. My bid is for the minimum bid cost
of Nine Thousand and 00/100 dollars ($9000.00). I am writing this accompanying letter
as I will not be able to attend the meeting on April 25th, at the time you will decide. I
will be away on 15 days of annual training for the Air Force National Guard. My wife
Kim will be the person to contact in my absence of April 20 through :\fay 8. (Kirns
Canine Dee-signers 759-8216)
Attached are samples of the style of homes I would build. Also, I am submitting a
site plan for an alternative to building 2 homes. This alternative is merely a thought and
in no way lessens my desire to purchase. You will also find a copy of my Builders
License.
Please consider the following:
• I am an experienced, licensed builder
• Offer is a cash offer
• Minimum bid was offered as the property will likely need some la::idscaping
improvements done to make the homes ·'marketable" and because of its close
proximity to Sappi
• I will break ground for the first unit NL T 6-5-00. and NLT 9--l--00 for the second
Mark D. Anderson
This comfortable home presents an impressive
facade, with its large and inviting front window
arrangement.
A step down from the front entry, the Great Room
boasts a 12-ft. vaulted ceiling with a barrel-vaulted
area that outlines the half-round front window. The
striking angled fireplace can be enjoyed from the
adjoining dining area.
The galley-style kitchen hosts a half-round cutout
above the sink and a breakfast area that accesses
a backyard deck and patio. The kitchen, breakfast
area and dining area also are enhanced by 12-ft.
vaulted ceilings.
The master bedrcom features a boxed-out window,
a walk-in closet and a ceiling that vaulls to 12 feet.
The private bath includes a garden tub, a separate
shower and a private toilet compartment.
Another full bath serves the two remaining
bedrooms, one of which has sliding glass doors to
the deck and would make an ideal den.
Bedrooms: 2.5 Baths: 2 Full
Living Area:
Floors 1 -"18'-0"
Main floor 1368 sq. ft.
Other floors 0 sq. ft.
Total Living Area 1368 sq. ft.
1368 sq. ft.
Standard basement
Footprint:
Width 48 ft.
-=
E'f:PROCM
'"'O'' ,a'6"
Depth 48 ft.
Exterior Wall Framing: 2x4
Foundation Options:
Full Basement :~
Plan Category: ,'.::1 :I
Contemporary
Traditional
Transitional
[:i==i""'-,,i----11
Plan Style:
Country/Farmhouse
Ranch
Special Features:
Fireplace
Patio OININCi
Den/library/Office
Great Room
Main Floor Master Bedroom
Designer: Lifestyle Homedesign Services
(All plans can be built with your choice of
foundation and framing. A generic conversion .-:...:f:AfROOM
~0" •'8'0''
diagram is available.)
BLUEPRINT PRICE CODE: A
The charm of yesteryear's front porch is brought
Into contemporary focus with a unique sun
porch/breakfast room.
This stylish home offers other dramatic spaces,
including a large vaulted living and dining room
combination. From the entryway, you can view the
massive corner fireplace, the rear deck through
sliding glass doors, and the railed stairway to the
basement.
The master bedroom is alsO vaulted and comes
with its own deck access. Double walk-in closets
and a private bath with plantshelf and windows
above the tub are other extras.
Also included in the plan is a second bedroom or
·den, an additional bath and a convenient laundry
facility .
. Bedrooms: 1.5 Baths: 2 Full
Living Area:
Floors 1
Main floor 1421 sq. ft.
Other floors Osq. ft.
Total Living Area 1421 sq. ft.
Standard basement 1421 sq. ft.
Footprint:
Width 43ft.
Depth 57 ft.
Exterior Wall Framing: 2x4
IIIUII\
Foundation Options:
Full Basement
Plan Category:
Traditional
Transitional
Plan Style:
Ranch
Special Features:
Fireplace
Deck
Den/Library/Office
;
Main Floor Master Bedroom
Designer: Lifestyle Homedesign Services
(All plans can be built with your choice of
foundation and framing. A generic conversion
I, -
H•M
"'
••hl().Q 1,,
i
diagram is available.)
BLUEPRINT PRICE CODE: A
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Compact and affordable, this home is designed for
today's young families.
The Great Room features comer windows, an
impressive fireplace and a 12-ft.-high vaulted
ceiling.
The kitchen/dining room combination offers space
for two people to share food preparation and
clean-up chores.
The master suite is impressi\/e for a home of this
size, and includes a CO'Z'f window seat, a large
walk-in closet and a private bath.
Another full bath seives the remainder of the main
floor. The optional third bedroom could be used as
·a den or as an expanded dining area.
Bedrooms: 2.5 Baths: 2 Full
. Living Area:
Floors 1
Main floor 1016 sq. ft.
Other floors 0 sq. ft.
Total Living Area 1016 sq. ft.
Standard basement 0 sq. ft.
Footprint:
Width 36 ft.
Depth 30 ft.
Exterior Wall Framing: 2x4
Foundation Options:
Slab
Plan Category:
Contemporary
Traditional
Transitional
Plan Style:
Cost Effective
Special Features: ""
Fireplace ii Kll'Cl-teN/ ~--
t?ININu ' tJl"N e'i:tT,:_,--,QM 2
Deck 12'0",12'0" ·< r-o" , 10'0'' l!>'C' , 10'0''
Den/Library/Office
Great Room
Main Floor Master Bedroom
Designer: Lifestyle Homedesign Services
(All plans can be built with your choice of
foundation and framing. A generic conversion L/
A,
diagram is available.)
BLUEPRINT PRICE CODE: A il\111
0 uli:l::AfRO.'JM
!~'8" ,l~'C"
MA5ffie
0
Bt:'=OROC'VI
1-1'0'' ,ll'C'"
111/i
111\1
Affordability along with many amenities make this
a winning one-story design.
Wood shingles complement the gabled roofline, a
column graces the covered front entry and a
charming planter accents the paned-glass front
windows.
The interior gets off to a great start with a vaulted
entry. A boxed wood beam spans the opening to
the living room, which has a 13-11. vaulted ceiling, a
corner fireplace and sliding glass doors opening to
a lovely patio.
The dining room also enjoys a 13-ft. vaulted ceiling
and sliding doors. The vaulted kitchen features a
snack counter with an overhead plant shelf facing
the dining room. A handy laundry area is
concealed behind double doors.
The sizable master suite boasts corner windows
and a compartmentalized bath with a walk-in
closet.
The second bedroom has easy access to a hall
bath. Double doors topped by a plant shelf open to
the den or third bedroom.
48'-Qli
Bedrooms: 2.5 Baths: 2 Full
Living Area:
Floors 1
Main floor 1159 sq. ft.
Other floors 0 sq. ft.
Total Living Area 1159 sq. ft.
Standard basement Osq. ft.
Footprint:
Width 48 ft.
Depth 42 ft.
Exterior Wall Framing: 2x4
Foundation Options: L.IVING
l;!i-'6'' xJB'-4''
Slab
Plan Category:
Traditional
Transitional
Plan Style:
Ranch
Special Features:
!"lfl7ROO ~t:'ROO ,E%-i1'RY
Fireplace 11'0" x 10'0'" 5 -,;·0 11 xlO'
Patio
Den/Library/Office (""
Main Floor Master Bedroom
Designer: Lifestyle Homedesign Services
(All plans can be built with your choice of
foundation and framing. A generic conversion
diagram is available.)
BLUEPRINT PRICE CODE: A
An excellent design for a young family or an
empty-nest couple.
This design is an economicial, affordable size, but
Includes the amenities today's homeowners are
looking for.
The large country-style kitchen includes a sunny
breakfast nook, garden window over the sink and a
pantry.
The master bedroom Includes a private bath and
large walk-in closet.
Living and dining rooms flow together to make an
impressive open space for family gatherings or
entertaining.
Optional third bedroom would make a convenient
home office.
· Bedrooms: 2.5 Baths: 2 Full
Living Area:
Floors 1
Main floor 1199 sq. fl
Other floors 0 sq. ft.
Total Living Area 1199 sq. fl
Standard basement Osq. ft.
Footprint: 40'-0-
Width 40ft. pal.in
Depth 55 ft.
Exterior Wall Framing: 2x5
Foundation Options:
Crawlspace Dining
10/0 x ll/0
Llving ~c
JJ 6 I 19/6, , .~~<
j
'I
Master
11/8 X 13/IO :.
Plan Category:
~,j
Contemporary i
Traditional
Plan Style:
Ranch
Special Features:
Fireplace
Patio
Main Floor Master Bedroom
Designer: Columbia Design Group
(All plans can be built with your choice of
foundation and framing. A generic conversion
diagram is available.)
BLUEPRINT PRICE CODE: A
HARRISON "AllEY''
Unit #3 and optional structure
Option; I is an alternative to doing
#3 100' 100' suuctu •e 1
iust two single lamilv homes.
Plan still meets the requirement
.
15'------------------------·-----
-·-··-------- ---
15' ----------------------------
------- .
"buildable lots".
105' 105'
#2 #1
'
MINER STREET
QUIT-CLAIM DEED
(CORRECTED)
KNOW ALL MEN BY THESE PRESENT that the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street,
Muskegon, MI 49440,
QUIT CLAIMS to Bill Ingalls, II, a married man, of 110 John Avenue, Muskegon, MI 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, and State of Michigan, to wit:
Lot 2, except the South 59.25 feet thereof,
also except the West 15 feet of the North 205 feet thereof,
Block 676 of the Revised Plat of 1903;
for the sum ofFifteen Thousand Five Hundred ($15,500) Dollars.
PROVIDED, HOWEVER, Grantee, or his assigns, shall commence construction of two homes on the premises herein conveyed
within eighteen (I 8) months after date hereof. In default of such construction, title to the premises herein conveyed shall revert to the
City of Muskegon free and clear of any claim of Grantee or his assigns; and, in addition thereto, the City of Muskegon may retain the
consideration for this conveyance free and clear of any claim of Grantee or his assigns. "Commence construction" means I) the
issuance of a residential building petmit by the City of Muskegon; and, 2) in the sole opinion of the City of Muskegon's Director of
Inspections, twenty-five (25%) percent completion of the dwelling described in the said building permit.
This deed is subject to a covenant by the Grantee and all persons claiming under and after Grantee that no more than two residences
shall be constructed on the property, which shall be divided into two lots fronting on Miner Street only. This covenant runs with the
land. Violation of this restriction shall result in reversion of title to the Grantor.
In the event of reversion of title of the above described premises, improvements made thereon shall become the property of the
Grantor.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).
This deed is given to correct a certain Quit-Claim Deed recorded at Liber _ _ _ _, Page _ _ ____, which was intended by the
parties to contain the above covenants.
Dated this _ _ _ day of _ _ _ _ _ _ _ _ , 200!.
Signed in the presence of: CITY OF MUSKEGON, a municipal corporation
By·-,-,:.¥==,zc::::._i-.-----1.L..4J&'.r.:~-=------
Fred J. Nielsen, I
and ba-L
Gail A. Kundinger, Its Clerk
G:\edsi\Files\00100\1647\D EED-Q Ul\9K8752. DOC
ii~-
STATE OF MICHIGAN
COUNTY OF MUSKEGON
d/s-f
The foregoing instrument was acknowledged before me this day of J1,111 ·e: 2001, by FRED J. NIELSEN
and GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the
City.
PREPARED BY:
G. Thomas Johnson
Parmenter O'Toole Notary Public, Muskegon County, Michigan
P.O. Box 786 My commission expires: _'l~·-~d~.=S-
__o~~~------
Muskegon, MI 49443-0786
Telephone: (231) 722-1621 When Recorded Return to: Grantee
Send Subsequent Tax Bills to: Grantee
G:~edsi\Flles\00100\1647\OEED.Q U1\9 K87 52. DOC
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENT: That the CITY OF MUSKEGON, a municipal corporation, whose address is 933 Terrace
Street, Muskegon, MI 49440,
QUIT CLAIMS to Bill Ingalls II., a married man, ofll0 John Ave, Muskegon, MI 49442
The following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
Lot 2, except the South 59.25 feet thereof, also except the West 15 feet of the North 205 feet thereof,
Block 676 of the Revised Plat of 1903
for the sum of Fifteen thousand five hundred ($15,500.00) Dollars.
PROVIDED, HOWEVER, Grantee, or her assigns, shall commence construction of two homes on the premises herein conveyed
within eighteen ( 18) months after date hereof. In default of such construction, title to the premises herein conveyed shall revert tot the
City of Muskegon free and clear of any claim of Grantee or her assigns; and, in addition thereto, the City of Muskegon may retain the
consideration for this conveyance free and clear of any clciim of Grantee or her assigns. "C9mmence construction)' means I) the
issuance of a residential building permit by the City of Muskegon; and 2) in the sole opinion of the City of Muskegon's Director of
Inspections, twenty-five (25%) percent completion of the dwelling described in the said building permit.
In the event of reversion of title of the above described premise, improvements made thereon shall become the property of the
Grantor.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).
Dated t h i s ~ day of May 2000
Signed in the presence of:
CITY OF MUSKEGON
/o rt-er
By~~~
Fredl i ~en, Its Mayor
'=61' ~ K'fa.J<!n,.,s\,{;
'SD A,.,.. l<,..,ul<t:,w~\lj
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this 30f/2day of May 2000, by FRED J. NIELSEN and GAIL A.
KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY:
G. Thomas Johnson
~ g S.J /o
J./nc/c,
, 7"l'·f'r
~
Parmenter O'Toole Notary Public, Muskegon County, Michigan
P.O. Box786 My commission expires: ,Y- cl .S-- o .;>.,
Muskegon, MI 49443-0786
Telephone: (231) 722-1621 When Recorded Return to: Grantee
Send Subsequent Tax Bills to: Grantee
I
TRANSNATION TITLE INSURANCE CO
570 SEMINOLE ROAD, SUITE 102
MUSKEGON MI 49444
Date: June 12, 2001
Escrow Number: 415252
•roperty Address: 2429 Harrison
Muskegon, Michigan 49444
S E L LE R ' S STATEMENT
DEBIT CREDIT
Purchase Price I$ 1$ 15,500.00
I I
I I
EXISTING LOAN I I
Deposit of earnest money I I
CLOSING FEES I 150.00 I
OWNERS PREMIUM I 190.00 I
Real Estate Conmission I I
Sub Total 1$ 340.00 1$ 15,500.00
Amount due Setler 1$ 15,160.00 I
TOTALS 1$ 15,500.00 1$ 15,500.00
*********************************************************************************************************************************
The undersigned Sellers acknowledge Receipt of a copy of this
statement and agree to the correctness thereof, and ratifies
the disbursement of the funds as stated therein.
Seller(s) Signature(s):
'
Planner
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made May 9, 2000 by and between the CITY OF
MUSKEGON , a municipal corporation, with offices at 933 Terrace Street,
Muskegon, Michigan 49440 ("Seller"), and Bill Ingalls II ("Buyer"), of 110 John
Avenue, Muskegon, Ml 49441.
1. General Agreement and Description of Premises. Seller agrees to sell,
and Buyer agrees to buy, marketable record title of real estate, and all improvements
thereon, with all beneficial easements, the real property located in the City of
Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as:
Lot 2, Except the South 59.25 feet thereof, also except the West 15 feet of the
North 205 feet thereof, Block 676 of the Revised Plat of 1903
Subject to the reservations, restrictions and easements of record, provided said
reservations, restrictions and easements of record are acceptable to Buyer upon
disclosure and review of the same, and subject to any governmental inspections
required by law.
2. Purchase Price and Manner of Payment. The purchase price for the
Premises shall be Fifteen thousand five hundred Dollars ($15,500), payable in cash
or certified funds, to Seller at Closing.
3. Taxes and Assessments. All taxes and assessments which are due
and payable at the time of Closing shall be paid by Seller prior to or at Closing. All
taxes and special assessments which become due and payable after Closing shall be
the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10)
days prior to closing, a commitment for title insurance, issued by Transnation Title
Insurance Company, for an amount not less than the purchase price stated in this
Agreement, guaranteeing title on the conditions required herein. In the event the
reservations, restrictions or easements of record disclosed by said title commitment is,
in the sole discretion of Buyer, deemed unreasonable, Seller shall have forty-five (45)
days from the date Seller is notified in writing of such unreasonableness of restriction
and such unmarketability of title, to remedy such objections. If Seller resolves such
restrictions and remedies the title (by obtaining satisfactory title insurance or otherwise)
within the time specified, Buyer agrees to complete this sale as herein provided, within
ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title
insurance, this Agreement will be terminated at Buyer's option. The premium for the
owners title policy shall be paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges
that, as part of the consideration inuring to the City, Buyer covenants and agrees to
construct on the premises a single family home, up to all codes, within eighteen (18)
months of the closing of this transaction. The home shall be substantially completed by
that time and, in the event said substantial completion has not occurred, in the sole
judgement of the City, the property and all improvements then installed shall revert in
title to the City, without any compensation or credit to Buyer. Buyer further covenants
that the home shall be owner occupied for five (5) years after the closing. The
covenants in this paragraph shall survive the closing and run with the land.
6. Survey. Buyer, at its own expense, may obtain a survey of the Premises,
and Buyer or its surveyor or other agents may enter the Premises for that purpose
prior to Closing. If no survey is obtained, Buyer agrees that Buyer is relying solely
upon Buyer's own judgment as to the location, boundaries and area of the Premises
and improvements thereon without regard to any representations that may have been
made by Seller or any other person. In the event that a survey by a registered land
surveyor made prior to closing discloses an encroachment or substantial variation from
the presumed land boundaries or area, Seller shall have the option of effecting a
remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Environmental Matters. Seller represents to Buyer that to the best of
Seller's knowledge, the Premises have been used and operated in compliance
with applicable federal, state and local laws and regulations related to air
quality, water quality, waste disposal or management, hazardous or toxic
substances, and the protection of health and the environment. This
representation is made subject to any environmental studies or evidence which
may be available, including, without limitation, filings with the City, any other
governmental unit, or the State of Michigan or the United States, or evidence in
the control of any person or party having knowledge of or interest (at any time)
in the premises. Seller does not warrant that such laws or regulations have not
been violated, or that releases have not occurred.
8. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL
OPERATE BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES
ANY AND ALL SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND
AGREES THAT THE PREMISES ARE TAKEN "AS IS." BUYER HAS PERSONALLY
INSPECTED THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE
LAND, AND THE BUILDINGS AND IMPROVEMENTS THEREON, AND
UNDERSTANDS THAT THE PROPERTY IS BEING PURCHASED AS A RESULT OF
SUCH INSPECTION AND INVESTIGATION AND NOT DUE TO ANY
REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER.
2
9. Real Estate Commission. Buyer and Seller both acknowledge and
agree that neither has dealt with any real estate agents, brokers or salespersons
regarding this sale, and that no agent, broker, salesperson or other party is entitled to
a real estate commission upon the closing of this sale. Buyer and Seller both agree to
indemnify and hold the other harmless from any liability, including reasonable
attorney fees, occasioned by reason of any person or entity asserting a claim for a
real estate commission arising from actions taken by the other party.
1o'. Closing. The Closing date of this sale shall be on or before July 15. 2000 -
("Closing") .. The closing shall be conducted at Transnation Title Insurance Company, 570
S.eminole Road, Ste 102, Muskegon, Ml 49444. If necessary, the parties shall execute
an IRS closing report at Closing.
11. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
• 12. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
13. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of closing.
14. Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount
required by law. Seller shall be responsible to pay for the recording of any instrument which
must be recorded to clear title to the extent required by this Agreement. Buyer shall pay for the
cost of recording the deed to be delivered at Closing.
15. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read
as plural, feminine, or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this
Agreement, which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e.' Successors. All terms and conditions of this Agreement shall be
Binding upon the parties, their successors and assigns.
3
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision of
the Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, convenants and agreements contained in this Agreement and in any
instrument provided for herein, shall survive the Closing and continue in full force and
effect after the consummation of this purchase and sale and continue until all liabilities of
Buyer have been fully satisfied.
g. Modifications of the Agreement. This Agreement shall not be amended
• except by a writing signed by Seller and Buyer/
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES: SELLER: CITY OF MUSKEGON
·"5\\,c\cu!'--.
·sh.<:v,'A '\ . \\,,;
l\
Jct ,l, ctC'
BUYER: Bill Ingalls II
B~~
It's:- - - - - - - - - - - -
Social Security No.??7. J''( J?9 7
Drafted by: Business Address:
PARMENTER O'TOOLE 175 W. Apple Ave, P.O. Box 786
BY: G. Thomas Johnson Muskegon, Michigan 49443-0786
4
AIDDENDUJVI TO PURCHASE AGREEMENT
The parties agree to this Addendum to Purchase Agreement of May 9, 2000, to clarify the
conditions under which the purchas; is made, and to deal with marketable title issues.
1. The Real Estate Purchase Agreement is amended to restate and amend paragraph four (4):
4. Title Insurance: Title Defects. Seller agrees to deliver to Buyer's attorney
or the Buyer, ten (10) days prior to closing, a commitment for title insurance, issued by
Transnation Title Insurance Company, for an amount not less than the purchase price stated
in this Agreement, guaranteeing title on the conditions required herein. In the event the
reservations, restrictions or easements of record disclosed by said title commitment are, in
the sole discretion of Buyer, deemed unreasonable, Seller shall have forty-five (45) clays
from the elate Seller is notified in writing of such unreasonableness of restriction and such
urunarketability of title, to remedy such objections. If Seller resolves such restrictions and
remedies the title (by obtaining satisfactory title insurance or otherwise) within the time
specified, Buyer agrees to complete this sale as herein provided, within ten (10) days of
written notification thereof. If Seller fails to resolve such restrictions or remedy the title
within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated and neither party shall have any further obligation. The
premium for the owners title policy shall be paid by Seller.
2. It came to the attention of the city, after the Purchase Agreement was signed that the
premises was used as a greenhouse and there is a probability, unlmown to the city, that the greenhouse or
other prior activity or operation could have resulted in pollution of the soils or ground\water. Buyer is,
therefore, advised to obtain an environmental review to see if the property is a facility as defined by
statute; and, if it is, to have a Baseline Environmental Assessment performed by a professional, to be
performed within forty-five (45) days of the closing and timely filed with the Michigan Department of
Environmental Quality.
3. The deed from the city shall contain and be subject to the restriction that no more than two
residences shall be constructed on the property, which shall be divided into two lots fronting on Miner
Street only. TI1e restriction shall run with the land, and the deed shall so state.
SELLER: CITY OF MUSKEGON
.,._
,-,
Dated:--'''-"'-'-'·~"----'--'-~-·•=--'' 2000
,,,..-;·< By ~te# l?Ja ,,~
Fred T N i ~ayor
By L Q . Lr-d,,,,ad:.)
Gail A. Kundinger, Clerk
Dated: 1-2,!?-e>o , 2000
ill Ingalls, II
(S.S. No. 379 -84-8797)
G:\COMMON\5\GT J\C-RLEST\HARRISON.ADN
I
SURVEY WAIVER
·' . Date: June 12. 2001
RE: 415252
To: TRANSNATION TITLE INSURANCE CO Property Address:
570 SEMINOLE ROAD. SUITE 102 2429 Harrison
MUSKEGON MI 49444 Muskegon. Michigan 49444
County: Muskegon
We. the undersigned. purchasers and sellers. of the above captioned property, acknowledge
. we have been strongly advised by you to obtain a land survey showing the dimensions of the
property and the location of all buildings situated thereon.
We have decided. completely of our own volition. not to obtain a survey and wish to
complete the transaction without the recommended survey.
We hereby release TRANSNATION TITLE INSURANCE CO. its employees and/or agents. from any
responsibility and/or liability concerning or pertaining to survey matters. including, but
not limited to size of lot or land. location of boundary line. location of building and
encroachments.
SELLER(S):
~. ) /~)~
._ ; t ? 7
City of Muskegon
1 nga s. Il;?-'
I
MUSKEGON REAL ESTATE BOARD
ADDENDUM TO BUY and SELL AGREEMENT
Date: June 12, 2001,
Office of Phone REALTOR. MUSKEGON, MI
1. Addendum to Buy Sell Agreement dated covering property at 2429 Harrison.
Muskegon. Michigan 49444 and legally described as:
Lot 2. except the South 59.25 feet thereof. also except the West 15 feet of the
North 205 feet thereof. Block 676 of the Revised Plat (of 1903) of the City of·
Muskegon. as recorded in Liber 3 of Plats, Page 71, Muskegon County Records.
2. This Addendum to be an integral part of attached Buy and Sell Agreement, which is
amended as follows:
The legal should should read as stated above. Extend the date of closing to be
June 12. 2001. City is to pay closing fee to Transnation Title.
3. RECEIPT IS ACKNOWLEDGED BY BUYER of a copy of this Agreement.
,~5~ k,~
4. RECEIPT IS ACKNOWLEDGED BY SELLER of a copy of this Agreement.
City of Muskegon
Witness
AFFIDAVIT OF TITLE
STATE OF MICHIGAN Title Commitment# 415252
COUNTY OF Muskegon
That City of Muskegon, a municipal Corporation being first duly sworn on oath says
that they are the true and lawful owner(s) of the premises located at:
2429 Harrison
Muskegon, Michigan 49444
AND
1. That on this date hereof there is no mechanic's lien on the property and that no
work has been done, or materials furnished, out of which a mechanic's lien could
ripen.
2. That no agreement is in effect which would adversely affect the title to the
property such as a purchase agreement, lease, land contract, option, etc. other
than the contract with the grantees in a certain deed of even date hereof.
3. That the parties in possession other than the affiant(s) are bona fide tenants
only and have no other interest in the premises whatsoever.
4. That there are no judgments or liens against affiant(s), including income tax
liens. adversely affecting the title to said property.
5. That there are no unpaid taxes, special assessments or water bills outstanding
other than those shown on the closing statement.
6. TAat any overlooked, unknown, or misquoted taxes, special assessments, water
bills, mortgage deficiencies, etc. shall be immediately paid by affiant(s) as
soon as informed of such.
Seller(s):
City of Muskegon
Planner
Subscribed and sworn to, before me a Notary Public, this 12th day of June, 2001
Notary Public - - - - - - - County
My Commission Expires:
KIMBERLY S. DURNELL
Nnt:lrv Public. Muskegon County, Ml
ADDENDUM TO PURCHASE AGREEMENT
The parties agree to this Addendum to Purchase Agreement of May 9, 2000, to clarify the
conditions under which the purchase is made, and to deal with marketable title issues.
l. The Real Estate Purchase Agreement is amended to restate and amend paragraph four (4):
4. Title Insurance; Title Defects. Seller agrees to deliver to Buyer's attorney
or the Buyer, ten (10) days prior to closing, a commitment for title insurance, issued by
Transnation Title Insurance Company, for an amount not less than the purchase price stated
in this Agreement, guaranteeing title on the conditions required herein. In the event the
reservations, restrictions or easements of record disclosed by said title commitment are, in
the sole discretion of Buyer, deemed unreasonable, Seller shall have forty-five (45) days
from the date Seller is notified in writing of such unreasonableness of restriction and such
unmarketability of title, to remedy such objections. If Seller resolves such restrictions and
remedies the title (by obtaining satisfactory title insurance or otherwise) within the time
specified, Buyer agrees to complete this sale as herein provided, within ten (10) days of
written notification thereof. If Seller fails to resolve such restrictions or remedy the title
within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated and neither patty shall have any further obligation. The
premium for the owners title policy shall be paid by Seller.
2. It came to the attention of the city, after the Purchase Agreement was signed that the
premises was used as a greenhouse and there is a probability, unknown to the city, that the greenhouse or
other prior activity or operation could have resulted in pollution of the soils or ground\water. Buyer is,
therefore, advised to obtain an environmental review to see if the property is a facility as defined by
statute; and, if it is, to have a Baseline Environmental Assessment performed by a professional, to be
performed within forty-five (45) days of the closing and timely filed with the Michigan Department of
Environmental Quality.
3. The deed from the city shall contain and be subject to the restriction that no more than two
residences shall be constructed on the property, which shall be divided into two lots fronting on Miner
Street only. The restriction shall run with the land, and the deed shall so state.
SELLER: CITY OF MUSKEGON
Dated: ,·;;,1 / <1
(/ By , ~ ~
FredY N~ Mayor
By ~ Q_
Gail A. Kundinger, Clerk
~ch.,_~;, l
BUYER: BILL INGALLS, II
Dated: Z.,. 2- f?__.::Jc), 2000 .BJ~
Bill Ingalls, H
(S.S. No. 379 -84-8797)
G:\COMMON\5\GTJ\C-RLEST\HARRISON.ADN
Date: May 1, 2000
To: Honorable Mayor and City Commission
From: Department of Public Works
Re: Additional Solid Waste Services
SUMMARY OF REQUEST:
The Staff has been negotiating with Sunset Waste to offer additional solid waste services.
1. Full season yard waste pick up of at the curb on household garbage days.
2. Eliminate Saturday morning drop-offs.
3. Establish an 18¢ per household credit per month towards recycling fees (10%
discount).
4. Continue current limitation of $1.00 per year maximum landfill charge increase.
5. The addition of corrugated cardboard to the recycling stream.
6. Increase yard waste handling fee to $10.00 from $5.00.
7. A three-year contract extension from March 2002 to February 2005.
FINANCIAL IMPACT:
1. Year-around curbside pick up - No cost
2. Eliminate Saturday drop-offs - Savings $54,718/year
3. Recycling credit - Savings $28,872/year
4. Tipping fee savings - Varies
5. Yard waste handling Increase $26,000-$50,000 (Assumes an
increase in volumes due to
convenience.)
6. Add corrugated cardboard to recyclings No cost
BUDGET ACTION REQUIRED:
See the above. Additions would yield a net savings of $32,000-$57,000 credit to the Solid
Waste Budget per year.
STAFF RECOMMENDATION:
The Staff recommends approval.
COMMITTEE RECOMMENDATION
MEMORANDUM
TO: Bryon Mazade, City Manager
City Commission
FROM: Robert H. Kuhn, Director of Public Works
DATE: May 2, 2000
RE: Additional Solid Waste Services
HISTORICAL
Prior to 1974, the City of Muskegon collected solid waste in-house, including the operation and
maintenance of its own vehicles. Around 1975, the City of Muskegon privatized this operation.
Waste Management was the low bidder and took over the garbage collection and took possession
of the City's garbage packers. During that period of time, the City had a policy that anything
that was brought to the curb was picked up. This included yard waste, garbage, and even
hazardous-type wastes.
In the mid '80s, the City experienced a tremendous increase in residential solid waste volumes.
As tipping fees throughout the area increased, the City became aware that many landlords were
bringing solid wastes in from other properties and putting them out for disposal in front of their
Muskegon properties. We witnessed people coming to work within the City of Muskegon from
outer areas and placing their garbage on the curb near their places of employment. At that time,
the only source of funding for solid waste services was the three-mil levy on assessed property
values.
City Staff began developing new policies and procedures and worked very closely with Waste
Management and White Lake Landco in developing specifications and requirements. Those two
vendors provided valuable service and insight in the setting up of our specifications. In 1990, the
City sought proposals based on the new contract. It was an innovative and unique refuse
collection program. Research had indicated that 'pay as you go' programs worked very well in
reducing solid waste volumes and costs.
The City of Muskegon developed a hybrid program where individuals who generate larger
amounts of waste would have to pay more. For over a year, various members of the community
utilized and tried a cart system of various sizes to come up with the ideal system. As a result of
that study the City provided a 65-gallon cart for each residence. In addition, the City started a
curbside recycling program. The State Legislature initiated a bill prohibiting yard waste from
landfills. This necessitated an entirely separate yard waste collection system. The City of
Muskegon provided a spring collection of yard waste (2 weeks) and a fall collection (6-8 weeks)
of leaves and yard waste as well as a Christmas tree collection program. They later introduced
Saturday morning yard waste drop-offs and neighborhood association dumpster days.
The cart system provided a financial incentive to recycle. Any garbage that did not fit within the
container necessitated the purchase of a sticker at $1.25 each. The individuals and households
who recycled, therefore, had more room in their cart and did not have to purchase stickers. The
City initially billed each resident $6.00 per month for these services. This fee was eliminated by
the City Income Tax. The City provided mechanisms for those with physical limitations and
smaller carts for those who did not need a 65-gallon cart.
The City's volume-based system resulted in a significant decrease in the amount of garbage
collected and landfilled. The City no longer witnessed an entire terrace filled with garbage and
furniture as landlords evicted tenants. Animal attacks on plastic bags no longer resulted in
garbage being strewed all over the street.
The City of Muskegon's cart system has accomplished many goals. The total volume per
household has decreased. All these programs were initiated, coordinated, and financed by the
City of Muskegon; no other local community provides so many options for its residents.
THE LAIDLAW/SUNSET WASTE ERA
Bids received in late 1990 from four vendors-Laidlaw, Waste Management, White Lake
Landco, and BFI. Although Waste Management and White Lake Landco participated in the
contract development process, neither was low bidder. Laidlaw (now known as Sunset Waste)
was the low bidder at $1,357,440 for the garbage collection, and with recycling included, the bid
came to $1,730,400. The initial contract price called for $8.08 per household per month for
garbage collection and $2.22 per month for weekly recycling. The difference between the low
bid and the second low bid for basic service was about 60¢ per household per month. A five-
year contract was awarded to Laidlaw in 1991.
Once the program was initiated, it was much more successful than anyone anticipated. The 1992
volumes of garbage collected was less than 40% of the peak year collection of 1988. Overall, we
saw about a 50% decrease in the total volumes collected. This was an amazing statistic that no
one had predicted. We could only assume that the amount of garbage being imported to the city
at that time was much greater than we had initially had thought. In 1993, the City negotiated
with Sunset Waste a significant cost reduction, amounting to approximately $2.00 per household
per month. A tlu·ee-year extension was granted (until February 1999).
In 1994, additional price reductions were granted for reduced recycling collection, and an
additional three-year extension was granted (until February 2002). In 1998, an additional price
reduction was granted for landfill costs being reduced from $24 per ton to $18 per ton.
Sunset Waste and the City of Muskegon recently negotiated so that now the recycling is picked
up eve1y other week rather than twice a month. (2 additional pick ups per year)
CURRENT PROPOSAL
The City of Muskegon and Sunset Waste have been negotiating an attempt to bring additional
services and additional savings to the City as an attempt to assist the General Fund-impacted
programs.
1. Sunset Waste will begin immediately to pick up yard waste at the curb year-
round. In the past, we have had a pick up for two weeks in the spring and six
weeks in the fall. Having yard waste picked up at the curb is a significant
increase in level of service. Many households have subscribed to a subscription
service where they have paid as much as $42 per year for this service. In
addition, the City would be able to eliminate the Saturday morning drop-offs,
which at times have been difficult to coordinate and requires our citizens to load
and carry yard waste in their vehicles.
2. Sunset Waste has proposed an 18¢ per household credit per month towards
current recycling fees. This amounts to a 10% discount.
3. As negotiated during the last contract extension, Sunset Waste has agreed to
continue the cmTent limitation of a $1.00 per year maximum landfill charge
increase. If the City's solid volumes increase beyond a benchmark figure, we pay
Sunset Waste the additional landfill charges for everything above the benchmark.
However, they can never charge more than the County of Muskegon landfill. If
the County landfill should raise its fees, Sunset cannot raise its fee more than
$ 1. 00 per year. The County has raised its fee from $18 to $20 per ton. It intends
to go to $26 per ton next year. Sunset Waste will be limited to $19 per ton in
2000. Re-bidding the current contract would cause us to lose this limitation.
4. Sunset Waste has agreed to add in corrugated cardboard to the recycling stream.
CONTRACT EXTENSION
In return for projected savings to the City of Muskegon of $32,000-$57,000 per year, Sunset
Waste has requested a three-year contract extension. This allows them to purchase the new
equipment to proved a higher level of service. The proposed contract extension would extend
our cmTent contract from March 2002 to February 2005. The Staff is requesting approval of this
extension for the following reasons:
1. There is no assurance that re-bidding this contract will guarantee a cost savings.
On a number of occasions over the last few years we have re-bid projects due to
lack of bidders, often resulting in an increased cost.
2. Ifwe were to re-bid this contract, we would lose the financial benefit of our lock-
in tipping fee increase of a maximum of $1. 00 per year.
3. Many of the bidders have disappeared. White Lake Landco and BFI have been
purchased by Allied Waste and is now a snbsidiary of our current vendor, Sunset
Waste. Many of the other local small haulers have been absorbed. The only
current competitor of any significance who could handle our contract would be
Waste Management of Holland. Its landfill is even a farther hauling distance than
Sunset Waste's.
4. Sunset Waste, on many occasions, has rallied to assist the City in meeting
obligations and expanding services. Sunset has voluntarily increased the level of
recycling at no cost as well as the current proposal to extend yard waste service at
the curb. This cooperative relationship has done much to keep the City's costs
very manageable, while at the same time providing more services than any other
community in the area. Many local communities provide no gaTbage service
whatsoever to their citizens, yet that fact is not always mentioned when one
compares tax rates.
I
Per Commissioner Aslakson's request, the following Waste Management's recent
bids were evaluated:
W =Weekly
EOW = Every Other Week
Y =Yes
N =No
Total Contracts
Vendor City Trash With Recycling Yard Cost
Weekly Cart Waste
Sunset Waste Muskegon y y EOW y $9.18
Waste Management Big Rapids y N EOW y $9.48
Waste Management Holland y y EOW N $10.49
Waste Management Greenville y N w N $9.34 +
$18,500/year
Recycling
Sunset Waste (Muskegon) BOW $1.60 per month
Sunset Waste (Muskegon Twp.) BOW $2.06 per month
Yard Waste Subscription Services
Sunset Waste - $9. 00 per month with cart
- $7 .00 per month without cart
Waste Management - $12.00 per month with cart
- $21.60 per month with 100 gallon cart
Subscription Services (Single Household)
Sunset Waste (Spring Lake Twp.) $14.00 per month for weekly trash and recycling
Waste Management (Spring Lake Twp.) $17.90 per month with cart
$4.48 per month for recycling
Commission Meeting Date: May 9, 2000
Date: May 1, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Industrial Facilities Tax Abatement Policy
SUMMARY OF REQUEST:
To approve the attached industrial facilities tax abatement policy and guidelines.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the policy.
COMMITTEE RECOMMENDATION:
The Legislative and Policy Committee unanimously recommended approval of the
policy at their regular quarterly meeting on April 26,2000.
5/1/2000
POLICYNO. 2000-53(d)
CITY OF MUSKEGON
INDUSTRIAL FACILITIES TAX EXEMPTIONS
ACT 198 of1974
1.0 STRATEGIC PLANNING PROCESS
The City Connnission, in May 2000, determined that the following policy is
necessary to replace the former Industrial Facilities Exemption Policy of 1990 for
the following reasons:
- Significant amendments have been made to the enabling
legislation (P.A. 198 of 1974)
- Necessity to Compete in a Global Economy
- To Encourage the Diversification and Technological
Advancement of the Local Economy
This policy of the City of Muskegon continues to be endorsed by the City
Connnission as a result of the identification of specific goals and objectives
through a Strategic Planning Process conducted by the City Connnission and
Administration in February 1990.
2.0 PURPOSE
The Muskegon City Commission is a strong advocate of economic development
activities, programs, and structures designed to create and promote employment
opportunities and expand the local tax base through the retention, rehabilitation,
and expansion of existing businesses and industries, the expansion and/or
retention of employment opportunities for all, with particular attention to
opportunities for women, minorities, and the disadvantaged. The purpose of this
policy has been expanded to encourage the diversification of the local economy
and the creation, retention, or attraction of technology sector employment. The
City Commission believes that it should be an active participant and a leader
where appropriate in the economic development of the City.
The City of Muskegon supports the establishment of policies, programs, and
facilities, permitted by law, which will carry out this policy. For the City to
accomplish these purposes in an orderly fashion, it must be assured that the use of
tax abatements is judicious, fair, and responsibly accomplished. The City adopts
this policy, not only to encourage the use of tax abatements, but to articulate the
reasonable expectations of performance by those directly benefiting from the
policy.
I
3.0 POLICY
A. It is the policy of the City of Muskegon to provide tax abatements
to qualifying applicants under certain State laws. The policy will
increase the tax base of the community, attract new business,
housing and industry, and will result in the expansion,
modernization, and rehabilitation of existing businesses, industrial
facilities and housing.
B. Multiple abatements by the same applicant are permitted, if
authorized by State law, based upon previous performance and
compliance with projections and conditions of previous
applications. Specific monitoring techniques will be employed
which analyze the results of the tax abatement program overall and
specifically of each applicant on an annual basis. An annual
performance report will be prepared for review by the Commission
to determine the need for amendment to this policy.
C. It is the intent of the City of Muskegon that each application be
reviewed against this policy, procedures and the annual reports to
determine on a case-by-case basis that the application meets the
goals and objectives of the City.
3.1 Tax Abatement Criteria
The criteria to be considered by the City Commission in approval of
applications, including applications for the establishment of districts, as
well as the issuance of certificates, are the following:
1. Compliance with the tax abatement policy as adopted by the City
Commission.
2. Increased employment and tax base of the project.
3. The compliance of the petitioner in meeting previous tax
abatement investment and employment goals and investment
projections.
4. Requirements for additional public safety services.
5. Impacts on water supply systems, sanitary and storm sewer
systems.
6. Impacts on air and water quality, solid waste generation, or
reduction.
2
7. Nuisance consideration such as dust, n01se, glare, or vibration ·
emissions.
8. Use of Muskegon County and more specifically City of Muskegon
labor or contractors, especially those that are minority or female
owned and operated.
9. Impacts on public right of way and general circulation patterns.
10. Potential for general site aesthetics considerations such as paving,
parking areas, increases in landscaping ground vegetation, and
signage improvements.
11. History of the applicant in payment of taxes, water bills, or any
other obligations to the City. "Applicant," for this purpose, shall
include any entity controlled by the principal officers or owners of
the entity signing the present application. The City shall not issue
a certificate or approve a district in cases where the "applicant" as
here defined, is delinquent in any tax, water bill, or obligation to
the City.
12. The location of the proposed improvements and whether the
general area is or was characterized by obsolete commercial or
industrial property and a decline in commercial or industrial
activity.
13. The size and extent of the capital outlay and its relative size to the
existing value of the property.
14. The impact on property values in the general area of the project.
15. The extent of providing a service need or commercial or industrial
activity currently not available in the market area.
16. The impact of the property improvement or tax abatement on
competitors in the general area of the project and Citywide.
17. The project's capacity to diversify the local economic base and/or
increase the technological capabilities of the applicant.
18. The extent to which the project can be serviced by existing streets,
utilities, police, fire, and other municipal operations.
20. The consistency of the project with adopted codes, ordinances and
plans.
3
21. Performance in fulfilling construction and employment estimates
as stated in previous approved abatement applications.
22. Other considerations considered unique or of benefit to the
community.
3.2 Administration & Monitoring Procedures
The City of Muskegon Planning & Economic Development Department
shall be the administrator of the application process on tax abatements.
Prior to presenting an application to the City Commission for approval the
Planning & Economic Development Department, in conjunction with any
other appropriate city departments, shall review all applications for
compliance with this policy.
The Affirmative Action Department, in conjunction with the Planning &
Economic Development Department, shall be responsible for the
monitoring of approved applications for conformance with this policy.
For each approved application, the company receiving the abatement shall
submit annual monitoring reports. These reports will include the
following information:
- New Jobs Created
Workforce Breakdown (by race and gender)
Capital Investment Expended
Status of any Other Requirements Set Forth by the City
Commission
The City of Muskegon shall provide the report forms to the company in
the month of November for year-end calculations.
The Planning & Economic Development and Affirmative Action
Departments shall provide an annual report on the status of active tax
abatements to the City Commission in February of the following year.
(i.e. 2000 annual report shall be submitted in February of2001).
3.3 Application Procedures
The following procedures are intended to implement the foregoing
policy and provide complete applications upon which to base a
decision for approval or denial. It is intended that the administration
of this procedure and the application process be efficient and
flexible so as to meet the applicant's needs while complying with the
policy as adopted.
4
1. Applications
a. Application forms (Exhibit A) provided by the City shall be filled
out completely and additional required documents shall be attached
when submitted to the City Clerk.
b. All fees shall be paid with the application. The Clerk will not
process any application without the payment of all required fees.
2. Processing of Applications; Schedule. The application will be
processed on the following schedule.
a. Properly completed application for tax abatement will be submitted
to the City Clerk. Copies will be forwarded to the Planning &
Economic Development Department and other appropriate
person(s).
b. Construction site plan submitted (if applicable).
c. Meeting scheduled with applicant to go over application, missing
items, affirmative action plan, etc.
d. A public hearing may (if required) be scheduled and resolution
drafted to approve a district or certificate.
e. A public hearing notice prepared by Planning & Economic
Development staff for publication and forwarded to the City Clerk
for publication in the Muskegon Chronicle (if applicable).
f. Certified mailing to property owners and taxing authorities with
notification of application and public hearing date prepared and
executed (if applicable). Notice will be given to all of the
following:
• Property Owner
• Business Owner (if other than property owner)
• Muskegon School District or Orchard View School District
(whichever is applicable)
• Muskegon Community College
• Muskegon Area Intermediate School District
• City of Muskegon Assessor's office
• County of Muskegon
g. Time requirements set forth in any applicable statute or regulation
shall be observed.
5
h. After approval by City Commission, the City Clerk will review the
application and attachments for completeness, then sign the
application and send copies to the appropriate persons. A copy of
the completed application will be forwarded to the business owner
and the original application to the appropriate State Agency.
3.4 Establishing Industrial Development Districts & Approving Industrial
Facilities Exemption Certificates
The City Commission will approve the establishment of an Industrial
Development District only after the terms of the abatement are finalized
and the Contract for Tax Abatement is executed. The resolution creating
the Industrial Development District will note all terms and conditions to
be met by both the applicant and the community, if any. The District shall
be approved by resolution of the City Commission to include the
boundaries of the district.
A Certificate for Industrial Facilities Exemption shall be approved only
after the creation of the Industrial Development District. The Certificate
shall be approved by resolution of the City Commission to include the
boundaries of the Industrial Development District, the length of the
abatement (length may differ between personal and real property), and any
conditions the City Commission deems appropriate for the issuance of the
Certificate.
Upon expiration of any tax abatement, the Industrial Development District
created for the purpose of granting said abatement shall be immediately
revoked.
3.5 Filing and Compliance Monitoring Fee
The filing and monitoring fee shall be paid by the applicant at the time the
application is made. No applications shall be submitted to City
Commission for approval prior to the payment of this fee. The fee may be
equal to 2% of the abated taxes or $1,766 whichever is less.
6
CITY OF MUSKEGON
INDUSTRIAL TAX EXEMPTION GUIDELINES
The following guidelines are intended to provide direction for determining the
length of all tax abatements as well as other potential components of a tax
abatement such as employment composition and site/facility requirements. The
City Commission reserves the right to adjust the length of any tax abatement or
add or subtract any conditions placed on a tax abatement based upon other
community benefits including but not limited to capital investment, jobs retained,
wage/salary levels, and facility/site improvements.
A. Duration ofAbatements
The following section represents the number of years to be granted for
projects containing personal property and those containing real property.
If an application contains both real and personal property the resolution
approving the abatement may include separate lengths for both
components.
Standard Exemption:
Real Property 12 Years
Personal Property 6 Years
Employment/Investment Bonus:
5-9 Jobs I Year $3 million I Year
10-19 Jobs 2 Years ""o,_r_-"$"'5_,m
..1"'·ll..,io"'n"-------~2"--'Y~e"'ar"'s
20+ Jobs 3 Years $8 million 3 Years
Diversification Bonus:
Diversification of Production 9 Years
The standard exemption will apply to all applications. Personal property
abatement extensions may be obtained through exercising the potential
bonuses available to the applicant (only personal property abatement may
be extended through the bonus program). An abatement may receive a
longer term through the creation of additional employment opportunities
(see above).
A nine (9) year personal property exemption (total exemption of nine
years not a nine year extension) may also be obtained if an applicant is
diversifying production. A Diversification Bonus shall only be granted
when a company installs new or modifies existing equipment or
machinery for the purpose of manufacturing new products for an industry
not currently served by the company. (For example, if Company X
produces rocker arms for the automotive industry it cannot receive the
7
Diversification Bonus for any property related to the manufacturing of
automobile parts. It may receive the bonus for machinery and/or
equipment used for the production of goods for other industries such as,
but not limited to, office furniture, aerospace, construction, etc.) A copy
a
of customer list and a signed affidavit from the company stating the
intended use of the machinery and equipment listed in the application for
the Diversification Bonus shall be required.
Employment and Diversification Bonuses may not be combined. That is,
if a company receives a Diversification Bonus it cannot receive an
Employment Bonus and vice versa.
I
B. Site/Facility Requirements
Any site or facility associated with a request for tax abatement shall be
reviewed for conditions that may be determined to be detrimental to the
safety, health and welfare of the community. If such conditions are
determined to exist at the applicant's facilities/site, the applicant will be
notified by the appropriate City department. Existing facility/site
conditions shall be reviewed against the State of Michigan Certified
Industrial Park industrial development standards.
The City shall utilize the Cettified Industrial Park standards because they
are widely accepted throughout the State of Michigan as representing
responsible industrial development as well as providing a pleasant and
desirable location in which to work and/or conduct business.
C. Employment Requirements
All tax abatement applicants are encouraged to have a labor force
consisting of a representative percentage of minorities and females. All
applicants will be required to submit a workforce brealcdown to include
the total number of employees along with the number of minority and
female personnel. If, at the time of application, the company does not
meet the above requirement, the company shall endeavor to create a
workforce that is representative of the community's labor force.
The Company shall also agree to work with the City's Affirmative Action
Director to market and publish notices regarding employment
opportunities to underserved populations.
All new jobs promised at the time of application must be filled within two
years and must be maintained over the life of the abatement.
8
th
Adopted this 9 day of May, 2000.
Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler
~Q- ~~
Nays: None
By:
~ ~G-a-il_A___K=un-d-in_g_e-r,~C=i-ty_C_~--i.=-
rk--- - -
CERTIFICATION
rc\,c:j .
This resolution was adopted at a regular meeting of the City Commission, held on May 9,
2000 . . The meeting was properly held and noticed pursuant to the Open Meetings Act of
the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
~·~ Q
By~~~ a.J_., ~ ·~ L_ ck..v--.
---.,,=-
qg..,v
_· -
Gail A. Kundinger, City Clerk0
Date: April 28, 2000
To: Honorable Mayor and City Commissioners
From: Neighborhood and Construction Services
Department
RE: Concurrence with Housing Board of Appeals
Finding of Facts and Order for 463 Houston
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 463 Houston is
unsafe, substandard and a public nuisance and that it be demolished
within thirty (30) days.
It is further requested that administration be directed to obtain bids for
the demolition of the structure and that the Mayor and City Clerk be
authorized and directed to execute a contract for demolition with the
lowest responsible bidder.
FINANCIAL IMPACT:
The cost of demolition will be paid with budgeted CDBG funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
A dangerous building inspection was conducted in December of 1999.
This property is owned by Daniel Heller. A Notice and Order was sent
out on 1/27/00. The case was discussed at the April 6, 2000 Housing
Board of Appeals Meeting where the board determined the structures to
be substandard, unsafe, a public nuisance and to Forward to the City
Commission for Concurrence.
Attached are copies of the inspection report dated 1/24/00, the Notice
and order dated 1/27/00, the Boards findings of fact and order dated
4/10/00, and the minutes of the April 6, 2000 meeting of the Housing
Board of Appeals.
The estimated cost to repair is $15,000.00.
COMMITTEE RECOMMENDATION:
The Commission will consider this item at its meeting on May 9, 2000.
DANGEROUS BUILDING INSPECTION
463HOUSTON
1/24/2000
APARTMENT HOUSE
I. Front apartment is completely stripped and in need of complete building, electrical
and plumbing.
2. Broken out windows and ripped screens.
3. Damaged apartment entry doors.
4. Illegal use of extension cords supplying other apartments with electrical service.
5. Need electrical, plumbing, and mechanical certified safe .
•
6. Soffit on roof system is falling off.
7. Cornice ofroofneeds completion.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
I -
FAL INOWSKI, BUILDING INSPECTOR
CONCURRED IN: -~~
~-IB~CINT~BUILDING OFFICIAL
{./,.,
\f:!rni.trnl' ·\ction
hll1 -~--1-t,"'l)J
F\.\ ... ~4-6-'JU
Olh "'2--1-67\18
~ \\."'!+-6768
l"emelcr;,
6]6'"'::?4-6783
F \.\:"'22-4188
("i\il Sen ice
6\6,''!4•6716
F.-\X/7!4•6790 West Michigan's Shoreline Clty
Clerk
616/724.-6 705
F.-\\/724--il78
NOTICE AND ORDER
Comm. & Neigh,
Services
January 27, 2000
616/724.6717
F.-\X/726-2501
Engineering
616/724-6707
F.-\\/724•6790 Daniel Heller
P. 0. Box 181
Finance
616/724.6713 Hesperia, Mi. 49421
F,-\\'./724•6J6~
Fire Dept. Dear Property Owner:
616/724.6792
F.--\X/724•6985
Subject: 463 Houston (apartment house)
ln..:ome Tax
616/724-6770 W ½ lot 5, Block 370
F.--\\/724-6768
Info. Systems The City of Muskegon Building Official has recently inspected the subject property and has
616/724-6975
F.-\X/724•6768
found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City
Code.
Leisure Service
616/724.6704
F.-\X/724-6790 As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
.\l:mager's Office
structures within thirty (30) days .
616172--1-6724
F.--\\/724-6790
If you elect to repair the structures, you must secure all required permits and physically
.\layor's Office
616/72--1.6701
commence the work within thirty (30) days from the date of this order.
F:\X/724-6790
.\eigh. & Const.
Should you have any questions concerning this matter, please do not hesitate to contact our
Sen ices Building Official, Jerry McIntyre at 724-6715.
616/72--1-6715
~e:;Q:hl
F-\\/724-6790
Planning/Zoning
6161724-6702
FAX/724.6790
Police Dept.
616/724-6750
R~c; ;~ c::inski
F.-\X/722-5140
Fire Marshal/Inspection Services
Public Works
616/72--1-4100
F.--\X/722-4188
Treasurer
616/724-6720
F.-\\/724.6768
Water Dept.
6l617H-6718
F.\.\1714-6768
\\ ,Hl'T FiltratilHI
610 "'!--1-4106
F\\ "'55-5!90 Cit) of Muskegon. 933 Terrace Street, P.O. Bo, 536, Muskegon, MI 49H3-0S36
, \ffirm:1!(\ L' .h·tio11
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F\\. ... ~~-b ..'lll
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bl6,72,l.--6":01$
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Cemcw-~
6161724--6:'SJ
F.\X.-12.2-4188
Chil Ser.-ice
616/724--6716
F.-\X/724--6790 West Michigan's Shorellne Oty
Clerk
616/724--6705
FAX/724-4178
MUSKEGON HOUSING BOARD OF APPEALS
Comm, & Neigh.
Serlices
6!6/724-6717 DATE: April 10, 2000
F.-\X/726-2501
CASE: 00-20 -463 Houston
Engineering
616/724-6707
F.-\X/724-6790 Mr. Daniel Heller
Finance
PO Box 181
6!6/724-6713 Hesperia Ml 49421
F.-\X/724-6768
Fi«Dept. FINDING OF FACTS AND ORDER
6!6/724--6792
F.--\X/724-6985
Income Tax
The following action was taken at a session of the Muskegon Housing Board of Appeals
6(6/724--6770 held at the Muskegon City Hall, 933 Terrace, Muskegon Ml on April 6, 2000. The
F.--\X/724--6768
Inspection Services Department of the City of Muskegon, having inspected the building
lufo. Systems structure located upon the property, described as the West½ of Lot 5, Block 370, also
616/724--6975
F.-\X/724-6768
known as, 463 Houston Ave, found the conditions listed on the attached pages exist
and that these conditions are hazardous as defined in Section 4-23 of the Code of
Leisure Service
616/724-6704 Ordinances.
F.-\X/724-6790
·"'""'"',office The Board further found that these conditions exist to the extent of endangering life,
:.::~;;~•;;~, safety and the general welfare of the public.
·"''"''' Office
6[6/724-6701
Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
FAxmH79o declared to be unsafe, substandard and a public nuisance.
\eigh. & Const.
Sen·ices It is, therefore, ordered that the •Jwners or other interested parties take such action to
61617?4-67!5
F-\X/724-6790 repair or remove said structure, or appeal this order within 20 days of the receipt of this
l'lanuing/Zoning
order.
6\6/724-6702
F.-\X/724-6790
It is further ordered that if the owners or other interested parties fail to repair or remove
Police Dept, said structure, or appeal this order within 20 days of the receipt of this order, the
6!6/724-6750
F.-\X/722-5140
Buildin{/Official shall take bids and remove said structure.
Public Works
6!6/724-4100
FAX/722-4188
T rcasurer
616/724--6720
F.--\X/724-6768
Water De111.
6!6/724--6718
F.-\X/724-6768
\\ :1.ll'r Filtrati11n
6\t, 1.. ?4-4106
H\. ~55-S~<J0 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
If you wish to appeal this order you must do so within twenty days. You may obtain the
appeal form at the City's Inspection Services Department, City Hall, 933 Terrace Street.
BOARD OF APPEALS
·•
NAYES: EXCUSED: ABSENT:
Randy ie
John Warne
Clint Todd
The motion carrie
#99-27 - 381 OAK - ST NATIONAL ACCEPTA , PO BOX 4010, E LANSING, MI.
A ONY HUFFMAN, 928 . NORTON, MUSKEGON, MI.
Mr. Huffman was in attendanc He asked for extension of 30 days to call for an inspection
and to take care of the shed. This rought back to the May meeting if not complete.
John Warner, supported by Randy ade a motion to support the extension.
AYES: ABSENT:
Greg Borgman
Robert Johnson
Fred Nielsen
William Anderson
Randy Mackie
John Warne
Clint To
#00-20 - 463 HOUSTON - DANIEL HELLER, PO BOX 181, HESPERIA, MI.
Mr. Heller did not attend the meeting. The Staff recommended to declare this structure
substandard, unsafe, a public nuisance and forward to the City Commission. Randy Mackie mad a
motion, supported by John Warner to accept the Staff recommendation and forward the case to City
Commission for concurrence.
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Robert Johnson
Fred Nielsen
William Anderson
Randy Macki
John Warner
Clint Todd
The motion carried.
3
Date: April 28, 2000
To: Honorable Mayor and City Commissioners
From: Neighborhood and Construction Services
Department
RE: Concurrence with Housing Board of Appeals
Finding of Facts and Order for 75 Myrtle
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 75 Myrtle is
unsafe, substandard and a public nuisance and that it be demolished
within thirty (30) days.
It is further requested that administration be directed to obtain bids for
the demolition of the structure and that the Mayor and City Clerk be
authorized and directed to execute a contract for demolition with the
lowest responsible bidder.
FINANCIAL IMPACT:
The cost of demolition will be paid with budgeted CDBG funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
A dangerous building inspection was conducted in February of 2000.
This property is owned by William Caldwell and/or James Bauer. A
Notice and Order was sent out on 2/11/00. The case was discussed att
the April 6, 2000 Housing Board of Appeals Meeting where the board
determined the structures to be substandard, unsafe, a public nuicance
and to Forward to the City Commission for Concurrence.
Attached are copies of the inspection reports dated 2/9/00 and 9/2/98,
Notice and order dated 2/11/00, and the Boards findings of fact and
order dated 4/10/00, the minutes of the April 6, 2000 meetings of the
Housing Board of Appeals, the findings of fact and order of the Board
dated April 10, 2000.
Estimated cost to repair this property is $25,000.00.
COMMITTEE RECOMMENDATION:
The Commission will consider this item at its meeting on May 9, 2000.
DANGEROUS BUILDING INSPECTION
7SMYRTLE
02/09/2000
1. Foundation walls are collapsing, failing around entire home.
2. Siding is missing and rotting.
3. Window sills are rotting.
4. Front and back porches in need of structural repair.
5. Roof system is in need of complete repair- structural sheathing, roof
covering, and chimney.
6. Interior of home is in need of repair, drywall and doors.
7. Need to schedule plumbing, mechanical, and electrical inspections for
interior.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
• • DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY Fl<\LTINOWSKI, BUILDING INSPECTOR (D
CITY OF MUSKEGON INSPECTION REPORT
September 2, 1998 AT 11:03 a.m. FOR MYRTLE 75 PAGE 1
No Cat Violation . flNA[ NOTICE
=== =----=--------------===--==================--------------=-=====-
1
NOTE: Effective June 15, 1997 no certificates of compliance
will be issued until all fees and debts to the City for that
property have been paid in full.
2
NOTE: Code requires owners to notify City in writing within
10 days of transfering ownership. Notice must include name,
address and phone number of new owner.
3 B EXTERIOR
Has eave boards that are rotted or missing.
4 B EXTERIOR
Ceiling is deteriorated or missing.
5 B EXTERIOR
Foundation walls have missing mortar or open cracks .
• ./:, EXTERIOR
Roof is totally deteriorated - must be replaced.
7 B EXTERIOR
Window has glazing that is missing or deteriorated.
8 B EXTERIOR
Chimney has loose or missing brick or mortar.
9 B EXTERIOR
Roof has some shingles or parts of shingles missing.
10 B EXTERIOR
Siding has holes in it or is rotted or missing.
11 B EXTERIOR
Siding corners are missing.
12 B EXTERIOR
Opening in the wall has been closed off with material that
does not blend with the rest of the structure.
1::; A EXTERIOF:
Steps are deteriorated or missing-when installing new, steps
must have 36" landing at tile top if entering door.
14 EXTErHOR
Roof sags.
15 B EXTERIOR - GENERAL
Has peeling paint and is not protected from weather by
properly applied water-resistant paint or waterproof finish.
16 B EXTERIOR - W. SIDE
Window sill is broken, missing or rotted.
17 B EXTERIOR - W. SIDE PORCH
Has eave boards that are rotted or missing.
18 EXTERIOR NOTE:
Electric service meter pulled.
19 B GARAGE
Has peeling paint and is not protected from weather by
properly applied water-resistant paint or waterproof finish.
20 B GARAGE
Door is delaminating or is delaminated - it must be replaced.
END OF LIST
AffirmJliH' Action
' 6\6;i2,4-6703
FX\172?-l?J-I
-\ss~sor
616/il,4.-6708
F..\X/7?4--4178
Cemetery
616nU-6783
FA.xn26-5617
Ci,·il Service
6l6nU-6716
FAX172-1-6790 West~d\\bER
Clerk
616/72-1--6705
FAxn2-1---IL78 February 11, 2000
Comm. & Neigh.
Servicn
616/i2-l-67l7
FAX/i2&.2501
William Caldwell
Engineering
616/72-1--6707 75 Myrtle
FAxn27-6904 Muskegon,Mi.49440
Finance
6161724-6713
P.t..X/1:24.676~
James Bauer
1396 Pine St.
Fire Dept.
616/724-6792 Muskegon, Mi. 49442
FAX/72-1-6985
Income Tax Dear Property Owner:
616/72-1-6770
FAX/72-1--6768
Subject: 75 Myrtle
Info. Systems
616/724-6975
Lot 24, Block 216
FAXliU-6768
Leisure Service
The City of Muskegon Building Official has recently inspected the subject property and has
616/72-1-6704 found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City
FAX/724-6790
Code.
\lanager's Office
616/724-672-1
FA\li22-l214 As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
\la)or's Office
structures within thirty (30) days.
616/724-6701
FA\/722-1214
If you elect to repair the structures, you must secure all required permits and physically
.,dgh. & Const. commence the work within thirty (30) days from the date of this order.
Sen,ices
6!6/iZ-1-6715
FAX/726-2501 Should you have any questions concerning this matter, please do not hesitate to contact our
Planning/Zoning Building Official, Jerry McIntyre at 724-67 l 5.
616/72-1-6702
F.-\X/72-1-6790
Sincerely yours,
Police Dept.
616/72-1-6750
FA\n22-5140
Public Works
616/72-1--1100 Robert B. Grabinski
FA\/722-4188
Fire Marshal/Inspection Services
Treasurer
616/72-1-6720
FA\/iU-6768
\\ater Dept.
616172-1-6718
FA\/724-6768
\\ ;ater Filtralion
b\6(124-4106
F \:\."'5~5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
#00-21 - 75 MYRTLE - JAMES BAUER, 1396 PINE, MUSKEGON, MI.
Mr. Bauer was not in attendance at the meeting. Staff recommended to declare the structure
substandard, unsafe, a public nuisance and forward to the City Commission for concurrence. Fred
Neilsen made a motion, supported by John Warner and Randy Mackie to support the staff's
recommendation to declare the structure substandard, unsafe, it public nuisance and forward to the
city commission for concurrence.
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Robert Johnson
Fred Nielsen
William Anderson I I
Randy Macki
John Warner
Clint Todd
The motion carried.
Bob Grabin · olunteered to contact Ken James for Ho Board of Appeals Talent Bank. Bob
e board elect a new Vice Chair during the next mee 1.. Ei'_ _
4
.-\ffirmJti\e .\..:tion
(1!(}."'2--1-6"'()J
F \.\ "'!--1-6"'')0
6\6, .. 2--l-6.,U8
F \X/7 24-6 768
c~•mrt,:I')
6l61724-6783
F.U./'.';?2 •..&188
Ci\ ii S,:r, ice
616i''H-6"\6
FAXm.4.6790 West Mlcblgan's Sborellne City
Clerk
616/724-6705
FAX/72·'"4178
Comm. & Neigh,
MUSKEGON HOUSING BOARD OF APPEALS
Sen·ices
616/724-6717
FAX/726-2501
DATE: April 10, 2000
CASE: 00-21 - 75 Myrtle
Engineering
616/724-6707
FAX/72--1-6790 Mr. James Bauer
Finance
1396 Pine
616/724•6713 Muskegon Ml 49442
FAX/72--1•6768
Fire Dept.
FINDING OF FACTS AND ORDER
616/72--1-6792
F.--\X/72--1•6985
Income Tax
The following action was taken at a session of the Muskegon Housing Board of Appeals
616/724-6770 held at the Muskegon City Hall, 933 Terrace, Muskegon Ml on April 6, 2000. The
FAX/72--1-6768
Inspection Services Department of the City of Muskegon, having inspected the building
Info. Systems structure located upon the property, described as the Lot 24, Block 216, also known
616172--1-6975
F.-\:'(}724-6768 as, 75 Myrtle, found the conditions listed on the attached pages exist and that these
conditions are hazardous as defined in Section 4-23 of the Code of Ordinances.
Leisure Service
616/724-6704
''Xl"'-'"0 The Board further found that these conditions exist to the extent of endangering life,
·'"""•"'' om« safety and the general welfare of the public.
6161724-6724
F.-\X/724-6790
Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
'.\layor's Office
616/72--1-6701 declared to be unsafe, substandard and a public nuisance.
FAX/72--1-6790
:'\cigh. & Const. It is, therefore, ordered that the owners or other interested parties take such action to
Ser.ices
616/72.J-6715
repair or remove said structure, or appeal this order within 20 days of the receipt of this
F-\X/72--1-6790 order.
Planning/Zoning
616/724-6702 It is further ordered that if the owners or other interested parties fail to repair or remove
FAX1724-6790
said structure, or appeal this order within 20 days of the receipt of this order, the
Police Dept Building Official shall take bids and remove said structure.
616/72--1-6750
FAX/722-5140
Public Works
616172--1--1100
F.-\X/722--1188
Treasurer
616/724-6720
F.-\X/724-6768
Water Dept.
616/72--1-6718
FAX1724-6768
\\ .itrr Fillration
616''"'2--1-4106
nx .. 55-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
If you wish to appeal this order you must do so within twenty days. You may obtain the
appeal form at the City's Inspection Services Department, City Hall, 933 Terrace Street.
BOARD OF APPEALS
·•
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