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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 25 2000
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
i::i PRESENTATIONS:
• CONSENT AGENDA:
a. Campbell Field Agreement. LEISURE SERVICES
b. Aquatic Weed Control Bids. LEISRUE SERVICES
c. Lakeshore Trail Phase II Architects. LEISURE SERVICES
d. Approval of Minutes. CITY CLERK
e. Liquor License Transfer Request 860 W. Sherman. CITY CLERK
f. Fireworks Display Permit - LC. Walker Arena. CITY CLERK
g. Sale of Urban Renewable Property on Albert Ave. for Infill Housing
Program. PLANNING & ECONOMIC DEVELOPMENT
h. Muskegon Rescue Mission Lease Agreement. PLANNING &
ECONOMIC DEVELOPMENT
i. Budgeted Vehicle Replacements. PUBLIC WORKS
j. Plow Truck Chassis. PUBLIC WORKS
k. 2000 Police Cruiser Purchase. PUBLIC WORKS
I. Alley Vacations in the Samburt Park Addition Subdivision.
PLANNING & ECONOMIC DEVELOPMENT
m. Rezoning Request for Property Located on Holbrook. PLANNING &
ECONOMIC DEVELOPMENT
n. Purchase of Property from Cole's for the Muskegon Lakeshore Trail.
PLANNING & ECONOMIC DEVELOPMENT
o. Police and Fire Pension Ordinance Amendment. CITY MANAGER
p. Amoco Property. CITY ATTORNEY
q. Concurrence with the Housing Board of Appeals Finding and Order
for the Following: INSPECTION SERVICES DEPARTMENT
1. 388 Catawba
2. 449 McLaughlin
• PUBLIC HEARINGS:
a. Request for Transfer of Industrial Facilities Exemption Certificate No.
98-624. Source One Signs. PLANNING & ECONOMIC
DEVELOPMENT
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
• NEW BUSINESS:
a. Concurrence with Housing Board of Appeals Finding and Order for
the Following: INSPECTION SERVICES DEPARTMENT
1. 451 White
b. Liquor License Transfer Request, 157 N.
c. Alley Vacations in block 346 (between 7th and 8th Streets.
d. Request for Planned Unit Develooment for 2964 Lakeshore Drive.
(west of Cottage Grove Street). PLANNING & ECONOMIC
DEVELOPMENT
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• CLOSED SESSION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
• ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE C!TY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MusM! 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Date: January 11, 2000
To: Honorable.~ and City Commissioners
From: Ric Scott I
/4 . 1JtJ/
RE: Campbell FieldAgreement
SUMMARY OF REQUEST:
To authorize the mayor and clerk to sign the attached
agreement with the DNR accepting the Clean Michigan
Initiative (CMI) grant to renovate Ca.~pbell Field
FINANCIAL IMPACT:
$400,000 project - $105,000 in local match
BUDGET ACTION REQUIRED:
None, included in 2000 budget
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
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Clerk
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Date: January 11, 2000
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To: Honorable May.l.fo ~ ~ t y Commissioners
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From: Ric Scott /(/'<fr('//
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23 I /72.J-(, 7117 Re: Campbell Field Agreement
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Attached is a project agreement with the DNR for the
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Campbell Field Renovation Project. I would ask that you
l'A.'l:/72.J-6768 authorize the Mayor and Clerk sign the agreement.
Fin• Ucpl.
23 1/72.J.67'12
The Campbell Field Renovation Project is funded through
F.-\.'l:172.J-6985 the Clean Michigan Initiative (CMI). This $400,000
lm:omc Ta~
project requires a $105,000 local match, which has been
2.l 1/72.J-6770 included in the 2000 budget. The project involves
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relocating the ball diamonds, adding parking,
Info. Sy~ll'm s irrigation, and other park amenities including as a
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FA.\/722-H!I I restroom and shelter .
I.ci!-.ttrc S cn·1cc Staff is currently working with the Campbell Field
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Neighborhood Association and the West Little League to
choose an architect. We hope to have that
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23 l/72.J-672.j recommendation to you the first meeting in February . We
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hope construction can begin in July .
1\layo r'-. Office
23 I /72.J-6701 Thank you for your consideration.
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City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
2000- 19(a)
CITY OF MUSKEGON
Resolution
Upon motion made by As 1 akson seconded by Spataro , the following -
resolution was adopted.
"BE IT RESOLVED, that the City of Muskegon, Muskegon, Michigan, does hereby accept the term
of the Agreement as received from the Michigan Department of Natural Resources, and that the
City of Muskegon does hereby specifically agree, but not by way of limitation, as follows:
1. To appropriate the sum of $105,000.00 dollars to match tlie grant
authorized by the DEPARTMENT and to appropriate such additional funds as shall be
necessary to complete the project.
2. To maintain satisfactory financial accounts, documents, and records to make them
available to the DEPARTMENT for auditing at reasonable times.
3. To construct the project and provide such funds, services and materials as may be
necessary to satisfy the term of said Agreement.
4. To regulate the use of the facility constructed and reserved under this Agreement to
assure the use thereof by the public on equal and reasonable terms. ·
5. To comply with any and all terms of said Agreement including all terms not specifically
set forth in the foregoing portions of this Resolution."
VOTE: _?_Ayes
_0_Nays
_0_Absent
STATE OF MICHIGAN )
)ss
COUNlY OF MUSKEGON)
I, Gail A. Kundinger, Clerk of the City of Muskegon, Michigan, do hereby certify that the above is
a true and correct- copy of the Resolution relative to the Agreement with the Michigan
Commission, at a meeting held on January 25, 200~ <ht, \Lduv,
Department of Natural Resources, which Resolution was adopted by the Muskegon City
Q_ o,__
' Gail A. Kundinger, CMC/ Maj
- Muskegon City Clerk
DATE: d- -'5- 00
DN'ir
State of Michigan Department of Natural Resources, Financial Services Division, Grants Management Section
CLEAN MICHIGAN INITIATIVE
RECREATION BOND PROGRAM
DEVELOPMENT PROJECT AGREEMENT
Project Number:
-CM-99-013
----------------
Project Title: Campbell Field Redevelopment
This Agreement is between the Michigan Department of Natural Resources for and on
behalf of the State of Michigan ("DEPARTMENT") and the CITY OF MUSKEGON IN THE
COUNTY OF MUSKEGON ("GRANTEE"). The DEPARTMENT has authority to issue
grants to local units of government for the development of indoor and outdoor recreation
facilities under Part 716 of the Natural Resources and Environmental Protection Act, Act
451 of 1994, as amended. The GRANTEE has been approved by the DEPARTMENT
Director to receive a grant under the Clean Michigan Initiative (CMI) - Recreation Bond
Program. In PA 162 of 1999, the Legislature appropriated CMI - Recreation Bond Funds
to the DEPARTMENT for local recreation grants. 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 legal description of the project area (APPENDIX A); boundary map of the project
area (APPENDIX B) and Recreation Grant application bearing the number CM 99-013
(APPENDIX C) are by this reference made part of this Agreement. The Agreement
together with the referenced appendices 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. The time period allowed for project completion is February 1, 2000 to
February 28, 2002, hereinafter referred to as the "project period." Requests by the
GRANTEE to extend the project period shall be made in writing before expiration of the
project period. Extensions to the project period are at the sole discretion of the
DEPARTMENT. The project period may be extended only upon amendment to this
Agreement.
3. This Agreement shall be administered on behalf of the DEPARTMENT through its
Financial Services Division.
1 of 14 PR1920 (Rev. 01/0512000)
a. All reports, documents, or actions required of the GRANTEE shall be submitted to
the Michigan Department of Natural Resources, Financial Services Division,
Grants Management Section, P.O. Box 30425, Lansing, Michigan 48909-7925.
b. The GRANTEE'S representative for this project is:
Nam.e: -~_R_i_c.,..s.,..c.,..o_t_t_~--~------ Title: Lei sure Services Di rec tor'
9_33_T_e_rr_a.....c___e~",_M_u.....s__k_e~go.....n--''-·.,..M.,..I_4_9_44_0_ _ _ _ _ _ _ __
Mailing Address: ___
Pho he Number: ( 231) 724-~704 Fax Number: (231 )724-1196
c. All notices, reports, requests or other communications from the DEPARTMENT to
the GRANTEE shall be sufficiently given when mailed and addressed as indicated
above. The DEPARTMENT and the GRANTEE may by written notice designate a
different address to which subsequent notices, reports, requests, or other
communications shall be sent.
4. The words "project area" shall mean the land and area described in the attached legal
description (APPENDIX A) and shown on the attached boundary map (APPENDIX B).
5. The words "project facilities" shall mean the following individual components, as further
described in APPENDIX C:
Parking Ballfield Realignment
Irrigation Fencing
Restroom/Shelter Landscaping
Park Amenities
6. The DEPARTMENT agrees as follows:
a. To grant to the GRANTEE a sum of money equal to Seventy-Four (74%) percent
of Four Hundred Thousand ($400,000.00) dollars, which is the total eligible cost
of construction of the project facilities including engineering costs, but in any event
not to exceed Two Hundred Ninety-Five Thousand ($295,000.00) dollars.
b. To grant these funds in the form of reimbursements to the GRANTEE for eligible
costs and expenses incurred as follows:
1. Payments will be made on a reimbursem·ent basis at Seventy-Four (74%)
percent of the eligible expenses incurred by the GRANTEE up to 90% of the
maximum reimbursement allowable under the grant.
2 of 14 PR1920 (Rev. 01/0512000)
ii. Reimbursement will be made only upon DEPARTMENT review and approval
of a complete reimbursement request submitted by the GRANTEE on a form
provided by the DEPARTMENT which includes an expenditure list supported
by documentation as required by the DEPARTMENT, including but not limited
to copies of invoices, cancelled checks, and/or list of force account time and
attendance records.
iii. All grants are subject to audit, at the discretion of the DEPARTMENT. The
DEPARTMENT may begin auditing the project's financial records upon
approval of the final reimbursement request by DEPARTMENT engineering
staff. The DEPARTMENT may issue an audit report with no deductions or
may find some costs ineligible for reimbursement.
iv. Final payment 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 the sum of One Hundred Five Thousand
($105,000.00) dollars. This sum represents Twenty-Six (26%) percent of the
total eligible cost of construction including engineering costs. Any cost overruns
incurred to complete the project facilities called for by this Agreement shall be the
sole responsibility of the GRANTEE.
b. With the exception of engineering costs as provided for in Section 8, to incur no
costs toward completion of the project facilities prior to execution of this Agreement
and prior to written DEPARTMENT approval of plans, specifications and bid
documents.
c. To complete construction of the project facilities to the satisfaction of the
DEPARTMENT and to comply with the development project procedures set forth by
the DEPARTMENT in completion of the project, including but not limited to the
following:
i. Retain the services of a professional architect, landscape architect, or
engineer, registered in the State of Michigan to serve as the GRANTEE'S
Prime Professional. The Prime Professional shall prepare the plans,
specifications and bid documents for the project and oversee project
construction.
ii. Within 180 days of execution of this Agreement and prior to initiating the
project, provide the DEPARTMENT with plans, specifications, and bid
documents for the project facilities, sealed by the GRANTEE'S Prime
Professional.
3 of 14 PR/920 (Rev. 01/0f/2000)
iii. Openly advertise and seek written bids for contracts for purchases and
services with a value equal to or greater than $10,000 and accept the lowest
qualified bid as determined by the GRANTEE'S Prime Professional.
iv. Solicit three (3) written quotes for contracts for purchases and services
between $1,000 and $10,000.
v. Maintain detailed written records of the contracting processes used and to
submit these records to the DEPARTMENT upon request.
vi. Complete construction to all applicable local, state and federal codes,
including the federal Americans with Disabilities Act (ADA) of 1990, as
amended; the Persons with Disabilities Civil Rights Act, Act 220 of 1976, as
amended; the Playground Equipment Safety Act, P.A. 16 of 1997; and the
Utilization of Public Facilities by Physically Limited Act, P.A. 1 of 1966, as
amended.
vii. Correct any deficiencies discovered at the final inspection within 90 days of
written notification by the DEPARTMENT. These corrections shall be made
at the GRANTEE'S expense and are eligible for reimbursement at the
discretion of the DEPARTMENT and only to the degree that the GRANTEE'S
prior expenditures made toward completion of the project are less than the
grant amount allowed under this Agreement.
d. To operate project facilities, for a minimum of their useful life as determined by the
DEPARTMENT and to regulate the use thereof to the satisfaction of the
DEPARTMENT, and to appropriate such monies and/or provide such services as
shall be necessary to provide such adequate maintenance.
e. To provide to the DEPARTMENT for approval, a complete tariff schedule containing
all charges to be assessed against the public utilizing the project area and/or any of
the facilities constructed thereon, and to provide to the DEPARTMENT for approval,
all amendments thereto before the effective date of such amendments.
f. To adopt such ordinances and/or resolutions as shall be required to effectuate the
provisions of this Agreement; certified copies of all such ordinances and/or
resolutions adopted for such purposes shall be forwarded to the DEPARTMENT
before their effective date.
g. To separately account for any revenues received from the project area which
exceed the demonstrated operating costs and to reserve such surplus revenues for
the future maintenance and/or expansion of the GRANTEE'S park and recreation
program.
4 of 14 PR1920 (Rev. 01/0f'/2000)
h. To furnish the DEPARTMENT, upon request, detailed statements covering the
annual operation of the project area and/or project facilities, including income and
expenses and such other information the DEPARTMENT might reasonably require.
i. To maintain the premises in such condition as to comply with all federal, state, and
local laws which may be applicable and to make any and all payments required for
all taxes, fees, or assessments legally imposed against the project area.
j. To erect and maintain a sign approved by the DEPARTMENT on or on conjunction
with the park entry sign of the property which designates this project as one having
been constructed with assistance from the Clean Michigan Initiative Bond. The
size, color, and design of this sign shall be in accordance with DEPARTMENT
specifications.
8. Only eligible costs and expenses incurred toward completion of the project facilities
during the project period shall be considered for reimbursement under the terms of this
Agreement. Eligible engineering costs incurred toward completion of the project
facilities in the six months preceding the project period are also eligible for
reimbursement. Any costs and expenses incurred after the project period shall be
totally the responsibility of the GRANTEE.
9. To be eligible for reimbursement, the GRANTEE shall comply with the reporting
requirements of the DEPARTMENT during the period covered by this Agreement. At a
minimum, the GRANTEE shall:
a. Submit a written progress report every 180 days during the project period.
b. Submit complete requests for reimbursement when the GRANTEE is eligible to
request at least 25 percent of the grant amount.
c. Submit a complete final reimbursement request within 90 days of the project
completion and no later than May 31, 2002. If the GRANTEE fails to submit a
complete final request for reimbursement by May 31, 2002 the DEPARTMENT may
make final payment based on documentation on file as of that date or may
terminate this Agreement and require full repayment of grant funds by the
GRANTEE.
d. The GRANTEE is eligible for reimbursement only upon completion of any drinking
water systems and/or restroom facilities, including associated facilities needed for
barrier-free access to the restroom facilities, that are included in the project facilities
as defined in Section 5. Failure of the GRANTEE to complete during the project
period any drinking water systems and/or restroom facilities that are included in the
project facilities constitutes a breach of this Agreement.
5 of 14 PR/920 (Rev. 01/0f/2000)
10. During the project period , the GRANTEE shall obtain prior written authorization from
the DEPARTMENT before adding, deleting or making a significant change to any of
the project facilities as proposed. Approval of changes are solely at the discretion of
the DEPARTMENT. Furthermore, following project completion, the GRANTEE shall
obtain prior written authorization from the DEPARTMENT prior to implementing a
change that significantly alters the project facilities as constructed and/or the project
area, including but not limited to discontinuing use of a project faci lity or making a
significant change in the recreational use of the project area.
11 . All project facilities constructed or purchased by the GRANTEE under this Agreement
shall be placed and used at the project area and solely for the purposes specified in
APPENDIX C and this Agreement.
12. The project area and all facilities provided thereon and the land and water access
ways to the project facilities shall be open to the public at all times on equal and
reasonable terms. No individual shall be denied ingress or egress thereto or the use
thereof on the basis of sex, race, color, religion, national origin, residence, age, or
disability.
13. Unless an exemption has been authorized by the DEPARTMENT pursuant to this
Section, the GRANTEE hereby represents that it possesses fee simple title, free of
all liens and encumbrances, to the project area. The fee simple title shall not be
subject to: (a) any possibility of reverter or right of entry for condition broken or any
other executory limitation which may result in defeasance of title or (b) to any
reservations or prior conveyance of coal, oil, gas, sand, gravel or other mineral
interests. For any portion of the project area that the GRANTEE does not possess in
fee simple title, the GRANTEE hereby represents that it has:
a. Received a written exemption from the DEPARTMENT prior to the execution of this
Agreement, and
b. Received prior written approval from the DEPARTMENT of a lease and/or
easement for the property not held in fee simple title as indicated in written
correspondence from the DEPARTMENT dated r;'.-:'/Sh·A1-jW
V
~-:c~.i
and
c. Supplied the DEPARTMENT with an executed copy of the approved lease or
easement, and
d. Confirmed through appropriate legal review that the terms of the lease or easement
are consistent with GRANTEE'S obligations under this Agreement and will not
hinder the GRANTEE'S ability to comply with a11 requirements of this Agreement. In
no case shall the lease or easement tenure be less than 15 years from the date of
execution of this Agreement.
6 of 14 PR1920 (Rev. 01/0512000)
14. The GRANTEE shall not allow any encumbrance, lien, security interest, mortgage or
any evidence of indebtedness to attach to or be perfected against the project area or
project facilities included in this Agreement.
15. None of the project area nor any of the project facilities constructed under this
Agreement shall be wholly or partially conveyed during the life of said project, either
in fee or otherwise or leased for a term of years or for any other period, nor shall
there be any whole or partial transfer of the lease title, ownership, or right of
maintenance or control by the GRANTEE except with the written approval and
consent of the DEPARTMENT.
16. The assistance provided to the GRANTEE as a result of this Agreement is intended
to have a lasting effect on the supply of recreation and recreation facilities beyond
the financial contribution alone and permanently commits the project area to
Michigan's recreation estate, therefore:
a. The GRANTEE agrees that the project area or any portion thereof will not be
converted to other than public recreation use without prior written approval by the
DEPARTMENT and implementation of mitigation approved by the
DEPARTMENT, including but not limited to replacement with land of similar
recreational and monetary value.
b. Approval of a conversion and the required mitigation requirements shall be at the
sole discretion of the DEPARTMENT.
c. The DEPARTMENT may waive mitigation requirements for a conversion based
on the age of the project facilities and the DEPARTMENT'S determination that the
conversion will have minimal negative impact on the project area and project
facilities. Approval of a waiver shall be at the sole discretion of the
DEPARTMENT.
d. Before completion of the project, the GRANTEE and the DEPARTMENT may
mutually agree to alter the project area through an amendment to this Agreement
to provide the most satisfactory public recreation area.
17. Should title to the project area or any portion thereof be acquired from the GRANTEE
by any other entity through exercise of the power of eminent domain, the GRANTEE
agrees that the proceeds awarded to the GRANTEE shall be used to replace the
lands and project facilities affected with recreation lands and project facilities of equal
or greater fair market value, and of reasonably equivalent usefulness and locality.
The DEPARTMENT shall approve such replacement only upon such conditions as it
deems necessary to assure the substitution of GRANTEE of other recreation
properties and project facilities of at least equal fair market value and of reasonably
equivalent usefulness and location. Such replacement shall be subject to all the
provisions of this Agreement.
7 of 14 PR1920 (Rev. 01/0::12000)
18. The GRANTEE acknowledges that:
a. The GRANTEE has examined the project area and that it has found the property to
be safe for public use or that action will be taken by the GRANTEE before
beginning the project to assure safe use of the property by the public, and
b. The GRANTEE is solely responsible for development, operation, and maintenance
of the project area and project facilities, and that responsibility for actions taken to
develop, operate, or maintain the property is solely that of the GRANTEE, and
c. The DEPARTMENT'S involvement in the premises is limited solely to the making of
a grant to assist the GRANTEE in developing same.
19. The GRANTEE assures the DEPARTMENT that the proposed State-assisted action
will not have a negative effect on the environment and, therefore, an Environmental
Impact Statement is not required. Furthermore, the GRANTEE assures the
DEPARTMENT that the project area to be assisted is not a facility as defined in Part
201 of the Natural Resources and Environmental Protection Act, Public Act 451 of
1994, as amended, or has provided the DEPARTMENT with documentation that
Department of Environmental Quality-approved remedial actions have been
implemented to make the site safe for its intended use.
20. The GRANTEE hereby acknowledges that this Agreement does not require the State
of Michigan to issue any permit required by law to construct the recreational project
that is the subject of this Agreement. Such permits include, but are not limited to,
permits to fill or otherwise occupy a floodplain, and permits required under the
Wetland Protection Act and the Inland Lakes and Streams Act. It is the sole
responsibility of the GRANTEE to determine what permits are required for the project,
secure the needed permits and remain in compliance with such permits.
21. The GRANTEE shall acquire and maintain, or cause to be acquired or maintained,
insurance which will protect the GRANTEE from claims which may arise out of or
result from the GRANTEE'S operations under this Agreement, whether performed by
the GRANTEE, a subcontractor or anyone directly or indirectly employed by the
GRANTEE, or anyone for whose acts any of them may be liable. Such insurance
shall be companies authorized to do business in the State of Michigan in such
amounts and against such risks as are ordinarily carried by similar entities, including
but not limited to public liability insurance, worker's compensation insurance or a
program of self-insurance complying with the requirements of Michigan law. The
GRANTEE shall provide evidence of such insurance to the DEPARTMENT at its
request.
22. Nothing in this Agreement shall be construed to impose any obligation upon the
DEPARTMENT to operate, maintain or provide funding for the operation and/or
maintenance of any recreational facilities on the project area.
8 of 14 PR1920 (Rev. 01/0E/2000)
23. 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.
24. The GRANTEE is solely responsible for all claims, demands, or judgments and
expenses, including attorney fees, from any and all loss, damage, or injury to person
or property, or death arising under or in any manner related to the Agreement, the
activities authorized by the Agreement, or the use and occupancy of the premises,
project area or project facilities.
25. Failure by the GRANTEE to comply any of the provisions of this Agreement shall
constitute a material breach of this Agreement.
26. 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
recreation grant projects until the violation is resolved to the satisfaction of the
DEPARTMENT; and/or
c. Withhold action on all pending and future grant applications submitted by the
GRANTEE under the Clean Michigan Initiative - Recreation Bond and the
Michigan Natural Resources Trust Fund; and/or
d. Require the GRANTEE to pay penalties or perform other acts of mitigation or
compensation as directed by the DEPARTMENT; and/or
e. Require repayment of grant funds paid to GRANTEE; and/or
f. Require specific performance of the Agreement.
27. The GRANTEE shall return all grant money if the project area or project facilities are
not constructed, operated or used according to this Agreement.
28. 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.
9 of 14 PR/920 (Rev. 01/0512000)
29. The DEPARTMENT shall terminate and recover grant funds paid if the GRANTEE or
any subcontractor, manufacturer, or supplier of the GRANTEE appears in the register
compiled by the Michigan Department of Labor pursuant to Public Act No. 278 of
1980.
30. The GRANTEE hereby agrees to bury-all new telephone and electrical wiring within
the project area.
31. The GRANTEE may not assign or transfer any interest in this Agreement without
prior written authorization of the DEPARTMENT.
32. The GRANTEE shall fully comply with Parts 196 and 716 of P.A. 451 of 1994, as
amended.
33. The rights of the DEPARTMENT under this Agreement shall continue in perpetuity.
34. The Agreement may be executed separately by the parties. This Agreement is not
effective until:
a. The GRANTEE has signed it and returned it together with the necessary
attachments within 90 days of the date the Agreement is issued by the
DEPARTMENT, and
b. the DEPARTMENT has signed it.
10 of 14 PR/920 (Rev. 01/0512000)
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals, the day and date first above written .
GRANTEE
SIGNED:
WITNESSED BY:
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
SIGNED:
WITNESSED BY:
Title: Manager, Grants Management Section
Financial Services Division
Date:
11 of 14 PR1920 (Rev. 01/0512000)
2000-19(a)
CITY OF MUSKEGON
Resolution
Upon motion made by As l akson seconded by Spataro , the following ·
resolution was adopted.
"BE IT RESOLVED, that the City of Muskegon, Muskegon, Michigan, does hereby accept the term
of the Agreement as received from the Michigan Department of Natural Resources, and that the
City of Muskegon does hereby specifically agree, but not by way of limitation, as follows:
1. To appropriate the sum of $105 1 000. 00 dollars to match the grant
authorized by the DEPARTMENT and to appropriate such additional funds as shall be
necessary to complete the project.
2. To maintain satisfactory financial accounts, documents, and records to make them
available to the DEPARTMENT for auditing at reasonable times.
3. To construct the project and provide such funds, services and materials as may be
necessary to satisfy the term of said Agreement.
4. To regulate the use of the facility constructed and reserved under this Agreement to
assure the use thereof by the public on equal and reasonable terms.
5. To comply with any and all terms of said Agreement including all terms not specifically
set forth in the foregoing portions of this Resolution."
VOTE: _7_Ayes
_0_Nays
_0_Absent
Gail A. Kundinger, CMC/AAE
City Clerk
STATE OF MICHIGAN )
)ss
COUNlY OF MUSKEGON)
I, Gail A. Kundinger, Clerk of the City of Muskegon, Michigan, do hereby certify that the above is
a true and correct copy of the Resolution relative to the Agreement with the Michigan
Department of Natural Resources, which Resolution was adopted by the Muskegon City
Commission, at a meeting held on January 25, 2000.
Gail A. Kundinger, CMC/AAE
· Muskegon City Clerk
DATE: 'J_ - '5"-<9 0
APPENDIX A
LEGAL DESCRIPTION OF THE PROJECT AREA
12 of 14 PR1920 (Rev. 01/0512000)
REALTOR'S SUMMARY SHEET
Parcel: 61-24-036-200-0005-00 Owner's Name: CITY OF MUSKEGON
Property Address: BARCLAY ST Map Number: 24-30-36-200-003
Property Class: 707 School District: 61010 City of Muskegon
Prev. Class : 707 Neighborhood: 700 .. 700.EXEMPT
Public Impr.: Paved Road, Storm Sewer, Sidewalk, Water, Sewer, Electric, Gas,
Curb
Topography: Level, Landscaped
Legal Description: Mailing Address:
NE 1/4 OF SW 1/4 OF NE 1/4 SEC 36 Tl0N SECOR BARCLAY & YOUNG
Rl7W
Physical Property Characteristics
2000 S.E.V.: Taxable: Land Value:
1999 S.E.V.: Taxable: Acreage: o.oo
Zoning: OSR Frontage: 0.0
Homestead: 0.000% Land Impr. Value: Average Depth: 0.0
APPENDIX B
BOUNDARY MAP OF THE PROJECT AREA
13 of 14 PR1920 (Rev. 01/0512000)
--~y15;20~0 16: 42 1241196 LEISURE PAGE 02
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APPENDIXC
RECREATION GRANT APPLICATION CM 99-013
(incorporated herein by reference)
14 of 14 PR1920 (Rev. 01/0!'12000)
Date: January 7, 2000
To: Honorable M~~r and City Commissioners
From: Ric Scott 11/J✓
RE: Aquatic Weed Control Bids
SUMMARY OF REQUEST:
To award a contract to Professional Lake Management for
controlling aquatic weeds at Hartshorn Marina
FINANCIAL IMPACT:
$5,894 the first year
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
A ffinnali\'l· At.:111111
n 1/724- 6703
FX'\ /722- 12 14
t\.sq•s•w r
23 1/72 4-6708
FA\/72<,-5 1H I
Cl'IIIL'IL'l'Y
2J 1/724-6783
FA\/72<,-56 17
( ·i, ii Scn•in·
23 1/724-67 16
FA\ 1724-41155 West Miclllgan's Shorelbm City
C ieri,
23 1/724-67115
F, \ .\ /72 4-4 178
Date: January 7 , 2000
Cumm. & N eigh.
Sen in~ To: Honorable ~;~~nd City Commissioners
2J l /7l4-67 l 7
FA\/726-250 1
From: Ric Scott fev'-r-
E 1,g i 11L'l'r i11g
23 1/72 4-(,7117 Re: Aquatic Weed Control Contract
F.\X/727-6911-1
Finan re
2.1 1/72 4-67 13 On Tuesday, December 21 , 1999, five bids were received
FA\/72 4-6768
to provide chemical treatment of aquatic plants in
Fire Dcpt.
23 1/724-6792
Hartshorn Marina. The five bids received were as
F, \ .\/724-6985 follows:
Income l:I\ Aquatic Nuisance Plant control, Inc $5,280
23 1/724-6770
FAX/72-1-(,76H
Professional Lake Management $5,894
Info. Sysll'ms
23 1/724-(,744 Aqua-Weed Control , Inc. $6,875
FA\/722-43111
Aquatic Management Services , Inc. $7,250
Lc1M1 n· !-:irn·ic('
23 1/724-6704
FAX/72 4- 1 I 96
Each of the firms also gave us quotes for the years 2 001
through 2004.
i\l:111agcr's Office
2J 1/72 ,1-(,724 Professional Lake Management has been doing the work at
F.\ \/722- 12 14
the Marina for many years and has done a very good job .
,\ l :iyor 's Offi ce
23 1/724 -67111 The apparent low bidder did not include the $150 state
F.-\ \/722- 12 14
fee in his bid. He has been doing work on Mona Lake ,
~ (•igh. & Co11s1. however , and is contracted for there next year.
231/724-(,7 15
I·.\ \/72<,-2511 I
Pla 11ui11~/Zo11iug
Because of our track record with Professional Lake
2J 1/72 4-6702 Management and the minimal cost difference , $464, I am
FA\/724-67911
recommending we contract with Professional Lake
Po lin Dc11t.
2.l I /72 4-/,7511
Management. Further, I would ask that we contract with
F.-\.\ /722-5 14 0 them on a year to year basis through 2004 at the City's
Puh lit: \\'orl\,
option.
2J l /724-4 l 0U
FAX/722-4 188 Thank you for your consideration .
Trca:,.u rcr
2J I /7 24-(, 720
F \ X/7 H-<,76H
\\·;,fl'r Billi ng Ocpl.
23 1/724-67 18
F. \ \/72 4-6768
\ \'ak r Filtrn lio11
2J I /72-l-4 I06
FA\/755-5290
C ity of Muskegon, 933 Ter race Street, P.O. Box 536, Muskegon, M I 49443-0536
Date: January 18, 2000
To: Honorable ~j~ and City Commissioners
From: Ric Scott ~ilt/-
RE: Lakeshore Trail Phase Ill Architect
SUMMARY OF REQUEST:
To hire FTC & H to finalize the engineering and
construction management of Phase III of the Lakeshore
Trail.
FINANCIAL IMPACT:
Not to exceed $56,800
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affi nn,1lin· Act iur,
23 1/7H- 67113
FA.\/722- 12 1-1
As~cs~or
23 1172-1-<, 708
I· ,\.\:1726-518 1
Ct.'llll'ICI")
23 1172-l-67H3
F,\.\ /726-561 7
( "idl St·n ice
23 1/72-1-67 16
FA.\/72-1--11155 West Mlch.lgan's Shol'el.lne City
C ieri,
23 1/72-1-<,705
F. \.\/72-1--1178
Date: January 18, 2000
i{if4fr'1l
C-11111 111. & Ncil-!,h.
To: Honorable Commissioners
23 1172-1-6 717 City
F.-\.\/72<,-250 I
From: Ric Scott
E111,!i 11ccri n1!
23 1172-1-(, 7117 Re: Lakeshore Trail Phase I I I Architect
I·. \.\ /72 7-690-1
The City has received a $600,000 MOOT grant to construct
H11:1111·c
2.1 1172-1-6713
phase I I I of the Lakeshore Trail. The design of the
FA.\/72-1-6768 trail was done with a Coastal Management grant just over
Fire lkpl.
a year ago. FTC & H was the engineering firm that
2.1 l tn-1-6792 worked with OCBA to design the trail .
FA.\/72 -1-6985
l11c11111c Ta.\
I am requesting that we hire FTC & H to provide bidding,
23 1/72-1-6770 construction administration, construction oversight,
F,\.\172-1-6768
construction layout, and testing services for a not to
Info. Syskms exceed figure of $56,800.
2.11/72-1-67-1-I
FA.\/722--130 I
My original intent was to extend the contract with OCBA.
l.cisun.• St·rvin~ However, most of the work at this point of the project
23 I /72-1-<, 711-1
Fr\.\172-1-1 196
requires an engineer because this is an MOOT project
using Enhancement Funds. FTC & H have done all the
I\ l:111agc r'" Office
23 1172-1-672-1 engineering work on the project to date. They will be
F. \X/722- 12 1-1 coordinating the design with OCBA. Consequently, this
i\layor', O fficl' is really an extension of the original contract with
2J 1172-1-670 I
F.\X/722- 12 1-1
OCBA to do the design work.
i\L·ig h. & Cons t. The City Engineer and I have met with FCT & H to come up
S t.·1,in·~
23 1172-1-(,715
with this figure. This is considerably less than the
FA.\172G-2SII I 12% often used to oversee MOOT projects.
Pl.11111i11c/l.oning Funding for this project will come from the Golf Course
231/72-1-(,7112
F, \ .\/72-1-6 7'!11 fund.
Polkt.· Dt.•pl. Thank you for your consideration.
23 1/72-1-6750
F. I X/722-5 1-111
Puhlic \ \'orl<:--.
23 1112-1--11 no
FA.\/722--1188
·r n •as urcr
2.1 1172-1-67211
FAX/72-1-6768
\\":, !er Billi11~ Depl.
2.11172-1-67 18
F.-\.\/72-1-6768
\\ 'al t•r Filtration
23 1/71-1--11116
F.\.\ /755-52 911
C ity of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
Date: January 25, 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
Organizational Meeting that was held on Tuesday, January 4, 2000, and
the Regular Commission Meeting that was held on Tuesday, January
11, 2000.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
COMMITTEE RECOMMENDATION: Committee of the Whole will
review this item January 24, 2000.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 25, 2000
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, January 25, 2000.
Mayor Nielsen opened the meeting. Commissioner Shepherd offered a prayer after
which members of the City Commission and the members of the public joined in reciting the
Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING
Present: Mayor Fred J. Nielsen; Vice Mayor Scott Sieradzki; Commissioners John Aslakson,
Robert Schweifler, Clara Shepherd, Lawrence Spataro
Absent: Commissioner Jone Wortelboer Benedict {arrived at 5:54 p.m.)
2000-019 CONSENT AGENDA
a. Campbell Field Agreement.
LEISURE SERVICES
SUMMARY OF REQUEST: To authorize the mayor and clerk to sign the attached agreement
with the DNR accepting the Clean Michigan Initiative (CMI) grant to renovate Campbell
Field.
FINANCIAL IMPACT: $400,000 project - $105,000 in local match
BUDGET ACTION REQUIRED: None, included in 2000 budget.
STAFF RECOMMENDATION: Approve
COMMITTEE RECOMMENDATION: The Committee of the Whole recommended approval.
b. Aquatic Weed Control Bids.
LEISURE SERVICES
SUMMARY OF REQUEST: To award a contract to Professional Lake Management for
controlling aquatic weeds at Hartshorn Marina.
FINANCIAL IMPACT: $5,894 the first year.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve
COMMITTEE RECOMMENDATION: The Committee of the Whole recommended approval.
c. Lakeshore Trail Phase Ill Architects.
LEISURE SERVICES
SUMMARY OF REQUEST: To hire FTC&H to finalize the engineering and construction
management of Phase Ill of the Lakeshore Trail.
FINANCIAL IMPACT: Not to exceed $56,800.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve
COMMITTEE RECOMMENDATION: The Committee of the Whole recommended approval.
d. Approval of Minutes.
CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Organizational Meeting that was
held on Tuesday, January 4, 2000, and the Regular Commission Meeting that was held on
Tuesday, January 11, 2000.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommended approval
as submitted with addition by City Clerk.
e. Liquor License Transfer Request, 860 W. Sherman.
CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommendation on a
request from Lighthouse Beverages, L.L.C. to transfer ownership of the 1999 SDD and SDM
licenses with Sunday sales permit from Walgreen Co. and to transfer location from 840 W.
Sherman to 860 W. Sherman.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION: The Committee of the Whole recommended approval.
JANUARY 25, 2000 2
f. Fireworks Display Permit- L.C. Walker Arena.
CITY CLERK
SUMMARY OF REQUEST: Steven R. Franklin, Summit Pyrotechnics, is requesting approval of
a fireworks display for the February 2, 2000, hockey game. Fire Marshall Grabinski has
reviewed the request and recommends approval contingent on inspection of the fireworks
the day of the show; and receipt and approval of the insurance.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the application.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommended approval
of the display contingent upon receipt of insurance and approval of insurance by city risk
authority and final inspection by fire department.
g. Sale of Urban Renewal Property on Albert Ave. for Infill Housing Program.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Approval of resolution to proceed with the sale of Urban Renewal
property on the south side of Albert Ave., east of Creston St., to Bethany Nichols of 531 S.
Getty Ave., Muskegon. This sale will join two parcels together to create one buildable parcel
measuring 74' x 132'. The property was appraised with a value of $3,500.00. Ms. Nichols has
submitted a bid of $3,500.00. There were no other bidders. Ms. Nichols plans to construct a
home on the site as part of the City's HOME Infill Housing Program.
FINANCIAL IMPACT: Sale will allow the property to be placed back on the City's tax rolls
and will relieve the City from further maintenance. Pursuant to the conditions of sale, Ms.
Bethany Nichols agrees to construct a single-family residence upon the lot within 18 months
of the date of sale.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the resolution and authorization
for the Mayor and Clerk to sign off on the deed.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommended approval.
h. Muskegon Rescue Mission Lease Agreement.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Approval to enter into a lease agreement with the Muskegon
Rescue Mission, of 1691 Peck St., for property on the corner of Laketon Ave. and Park St. The
subject property was part of the City's 1996 purchase of trail property from Laketon Ave. to
Grand Ave., but this particular piece is not necessary for the trail. However, since the trail
property was purchased as part of the golf course conversion, the City cannot sell the
property. The Rescue Mission, Men's Shelter is located adjacent to the subject property and
they are planning to move their retail store also to the location. They plan to use the subject
JANUARY 25, 2000 3
property for extra parking. The proposed lease agreement is for thirty years and the Rescue
Mission has signed the agreement.
FINANCIAL IMPACT: The proposed lease agreement is for a $1 rent for the property for the
thirty-year lease, since the lease is for non-profit purposes which are of benefit to the City.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the lease agreement.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommended approval.
i. Budgeted Vehicle Replacements.
PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase three Detective cars from Buff Whelen
Chevy for $14,229.56 each. From Bill Snethkamps Dodge one ¾-ton 4x4 pickup, $17,870.47,
and one 1-ton 4x4 chassis cab $18,706.47. From Red Holman GMC one GMC Sonoma
$10,591.00, two ¾-ton extended cab 2 w/d pickups $17,715.00 each, one 1-ton chassis cab
$17,115.00 ..
FINANCIAL IMPACT: $142,401.62 (Equipment Fund)
BUDGET ACTION REQUIRED: None $153,000.00 is budgeted for these purchases.
STAFF RECOMMENDATION: Approve purchases of three Detective cars from Buff Whelen
Chevy for $14,229.56 each. From Bill Snethkamps Dodge one ¾-ton 4x4 pickup $17,870.47,
and one 1-ton 4x5 chassis cab $18,706.47.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommended approval.
j. Plow Truck Chassis.
PUBLIC WORKS
SUMMARY OF REQUEST: Approval of bid by Woodland International Trucks, Inc. for two
new plow truck chassis, for $45,982.25 each, price held over for last two years.
FINANCIAL IMPACT: Bid of $45,982.25 each for a total of $91,964.50.
BUDGET ACTION REQUIRED: None, $140,000 is budgeted for this purchase.
STAFF RECOMMENDATION: Recommend approval of purchase of two plow truck chassis
from Woodland International Trucks Muskegon, Inc. for $91,964.50
COMMITTEE RECOMMENDATION: The Committee of the Whole recommended approval.
k. 2000 Police Cruiser Purchase.
PUBLIC WORKS
SUMMARY OF REQUEST: Purchase of 8 Ford Crown Victoria patrol cars from Jorgensen
Ford, State purchasing contract, at $20,515.00 each for a total of $164,120.00.
JANUARY 25, 2000 4
FINANCIAL IMPACT: $164,120.00 (Equipment Fund)
BUDGET ACTION REQUIRED: None, $176,000.00 is budgeted for this purchase.
STAFF RECOMMENDATION: Purchase of 8 Crown Vies from Jorgensen Ford for a total of
$164, 120.00, to replace existing units.
1999 price per unit - $20, 173.00
2000 State Purchasing Contract/per unit - $20,515.00
COMMITTEE RECOMMENDATION: The Committee of the Whole recommended approval.
I. Alley Vacations in the Samburt Park Addition Subdivision.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for vacation of several alleys in the Samburt Park
Addition, block bounded by Evanston Ave., Burton Rd., Samburt St. and Flower Ave. This
request only includes the alleys indicated on the map.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the proposed alleys with the
condition that all City easement rights be retained. The Planning Commission
recommended vacation of the proposed alleys with the condition that all City easement
rights be retained.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommended approval.
m. Rezoning Request for property located on Holbrook.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located on Holbrook Ave., between
Sixth and Commerce Streets, from 1-2, General Industrial to B-4, General Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends denial of the request due to lack of
compliance with the future land use map and Master Land Use Plan. Staff recommended
that the applicant consider applying for a rezoning to B-2 instead, as it would be a lower
intensity commercial district and would still allow the applicant to use the site as they wish to.
The Planning Commission concurred with staff's recommendation to deny the request and
also recommended that staff waive the application fee if the applicant returns with a
request for a rezoning to B-2 for the site.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommended denial of
the request.
JANUARY 25, 2000 5
n. Purchase of Property from Cole's for the Muskegon Lakeshore Trail.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Approval of resolution and purchase agreement for property
owned by Cole's Quality Foods, which is required for the Lakeshore Trail. The purchase price
is $6,300.00, which is the appraised value of the property. Through this agreement, the city
will also be agreeing to construct a fence along the property, which matches the current
wrought iron fencing, as well as agreeing to match existing lighting and security on the
fence. The City will also be agreeing to remove any existing trees from the property. The
purchase agreement has already been signed by Cole's.
FINANCIAL IMPACT: Purchase will allow the Lakeshore Trail project to continue. The price
for the property is $6,300.00 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: The Committee of the Whole recommended approval.
o. Police and Fire Pension Ordinance Amendment.
CITY MANAGER
SUMMARY OF REQUEST: To approve an amendment to the Police and Fire Pension
Ordinance that would allow non-union police command officers to retire at age 53 during a
specific period of time.
FINANCIAL IMPACT: The actuarial cost is approximately $34,000.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the ordinance amendment.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommended approval.
p. Amoco Property.
CITY ATTORNEY
SUMMARY OF REQUEST: The contract has been amended to satisfy the City concerning its
responsibilities and risks on the Amoco property, which we are proposing to acquire to use
for a large segment of the Lakeshore Trail. The concerns included, primarily, an agreement
proposed to us which required us to indemnify Amoco for all kinds of pollution which could
have caused third party injury, but which was caused by them. The changes made in this
document do away with that concern. This is ready for approval PROVIDED Amoco sends us
one other document, a proposed restrictive covenant document, with changes concerning
the expense of soil removal by Amoco, and a change regarding the need for Amoco
approval of our improvements - the trail, or park, or other uses.
JANUARY 25, 2000 6
FINANCIAL IMPACT:
BUDGET ACTION REQUIRED:
STAFF RECOMMENDATION: Approval, contingent on those changes, in form acceptable
to the City Manager and/or the City Attorney.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommended approval
contingent upon approval of language by City Manager and City Attorney. Effective upon
signature of Mayor and City Clerk.
q. Concurrence with Housing Board of Appeals Finding and Order for the following:
INSPECTION SERVICES DEPARTMENT
l l 388 Catawba
2) 449 Mclaughlin
SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of
the Housing Board of Appeals that the structures are unsafe, substandard and are public
nuisances and that they be demolished within thirty (30) days. It is further requested that
administration be directed to obtain bids for the demolition of the structures and that the
Mayor and City Clerk be authorized and directed to execute contracts for demolition with
the lowest responsible bidder(s).
FINANCIAL IMPACT: The cost of demolition will be paid with budgeted CDBG funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: (388 Catawba) A dangerous building inspection was
conducted in September of 1998 following a referral from the housing inspector working the
case. The property was vacant and the owner had made no effort to correct code
violations nor had established any contact with the inspector. The order to repair did not
result in any improvements to the structure; therefore the case was referred to the Housing
Board of Appeals on December 3, 1998. No one appeared at the meeting to contest the
department's recommendation that the structure be demolished and there has been no
contact with the owner since the Board's action. The Committee of the Whole on 2/3/99
recommended giving the interested party six months to obtain and bring the property up to
code and that the interested party submit a written timetable on the scheduled repairs and
that a building permit be pulled within 30 days for repairs. To date the work has not been
completed to an acceptable level.
The estimated cost of bringing the property into compliance with City codes is $20,000 -
24,000.
Attached are copies of the minutes of the December 3, 1998 meeting of the Housing
Board of Appeals, the findings of fact and order of the Board dated December 4, 1998, the
findings from a September 9, 1998 inspection of the property and the Committee of the
Whole recommendation of February 1998.
JANUARY 25, 2000 7
STAFF RECOMMENDATION: (449 Mclaughlin) This property has been in a state of
substantial disrepair since at least June of 1998. The housing inspector referred the case as a
dangerous building and a notice to repair or demolish was issued on June 2, 1998. The case
was referred to the Housing Board of Appeals on August 5, 1999 because the owner made
no attempt to correct the violations stated in the order.
No one appeared at the meeting on behalf of the owner and the Board found the
property to be unsafe, substandard and a public nuisance and ordered it demolished. 449
McLaughlin and 447 McLaughlin occupied the same lot. 447 McLaughlin was brought
before the City Commission and the City Commission concurred in the demolition of 447
McLaughlin. 447 McLaughlin is one of the properties originally owned by Jonathon Brandel
and is now in the hands of Spectrum Mortgage Group, Inc. The house has been boarded up
a number of different times, has been a home to cats and varmints. The front lower
apartment had been occupied for months with no water.
Delinquent taxes for winter of 1197, 1998 and 1999 are owed as well as board up costs,
sidewalk assessment and delinquent water bill for a total of $8,890.61.
The estimated cost of bringing the property into compliance with City codes of about
$30,000.
Attached are copies of the minutes of the August 5, 1999 meeting of the Housing Board
of Appeals, the findings of fact and order of the Board dated August 10, 1999 and the
inspection report date 4/12/99.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommended postponing
any action on 388 Catawba until the next meeting when City Commission will be given an
update on the property. The Committee of the Whole recommended concurrence with
Housing Board of Appeals findings and order for 449 McLaughlin.
Motion by Commissioner Aslakson, second by Commissioner Spataro to approve the
Consent Agenda as submitted.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: None ·
Absent: Benedict
ADOPTED
2000-020 PUBLIC HEARINGS:
a. Request for Transfer of Industrial Facilities Exemption Certificate No. 98-624, Source
One Signs.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Source One
Signs, 1756 Lakeshore Drive, Muskegon, Michigan, manufacturer of fleet and vinyl graphics,
interior store signage and exterior signage, has requested the transfer of an Industrial
Facilities Exemption Certificate from Fruitport Township to the City of Muskegon. Total capital
investment for this project is $468,000 in personal property. The project will not result in the
JANUARY 25, 2000 8
creation or retention of any employment opportunities. Source One Signs has a current
workforce of 19 employees.
FINANCIAL IMPACT: The City will capture certain additional property taxes generated by
the expansion.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the attached resolution granting the transfer of
Industrial Facilities Exemption Certificate No. 98-624 for a term of six (6) years.
COMMITTEE RECOMMENDATION: No action was taken on this item.
The Public Hearing opened at 5:45 p.m. to hear and consider any comments from the
public. Matt Dugener gave an overview of the item. No comments were heard.
Motion by Commissioner Schweifler, second by Commissioner Aslakson to close the
Public Hearing at 5:50 p.m.
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Nielsen
Nays: None
Absent: Benedict
ADOPTED
Motion by Commissioner Aslakson, second by Commissioner Shepherd to approve the
transfer of an Industrial Facilities Exemption Certificate from Fruitport Township to the City of
Muskegon.
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Nielsen, Schweifler
Nays: None
Absent: Benedict
ADOPTED
2000-021 NEW BUSINESS:
a. Concurrence with Housing Board of Appeals Finding and Order for the following:
INSPECTION SERVICES DEPARTMENT
451 White
SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of
the Housing Board of Appeals that the structure is unsafe, substandard and is a public
nuisance and that it be demolished within thirty (30) days. It is further requested that
administration be directed to obtain a bid 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
JANUARY 25, 2000 9
STAFF RECOMMENDATION: This property has been in a state of substantial disrepair since
at least 1992. The housing inspector referred the case as a dangerous building and a notice
to repair or demolish was issued on November 3, 1997. The case was referred to the Housing
Board of Appeals on January 8, 1998 because the owner made no attempt to correct the
violations stated in the order.
No one appeared at the meeting on behalf of the owner and the Board found the
property to be unsafe, substandard and a public nuisance and ordered it demolished. It
was brought before the Committee of the Whole on 5/11 /98. Action was halted by court
action, which required that the Housing Board of Appeals provide a new hearing because
Mr. Seals had not been notified. 451 White was reheard at the October 1, 1998 meeting
attended by Mr. Seals and his attorney. The Board declared the building to be unsafe,
substandard and a public nuisance and forwarded it to the City Commission for
concurrence. His attorney filed a Claim of Appeal requested 60 days to make the
corrections. Little progress has been made so it was again returned to the Housing Board of
Appeals on December 2, 1999 who again declared the building to be unsafe, substandard
and a public nuisance. A findings of fact and order was sent out December 8, 1999 ordering
that the owner or interested parties take such action to repair or remove said structure, or
appeal this order within 20 days of the receipt of this order. To date we have heard nothing
from the owner and little progress has been made on the structure.
When first brought to the City Commission for concurrence, it was estimated that the cost
of brining the property into compliance with City codes would be in the range of $21,000 -
$25,000. Property taxes for 1994, 1995, 1996 and 1997 were delinquent.
Attached are copies of the minutes of the January 8, 1998 meeting of the Housing Board
of Appeals, the findings of fact and order of the Board dated 1/12/98, and December 8,
1999, and the October 27, 1997 and January 21, 1998 inspections.
Motion by Commissioner Spataro, second by Commissioner Aslakson to concur with the
Housing Board of Appeals and order the demolition of 451 White.
ROLL VOTE: Ayes: None
Nays: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
FAILS
Motion by Commissioner Spataro, second by Commissioner Shepherd to postpone until
the last meeting in February and to setup an escrow account.
Second withdrawn.
Motion by Commissioner Aslakson, second by Commissioner Shepherd to delay the
demolition until May 31, 2000 with a timetable of repairs and $5,000 in an escrow account.
ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro
Nays: None
ADOPTED
JANUARY 25, 2000 10
b. Liquor License Transfer Request, 157 N. Getty Street.
CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommendation on a
request from PFC Enterprises. L.L.C. to transfer ownership of the 1999 Class C-SDM license
from Joey's Place, Inc.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION: The Committee of the Whole recommended approval.
Motion by Vice Mayor Sieradzki, second by Commissioner Spataro to approve the transfer
of ownership of the 1999 Class C-SDM license from Joey's Place, Inc.
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: None
ADOPTED
c. Alley Vacations in Block 346 {between 7th & 8th Streets).
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for vacation of the west half only of the east/west alley in
Block 346, between Seventh and Eighth Streets. This request is in response to ongoing traffic
issues with Samuel Lutheran Church.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the west half only of the
proposed alley with the condition that all City easement rights be retained. The Planning
Commission recommended vacation of the west half only of the proposed alley with the
condition that all City easement rights be retained.
Motion by Commissioner Aslakson, second by Commissioner Schweifler to vacate the
west half only of the east/west alley in Block 346, between Seventh and Eighth Streets with
the condition that all City easement rights be retained.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict
Nays: None
ADOPTED
d. Request for Planned Unit Development for 2964 Lakeshore Drive. {west of Cottage
Grove Street)
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for a Planned Unit Development approval in the WM,
JANUARY 25, 2000 11
Waterfront Marine Zone for a condominium development at 2964 Lakeshore Dr., west of
Cottage Grove St. The request is from the Archimedes Group LLC.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: If the City Commission is comfortable with the height and
density proposed for this development, staff recommends approval of the PUD provided that
the conditions listed in the resolution are met. The Planning Commission recommended
approval of the PUD by a 5 to 4 vote, with the conditions li~ted on the resolution.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommended approval.
Motion by Vice Mayor Sieradzki, second by Commissioner Spataro to approve the PUD in
the WM zone for a condominium development at 2964 Lakeshore Dr.
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro
Nays: Aslakson, Benedict, Nielsen
ADOPTED
Motion by Commissioner Aslakson, second by Commissioner Schweifler to show support
for the condominium project by a unanimous vote.
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Nielsen, Schweifler
Nays: Benedict
ADOPTED
ANY OTHER BUSINESS:
Commissioners were reminded of the Legislative Policy Committee meeting on January
26that 4:45 p.m.
Congratulations were extended to the Clerk's office for compiling the Policy Book.
PUBLIC PARTICIPATION:
Comments were heard from the audience.
ADJOURNMENT:
The Regular Commission meeting was adjourned at 7:21 p.m.
Respectfully submitted,
G
~gn~~~f
City Clerk
JANUARY 25, 2000 12
Date: January 25, 2000
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Transfer Request,
860 W. Sherman, Muskegon, Ml
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Lighthouse Beverages, L.L.C.
to transfer ownership of the 1999 SOD and SOM licenses with Sunday
sales permit from Walgreen Co. and to transfer location from 840 W.
Sherman to 860 W. Sherman.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: The Committee of the Whole will
meet January 24, 2000, and discuss this request.
Affi;•malivc Action
724·6703
Assessor
724 6708
Cemetery
724·G783
Wffit Michigan's Shoreline L'ity
Civil Service
724·G71G
Clerk
January 13, 2000
724·6705
To:
Engineering
724·6707
From:
Finance
724·6713
Re: Transfer of ownership for liquor license from 840 W. She1man (Walgreen
Co) to 860 W. Sherman (Lighthouse Beverages, L.L.C.)
Fire Dept..
724-(i7!12
The Muskegon Police Department has received a request from the Michigan Liquor
C N. Services Control Commission for an investigation from applicant Lighthouse Beverages, L.L.C.
724·G717
They are requesting to transfer ownership of the existing 1999 SDD & SDM licenses
from Walgreen Co. to Lighthouse Beverages, L.L.C.
l11spec11011s
724·6715 Our department met with C. Richard Puthoff who is a member of Lighthouse Beverages
L.L.C. Puthoff is requesting a liquor license transfer from 840 W. Sherman (Walgreen
Co) to his new business located at 860 W. Sherman (Lighthouse Beverages). This new
Lrislll'eService
724·6704 business will be a retail establishment; at this time the building is under construction. Mr.
Puthoff currently owns Lee's Famous Recipe restaurant.
Manager's Office
72,J-(i72•1 We have searched our records and conducted a Criminal History Check. There are no
records of any arrests or negative contacts with Law Enforcement. We have found no
reason that this transfer of ownership not be approved.
Mayor's Office
72•1·6701
EEG/cmw
Plan11i11g/Zo11i11g
72,J-fi702
Police Dept.
724·6750
l'llhiic Wrn·ks
726·4786
'l'rcm:;urer
7216720
Water Dept. City of Muskegon. P.O. Rox 53(-l, 980 ,Jefferson Street., Muskegon, Michigan 49443-0536
724·6718
MEMO
To: Chief Ed Griffin
CC: Det. Sgt. Dean Roesler
From: Det. Kurt Dykman
Date: 1-5-00
Re: Transfer of ownership for liquor license from 840 W. Sherman (Walgreen Co) to
860 W. Sherman (Lighthouse Beverages, L.L.C.)
Chief Griffin,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Lighthouse Beverages, L.L.C.
Lighthouse Beverages, L.L.C. is requesting to transfer ownership of the existing 1999
SDD & SDM licenses from Walgreen Co. to Lighthouse Beverages, L.L.C.
On 1-5-2000 I met with C. Richard Puthoff who is a member of Lighthouse Beverages
L.L.C. Puthoff is requesting a liquor license transfer from 840 W. Sherman (Walgreen
Co) to his new business located at 860 W. Sherman (Lighthouse Beverages). This new
business will be a retail establishment; at this time the building is under construction. Mr.
Puthoff currently owns Lee's Famous Recipe restaurant.
I have searched MPD records and conducted a Criminal History Check. There are no
records of any arrests or negative contacts with Law Enforcement. I have found no
reason that this transfer of ownership not be approved.
Respectfully submitted,
[( ' ",__:~,,,, ,/~--·
Det. Kurt Dykman
RECEIVED
LIQUOR LICENSE REVIEW FORM atc1 a1999
Business Name: Walgreen Co.
AKA Business Name (if applicable): _ _ _ _ __ _ _ _ _ _ __
Operator/Manager's Name:
Business Address: 840 W. Sherman
Muskegon, MI
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
' \
·Drop/Add Name on License
• Transfer Location lxxl
Drop/Add Stockholder Name
• New Entertainment Permit D
Other _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _...;__ _
tlanuary 4, 2000
Police Department Approved
.
~ Denied D No Action Needed D
I
Income Tax Approved
• Owing D Amount:
Treasurer. Approved
• Owing D Amount:
Zoning Approved
• Denied D Pending ZBA •
NCS Compliance D Remaining Defects .
Fire Department Compliance D Remaining Defects ·_ _ _ _ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
..,- -~~·_,.
2000-19(e)
MICHIGAN DEPARTMENT OF COMMERCE
LIQUOR CONTROL COMMISSION
Request f.D. #59000 RESOLUTION
/
·:
At a _ _R_e...,g=-u_la""'_______
r meeting of the _ _C::. 1.:. .t·:. yL.. .: C;.: o:. :. :m: . :.m:. . :.i. : ,s~s..:. io:::.;n:,:_......,..,.,----=-_..,,c-------
1ReQular. Of Specialj (Townelllp 8-d. Cir, ol VIiiage Councill
called to order by Mayor Niel sen on ~J.:::;anc.:. :u:::.::ao.:. .....
r y___.,_2,._5._
• . .,_2..: ,0;,.:;:.0~0_ _ _ at 5: 30 P.M.
the following resolution was offered:
Moved by Commissioner Aslakson and Supported by Commissioner Spataro
That the request from Lighthouse Beverages, L.L.C., 860 W. Sherman, Muskegon, MI
49441, Muskegon County, to transfer ownership of 1999 SOD & SOM licenses from Walgreen
eo. (An Il l inois Corporation) and transfer location from 840 W. Sherman, Muskegon, MI 49441,
Muskegon County.
be considered for Approval
Approval Disapproval
Yeas: 7 Yeas:
Nays: 0 Nays:
Absent: 0 . Absent:
It is the consensus of this legislative body that the application be Recommended
---
(Roteomm•- a<
_ _ _ _ _ _ _ _ _ _ _ for issuance.
nOI Recom-i
State of Michigan )
55
County of Muskegon)
I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the
City Commission at a ---~Re~g::l!u!!..l.!.Ja,!!r__________
(R09U1&1 or SpecialJ
meeting held on the _J~a;;;.;n.;,.;u;;..;a;;,.;.r-"-y--=2.::..5.L.,_2=-0;;..;0;;..;0"--_
(Daiei
(Signed) -~ Q. -------- (Townsnop.
Gail A. Kundinger, City Cl
C11y. or V1lleQ9 ClerllJ
933 Terrace
(Addi- ot Towmn,p. C.ty o, v,u.v- Boardl
SEAL Muskegon, MI 49440
/ cJ - do - f C}. ). .,,v an Department of Consumer & Industry Services
../ LIQUOR CONTROL COMMISSION
POLI.CE INSPECTION REPORT ON LIQUOR LICENSE REQU EST ' 7150 Harris Drive
P.O. Box 30005
: ~ ..,{;/ . (Authorized by MCL 436.7a) Lansing, Michigan 48909-7505
Please conduct your investigation as soon as possible and complete all four sections of this report.
Return the completed report and fingerprint cards to the Commission.
Request I.D. # 59000
BUSINESS NAME AND ADDRESS: (include zip code)
lighthouse Bcv0ragC'S, L.L.C., 8(,0 \,J. Sherman, MuskP.gon, MI 49441 , Muskegon Co1mty
REQUEST FOR: a transfer ot ownership of 1999 S)) & St)~ licenses fmn Ha1gre.c"fl Co (/\n I1 lino·is Cor?Orntion) and
trans fer location frai1 8110 t~. Shenran, M.iskcsoo, Michigan 49//41, M.iskega, C<xmt.y.
APPLICANT #1: APPLICANT #2:
C. R1chan:I PutJ10ff - r"mt>er
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
1
•• (, ' lhchard Puthoff
1400 Lakflshore Court
~,r-1,.,..,rr,.v, 1T (i/1,11 /,,?1' • ??-?lQn
.,...,,;J-•'11.1 ' 1
DATE OF BIRTH:
I ,._
/ z _5 · 1/'/ '•'
DATE OF BIRTH: -/-2· -t;--~f
If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen:
o Does the applicant have permanent Resident Alien status? o Does the applicant have permanent Resident Alien status?
D Yes ONo D Yes D No
o Does the applicant have a Visa? Enter status: o Does the applicant have a Visa? Enter status:
Date fingerprinted: / - 5 . . 2 0
uO Date fingerprinted: -f -,;.--2- H ~
ARREST RECORD: 0 Felony O Misdemeanor ARREST RECORD: 0 Felony O Misdemeanor
Enter record of all arrests & convictions (attach a signed and Enter record of all arrests & c onvictions (attach a signed and
dated report if more space is needed) dated report if more space is needed)
Can living quarters be reached from the inside of the establishment without going outside? D Yes ,IZI No
Does applicant intend to have dancing or entertainment?
J~J No D Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? ·IZI No D Yes, explain relationship: ..
Will the applicant's proposed location meet 911 appropriate state and local building, plumbing, zoning, fire, sanitation and health lc1ws and
ordinances, if this license is granted? [gj Yes D No
If you are recommending approval subject to certain c onditions, list the conditions: (A11ach a signed and dated report If more space is needed)
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? Yes D No Iii
2. Is the. proposed location satisfactory for this business? Yes D No IBJ
3. Should this request be granted by the Commission? [2:1 Yes D No
4. If any of the above 3 questions were answered no, state your reasons: (A11ach a signed and da1ed report If more space Is needed)
Dale
LC-1800 Rev. 06197
w - .. • p I
.. .. •
•
MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, Michigan 48909-7505
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1(4)]
Muskegon Police Department DATE: December 1O, 1999
Chief of Police
1990 Apple Avenue
Muskegon, Michigan 49442 Request I.D. # 59000
Chief of Law Enforcement Office
Applicant: Lighthouse Beverages, L.L.C. to transfer ownership of 1999 Specially Designated
Distributor and Specially Designated Merchant licenses with Sunday Sales permit from Walgreen
Co. (An Illinois Corporation) and transfer location from 840 W. Sherman, Muskegon, Michigan
49441, Muskegon County to 860 W. Sherman, Muskegon, Michigan 49441, Muskegon County.
Contact: C. Richard Puthoff Scott M. Knowlton, Attorney
1400 Lakeshore Court
Muskegon, Michigan 49441 Phone# (231) 724-4320
Home Phone # (231) 722-2188
Business Phone# (231) 726-2888
Please make an investigation of the application. If you do not believe that the applicants are qualified
for licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License
Request, LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802.
there is not enough room on the front of the form, you may use the back.
Forward your report and recommendations of the applicant to the Licensing Div ision.
NO FINGERPRINTS NECESSARY
[ ] Please include fingerprint cards and $15 . 00 for each
and mail to the Michigan Liquor control commission.
If you have any questions, contact the Licensing Division at
(517) 322-1400.
'I
.I._... ~
?~ra:. : , .
•.. • p
'._ &II
• •
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~ -
• .-
'I
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••
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_. • I I •-..: -•• ,.-.......,__nr-,~-
1 ..
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-" Ls
LC-1972 Rev. 6/92
4880-1658
• •
•
,._ •
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• • I. • ...
•• • •
• • ••
....
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-- •
l •I
MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, Michigan 48909-7505
LOCAL GOVERNMENT 15-DAY NOTICE
[Authorized by MAC 436.1105 (2d)(3)]
Muskegon City Council DATE: December 10, 1999
c/o Gail Kundinger, Clerk
933 Terrace Street
P.O. Box536 Request I.D. # 59000
Muskegon, Michigan 49443
The Liquor Control Commission has received an application from: Lighthouse Beverages, L.L.C. to
transfer ownership of 1999 Specially Designated Distributor and Specially Designated Merchant
licenses with Sunday Sales permit from Walgreen Co. (An Illinois Corporation) and transfer
location from 840 W. Sherman, Muskegon, Michigan 49441, Muskegon County to 860 W. Sherman,
Muskegon, Michigan 49441, Muskegon County.
Contact: C. Richard Puthoff Scott M. Knowlton, Attorney
1400 Lakeshore Court
Muskegon, Michigan 49441 Phone # (231) 724-4320
Home Phone # (231) 722-2188
Business Phone # (231) 726-2888
Specially Designated Merchant (SDM) licenses permit the sale of beer and wine for consumption off the
premises only. Specially Designated Distributor (SDD) licenses permit the sale of alcoholic liquor, other
than beer and wine under 21 per cent alcohol by volume, for consumption off the premises only.
For your information, part of the investigation of the application is conducted by the local law enforcement
agency and investigative forms will be released to them either in person or by mail.
Although local governing body approval is not required by the Michigan Liquor Control Act for off-premise
licenses, the local governing body, or its designee, may notify the Commission within 15 days of receipt of
this letter if the applicant location will not be in compliance with all appropriate state and local building,
plumbing, zoning, fire, sanitation and health laws and ordinances, or if the applicant is considered
ineligible due to other factors.
All conditions of non-compliance must be outlined in detail, indicating the laws and ordinances applicable
in this case, with a copy of the law and/or ordinance submitted with notification.
PLEASE RETURN YOUR RESPONSE TO:
Michigan Liquor Control Commission
Licensing Division
P.O. Box 30005
Lansing, Michigan 48909-7505
LC-3104 Rev. 6/90
,,
4880-2068
...-~~_-i-..· LIQUOR LICENSE REVIEW FOR1'1
Business Name: Walgreen Co .
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
Business Address: 840 W. Sherman
Muskegon, MI
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
-1
·Drop/Add Name on License
• Transfer Location lxxl
Drop/Add Stockholder Name
• New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _--'----
,January 4, 2000
Police Department Approved D Denied D No Action Needed •
Income Tax Approved ~wing D Amount: _ _ _ __
Treasurer. Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA D
NCS Compliance D Remaining Defects ·- --..,----
Fire Department Compliance D Remaining Defects _·_ _ _ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM
Business Name: Walgreen Co .
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
Business Address: 840 W. Sherman
Muskegon, MI
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
. '1
·Drop/Add Name on License
• Transfer Location lxxl
Drop/Add Stockholdeir Name
• New Entertainment Permit D
Other _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _...;..__ _
January 4, 2000
Police Department Approved D Denied D No Action Needed D
I
Income Tax Approved D Owing D Amount: _ _ __
Treasurer. Approved f"Yl Owing D Amount:
~ /y,111/Jf' ~
Zoning Approved D Denied D Pending ZBA D
NCS Compliance D Remaining Defects _ _ __ __
Fire Department Compliance D Remaining Defects _·_ _ _ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM
Business Name: Walgreen Co.
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
Business Address: 840 W. Sherman
Muskegon, MI
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
'\
·Drop/Add Name on License D Transfer Location lxxl
Drop/Add Stockholder Name D New Entertainment Permit D
Other _ _ _ _ __ _ _ _ _ _ _ _ _ __ _ _ _ __ _...;......._ _
January 4, 2000
Police Department Approved D Denied D No Action Needed D
Income Tax Approved
• Owing D Amount:
Treasurer. Approved D Owing D Amount:
Zoning Amiroved ~Denied
---::.:
• Pending ZBA 0
NCS . Compliance D Remaining Defects
Fire Department Compliance D Remaining Defects ._ _ _ _ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM
Business Name: Walgreen Co.
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
Business Address: 840 W. Sherman
Muskegon, MI
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
. -,
·Drop/ Add Name on License
• Transfer Location lxxl
Drop/Add Stockholde!!" Name
• New Entertainment Permit D
Other _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ __ _ _ _ __
January 4, 2000
Police Department Approved D Denied D No Action Needed D
1
Income Tax Approved
• Owing D Amount:
Treasure~ . Approved
• Owing D Amount:
Zoning Approved
• Denied D Pending ZBA •
NCS Compliance D Remaining Defects .
Fire Department Compliance. ~maining Defects ._ _ _ _ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM
Business Name: Walgreen Co.
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
----------------
Business Address: 840 W. Sherman
Muske on, MI
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D Transfer Location lxxl
Drop/Add Stockholder Name D New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Police Department Approved D DeniedD No Action Needed D
Income Tax Approved
• Owing D Amount:
Treasurer. Approved
• Owing D Amount:
Zoning Approved
• Denied D PendingZBA
•
NCS Compliance D Remaining Defects
Fire Department Compliance D Remaining Defects _·_ _ _ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
,ENDER: I also wish to receive the
1Compi'ele items 1 ~nd/or 2 for additional services.
1Complete ltem&~a'nd 4b. · following services {for an
1Print your name and address on the reverse of this foim so tr.at YlC.:l can return this extra fee):
card to you.
•Attach this form to the front of the mailpiece, or on the back if space does not 1. D Addressee's Address
permit
•Write"Retum Receipt Requested' on the mailpiace below the <1rtic!e number.
!The Return Receipt will show to whom lhe article was delivered and the dale
2. • Restricted Delivery
delivered. Consult postmaster for fee.
3. Article Addressed to: 4a. Article Number
~ ~'1. {1e,4-i,,/38~CHUELW~"' ;z_ J'// ,ros- ?7/
f
7 / s~o
. ~, .JX::!L.
JJc0/?!taSKUW::TSltffrf, 1\fiElfi!'O~Srtlf~fifMiml;,
n4b. Service Type
D Registered [)I" Certified
~ -,"o
c>~.b ,. 2 {,.JU
Jc/()cJ v~r-, •
l'o ,(j cc-,:C D Express Mail Insured
D Return Receipt for Merchandise • COD
tokwvi~/ »ll YJfiJ? -- 7u,> r 7. Date of Delivery
F r.··~JT O/riC[ BOX :ro~G
i. Received By: (Print Nameyh,iu, ,,;a(_,.i-•i[:_: /',(·: <;,5:-,;,_ ' a. Addressee's Address (Only if requested
and tee is paid)
>. Signature: {Addressee or Agent)
X
•s Form 31111, December 1994 1025,s.,,.e-0110 Domestic Return Receipt
616/724-6707
FAX/727-6904
Finance
616/724-6713
Liquor Control Commission
FAX/724-6768 7150 Harris
Fire Dept.
PO Box 30005
616/724-6792 Lansing, MI 48909-7505
FAX/724-6985
Income Tax REF: #59000
616/724-6770
FAX/724-6768 860 W. Sherman
Muskegon, MI 49441
Info. Systems
616/724-6975
FAX/724-6768 To Whom It May Concern:
Leisure Service
616/724-6704
FAX/724-6790
Enclosed is the resolution and police inspection report (LC-1800) for the request
from Lighthouse Beverages, L.L.C. to transfer ownership of 1999 SDD & SDM
Manager's Office
616/724-6724
licenses from Walgreen Co. and transfer location from 840 W. Sherman.
FAX/722-1214
Mayor's Office
Please do not hesitate to call me at (616) 724-6705 if you have any questions,
616/724-6701
FAX/722-1214
Sincerely,
Neigh, & Const.
Services
616/724-6715
FAX/726-2501
dvnJ,c, t.tk-_
Planning/Zoning Linda Potter
616/724-6702
FAX/724-6790
Deputy Clerk
Police Dept.
616/724-6750 Enc.
FAX/722-5140
Public Works
616/724-4100
FAX/722-4188
Treasurer
616/724-6720
FAX/724-676!1
Water Dept.
616/724-6718
fAX/724-6768
Water Filtration
616/724-4106
FAX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Date: January 25, 2000
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Fireworks Display - L. C. Walker Arena
SUMMARY OF REQUEST: Steven R. Franklin, Summit Pyrotechnics,
is requesting approval of a fireworks display for the February 2, 2000,
hockey game. Fire Marshall Grabinski has reviewed the request and
recommends approval contingent on inspection of the fireworks the day
of the show; and receipt and approval of the insurance.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the application.
COMMITTEE RECOMMENDATION: Committee of the Whole will
review this item January 24, 2000.
\ I ,
(, , l)l/?5 kI -;33··15 I-~
FM- 32( 12- 68)
APPLICATION
FOR FIREWORKS DISPLAY PERMIT I DATE OF APPLICATION
Act 358, P.A. 1968 I -1,1.-,l(c)c)a
1. TYPE OF DISPLAY,
~ Public Display
• Agricultural Pest Control
.
2. APPLICANT
NAME OF PERSON ADDRESS
AGE:~,... be 21 or over
5\. .-( '·1-~·
.,) I/·',
I'")'~ '"V C Jv'; +e Ii C $ .'IF ,2 1?'"'~-,6..,st,., /
;;:: ::/.;,,
,I
//4}/L,/.
),,.,,;
?.,
,
J,0, •.-,• . I ..I)
IF A CORPORATION: Na1me of President ,
ADDRESS ' I
/. 1
/ / ,/ , < /;-·-.:·· c.-: /J /1 J ///C
3, PYROTECHNIC OPERATOR
NAME ADDRESS AGE: Must be 21 or over
.'5'1-~ •~ ·-
;-,,,, 1/-:-t .,I.)
.-, S·o··, /. 1./,·1 • u.,1- 1c.Jk,,.,,. /;/,()
~-"'-
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EXPERIENCE: I
NUMBER OF YEARS NU~~R OF DISPLAYS WHERE
I ,2_
C, ...>C>c.'?r ,,...z c) ,J I'/'.J' _,,;;, , --✓, rf :./· r-· /l_r~c.. s
NAMES OF ASSISTANTS:
NAME ADDRESS AGE
NAME ADDRESS AGE
4, NON-RESIDENT APPLICANT
NAME ADDRESS
Name of Michigan Attorney or Resident Agent ADDRESS TELEPHONE NUMBER
5, EXACT LOCATION OF PROPOSED DISPLAY
L,c;, ll) / l I k f>.r__ -r 9,::..c t__UC_j_
DATE
I t7
TIME
2-2-2000 ,-l //)
6, NUMBER AND KINDS OF FIREWORKS TO BE DISPLAYED
'7 I';> ,A,> i, . ,.--5 -f··
,~,') 0 I,;/ ........ LJ I;,, Ii u"5" -;-
/// / ) / / •. L),.::J C .
//• ~9 ~- ,,, 0s
//) f· •• • . ✓ ,.__, -f-c> r ~ _;•,
M~N.NER & PLACE OF: ST.CRAG\ PRIOR TO·. ~PLAY
-.../..
/~. t:.··
1
1
[';L,) /Ocl(:~,,./1 s--,-~_J,IC,'?''
7
I UO/// a· I l ,1-_,J _J / / - - ~"' r:~"'
( Subject to Approval of Local Fire Authorities)
A. AMOUNT OF BOND OR INSURANCE
7, FINANCIAL RESPONSIBILITY ( to be set by municipality) $
8, BONDING CORPORATION OF ! NSURANCE COMPANY: NAME I ADDRESS
( See other side for instructions\
2000-19(f)
PERMIT
FOR FIREWORKS DISPLAY
Act 358, P.A. 1968
This permit is not transferable. Possession of this permit by the herein named person will
authorize him to possess, transport and display fireworks in the amounts, for the purpose, and
at the place listed below only.
TYPE OF DISPLAY: l~ PUBLIC DISPLAY ( ) AGRICULTURAL PEST CONTROL
ISSUED TO:
Steve Franklin, Summit Pyrotechnics
NAME
2866 Vandenberg Road
ADDRESS AGE
Muskegon, MI
REPRESENTING Summit Pyrotechnics
NAME OF ORGA..'{!ZATION, GROUP, FIR.\1 OR CORPORATION
2866 Vandenberg Road
ADDRESS Muskegon, MI
NUMBER & TYPES OF FIREWORKS:
20 Airburst 10 Gerbs
20 Color Airburst 10 Fountains
10 Mines
DISPLAY: L. C. Walker Arena
EXACT LOCATION City of Muskegon
February 2, 2000 7:00 p.m.
CITY, VILLAGE, TOWNSHIP DATE TIME
BOND OR TNSURANCE FILED: (X) YES () NO AMOUNT $1 , 000, 000. 00
ISSUED BY:
Issued by action of the MUSKEGON CITY COMMISSION
(council, com miuion., board)
of the CITY of MUSKEGON
(city, viii.age. wwruhip) (name or city. village. towruhip)
on the _ _2_5_t_h____ day of
Mayor
(1ign1ruce & position of council. 1;0mmission o r boud reptdcnt.ative)
933 Terrace Street
Muskegon Ml 49440
City of Muskegon
~r:iJ I
Phone: ·(6'16) 724-6705
Fax: (6-16) 724-4178
Fax
To: !(,e;)/, ~A From: City Clerk's Office
ll/rl Illc ( ~y d~
Fax: Date:
;)-/-Od
Phone: Pages:
Re: CC:
0 Urgent O For Review O Please Comment D Please Reply O Please Recycle
JRN-31-2000 17:32 FRANKLIN CONTACTORS 16167391226 P.01
f'HOLJIJ¢Efl THIS CERTlflCATE IS ISS!Jf;D A~ A lllATiliR OF INFO!lMIITI.,,;
ONLY AND CONFEI\S NO RIGHTS UPON,HE C1iRTll'K:Alll
Dolli.:ff, l'.QQ. .t.n.4\l~~aei HOLDER. THI$ Cl!IITIFIOATI! DOl!S NOT AMEND, EXTEND 01<
6465 N'ayzata Blv<l., Su.l.te 850 ALTEA THI! COVl!RAG!ii AFFORllet> SY THE POLIClloS llELCW.
St. Louis Park MN 55426 COMPANIES AFFORDING COVERAGlii
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.......
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SUllllllit iyrotechnic5 Inc. OOMPANY
Steva Franklin C
2666 Vandanl:>arg Road COllfli\NY'
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M)Js!tQg<!>n MI 49444 D
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EXCLUSIDMB At.ID COHDITION!i QF Suett POUQES. UIUTB- .SHOWN IIA'I HA.\IE BEBI Rml,ICEI> ff PAID ctAIMB.
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L.IMITS
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Musl<egon MI
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7/
JRN-31-2000 17:33 FRANKLIN CONTACTORS 16167391226 P.02
Summit Pyrotechnics, Inc.
Z866 Vandenberg Road
Muskegon, MI 49444
ADDENDUM
The City of Muskegon and all elected and appointed, all employees and volunteers, all board
commissions or authorities aDrl their board members, employees and volunteers, County of
Muskegon and Muskegon Fury Hockey Club a:re named as Additional Insureds witll respect to
February 2, 2000 Pyrotechnic Display indoor at.LC. Walker Arena
TOTAL P.02
Potter, Linda
From: Grabinski, Bob
Sent: Tuesday, January 18, 2000 11 :01 AM
To: Potter, Linda
Subject: Fireworks Display Application
The application for the display at the All-Star game to be held on February 2, 2000 may be approved with the following
conditions:
1. The fireworks material must be brought to the arena at the time of the show. This is due to a lack of strorage space at
the arena.
2. The site and display set-up will be inspected and approved by this office prior to final approval being granted.
3. Proper insurance documentation must be submitted to your office.
Thanks,
Bob
1
Commission Meeting Date: January 25, 2000
Date: January 11, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Developmentcil'~
RE: Sale of Urban Renewal Property on Albert Ave. for Infill
Housing Program
SUMMARY OF REQUEST:
Approval of resolution to proceed with the sale of Urban Renewal property on the south
side of Albert Ave., east of Creston St., to Bethany Nichols of 531 S. Getty Ave.,
Muskegon. This sale will join two parcels together to create one buildable parcel
measuring 74' x 132'. The property was appraised with a value of $3,500.00 Ms.
Nichols has submitted a bid of $3,500.00. There were no other bidders. Ms. Nichols
plans to construct a home on the site as part of the City's HOME Infill Housing
Program.
FINANCIAL IMPACT:
Sale will allow the property to be placed back on the City's tax rolls and will relieve the
City from further maintenance. Pursuant to the conditions of sale, Ms. Bethany Nichols
agrees to construct a single-family residence upon the lot within 18 months of the date
of sale.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the resolution and authorization for the Mayor and Clerk
to sign off on the deed.
COMMITTEE RECOMMENDATION:
The Committee of the Whole will review the request at their 1/24 meeting.
1/11/2000 1
CITY OF MUSKEGON
RESOLUTION# 2000- 19 ( g)
RESOLUTION APPROVING THE SALE OF URBAN RENEWAL LOT ON ALBERT A VE.
WHEREAS, Bethany Nichols has submitted a bid of $3,500.00 for the W 5 ft. Lot 276 & E 3 ft.
Lot 277, Urban Renewal Plat No. 2 and the W 2 ft. Lot 275 & E 64 ft. Lot 276, Urban Renewal
Plat No. 2, located on the south side of Albert Ave., east of Creston St. The appraised value of
the property is $3,500.00;
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance;
WHEREAS, Ms. Nichols 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 City Commission has approved the HOME Infill Housing Program, and Ms.
Nichols plans to construct a home through this program;
WHEREAS, the sale would be in accordance with existing City policies and those of HUD,
conceming the disposition of Urban Renewal lands;
NOW, THEREFORE BE IT RESOLVED, that the W 5 ft. Lot 276 & E 3 ft. Lot 277, Urban
Renewal Plat No. 2 and the W 2 ft. Lot 275 & E 64 ft. Lot 276, Urban Renewal Plat No. 2,
located on the south side of Albert Ave., east of Creston St., be sold to Bethany Nichols for
$3,500.00.
Resolution adopted this 25 th day of January, 2000.
Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict
Nays: None
Absent: None
Attest: L
Gail A. Kundinger, Clerk
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on January 25, 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 MUSK.EGON
By
City of Muskegon
Residential Property Sales - Albert Ave.
-<!>- _s :
I
* = Subject Property(ies)
Albert Ave.
......
C")
Cl)'
:::,
Wesley Ave.
I
1i5
5
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Marcoux Ave.
I'L,l-,
, .· "t!!:n"f'1"f"'
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' ' ' -
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a1 J
I
i
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1
! L___, I
200 0 200 400 Feet
Kundinger, Gail
From: Brubaker-Clarke, Cathy
Sent: Tuesday, January 25, 2000 9: 18 AM
To: Kundinger, Gail
Cc: Mazade, Bryon
Subject: Sale of City Property for Infill Housing
Gail, could you please pass this on to the Commission?
The lots being sold to Ms. Nichols are both legal lots of record. One has 66' frontage, the other has 8' frontage. The lot to
the West of the 8' lot is not owned by the City, so it didn't make sense to keep that on it's own. The lot to the East of the
66' lot is owned by the City, and has a 69' frontage. Ms. Nichols did not need the additional lot for her house. The 74'
frontage she is purchasing is adequate for the width of her house.
1
QUITCLAIM DEED
The Seller, City of Muskegon, a Michigan municipal corporation, whose address is, 933
Terrace Street, P.O. Box 536, Muskegon, Michigan 49443-0536, quitclaims to the Purchaser,
Bethany Nichols, whose address is 531 Getty Street, Muskegon, MI 49442, the premises in
city of Muskegon, Muskegon Cow1ty, Michigan, described as:
Urban Renewal Plat No 2 W 2 Ft Lot 275 & E 64 Ft Lot 276 &
Urban Renewal Plat No 2 W 5 Ft Lot 276 & E 3 Ft Lot 277
commonly known as Vacant Land on Albert, for $3,500, subject to easements and building and
use restrictions of record and a Purchaser, Sale and Loan Agreement executed contemporaneous
with this deed.
This deed is exempt from county and state real estate transfer tax pmsuant to MCL 207.505(h)(i)
and MCL 207.526(h)(i), respectively.
Dated: ~ d0 r2?JOO
Signed in the presence of: Signed:
City of Muskegon, a Michigan municipal
corporation
By:•-~ ~ ~~ ~ ~ ~ ~=:c:'....._-
Gail Kundinger, City Clerk
H:\L113\EDSI\00 I 00\1 615\DEED.QCD\03 1500
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this dtf day of
1fl'r'/ , 2000, by Fred Nielsen, City Mayor and Gail Kundinger, City Clerk on
behal of the City of Muskegon, a Michigan municipal corporation.
L,>,da j /o;rt-r'r
Notary Public, 1/la~l(gyo// Co., MI
My comm1ss10n expll"es: j-,:;<5-,0;;
Prepared by and When Recorded Return to:
John C. Schrier
Parmenter O'Toole
175 W. Apple Avenue
P. 0. Box 786
Muskegon, MI 49443-0786 SEND FUTURE TAX BILLS TO: Purchaser
Telephone: 23 L 722.1621
Tax parcel#: Recording fee: Transfer tax:
H:ILIBIEDSl\00 I DOI I 6 ! 5\DEED.QCD\031500
Commission Meeting Date: January 25, 2000
Date: January 14, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development e,iu
RE: Muskegon Rescue Mission Lease Agreement
SUMMARY OF REQUEST:
Approval to enter into a lease agreement with the Muskegon Rescue Mission, of 1691
Peck St., for property on the corner of Laketon Ave. and Park St. The subject property
was part of the City's 1996 purchase of trail property from Laketon Ave. to Grand Ave.,
but this particular piece is not necessary for the trail. However, since the trail property
was purchased as part of the golf course conversion, the City cannot sell the property.
The Rescue Mission's Men's Shelter is located adjacent to the subject property, and
they are planning to move their retail store also to that location. They plan to use the
subject property for extra parking. The proposed lease agreement is for thirty years
and the Rescue Mission has signed the agreement.
FINANCIAL IMPACT:
The proposed lease agreement is for a $1 rent for the property for the thirty-year lease,
since the lease is for non-profit purposes which are of benefit to the City.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the lease agreement.
COMMITTEE RECOMMENDATION:
The Committee of the Whole will review the request at their 1/24 meeting.
1/14/2000
LEASE ASSIGNMENT
(City of Muskegon)
Lake shore Rescue Missions, a Michigan Ecclesiastical Corporation, whose
address is 166 South River Avenue, Holland, Michigan 49423, (the "Assignor"),
hereby assigns to Muskegon Rescue Mission, a Michigan Ecclesiastical Corporation,
whose address is 1691 Peck Street, Muskegon, Michigan, (the "Assignee"), the
lease which is described herein in accordance with the terms and conditions of
this assignment.
RECITALS
WHEREAS, Lakeshore Rescue Missions had operated and conducted business as
Muskegon Rescue Missions within the City of Muskegon;
AND WHEREAS, a separate ecclesiastical corporation has been formed to
operate the Muskegon Rescue Mission;
AND WHEREAS, such new corporation is also called the Muskegon Rescue
Mission;
AND WHEREAS, the property which was leased from the City of Muskegon by the
Assignor is used in conjunction with the Muskegon Rescue Mission which will be
run and operated by the Assignee;
AND WHEREAS, therefore, the said lease should be assigned to the Muskegon
Rescue Mission;
AND WHEREAS, the parties have entered into an agreement as to the
assignment of such lease.
Now, therefore, an assignment of lease is hereby made as follows:
1. Assignment. The Assignor hereby assigns to the Assignee the Lessor's
interest in a lease dated on or about January 12, 2000 between the Assignor and
the City of Muskegon. This assignment is made without the payment of any
consideration, and is exempt under MCL 207.SOS(a); MCL 207.526(a).
2. Approval. This assignment is made subject only to Muskegon Rescue
Mission obtaining approval for this assignment by and from the City of Muskegon.
It is acknowledged that the Assignee shall have the obligation and liability for
obtaining such approval.
3. True Copy. A true copy of the said lease which is being assigned
herein is attached hereto. The said lease remains in full force and effect, and
has not been amended or modified in any way, except as outlined in this lease
assignment.
4. Acceptance. Muskegon Rescue Mission hereby accepts the said lease
assignment, and all of the obligations of the Lessee in such lease. Muskegon
Rescue Mission hereby further agrees to hold Lakeshore Rescue Missions harmless
-1-
from any liability which may arise pursuant to the said lease. Muskegon Rescue
Mission also hereby acknowledges that it shall obtain and provide insurance as
is required by the said lease.
5. Effect. This assignment shall be b i nding upon the Assignor and the
Assignee. Thi s assignment should be interpreted in accordance with the laws for
the State of Michigan.
In witness thereof on this 28th day of March, 2000.
WITNESSES: Assignor :
Lakeshore Rescue Missions
~ ( d ()~ 12)
c...--------' James A. Donkersloot
rJ By: ;?Z7c:/4,Jt/7 &~(?
Michael Boeve
Its President
By: &t/_f!_~a.~0
/2helly Ho#
Its Secretary
WITNESSES: Assignee:
By: _::::,....= ~_f..c/0:._.,
~~/L"J,~4c:::::::z,~a.L~V__,!!-
Bailey
By: -I----"~-'-
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4
A Board Member
-2-
STATE OF MICHIGAN)
) ss
COUNTY OF OTTAWA)
On this 28th day of March, 2000, before me, a Notary Public,
personally appeared Michael Boeve and Shelly Horne, as President and Secretary
of Lakeshore Rescue Missions, o ~ fA ucX ] J )
James A. Donkersloot
Notary Public
Ottawa County, Michigan
My commission expires: December 4, 20 03
STATE OF MICHIGAN)
) ss
COUNTY OF OTTAWA)
0£~:~})n
On this 28th day of March
personally appeared Orrin Bailey and
:~t;:y .authorhed Board Member
2000,
rrt,,. !', T
before
f ,J <"' <1
me , a Notary Public ,
, as President and
behalf o f such
Notary Public
Ottawa County, Michigan
My commission expires: December 4, 2003
Drafted by:
James A. Donkersloot
Attorney at Law
17 S . Elm St., P.O. Box 230
Zeeland, Michigan 49464
Telephone : (616) 772-9000
-3-
2000-19(h)
LEASE
THIS INDENTURE, made effective the !st day of January, 2000, by and between the
CITY OF MUSKEGON, a Michigan municipal corporation, 933 Terrace Street, Muskegon, MI
49440 ("LESSOR"), and the MUSKEGON RESCUE MISSION, a Michigan Non-Profit
Corporation, of 1691 Peck Street, Muskegon, MI 49441 ("LESSEE").
WITNESSETH
I. DESCRIPTION OF LAND. That in consideration of the rents and covenants
herein reserved and contained on the part of the LESSEE to be paid, performed and observed,
said LESSOR hereby leases to said LESSEE and LESSEE does hereby hire and take from
LESSOR the land described as:
Lot 4 of Block 460 of the Revised Plat of the City of Muskegon.
2. TERM. The term of this lease shall be for thirty (30) years, commencing
January 1, 2000, and ending December 31, 2030, both dates inclusive unless sooner terminated
as herein provided.
3. COMPENSATION OR RENT. LESSEE shall pay to LESSOR One Dollar($!)
for the rent applicable to the entire period, it being the intent that this lease is for non-profit
purposes which are of benefit to the City.
4. TAXES. LESSEE shall pay as additional rent before any fine, penalty, interest or
cost may be added thereto for the nonpayment thereof, all real estate taxes, assessments, water
charges and governmental levies and charges, general and special, ordinary and extraordinary,
unforeseen as well as foreseen, of any kind, which are assessed or imposed upon the leased
property or any part thereof, or become payable during the term of this lease. LESSEE shall
furnish to LESSOR for LESSOR'S inspection within thirty (30) days after the date any amount is
payable by LESSEE, as provided in this paragraph, official receipts of the appropriate taxing
authority or other proof satisfactory to LESSOR evidencing payment.
5. UTILITIES. The LESSEE shall pay all charges for gas, electricity, light, heat,
water, power and telephone or other communication service used, rendered or supplied upon or
in connection with the leased property, and shall indemnify the LESSOR against any liability or
damages on such account.
6. RIGHT OF LESSOR TO LEASE PREMISES. The LESSOR covenants and
warrants that it is in lawful possession and control of said premises, and has the authority to enter
into this lease agreement.
7. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on payment of all the
aforesaid installments and performing all the covenants aforesaid, shall and may peacefully and
quietly have, hold and enjoy the said demised premises for the term hereof. LESSOR agrees to
G:\COMMON\5\GTJ\C-RLESnRESCUMIS.LSE Page 1
put LESSEE in possession of the demised premises at the commencement of the term of this
lease.
8. USE OF PREMISES. LESSEE is granted the right during the term of this lease,
or any renewals hereof, to occupy and use the leased premises for the limited purpose of parking
and other uses not involving any structure, except appropriate paving, landscaping and lighting
of the premises. In the event the premises is used for any purpose not constituting LESSEE's
charitable purposes, this lease shall terminate as set forth herein.
9. LESSEE'S ACCEPTANCE OF PROPERTY AS IS. LESSEE accepts the leased
premises in its existing condition. No representation, statement or warranty, express or implied,
has been made by or on behalf of LESSOR as to such condition, or as to the use that may be
made of such property. In no event shall LESSOR be liable to LESSEE for any defect in such
property or for limitations on its use. No representation or warranty of habitability, express or
implied, has been made by or on the behalf of LESSOR to LESSEE.
10. MAINTENANCE. LESSEE shall, at its own expense, make all necessary repairs
and replacements to the leased property.
11. ALTERATIONS OR IMPROVEMENTS. LESSEE shall not make any
alterations, additions, or improvements to the premises except with the written consent of
LESSOR. Any alteration, addition or improvement made by the LESSEE after such consent
shall have been given, and any fixtures installed as part thereof, shall become the property of
LESSOR upon the expiration or other sooner termination of this lease, provided, however, that
LESSOR shall have the right to require LESSEE to remove such fixtures, additions or
improvements at LESSEE'S cost upon such termination of this lease provided that in the event of
any such removal, LESSEE shall make all repairs necessitated by such removal so as to leave the
premises in like condition as when taken except for ordinary wear and tear.
12. PUBLIC ORDERS AND ZONING. LESSEE shall, at its own expense, make all
alterations, improvements, or repairs in the leased premises that may be ordered by public
authorities, or required by changes in or additions to state and local zoning ordinances.
13. SECURITY. LESSOR shall not be liable for any injury to the person or property
of the LESSEE or any other persons caused by the criminal acts of third persons occun'ing at the
leased premises.
14. INSURANCE.
(a) LESSEE shall, at its own expense, maintain policies of fire and extended
coverage insurance on the property herein leased and on all improvements thereto in an amount
equal to the full insurable value thereof, which policy shall name LESSOR as an additional
insured. At the request of LESSOR, at any time, LESSEE shall furnish LESSOR evidence that
such insurance is in force.
G:ICOMMON\5\GTJ\C-RLEST\RESCUMIS.LSE Page 2
(b) LESSEE shall, at its own expense, provide and keep in force general
public liability insurance protecting LESSEE and LESSOR against all claims for damages to
person or property or for loss of life or of property occurring upon, in, or about the leased
property, the streets, gutters, sidewalks, curbs, or vaults adjacent thereto, to such limits as
LESSOR may reasonably, from time to time, require in respect to injuries to any one person, in
respect to any one accident or disaster or incident of negligence, and in respect to property
damage. Limits of Three Hundred Thousand Dollars ($300,000) in respect to injuries to any one
person, Five Hundred Thousand Dollars ($500,000) in respect to any one accident or disaster or
incident of negligence and One Hundred Thousand Dollars ($100,000) in respect to property
damage are deemed reasonable as of the date hereof.
(c) LESSEE shall, at its own expense, provide and keep in force such other
insurance against other insurable hazards in such amounts as may from time to time be required
by LESSOR, provided that such insurable hazards are commonly insured against with respect to
similar premises, due regard being given to the height and type of construction, location, use and
occupancy.
(d) LESSEE agrees to protect, defend, indemnify and hold harmless LESSOR ·
from and against any and all liabilities, losses, damages, claims, demands or judgments of any
nature whatsoever arising from any injury to or the death of any person, or damage to property, in
any manner growing out of or in connection with the use, non-use, condition or occupation of the
leased premises or any part thereof, or the ownership, occupancy or use thereof, whether by
LESSOR, LESSEE, or any other person, from and after the commencement of the term hereof
until the premises are re-delivered to LESSOR upon the termination of this lease, or any
extension thereof, provided, however, that LESSEE shall be relieved from and shall have no
further obligation to defend and indemnify LESSOR as specified herein, if, and so long as
LESSEE shall obtain and maintain in force general public liability insurance covering LESSOR
as the insured, and providing the same extent and amount of coverage as LESSEE is required to
obtain for itself under this paragraph.
15. COMPLIANCE WITH LAWS. LESSEE, under penalty of forfeiture and
damages, agrees to promptly comply with all requirements of law and with all ordinances,
regulations or orders of any state, municipal or other public authority affecting all or any part of
the leased premises and with all requirements of the Board of Fire Underwriters or similar body
and of any liability insurance company insuring the LESSOR against liability for accidents in or
connected with all or any part of the leased premises, and LESSEE further agrees to save
LESSOR harmless from any and all penalties, fines or liabilities that may result from LESSEE'S
failure to so comply.
16. RISK OF LOSS. During the term of this lease, and any extension or renewal
thereof, the risk of loss with respect to all risks insurable under a fire and extended coverage
insurance policy meeting the requirements of the laws of the State of Michigan, together with the
risk ofloss with respect to all uninsurable losses to the premises which are subject to the control
or prevention by LESSEE, shall rest upon LESSEE.
G:\COMMON\5\GTJ\C-RLESnRESCUMIS. LSE Page 3
17. SUBROGATION. LESSEE, its officers, agents or employees shall not be liable
for damage to the leased premises or for interruption of rent resulting from any of the perils
covered by fire and extended coverage insurance, or which would be covered if such insurance
were in force, and LESSOR agrees not to sue for such damage and that every applicable policy of
insurance will contain or be endorsed with the standard waiver of subrogation clause. LESSOR
shall not be liable for damage to the property or business of LESSEE in or on the leased premises
resulting from any of the perils covered if such insurance were in force, and LESSEE agrees not
to sue for such damage and that every applicable policy of insurance will contain or be endorsed
with the standard waiver of subrogation clause.
18. LIENS AND ENCUMBRANCES. LESSEE covenants that LESSEE will not
create or permit to be created or to remain, and will promptly discharge, at LESSEE'S sole cost
and expense, any lien, encumbrance or charge upon the leased premises or any part thereof, or
upon LESSEE'S leasehold interest therein, which lien, encumbrance or charge arises out of the
use or occupancy of the leased premises by LESSEE or by reason of any labor or materials
furnished or claimed to have been furnished to LESSEE or by reason of any construction,
alteration, addition, repair or demolition of any part of the leased premises. The existence of any
construction, mechanic's, laborer's, materialman's, supplier's or vendor's lien, or any right in
respect thereof, shall not constitute a violation of this paragraph, if payment is not yet due upon
the contract or for the goods or services in respect of which any such lien has arisen or where
there is a good faith dispute relating thereto, provided that in such event LESSEE shall promptly
prosecute an action to resolve the validity of the lien. Nothing contained in this lease shall be
construed as constituting the consent or request of LESSOR, expressed or implied, to any
contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor
or construction, alteration, addition, repair or demolition of or to the leased premises or any part
thereof. Notice is hereby given that LESSOR will not be liable for any labor, services or
materials furnished or to be furnished to LESSEE, or to anyone holding the leased premises or
any part thereof through or under LESSEE, and that no mechanic's or other liens for any such
labor or materials shall attach to the interest of LESSOR in and to the leased premises.
19. ASSIGNMENT OR SUBLETTING. LESSEE shall not assign, mortgage, or
encumber this lease, nor sublet or permit the leased property or any part thereof to be used by
others, without the prior written consent of LESSOR in each instance. If this lease is assigned, or
if the leased property or any part thereof is sublet, or occupied by anybody other than the
LESSEE, LESSOR may immediately terminate this lease.
20. EMINENT DOMAIN. If the leased premises are taken by a public authority
under power of eminent domain, LESSEE shall be entitled to a pro rata refund of any rent paid in
advance. LESSOR and LESSEE, in any condemnation proceedings, shall each be entitled to
recover their own damages, provided that LESSEE agrees to cooperate with LESSOR in
LESSOR'S attempt to recover damages in any such condemnation proceedings and to furnish any
and all information that LESSOR may request in such attempt and provided further that LESSOR
agrees to cooperate with LESSEE in LESSEE'S attempt to recover damages in any such
condemnation proceedings and to furnish any and all information that LESSEE may request in
such attempt.
G:\COMMON\5\GTJ\C-RLEST\RESCUMIS.LSE Page 4
21. DEFAULT AND REPOSSESSION. If the leased property shall be deserted or
vacated, or if proceedings are commenced against LESSEE in any court under a bankruptcy act
or for the appointment of a trustee or receiver of LESSEE'S property either before or after the
commencement of the lease term, or if there shall be a default in the payment of rent or any part
thereof for more than five (5) days after written notice of such default by LESSOR, or ifthere
shali be default in the performance of any other covenant, agreement, condition, rule or
regulation herein contained or hereafter established on the part of LESSEE for more than twenty
(20) days after written notice of such default by LESSOR, or if LESSEE attempts to assign the
lease or use the property for other than charitable purposes, this lease (if LESSOR so elects) shall
there upon become null and void, and LESSOR shall have the right to reenter or repossess the
leased property, either by force, summary proceedings, surrender, or otherwise, and dispossess
and remove therefrom LESSEE, or other occupants thereof, and their effects, without being liable
to any prosecution therefor. In such case, LESSOR may, at its option, relet the leased property or
any part thereof, as the agent of LESSEE, and LESSEE shall pay LESSOR the difference
between the rent hereby reserved and agreed to be paid by LESSEE for the portion of the term
remaining at the time of reentry or repossession and the amount, if any, received or to be received
under such re letting for such portion of the term. LESSEE hereby expressly waives the service
of notice of intention to reenter or of instituting legal proceedings to that end. LESSEE agrees to ·
pay all expenses and damages incurred by LESSOR as a result of LESSEE'S default, including
LESSOR'S attorney fees.
22. CURING OF LESSEE'S DEFAULT. If LESSEE shall fail to perform any of its
obligations hereunder, LESSOR may, ifit so elects, and after five (5) days prior notice to
LESSEE, cure such default at LESSEE'S expense, and LESSEE agrees to reimburse LESSOR (as
additional rent) for all costs and expenses incurred as a result thereof upon demand.
23. RIGHT TO SHOW THE PREMISES. LESSEE agrees that ninety (90) days prior
to the expiration of the term of this lease, or any extension hereof, LESSOR may display in and
about the demised premises "For Rent" or "For Sale" signs and may have reasonable access to the
demised premises for the purpose of exhibiting same to prospective tenants.
24. SURRENDER. LESSEE shall quit and surrender the premises at the expiration of
the lease term, in as good a state and condition as the premises were at the commencement of the
term, reasonable use and wear thereof excepted.
25. HOLDING OVER. It is agreed that any holding over by LESSEE upon expiration
of the term of this lease or any extension hereof, shall operate as an extension of this lease from
month to month only.
26. SHORT FORM OF LEASE. At the request of either LESSOR or LESSEE, the
parties hereto shall execute a Short Form of Lease for recording purposes. Said Short Form of
Lease shall contain a legal description of the demised premises and a statement of the term of this
lease, a statement of the rights of LESSEE under this lease and such other provisions as
LESSOR and LESSEE shall deem it advisable to include. In the event that commencement date
or the termination date of this lease has not been precisely determined at the time of the
execution of the Short Form of Lease, either party hereto may request and both parties shall
G:ICOMMON\5\GTJIC-RLESnRESCUMIS.LSE Page 5
execute a modification thereto at any subsequent time by which the term of this lease shall be
precisely specified.
27. NOTICES. Any notice required to be given in writing under the provisions of this
lease shall be deemed to be delivered if given personally to the party entitled to such notice or if
deposited in the United States Mail and addressed with the business address of the patty entitled
to such notice with postage thereon fully prepaid.
28. WAIVER. One or more waivers of any covenant or condition by LESSOR shall
not be construed as a waiver of a subsequent breach of the same covenant or condition.
29. LAWS OF MICHIGAN TO GOVERN. This lease agreement shall be interpreted
under the laws of the State of Michigan.
30. BINDING UPON SUCCESSORS AND ASSIGNS. This lease shall be binding
upon the parties hereto and their respective heirs, administrators, personal representatives,
successors and assigns.
IN WITNESS WHEREOF, the LESSOR and the LESSEE have caused this indenture to
be executed the day and year first above written.
Dated: al- 3 - 00
Gail A. Kundinger, Clerk
E"
LESSEE: MUSKEGON RESCUE MISSION
a Michigan non-j)rofit ~~ 15rti~.11 c/6 11- o-1-
Dated: / - ( ;l- - O {)
- - - - -- - -- -
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G:ICOMMON\5\GTJ\C-RLESnRESCUMIS. LSE Page 6
City of Muskegon
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200 0 200 400 600 800 Feet
•
Date: 1/17/2000
To: Honorable Mayor and! City Commission
from: Randy Smith, !Equipment Supervisor DPW
RE: Budgeted Vehicle Replacements
SUMMARY OF REQUEST: Approval to purchase three Detective cars from
Buff Whelen Chevy for $14,229.56 each. From Bill Snethkamps Dodge one¾
ton 4x4 pick up $17,870.47, and one 1ton 4x4 chassis cab $18,706.47. From
Red Holman GMC one GMC Sonoma $10,591.00, two¾ ton extend cab 2wd
pick ups $17,715.00 each, one 1 ton chassis cab $17,115.00.
FINANCIAL IMPACT: $142,401.62 (Equipment Fund)
BUDGET ACTION REQUIRED: None $153,000.00 1s budgeted for these
purchases.
STAFF RECOMMENDATION: Approve purchase of three Detective cars from
Buff Whelen Chevy for $14,229.56 each. From Bill Snethkamps Dodge one¾
ton 4x4 pick up $17,870.47, and one 1ton 4x4 chassis cab $18,706.47. From
Red Holman GMC one GMC Sonoma $10,591.00, two¾ ton extend cab 2wd
pick ups $17,715.00 each, one 1 ton chassis cab $17,115.00. At a total cost of
$142,401.62.
COMMITTEE RECOMMENDATION:
Committee of the Whole will review this item on 1/24/2000.
•
Note: All units being requested will be purchase from one of three group
purchasing agreements.
I. Oakland County Purchasing-All dealers in Oakland County
2. Macomb County Purchasing-All dealers in Macomb County
3. State of Michigan Contract-All dealers in the state.
'.
Detective Car
Bidder Model Each Total
Macomb County
Signature Ford Ranger $10,852.00 X 1 Units $10,852.00
Oakland County
Red Holman GMC Sonoma $10,591.00 $10,591.00
Buff Whelen S10 $10,605.36 $10,605.36
State Contract
Bill Snethkamps Dodge Dakota $14,229.56 $42,688.68
Replacing 20471--1989, 70,000 miles, 20472--1989, 64,000 miles,
20474-- 1989, 66,000 miles
••
3/4ton ex cab
Bidder Model Each Total
Macomb County
Signature Ford F250 $18,757.00 X 2 Units $37,514.00
Oakland County
Red Holman GMC TC2500 $17,715.00 $35,430.00
Buff Whelen CC2500 $17,723.27 $35,446.54
State Contract
Bill Snethkamps DodgE BR2L34 $18,2'18.47 $36,436.94
Replacing 30497--1987, 90,000 miles, 30501--1988, 97,000 miles
••
1 Ton 4X4 Chassis
Bidder Model Each Total
Macomb County
Signature Ford F350 $21,114.00 X 1 Units $21,114.00
Oakland County
Red Holman GMC TK3500 $20,622.00 $20,622.00
Buff Whelen Ck3500 $19,797.13 $19,797.13
State Contract
Bill Snethkamps Dodge BR8l63 $18,706.47 $18,706.47
Replacing 30529--1993, 90,000 miles
••
Mini Pick up
Bidder Modlel Each Total
Macomb County
Signature Ford F350 $21,114.00 X 1 Units $21,114.00
Oakland County
Red Holman GMC Sonoma $10,591.00 $10,591.00
Buff Whelen SiO $10,605.36 $10,605.36
State Contract
Bill Snetllkamps Dodge Dakota $10,849.47 $10,849.47
Replacing 30507--·l 989, 72,000 miles
••
Sign Truck chassis
Bidder Model t:ach Total
Macomb County
Signature Ford F350 $17,978.00 X 1 Units $17,978.00
Oakland County
Red Holman Gl\.~C $17,115.00 $17,115.00
Buff VVhelen . $17 2Aa
o;-rv. 7'l
I , _V $17,246.73
State Contract
Bill Snethkamps Dodge $17,206.47 $17,206.47
Replacing 30510--1990, 65,000 miles
••
3/4ton 4X4
Bidder Model Each Total
Macomb County
Signature Ford F250 $19,518.00 X 1 Units $19,518.00
Oakland County
Red Holman GMC TK2500 $19,267.00 $19,267.00
Buff Whelen CK2500 $19,319.68 $19,319.68
State Contract
Bill Snethkamps Dodge BR7l62 $17,870.47 $17,870.47
Replacing 30106--1988, 65,000 miles
••
1/17/2000
To: !Honorable Mayor and City Commission
from: Rancly Smith, Equipment Supervisor DPW
!Plow Truck Chassis
SUMMARY OF REQUEST: Approval of Bid by Woodland International Trucks,
Inc. for two new plow truck chassis, for $45,982.25 each, price held over for
last two years.
FINANCIAL IMPACT: Bid of $45,982.25 each for a total of $91,964.50
BUDGET ACTION REQUIRED: None, $140,000 is budgeted for this purchase.
STAFF RECOMMENDATION: Recommend approval of purchase of two plow
truck chassis from Woodland International Trucks Muskegon, Inc. for
$91,964.50.
•
Memorandum
To: Robert Kuhn
From: Randy Smith
Date: 01/1 7/00
!Re: Plow Trucks
Bob, after talking with Woodland IHC about the purchase of our two budgeted
plow truck chassis, they have a1,>reed to hold the same price that we have paid for the
last two years, since 1998. I called around to the other dealers that normally bid
llgainst them and found that this is still a good price. There for I recommend that we
request commission approval to purchase these units from them at the 1998 price.
W¢will be requesting four minor changes to the spec. to improve the quality and
comfort of the units. We will switch to a standard hood to avoid some cracking we
were experiencing with the butterfly hoods. 'Ne will also switch to a push button
shifter/and a tilt steering column to make the cab more user friendly.
1
Finaneial Swnmary December 16, 1999
2000 2554 4x2 (SA255)
••
Description
•
Totaj Factoiy List Price Including Options: $62,798.00
60 MONTHS/100,000 MILE ENGINE
WARRANTY 94114C
Total Preparation And Deliveiy: $160.00
Total Freight: $975.00
Total Factoty List Price Including Freight: $63,933.00
Less Customer Allowance: ($17,959.67)
Total Vehicle Price: $45,973.33
Total Sale Price: $45,973.33
Total Per Vehicle Sales Price: $45,973.33
Total Net Sales Excluding Taxes: $45,973.33
TITLEFEE
Total License, Title: $11.00
Net Sales Price: $45,984.33
Please feel free to contact me regarding these specifications should your interests or needs change. I am confident you will be pleased with
the quality and service of an International vehicle.
2000 MODEL YEAR
FACTORY ORDERED CHASSIS
YOU MAY SPECIFY THE PRODUCTION MONTH
NET ON DELIVERY
INCLUDED: OPERATORS MANUAL
ENGINE OPERATION AND MAINTENANCE MANUAL
CHASSIS LINE SETTING TICKET
TEMPORARY FUEL TANK TO BE RETURNED TO WOODLAND INT'L TRKS ~
OPTIONS: STANDARD HOOD DEDUCT $ 240.82 l
PUSHBUTTONW.T. CONTROL ADD $ 7.61 ,
TILT/TELESCOPIC STEERING COLUMN ADD $ 231.13 ( '
COLOR 9219 WINTER WHITE N/C
Approved by Seller: Aecopted by Purchaser:
Offielal Title and Date Firm or Basiness Name
9 Proposal: 397
•
Date: 1/17/2000
To: Honorable Mayor and City Commission
From: Randy Smith, Equipment Supervisor DPW
RE: 2000 Police Cruiser !Purchase
SUMMARY OF REQUEST: Purchase of 8 Ford Crown Victoria Patrol Cars
from Jorgensen Ford, State purchasing contract, at $20,515.00 each for a total
of $164,120.00.
FINANCIAL IMPACT: $164,120.00 (Equipment Fund)
BUDGET ACTION REQUIRED: None, $176,000.00 1s budgeted for this
purchase.
STAFF RECOMMENDATION: Purchase of 8 Crown Vies from Jorgensen Ford
for a total of $164,120.00, to replace existing units.
1999 price per unit--$20, 173.00
2000 State Purchasing Contract/ per unit--$20,515.00
••
)
PatroiiCommunity cars I
State Biel
Jorgensen Ford $20,515.00 X 8 Units $164, 120.00
Oakland County
Shaheen Ford $20,697.30 $165,578.40
~..4acomb County
Signature t-ord $20,730.·lO $165,840.80
6 Patro!, 2 Community
. ''' ,QJ/.H(.~Q. __f.!U.. Q.~,.; ~o J'AX ,nJ 5842696 jorgensen ford ll/JOOJ
•
•
JORGENSEN FORD •
8333 MICHIGANAVE
!DE i RO~T, MICHIGAN
41210
January 14, 2000
CITY OF MUSKEGON
ATTENTION; MR RANOY SMITH
RE; 2000 POLICE INTI:RCEPTOR STATE BIO
DEAR RANDY,
tt,!V~
THE 2000 PRICING ON THE POLICE INTERCEPTORS, IDENTICAL TO YOUR LAST OROER IS ; r,,. ,v· {,('
BASE PRICE $20190.00 . ,r ,• f I)
AUX FUSE BLOCK 45.00 ~ ·' ~ oD I /1$1
ALL CARS KEYED ALIKE 45.00 ~~
lflJ cSJ
O6 .? t 1k ,_,
AM/FM RADIO 275.00 r · . x . O /...v
.· / v , _ V 1-1
"'----7
VINYL REAR SEAT ll2,.QQ
TOTAL
FOB DETROrr
$20550.00
TERMS NET 10 DAYS J p 1~ <,£,,
)'1j
OEl.lVERY IF REQUIRED $1.00 PER MILE OR$15.00 PER H R WHICHEVER WORKS OUT
$.<r;;
BETTER FOR YOU. \ y-.· _
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(313)584-2464 FAX (313) 584-2698
Commission Meeting Date: January 25, 2000
Date: January 13, 2000
To: Honorable Mayor and City Commission~
From: Planning & Economic Development
RE: Alley Vacations in the Samburt Park Addition Subdivision
SUMMARY OF REQUEST:
Request for vacation of several alleys in the Samburt Park Addition, block bounded by
Evanston Ave., Burton Rd., Samburt St. and Flower Ave. This request only includes
the alleys indicated on the attached map.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends vacation of the proposed alleys with the condition that all City
easement rights be retained.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended vacation of the proposed alleys with the
condition that all City easement rights be retained. The Committee of the Whole will
review the request at their 1/24 meeting.
1/13/2000
CITY OF MUSKEGON
RESOLUTION 2000- 19 ( 1 )
RESOLUTION TO VACATE A PUBLIC ALLEY
WHEREAS, a petition has been received to vacate several alleys in the Samburt Park Addition
subdivision, City of Muskegon; and
WHEREAS, the Planning Commission held a public hearing on January 11, 2000 to consider
the petition and subsequently recommended the vacation; and
WHEREAS, due notice had been given of said hearing as well as· the January 25, 2000 City
Commission meeting to consider the recommendation of the Planning Commission;
NOW, TIIBREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue the alleys;
BE IT FURTIIER RESOLVED that the City Commission does hereby declare the said alleys
vacated and discontinued provided, however, that this action on the part ofthe City Commission
shall not operate so as to conflict with fire access or the utility rights heretofore acquired by the
City or by any public service utility in the City of Muskegon, operating in, over and upon said
portion of alley hereby vacated, and it is hereby expressly declared that such rights shall remain
in full force and effect.
BE IT FURTIIER RESOLVED that after any maintenance and repair by the City, the city shall
restore the disturbed area to the grade and paving in existence at the time of vacation. The City
shall not be responsible to replace special planting, landscaping, fences or any structure. No
structure shall be placed in the easement which, in the sole judgment of the City, will interfere
with the repair or maintenance of utilities in the easement, public or private.
Adopted this 25 th day of January, 2000.
Ayes: Nielsen, Schweifler, Shepherd, Sieradzk i , Spataro,
As l akson, Benedict
Nays: None
Absent: None
, Yl ' A
By: -~
Attest: ~ Q.
Gail A. Kundinger, Clerk
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CERTIFICATION
I hereby 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 Januruy 25, 2000.
L
Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
City of Muskegon
Planning Conmission
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Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
January 12, 2000
Hearing; Case 2000-2: Request for vacation of several alleys in the Samburt Park
Addition subdivision (block bounded by Flower Ave., Samburt St., Burton Rd., and
Evanston Ave.), by Daniel and Catherine Kolkema.
BACKGROUND
This is a request that has been made by Catherine and Dan Kolkema, as part of the process to
split a lot. A variance request has also been made to the Zoning Board of Appeals to allow a
13.5-foot rear setback (a 30-foot setback is required) for one of the existing homes. In order
to configure the lots as they wish, the two of the alleys shown on the attached sketch need to
be vacated. This would create a dead-end alley, so staff amended the request to include that
alley as well. The subject alleys do not physically exist, so vacating them would not affect
fire or utility access. However, all usual easements and rights should be retained by the City
if the alleys are vacated. Staff received one comment from Rebecca Smith, who owns
property on Flower Ave. Ms. Smith does not object as long as her east/west alley remains
intact. The alley referred to by Ms. Smith is not included in this request for vacation.
RECOMMENDATION
Staff recommends approval of the request with the conditions below.
DETERMINATION
The following motions are offered for consideration:
I move that the vacation of the proposed alleys in the Samburt Park Addition be
(approved/denied). based on (compliance/lack of compliance) with the City's Master Land
Use Plan and conditions set forth in Section 2315 of the City of Muskegon Zoning Ordinance
(based on the following conditions--only if approved):
I. That all City easements be retained.
Commission Meeting Date: January 25, 2000
Date: January 13, 2000
To: Honorable Mayor and City Commi~r~ers
From: Planning & Economic Developme~
RE: Rezoning request for property located on Holbrook Ave.
SUMMARY OF REQUEST:
Request to rezone property located on Holbrook Ave., between Sixth and Commerce
Streets, from 1-2, General Industrial to B-4, General Business.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends denial of the request due to lack of compliance with the future land
use map and Master Land Use Plan. Staff recommended that the applicant consider
applying for a rezoning to B-2 instead, as it would be a lower intensity commercial
district and would still allow the applicant to use the site as they wish to.
COMMITTEE RECOMMENDATION:
The Planning Commission concurred with staff's recommendation to deny the request
and also recommended that staff waive the application fee if the applicant returns with
a request for a rezoning to B-2 for the site. The Committee of the Whole will review the
request at their 1/24 meeting.
1/13/2000
CITY OF MUSKEGON
RESOLUTION 2000-19(m)
RESOLUTION OF DENIAL FOR REZONING REQUEST
WHEREAS, a request to rezone property located on Holbrook Ave., between Sixth and Commerce
Streets, from I-2, General Industrial to B-4, General Business was considered by the Planning
Commission, and;
WHEREAS, a public hearing on the request was held by the Planning Commission on Januru-y 12,
2000, and;
WHEREAS, the Planning Commission recommended denial of the request because it is not consistent
with the future land use map and Master Land Use Plan, and also recommended that staff waive the
application fee if the applicant returns with a request for a rezoning to B-2 for the site;
NOW, THEREFORE, BE IT RESOLVED that the rezoning request is hereby denied.
Adopted this 25th day of January, 2000.
Ayes: Nie l sen, Schweifler, Shepherd, Sieradzki, Spataro, As l akson, Benedic t
Nays: None
Absent: None
By: c k ~ 4'
redlNielsen, Mayor
I hereby certify that the foregoing constitutes a ttue 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 January 25, 2000.
Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
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Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
January 12, 2000
Hearing; Case 2000-1: Request to rezone property located on Holbrook Ave. (between
Sixth and Commerce Streets) from 1-2, General Industrial to B-4, General Business, by
the Muskegon Housing Commission.
BACKGROUND
Applicant: Muskegon Housing Commission (McKinley Copeland)
Address/Location of Subject Property: Holbrook Ave., between Sixth & Commerce Streets
Use: Vacant
Cunent Zoning: I-2, General Industrial
Proposed Zoning: B-4, General Business
STAFF OBSERVATIONS
I. The current Muskegon Housing Commission property, to the notih of the subject
property, was rezoned to B-4 in 1995. The Housing Commission believed that all of the
property associated with their purchase of the Muskegon Piston Ring property was
included in the rezoning, but staff research showed that only the block north of Alpha
Ave. was included. Therefore, the subject property remains zoned as 1-2.
2. The Muskegon Housing Commission wishes to construct a 4-stall garage on the property,
which is not allowed under the current I-2 zoning, since it would be an accessory use to a
business use and should be similarly zoned.
3. A downzoning of the property seems appropriate, but B-4 may be more intensive for the
site than is necessary. A B-2 zoning district would also allow the intended use, but
allows less intensive uses in general than the B-4 district would allow.
4. Staff received a comment from Stanley Predko of 1828 Commerce. Mr. Predko is
opposed to the rezoning and objects to the proposed use of the property by the Housing
Commission.
5. The Future Land Use Map shows the subject property, as well as the current Muskegon
Housing Commission property, as residential.
6. The Master Land Use Plan states:
• The southerly portion of the (sub)area is devoted to industrial development ... The
industrial area possesses several former industrial sites.
• Buffers between residential and industrial development are virtually non-existent.
• The small enclave of housing within the vicinity ofEast Hackley Avenue and Park
Street is isolated by industrial and commercial development. The suitability, and
long term survival. ofresidential development in this location is questionable.
7. The Master Plan recommends for this sub-area:
• Redevelop that portion of the sub-area located south and east of the industrial sector
from residential to industrial.
• Implement, through zoning, buffer requirements to mitigate compatibility impacts
between residential and non-residential uses.
• Focus "brownfield" redevelopment efforts on the former industrial land
ORDINANCE EXCERPTS
ARTICLE XV - 1-2 GENERAL INDUSTRIAL DISTRICTS
PREAMBLE
The 1-2 General Industrial Districts are established primarily for manufacturing, assembling, and fabrication
activities including large scale or specialized industrial operations whose external physical effects may be felt to
some degree by surrounding districts. The 1-2 District is so structured as to permit, in addition to 1-1 Light
Industrial District uses, the manufacturing, processing and compounding of semifinished or finished products
from raw materials.
SECTION 1500: PRINCIPAL USES PERMITTED
In an 1-2 General Industrial District, buildings and land may be used for one (I) or more of the following
specified uses, unless otherwise provided in this Article.
I. Any Principal Use Permitted in the 1-1 District, subject to the requirements of this District.
2. Primary metal industries, including foundries, smelting and refining of metal or alloys, rolling and
extruding plants.
3. Chemical plants whose manufacturing process produce products which are not hazardous materials as
defined in the Fire Code.
4. Paper and pulp manufacturing.
5. Power generating plants.
6. Junk yards and scrap metal processing.
7. Rubber manufacturing or the remanufacturing of rubber products.
8. Uses similar to the above principal uses.
9. Non-accessory signs provided that the signs conform to Section 2308(1) of this Code.
SECTION 1501: SPECIAL LAND USES PERMITTED
2
The following uses, and their accessory buildings and accessory uses, shall be permitted as a special land use if
it is found to meet the standards outlined in Section 2332 of this Ordinance, subject to applicable conditions
imposed by Ordinance or other reasonable conditions imposed by the Planning Commission:
1. Any use with outside storage of aggregate, sand or other soil, or raw materials used in a manufacturing
process such as brick, tile manufacturing plants, asphalt and cement batch plants.
2. Gasoline storage facilities.
3. Bulk storage or the production of acelylene, natural gas, and oxygen or other highly explosive or toxic
gases. The storage of such gases for use in a production process or of an indust1y, business, or health
care facility shall not be considered bulk storage.
4. Chemical plants whose manufacturing process produce products which are hazardous materials as
defined in the Fire Code.
5. Uses similar to the above Special Land uses.
SECTION 1502: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the procedural guidelines of Section
2101. The intent of Planned Unit Developments in the 1-2 General Industrial District is to allow mixed land
uses, which are compatible to each other.
SECTION 1503: AREA AND BULK REQUIREMENTS
See Article XXI, "Schedule of Regulations", limiting the height and bulk of buildings, the minimum size of lot
permitted by land use and maximum density permitted.
ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS
PREAMBLE
The B-4 General Business District is designed to provide for a wide variety of business activities including
automotive services and goods, and is generally incompatible with the uses in the B-1, B-2, and B-3 Business
Districts. Placement along presently developed major traffic arteries prevents tl1e conflict of traffic and
pedestrian movement since the General Business District is characterized by a minimum of pedestrian flow.
The B-4 General Business Districts have been located in areas designated on the adopted Land Use Plan.
SECTION 1300: PRINCIPAL USES PERMITTED
In the B-4 General Business District, no building or land shall be used and no building shall be erected,
structurally altered, or occupied except for one (I) or more of the following specified uses, unless otherwise
providing in this Ordinance:
1. Veterinarian clinics, without outdoor kennels.
2. Bus passenger stations.
3. Stores selling second hand merchandise.
4. Funeral homes.
3
5. Automobile car wash, when completely enclosed in a building.
6. Auto service stations for the sale of gasoline, oil, and accessories, subject to the following:
a. The curb for ingress and egress to a service station shall not be permitted at such location that
will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall
be no less than twenty-five (25) feet from a street intersection (measured from the road right-
of-way) or from adjacent residential districts.
b. The minimum lot area shall be ten thousand (10,000) square feet, and so arranged that ample
space is available for motor vehicles which are required to wait.
c. Major automobile repair, engine and body repair, steam cleaning and undercoating may be
allowed when conducted on the site, and said uses shall be within a completely enclosed
building. The storage of wrecked automobiles on the site shall be obscured from public view.
No automobile or vehicle of any kind shall be stored in the open for a period exceeding one
(!) week.
d. All rest rooms doors shall be shielded from adjacent streets and residential districts.
e. Dispensing pumps shall be set back twenty (20) feet from the right-of-way line.
7. Self service laundry and dry cleaning establishments.
8. Amusement, entertainment, and recreational, including bowling alleys and skating rinks.
9. Storage of non-hazardous and non-toxic materials or goods provided such storage is within a building
or is enclosed as not to be visible to the public from any abutting residential district or public street.
10. Theaters, when completely enclosed.
11. Banks, with or without drive-in facilities.
12. Restaurants and cocktails lounges.
13. Motels and hotels.
14. Residential uses as part of a building in this business zone shall be allowed upon issuance of a
Certificate of Occupancy from the Department of Inspections, but provided that the minimum lot area
requirements of the RM-3 District are met.
15. Assembly of small parts provided that there shall be no machining, painting, cutting, grinding, or
welding of parts.
16. Principal Use as permitted in B-2 Districts.
17. Accessory buildings and accessory uses customarily incidental to the above Principal Uses Permitted.
18. Uses similar to the above Principal Uses Permitted.
SECTION 1301: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of
Section 2332 after review and approval of the use (and a site plan, ifrequired) by the Planning Commission,
4
after Public Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the
Planning Commission. A site plan shall not be required when there is no change to buildings or existing
facilities.
1. Sales space for the sale of new and used automobiles, house trailers, travel trailers, and recreational
vehicles, subject to the following.
a. Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from the
intersection of any two (2) streets:
b. No major repair or major refinishing shall be done on the lot, such use of land being only
permitted in the 1-1 or 1-2 Industrial Districts.
2. Flea markets and auctions.
3. Business in the character of a drive-in restaurant or open front store, subject to the following:
a. A setback of at least sixty (60) feet from the street right-of-way line of any existing or
proposed major thoroughfare shall be maintained.
b. Ingress and egress points shall be located at least sixty (60) feet from the intersection of any
two (2) streets.
4. Outdoor recreational space for amusement parks, miniature golf courses, and other outdoor recreation
activities subject to the following:
a. Amusement parks or amusement facilities must be fenced on all sides with a four foot six
inch (4'-6") high wall or fence.
b. Adequate parking shall be provided off the road right-of-way and shall be fenced with a four
foot six inch (4'-6") high wall or fence where adjacent to the use.
5. Outdoor theaters subject to the following conditions:
a. Points of ingress and egress for the outdoor theater shall be on major thoroughfares and shall
not be accessible from any residential street.
b. All vehicles waiting or standing to enter the facility shall be provided off-street waiting space.
No vehicle shall be permitted to wait or stand within a dedicated road right-of way.
6. Private clubs, lodges, social and similar facilities.
7. Churches and other facilities normally incidental thereto subject to the following conditions:
a. The site shall be so located as to provide for ingress and egress from said site directly onto a
major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties zoned for
residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100 may be allowed
provided front, side, and rear yards are increased above the minimum requirements by one ( 1)
foot for each foot of building that exceeds the maximum height allowed.
5
8. Commercial Kennels.
9. Mini Storage (warehouse facilities); (amended 10/98)
a. The parcel shall have direct access to a major thoroughfare.
b. One (I) parking space shall be provided for each twenty (20) rental units within the
buildings, and one (I) parking space shall be provided for each employee on site.
c. Between warehouses, there shall be a minimum of twenty five (25') feet for internal
access drives. Traffic direction and parking shall be designated by signaling or
painting.
d. The lot area used for parking and access shall be provided with a permanent,
durable, dustless surface and shall be graded and drained so as to dispose of all
surface water.
e. All lighting shall conform to section 2319 of this ordinance.
f. A ten foot landscaped berm shall be required in the front setback of areas adjacent to
any residential zone or use.
g. Retail, wholesale, fabrication, manufacturing, or service activities may not be
conducted from the storage units by the lessees.
h. Storage of goods shall be limited to personal property with no commercial
distribution allowed and no operation which requires the regular delivery or pick-up
of goods in truck in excess of one and one-half (1.5) ton rated capacity shall be
permitted.
i. All storage shall be within the enclosed building area. There shall be no outside
storage or stockpiling.
j. No storage of hazardous, toxic, or explosive materials shall be permitted at the
facility. Signs shall be posted at the facility describing such limitations.
10. Accessory uses and accessory buildings customarily incidental to the above Special Land Uses
Permitted.
11. Uses similar to the above Special Land Uses Pennitted.
12. Non-accessory signs provided that the signs conform to Section 2308 (!) (f) of this code.
SECTION 1302: PLANNED UNIT DEVELOPMENTS
Planned Developments may be allowed by the Planning Commission under the procedural guidelines of Section
2101. The intent of Planned Unit Developments in the B-4 General Business Districts is to allow mixed land
uses, which are compatible to each other, while prohibiting nonresidential uses which would not be compatible
or harmonious with residential dwellings or pe1mitted commercial uses.
SECTION 1303: AREA AND BULK REQUIREMENTS
See Article XXI, "Schedule of Regulations", limiting the height and bulk of buildings, the minimum size of lot
permitted by land use, and maximum density permitted.
6
STAFF RECOMMENDATION
Staff recommends denial of the rezoning request, but would suggest that the Housing
Commission consider a rezoning to B-2 or to B-1, as either of these would be a less intense
zoning for the property and would still allow their intended use.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
I. What, if any, identifiable conditions related to the petition have changed which justify
the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent which might result from
the approval or denial of the petition.
3. What is the impact of the amendment on the ability of the city to provide adequate
public services and facilities and/or programs that might reasonably be required in the
future if the petition is approved.
4. Does the petitioned zoning change adversely affect the environmental conditions or value
of the surrounding property.
5. Does the petitioned zoning change generally comply with the adopted Future Land
Use Plan of the City.
6. Are there any significant negative environmental impacts which would reasonably
occur if the petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic
sites, or wildlife areas.
7
Commission Meeting Date: January 25, 2000
Date: January 18, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ~1<V
RE: Purchase of Property from Cole's for the Muskegon
Lakeshore Trail
SUMMARY OF REQUEST:
Approval of resolution and purchase agreement for property owned by Cole's Quality
Foods, which is required for the Lakeshore Trail (see enclosed map). The purchase
price is $6,300.00 ,which is the appraised value of the property. Through this
agreement, the City will also be agreeing to construct a fence along the property which
matches the current wrought-iron fencing, as well as agreeing to match existing lighting
and security on the fence. The City will also be agreeing to remove any existing trees
from the property. The purchase agreement has already been signed by Cole's.
FINANCIAL IMPACT:
Purchase will allow the Lakeshore Trail project to continue. The price for the property
is $6,300.00 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:
The Committee of the Whole will review the request at their 1/24 meeting.
1/18/2000
CITY OF MUSKEGON
RESOLUTION · 2000-19{n)
RESOLUTION APPROVING THE PURCHASE OF TRAIL PROPERTY
WHEREAS, the City of Muskegon is in the process of purchasing properties for the Muskegon
Lakeshore Trail project, and the Cole's Quality Foods property has been identified as necessary
for the project;
WHEREAS, the purchase ofthis property from Cole's would allow the trail project to proceed;
WHEREAS, the City of Muskegon has made a commitment to the Michigan Department of
Natural Resources to purchase specific trail properties as part of the conversion of the Chase
Hammond Golf Course property, and the subject property is included in that commitment;
WHEREAS, Cole's has signed a purchase agreement for the property at the price of $6,300.00
for the 16-foot strip ( containing approx. 4,548.32 square feet);
WHEREAS, the City of Muskegon is agreeing to the provisions of the purchase agreement,
including construction of fencing, lighting and security to match existing and the removal of
existing trees from the property;
NOW, THEREFORE BE IT RESOLVED, that the City of Muskegon agrees to purchase the
subject property identified in the attached survey and legal description at a cost of $6,300.00.
th
Resolution adopted this 25 day of January, 2000.
Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict
Nays: None
Absent: None
CERTIFICATION
This resolution was adopted at a regular meeting of the Ci_ty Commission, held on January 25, 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
By
Gail A. Kundinger, Clerl
2000-19(n)
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made January 25, 2000 , W99', by and between
COLES QUALITY FOODS, INC., a Michigan Corporation, of 1188 Lakeshore Drive,
Muskegon, Michigan 49441 ("Seller"), and the CITY OF MUSKEGON, of933 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 ofreal estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property ("Premises") specifically described as:
See attached Exhibit A;
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 Six Thousand Three Hundred Dollars ($6,300), payable in cash or by 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. 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 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
G:\COMMON\5\GT J\C.TRAIL\COLES.PA - 1-
Agreement will be terminated at 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 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. Further, Buyer has obtained a survey and is
satisfied with same, provided no change has been made to the property since the date of the
survey.
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 Cole's 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 Cole's knowledge.
Such representations and warranties shall be deemed to have been made again by Seller
as of the closing. Seller agrees to indemnify Buyer and hold it harmless from and against any
and all claims, demands, liabilities, costs, expenses, penalties, damages and losses, including, but
not limited to, reasonable attorneys' fees, resulting from any misrepresentation or breach of the
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-TRAIL\COLES.PA -2-
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
PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, TAK.ING INTO
ACCOUNT THE REPRESENTATIONS OF SELLER.
9. Specific Use Provisions. The parties agree to the following use provision and
contingency, which will survive the closing:
9.1 Fences. At the time it installs the trail, Buyer shall construct and maintain a
wrought iron fence along the trail on the property conveyed pursuant to this Agreement, the said
fence to be constructed on the side of the property nearest Cole's remaining property. The fence
shall be compatible in design with Seller's existing wrought iron fencing, and shall include
security devices which complement the existing security devices in the fencing on Seller's
remaining property. The fence to be installed by Buyer shall have lighting installed upon it
compatible with the existing lighting on Seller's fence. The fence shall be installed before
removal of the appropriate portion of Seller's fence.
9.2 Trees on the Property. Buyer shall remove any trees on the property
acquired pursuant to this agreement at its expense and at its discretion.
10. 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.
11. Closing. The closing date of this sale shall be on or before - - - - - - - ~
___ ("closing"). The closing shall be conducted at _ _ _ _ _ _ _ _ _ _ _ _ _ __
- - - - - - - - - - ~ Muskegon, Michigan. If necessary, 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.
G:\COMMON\5\GTJ\C-TRAIL\COLES.PA -3-
13. Affidavit of Title. At 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 and convey marketable title to the extent required by this Agreement or
by the title insurance company. Buyer shall pay for the cost of recording the warranty deed to be
delivered at closing and the title company fees for closing.
16. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
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.
G:\COMMON\5\GTJ\C.TRAIL\COLES.PA -4-
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.
r/J
WI1NESSES: SELLER: COLES QUALITY FOODS, INC.
7
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By _ _ _ _ _ _ _ _ _ _ _ __
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BUYER: CITY OF MUSKEGON
By·_£Q,!,~-...d...-~~~~~'sd___
Gai A. Kundinger, Clerk
Drafted by: Business Address:
PARMENTER O'TOOLE 175 W. Apple Avenue, P.O. Box 786
BY: G. Thomas Johnson Muskegon, Michigan 49443-0786
Telephone: 231/722-1621
G:\COMMON\5\GTJ\C-TRA!L\COLES.PA - 5-
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86.43' ~ SOUTHEASTERLY LINE OF THE NORTHEASTERLY
200' OF BLOCK 58D OF REVISED PLAT OF 1903
OF THE Cl1Y OF MUSKEGON \
KIRKSEY PROPERTY \
61-10-25-100-002
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COLE'S QUALITY FOODS
/
61-10-25-100-004 16' WIDE STRIP OF PROPERTY TO
BE PURCHASED FOR BIKE PA TH
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( 4548,32 SFT) (0.104 ACRES)
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\ \ ~ LAKESHORE YACHT HARBOUR II
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PARCEL DESCRIPTION
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LAKESHORE YACHT HARBOUR
61-10-25-100-003
LAKESHORE YACHT HARBOUR RECORDED
IN UBER 1290, PAGE 64 AND AMENDED
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IN UBER 1295, PAGE 4JB
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BEARINGS ARE BASED ON LAKESHORE
/ / LENGTH - 158.lJ'
YACHT HARBOUR AND ARE FROM SOLAR
OBSERVATION MADE JULY 21, 1978
/ /4 / CHORD "' 157.44'
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SCALE: 1•=100' I
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RE: BIKE PATH ACROSS COLE'S QUALITY FOODS, INC.
!~~~e~~ o~~,?a~~g:e:~~e~clolee, Inc.
11 J west savidge st.
P.S. No. 39094 spring lal<o, michigan 49456
The ratio of closure is wilhin !he accuracy of survey os l.illlli! phone: (616) 846-1960
required in Act No. 288 of Public Acls of 1967. This • s~t Cone. I.Ion.
survey complies with \he requirements of Section J II Found C<!nc, I.Inn. FOR CllY OF MUSKEGON
Public Ac! 1J2 of 1970 0 s~t Cuppod Iron
This survey wos made from the !egol description shown
above. The description should be compared ,with the
•p, Found !ron
Pla\l,,d
IN
DATE
Of SECTION 25
DRAWN BY
T. 10 N. R. 17 W.
ORB
· 7 17 98
o."·
IJ003ured
Abstrod of Title or TIiie Insurance Policy for occurocy, Oe:icribed
easements and exce lions. SHEET OF 2 JOB No. J980550-B
Description of a 16 foot wide strip of property to be used for the Lakeshore Trail Bike Path
across property owned by Cole's Quality Foods, Inc. (Parcel I.D. 61-10-25-100-004).
That part of Block 580 of the revised Plat of 1903 of the City of Muskegon (Liber 3, Page
71), Section 25, Town 10 North, Range 17 West, Muskegon County, Michigan, described as
beginning at the most Easterly corner of Lakcshore Yacht Harbour as recorded in Liber
1290, Page 64 and amended in Liber 1295, Page 438 of Muskegon County Records; thence
North 32 degrees 28 minutes East 236,30 feet along the Northeasterly line of Lakeshore
Yacht Harbour to the true place of beginning; thence South 57 degrees 32 minutes West
along the Northerly line of said Lakeshore Yacht Harbour, 16.00 feet; thence North 32
degrees 28 minutes West 241.81 feet being parallel with and 16 feet Soutl1westerly (measured
perpendicular to) of the Southwesterly line of the Nortl1easterly 200 feet of said Block 580;
thence North 21 degrees 47 minutes 54 seconds West 86.43 feet; thence Soutl1 32 degrees 28
rnin~tes East along said Southwesterly line, 326.72 feet to the point of beginning.
Containing 4548.32 square feet, (0.104 acre).
Together with and subject easements of record.
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Oomel D. Pratt P.S. No. 39094
The rolio of closure is within the accuracy or survey os Wlflfil
required in Acl No. 288 of Public Ai:ls or 19~7. This D S~\ Cone. 1,1-0n.
survey complies with the requirements of Seclmn J
Public Act 132 of 1970 •
0
Found Con~. Mon,
S~l Copped ffon
FOR CflY .OF MUSKEGON
This survey wos mode from the legal description shown •
P.
Found Iron
Plotted
IN
DATE
Of SECTION 25
!DRAWN BY
T. 10 N. R. 17 W.
ORB
above. The description should be compared with the 7/17/98
Abslroct of Title or Tille Insurance Policy for accuracy,
easements and excenUons.
"·D. M!01ured
Dt.mib.ed
SHEET 2 Of 2 !Joa No. J980550-B
TRANSNATION TITLE INSURANCE CO
570 SEMINOLE ROAD, SUITE 102
MUSKEGON MI 49444
Date: March 28, 2000
Escrow Number: 409736
Property Address: V/L Western
Muskegon, Michigan 491,40
p u RCHASER' T A T E M E N T
DEBIT CREDIT
Purchaser Price I• 6,300.00 /$
I I
I I
I I
I I
Rent Adjustment I I
CLOSING FEES I 100.00 I
Recording fees I 12.00 I
Sub Total /$ 6/112.00 I•
Due from Purchaser I /$ 6,412.00
TOTALS $ 6 412.00 $ 6 412.00
**********************************************************************************************************************************
The undersigned Purchasers acknowledge Receipt of a copy of
this sta'tement and agree to the correctness thereof, and
authorizes and ratifies the disbursement of the funds as stated
therein.
Purchaser(s) Si gnature(s):
Deborah Harrison, Assist nt Planner
ACKNOWLEDGEMENT OF HOMESTEAD EXEMPTION AFFIDAVIT
AND REQUEST TO RESCIND/WITHDRAW HOMESTEAD EXEMPTION
AND PROPERTY TRANSFER AFFIDAVIT
FILE# 409736
DATE: March 28th 2000
The undersigned hereby acknowledge receipt of a Request to
Rescind/Withdraw Homestead Exemption form (Michigan Department of
Treasury Form No. 2602) as same is uired by Public Act 237 of 1994.
Please check one of t)::i_EL_:fpllowing:
The undersigned do not re ues Tr-.a.nsn-at~~ Title Insurance Company
to le the form on their eha _ -----~.~~~
The and operlyCOmgJ.eted the forms and
tle surance Comp'any file the form with
local tax callee 'ng unit. The undersigned
and agree th t the Co pany will mail the form by first
and t h a ~ t Company shall not be liable in the event
e infer tion provided on said form is inaccurate or
e, or i----.t; e event that said form is not received or
recessed by the local tax collecting unit.
SELLER (S),
C,oles Quality Foods, Inc.
BY,c-~----c~----,--.-.-=----cc-~,---~---
Robert Lewandoski, Vice President
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
j \, to file the form on their behalf.
The undersigned request that the Company mail the form by first
class mail and acknowledges that the Company shall not be liable in
the event that any of the information provided on said form is
inaccurate or incomplete, or in the event said form is not received
or properly processed by the local tax collecting unit.
PURCHASER(S),
City of Muskegon
-
MUSKEGON REAL ESTATE BOARD
ADDENDUM TO BUY and SELL AGREEMENT
Date: March 28. 2000.
Office of Phone REALTOR. MUSKEGON. Ml
1. Addendum to Buy Sell Agreement dated January 25. 2000 covering property at VIL
Western. Muskegon. Michigan 49440 and legally described as:
That part of Block 580 of the Revised Plat of 1903 of the City of Muskegon. as
recorded in Liber 3. Page 71. Muskegon County Records. described as beginning at
the most Easterly corner of Lakeshore Yacht Harbour. as recorded in Liber 1290.
Page 64 and amended in Liber 1295. Page 438. Muskegon County Records: thence
North 32 degrees 28 minutes East 236.30 feet along the Northeasterly line of
Lakeshore Yacht Harbour to the true place of beginning: thence South 57 degrees
32 minutes West along the Northerly line of said Lakeshore Yacht Harbour. 16.00
feet: thence North 32 degrees 28 minutes West 241.81 feet being parallel with and
16.00 feet Southwesterly (measured perpendicular to) of the Southwesterly line of
the Northeasterly 200.00 feet of said Block 580: thence North 21 degrees 47
minutes 54 seconds West 86.43 feet: thence South 32 degrees 28 minutes East along
said Southwesterly line. 326.72 feet to the point of beginning.
2; This Addendum to be an integral part of attached Buy and Sell Agreement. which is
amended as follows:
The correct legal should read as stated above. The date of closing to be March
28. 2000.
3. RECEIPT IS ACKNOWLEDGED BY BUYER of a copy of this Agreement.
Wi,i/:;/1(1/'~, City of Muskegon
4. REC PT IS ACKNOWLEDGED BY SELLER of a copy of this Agreement.
Coles Quality Foods. Inc.
AFFIDAVIT OF TITLE
STATE OF MICHIGAN Title Commitment# 409736
COUNTY OF Muskegon
That Coles Quality Foods. Inc .. a Michigan Corporation being first duly sworn on oath
says that they are the true and lawful owner(s) of the premises located at:
V/L Western
Muskegon. Michigan 49440
AND
I. 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. 1ease. 1and 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):
Coles Quality Foods. Inc.
Subscribed and sworn to. before me a Notary Public. •his 28th day of March. 2000
Notary Public ________ County
My Commi ss i 10,Alf!Pto,f'lS"O""Nc------
Notary Public, Muskegon County, Ml
My Commissioe Expires 8-13-02
Michigan D~panmenl of Trnasu,y
l-4258 (Rov. 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 Tm·mship
I Muskegon I I Muskegon
13. Se 11 er· s Name and Mai 1i ng Address I 14. Purchaser's Name and Mailing Address
I Coles Quality Foods, Inc. I I City of Muskegon
I I I
I 1188 Lakeshore Dr. I I 933 Terrace St.
I Muskegon. MI 49441 I I Muskegon, MI 49440
15. Type and Date of Document I 1,. cash Payment I 11. Amount of County Tax
I I I I I f.7 .15
I Land Contract Date: I
I I 18. Amount of Mortgage/Land Contract I 19. Amount of State Tax
I L Deed Date: 03/28/00 I I I I $48. 75
110. If consideration is less than market value. I 111. Total Consideration(add lines 6&8) 1112. Total Revenue Stamps
I state market value I I $6.300,00 I I $55. 90
13. Legal Description of Real Estate Transferred:
That part of Block 580 of the Revised Plat of 1903 of the City of Muskegon. as recorded in Liber 3. Page 71. Muskegon
County Records. described as beginning at the most Easterly corner of Lakeshore Yacht Harbour. as recorded in Liber 1290.
Page 64 and amended in Liber 1295. Page 438. Muskegon County Records: thence North 32 degrees 28 minutes East 236.30 feet
along the Northeasterly line of Lakeshore Yacht Harbour to the true place of beginning; thence South 57 degrees 32
minutes \•/est along the Northerly line of said Lakeshore Yacht Harbour. 16.00 feet; thence North 32 clegrees 28 minutes
\·Jest 241.81 feet being parallel with and 16.00 feet South1•1esterly (measured perpendicular to) of the Southwesterly line
of the Northeasterly 200.00 feet of said Block 580: thence North 21 degrees 47 minutes 54 seconds \•Jest 86.43 feet; thence
South 32 degrees 28 minutes East along said South1·1ester ly line. 326. 72 feet to the point of beginning.
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 28th day of March, 2000 Signed:
Subscribed and sworn to before me this 28th day of March. 2000
Coles Quality Foods, Inc.
ARI K. LARSON
,-,y-,---i-,,-i-,-,-,,-p-i_ce_s_N_o_ta-,y~P-ublic, Muskegon County, Ml
MY Commission Expires 8-13-02
WARRANTY DEED
STATUTORY FORM FOR CORPORATIONS 409736
Form No. M-961
KNOW ALL MEN BY THESE PRESENTS: That Coles Quality Foods, Inc., a Michigan
Corporation
a Michigan corporation, whose street is 1188 Lakeshore Dr.
Muskegon, MI 49441
Conveys and Warrants to City of Muskegon
whose street number and post office address is 933 Terrace St.
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
Nore commonly known as: V/L Western, Muskegon, Michigan 49440
for the sum of ONE AND 00/100, (***$1.00*) Dollars
for the sum of AFFIX REVENUE STAMPS AFTER RECORDING
subject to easements, use, building and other restrictions of record, if any;
Dated this 28th day of March, 2000
Signed and Sealed:
Coles Quality Foods, Inc.
STATE OF MICHIGAN }
} ss.
COUNTY OF Muskegon }
The foregoing instrWl\ent was acknowledged before me this 28th day of March, 2000
by Robert Lewandoski,MV:~:::;:~~' of Col~25:~-----------
No!~i'.)I Public, Muskegon County, Ml
J.!y co-ission exM\lcll~mmlsslon Expires 8-1~ Notary Public, County, Michigan
County Treasurer's Certificate City Treasurer's Certificate
After recording return to: Drafted By:
City of Muskegon Coles Quality Foods, Inc.
933 Terrace St. 1188 Lakeshore Dr.
Muskegon, MI 49440 Muskegon, MI 49441
ESCROW NO.: 409736
DATE March 28, 2000
"EXHIBIT A"
LEGAL DESCRIPTION
That part of Block 580 of the Revised Plat of 1903 of the City of Muskegon, as
recorded in Liber 3, Page 71, Muskegon County Records, described as beginning at
the most Easterly corner of Lakeshore Yacht Harbour. as recorded in Liber 1290,
Page 64 and-amended in Liber 1295, Page 438, MUskegon County Records; thence North
32 degrees 28 minutes East 236,30 feet along the Northeasterly line of Lakeshore
Yacht Harbour to the true place of beginning; thence South 57 degrees 32 minutes
West along the Northerly line of said Lakeshore Yacht Harbour, 16.00 feet; thence
North 32 degrees 28 minutes West 241,81 feet being parallel with and 16.00 feet
Southwesterly (measured perpendicular to) of the Southwesterly line of the
Northeasterly 200,00 feet of said Block 580; thence North 21 degrees 47 minutes 54
seconds West 86,43 feet; thence South 32 degrees 28 minutes East along said
Southwesterly line, 326.72 feet to the point of beginning.
61-24-515-000-0000-00
2000-19(n)
REAL ESTATE PURCHASE AGREEMENT
THISAGREEMENTismade January 25, 2000
,~byandbetween
COLES QUALITY FOODS, INC., a Michigan Corporation, of 1188 Lakeshore Drive,
Muskegon, Michigan 49441 ("Seller"), and the CITY OF MUSKEGON, of933 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:
See attached Exhibit A;
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 Six Thousand Three Hundred Dollars ($6,300), payable in cash or by 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. 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 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 ofrestriction and such unrnarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified, or fails to obtain satisfactory title insurance, this
G;\COMMON\5\GTJ\C-TRAIL\COLES.PA - 1-
Agreement will be terminated at 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 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. Further, Buyer has obtained a survey and is
satisfied with same, provided no change has been made to the property since the date of the
survey.
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 Cole's 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 Cole's knowledge.
Such representations and warranties shall be deemed to have been made again by Seller
as of the closing. Seller agrees to indemnify Buyer and hold it harmless from and against any
i.lild 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-TRAIL\COLES.PA -2-
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 THEWARRANTY
OF SELLER THAT NO HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE
PREMISES. BUYER FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE
PREMISES AND rs SATISFIED WITH THE CONDITION OF THE LAND, TAKING INTO
ACCOUNT THE REPRESENTATIONS OF SELLER.
9. Specific Use Provisions. The parties agree to the following use provision and
contingency, which will survive the closing:
9.1 Fences. At the time it installs the trail, Buyer shall construct and maintain a
wrought iron fence along the trail on the property conveyed pursuant to. this Agreement, the said
fence to be constructed on the side of the property nearest Cole's remaining property. The fence
shall be compatible in design with Seller's existing wrought iron fencing, and shall include
security devices which complement the existing security devices in the fencing on Seller's
remaining property. The fence to be installed by Buyer shall have lighting installed upon it
compatible with the existing lighting on Seller's fence. The fence shall be installed before
removal of the appropriate portion of Seller's fence.
9.2 Trees on the Property. Buyer shall remove any trees on the property
acquired pursuant to this agreement at its expense and at its discretion.
10. 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.
11. Closing. The closing date of this sale shall be on or before - - - - - - - ~
___ ("closing"). The closing shall be conducted at _ _ _ _ _ _ _ _ _ _ _ _ _ __
- - - - - - - - - - ~ Muskegon, Michigan. If necessary, the parties shall execute an
LRS closing report at the closing.
12. Delivery of Deed. Seller shall execute and deliver a warranty deed to Buyer at
closing for the Premises.
G:\COMMON\5\GTJ\C-TRAIL\COLES.PA -3-
13. Affidavit of Title. At 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 and convey marketable title to the extent required by this Agreement or
by the title insurance company. Buyer shall pay for the cost ofrecording the warranty deed to be
delivered at closing and the title company fees for closing.
16. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
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.
G:\COMMON\5\GTJ\C~TRAIL\COLES.PA -4-
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: COLES QUALITY FOODS, INC.
TIDNumber:
By /k ~--.,-/-,,-.-;-;-1/l~~.-.
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Its._ _ _ _ _ _ _ _ _ _ _ _ _ __
BUYER: CITY OF MUSKEGON
{l
By•_ _'.J::::':~~,..,,L-~~~~~L__
Gai A. Kundinger, Clerk
Drafted by: Business Address:
PARMENTER OTOOLE 175 W. Apple Avenue, P.O. Box 786
BY: G. Thomas Johnson Muskegon, Michigan 49443-0786
Telephone: 231/722-1621
G:\COMMON\5\GTJ\C~TRAlL\COLES.PA -5-
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86.43' ~ SOUTHEASTERLY LINE OF THE NORTHEASTERLY
200' OF BLOCI( 580 OF REVISED PLAT Of 1903
OF THE CITY OF MUSKEGON \
KIRKSEY PROPERTY \
61-10-25-100-002
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COLE'S QUALITY FOODS /
61-10-25-100-004 16' WIDE STRIP OF PROPERTY TD
BE PURCHASED FOR BIKE PATH
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LAKESHORE YACHT HARBOUR
61-10-25-100-003
LAJ<ESHORE YACHT HARBOUR RECORDED
IN UBER 1290, PAGE 64 AND AMENDED
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BEARINGS ARE BASED ON LAl(ESHORE
......... I . .,,.... RADIUS =- 430.Bl'
LENGTH "' 158.JJ'
YACHT HARBOUR AND ARE FROM SOLAR
OBSERVATION MADE JULY 21, 197B
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SCALE: 1"=100' I I ""I G/
RE: BIKE PATH ACROSS COLE'S QUAU1Y FOODS, INC.
~
Joiner engineering
A D!vlelon of Drleeango & Aesoclolaa, Inc.
113 west savidge st.
P.S. No. 39094 spring lake, michigan 49456
The ratio of closure is within the accuracy of survey os J..llilliQ. phone: (616) 846-1960
required in Act No. 288 of Public Acls of 1967, This • Set CDnc. Mon.
survey complies with the requirements or Section J II found Cone. Mon. FOR CITY OF MUSKEGON
Pubflc Ac! IJ2 of 1970 a Set Capped Iron
This survey wos made from Iha legal description shown
obove. The description should be compared ,with !he
•P. found Iron
Plo!lr,d
IN
bATE
OF ~CTION ~
DRAWN BY
___ T. 10
ORB
tf,,_ R, 17 __W,
7/17/98
Abstract of Title or Tille Insurance Policy for accurocy,
easements and exceptions.
"·
0.
1Jea9ured
Oe9c,ibed
SHEET 1 OF 2 JOB_~~80550-~
,,C.-r .d-rI?.,,. °7' A
Description of a 16 foot wide strip of property to be used for the Lakeshore Trail Blice Path
across property owned by Cole's Quality Foods, Inc. (Parcel I.D. 61-10-25-100-004).
That part of Dlock 580 of the revised Plat of 1903 of tl1e City of Muskegon (Liber 3, Page
71), Section 25, Town 10 North, Range 17 West, Muskegon County, Michigan, described as
beginning at the most Easterly corner of Lakcshore Yacht Harbour as recorded in Liber
1290, Page 64 and amended in Liber 1295, Page 438 of Muskegon County Records; thence
Nortl1 32 degrees 28 minutes East 236.30 feet along the Northeasterly line of Lakeshore
Yacht Harbour to the true place of beginning; thence South 57 degrees 32 minutes West
along the Northerly line of said Lakeshore Yacht Harbour, 16.00 feet; tl1ence North 32
degrees 28 minutes West 241.81 feet being parallel with and 16 feet Southwesterly (measured
perpendicular to) of tl1e Southwesterly line of the Northeasterly 200 feet of said Block 580;
thence North 21 degrees 47 minutes 54 seconds West 86.43 feet; thence South 32 degrees 28
minutes East along said Southwesterly line, 326:72 feet to the point of beginning.
Containing 4548.32 square feet, (0.104 acre).
Together with and subject easements of record.
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Joiner engineering
A D1vl11!on of Driesenga & Aeaoclalee, Inc.
113 west savidge st.
P.S. No. 39094 ~ spring lake, michigan 49456
The ratio of closure is within the accuracy of survey as Lm!Jfil __,- phone: (616) 846-1960
required ln Act No. 288 of Public Acls of 1967, This • Se\ Cane. Mon.
survey complies with the requiremiinls of Section 3 l!il Found Cone. Mon, FOR CflY OF MUSKEGON
Public Act 132 of 1970 o So\ Copp~d Iron
This survey v,os mode from the legnl description shown ID Found Iron IN OF SECTION 25 T, 10 N, R:, 17 1/1_,
above. The description should be compared with the :: :1:!~:~e.i DATE 7/17 /98 jDRAWN BY DRS
Abstract or TIile ·or Title Insurance Policy for accuracy,
easements and excepUons. D, De,crib3d I SHEET 2 OF 2 JOB No. J980550-8
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING January 25, 2000
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: January 19, 2000
RE: Police and Fire Pension Ordinance Amendment
SUMMARY OF REQUEST:
To approve an amendment to the Police and Fire Pension Ordinance that would allow non-
union police command officers to retire at age 53 during a specific period of time.
FINANCIAL IMPACT:
The actuarial cost is approximately $34,000.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the ordinance amendment.
COMMITTEE RECOMMENDATION:
The Committee of the Whole will consider this request at their meeting on January 24, 2000.
O:COMMON\DEPTMENT\ADMIN\AGNDAFRM
JMS -0: (P&F - PENSION ORDINANCE AMENDMENT)
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2010
An ordinance amending Appendix A of the Code of the City of Muskegon concerning
Police-Fire Retirement System Ordinance.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS :
loJc e.. - /;;,,.e ~
A new section of the General-£mploye-es Retirement System Ordinance is to be added to
Appendix A and shall read in its entirety as follows:
Early Retirement Incentive (2000.)
'
Section 12.1
(a) A member may retire in accordance with Section 12.1 ofthis ordinance
upon satisfoction of all of the following conditions:
1. The member is not represented by a labor organization at
the time of the member elects to take the early retirement
benefits provided for in Section 12.1;
2. The member is at least fifty-three (53) years of age; and,
3. The member has ten (10) or more years of credited service.
A member who satisfies all of the above criteria may accept the benefits of this early retirement
program. In order to qualify for the benefits, the eligible member must declare their intent to
retire by fl1ay 1 , 2000 , and leave employment between July 1 , 2000 , and
July 31 2000
(b) Upon retirement pursuant to this Section, a person shall be paid a pension
computed according to Section 15.
(c) · Other than the obligation to pay pensions pursuant to Section 12.1 (b), this
Section shal_l become null and void on August 1 , 2000 .
G:ICOMMON\5\JCS\C-POL-FI.ORD
In all other respects Appendix A of the Code of the City ofMuskegon shall remain in full
force and effect.
This ordinance adopted:
Ayes: Nie 1sen, Schwe i fl er, Shepherd, Si eradzk i , Spataro, As 1ak son , Benedict
Nays:_N-'o-'n""""e_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Adoption Date: _.. . :J.. .;;;ac..:.n.:::..ua=r.. .,yc.. . .=2..::..5.,_,. . .:2: . ;0:;. ;:0. . ; ;0_ _ __
Effective Date:. _ _F_;e;.; ; b. ;. r. : .u=ar'--y.___1..;::_8_,_,-'2=0:c. .:0;. .c;0_ __
First Reading: _ _J.:. a.:. n. . ; ;uc:: a-'--'ry"---"2:.. .:5_,_,____::_2.:. 00.:. 0:.. . __ __
Second Reading: -~,.____ _ _ _ _ _ _ __
CITY OF MUSKEGON j
By ~ a_L ~r.,
Gail A Kundinge;
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 25th day of January , 2(XX) , at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted, and public
notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of
1976, as amended, and that minutes were kept and will be or have been made available as required
thereby.
DATED: January 25 · , 2000
~Q _L~w
i
Gail A Kundinger, CMC/AAE
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
G:\COMMON\5\JCS\C-PuL-FI.ORD
low offices of PARMENTER O'TOOLE
175 W. Apple Avenue • P.O. Box 786 • Muskegon, Michigan • 49443-0786
Phone 231.722.1621 • Fax 231.722.7866 or 728.2206
February 2, 2000
Ms. Gail A Kundinger
City Clerk
City of Muskegon
P .O. Box 536
Muskegon, MI 49443-0536
Re: Police and Fire Retirement System
Dear Ms. Kundinger:
Enclosed please find Notice of Adoption of an Amendment to the Police Fire Retirement System.
Please fill in the date the city commission adopted the amendment.
Enclosure
G. Thomas Johnson John C. Schrier James R. Scheuerle O/Co1111sel Retired Paul T. Sorensen
George D. Van Epps Christopher L. Kelly Keith L. McEvoy Thomas J. O'Toole Robert L. Forsythe 1920-1966
John M. Briggs, Ill Lindo S. Kaare Anna K. Urick Eric J. Fauri Arthur M. Rude George A. Parmenter
Michael L. Rolf Philip M. Stoffan Scott R. Sewick 1903-1993
Harold M. Street
George W. Joh nson William J. Meier Jennifer L. Hylland Cyrus M. Poppen
W. Brod Groom Jeffery A. Jacobson 1903-1996
O:\COMMON\SVCS\C-P&F-RT .N03
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on January 25 , 2000, the City Commission of the City of
Muskegon adopted amendments to Appendix A of the Muskegon City Code concerning the
Police and Fire Retirement System, summarized as follows:
1. Section 12.1 is amended to provide an early retirement option for a member who
is not represented .by a labor organization at the time of the member elects to take
the early retirement benefits, is at least fifty-three (53) years of age, and has ten
(10) or more years of credited service. The eligible member must declare their
intent to retie by May 1, 2000, and leave employment between July 1, 2000 and
July 30, 2000. Other than the obligation to pay pensions, this Section shall
become null and void on August 1, 2000.
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 (10) days from the date of this publication.
CITY OF MUSKEGON
Published February 8 ,2000 By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
G:\COMMON\5\JCS\C-P&F-RT.N03
Date: January 25, 2000
To: Honorable Mayor and City Commissioners
From: City Attorney
RE: Amoco Deal·
SUMMARY OF REQUEST: The contract has been amended to satisfy
the City concerning its responsibilities and risks on the Amoco property,
which we are proposing to acquire to use for a large segment of the
Lakeshore Trail. The concerns included, primarily, an agreement
proposed to us which required us to indemnify Amoco for all kinds of
pollution which could have caused third party injury, but which was
caused by them. The changes made in this document do away with that
concern.
This is ready for approval PROVIDED Amoco sends us one other
document - a proposed restrictive covenant document with changes
concerning the expense of soil removal by Amoco, and a change
regarding the need for Amoco approval of our improvements - the trail,
or park, or other uses.
FINANCIAL IMPACT:
BUDGET ACTION REQUIRED:
STAFF RECOMMENDATION: Approval, contingent on those changes,
in form acceptable to the City Manager and/or the City Attorney.
COMMITTEE RECOMMENDATION: The Committee of the Whole will
meet January 24, 2000, and discuss this request.
1;c:47 AUG 16, 1999 *9516 PAGE: 1/4
lawefficesof I PARMENTER OJ-TOOLE
175W.AppleAvenue • P.O. Box 786 • Muskegon, Ml 49443--0786
23"1.722.1621 • fox 722.7866 or 728.2206
August 16, 1999 PROPOSED 8/16
Mr. David Crawford, Attorney
Amoco Corporation - Law Department
Mailcode 1406
200 E. Randolph Drive
P.O. Box 8773 (60680-0703) Amoco/City ofMuskegon
Chicago, lL 60601-7125
Dear Mr. Crawford:
Thank you for supplying the real estate contract, as revised, and the other documents you sent
me by Federal Express, July 21, 1999.
As I indicated to you previously, we presented this contract to the Muskegon City Commission
with my comments and with the comments of our engineering consultant on this project. I was
pleased to report the adjustments which we had agreed to in the contract, but the city
commission, because of other concerns, expressed not only by myself but by the environmental
consultant, declined to enter into the agreement.
These concerns were, chiefly, the indemnity limitations, the condition of the property, the
progress of the cleanup, the absence of the filing of a RAP with the state, and access issues. At
their direction and after staff consultation, we expect that the city will be in a better position to
accept an agreement of sale for the indicated price if the following are included or changed in an
agreement:
1. The protection of the city by BP Amoco or its successors under an indemnity clause
should continue until the contamination on the property has been cleaned up to the
satisfaction of the MDEQ. The limitation on the indemnity time to the "petroleum
restriction" period was inadequate in the view of the commissioners. Moreover, we
believe the indemnity provisions should include not only actual cleanup costs, but fines,
penalties, attorney fees, and other expenses so that the city is made whole in the event the
city is responsible for either regulatory or third-party claims which arise out of the
preexisting contamination or your activities.
G. Thomas JohnS<ln Jahn C. Schrier James R. Scheuer!e OfG'o1111sel J?,t;rnf Paul T. Sorensen
George D. Von Epps Christopher L Kelly Anna I( Urick ThomasJ. O'Toole Robert L. Forsythe 1920-1966
John M. Briggs, 111 Linda S. Kaa:re Jennifer L Hyllond EricJ. Fouri Arthur M, Rude George A Po,menter
Michael L Rolf WilliamJ. Meier Philip M. Stoffan Harold M. Street 1903-1993
George W. Johnson Keith L McEvoy Scott R. Sewick Cyrus M. Poppen
W. Rrad Groom 1903-1996
G:\COMMON\5\GTJ\C-TRAIL\AMC08-13. LTR
12:48 AUG 16, 1999 #9516 PAGE: 2/4
2. The RAP should be prepared and filed with MDEQ at least in bona fide first draft fonn
before we close, or if that is impossible, within six months of the closing, with the
purchase price escrowed in an interest bearing account, to be released conditional upon
that bona fide filing. We had not realized, until our environmental consultant investigated,
that there is no RAP on file, and it would seem that after this long time that should have
been accomplished. The commissioners expressed it this way - there ought to be a
blueprint for the cleanup which will result in a successful physical cleanup and approval of
MDEQ. They are unwilling to purchase the property unless that is well along. Since
actual approval of a RAP often takes many months ·or years, we felt that a bona fide filing
of the first draft should be sufficient.
3. The commitment to the buyer for the cleanup, in addition to the commitment to the state,
essentially found in paragraph 8 of the real estate contract, should last as long as the
indemnity provisions above - that is until the cleanup has been performed to the
satisfaction of the MDEQ.
4. The first draft of the RAP and subsequent drafts should seek a categorical or site specific
cleanup level which will enable recreational use under MCL 324.20120a or 20120b.
5. The restrictive covenant should be negotiated before we close to the point where it allows
the city's bike trail to be installed. This may require that we locate the trail in areas which
are less impacted, and the restrictive covenant could be approved and recorded without
impeding the construction of the trail. This does not mean that the covenant could not
include health and safety plans for construction, etc. It would mean that before closing, or
before the escrow period above, the city could at least be confident that it will be able to
build the trail after closing or breaking escrow.
6. Responsibility of the city should be limited to spills or releases which it causes. The city
should not be responsible for third-party spills, although it would take appropriate
responsibility to pursue remedies against such parties along with Amoco.
7. Amoco would be required to carry on the cleanup set forth in the RAP on a continuous
basis, stopped only by a MDEQ order. Copies of all reports in connection with the
cleanup would be supplied to the city on a continuing basis, and Amoco would be required
to continue the cleanup in effect and operate on the property for that purpose until the
MDEQ certifies completion under the RAP. (We have the impression that no cleanup
activity is presently happening).
8. The company would commit to cooperating with the city in perfonning its due care plan
and would carry on any responsibilities which the due care plan requires of it.
9. BP Amoco would assign all its right to access and any railroad crossing to the buyer. If
Amoco has them in its possession and retrievable, any documents regarding the crossing
would be supplied before closing. As you may know, the railroad has indicated that the
crossing "does not exist," and they are unwilling to grant or agree to an easement or
crossing on the tracks. This leaves us somewhat puzzled, because there is clearly a
G:\COMMON\5\GTJIC-TRAI LIAMCOS-13. LTR
12:50 AUG 16, 1999 #9516 PAGE: 3/4
crossing which has been used by Amoco for decades. The lack of access to the property
along the tracks is a matter of extreme inconvenience to the city, especially as it relates to
the entry of emergency equipment for accidents or repairs needed on the trail.
I understand that this response perhaps extends the negotiations and concerns regarding this
property. However, I do not think this is a routine transaction, and I would hope that the
possibility of marketing this property to a city, which will use it for limited public purposes, would
be attractive to the company. A considerable purchase price is involved, and the transaction
contemplates that you would be able to remain and carry out your responsibilities with a minimum
of interference by the city or persons who enter the property.
It is likely that we will have to do some fencing to at least discourage or indicate a prohibition
against coming upon the more polluted areas, and it seems to me that the city is willing to
constmct and operate a bike trail under those circumstances. I hope BP Amoco will complete this
matter as we suggest in this letter.
Of course, we are most willing to discuss with you further any other ideas you may have about
these matters and how we might successfully transact the business and utilize the property.
I would appreciate hearing from you at your earliest convenience.
Very truly yours,
G. Thomas Johnson
Direct Dial: 231/722-5400
E-mail: gtj@parmenterlaw.com
GTJ/mmf
c: Bryon Maza.de, City Manager
Deb Harrison, Planning Dept.
Dan Schornak - Alliance Real Estate Services,
16950 Garfield, Suite 5A, Clinton Township, MI 48038
G:ICOMMON\5\GTJ\C-TRAI L\AMCOB-13.LTR
SS#
Tenninal
1640 Lakeshore Drive, Muskegon, Michigan
Real Estate Contract
(Surplus Property)
26--884--SP (7-98) E
THIS CONTRACT, made this 25th day of January 2000 , between Amoco Oil Company, a
__d_o_lp_h_D_n_·v_e_,_C_h_ic_a_g_o_,I_l_li_no_i_s_6_0_6_0_I_ _ _ _ _ _~
Maryland corporation, with offices at _ _ _ _ _ _ _z_oo_E_a_st_Ran
hereinafter called Seller, and _ _ _ _ _ _ _ _ _ _ _ _ _ _C_i_ty_o_f_M_u_sk_e_g_o_n_ _ _ _ _ _ _ _ _ _ _ _ __
whose address
hereinafter is P~u-r-ch_a_s_e_r._ _ _ _ _ _ _933
called
Terrace Street, Muskegon, Michigan 49449
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
WITNESSETH:
That in consideration of the mutual covenants and agreements herein contained, Seller hereby agrees to sell, and Purchaser
hereby agrees to buy, for the price of _ _ _ _ _ _ _F_o_ur_H_u_n_d_r_ed_F_ifty_Th
__ ou_sa_n_d_an_d_N_o_l_l_Oo
_ _ _ _ _ _ _ Dollars
($ $450,000.00 ), and upon the terms and conditions hereinafter set forth, the real estate described in
Attachment #1 annexed hereto and made a part hereof, together with all improvements located thereon (the "Property"),......i.
tke ~eFSeAel p,epert) BAd e~tlipmeat, if BA), set forte iA Bill ef Sale IBbelea E><hisit "/'," aaae,cea ilerele aaa made a
part ilereel; all other trade fixtures and equipment are excepted.
Seller hereby agrees, subject to the conditions hereinafter set forth, to convey title to the Property to Purchaser by Special
Warranty Deed, subject to:
(1) Existing leases, easements, sidetrack and license agreements, if any, whether of record or not.
(2) Covenants and conditions of record, if any.
(3) Taxes and special assessments against the Property, if any.
(4) Zoning laws and municipal regulations, if any; environmental laws and regulations, if any; building line restrictions,
use restrictions and building restrictions of record, if any; and any party wall agreements of record.
(5) Encroachments, overlaps and other matters which would be disclosed by an accurate current survey.
(6) The Release and Right-of-Entry as hereinafter set forth.
(7) The following covenants and agreements of the Purchaser:
Its Self
"The Grantee(s) herein and hereby covenant(s) and agree(s) for - ~ ~ • ,---~~_,and ITS , heirs,
executors and assigns, that no part of the real estate herein conveyed shall be used by said grantee(s) heirs,
executors, grantees or assigns, tor the purpose of conducting or carrying on the business of selling, handling or
dealing in gasoline, diesel fuel, kerosene, benzol, naphtha, greases, lubricating oils, or any fuel used for internal
combustion engines, or lubricants in any form."
"The foregoing restriction shall terminate and be of no further force and effect upon the expiration of a period of 10
years from the date hereof."
ITS
"The foregoing covenants shall run with the land and be binding on said Grantee(s) -c---c---,--"'' heirs, executors,
grantees and assigns, and inure to the benefit of the Granter herein, its successors and assigns"
It is further agreed between Seller and Purchaser that:
1. Purchaser has deposited with Seller the sum of
Zero Dollars
($-~--~_,.,=,---=), as earnest money to be applied against the purchase price. On the date of closing as set forth
in Paragraph 13 (the "Closing Date"), Purchaser agrees to pay to Seller the balance of the purchase price in the amount of
Four Hundred Fifty Thousand and No/I 00 Dollars
($ _ _S4_s_o_,ooo_._oo_~l-
2.. Seller &grees to furnish to Purchaser within thirty (30) days from the date hereof a preliminary title report or commitment
to insure title to the Property issued by a responsible title insurance company, or the equivalent under the Torrens Act in the
event that the Property 1s registered under the Torrens System, showing title In Seller subject only to the exceptions above
specified and the usual exclusions and exceptions contained in standard title insurance policies.
3. Purchaser shall, within thirty (30) days after receiving said title report or commitment, deliver to Seller a written statement of
any objection to the title or a written statement to the effect that the title is satisfactory. In the event Seller does not receive
Purchaser's written statement of objections within such thirty (30) day period, it shall be conclusively presumed that Purchaser
has waived all objections to title. In the event there are objections to the title, Seller shall be allowed thirty (30) days or until the
Closing Date, whichever is longer, to cure the same, and should such objections be not cured or waived within such period, then
Seller agrees to refund the earnest money deposit, this agreement shall thereafter be inoperative and void and neither Seller nor
Purchaser shall have further liability hereunder.
4. Purchaser's obligation to close hereunder shall be subject to Purchaser, at Purchaser's sole cost and expense, inspecting or
causing an inspection to be made by qualified professionals on Purchaser's behalf of the Property and other assets described
herein, including at Purchaser's option, environmental inspections or tests for hydrocarbons or for any toxic or hazardous
substances. Purchaser, his agents or employees may enter upon the Property for the purpose of making such inspections and
tests; provided, however, that Purchaser shall schedule such inspections and tests with Seller, who shall have the right to have
a representative present at all times during inspections and tests performed by Purchaser, that Purchaser shall provide to Seller
complete copies of the results of all such inspections and tests; that the results of such tests shall be confidential and shall not
be reproduced or disclosed by Purchaser to anyone without written consent of Seller; that Purchaser shall promptly repair any
and all damages to the Property caused by that such activities, and shall restore the property to the same condition as before the
inspections or tests to the satisfaction of Seller, that such inspections and tests shall not be conducted in such a manner as to
interfere with business operations conducted on the Property; and that Purchaser shall indemnify and hold Seller harmless from
and against any and all claims arising from or by reason of Purchaser's entry upon the Property. In the event such inspections
disclose conditions unsatisfactory to Purchaser 1n Forty Five ( 45) days after
Purchaser's sole discretion, and Purchaser so notifies Seller in writing on or before execution of this Contract , then this
Contract shall become null and void, and Seller shall return the earnest money deposit to Purchaser. In the event Seller does not
receive Purchaser's written notice by such date, it shall be conclusively presumed that Purchaser has satisfied or has waived this
contingency.
5. Purchaser expressly acknowledges and agrees (i) that the Property has been used as a retail gasoline station; (ii) that
Purchaser is relying on the results of his own investigation of the physical and environmental condition of the Property; (iii) that
Purchaser is relying solely on his own judgment in completing the purchase of the Property, and (iv) that Purchaser is
acquiring the Property "as is" with all faults on the date of conveyance, except as set forth in this Contract. Seller makes no
representations or warranties whatsoever regarding the condition of the real estate or improvements, including but not limited to
the environmental condition of the Property and warranties of merchantability or fitness for a particular purpose.
thirty (30) days after the Closing Date, subject to the availability of labor, weather ac ors beyond Seller's
control. Purchaser hereby grants to Seller the ri e y, agrees to cooperate with Seller in the removal of the
existi~g tanks and · ases Seller from all claims of loss of profits. or interferen?e with Purchaser's business
7. Purchaser acknowledges receipt of copies of the assessments, reports and/or correspondence regarding the Property, copies
of which are labelled Exhibit "B" annexed hereto and made a part hereof. Purchaser further acknowledges that additional
assessments or diagnostic measures may be required to be performed upon the Property to determine and to design and
implement a reasonable and cost effective plan for remediation of hydrocarbon contamination, and that such assessments and
remediation activities may be disruptive of Purchaser's use and occupancy of the Property and may continue for an indefinite
period of time. Notwithstanding the foregoing, Purchaser desires to complete the purchase of the Property and agrees to
cooperate with Seller in the performance of assessment and remediation activities after the Closing Date.
8. Seller agrees to perform reasonable and cost effective assessment and remediation measures to address hydrocarbon
contamination on the Property caused by Seller prior to the Closing Date as deemed necessary or advisable by Seller, in its
Michigan Department of Environmental Quality
sole discretion, or as Seller is required to perform by the -.~~=~~~===~~~-=~-~----= (the
"Department''), for a period of time ending upon expiration of the petroleum restriction set forth in (7) above, or sooner as
hereinafter provided (the "Ending Date"); provided, however, at such sooner time as (i) no further remediation activities are
required from Seller by the Department, or (ii) any gasoline, diesel fuel, kerosene, benzol, naphtha or any fuel used for internal
combustion engine is sold, handled or stored on the Property; or (iii) Purchaser shall materially default in compliance with any
applicable environmental law or regulation, or shall otherwise default in the performance of any material covenant of this
Contract relating to environmental contamination, assessment or remediation, including but not limited to Paragraph 10 hereafter,
or (iv) a material spill, leak, or other release of hydrocarbons or other contamination occurs following the Closing Date which
makes Seller's remedial work significantly more difficult, or significantly increases the cost or extends the time to complete the
remedial wor!s, then Seller shall thereafter have no further responsibility to Purchaser, or to Purchaser's heirs, personal
1
representatives, grantees, successors and assigns, or to anyone claiming by, through or under Purchaser, for remediation of
any contamtination on the Procertv and all indemnity obligations of Seller shall end.
"-- excep as caused· by :Sl:! I 1er,
9. For the period of time commencing on the Closing Date, and ending on the Ending Date, Seller agrees to indemnify and hold
harmless Purchaser and Purchaser's heirs, legal representatives and successors ( collectively the "Indemnified Purchaser Parties"),
from and against all claims, demands, damages, losses, judgments, penalties and liabilities which arise as a result of any
enforcement action resulting from the presence of hydrocarbon contamination on the Property caused by Seller's use thereof prior
to the Closing Date; provided, however, that (i) Seller's indemnity shall be limited to remediation costs actually incurred by or
imposed upon Indemnified Purchaser Parties as a result of such enforcement action, (ii) Indemnified Purchaser Parties shall
promptly notify Seller and provide to Seller copies of all notices received by Indemnified Purchaser Parties pertaining to any such
enforcement action, and (iii) Indemnified Purchaser Parties shall incur no costs or expenses for remediation without the prior
written consent of Seller.
Page 2. Real Estate Contract F04' Purchaser ... Dated
(Surplus Property) City of Muskegon -
· 10. As of the Closing Date, Purchaser hereby expressly assumes all responsibility and liability for compliance with all
environmental laws and regulations and for any environmental assessment, inspection, monitoring and remediation relating to
or resulting from Purchaser's use of the Property. Purchaser shall, at Seller's request, provide to Seller assurance of compliance
with all environmental laws and regulations, including but not limited to the results of all future environmental tests, product inventory
data, tank gauging data, tank leak detection data and sampling data; shall promptly notify Seller of all leaks, spills or
releases of hydrocarbons or other regulated substances which occur or of which Purchaser becomes aware; and shall, at Seller's
request, permit Seller to perform product tracing and other reasonable tests and procedures during the period of any assessment
or remediation activities by Seller, it being the intent of the parties that Purchaser shall be res onsible and liable for an and all
spills leaks and releases which occur subsequent to the Closing Dal ommencmg on e osmg a e, urc aser agrees, xcept as
collectively, and Jointly and severally, for themselves and on behalf of their agents, employees, heirs, personal representatives, caused by
grantees, successors and assigns (collectively "Purchaser Indemnifying Parties"), to indemnify and hold harmless Seller, its
parent, affiliates, and each of their respective agents, employees, officers, directors, shareholders, successors and assigns Seller,
(collectively the "Indemnified Seller Parties") from and against all claims, demands, damages, losses, liabilities, judgments,
penalties, suits, actions, costs and expenses (includinq consultants' and attorne s' fees arisin from the resence of h drocarbon
or other contaminatiorfoccurring after the Closing Oat , provI e , owever, a rom an a er e n mg a e, urc aser except as
Indemnifying Parties shall indemnify and hold harmless the Indemnified Seller Parties from and against all claims, demands, caused by
damages, losses, judgments, penalties, suits, actions, costs and expenses (including consultants' and attorneys' fees) arising Se 11 er
from all contamination of the Property. except as caused by Seller.
*first
11. Seller reserves the right, for itself, its agents, employees, successors and assigns, to enter upon the Property, both before and
after the Closing Date, for the purpose of (i) engaging in environmental assessment, inspection, monitoring and remediation,
including but not limited to the installation of such facilities and the conduct of such activities as deemed necessary or advisable
by Seller, in its sole discretion, or as are required by governmental authorities having jurisdiction, for a period of time required to
comply with any applicable environmental laws or regulations affecting the Property, and (ii) removing from the Property any
property and equipment not sold hereunder. Seller shall not be liable for any damages to Purchaser, direct or indirect, resulting
from contamination of the Property existing on the Closing Date or for any interruption or interference with any business or
activities being conducted on the Property, or loss of opportunity, or any other loss, damage, cost or expense of any kind
whatsoever, caused by or resulting from the condition of the Property or the performance of any activities authorized herein;
provided, however, Seller shall use reasonable efforts to minimize such interruption or interference. Purchaser agrees to
cooperate fully with Seller in the performance of the activities authorized herein so as to minimize the time and expense to Seller,
including the granting of access to on-site utilities (e.g., electricity, sewer, and water), if required for such activities, and further
agrees that, during the period of any assessment or remediation activities by Seller, (i) no construction or improvements shall be
made upon the Property which would impede or restrict access to monitoring wells, remediation or monitoring equipment, or to
the hydrocarbon plume, or which would modify or affect the size, location or nature of the plume without the prior written consent
of Seller, which consent shall not be unreasonably withheld; and (ii) no gasoline, diesel fuel or other motor fuels shall be sold,
handled or stored on the Property.
12. As further consideration without which Seller would not have entered into this Contract, Purchaser agrees to execute and
deliver to Seller at closing the following documents: (i~ t11e Dill of Gale i11 tl,e fo1111 set fo1 u, i11 Exllibil 'W' a1111exed l1e1eto a11d
""""e a ~•rt ae,ool, an; (iil the Release and Right-of-Entry in the form set forth in Exhibit "C" attached hereto and made a part
hereof, each of said documents to be effective as of the Closing Date.
13. The Closing Date shall be fifteen (15) days after all conditions have been satisfied or waived, but not later than
Sixtv f60) davs.after
exec\Jtf on of tn, s Contrac, . Closing shall be effected through escrow with the title insurance company acting as
escrow agent for both parties. Seller shall deliver to the escrow agent its Special Warranty Deed, any other documents required
hereunder, and all customary documents required by the title company not inconsistent with this Contract. Purchaser shall
deliver to the escrow agent the balance of the purchase price in cash or certified funds, the Release and Right-of-Entry, any
other documents required hereunder, and all customary documents required by the title company not inconsistent with this
Contract. The escrow agent shall record the Special Warranty Deed and the Release and Right-of-Entry; shall deliver to Seller
its Settlement Statement, a cashier's check for the purchase price less Seller's expenses, and the recorded Release and
Right-of-Entry; and shall deliver to Purchaser its Settlement Statement, the recorded Special Warranty Deed and the owner's title
insurance policy. Seller shall pay the fees for recording the Release and Right-of-Entry and the title insurance premium.
Purchaser shall pay the fees for recording the Special Warranty Deed. Seller and Purchaser each agree to pay 50% of the
escrow fee.
14. Rents and other current charges, if any, shall be adjusted pro rata as of date of delivery of deed. General taxes for the year
of closing shall be prorated from January 1st to date of delivery of deed. If the amount of such taxes is not then ascertainable,
prorating shall be on the basis of the amount of the most recent ascertainable taxes. Purchaser agrees to pay any and all
Federal, State, and local real estate transfer taxes and documentary stamp taxes applicable to this transaction, and a present or
future retailer's occupation tax, sales, use, excise or similar tax applicable to the sale of goods, equipment or other personal
property covered by this Contract.
15. If, after the date of execution of this Contract and prior to closing, a casualty loss occurs that results in damage or
destruction such that greater than five (5) percent of the value of improvements and equipment are damaged or destroyed, then
either party shall have the right to terminate this Contract by notice to the other, in which case this Contract shall be deemed null
and void, the earnest money shall be returned to Purchaser, and neither Seller nor Purchaser shall have any further liability
under this Contract. Seller shall have no duty whatsoever to restore any improvements or equipment on the Property.
16. Seller and Purchaser each represent and warrant to the other that no brokers or finders have been involved in this
transaction, except Alliance Real ES!ate Seivices ( Realtor"), and that no
commissions or fees are due to any broker or to any other party with regard to this transaction, except as set forth in the
Commission Agreement labelled Exhibit "D" annexed hereto and made a part hereof. Seller and Purchaser each agree to
indemnify, defend and hold the other harmless from any claims, loss, damage, costs and expense arising from any breach
hereof by the indemnifying party.
Poge 3. Real Estate Contract FIX Pun::M:~ -·- [)atc,d
(Surplus Property) City of Muskegon -
17. (ai In the event of default hereunder by Purchaser prior to closing, Sellers remedies shall include, in addition to specific
performance and other remedies available at law or in equity, terminating this Contract upon written notice to Purchaser, in
which event Seller may retain the earnest money at Its option as liquidated damages, and Seller or Purchaser shall thereafter
have no further claim against or liability to the other and this Contract shall be inoperative and void.
(b)ln the event of default hereunder by Seller prior to closing, Purchasers remedies shall include, in addition to specific
performance and other remedies available at law or in equity, terminating this Contract upon written notice to Seller, in which
event Seller expressly agrees to refund to Purchaser the earnest money deposit, and Seller or Purchaser shall thereafter have
no further claim or liability against the other and this Contract shall be inoperative and void. -
18. All notices required or sent hereunder shall be in writing and delivered in person, by messenger or other express delivery
service, or by U.S. Mail Certified, Return Receipt Requested, to the address of the other party as set forth In the first paragraph
of this Contract, or to such other address as the parties may from time to time designate. A copy of any notice to Seller shall
also be sent to Amoco Oil Company, 200 East Randolph Drive, Chicago, Illinois 60601, Attention: Real Estate Administration.
Each such notice shall be deemed served and effective on the date of delivery or refusal, if delivered personally, on the date of
the delivery receipt, if delivered by messenger or express service, or the date of mailing shown on the certified mail receipt, if
delivered by certified mail.
19. Purchaser acknowledges that Seller has made no representations or warranties to Purchaser regarding (i) the economic
viability, profitability or business potential of the Property; (ii) the condition or suitability of any assets sold to Purchaser for
operating Purchasers business or for any other use; or (iii) the environmental condition or status of the Property.
20. This Contract*.!nd Exhibits ,J;r
through "D" annexed hereto contain the entire understanding and agreement between the
parties hereto relative to the subject matter hereof. No representations or statements, other than those expressly set forth
herein, were relied upon by the parties in entering into this Contract. No modification, waiver of, addition to, or deletion from
- the terms of this Contract shall be effective unless reduced to writing and signed by Seller and Purchaser, each of whom
expressly waives, releases and forever forswears any right under Michigan law which permits a contract,
1 1 1
!na~~ tl~7/~d~\rner'li1 ~ei1 YEirt~t~ineoJVliit~ /:H'JH~Rdl/g;,eto and • ,11ade a part hereof.
21. Any covenant or provision hereof which by Its nature requires observance or performance after the Closing Date shall survive
delivery of the deed and shall continue in full force and effect.
22. The provisions hereof shall inure to the benefit of and bind the parties hereto, their respective heirs, personal representatives,
successors and assigns. Purchaser shall not assign his rights under this Contract without the prior written approval of Seller.
23. It Is expressly understood and agreed that this Contract shall not be binding on Seller unless and until it is executed on behalf
of Seller by an authorized representative and a signed copy thereof Is delivered to Purchaser.
In Witness Whereof, the parties hereto have duly signed these presents the day and year first above written.
Witness: AMOCO OIL COMPANY, Seller
By
Taxpayer I.D. No. 36-2440313
Witness: PURCHASER
City of Muskegon • /
.Lo.~~~
Taxpayer I.D. No.
Page 4- Real Estate Contract F« Purchaser ... Dated
(Surplus Property) City of Muskegon -
Page I of2 Tenninal
1640 Lakeshore Drive
Muskegon, Michigan
ATIACHMENT #1
The land referred to in this. Commitment, situated in the County of Muskegon, City of Muskegon, State of
Michigan, is described as follows:
Block 587 of the Revised Plat of the City of Muskegon, according to the recorded plat thereof in Liber 3 of
Plats, Page 71, except that part lying Northeasterly of a line described as follows: Beginning at a point on the
Easterly line of said block, 225.7 feet Southwesterly of the Northeasterly corner of said block, thence North
50 degrees 15 minutes West 89.3 feet, thence Northeasterly 76 feet to the Westerly line of said block, and the
point of ending of said line.
ALSO
Blocks 588 through 593, inclusive, and that part of Block 594, if any, of The Revised Plat of the City of
Muskegon, according to the recorded plat thereof in Lib er 3 of Plats, Page 71, and all land lying Westerly of
Block 592, to Ruddiman Creek, and all land lying Northerly of Block 592, to the railroad right-of-way, that
lies East of a dividing line established by the instruments recorded in Lib er 40 of Miscellaneous Records, Page
110, and Liber 51 of Miscellaneous Records, Page 610, which line is described as follows:
Commence at the section corner common to Sections 25, 26, 35 and 36 in Township 10 North, Range 17 West,
thence South 52 degrees 11' West at an angle of 37 degrees 28' to the left from the section line between said
Sections 25 and 36 (extended West), a distance of 788 feet to a point which is the place of beginning of said
dividing line; thence North 26 degrees 43' West on and along said dividing line, the same being a straight line
~ing an angle of 78 degree 54' to the left from the last described course, to and into Muskegon Lake Channd.
EXCEPT that part of subject property, previously conveyed to the City of Muskegon and described as follows:
That part of Government Lot 1, Section 35, Town 10 North, Range 17 West, City of Muskegon, Muskegon
County, Michigan, lying between the Centerline ofRuddi.man Creek and the Southwesterly line of Block 592
of the Revised Plat of 1903 of the City of Muskegon, described as follows: Commencing at the North most
corner of Block 531 of said Revised Plat of 1903 of the City of Muskegon, said point being the Southwest
corner of Lake Shore Drive and Frisbie Street, thence North 25 degrees 05' West along the extension of the
Westerly line of said Frisbie Street 66.00 feet to the Northerly line of Lake Shore Drive, thence South 66
degrees 10' West along the Northerly line of lake Shore Drive 53.00 feet for point of beginning, thence North
39 degrees 20' West 69.53 feet, thence South 66 degrees 10' West 75 feet more or less to the Centerline of
Ruddiman Creek, thence Southerly along the center line of Ruddiman Creek 68 feet more or less to the
Northerly line of lake Shore Drive, thence North 66 degrees 10' East along said Northerly line 100 feet more
or less to point of beginning.
AND
Th:i.t part of Block 592 of the Revised PI,-t of 1903 of the City of Muskegon, Muskegon County, Michigan,
described as follows: Commening at the North most comer of Block 531 of said Rcvisedd Plat of 1903 ofthe
City of Muskegon said point being the Southwest corner of Lake Shore Drive and Frisbie Street, thence North
25 degrees 05' West ;long the extension of the Westerly line of said Frisbie Street 66.00 feet to the Northerly
Page2 of2 Terminal
1640 Lakeshore Drive
Muskegon, Michigan
Legal Description -(continued)
line of Lake Shore Drive, thence North 66 degrees 10' Ea.st along the Northerly line of Lake Shore l:>rive 68.55
feet for point of beginning, thence continue North 66 degrees 10' Ea.st along the Northerly line of Lake Shore
Drive 93.68 feet, thence North 44 degrees 27' East along the Northerly line of Lake Shore Drive 93.68, thence
South 55 degrees 18' 30" West 184.00 feet to the point of beginning.
LEGAL DESCRIPTION SUBJECT TO VERIFICATION BY SELLER
DECLARATION OF RESTRICTIVE COVENANT
(for "on-site" containment property)
This Restrictive Covenant will be recorded with Muskegon County Register of Deeds for the purpose of
protecting public health, safety and welfare and the environment.
Amoco Corporation has received notice of approval from the Michigan Department of Environmental
Quality (MDEQ) dated , for a Remedial Action Plan (RAP) that includes land use-based cleanup
criteria as defined and set forth in Section 20120a of Part 201 of the Natural Resources and
Environmental Protection Act (NREPA), 1994 PA 451, as amended, MCL 324.20101 et seq, for the
environmental remediation associated with the property located in the city of Muskegon, County of
Laketon, more particularly described as:
See Attachment for legal description of Properties
See Figure 11 for a survey of the property subject to land-use restrictions.
As used herein, the term "Owner" shall mean at any given time the then current title holder of the
Property.
NOW THEREFORE, BP Amoco Corporation, ( Mail Code 1902, 200 East Randolph Drive, Chicago,
Illinois 60601), pursuant to Section 20120b(4) ofNREPA and the Limited Land Use or Site-Specific,
Criteria-Based Remedy Agreement entered by and between Amoco Corporation and the MDEQ
(LANDUSE-ERD-98- (#)), hereby imposes restrictions on the Properties and covenants and agrees that:
I. The Owner shall restrict the uses of the Property to those uses compatible with the limited
allowable land use based on site specific risk assessment as contained in the RAP and other use
that is consistent with the assumptions and basis for the cleanup criteria established in the RAP
pursuant to Section 20120a(*). Cleanup criteria for land use-based remedial action plans are
located in the Government Documents section of the State of Michigan Library.
2. The Owner shall restrict activities at the Property that may interfere with a remedial action,
operation and maintenance, monitoring, or other measure necessary to assure the effectiveness
and integrity of the remedial action. The cleanup category proposed for this site is 'site specific'
as described in the RAP.
3. The Owner shall restrict activities at the Property that may result in exposures above levels
established in the RAP. These activities include:
• NO ADDITIONAL WATER WELLS MAY BE CONSTRUCTED AT THE
PROPERTY FOR EITHER POTABLE OR OTHER USE (EXCLUDING WELLS
RELATED TO ACTIVJTIES OUTLINED IN THE RESTRICTIVE COVENANT).
Page 2
• THE PROPERTY USE MUST REMAIN IN ACCORDANCE WITH THE
ALLOWABLE LANDUSE DESCRIPTIONS CONTAINED IN THE RAP AND
APPENDIX A OF THIS RAP.
• NO ACTIVITIES PROHIBITED BY OR HINDERING IMPLEMENTATION OR
MAINTENANCE OF ACTIONS PROPOSED IN THIS RESTRICTIVE COVENANT
SHALL BE PERFORMED. ADDITIONAL ASSESSMENT CAN BE CONDUCTED
AT THE CURRENT OWNERS EXPENSE TO DETERMINE IMPACT OF
PROPOSED ACTIVITIES.
• ANY ADDITIONS OR ALTERATIONS TO CURRENT BUILDINGS OR
STRUCTURES MUST FIRST BE ASSESSED FOR ENVIRONMENTAL IMPACT
AT THE EXPENSE OF THE OWNER AT THE TIME OF THE ADDITIONS OR
ALTERATIONS.
• PERMANENT MARKERS DEMARKING THE LAND USE RESTRICTED AREAS
OF THE PROPERTY SHALL BE MAINTAINED BY THE PROPERTY OWNER.
ANY ALTERATION TO THE PERMANENT MARKERS MUST FIRST BE
ASSESSED FOR ENVIRONMENTAL IMPACT AT THE EXPENSE OF THE
OWNERATTHE TIME OF THE ALTERATION.
• COSTS INCURRED FROM EXCAVATION, CHARACTERIZATION, AND
DISPOSAL OF SOILS OR GROUND WATER REMOVED FROM THE PROPERTY
AS A RESULT OF ADDITIONAL SITE CONSTRUCTION ACTIVITIES OR
IMPROVEMENTS BY OWNER WILL BE AT THE EXPENSE OF THE OWNER AT
THE TIME OF SOILS EXCAVATION OR GROUNDWATER REMOVAL.
• AMOCO AND IT'S REPRESENTATIVES RETAIN RIGHT OF ACCESS TO THE
PROPERTY TO CONDUCT ACTIVITIES OUTLINED RELATED TO THOSE
DESCRIBED IN THIS RESTRICTIVE COVENANT.
• THE SHORELINE OF MUSKEGON LAKE ALONG THE PROPERTY LINE MAY
BE RESTRICTED FOR SWIMMING OR ANY SUCH CONTACT WITH WATER
WHICH MAY CAUSE ACCIDENTAL INGESTION OF WATER.
• NO STRUCTURE WITH AN INDOOR AIR SPACE AND WITH A FLOOR WITH A
POSSIBILITY TO LET SOIL AIR INTO THE INDOOR AIR SPACE MAY BE
CONSTRUCTED IN THE PARTS OF THE PROPERTY MARKED AS RESTRICTED
AREAS REPRESENTED IN FIGURE 11.
• NO ACTIVITY WHICH MAY CAUSE CONTACT WITH SURFACE SOIL MAY BE
PERMITTED IN THE PART OF THE PROPERTY MARKED AS RESTRICTED IN
FIGURE 11.
• NO TRENCHING, EXCAVATION, OR UTILITY WORK MAY BE DONE IN THE
AREAS REPRESENTED AS RESTRICTED IN FIGURE 11.
Page 3
• FOR THE PURPOSES OF DETERMINING EXTENT OF ENVIRONMENTAL
IMPACT, IN THE EVENT TRENCHING OR EXCAVATION IS PERFORMED IN
THE AREAS IDENTIFIED AS RESTRICTED IN FIGURE 11, PROPER PERSONNEL
PROTECTIVE EQUIPMENT SHOULD BE USED. USAGE OF PERSONNEL
PROTECTIVE EQUIPMENT SHOULD BE IN COMPLIANCE WITH OSHA
REGULATIONS.
• ENVIRONMENTAL ASSESSMENT OF THE TERMINAL SHOULD BE
CONDUCTED, PRIOR TO PERFORMING ANY CONSTRUCTION AND/OR
DEVELOPMENT ACTIVITIES ON THE ENTIRE TERMINAL.
• AS SITE CONDITIONS CHANGE WITH TIME, RISK ASSESSMENT MAY BE
CONDUCTED AT ANY FUTURE TIME TO REMOVE ONE OR MORE OF THE
RESTRICTIONS LISTED IN THIS DOCUMENT WITH APPROVAL FROM THE
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY.
4. The Owner shall provide notice to the MDEQ of the Owner's intent to convey any interest in the
Facility 14 days prior to consummating the conveyance. A conveyance of title, an easement, or
other interest in the Property shall not be consummated by the Property owner without adequate
and complete provision for compliance with the terms and conditions of this Covenant.
5. The Owner shall grant to the MDEQ and its designated representatives the right to enter the
Property at reasonable times for the purpose of determining and monitoring compliance with the
RAP, including the right to take samples, inspect the operation of the remedial action measures
and inspect records.
The state may enforce the restrictions set forth in this Restrictive Covenant by legal action in a court of
appropriate jurisdiction.
This Restrictive Covenant shall run with the Property and shall be binding upon all future owners,
successors, lessees or assigns and their authorized agents, employees, or persons acting under their
direction and control, and shall continue until the MDEQ or its successor approves modifications or
rescission of this Restrictive Covenant. A copy of this Restrictive Covenant shall be provided to all
future owners, heirs, successors, lessees, assigns and transferees by the person transferring the interest.
If any provision of this Restrictive Covenant is held to be invalid by any court of competent jurisdiction,
the invalidity of such provision shall not affect the validity of any other provisions hereof. All such other
provisions shall continue unimpaired in full force and effect.
The undersigned person executing this Restrictive Covenant is the Owner, or has the express written
permission of the Owner, and represents and certifies that he or she is duly authorized and has been
empowered to execute and deliver this Restrictive Covenant.
IN WITNESS WHEREOF, the said Owner of the above described Property has caused this Restrictive
Covenant to be executed on this ___ day of _ _ _ _ _ _ , 19 __ .
Page 4
By:
M. E. McDenned
Title: _ _ _ _ _ _ _ _ _ _ _ __
Manager, Real Estate Administration
Signed in the presence of:
Witness (print/type name) Witness (print/type name)
STATE OF ILLINOIS
COUNTY OF COOK
The foregoing instrument was acknowledged before me this _ day of ______ , 19 _ , by
(Name of Officer/Agent), (Title of Officer/Agent), of Amoco Corporation a Maryland Corporation, on
behalf of the corporation.
Notary Public
My Commission Expires:. _ _ _ _ _ _ _ _ __
Prepared by: Delta Environmental Consultants, Inc. Attention: M.E. McDermed
39303 Country Club Drive, Suite A-50 Manager Real Estate Administration
Farmington Hills, Michigan 48331 BP Amoco Corporation
Mail Code 1902
200 East Randolph Drive
Chicago, Illinois 60601
SS# Temtlnal
1640 Lakeshore Drive, Muskegon, Michigan
Amendment Of Real Estate Contract
26-881 (3-94)E
THIS AMENDMENT is hereby made a part of the annexed Real Estate Contract, dated the 25th day of
January 2000 , between AMOCO OIL COMPANY, a Maryland corporation, therein
and herein called Seller,
and Cily of Muskegon , therein and herein called Purchaser (the "Contract').
WITNESSETH, that the Contract 1s further subject to the following terms and conditions, to-wit:
1. Paragraph 8 of the Contract is hereby amended by adding thereto the following:
A For the purpose of this Paragraph 8, a material spill, leak or other release of hydrocarbons or other contamination which
occurs at the Property11following closing (a "subsequent release") and is not caused by Seller shall be designated as either a
"Superseding Release or a "Proportionate Release11 •
B. A "Superseding Release" shall mean a spill, leak or other release of hydrocarbons or other contamination occurring after
Closing at the Property, which is not due to any negligence or other wrongful conduct by Seller in performing remediation, and
which renders superfluous any continuing corrective action or remediation efforts by Seller. For the purpose of this
Paragraph 8, !the corrective action or remediation efforts of Seller shall be deemed to have been rendered superfluous in
circumstances which include, but are not limited to the following: (i) if a subsequent release significantly increases the cost to
Seller or significantly extends the time required to perform the corrective action or remediation work, or (ii) if Seller has attained
levels of residual contamination approved by or meeting the criteria of the governmental agency having jurisdiction for a
"monitor only" course of remedial action before the occurrence of a subsequent release. Upon the occurrence of a Superseding
Release, (I) Seller shall have no further responsibility to Purchaser for corrective action or remediation of any contamination of
property impacted by the Superseding Release; (ii) any indemnity obligation of Seller with regard to contamination of property
impacted by the Superseding Release shall end; and (iii) Purchaser Indemnifying Parties shall thereafter indemnify and hold
Indemnified Seller Parties harmless from and against all claims, demands, damages, losses, liabilities, judgments, penalties,
suits, actions, cost and expenses (including consultants' and attorneys' fees) from all contamination or alleged contamination
of the Property.
C. A "Proportionate Release" shall mean any spill, leak or release of hydrocarbons or other contamination occurring after
Closing at the Property, which is not due to any negligence or other wrongful conduct by Seller in performing remediation, and
which is not a Superseding Release. For the purpose of this Paragraph 8, a subsequent release shall be a Proportionate
Release in circumstances which include, but are not limited to the following: (i) if such subsequent release is in a location
physically removed from any area in which Seller is engaged in remediation work and such subsequent release does not
significantly increase the quantity or extent of the existing contamination to which Seller's remediation work is directed, or (ii)
if such subsequent release does not significantly increase the cost to Seller or significantly extend the time required to perform
the corrective action or remediation work. Upon the occurrence of a Proportionate Release, (i) Purchaser shall be solely
responsible for all assessment, corrective action, remediation and monitoring activities necessary to address such subsequent
release in accordance with the requirements of the governmental agencies having jurisdiction, (ii) Seller shall remain responsible
for continuing corrective action and remediation work to address contamination caused by Seller provided, however, that Seller's
continuing obligations shall be limited to the cost to attain levels of contamination necessary to obtain approval of the
governmental agency having jurisdiction for a "monitor only'' course of remedial action, absent such subsequent release; and
(iii) the parties agree to cooperate with each other and to coordinate corrective action and remediation work in order to minimize
the time and expense to both parties in performing such activities.
D. In the event the parties cannot determine and agree whether a material default by Purchaser has occurred under Paragraph
8 (i) or whether a subsequent release is a Superseding Release or a Proportionate Release, or in the event the parties cannot
determine and agree how to split or coordinate corrective action or remediation work and/or costs, or otherwise resolve
differences involving a Proportionate Release, then such matters shall be submitted to arbitration in accordance with the
Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with such
rules. The decision of the arbitrator shall be final, and judgment may be entered upon it in any court having jurisdiction.
2. Paragraph 9 of the Contract is hereby amended by adding thereto the following:
In addition, for the period of time commencing on the Closing Date and ending 1O years thereafter, Seller shall indemnify and
hold harmless the Indemnified Purchaser Parties against claims and demands made by a private third party unrelated to
Purchaser arising solely out of or pertaining solely to the presence of hydrocarbon contamination originating on the Property
caused by Seller's use thereof prior to the Closing Date wh.ich has emanated from the Property and purportedly caused damage
to the claiming third party (''Third Party Claims"); provided, however, Seller's indemnity regarding such Third Party Claims shall
be limited as follows:
A. Indemnified Purchaser Parties shall provide to Seller written notice of such Third Party Claim no later than 60 days after
Indemnified Purchaser Parties receive notice of the claim or demand made by the third party on an Indemnified Purchaser Party.
Failure to provide such notice shall terminate any obligation of Seller to provide indemnity to the Indemnified Purchaser Parties
with regard to such claim.
B. At the time that notice is provided to Seller as set forth in Subparagraph 2(A), Indemnified Purchaser Parties shall tender
defense of such claim to Seller and shall provide Seller with copies of all documents and information in the possession of
Indemnified Purchaser Parties that pertain or relate to such claim; provided, however, Indemnified Purchaser Parties at their sole
cost and expense shall have the right to employ their own counsel in defense of any such claim. Indemnified Purchaser Parties
shall continue to cooperate with Seller in the defense of such claim until such time as the claim is resolved or otherwise disposed
of to the satisfaction of Seller.
C. Indemnified Purchaser Parties shall incur no costs or expenses in relation to such Third Party Claim without the prior written
consent of Seller, and any costs or expenses so incurred without such prior written consent shall not be covered by Seller's
indemnity.
3. Paragraph 1O of the Contract is hereby amended by adding thereto the following:
Nothing in this Paragraph 10 shall be construed to obligate Purchaser Indemnifying Parties to indemnify Indemnified Seller
Parties against Third Party Claims.
4. In the event of any inconsistency between the Contract and this Amendment, this Amendment shall prevail and control.
IN WITNESS WHEREOF, the parties hereto have duly signed these presents the day and year first above written.
WITNESS: AMOCO OIL COMPANY
By:
WITNESS: PURCHASER
&J~~
Taxpayer I.D. No.
Page 2 - Amendment of Real Estate Contract
For Pulci\Her ... Dated
City of Muskegon -
Page: 1 of 8 SS# 412
Amoco Oil Company
Muskegon Terminal
EXHIBITB
Environmental assessments, reports, correspondence:
MISCELLANEOUS CORRESPONDENCE:
1. Amoco Corporation - Environmental Management Responsibilities Transfer Letter - Amoco Service
Station #00412 - May 7, 1996
2. MDEO Letter - Amoco Oil Terminal, Site ID #610162, Muskegon County - Notification Letter
identifyiog site as beiog environmentally contaminated per the MERA - November 8, 1994
3. Dell Engineeriog, Inc. - Amoco Oil Company, Inactive Muskegon Terminal - Information io
Response to letter from MDNR -August 5, 1994
4. Dell Engioeeriog, Inc. - Inactive Amoco Terminal - Update on Recent Activities to MDNR -
Jul 5 1994
5. Dell Engioeeriog, Inc. - Expanded Product Recovery System Letter - April 14. 1994.
6. Dell Engineeriog, Inc. - Response to MDNR January 1994 Fioal Assessment Report Review - April
4 1994
7. MDNR - Comments and Recommendations to January 1994 Final Assessment Report - March 18,
1994
8. MDNR - SWOD Review of January 1994 Fioal Assessment Report - March 18, 1994
9. Dell Engineeriog, Inc. - Letter - Notification of pipe breakage io underground section between
recovery wells and treatment building - February 7, 1994
10. MDNR - Letter Accepting Conceptual modification to existing free product recovery system -
Janua 4 1994
11. MDNR - Amoco Oil Terminal Site ID #610162, Muskegon County Notification Letter identifying site
as being environmentally contamioated per the MERA- September 23, 1992
Page 2 of 8
12. Dell Engineering, Inc. - Closed Amoco Oil Company Muskegon Terminal Letter Addressing
Comments ofMDNR Letter- June 23 1992
13. MDNR - Comments to "Status Letter and Proposed Additional Assessment Work, March 19, 1992" -
Ma 19 1992
14. Dell Engineering Inc. - Remediation System Evaluation Letter - July 21, 1992
NPDES
1. MDNR - Revised Draft Permit - Letterand Permit - April 17. 1998
2. MDNR - Fax - Revised Draft Permit - Letter and Permit - April 20, 1998
3. Delta Environmental Consultants, Inc. - Summary Letter of March 10, 1998 Conversation -
March 18 1998
4. MDEO -Annual EPA NPDES DMR Forms #3320-1 - June I, 1996
5. MDEO - NPDES Permit Public Notice - May 22, 1998
6. MDEO - Draft NPDES Permit and Public Notice - February 18. 1998
7. MDEO-AnnualEPANPDESDMRForms#3320-1-June 10, 1997
8. Delta Environmental Consultants, Inc. - NPDES Permit Reissue Request - March 28, 1997
9. MDEO - Discharge Water Treatment Additives Approval Process - March 17, 1997
10. MDEO - Reissuance of Certificate of Coverage - December 6, 1996
1 I. MDNR - Review of Application Letter - August 31, 1994
Page 3 of 8
12. Dell Engineering, Inc. - Amoco Muskegon Terminal, NPDES Discharge Permit - Operate the
groundwater remediation system for trial period of two to four weeks - November 13, 1995
13. MDEO - Amoco Oil Company - NPDES Permit No. MI0054208 - October 19 1995
14. MDNR - Public Notice - Issue New Discharge Permit to Amoco Oil Company - August 25, 1995
15. Dell Engineering, Inc. - Draft NPDES Permit No. MI0054208 - February 21, 1995
16. Dell Engineering, Inc. - Draft NPDES Permit No. MI0054208 -February 13, 1995
17. MDNR - NPDES Draft Permit and Public Notice - January 26, 1995
18. Dell Engineering, Inc. - NPDES Wastewater Discharge Application - November 15, 1994
19. Dell Engineering, Inc. - NPDES Wastewater Discharge Application - May 26, 1994
20. Dell Engineering, Inc. - Notification of Unusual condition affecting the Operation of the Granular
Activated Carbon (GAC) Treatment System- February 4, 1994
21. MDNR- Certificate of Coverage MIG990171 -January 24, 1994
22. MDNR - NPDES Application MIG990171 - January 6, 1994
23. Dell Engineering, Inc. - Submittal for Increased Use to Current NPDES Surface Water Discharge
Permit !No. MI0047040) - November 22, 1993
24. Dell Engineering, Inc. -Transmittal - Designation of Certified Operators - October 28, 1993
25. MDNR- NPDES Permit Application- MI0047040 - October 13, 1992
Page 4 of 8
26. Dell Engineering. Inc. - Transmittal - Reissuance of the NPDES Permit No. MI0047040 - July 23,
1992
DISCHARGE MONITORING REPORT/LETTERS
I. Delta Environmental Consultants, Inc. - Discharge Monitoring Report for May, 1998 - June 2, 1998
2. Delta Environmental Consultants, Inc. - Discharge Monitoring Report for April, 1998 - May 2, 1998
3. Delta Environmental Consultants, Inc. - Discharge Monitoring Report for March, 1998 -April I, 1998
4. Delta Environmental Consultants, Inc. - Discharge Monitoring Report for February, 1998 -
March 3 1998
5. Delta Environmental Consultants, Inc. - Discharge Monitoring Report for January, 1998 -
Februa 4 1998
6. Delta Environmental Consultants Inc. - Discharge Monitoring Report for December, 1997 -
Janua 6 1998
7. Delta Environmental Consultants, Inc. - Discharge Monitoring Report for November. 1997 -
December 8 1997
8. Delta Environmental Consultants, Inc. - Discharge Monitoring Report for October, 1997 -
November 7 1997
9. Delta Environmental Consultants, Inc. - Discharge Monitoring Report for September, 1997 -
October 6 1997
10. Delta Environmental Consultants, Inc. - Discharge Monitoring Report for August, 1997 -
Se tember 4 1997
11. Delta Environmental Consultants Inc. - Discharge Monitoring Report for July, 1997- August 5, 1997
12. Delta Environmental Consultants, Inc. - Discharge Monitoring Report for March, 1997 - April 2. 1997
13. Dell Engineering, Inc. - Discharge Monitoring Report for December 1995 - January I 0, 1996
Page 5 of 8
14. MDNR - DMR Incomplete Notification for May 1994 - June 24. 1994
AIR PERMIT CORRESPONDENCE
I. Delta Envirorunental Consultants, Inc. - Quarterly Report - Permit to Install No. 78-94 - April I, 1998
2. Delta Envirorunental Consultants, Inc. - Quarterly Report - Permit to Install No. 78-94 - October 6,
1997
3. Delta Envirorunental Consultants, Inc. - Quarterly Report- Permit to Install No. 78-94 - February 10,
1997
4. Delta Envirorunental Consultants, Inc. - Quarterly Report - Permit to Install No. 78-94 - January 6,
1997
5. Dell Engineering. Inc. - Quarterly Report- Permit to Install No. 78-94 - July 9, 1996
6. MDNR - Application for Permit to Install for an Air Stripper No. 78-94 Approval Letter - May 6, 1994
7. Dell Engineering, Inc. - Confinnation to Verbal Application Approval - May 3, 1994
8. MDNR - Notification of Air Use Permit Application Received - March I, 1994
9. Dell Engineering, Inc. - Air Use Permit Request Package - February 15, 1994
REPORTS
I. Delta Envirorunental Consultants, Inc. - Status Report - February 23, 1998
2. Delta Envirorunental Consultants, Inc. - Status Report - June 27, 1997
3. Dell Engineering, Inc. - Status Report -August 14, 1995
Page 6 of 8
4. Dell Engineering, Inc. - Status Report - July 19, 1995
5. Dell Engineering Inc. - Status Report - June 8, 1995
6. Dell Engineering, Inc. - Status Report - May 9, 1995
7. Dell Engineering. Inc. - Status Report - April 17, 1995
8. Dell Engineering, Inc. - Status Report - March 9, 1995
9. Dell Engineering, Inc. - Status Report - February 13, 1995
10. Dell Engineering, Inc. - Status Report- January 12, 1995
11. Dell Engineering, Inc. - Status Report - December 7, 1994
12. Dell Engineering, Inc. - Status Report- November 7, 1994
13. Dell Engineering, Inc. - Status Report- October 12, 1994
14. Dell Engineering. Inc. - Status Report September 14, 1994
15. Dell Engineering, Inc. - Status Report - July 15, 1994
16. Dell Engineering, Inc. - Status Report- June 13, 1994
17. Dell Engineering, Inc. - Status Report - April 14. 1994
Page 7 of 8
18. Dell Engineering, Inc. - Status Report - March 8, 1994
19. Dell Engineering, Inc. - Status Report- February 10, 1994
20. Dell Engineering, Inc. - Status Report - January 12, 1994
21. Dell Engineering, Inc. - Status Report - December 14, 1993
22. Dell Engineering, Inc. - Status Report - November 5, 1993
23. Dell Engineering, Inc. - Status Report - October 15 1993
24. Dell Engineering, Inc. - Status Report - September 9 1993
25. Dell Engineering, Inc. - Status Report - August 5, 1993
26. Dell Engineering, Inc. - Status Report - July 12, 1993
27. Dell Engineering, Inc. - Status Report - June 7, 1993
28. Dell Engineering, Inc. - Status Report- May 12, 1993
29. Dell Engineering, Inc. - Status Report - April 9, 1993
30. Dell Engineering, Inc. - Status Report - March 15, 1993
3 I. Dell Engineering, Inc. - Status Report - February 12, 1993
Page 8 of 8
32. Dell Engineering. Inc. - Status Report - January 14 1993
33. Dell Engineering. Inc. - Status Report - December 7, 1992
34. Dell Engineering. Inc. - Status Report - November 9. 1992
35. Dell Engineering. Inc. - Status Report- October 16. 1992
36. Dell Engineering. Inc. - Status Report - August 31, 1992
37. Dell Engineering. Inc. - Status Report - August 6. 1992
38. Dell Engineering. Inc. - Status Report - July 20. 1992
39. Dell Engineering. Inc. - Status Report - June 12. 1992
40. Dell Engineering. Inc. - Work Plan for an Expanded Hydrogeologicai Investigation- April 1993
41. Fugro-McClelland Environmental. Inc. - Final Report - Hydrogeologic and Groundwater Quality
Investigation - December 3. 1992
42. Dell Engineering. Inc. - Final Assessment Report- January 17, 1994
Receipt of attached copies acknowledged by: By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Date:._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Exhiblt"C"
SS# Tenninal
.-.y.-., 1650 Lakeshore Drive, Muskegon, Michigan
AMOCO
!!!!!Illar
Release and Right-of-Entry
26-884-RRE (3-94) E
KNOW ALL MEN BY THESE PRESENTS THAT:
WHEREAS, AMOCO OIL COMPANY, a Maryland corporation ("Selle('), with offices at
200 East Randolph Drive, Chicago, Illinois 6060 I
and City of Muskegon ("Purchase('), whose address is
_ _ _ _ _ _ _ _ _ _ _ __,9c,3e:3c.T"e"'rra""'ce"'-'S"'tree""'"'t,._,M=u,,,ske,e,,,g,,,o,,n~,Mi=·c,ehe,i,,g,eane!.__ _ _ _ _ _ _ _ _ _ _ entered into a
Real Estate Sales Contract and Addendum to Real Estate Sale Contract dated January 25, 2000 , (the
"Contract"), covering certain real estate and the Improvements thereon described as set forth in Attachment #1 annexed hereto
and made a part hereof (the "Property'');
ANO WHEREAS, Seller has agreed to sell and assign and Purchaser has agreed to purchase and accept the Property "as is"
In Its present condition without any representations or warranties regarding its fitness for any purpose;
ANO WHEREAS, Seller has provided to Purchaser a copy of the environmental assessment performed by or at the request of
Seller, as set forth in the Contract;
ANO WHEREAS, Seller has further provided to Purchaser access to and the opportunity to inspect the Property and to perform
such soil, groundwater or other tests upon the Property as Purchaser deemed necessary or appropriate;
AND WHEREAS, Seller has agreed to perform certain environmental assessment, monitoring and remediation measures
pursuant to the Contract to address hydrocarbon contamination, if any, of the Property resulting from Selle(s use prior to the
date of transfer of title, and Purchaser has agreed to assume all responsibility and liability for any and all hydrocarbons or
other contaminants or regulated substances which occur after the date of transfer of title;
AND WHEREAS, Purchaser and Seller desire to provide a continuing right of access to the Property to allow Seller to perform
assessment, monitoring and remediation measures after conveyance of the Property;
NOW, THEREFORE, in consideration of the mutual covenants of the parties herein and as set forth in the Contract, the terms
of which are by this reference incorporated In full herein:
1. For the period of time ending upon the expiration of the petroleum restriction set forth in the deed from Seller to Purchaser, or
at such sooner time as is (i) no further remediation activities are re uired from Seller by the
Michi an De artment of Environmental ali (the "Department");
or (11) any gasoline, diesel fuel, kerosene, benzo, naphtha or any fuel used for internal combustion engines is sold, handled or
stored on the Property; or (iii) Purchaser shall materially default in compliance with any applicable environmental laws or
regulations, or shall otherwise default in the performance of any material covenant in the Contract relating to environmental
contamination, assessment or remediation; or (iv) a material spill, leak or other release of hydrocarbons or other contamination not caused
occurs following the date of transfer of title which makes Selle(s remedial work significantly more difficult, or significantly · b Se 11 er
increases the cost or extends the time to complete the remedial work (the "Ending Date"l• Seller a~rees to indemnify and hold
harmless Purchaser and Purchase(s heirs, legal representatives and successors (callee ively the' Indemnified Purchaser
Parties"), from and against all claims, demands, damages, losses, judgments, penalties and liabilities which arise as a result of
any enforcement action arising from the presence of hydrocarbon contamination on the Property caused by Selle(s use thereof
prior to the date of transfer of title; provided, however, that (i) Selle(s indemnity shall be limited to remediation costs actually
incurred by or imposed upon Indemnified Purchaser Parties as a result of such enforcement action, (ii) Indemnified Purchaser
Parties shall promptly notify Seller and provide to Seller copies of all notices received by Indemnified Purchaser Parties
pertaining to any such enforcement action, and (iii) Indemnified Purchaser Parties shall incur no costs or expenses for
remediation without the prior written consent of Seller.
2. Pursuant to the Contract, as of the date of transfer of title, Purchaser expressly (i) assumed all responsibility and liability for
compliance with all environmental laws and regulations and for any environmental assessment, inspection, monitoring and
remediation relating to or resulting form Purchase(s use of the Property; (ii) agreed at Selle(s request, to provide to Seller
assurance of compliance with all environmental laws and regulations, including but not limited to the results of all future
environmental tests, product inventory data, tank gauging data, tank leak detection data and sampling data; (iii11,Jai!l.gr~dc,!t,!lo-,c::;:--:::;;::-:::::;--,
promptly notify Seller of all leaks, spills or releases of hydrocarbons or other regulated substances which occur or of which not caused
Purchaser becomes aware, and (iv) agreed permit Seller to perform product tracing and other reasonable tests and procedures by Se 11 er
during the period of any assessment or remediation activities by Seller, it being the intent of the parties that Pf:u!!;r~c:!Jhsa~se~r:...,,...,..,.,,_::.:;::::;:;:::;;:
shall be responsible and liable for any and all releases which occur subsequent to the date of transfer of title ommencmg on not caused
the date of transfer of title, the Purchaser, for themselves and on behalf of their agents, employees, heirs, personal by Se 11 er.
representatives, grantees, successors and assigns ( collectively the "Purchaser Indemnifying Parties") agree to indemnify and
hold harmless Seller, Its parent, affiliates and each of their respective agents, employees, officers, directors, shareholders,
successor and assigns (collectively the "Indemnified Seller Parties) from and against all claims, demands, damages, losses,
liabilities, judgments, penalties, suits, actions, costs and expenses (including consultants' and attorneys' fees) arising from the
presence of hydrocarbon or other contamination "occurring after the Closing Date; provided, however, that from and after the
Ending Date, the Purchaser Indemnifying Parties shall indemnify and hold harmless Indemnified Seller Parties from and against
all claims, demands, damages, losses, judgments, penalties, suits, actions'bco,;tfiind expenses (including consultants' and
attorneys' fees) arising from all contamination of the Property no causea Y Se er.
*first
3. Purchaser, collectively, and jointly and severally, for themselves and on behalf of Purchaser Indemnifying Parties, and all persons
claiming by, through or under Purchaser, hereby release and forever discharge Indemnified Seller Parties from all claims, demands,
losses, liabilities, judgments, penalties, suits, actions, costs and expenses whatsoever, that may now exist or hereafter accrue with
respect to contamination of the Property existing at the time of transfer of title or occurring after the date of transfer of title, but not,
except as hereinafter set forth, Seller's obligation to remediate hydrocarbon contamination of the Property resulting from Seller's use
of the Property prior to transfer of title; and further covenant and agree to forever refrain and desist from instituting or asserting
against the Indemnified Seller Parties, any claim, demand, action or suit whatsoever, either directly or indirectly, arising or resulting
from contamination or alleged contamination of the soil or groundwater of the Property, or from the environmental condition of the
Property, except to enforce the remediation provisions of the Contract. ·
4. Purchaser hereby grants to Seller, its agents, employees, successors and assigns, the irrevocable right to enter upon the
Property, from and after the date of transfer of title, for the purpose of (i) engaging in environmental assessments, inspection and
remediation, including but not limited to the installation of such facilities and the conduct of such activities as deemed necessary or
advisable by Seller, in its sole discretion, or as are required by governmental authorities having jurisdiction, for a period of time
required to comply with any applicable environmental law or regulation affecting the Property and (ii) removing from the Property
any property and equipment not sold pursuant to the Contract. Seller shall not be liable for any damages to the Purchaser, direct
or indirect, resulting from contamination of the Property existing on the date of transfer of title, or for any interruption or interference
with any business or activities being conducted on the Property, or loss of opportunity, or any other loss, damage, costs or expense
of any kind whatsoever, caused by or resulting from the condition of the Property or the performance of any activities authorized
herein; provided, however, Seller shall use reasonable efforts to minimize such interruption or interference. Purchaser agrees to
cooperate fully with Seller in the performance of the activities authorized herein so as to minimize the time and expense to Seller,
including the grant of access to on-site utilities (e.g., electricity, sewer, and water), if required for such activities; and further agrees
that, during the period of any assessment or remediation activities by Seller (i) no construction or improvements shall be permitted
on the Property which would impede or restrict access to monitoring wells, remediation or monitoring equipment, or to the
hydrocarbon plume, or which would modify or affect the size, location or nature of the hydrocarbon plume, without the prior written
- consent of Seller, which consent shall not be unreasonably withheld; and (ii) no gasoline fuel or other motor fuels shall be sold,
handled or stored on the Property.
5. Purchaser warrants that no promise or inducement has been offered except as set forth herein; that this Release and
Right-of-Entry is executed by Purchaser without reliance upon any statement or representation by Seller, its agents or employees,
concerning the measure or extent of any contamination or the legal liability therefor; that Purchaser is of legal age, legally
competent to execute this Release and Right-of-Entry and accepts full responsibility therefor; that this Release and Right-of-Entry
contains the entire agreement between Purchaser and Seller with respect to this matter; and that the terms of this Release and
Right-of-Entry are contractual and not merely recital.
THIS RELEASE AND RIGHT-OF-ENTRY, and each of the covenants herein contained shall run with the land and be binding upon
the grantees, assigns and other successors in title or interest of Purchaser.
SIGNED AND SEALED this _ _ _ _ _.day of _ _ _ _ _ _ _ _ _ __
WITNESS: AMOCO OIL COMPANY
By _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
WITNESS: PURCHASER
'-1!,,!,_,I,l/ L',,
, ti
Taxpayer I.D. No.
Page 2 - Release and Right-of-Entry For Purchaser
(Exhibit "C") City of Muskegon
STATE OF ILLINOIS
COUNTY OF COOK
jss
Be it remembered that on this ____ day of - - - - - - - - - - - ~ _____ , before me, personally appeared
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _who is personally known to me to be the _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
of Amoco Oil Company, a Maryland corporation, and the same person who executed the foregoing instrument, and they duly
acknowledged the execution of the same for and on behalf of and as the act and deed of said corporation.
In witness whereof, I have hereunto set my hand and fixed my seal the day and year above written.
My commission expires o n - - - - - - - - - - ~ _ _ _ __
STATEOF jlJ✓°c,.h~Cf/J )
)SS
COUNTY OF //,41.S»~o,.., )
On this dJ'rA day of Ee 6, IA qr¼-
,:;-
, in the year ,JOO O , before me, a Notary Public in and for said
State, personally appeared /;c;} J I½ ;,,j,: ,,a, llly,w= q,,c/ {m,/ /ft;11J'rJ,efr, C;k,/personally known to me to be the
, j
persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacity, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons
acted, executed the instrument.
Witness my hand and official seal.
.t,·ndP, s.
My commission expires on --~..S..,,'e:a·,1,aL.Lr.s;;e.L.ma...../'.l.L,'.L.C.:...__a,9<.;s':,,,_
7
1 J?Oa ;l
I
Page 3. Release and Right-of-Entry For Purchaser
(Exhibit "C") City of Muskegon
Page I of2 Terminal
1640 Lakeshore Drive
Muskegon, Michigan
ATTACHMENT #1
The land referred to in this Commitment, situated in the County of Muskegon, City of Muskegon, State of
Michigan, is described as follows:
Block 587 of the Revised Plat of the City of Muskegon, according to the recorded plat thereof in Liber 3 of
Plats, Page 71, except that part lying Northeasterly of a line described as follows: Beginning at a point on the
Easterly line of said block, 225.7 feet Southwesterly of the Northeasterly corner of said block, thence North
50 degrees 15 minutes West 89.3 feet, thence Northeasterly 76 feet to the Westerly line of said block, md the
point of ending of said line.
ALSO
Blocks 588 through 593, inclusive, and that part of Block 594, if any, of The Revised Plat of the City of
Muskegon, according to the recorded plat thereof in Lib er 3 of Plats, P2ge 71, and all land lying Westerly of
Block 592, to Ruddiman Creek, and all land lying Northerly of Block 592, to the railroad right-of-way, that
lies East of a dividing line established by the instruments recorded in Liber 40 of Miscellaneous Records, Page
110, and Liber 51 of Miscellaneous Records, P~e 610, which line is described as follows:
Commence at the section corner common to Sections 25, 26, 35 and 36 in Township 10North, Range 17 West,
thence South 52 degrees 11' West at an angle of 37 degrees 28' to the left from the section line between said
Sections 25 and 36 (extended West), a distance of 788 feet to a point which is the place of beginning of said
dividing line; thence North 26 degrees 43' West on and along said dividing line, the same being a straight line
having an angle of 78 degree 54' to the left from the last described course, to and into Muskegon Lake Channel.
EXCEPT that part of subject property, previously conveyed to the City of Muskegon and described as follows:
That pm: of Government Lot 1, Section 35, Town 10 North, Range 17 WeSt, City of Muskegon, Muskegon
County, Michigan, lying between the Centerline ofRuddiman Creek and the Southwesterly line of Block 592
of the Revised Plat of 1903 of the City of Muskegon, described as follov,s: Commencing at the North most
corner of Block 531 of said Revised Plat of 1903 of the City of Muskegon, said point being the Southwest
corner of Lake Shore Drive and Frisbie Street, thence Nonh 25 degrees 05' West along the extension of the
Westerly line of said Frisbie Street 66.00 feet to the Northerly line of Lake Shore Drive, thence South 66
degrees 10' West along the Northerly line of Lake Shore Drive 53.00 feet for point of beginning, thence North
39 degrees 20' West 69.53 feet, thence South 66 degrees 10' West 75 feet more or less to the Centerline of
Ruddiman Creek, thence Southerly along the center line of Ruddiman Creek 68 feet more or less to the
Northerly line of Lake Shore Drive, thence North 66 degrees 10' East along said Northerly line 100 feet more
or less to point of beginning.
AND
That part of Block 592 of the Revised Plat of 1903 of the City of Muskegon, Muskegon County, Michigan,
described as follows: Commening at the North most corner of Block 531 of ,aid Revisedd Plo.t of 1903 of the
City of Muskegon said point being the Southv,est corner of Lake Shore Drive and Frisbie Street, thence North
25 degrees 05' West along the extension of the Westerly line of said Frisbie Street 66.00 feet to the Northerly
Page2 of2 Terminal
1640 Lakeshore Drive
Muskegon, Michigan
Legal Description -(continued)
line of Lake Shore Drive, thence North 66 degrees 10' East along the Northerly line of Lake Shore Drive 68.55
feet for point of beginning, thence continue North 66 degrees 10' East along the Northerly line of Lake Shore
Drive 93.68 feet, thence North 44 degrees 27' East along the Northerly line of Lake Shore Drive 93.68, thence
South 55 degrees 18' 30" Ww: 184.00 feet to the point of beginning.
LEGAL DESCRIPTION SUBJECT TO VERIFICATION BY SELLER
Terminal
1640 Lakeshore Drive
Muskegon,MI
EXHIBIT "D"
COMMISSION AGREEMENT
AMOCO OIL COMPANY (hereinafter "Amoco"), with offices at 200 East Randolph
Drive, Chicago, IL 60601, hereby agrees to pay ALLIANCE REAL ESTATE SERVICES
(hereinafter "Broker"), with offices at 16950 Garfield, Suite 5A, Clinton Township, Michigan 48038
a commission of Forty Five Thousand and No/100 Dollars ($45,000.00) on the sale of$450,000.00,
of property located at I 640 Lakeshore Drive, Muskegon, Michigan, as more particularly described in
the Real Estate Contract thereto of even date herewith.
Said commission shall be due and payable upon, and only upon, consummation of the Sale
upon the terms of the Real Estate Contract between Amoco and Purchaser of even date herewith. In
consideration of Amoco signing the aforesaid Real Estate Contract as Seller and Broker hereby
agree:
( 1) That with regard to Amoco's liability to Broker for said real estate commission,
Amoco has only conditionally accepted the Purchaser, subject to consummation of
the Sale pursuant to the Real Estate Contract.
(2) That if the sale does not close for any reason, no commission will be due or payable
to Broker.
(3) That no claim for any fee or expense shall be made by Broker.
(4) That Amoco shall have no duty to sue the Purchaser to enforce performance of said
Real Estate Contract.
(5) This Commission Agreement shall be in lieu of any other agreement between Amoco
and Broker.
IN WITNESS WHEREOF, the parties hereto have duly executed this Commission
Agreement this _ _ _ day of _ _ _ _ _ _ _ _ ___, 19_.
AMOCO OIL COMPANY ALLIANCE REAL ESTATE SERVICES
By: _ _ _ _ _ _ __ By: _ _ _ _ _ _ _ _ __
Dan Schornak
DECLARATION OF RESTRICTIVE COVENANT
(for "on-site" containment property)
This Restrictive Covenant will be recorded with Muskegon County Register of Deeds for the purpose of
protecting public health, safety and welfare and the environment.
BP Amoco Corporation has applied for approval from the Michigan Department of Environmental
Quality (MDEQ) of a Remedial Action Plan (RAP) that includes land use-based cleanup criteria as
defined and set forth in Section 20120a(g) of Part 201 of the Natural Resources and Environmental
Protection Act (NREPA), 1994 PA 451, as amended, MCL 324.20101 et seq, for the environmental
remediation associated with the property located in the city of Muskegon, County of Muskegon, more
particularly described as:
See Attachment for legal description of the Property.
See the attached figure for a map of the property subject to land-use restrictions.
As used herein, the term "Owner" shall mean at any given time the then current title holder of the
Property.
NOW THEREFORE, BP Amoco Corporation, ( Mail Code 1902, 200 East Randolph Drive, Chicago,
Illinois 60601), pursuant to Section 20120b(4) ofNREPA and the Limited Commercial IV Criteria-Based
Remedy Agreement entered by and between Amoco Corporation and the MDEQ (LANDUSE-ERD-98-
(#)), hereby imposes restrictions on the Properties and covenants and agrees that:
I. The Owner shall restrict the uses of the Property to those uses compatible with the limited
allowable land use based on site specific risk assessment as contained in the RAP and other use
that is consistent with the assumptions and basis for the cleanup criteria established in the RAP
pursuant to Section 20120a(l). Cleanup criteria for land use-based remedial action plans are
located in the Government Documents section of the State of Michigan Library.
2. The Owner shall restrict activities at the Property that may interfere with a remedial action,
operation and maintenance, monitoring, or other measure necessary to assure the effectiveness
and integrity of the remedial action. The cleanup category proposed for this site is 'site specific'
as described in the RAP.
3. The Owner shall restrict activities at the Property that may result in exposures above levels
established in the RAP. These activities include:
• NO ADDITIONAL WATER WELLS MAY BE CONSTRUCTED AT THE
PROPERTY FOR EITHER POTABLE OR OTHER USE (EXCLUDING WELLS
RELATED TO ACTIVITIES OUTLINED IN THE RESTRICTIVE COVENANT).
Page2
+ THE PROPERTY USE MUST REMAIN IN ACCORDANCE WITH THE
ALLOWABLE LANDUSE DESCRIPTIONS CONTAINED IN THE RAP AND
APPENDIX A OF THE RAP.
+ NO ACTIVITIES PROHIBITED BY OR HINDERING IMPLEMENTATION OR
MAINTENANCE OF ACTIONS PROPOSED IN THIS RESTRICTIVE COVENANT
SHALL BE PERFORMED. ADDITIONAL ASSESSMENT CAN BE CONDUCTED
AT THE CURRENT OWNERS EXPENSE TO DETERMINE IMPACT OF
PROPOSED ACTIVITIES.
+ ANY ADDITIONS OR ALTERATIONS TO CURRENT BUILDINGS OR
STRUCTURES MUST FIRST BE ASSESSED FOR ENVIRONMENTAL IMPACT
AT THE EXPENSE OF THE BUILDING OWNER AND OCCUPANT AT THE TIME
OF THE ADDITIONS OR ALTERATIONS.
+ PERMANENT MARKERS DEMARKING THE LAND USE RESTRICTED AREAS
OF THE PROPERTY SHALL BE MAINTAINED BY THE PROPERTY OWNER.
ANY ALTERATION TO THE PERMANENT MARKERS MUST FIRST BE
ASSESSED FOR ENVIRONMENTAL IMPACT AT THE EXPENSE OF THE
OWNER AT THE TIME OF THE ALTERATION.
+ COSTS INCURRED FROM EXCAVATION, CHARACTERIZATION, AND
DISPOSAL OF SOILS OR GROUND WATER REMOVED FROM THE PROPERTY
AS A RESULT OF ADDITIONAL SITE CONSTRUCTION ACTIVITIES OR
IMPROVEMENTS BY OWNER WILL BE AT THE EXPENSE OF THE OWNER AT
THE TIME OF SOILS EXCAVATION OR GROUND WATER REMOVAL.
+ AMOCO AND IT'S REPRESENTATIVES RETAIN RIGHT OF ACCESS TO THE
PROPERTY TO CONDUCT ACTIVITIES OUTLINED RELATED TO THOSE
DESCRIBED IN THIS RESTRICTIVE COVENANT.
+ THE SHORELINE OF MUSKEGON LAKE ALONG THE PROPERTY LINE IS
RESTRICTED FOR SWIMMING OR ANY SUCH CONTACT WITH WATER
WHICH MAY CAUSE ACCIDENTAL INGESTION OF WATER.
• NO STRUCTURE WITH AN INDOOR AIR SPACE AND WITH A FLOOR WITH A
POSSIBILITY TO LET SOIL AIR INTO THE INDOOR AIR SPACE MAY BE
CONSTRUCTED IN THE PARTS OF THE PROPERTY MARKED AS RESTRICTED
AREAS REPRESENTED IN THE ATTACHED FIGURE. NO STRUCTURES
WITHOUT VAPOR BARRIERS SHALL BE CONSTRUCTED ON THE PROPERTY
UNLESS IT CAN BE DOCUMENTED THROUGH ENVIRONMENTAL
ASSESSMENT THAT SOIL AND GROUNDWATER BENEATH THE BUILDING
ARE BELOW THE APPLICABLE MDEQ CRITERIA FOR VOLATILIZATION TO
INDOOR AIR'.
Page 3
+ NO ACTIVITY WHICH MAY CAUSE CONTACT WITH SURFACE SOIL MAY BE
PERMITTED IN THE PART OF THE PROPERTY MARKED AS RESTRICTED IN
THE ATTACHED FIGURE.
+ NO TRENCHING, EXCAVATION, OR UTILITY WORK MAY BE DONE IN THE
AREAS REPRESENTED AS RESTRICTED IN THE ATTACHED FIGURE.
• FOR THE PURPOSES OF DETERMINING EXTENT OF ENVIRONMENTAL
IMPACT, IN THE EVENT TRENCHING OR EXCAVATION IS PERFORMED IN
THE AREAS IDENTIFIED AS RESTRICTED IN THE ATTACHED FIGURE,
PROPER PERSONNEL PROTECTIVE EQUIPMENT SHOULD BE USED. USAGE
OF PERSONNEL PROTECTIVE EQUIPMENT SHOULD BE IN COMPLIANCE
WITH OSHA REGULATIONS.
• ENVIRONMENTAL ASSESSMENT OF THE TERMINAL SHOULD BE
CONDUCTED, PRIOR TO PERFORMING ANY CONSTRUCTION AND/OR
DEVELOPMENT ACTIVITIES ON THE ENTIRE TERMINAL.
• AS SITE CONDITIONS CHANGE WITH TIME, RISK ASSESSMENT MAY BE
CONDUCTED AT ANY FUTURE TIME TO REMOVE ONE OR MORE OF THE
RESTRICTIONS LISTED IN THIS DOCUMENT WITH APPROVAL FROM THE
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY.
• CURRENTLY EXISTING BUILDINGS ON THE SITE MUST NOT BE USED FOR
HUMAN HABITATION W/O PROPER ENGINEERING CONTROL TO ENSURE
THAT THE INDOOR AIR IS PROTECTED FROM SOIL AND GROUNDWATER
VOLATILIZATION INTO THE INDOOR AIR OF THOSE BUILDINGS.
• THE OWNER SHALL RESTRICT THE MOVEMENT OF ALL SURF ACE AND
SUBSURFACE SOILS LOCATED ON THE PROPERTY IN ACCORDANCE WITH
THE REQUIRED 20120c OF THE NREPA AND OTHER APPLICABLE FEDERAL
AND STATE LAWS.
• A PROTECTIVE COVER MUST BE MAINTAINED ON THE STAINED
ARENAREAS OF THE SITE TO PREVENT INHALATION OF PARTICULATES
FROM THOSE AREAS.
4. The Owner shall provide notice to the MDEQ of the Owner's intent to convey any interest in the
Facility 14 days prior to consummating the conveyance. A conveyance of title, an easement, or
other interest in the Property shall not be consummated by the Property owner without adequate
and complete provision for compliance with the terms and conditions of this Covenant.
5. The Owner shall grant to the MDEQ and its designated representatives the right to enter the
Property at reasonable times for the purpose of determining and monitoring compliance with the
RAP, including the right to take samples, inspect the operation of the remedial action measures
and inspect records.
Page4
The state may enforce the restrictions set forth in this Restrictive Covenant by legal action in a court of
appropriate jurisdiction.
This Restrictive Covenant shall run with the Property and shall be binding upon all future owners,
successors, lessees or assigns and their authorized agents, employees, or persons acting under their
direction and control, and shall continue until the MDEQ or its successor approves modifications or
rescission of this Restrictive Covenant. A copy of this Restrictive Covenant shall be provided to all
future owners, heirs, successors, lessees, assigns and transferees by the person transferring the interest.
If any provision of this Restrictive Covenant is held to be invalid by any court of competent jurisdiction,
the invalidity of such provision shall not affect the validity of any other provisions hereof. All such other
provisions shall continue unimpaired in full force and effect.
The undersigned person executing this Restrictive Covenant is the Owner, or has the express written
permission of the Owner, and represents and certifies that he or she is duly authorized and has been
empowered to execute and deliver this Restrictive Covenant.
IN WITNESS WHEREOF, the said Owner of the above described Property has caused this Restrictive
Covenant to be executed on this .::)6 day of v/[){Jj('JJ , 19 dOOO
~ ~
E~ ik"l5'
fl. e1:red-Vf'lt'\
;q 5: IM)¥n/!,y;,iF'<c/-
'C
Real Estate Manager
BP Amoco Corporation
Mail Code 1902
200 East Randolph Drive
Chicago, Illinois 60601
Witness (prikitype name)
H~1c-h.Q)r 8 UI Vl '::l
Page 5
STATE OF ILLINOIS
COUNTY OF COOK
The foregoing instrume~t was acknowledged b~fore me this .;;,3 day of /l)(Jg{!,/J , I ~ y
'tiob<?x:+-:(: (r\C\.\) r1Vl , file..\-
t,.\--\-c,,r 1112...y IV"\ ,
of Amoco Corporation a Maryland
Corpora · n, on behalf of the corporation.
,H_,WV,;w·v,;;;wvWW•W.MAAAII-,
My Commission Expires: \,-~Ir O') OFFICIAL SEAL
CYNTHIA ANN JUBITER
NOTAIIV PVllUC, STATE OF tLLlNOIS
Prepared by: Delta Environmental Consultants, Inc. MY coMMtSstON EXPIRES:,, ,2 7 /03
~ - · " ~- ..-....,._,....._,..,.._.,.,,,,.,n,_a1l-."'"-"~
39303 Country Club Drive, Suite A-50
Farmington Hills, Michigan 48331
~. ~
-- - -
~ llillli lliiiiiil
Legal Description - Amoco l\foskegon Terminal
~.-.' \
c' •
~ i.-;;i ~ ;I--':, ~ ~ ~
Land in the Ci1y of Muskegon, County of Muskegon. State ofMidiigan, describtd as follows:
Block 587 of the Revised Plat of the City of Muskegon, according to the recorded plat thereof in Liber 3
of !'lats, Page 71, except that pail lying Northeasterly of a line described as follows: Beginning at a point
on the Eastcdy line of ::.aid block, 225.7 focl SouLhwcsterly of the No1theastcrly corner of said block,
thence Norlh 50 degrees 15 minutes West 89.3 foct, thence Northeasterly 76 feet to lhe Westerly lint: of
said block, aml 1hc pumt of cndm~ of !:iaid line.
ALSO
Blocks 588 through 593, inclusive, and lhat part or Block 594, if any, of The Revised Plat of the City of
Mu~kcgun, according lo the recorded plal thereof Ill l.ibc, 3 of Plats, Page 71, and all I.ind lying Westerly '.
of Block 592, to Ruddiman C,eck, and all land lying Northerly of Block 592, to the railroad right-of-way,
that lies East of a dividing line established by lh1: instruments recorded in Liber 40 of Miscellaneous
fkcords, P.igt I 10, and L1bcc 51 of tv11secllancous Records, Page 610, which line is described as follows:
Commence al the scclmn comer common to Sections 25, 26, 35 and 36 in Town.ship 10 Nonh, Range 17
West, thence Soulh 52 dcgrccs 11' West at an angle of 37 degrees 28' to the h!fl. from the section line
between said Stctions 25 and 36 (extcndcd West), a distance of788 feet 10 a point which is tht place of
beginning of said dividing liw.:; thence North 26 degrees 43' West on and along said dividing line, the
same bemg a straight line having an angk of 78 degrees 54 • to Lhc lell from the last dtscribed course, to
and inlo Muskegon Lake Channel
EXCEPT that pari of suhject properly, previously conveyed to the City uf Mu.skegon and described as
folluw.s
That pan of Government l.01 I, See1ion 35, Town IO North, Range 17 Wesl, City of Muskegon,
Mu.skegon County, tvlichigan, lying between the Centerline of Rudlliman Cretk and the Soulhwcsterly
line of Block 592 of the Rcvi.sed Plat of 1903 of the City of MU!:ikegon, Uescribed as. follows:
Commencing at the Norih most corner of Block 531 of said Rtvised Plat of 1903 of tht: · City of
Jvtuskegon. said point bdng the Southwest corner of Lake Shore Drivt and Frisbie Street, thence Nonh
25 degrees 05' West along the cxlcmion of the We.sti:dy line of said Frisbie Slrect 66 00 feet to the
Nonhcrly lmi; uf Lake Shari; Drive, thi;nce South 66 degrees to' Wcsl .ilong lhi: Nuuhcdy line of Lakc
SJl{Jce Drive 53 00 foi:t for point ufbcginning, thence North 39 degree:, 20' Wcst 69.53 feet, thence South
66 degrees 10' West 75 feel more (lf lc.ss to the Centtrline of Ruddiman Creek, thence Southerly along
the center lmc of Ruddiman Creek 08 !Cc1 m,)rc or less 10 the Nunherly line of Lakc Shore Orive, thence
Nu11h l,li Jcgiccs 10' J'..i~t .iluu1:,s,uJ Nu1thc1ly lmc JOO ICct lllOIC u1 less Ill prnul o(hcg,mning
AND
That part of Block 592 of the Revised Plat of 1903 of the Cily of Muskegon, Muskegon County,
Jvt1cluga11 dc:;;crilicd as follows. Comua!ncing at lht Nonh most coiner of Block 531 of said Revised Plat
of 1903 of Lhe Ci Ly or Muskegon said point being the Southwest corner of Lake Shore Drive and Frisbie
Strctt, thcnct North 25 degrces 05' We.st along the extension of lht Wt::;;tcrly line of s.iid Frisbie StreCt
66 00 fret to the Northerly lme of l.akc Shore Drive, thence Nunh 66 dtgrees IO' East along the
Nunherly line ofl.akc ShorC !hive 68.55 feet for point ofbcginning, thence continut Nonh 66_ degrees
10' l'.'.ast along, lhc Nonhcrly ltuc of! .ake Shore Drive 93.68 feel, 1hcnee Nonh 44 degrees 27' East ulong
!he N()nl1erl} line uf Lake Shure l)nve 93.68, lhcnce South 55 dcgrccs 18' 30" We!.l 184 00 fcct to the
I
pumt ofhcginuing
I
\._ ··-···-,- -··-·--··-·· ·--··---------
Exhibit "C"
SS# Terminal
1650 Lakeshore Drive, Muskegon, Michigan
Release and Right-of-Entry
26-8&4-RRE (344) E
KNOW ALL MEN BY THESE PRESENTS THAT:
WHEREAS, AMOCO OIL COMPANY, a Maryland corporation ("Seller''), with offices at
200 East Randolph Drive. Chicago, Illinois 6060 I
and _ _ _ _ _ _ _ _ _ _ _C_1-·ty~of_M_u_s_k~eg~o_n_ _ _ _ _ _ _ _ _ _ ("Purchaser''), whose address is
_ _ _ _ _ _ _ _ _ _ _ ___,9"'3-"3~T,._,e,,_rra=c:::e_,S'-'tr'-'ee=t,_,M=u"'sk,,e,,g"on"'''-'Mi=·c"'h""i"ga"'n'------------- entered into a
Real Estate Sales Contract and Addendum to Real Estate Sale Contract dated ~--~~-=---~--· (the
"Contract''), covering certain real estate and the improvements thereon described as set forth in Attachment #1 annexed hereto
and made a part hereof (the "Property'');
- AND WHEREAS. Seller has agreed to sell and assign and Purchaser has agreed to purchase and accept the Property "as is"
in its present condition without any representations or warranties regarding its fitness for any purpose;
AND WHEREAS, Seller has provided to Purchaser a copy of the environmental assessment performed by or at the request of
Seller, as set forth in the Contract;
AND WHEREAS, Seller has further provided to Purchaser access to and the opportunity to inspect the Property and to perform
such soil, groundwater or other tests upon the Property as Purchaser deemed necessary or appropriate;
AND WHEREAS, Seller has agreed to perform certain environmental assessment, monitoring and remediation measures
pursuant to the Contract to address hydrocarbon contamination, if any, of the Property resulting from Seller's use prior to the
date of transfer of title, and Purchaser has agreed to assume all responsibility and liability for any and all hydrocarbons or
other contaminants or regulated substances which occur after the date of transfer of title;
AND WHEREAS, Purchaser and Seller desire to provide a continuing right of access to the Property to allow Seller to perform
assessment, monitoring and remediation measures after conveyance of the Property;
NOW, THEREFORE, in consideration of the mutual covenants of the parties herein and as set forth in the Contract, the terms
of which are by this reference incorporated in full herein:
1. For the period of time ending upon the expiration of the petroleum restriction set forth in the deed from Seller to Purchaser, or
at such sooner time as is /il no further remediation activities are re uired from Seller by the
Michi an De artment of Environmental Ii (the "Department");
or (ii) any gasoline, diesel fuel, kerosene, benzol, naphtha or any fuel used for internal combustion engines is sold, handled or
stored on the Property; or (iii) Purchaser shall materially default in compliance with any applicable environmental laws or
regulations, or shall otherwise default in the performance of any material covenant in the Contract relating to environmental
contamination, assessment or remediation; or (iv) a material spill, leak or other release of hydrocarbons or other contamination not caused
occurs following the date of transfer of title which makes Seller's remedial work significantly more difficult, or significantly b Seller
increases the cost or extends the time to complete the remedial work (the "Ending Date"), Seller agrees to indemnify and hold
harmless Purchaser and Purchaser's heirs, legal representatives and successors (collectively the "Indemnified Purchaser
Parties"), from and against all claims, demands, damages, losses, judgments, penalties and liabilities which arise as a result of
any enforcement action arising from the presence of hydrocarbon contamination on the Property caused by Seller's use thereof
prior to the date of transfer of title; provided, however, that (i) Seller's indemnity shall be limited to remediation costs actually
incurred by or imposed upon Indemnified Purchaser Parties as a result of such enforcement action, (ii) Indemnified Purchaser
Parties shall promptly notify Seller and provide to Seller copies of all notices received by Indemnified Purchaser Parties
pertaining to any such enforcement action, and (iii) Indemnified Purchaser Parties shall incur no costs or expenses for
remediation without the prior written consent of Seller.
2. Pursuant to the Contract, as of the date of transfer of title, Purchaser expressly (i) assumed all responsibility and liability for
compliance with all environmental laws and regulations and for any environmental assessment, inspection, monitoring and
remediation relating to or resulting form Purchaser's use of the Property; (ii) agreed at Seller's request, to provide to Seller
assurance of compliance with all environmental laws and regulations, including but not limited to the results of all future
environmental tests, product inventory data, tank gauging data, tank leak detection data and sampling data; (ii1~i)~a~¥.'d~t~~;;;;;:-;:;-;:-;;;-;r-,
promptly notify Seller of all leaks, spills or releases of hydrocarbons or other regulated substances which occu or of which not caused
Pure/laser becomes aware, and (iv) agreed permit Seller to perform product tracing and other reasonable tests and procedures by Sell er
during the period of any assessment or remediation activities by Seller, it being the intent of the parties that P~u:',!r~c~h~a~se?:!r'=::i::-:::-:::,:O:.::::::=::::;=;
shall be responsible and liable for any and all releases which occur subsequent to the date of transfer of title ommencing on not caused
the date of transfer of title, the Purchaser, for themselves and on behalf of their agents, employees, heirs, personal by Se 11 er.
representatives, grantees, successors and assigns (collectively the "Purchaser Indemnifying Parties") agree to indemnify and
hold harmless Seller, its parent, affiliates and each of their respective agents, employees, officers, directors, shareholders,
successor and assigns (collectively the "Indemnified Seller Parties) from and against all claims, demands, damages, losses,
liabilities, judgments, penalties, suits, actions, C'Jcsts and expenses (including consultants' and attorneys' fees) arising from the
presence of hydrocarbon or other contamination occurring after the Closing Date; provided, however, that from and after the
Ending Date, the Purchaser Indemnifying Parties shall indemnify and hold harmless Indemnified Seller Parties from and against
all claims, demands, damages, losses, judgments, penalties, suits, actionsbco,;ts.and expenses (including consultants' and
attorneys' fees) arising from all contamination of the Property not causea Y Se! !er.
*first
3. Purchaser, collectively, and jointly and severally, for themselves and on behalf of Purchaser Indemnifying Parties, and all persons
claiming by, through or under Purchaser, hereby release and forever discharge Indemnified Seller Parties from all claims, demands,
losses, liabilities, judgments, penalties, suits, actions, costs and expenses whatsoever, that may now exist or hereafter accrue with
respect to contamination of the Property existing at the time of transfer of title or occurring after the date of transfer of title, but not,
except as hereinafter set forth, Seller's obligation to remediate hydrocarbon contamination of the Property resulting from Seller's use
of the Property prior to transfer of title; and further covenant and agree to forever refrain and desist from instituting or asserting
against the Indemnified Seller Parties, any claim, demand,· action or suit whatsoever, either directly or indirectly, arising or resulting
from contamination or alleged contamination of the soil or groundwater of the Property, or from the environmental condition of the
Property, except to enforce the remediation provisions of the Contract. ·
4. Purchaser hereby grants to Seller, its agents, employees, successors and assigns, the irrevocable right to enter upon the
Property, from and after the date of transfer of title, for the purpose of (i) engaging in environmental assessments, inspection and
remediation, including but not limited to the installation of such facilities and the conduct of such activities as deemed necessary or
advisable by Seller, in its sole discretion, or as are required by governmental authorities having jurisdiction, for a period of time
required to comply with any applicable environmental law or regulation affecting the Property and (ii) removing from the Property
any property :and equipment not sold pursuant to the Contract. Seller shall not be liable for any damages to the Purchaser, direct
or indirect, resulting from contamination of the Property existing on the date of transfer of title, or for any interruption or interference
with any business or activities being conducted on the Property, or loss of opportunity, or any other loss, damage, costs or expense
of any kind whatsoever, caused by or resulting from the condition of the Property or the performance of any activities authorized
herein; provided, however, Seller shall use reasonable efforts to minimize such interruption or interference. Purchaser agrees to
cooperate fully with Seller in the performance of the activities authorized herein so as to minimize the time and expense to Seller,
including the grant of access to on-site utilities (e.g., electricity, sewer, and water), if required for such activities; and further agrees
that, during the period of any assessment or remediation activities by Seller (i) no construction or improvements shall be permitted
on the Property which would impede or restrict access to monitoring wells, remediation or monitoring equipment, or to the
hydrocarbon plume, or which would modify or affect the size, location or nature of the hydrocarbon plume, without the prior written
- consent of Seller, which consent shall not be unreasonably withheld; and (ii) no gasoline fuel or other motor fuels shall be sold,
handled or stored on the Property.
5. Purchaser warrants that no promise or inducement has been offered except as set forth herein; that this Release and
Right-of-Entry is executed by Purchaser without reliance upon any statement or representation by Seller, its agents or employees,
concerning the measure or extent of any contamination or the legal liability therefor; that Purchaser is of legal age, legally
competent to execute this Release and Right-of-Entry and accepts full responsibility therefor; that this Release and Right-of-Entry
contains the entire agreement between Purchaser and Seller with respect to this matter; and that the terms of this Release and
Right-of-Entry are contractual and not merely recital.
THIS RELEASE AND RIGHT-OF-ENTRY, and each of the covenants herein contained shall run with the land and be binding upon
the grantees, assigns and other successors in title or interest of Purchaser.
SIGNED AND SEALED this
WITNESS: AMOCO OIL COMPANY
PURCHASER
City ofMuslregon ' /
cl Q .LU}', Q. , ':fJ;.ul ~ a.~~~
OFFICIAL SEAL Taxpayer I.D. No.
CYNTHIA ANN JUBITER
\,._~~""·"'~----...
NOTAF« PUBLIC, 8T ATE OF llUNOl8
MY COMMISSION EXP1R£8: 1112711»
Page 2- Release and Right-of-Entry FOf Purchaser
(Exhibit "C") City of Muskegon
STATE OF ILLINOIS
COUNTY OF COOK
lss
)
~.cc.-~ day of fr7a;,, c..f] ~ 6(9Q , before me, personally appeared
m. t?. ~r!J)Q..r who is personally known to me to be the \ (\,~ll_ \ 8.gnw tJ(I /ofhfl I F:
of Amoco Oil Company, a Maryland corporation, and the same person who executed the foregoing instrument, and they duly
~@a
acknowledged the execution of the same for and on behalf of and as the act and deed of said corporation.
'" .,~ W,e,oo,.' ·~ ··~-,- .., ., "'"" '"" ,,., "",oo, '"'
My commission expires on _ _ _ _ _ !._1~/_.,1._7___~ ;loo.3
'f"'"' OFFICIAL SEAL
CYNTHIA ANN JUBITER
ATE Of 11.UNOIS
OTAR'I PVBIJCSION'~~ptR!B:11/17/GS
MVCOMMIB
':"'·"' ',.
STATE OF /Jli'c,hif q-'J
COUNTY OF /7Jl,(.S/f~or,
lss
)
On this o(JlrA day of Ee b, tA q /' !,{.. , in the year ,;loo () , before me, a Notary Public in and for said
9 v
State, personally appeared /;:t;C[ J £r'e (<: ro1 lflg:mc qnc/ (&,//f«1JJ/Bff1 Ck,.,{'personally known to me to be the
persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacity, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons
acted, executed the instrument.
Witness my hand and official seal.
My commission expires on -~s=-'..,.a~t~c:~ro~l~"'~c~-~/2~'-S"'~,,
I
rflOO ;;
Page 3 - Release and Right-of-Entry For P\lrchaMir
. (Exhibit "C") City of Muskegon
Page 1 of2 Terminal
1640 Lakeshore Drive
Muskegon, Michigan
ATTACHMENT#l
The land referred to in this Commitment, situated in the County of Muskegon, City of Muskegon, State of
Michigan, is described as follows:
Block 587 of the Revised Plat of the City of Muskegon, according to the recorded plat thereof in Liber 3 of
Plats, Page 71, except that part lying Northeasterly of a line described as follows: Beginning at a point on the
Easterly line of said block, 225.7 feet Southwesterly of the Northeasterly corner of said block, thence North
SO degrees 15 minutes West 89.3 feet, thence Northeasterly 76 feet to the Westerly line of said block, md the
point of ending of said line.
ALSO
Blocks 588 through 593, inclusive, and that part of Block 594, if any, of The Revised Plat of the City of
Muskegon, according to the recorded plat thereof in Liber 3 of Plats, Page 71, md all land lying Westerly of
Block 592, to Ruddiman Creek, and all land lying Northerly of Block 592, to the railroad right-of-way, that
lies East of a dividing line established by the instruments recorded in Liber 40 of Miscellaneous Records, Page
110, and Libcr 51 of Miscellaneous Records, Page 610, which line is described as follows:
Commence at the section corner common to Sections 25, 26, 35 and 36 in Township 10 North, Range 17 West,
thence South 52 degrees 11' West at an angle of 37 degrees 28' to the left from the section line between said
Sections 25 md 36 (extended West), a distance of 788 feet to a point which is the place of beginning of said
divic!in& line; thence North 26 degrees 43' West on and along said dividing line, the same being a straight line
having an angle of 78 degree 54' to the left from the Im described course, to and into Muskegon Lake Channd.
EXCEPT that part of subject property, previously conveyed to the City of Muskegon and described as follows:
That part of Government Lot 1, Section 35, Town 10 North, Range 17 West, City of Muskegon, Muskegon
County, Michigan, lying between the Centerline ofRuddinun Creek and the Southwesterly line of Block 592
of the Revised Plat of 1903 of the City of Muskegon, described as follows: Commencing at the North most
corner of Block 531 of said Revised Plat of 1903 of the City of Muskegon, said point being the Southwest
· corner of Lake Shore Drive and Frisbie Street, thence North 25 degrees 05' West along the extension of the
Westerly line of said Frisbie Street 66.00 feet to the Northerly line of Lake Shore Drive, thence South 66
degrees 10' West along the Northerly line of Lake Shore Drive 53.00 feet for point of beginning, thence North
39 degrees 20' West 69 .53 feet, thence South 66 degrees 10' West 75 feet more or less to the Centerline of
Ruddiman Creek, thence Southerly along the center line of Ruddiman Creek 68 feet more or less to the
- . Northerly line of Lake Shore Drive, thence North 66 degrees 10' East along said Northerly line 100 feet more
or less to point of beginning.
AND
That part of Block 592 of the Revised Plat of 1903 of the City of Muskegon, Muskegon County, Michigan,
described as follows: Commening at the North most comer of Block 531 of ,aid Revisedd Plat of 1903 of the
City of Muskegon said point being the Southwest corner of Lake Shore Drive and Frisbie Street, thence North
25 degrees 05' West along the extension of the Westerly line of said Frisbie Street 66.00 feet to the Northerly
Page 2 of2 Terminal
1640 Lakeshore Drive
Muskegon, Michigan
Legal Description -(continued)
line of Lake Shore Drive, thence North 66 degrees 10' Ea.st along the Northerly line of Lake Shore Drive 68.55
feet for point of beginning, thence continue North 66 degrees 10' East along the Northerly line of Lake Shore
Drin 93.68 feet, thence North 44 degrees 27' East along the Northerly line of Lake Shore Drive 93.68, thence
South 55 degrees 18' 30" West 184.00 feet to the point of beginning.
LEGAL DESCRIPTION SUBJECT TO VERIFICATION BY SELLER
/
A 08:26 From·\1/ENDYS INTERNATIONAL +2483524262 T-608 P.02/02 F-565
Terminal
1640 Lakes.hare Drive
Muskegon, MI
C
. I ~Pcs-? 7,8(1/Y)'-- jJJ
AMOCO OIL COMPANY (hcreinal=ir "Amoco"\.~ cifices
at 200 East Randolph _
Drive, Chicago, IL 60601, hereby~ top ~ ESTATR err
I1iS 8 ~ 6 (){)k7,r;~
(bcrcinafler "Broker"), with oflil:es at Michigan _.Sv1?6 - ~
a c:ammi.ssion ofFO?t)' Five 'Illousand and N 00 Dollans (S4S,OO0,OO) on the sale of S4SO,OOO.OO,:({#~
of property loca.te.d at 164n I akesbom Drive, 1 1 ~ Micltlgan, as more particularly desc:rtbed hi //?O.;i.!i
the lual Estw: Contraet therelo of~ date
Said c:ommission shall be due and pay le upon, and only upao, C011SUm111atioa of the Sale
upon the term& of the Real Estate Contract b~l'l!Amoco and PUr~ of even claw heiewilft. In
r;oasi@ration of Amo«I signing the a.fo.rewd Estate COllttact as Seller 1IIld Broker hereby
agree:
(1) That with regard to Amoco'~ bllity to Broker fQr said n:al estate couunwion,
Amoco 1w only conditi[0113l~ceptcd the Purdiaser, subject to COllS1lJlllilll of
- (2)
(3)
the Sale pursuant to_the Real
to Brok.er.. . .
Contrad:.
That if the sale does not clo~o -~ any reas011, no commission will be div: or payable
That no claim for any fee or e.M>e,i~ shall be made by Broker.
(4) That Amoco shlill. liave'no d fo sue tbe Purchaser to enforce petfonnanQO of said
Real Estate Contract.
(5) Thill Commission Agreement all be in lieu_ of any other agreemeot between AmolXl
.:·... ...- ,,.. ,.,
\':
a,pd
..,,_., .
Bn>br. . .
. ...
. .
1N WITNESS wt-mR.EOF, parties hereto have duly executed this Commis$iQn
Agreement this 0 ':¾ day of-+'--'!-4'""-':.L.lf~-"-..,__<--> 19_.
AMOCO on:. COMl'ANY
' '
.,, _',>
CLOSING STATEMENT
Property Address: 1640 Lake Shore Drive, Muskegon, Michigan Date: March 24, 2000
Buyer: City of Muskegon Tax ID No.:
Buyer's Address: 933 Terrace Street, PO BOX 536, Plate No: 61-30-35-200-006
Muskegon, Michigan 49443-0536 Parcel No.: 24-205-587-0001-00
Date of Sale Contract: Date of Closing: March 24, 2000
Seller: Amoco Oil Company Tax ID No.: 36-2440313
Seller's Address: 200 East Randolph Drive, Chicago, IL 60601
BUYER'S SETTLEMENT STATEMENT
Purchase Price ..................................................................................................... $ 450,000.00
Credits to Buyer:
Fence Repair Credit from Alliance
Real Estate Services $ 2,000.00
Tax Proration: 2000 RE Taxes $ 6,011.88
($ 84/71.57 a day)
Total Credits to Buyer $ 8,011.88
Charges to Buyer:
Transfer taxes $ 3,870.00
Recording Fee (Special Warranty Deed) $14.00
½ Escrow Closing Fee $250.00
Total Charges to Buyer $ 4,134.00
Total Due from Buyer ....................................................................................... $ 446,122.12
SELLER'S SETTLEMENT STATEMENT
Purchase Price ..................................................................................................... $ 450,000.00
Disbursements:
Abstract/Title Policy $ 1,256.00
½ Escrow Closing Fee $ 250.00
Realtor's Commission* $45,000.00
(Alliance Real Estate Services)
Recording Fee (Release & Right-of-Entry) $ 15.00
Recording Fee (Restrictive Covenant) $ 17.00
Wire transfer fee $ 15.00
Overnight rnail fee $ 15.00
Tax Proration: 2000 RE Taxes (84/$71.57 a day) $ 6,011.88
Total Disbursements $52,579.88
Net Balance Due Seller ..................................................................................... $ 397,420.12
*REAL ESTATE COMMISSION BALANCE: Alliance Real Estate Services $ 43,000.00
($ 45,000.00 less $ 2,000.00 credit to City of Muskegon)
BUYER SETTLEMENT STATEMENT
FILE NO. MU73501E Closing Officer: Dawn Boisvert
BUYER: The City of Muskegon
933 Terrace Street, PO Box 536
Muskegon, MI 49443-0536
SELLER: Amoco Oil Company, a Maryland Corporation
200 E. Randolph Drive
Chicago, IL 60601
PROPERTY: 1640 Lakeshore Drive Muskegon MI 49441
SETTLEMENT DATE: 03-24-00 PRORATION DATE: 03-24-00 SALE PRICE: 450,000.00
===--=--=-=-=============-===================================================================
BUYER CHARGES
Sale Price .. 450,000.00
Escrow Closing Fee .. 250.00
Recording 1 Deed .... 14.00
County Transfer Tax .. 495.00
State Transfer Tax ... 3,375.00
Gross Due From Buyer .. 454,134.00
BUYER CREDITS
Fence Repair Credit from Alliance ... . 2,000.00
Tax Proration . . . . . . . . . . . . . . . . . . . . . . . . 6,0ll.88
Total Paid By/For Buyer ... 8,0ll.88
Gross Due From Buyer ..... 454,134.00
Total Paid By/For Buyer. 8,011.88
NET FROM BUYER ......... . 446,122.12
=============================================================================================
The undersigned acknowledge receipt of a copy of this settlement statement, approve any
variation from the terms of the Purchase Agreement, agree to the correctness of the
figures set forth hersin, and authorize the disbursement of funds in accordance with this
settlement statement.
WATER/SEWER FINAL READING
File Number: MUi350iE
Date: March 24, .2000
Reference: City of Muskegon/Amoco
l'lopaty AddJ:ess: 1640 Lakhhore Drive
I
I/We understand there will be a final reading of the Water and/or Sewer charges for 1640 Lakeshore
Drive.
'
I/We understand that it is our responsibility to pay any and all charges assessed to us during the period
of time the property is occupied by me/us.
I/We understand that Metropolitan Title Company is the Escrow Agent closing the real estate transaction,
and I/we will not hold them responsible for any assessment fees not currently available to them prior to
closing.
I/We understand the owners title policy will make an exception for water/sewer bills not open for
collection at the office of theiTreasurcr.
Sellers:
Amoco Oil Company, a Maryland Corporation
B~~ R:cal .estate Manager
f.. obAt--t--:r; /Ila vo n. J'ff': /)1/o; 1tef 1~ foct--
~ Metropolitan Title :!Company
·~nUS/SUl~noa-Odl3W E2:9T 00, EZ dUW
DISCLOSURE AND ACKNOWLEDGMENT
File Number: MU73501,E
Da~ March 24, 2000
Referen= City of Muskegon/Amoco
Property Address: 1640 Lak~shore Drive
I
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By signing this statement the undersigned acknowledge the following:
1. That all closing documents',Prcpared by Metropolitan Title Company arc prepared at the direction and
request of the parties to tlie transaction, their real estate agent(s)/broker(s) or attomey(s).
I
2. That Metropolitan '.fitlc Corny.my is not acting as my/ow: agent, attorney, ,:eprescntative or fiduciary,
at this real estate closing. ,
i
3. That Metropolitan Title Company's employee who has attended this dosing represents only
Metropolitan Title Company.
I
4. That Metropolitan Title Cdmpany's employee has identified certain documents to me/us as he/she has
presented them to me/us for signing, but has not given me/us legal advice as to the meaning or effect of
the documents. I/We undctstand that any of his/her statements about the documents arc not legal advice
to me/us. If I/we have an :i.ttorney, that attorney is my/our only attorney in this transaction.
5. That I/we have either read all of the closing documents or am/are responsible for my/our own failure to
have read them. I/We u n ~ d that Metropolitan Title Compruiy is not responsible for explainin.g to
me/us the effect of the doqunents I/we have signed.
' '
6. That the title policy, when issued, will contain all of the exceptions noted on the commitment, unless such
exceptions are removed to the satisfaction of Metropolitan Title Company at closing.
'
7, That l/wc lnve read this st:litement and understand it.
Sell=: Purchasers:
~ Metropolitan Title lompany
6T/Z'd
OWNER'S AFFIDAVIT
COMPLIANCE AGREEMENT
file Number: MU73501E Forwarding Address:
Date: March 24, 2000
1
Reference: City of Muskegon/Amoco
Property Address: 1640 Lakeshdrc Drive
Affiant makes the rcprcsentatio~ contained herein to induce the purchaser to consummate the transaction referenced in the
commitment, to obtain the pro0eds of the sale, and to induce Metropolitan Title Company to issue a policy(s) of title
insurance on behalf of the undery,riter named in the commitment. Affiam further agrees that in the event it is determined
there are unpaid charges which! :were due and payable prior to and including the date of closing, and which arc the
responsibility and obligation of die Affiant, that the Affiant shall pay any and all amounts so charged and shall provide proof
of payment of same to Metropoliian Title Company. Affiant funher agrees and covenants, if requested by Metropolitan Title
Company, to fully cooperate and:adjust for clerical errors in any closing documents 1 including but not limited to, repayment
of any overpayments and executi~g duplicate closing documents.
I
The undersigned, being first duly sworn, deposes and says as follows:
1. That Affiant is 18 years of agd or older, is a citizen of the United States, has not married or divorced since purchasing
the real estate, and has not used or been known by any other name;
2. That Affiant is the owner of certain premises described in Commitment No. MU73501E, and has not filed, nor
is subject to any bankruptcy, receivership, or insolvency proceedings;
3. That the Affiant is in possession of said property and there are no other parties in possession or claiming rights of
possession; (NONE, unless noted), _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
4. That Affiant has no knowledge of any unrecorded water, mineral, gas or oil rights, unrecorded easements or claims
of casements, boundary line disputes or claims of such grants or rights relative thereto; (NONE, unless noted)
'
5. That there are no proceedings instituted or undertaken by anyone which will result in a lien or special assessment
upon the premises. There are n9 delinquent taxes, special assessments, water bills, utility bills, or Homeowner', Association
fees covering subject property; ,(NONE, unless noted), _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
6. That there have been no improvements made nor labor or materials furnished to the premises within the la.st 90 days;
(NONE, unless noted) _ _ _ ; _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
7. That Affiant has no knowledg¢ of any other macters affecting the title including but not limited to: mortgages, liens,
land contracts, options or other encumbrances other than those which are being paid from the sale or loan proceeds. •
(NONE, unless noted)1_ _......c!c_________________________________
Subscribed and sworn to befort, me this Sellers:
24th d of March, 2000.
Amoco Oil Company, a Maryland Corporation
N ary Public: C..~Vl B ~ t : - : 1 Emt: Hanoge,c
County in lllinois: ft> y.Q/·t--:r: ,1/4 vr, ~ : /fl-}«n.ty,~' fac,'f-
.AM11MNVv·l!"'""·""~..,11'vvv.1
Commission Expires: OFFICIAL SEAL
CYNTHIA ANN JUBITER
NOTMV PUBLIC, STATE OF ILLINOIII
MY COMMISSION EXP1Rl8: 11127/IP
~ Metropolitan Title Company
Page 1 of 2
·5n~S/S~75noa-Od13W v0:LT 00, EZ d~W
OWNER'S AFFIDAVIT
COMPLIANCE AGREEMENT
(To be executed by the Buyers)
The undersigned makes the representations contained herein to induce Metropolitan Title Company to issue a policy(s) of title
insurance on behalf of the underwriter named in the commitment. The undersigned further agrees that in the event it is
determined there are unpaid charges which were due and payable prior to and including the date of closing, and which are
the responsibility and obligation of the undersigned, that the undersigned shall pay any and all amounts so charged and shall
provide proof of payment of same to Metropolitan Title Company.
The undersigned further agrees and covenants, if requested by Metropolitan Title Company, to fully cooperate and adjust for
clerical errors in any closing documents, including but not limited to, repayment of any overpayments and executing duplicate
closing documents.
The undersigned further certify that they are 18 years of age or older.
Purchasers:
Su scribed and sw to before me this 24th day of March, 2000.
'
ary ub ic: Dawn ois ert
County in Michigan: Muskegon
Commission Expires: March 18, 2002
~ Metropolitan Title Company
Page 2 of 2
CLOSING AGREEMENT
File Number: MU73501E
Date March 24, 2000
Referenre: City of Muskegon/Amoco
Property Address: 1640 Lakashore Drive
i
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!
!
It is agreed, between the Purchaser(s) and Seller(s) of this property that all contingencies and addendums
to the Offer to Purchase thheto, dated have been met or are hereby resolved or removed to the
'
satisfaction of the parties con'cemcd. •
I
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Purchaser(s) understand and' acknowledged that he/she/they are buying the property in an "As Is"
condition and that neither the Seller(s) nor Realtor(s) make any warranties as to the land and structure
purchased or the condition tllereof.
I
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Purchasers:
Sellers:
Amoco Oil Company, a Maryland Corporation
B ~ : : ~R:eal Est&te M,megeP
/!D~~ ,1'/t; Wt A J°K: ~'1-y/,1 F-u'f-
I
~ Metropolitan Title f ompany
-~n~S/S~l~noa-O~13W ZZ:9T 00, EZ ~~w
6VE"d
ADDENDUM TO BUY AND SELL AGREEMENT
F'd~Numbtt: MU73501!':
Date:
Ref~en=
Ptoperty Addre.u:
.
March 24J 2000
City of Mpskegort/Amoco
1640 Lakci;hore Drive
i
Ad~endum to Buy and Sell A3reerncnt dated March 20, 2000, covering property located at: 1640 Lakeshore
Drive, and legally described as:
-
(See Attached Rider)
I
Thi~ Addendum to be an integral part of attached Buy and Sell Agreement, which is amended as follows:
;
Leg~! Description as stated abot,e. Buyer to be responsible for 2000 taxes and all future taxc,. Closi11g date to
be N):arch 24, 2000. '
Purcbasen:
Sellen:
Amoco Oil Comp:my, a Maryland Corporation
B ~ : , Ri!al Es~m Manager--
/ ob.,_,-t-:r: /J,1avn~ ~: !Hfvt1#-y;i foict-
- - - - -61/S'd
Attached to and becoming a part of document dated March 24, 2000.
LEGAL DESCRIPTION
Land situated in the City of Muskegon, County of Muskegon, State of Michigan, described as follows:
Block 587 of the Revised Plat of the City of Muskegon, according to the recorded plat thereof in Liber 3 of Plats,
Page 71, except that part lying Northeasterly of a line described as follows: Beginning at a point on the Easterly
line of said block, 225.7 feet Southwesterly of the Northeasterly corner of said block, thence North SO degrees 15
minutes West 89.3 feet, thence Northeasterly 76 feet to the Westerly line of said block, and the point of ending of
said line.
ALSO
Blocks 588 through 593, inclusive, and that part of Block 594, if any, of The Revised Plat of the City of Muskegon,
according to the recorded plat thereof in Liber 3 of Plats, Page 71, and all land lying Westerly of Block 592, to
Ruddiman Creek, and all land lying Northerly of Block 592, to the railroad right-of-way, that lies East of a dividing
line established by the instruments recorded in Liber 40 of Miscellaneous Records, Page 110, and Liber 51 of
Miscellaneous Records, Page 610, which line is described as follows:
Commence at the section corner common to Sections 25, 26, 35 and 36 in Township 10 North, Range 17 West,
thence South 52 degrees 11' West at an angle of 37 degrees 28' to the left from the section line between said Sections
25 and 36 (extended West), a distance of 788 feet to a point which is the place of beginning of said dividing line;
thence North 26 degrees 43' West on and along said dividing line, the same being a straight line having an angle
of 78 degree 54' to the left from the last described course, to and into Muskegon Lake Channel.
EXCEPT that part of subject property, previously conveyed to the City of Muskegon and described as follows:
That part of Government Lot 1, Section 35, Town 10 North, Range 17 West, City of Muskegon, Muskegon County,
Michigan, lying between the Centerline of Ruddiman Creek and the Southwesterly line of Block 592 of the Revised
Plat of 1903 of the City of Muskegon, described as follows: Commencing at the North most corner of Block 531
of said Revised Plat of 1903 of the City of Muskegon, said point being the Southwest corner of Lake Shore Drive
and Frisbie Street, thence North 25 degrees 05' West along the extension of the Westerly line of said Frisbie Street
66.00 feet to the Northerly line of Lake Shore Drive, thence South 66 degrees 10' West along the Northerly line of
Lake Shore Drive 53.00 feet for point of beginning, thence North 39 degrees 20' West 69.53 feet, thence South 66
degrees 10' West 75 feet more or less to the Centerline of Ruddiman Creek, thence Southerly along the center line
of Ruddiman Creek 68 f~et more or less to the Northerly line of Lake Shore Drive, thence North 66 degrees 1O' East
along said Northerly line 100 feet more or less to point of beginning.
AND
That part of Block 592 of the Revised Plat of 1903 of the City of Muskegon, Muskegon County, Michigan, described
as follows: Commening at the North most corner of Block 531 of said Revisedd Plat of 1903 of the City of
Muskegon said point being the Southwest corner of Lake Shore Drive and Frisbie Street, thence North 25 degrees
OS' West along the extension of the Westerly line of said Frisbie Street 66.00 feet to the Northerly line of Lake Shore
Drive, thence North 66 degrees 10' East along the Northerly line of Lake Shore Drive 68.55 feet for point of
beginning, thence continue North 66 degrees 10' East along the Northerly line of Lake Shore Drive 93.68 feet, thence
North 44 degrees 27' East along the Northerly line of Lake Shore Drive 93.68, thence South 55 degrees 18' 30" West
184.00 feet to the point of beginning.
Tax Parcel Number: 24-205-587-0001-00
File Number: MU73501E
BILL OF SALE
KnOf/J AO Persons By 17u:se lnsmts: That Amoco Oil Company, A Maryland Coq,orar:ion herein:ifter referred to as
"Seller(s)" whose oddress is 200 E. Randolph Drive, Chicago, IL 60601, and The City of Muskegon, a Municipal Cwporativa,
hereinafter refcrr,d to as "Purchaker(s)" whose address is 933 Terrace Street, PO Box 536, Muskegon, MI 49443-0536, arc
Scllcr(s) and Purchaser(s), respectively of the premises situated in the County of Muskegon, described as:
(See Attached Rider)
More commonly known as: 1640 blreshore Drive, hereinafter referred to as the Subject Property.
For the sum of One Dollar ($1.00) and other good and valuable considerations paid to said Seller(s) by said Purchaser(s),
said Sellcr(s) has bargained and sold, and by these presents docs grant and convey unto the said Purcha.ser(s) the following
good, and chattels which are in the possession of said Scller(s) at the subject property:
All pre-printed items if any now in or on the premises, as listed on the purchase agreement dated M•rch 20, 2000
And the said Seller(s) does agree to warrant and defend the sale of the aforementioned goods and chattels, unto the
Purcha.ser(s) against any and all petson or persons whatsoever.
'
In witne.s whereof, the Scller(s) have hereunto set bis hand(s) and seal(s) this 24th day of March, 2000.
Amoco Oil Company, a Maryland Corpor:ation
-
B y ~ ~ ~ ! l>st,te Maoager
f!_i,lfl,i:<[:r?/t110f) J:-c-s: tJ-#or4,,~ fricf-
State of Illinois
County of C ooh
lne sellcr(s) being duly sworn, deposes and says that he is the seller(s) named within the Bill of Sale, that he has knowledge
of the facts and that the consideration of said instrument was actual and adequate, and that the same was given in good
faith for the purpose therein set forth and not for the purpose of security, or for defrauding creditors of the seller(s) or
subsequent purcliaser(s). '
Subscribed and sworn to before me this 23rd day of March, 2000.
My commission expires: 7
,,..W,,>M,'W'\/W',NVWVc'\'NVIMl'NY'-,
OFFICIAL SEAL County, Illinoi/
CYNTHIA ANN JUBITER
NOT AAY PIJIII.IC, 8TATE Of ILLINOIB
MY COMMISBION EXP1R~S: 11/2711»
. ~...-..~,!\•iyMM,""ll>M-'
~ Metropolitan Title Co~any
File Number: MU7350lE
Attached to and becoming a part of document dated March 24, 2000.
LEGAL DESCRIPTION
Land situated in the City of Muskegon, County of Muskegon, State of Michigan, described as follows:
Block 587 of the Revised Plat of the City of Muskegon, according to the recorded plat thereof in Liber 3 of Plats,
Page 71, except that part lying Northeasterly of a line described as follows: Beginning at a point on the Easterly
line of said block, 225.7 feet Southwesterly of the Northeasterly corner of said block, thence North 50 degrees 15
minutes West 89.3 feet, thence Northeasterly 76 feet to the Westerly line of said block, and the point of ending of
said line.
ALSO
Blocks 588 through 593, inclusive, and that part of Block 594, if any, of The Revised Plat of the City of Muskegon,
according to the recorded plat thereof in Liber 3 of Plats, Page 71, and all land lying Westerly of Block 592, to
Ruddiman Creek, and all land lying Northerly of Block 592, to the railroad right-of-way, that lies East of a dividing
line established by the instruments recorded in Liber 40 of Miscellaneous Records, Page 110, and Liber 51 of
Miscellaneous Records, Page 610, which line is described as follows:
Commence at the section corner common to Sections 25, 26, 35 and 36 in Township 10 North, Range 17 West,
thence South 52 degrees 11' West at an angle of 37 degrees 28' to the left from the section line between said Sections
25 and 36 (extended West), a distance of 788 feet to a point which is the place of beginning of said dividing line;
thence North 26 degrees 43' West on and along said dividing line, the same being a straight line having an angle
of 78 degree 54' to the left from the last described course, to and into Muskegon Lake Channel.
EXCEPT that part of subject property, previously conveyed to the City of Muskegon and described as follows:
That part of Government Lot 1, Section 35, Town 10 North, Range 17 West, City of Muskegon, Muskegon County,
Michigan, lying between the Centerline of Ruddiman Creek and the Southwesterly line of Block 592 of the Revised
Plat of 1903 of the City of Muskegon, described as follows: Commencing at the North most corner of Block 531
of said Revised Plat of 1903 of the City of Muskegon, said point being the Southwest corner of Lake Shore Drive
and Frisbie Street, thence North 25 degrees 05' West along the extension of the Westerly line of said Frisbie Street
66.00 feet to the Northerly line of Lake Shore Drive, thence South 66 degrees 10' West along the Northerly line of
Lake Shore Drive 53.00 feet for point of beginning, thence North 39 degrees 20' West 69.53 feet, thence South 66
degrees 10' West 75 feet more or less to the Centerline of Ruddiman Creek, thence Southerly along the center line
of Ruddiman Creek 68 foet more or less to the Northerly line of Lake Shore Drive, thence North 66 degrees 10' East
along said Northerly line 100 feet more or less to point of beginning.
AND
That part of Block 592 of the Revised Plat of 1903 of the City of Muskegon, Muskegon County, Michigan, described
as follows: Commening at the North most corner of Block 531 of said Revisedd Plat of 1903 of the City of
Muskegon said point being the Southwest corner of Lake Shore Drive and Frisbie Street, thence North 25 degrees
05' West along the extension of the Westerly line of said Frisbie Street 66.00 feet to the Northerly line of Lake Shore
Drive, thence North 66 degrees 10' East along the Northerly line of Lake Shore Drive 68.55 feet for point of
beginning, thence continue North 66 degrees 10' East along the Northerly line of Lake Shore Drive 93.68 feet, thence
North 44 degrees 27' East along the Northerly line of Lake Shore Drive 93.68, thence South 55 degrees 18' 30" West
184.00 feet to the point of beginning.
Tax Parcel Number: 24-205-587-0001-00
File Number: MU73501E
BILL OF SALE - PURCHASER ACKNOWLEDGEMENf
File Number: MU73501E
Date: March 24, 2000
Reference: City of Muskegon/ Amoco
Property Address: 1640 Lakeshore Drive
The undersigned Purchaser(s) agree to the items, if any, as stated on the attached Bill of Sale and
acknowledge receipt of a copy of the Bill of Sale.
Purchasers:
~M
ffi Metropolitan Title Company
File Number: MU73501E
PROPERTY TRANSFER AFFIDAVIT ACKNOWLEDGEMENT
File Number: MU73501E
Date: March 24, 2000
Reference: City of Muskegon/Amoco
Property Address: 1640 Lakeshore Drive
I/We, the undersigned Purchaser, Grantee or Transferee, have been advised that under Act 415, P.A. of 1994,
Fotm L-4260 (1/95) Property Transfer Affidavit must be completed and received by the local assessor within 45
days of the date of transfer.
I/We further understand that failure to file is punishable by penalty of $5.00 a day up to a maximum of $200.00.
I/We have received from Metropolitan Title Company on March 24, 2000 a Property Transfer Affidavit, Form
L-4260 (1/95) and accept responsibility for filing the form with our city/township assessor. I/We agree to hold
Metropolitan Title Company hannless from any further liability and/or responsibility regarding this form.
D I/We have requested that Metropolitan Title Company distribute this form by regular mail to the
city /township assessor, and hold the title company harmless from any further liability and/ or responsibility
regarding this form.
Purchasers:
ACI(NOWLEDGMENT OF WAIVER OF INSPECTIONS
File Number: MU73501E
Date: March 24, 2000
Reference: City of Muskegon/Amoco
Property Address: 1640 Lakeshore Drive
The undersigned, being the purchasers of the above captioned property, acknowledge that we have been
advised by the selling broker and/ or listing broker and/ or its agents to obtain inspections on said property
as noted below:
Waived
(Yes) (No)
Water/Septic Inspection
Termite Inspection
Health Inspection Report
Electrical, Plumbing, Heating Inspection
Structural Inspection
Survey
Purchaser(s) hereby acknowledge and agree that they have chosen not to obtain the inspections as noted above
and purchaser(s) hereby release the selling broker and/or listing broker and/or their agents and Metropolitan
Title Company and its employees from any and all responsibility and/ or liability concerning or pertaining
to such matters that may or may not have been determined as the result of inspection report(s) as noted
above.
Purchasers:
~ Metropolitan Title Company
WARRANTY DEED
Mctropolibn Title Company ; (For Plat/Condominium) S t a t u t o r y
Knw/;fl, ~';/;°Cy ~ Presents: That Amoco Oil Compa.ii.y, A Ma.cyland Corporation
whose address is 200 E. R2ndolp~ Drive, Chicago, IL 60601
Convey(s) and Warrant(s) to Th~ City of Muskegon. a Municip:d Corporation
i
whose address is 933 Terrace St:r¥, PO Box 536, M ~ MI 49443-0536
j
the following described premis~ situated in the City of Muskegon County of Mwkegon and State of
Michigan, to-wit: ·
(See Attached Rider)
More commonly known as: 1640 ~eshore Drive
I
For the full consideration of: $1.00 :ind other good ao-d valuable consideration. See Real Est2te Tr.ansfcr
Valuation Affidavit filed herewit4. Please affix revenue stamps after m:ordiog.
'
Subject to: Building and use res~rictions, reservations, and easements of record.
',
'
Dated this, 24th day of M.arch, 2000 i
I (See Atracbed fur Signatwrs}
Draftal by: Return tm. Send Ta Bills to:
Amoco Oil Company City of Muskegon same
Assisted by: Metropolitan Title Co. 933 Terrace St., PO Box 536
;
200 E. Randolph Drive Muskeogn, MI 49443
Chicago, IL 60601 I
Recording Fee: $12.00 sLte
Transfer Tax:
dounty Transfer Tax,
File Number: MU73501E
Tax Parcel No.: 24-205-587-0001-00
61/2.'d
Attached to and becoming a part of Warranty Deed dated March 24, 2000 between Amoco Oil Comp:tny, A
Maryland Corporation, as seller(s) and The City of Muskegon, a Municipal Corporation, as purchaser(s).
Signed by,
Amoco Oil Company, a Maryland Corpor.rtion
0V1\~0e. ~\;,,o.. e__
~ M, \!Y\1\? == : By: M. E. McDeuned, Real Estate Mauager-
;r
/b }1t;i:: ;t/P.Yo';,_ t/ffi,nd.y11 ~
f/s .'
State of Illin~ ~
County of _...,L,,...,,,(;Q"'-"__._.if::=
_____
The foregoing instrument was acknowledged before me this 23rd day of March, 2000 by M. E. McDermed, Real
Estate Manager of Amoco Oil Company, A Maryland Corporation on behalf of the said corporation.
~~A
Commission Expires:
County in Illinois:
File Number: MU73501E
Attached to and becoming a part of document dated March 24, 2000.
LEGAL DESCRIPTION
L111d situated in the City of Muskegon, County of Mnskegon, State of Michigan, described as follows:
Block 587 of the Revised Plat of the City of Muskegon, according to the recorded plat thereof in Liber 3 of Plats,
Page 71, except that part lying Northeasterly of a line described as follows: Beginning at a point on the Easterly
line of said block, 225.7 feet Southwesterly of the Northeasterly corner of said block, thence North 50 degrees 15
minutes West 89.3 feet, thence Northeasterly 76 feet to the Westerly line of said block, and the point of ending of
said line.
ALSO
Blocks 588 through 593, inclusive, and that part of Block 594, if any, of The Revised Plat of the City of Muskegon,
according to the recorded plat thereof in Liber 3 of Plats, Page 71, and all land lying Westerly of Block 592, to
Ruddiman Creek, and all land lying Northerly of Block 592, to the railroad right-of-way, that lies East of a dividing
line established by the instruments recorded in Liber 40 of Miscellaneous Records, Page 110, and Liber 51 of
Miscellaneous Records, Page 610, which line is described as follows:
Commence at the section corner common to Sections 25, 26, 35 and 36 in Township 10 North, Range 17 West,
thence South 52 degrees 11' West at an angle of 37 degrees 28' to the left from the section line between said Sections
25 and 36 (extended West), a distance of 788 feet to a point which is the place of beginning of said dividing line;
thence North 26 degrees 43' West on and along said dividing line, the same being a straight line having an angle
of 78 degree 54' to the left from the last described course, to and into Muskegon Lake Channel.
EXCEPT that part of subject property, previously conveyed to the City of Muskegon and described as follows:
That part of Government Lot 1, Section 35, Town 10 North, Range 17 West, City of Muskegon, Muskegon County,
Michigan, lying between the Centerline of Ruddiman Creek and the Southwesterly line of Block 592 of the Revised
Plat of 1903 of the City of Muskegon, described as follows: Commencing at the North most corner of Block 531
of said Revised Plat of 1903 of the City of Muskegon, said point being the Southwest corner of Lake Shore Drive
and Frisbie Street, thence North 25 degrees 05' West along the extension of the Westerly line of said Frisbie Street
66.00 feet to the Northerly line of Lake Shore Drive, thence South 66 degrees 10' West along the Northerly line of
Lake Shore Drive 53.00 feet for point of beginning, thence North 39 degrees 20' West 69.53 feet, thence South 66
degrees 10' West 75 feet more or less to the Centerline of Rnddiman Creek, thence Southerly along the center line
of Ruddiman Creek 68 feet more or less to the Northerly line of Lake Shore Drive, thence North 66 degrees 10' East
along said Northerly li-;;e 100 feet more or less to point of beginning.
AND
That part of Block 592 of the Revised Plat of 1903 of the City of Muskegon, Muskegon County, Michigan, described
as follows: Commening at the North most corner of Block 531 of said Revisedd Plat of 1903 of the City of
Muskegon said point being the Southwest corner of Lake Shore Drive and Frisbie Street, thence North 25 degrees
05' West along the extension of the Westerly line of said Frisbie Street 66.00 feet to the Northerly line of Lake Shore
Drive, thence North 66 degrees 10' East along the Northerly line of Lake Shore Drive 68.55 feet for point of
beginning, thence continue North 66 degrees 10' East along the Northerly line of Lake Shore Drive 93.68 feet, thence
North 44 degrees 27' East along the Northerly line of Lake Shore Drive 93.68, thence Sonth 55 degrees 18' 30" West
184.00 feet to the point of beginning.
Tax Parcel Number: 24-205-587-0001-00
File Number: MU73501E
.Micbipn ~mmt of Trr:a.iucy
u,s. (l\<V. 9m)
REAL ESTATE TRANSFER VALUATION AFFIDAVIT
This form i, is,ued ~nder authori~ of P.A. 134 of 1966 and 330 of 1993 as amended.
I
This form must be filed when yo · choose not t(/ enter the amount paid for real estate on the deed. It is required
whether the transfer is taxable or ot. It is not rlecessary when the amount paid is entered on the deed. This form
must be completed and signed b either the seller or his/her authorized agent.
t. Cormty of Property 2. City or TO'll11U.bip of Property
Muskegon City of Muskegon
3. Seller's Ntnne and Mailing A I 4. Purchaser's Name and Mailing AtlJn.ss
Amoco Oil Company, a Maryl d Corporatlon 'The City of Muskegon
200 E. Randolph Drive · 933 Terrace Street, PO Box 536
Chicago, IL 60601 Muskegon, MI 49443-0536
5. Type and Dare of Doaunent 6. Cash Payment 7. Anwunz of Cormty Tttt
$495.00
0 Land Contract Datej . 8, Amo1t11t of Mortgage 9. Anwum of St4te Tttt
[!I Deed Date. March 24, 2 00 $3,375.00
I
'
.--,,kt~. 11. Toul Consideration 12. Toul Re-oenue Stamps
$450,000.00 $3,870.00
I
13. Legal Desmptum of Real . Tra,uf~ .
(SEk AUACHED RIDER)
24-205-587-0001-00 _,
I certify that the information abo is true and complete to the best of my knowledge and that the value stated is the
full market value of the property.
Sdla's Signw,n, If ,igner is other d,,m the rdkr, prlot name and tidc.
OFFICIAL SEAL err,
CYNTHIA ANN JUBlTER
My commission expires: STl'<TE Of ILLINOIS
NOT ~::ON EllPIRF.S: 11/27/1»
Subscribed and sworn to me: Mlu-ch 23, 2000 MV M',.,,,,,.,.,.,.,,,.,.~""'l~N\1\umber: MU73501E
6V6"d -~n~S/S~l~noa-Odl3W p2:9T 00, E2 d~W
------,
Attached to and becoming a part of document dated March 24, 2000.
LEGAL DESCRIPTION
Land situated in the City of Muskegon, County of Muskegon, State of Michigan, described as follows:
Block 587 of the Revised Plat of the City of Muskegon, according to the recorded plat thereof in Liber 3 of Plats,
Page 71, except that part lying Northeasterly of a line described as follows: Beginning at a point on the Easterly
line of said block, 225.7 feet Southwesterly of the Northeasterly corner of said block, thence North 50 degrees 15
minutes West 89,3 feet, thence Northeasterly 76 feet to the Westerly line of said block, and the point of ending of
said line.
ALSO
Blocks 588 through 593, inclusive, and that part of Block 594, if any, of The Revised Plat of the City of Muskegon,
according to the recorded plat thereof in Liber 3 of Plats, Page 71, and all land lying Westerly of Block 592, to
Rnddiman Creek, and all land lying Northerly of Block 592, to the railroad right-of-way, that lies East of a dividing
line established by the instruments recorded in Liber 40 of Miscellaneous Records, Page 11 O, and Liber 51 of
Miscellaneous Records, Page 610, which line is described as follows:
Commence at the section corner common to Sections 25, 26, 35 and 36 in Township 10 North, Range 17 West,
thence South 52 degrees 11' West at an angle of 37 degrees 28' to the left from the section line between said Sections
25 and 36 (extended West), a distance of 788 feet to a point which is the place of beginning of said dividing line;
thence North 26 degrees 43' West on and along said dividing line, the same being a straight line having an angle
of 78 degree 54' to the left from the last described course, to and into Muskegon Litke Channel.
EXCEPT that part of subject property, previously conveyed to the City of Muskegon and described as follows:
That part of Government Lot 1, Section 35, Town 10 North, Range 17 West, City of Muskegon, Muskegon County,
Michigan, lying between the Centerline of Ruddiman Creek and the Southwesterly line of Block 592 of the Revised
Plat of 1903 of the City of Muskegon, described as follows: Commencing at the North most corner of Block 531
of said Revised Plat of 1903 of the City of Muskegon, said point being the Southwest corner of Lake Shore Drive
and Frisbie Street, thence North 25 degrees 05' West along the extension of the Westerly line of said Frisbie Street
66.00 feet to the Northerly line of Lake Shore Drive, thence South 66 degrees 10' West along the Northerly line of
Lake Shore Drive 53.00 feet for point of beginning, thence North 39 degrees 20' West 69.53 feet, thence South 66
degrees 1O' West 75 feet more or less to the Centerline of Rnddiman Creek, thence Southerly along the center line
of Ruddiman Creek 68 feet more or less to the Northerly line of Lake Shore Drive, thence North 66 degrees 10' East
along said Northerly li-;;e 100 feet more or less to point of beginning.
AND
That part of Block 592 of the Revised Plat of 1903 of the City of Muskegon, Muskegon County, Michigan, described
as follows: Commening at the North most corner of Block 531 of said Revisedd Plat of 1903 of the City of
Muskegon said point being the Southwest corner of Lake Shore Drive and Frisbie Street, thence North 25 degrees
05' West along the extension of the Westerly line of said Frisbie Street 66.00 feet to the Northerly line of Lake Shore
Drive, thence North 66 degrees 10' East along the Northerly line of Lake Shore Drive 68.55 feet for point of
beginning, thence continue North 66 degrees 10' East along the Northerly line of Lake Shore Drive 93.68 feet, thence
North 44 degrees 27' East along tbe Northerly line of Lake Shore Drive 93.68, thence South 55 degrees 18' 30" West
184.00 feet to the point of beginning,
Tax Parcel Number: 24-205-587-0001-00
File Number: MU73501E
Date: January 25, 2000
To: Honorable Mayor and City Commissioners
From: Inspection Services Department
RE: Concurrence with Housing Board of Appeals
Finding and Order for 388 Catawba
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 388 Catawba 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 September of 1998
following a referral from the housing inspector working the case. The
property was vacant and the owner had made no effort to correct code
violations nor had established any contact with the inspector. The order
to repair did not result in any improvements to the structure; therefore
the case was referred to the Housing Board of Appeals on December 3,
1998. No one appeared at the meeting to contest the department's
recommendation that the structure be demolished and there has been
no contact with the owner since the Board's action. The Committee of
the Whole on 2/8/99 recommended giving the interested party six
months to obtain and bring the property up to code and that the
interested party submit a written timetable on the scheduled repairs and
that a building permit be pulled within 30 days for repairs. To date the
work has not been completed to an acceptable level.
The estimated cost of bringing the property into compliance with City
codes is $20,000-24,000.
Attached are copies of the minutes of the December 3, 1998 meeting of
the Housing Board of Appeals, the findings of fact and order of the
Board dated December 4, 1998, the findings from a September 9, 1998
inspection of the property and the Committee of the Whole
recommendation of February 8, 1998
COMMITTEE RECOMMENDATION:
The Committee of the Whole will consider this item at its meeting on
January 24, 2000.
FINANCIAL IMPACT: (877 Amity) The cost of demolition will be paid with budgeted
general funds.
BUDGET ACTION REQUIRED: (877 Amity) None
STAFF RECOMMENDATION: (877 Amity) A dangerous building inspection was
conducted in August of 1998 following a referral from the housing inspector working the case. The
property was vacant and boarded and the owner had made no effort to correct code violations nor
had established any contact with the inspector. In addition, three civil infraction citations had been
issued to the owners. The order to repair did not result in any improvements to the structure;
therefore, the case was referred to the Housing Board of Appeals on December 3, 1998. No one
appeared at the meeting to contest the department's recommendation that the structure be
demolished and there has been no contact with the owner since the Board's action.
Property taxes for 1997 and 1998 are due. The estimated cost of bringing the property into
compliance with City codes is $18,000 - $22,000.
Attached are copies of the minutes of the December 1998 meeting of the Housing Board of
Appeals, the findings of fact and order of the Board dated December 7, 1998 and the findings from
an August 25, 1998 inspection of the property.
COMMITTEE RECOMMENDATION: (372-74 E. Forest and 877 Amity) Committee of
the Whole recommended concurrence with Housing Board of Appeals Findings and Order for 372-
~ .. 74 E. Forest and 877 Amity.
5) 388 Catawba
FINANCIAL IMPACT: (388 Catawba) The cost of demolition will be paid with budgeted
CDBGfunds.
BUDGET ACTION REQUIRED: (388 Catawba) None
STAFF RECOMMENDATION: (388 Catawba) A dangerous building inspection was
conducted in September of 1998 following a referral from the housing inspector working the case.
The property was vacant and the owner had made no effort to correct code violations nor ha
established any contact with the inspector. The order to repair did not result in any improvements
to the structure; therefore, the case was referred to the Housing Board of Appeals on December 3,
1998. No one appeared at the meeting to contest the department's recommendation that the
structure be demolished and there has been no contact with the owner since the Board's action.
Property taxes for 1993 through 1998 are due. The estimated cost of bringing the property into
compliance with City codes is $20,000 • $24,000.
Attached are copies of the minutes of the December 1998 meeting of the Housing Board of
Appeals, the findings of fact and order of the Board dated December 4, 1998 and the findings from
a September 9, 1998 inspection of the property.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended giving the
interested party six months to obtain and bring the property up to code, and that the interested party
submit a written timetable on the scheduled repairs and that a building permit be pulled within 30
days for repairs.
e. Request for Encroachment Agreement - Muskegon County Transit System.
ENGINEERING
FEBRUARY 9, 1999 6
NEWCASES: .
-47 -1698 DYSON (GARAGE)- MCA MORTGAGE CORP.
23999 NORTHWESTERN HIGHWAY
SOUTHFIELD, MI. 48075
No one was in att e. It was reported that there have been about 1 e reports on this
property. Greg Borgm ported by Randy Mackie, made am o declare the garage at
1698 Dyson to be unsafe, s dard, a public nuisance and d to the City Commission for
concurrence. A roll call vote w
AYES: NAYS:
Clint Todd None
Bob Johnson
Greg Borgman
Fred Nielsen
Randy Mackie
•. JohnW
#98-50 - 388 CATAWBA (HOUSE) - ANNIE CHURCHWELL, 388 CATAWBA
· Dan Schmelzinger said that there has been no contact from anyone. Staff recommendation is to
declare the structure substandard. Randy Mackie, supported by Robert Johnson, made a motion
to accept staff recommendation and declare the structure at 388 Catawba to be unsafe,
substandard, a public nuisance and forward to the City Commission for concurrence. A roll call
vote was taken:
AYES: NAYS: EXCUSED:
Clint Todd None Boyd Arthur
Bob Johnson
Greg Borgman
Fred Nielsen
Randy Mackie
John Warner
The motion carried.
e a enda. Dan Sclunelzinger explained that it is owner
occupied and she as some 1 uld be on next
month's agenda. Dan Schmelzinger said that it would.
5
61"714-6708
FAX1714-4171
c.......,.
6 I"714-6713
FAX/716-5617
C"mlSemce
61"714-6716
FAX/714-6790
Clerk
616/724-6705
FAX1714-4171
DATE: December 4, 1998
Co••· & Nef&h.
S,mu,
&161124-6717 CASE:
FAXn16-1501
#98-50- 388 Catawba
£n1,inccrinc
616/714-6707 Anni~ Churchwell
FAX!717«6904 388 Catawba
Finance Muskegon, Mi. 49442
616171-1-6713
FAxn14-6761
Equivest Ltd. Partnership
Fire Dept.
616/714-6792
% Ketih Sotiroff
FAxnlU9S5 30400 Telegraph Road, Suite 444
"'- lnCOmC TH
Bingham Farms, Mi. 48025
616n1U770
FAxnl4-6768
FINDING OF FACTS AND ORDER
Info. Systems
616/724-6975
FA:<n24-6768 The following action was taken at a session of the Muskegon Housing Board of Appeals
held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the 3rd of October
Leisure- Service
,1,nU-670-4 1998. .
FAX/724-6790
\lanacer's Office The Neighborhood and Construction Services Department of the City of Muskegon, having
616nU-67U
FA'.\'.n22-1l14
inspected the building structure located upon the property described as Lot 6, Block 263 also
known as 388 Catawba found the conditions listed on the attached pages exist and that these
Mayor's Office
6l6n:U-6701 conditions are hazardous as defined in Section 4-23 of the Code of Ordinances.
FAX/712-1114
r,,;cich. & Const. The Board further found that these conditions exist to the extent of endangering life, safety
Services
616/714-6715
and the general welfare of the public.
FA:<nl&-2501
Plannin&:fZoninc
Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
616/714--6701 declared to be unsafe, substandard and a public nuisance.
FAxnl4-6790
Police Dept. It is, therefore, ordered that the owners or other interested parties take such action to repair
616/724-6750
FA:<n21-Sl40 or remove said structure, or appeal this order within 20 days of the receipt of this order.
Public Works
616/72 ....... 100 It is further ordered that if the owners or other interested parties fail to repair or remove said
FAX/721-4188 structure, or appeal this order within 20 days of the receipt of this order, the Building
Treasurer Official shall take bids and remove said structure.
616/71Uno
FAX1714-6768
Water Dept.
616/714-6718
FA:<n14-6768
Water Fillnlion
6161714-4106
FAXl7S~~l90 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
DANGEROUS BUILDING INSPECTION
9/09/98
388CATAWBA
RESIDENTIAL DWELLING
1. Missing siding
2. Rotting soffi.t
3. Broken windows and sash damage
4. Chimney missing brick, in state of collapse
5. Garage door deteriorated beyond repair
6. Deteriorated foundation
7. Guard rails falling off of exterior steps
8. Peeling paint on entire house
9. Infestation of rodents
10. H117.81'dous and unsanitary premises, garbage and numerous cumbustibles in home
11. Interior ceiling damage - drywall - ceiling joists
•. 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.
?HENRY¾'£ TINOWSKI, BUILDING INSPECTOR TI DATE
CONCURRED IN Q~ ~
v4'~ MC 0UILDINGOFFICIAL
Date: January 25, 2000
To: Honorable Mayor and City Commissioners
From: Inspection Services Department
RE: Concurrence with Housing Board of Appeals
Finding and Order for 449 McLaughlin
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 449 McLaughlin
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:
This property has been in a state of substantial disrepair since at least
June of 1998. The housing inspector referred the case as a dangerous
building and a notice to repair or demolish was issued on June 2, 1998.
The case was referred to the Housing Board of Appeals on August 5,
1999 because the owner made no attempt to correct the violations
stated in the order.
No one appeared at the meeting on behalf of the owner and the Board
found the property to be unsafe, substandard and a public nuisance and
ordered it demolished. 449 McLaughlin and 447 McLaughlin occupied
the same lot. 447 McLaughlin was brought before the City Commission
and the City Commission concurred in the demolition of 447
McLaughlin. 447 McLaughlin is one of the properties originally owned
by Jonathon Brandel and is now in the hands of Spectrum Mortgage
Group, Inc. The house has been boarded up a number of different
times, has been a home to cats and varmits. The front lower apartment
had been occupied for months with no water.
Delinquent taxes for winter of 1997, 1998 and 1999 are owed as well as
board up costs, sidewalk assessment and delinquent water bill for a total
of $8,890.61.
The estimated cost of bringing the property into compliance with City
codes of about $30,000.
Attached are copies of the minutes of the August 5, 1999 meeting of the
Housing Board of Appeals, the findings of fact and order of the Board
dated August 10, 1999 and the inspection report dated 4/12/99.
COMMITTEE RECOMMENDATION:
The Committee of the Whole will consider this item at its meeting on
January 24, 2000.
Housing Board of Appeals
August 5, 1999
#99-25 - 449 McLaughlin - Jonathon Brandel, 480 E. Apple
Premier one Properties, 1167 Peck
Spectrum Mortgage Group, Inc., P. 0. Box 871214
Canton, Mi. 48187
Bob Grabinski said that Jonathon Brandel no longer owns this. It has gone back to the
mmtgage company. It is not occupied. Complaints have been received from a neighbor
who is tired of the mice and cats coming from it. We took down 447 McLaughlin which
was on the same property. Robert Johnson made a motion, supported by Randy Mackie,
to declare the structure unsafe, substandard, a public nuisance and forward to the City
Commission for concurrence. A roll call vote was taken.
AYES: NAYS: ABSENT: EXCUSED:
John Warner William Anderson
Robett Johnson Fred Nielsen
Randy Mackie
Greg Borgman
Clint Todd
Motion carried.
Affirmative Action
616n24-670J
'-~2•1214
-'sstt50r
616n2u1os
FAxn24--4178
Cemetery
6t6n24-67SJ
FAXn26--5617
Civil Service
6t6n24-6716
FAxn24-6790 West Mldtlgan's Sborellne Oty
Clerk MUSKEGON HOUSING BOARD OF APPEALS
6t6n24-67os
FAxn24-4178
DATE: August 10, 1999
Comm. & Neigh.
Services
6t6n24-6717 CASE: 99-25 - 449 McLaughlin
FAxn26-2501
Engineering
Spectrum Mortgage Group, Inc. Premier One Properties Jonathon Brandel
6t6n24-6707
FAxn27.6904 P. 0. Box 871214 1167 Peck St. 480E. Apple
Finance
Canton, Mi. 48187 Muskgon,Mi.49441 Muskegon, Mi. 49442
616n24-67IJ
FAxn24-6768
<. FINDING OF FACTS AND ORDER
Fire Dept.
616n2u192
FAxn24-6985 The following action was taken at a session of the Muskegon Housing Board of Appeals
held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the 5th of August
lncoau~ Tax
6I6n24-6770 1999.
FAXn24-6768
Info, Systems The Neighborhood and Construction Services Department of the City of Muskegon, having
6I6n24-6975
FAxn24-6768
inspected the building structure located upon the property described as Lot 2, Block 94 also
known as 449 McLaughlin found the conditions listed on the attached pages exist and that
Leisure Service
6!6n24-6704 these conditions are hazardous as defined in Section 4-23 of the Code of Ordinances.
FAxn24-6790
!\tanager's Office The Board further found that these conditions exist to the extent of endangering life, safety
616/724.6724
FAX/722•1214
and the general welfare of the public.
Mayor's Office
616/724-6701
Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
FAX/722-1214 declared to be unsafe, substandard and a public nuisance.
Neigh. & Const.
Services It is, therefore, ordered that the owners or other interested parties take such action to repair
616/724-6715
FAX/726--2501 or remove said structure, or appeal this order within 20 days of the receipt of this order.
Planning/Zoning
616/724-6702 It is further ordered that if the owners or other interested parties fail to repair or remove said
FAX1724-6790 structure, or appeal this order within 20 days of the receipt of this order, the Building
Police Dept. Official shall take bids and remove said structure.
616/724-6750
FAX/722-5140
Public Works
616/724-4!00
FAxn22.4l88
Treasurer
616/724-6720
FAX/724-6768
Waler Depl.
616/724-6718
FAX/724-6768
Waler Fillration
616/72-t-4106
FAxnSS-52\>0 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
!f you wish to appeal this order, you must do SQ. within twenty days. You inay obtain the
appeal focm .at the City's Neighborhood and Construction Services Department
(Inspections), City Hall, 933 Tmace Street.
OARD OF APPEALS
-,..:, , .
, .... ._ ...
RP;SIDBN11AL DWELLING
1. Numerous broken out windows.
2. Fcmodation wall is in need of tq>air-opcn gaps in blocks.
3. Rotting siding-paint chipping on home.
4. Front entry steps arc separating.
S. Upper stairway in back of home in need of repair-guardrails and siding on landing
.. .. arc loose.
6. Roof covering repair needed on home.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE DOES MEETTHB DEFINITION OF A .
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
f
~ y ALTINOWSKI, BUILDING INSPECTOR I I · DATE
CONCURREDIN, 0~ $ ~
/iE~CINTYRE~ DiNGOFFICIAL
/ Affirmative :\cllon
/ 6\61724-6703
,/"
Assessor
616/72-J.6708
Cemetery
6161724-6783
Clvll Service We8t Michigan's Sborellne (lty
616/72-1·6716
NOTICE AND ORDER
Clerk
616/724·6705
June 2, 1999
C. N. Services
616/724·6717
Jonathon Brandel
Engineering 500 W. Western Avenue
6161724-6707
Muskegon, Mi. 49440
_.,_ Flnan~ce ·
6 l 6/724-6713 Premier One Prop.erties
I 167 Peck Street
Muskegon, Mi. 49441
Fire Dept.
6161724-6792
Dear Property Owner:
Income Tax
616172-1-6770 Subject: 449 McLaughlin
Lot 2, Block 94
Inspections
6 I 6172-J.67 15
The City of Muskegon Building Official has recently inspected the subject property and has
found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City ·
Leisure Service Code.
616172-J.6704
As a result of this finding, you are hereby ordered to REP AIR or DEMOLISH the
.llanager·s OFl!ce
616172+6724
structures within thirty (30) days.
If you elect to repair the structures, you must secure all required permits and physically
Mayor's omce
6161724-6701 commence the work within thirty (30) days from the date of this order.
Planning/Zoning
Should you have any questions concerning this matter, please do not hesitate to contact our
6161724-6702 Building Official, Jerry McIntyre at 724-6715.
Police Dept. Sincerely yours,
6161724-6750
Public Works
6161726-4786
Daniel Schmelzinger
Director, Neighborhood and Constructi
Treasurer
616172-t-6720 C: Spec.;tl!.um Mol!.;tga.ge Gil.a up, Inc..
P. O. Box. 871214, Ca.11;to11, M-<.. 48187 7/29/99
Water Dept.
616172-t.67]8
City of Muskegon. 933 Terrace Street, P.O. Box 536, ~luskegon. Michigan 49443·0536
DANGEROUS BUILDING INSPECTION
4/12/99
449 MCLAUGHLIN
RESIDENTIAL DWELLING
1. Numerous broken out windows.
2. Foundation wall is in need of repair - open gaps in blocks.
3. Rotting siding - paint chipping on home.
4. Front entry steps are separating.
5. Upper stairway in back of home in need of repair - guardrails and siding on landing
are loose.
6. Roof covering repair needed on home.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE DOES MEET THE DEFINITION OF A
• DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
NRYlALTINOWSKI, BUILDING INSPECTOR I I . DATE
CITY OF MUSKEGON INSPECTION REPORT
June 5, 1998 AT 11: 07 a. m. FOR MCLAUGHLIN 449 PAGE 1
FINAL NOTICE
No Cat Violation
--- --- ==================================================-=--=---=-=====
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 APT. 3 REAR HOUSE BATH
Does not have a duplex receptacle - when installed it must be
GFIC.
4 A APT. 3 REAR HOUSE TUB ROOM
Sewer line is open letting sewer gas escaoe .
• 5 'B EXTERIOR
Siding is loose or falling off.
6 A EXTERIOR
Window has broken or cracked glass~
7 B EXTERIOR - FRONT HOUSE
trim and siding peeling paint.
8 B EXTERIOR - REAR HOUSE
siding corners missing~
9 E EXTERIOR - WINDOWS
sci·-·eens mis'::-ing.
10 B EXTERIOR FRONT HOUSE
Has peeling paint and is not protected from weather by
properly applied water-resistar1t paint or· water • ro • f finish.
11 ~XT:~RIDR NOTE:
Fron~ ar!d rear building is vacant 2!7d open -- no resp~nse fr • Ll
cJv-Jnei--·.
12 B EXTERIOR REAR - WINDOWS AND TRIM
Has peeling paint 3~d is not protected from wea·ths: bv
prcperly applied water-resis~ant paint or watar·p~o • f finish.
ENC, DF LI :,T
NOTICE OF RESOLUTION
DANGEROUS BUILDING PROCEEDING
TO ALL INTERESTED PARTIES:
TAKE NOTICE that the City Commission for the City of Muskegon has
adopted a resolution finding that the building located on the following described
property constitutes a dangerous building and shall be demolished. The resolution
was adopted by the City Commission on January 25, 2000. The property is
described as follows:
Lot 2, Block 94 also known as 449 McLaughlin, City of Muskegon
Any person interested in the property should consult with the Office of the
City clerk for the City of Muskegon, for further information.
WITNESSES: CITY OF MUSKEGON
9/IY>,4 ('n:b1d r4)
WITNESSES:
·/ . 7 ../J--t..i
BY&t.u½ailA.Kundinger
Its Clerk
<cl 121ia &ired
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this ,'JatJ day of
Ee /2 c1 q C,,: , 2000, by Gail Kundinger as City Clerk on behalf of the City of
Muskegon. ,./ A /7-,Lj_
ctr/nLr!a w. 1;;-,r,,w1-
Notary Public J,-,.,clct S d rh','
Muskegon County, Michigan
My Commission Expires: 7'-d.s--rJ;?
This document prepared by and return to:
City of Muskegon, Inspection Services
P. 0. Box536
Muskegon, Mi. 49443-0536
Commission Meeting Date: January 25, 2000
Date: January 19, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development (Jjc__
RE: Public Hearing - Request for the Transfer of Industrial
Facilities Exemption Certificate No. 98-624 • Source One
Signs
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, Source One Signs, 1756 Lakeshore
Drive, Muskegon, Michigan, manufacturer of fleet and vinyl graphics, interior store
signage and exterior signage, has requested the transfer of an Industrial Facilities
Exemption Certificate from Fruitport Township to the City of Muskegon. Total capital
investment for this project is $468,000 in personal property. The project will not result
in the creation or retention of any employment opportunities. Source One Signs has a
current workforce of 19 employees.
FINANCIAL IMPACT:
The City will capture certain additional property taxes generated by the expansion.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting the transfer of Industrial Facilities
Exemption Certificate No.98-624 for a term of six (6) years.
COMMITTEE RECOMMENDATION:
The Committee of the Whole will review this request at their meeting to be held on
January 24, 2000.
1/19/2000
Resolution No. 2000-20 (a)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR THE TRANSFER
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE NO. 98-624
SOURCE ONE SIGNS
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hec!ring held on
October 26, 1999, this Commission by resolution established an Industrial Development
District# 99-102(b) as requested by Source One Signs, 1756 Lakeshore Drive, Muskegon,
Michigan, 49442; and
WHEREAS, Source One Signs, Inc. has filed an application for the transfer of Industrial Facilities Tax
Exemption Certificate No. 98-624 with respect to a new machinery and equipment to be installed
within the Industrial Development district #99-102(b); and
WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on
January 25, 2000 at the Muskegon City Hall in Muskegon, Michigan at 5:30 p.m. at which hearing
the applicant, the assessor and representatives of the affected taxing units were given written
notice and were afforded an opportunity to be heard on said application; and
WHEREAS, installation of machinery and equipment had not begun earlier than six (6) months before
December 28, 1999, the date of the acceptance of the application for the transfer of Industrial
Facilities Tax Exemption Certificate No. 98-624; and
WHEREAS, installation of machinery and equipment is calculated to and will have the reasonable
likelihood to retain, create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of
Muskegon, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the
SEV of personal and real property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of
Muskegon, Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered
together with the aggregate amount of certificates previously granted and currently in force
under Act No. 198 of the Public Act of 1974 as amended and Act No. 255 of the Public Acts
of 1978 as amended shall not have the effect of substantially impeding the operation of the
City of Muskegon or impairing the financial soundness of a taxing unit which levies ad
valorem property taxes in the City of Muskegon.
2) The application of Source One Signs, for the transfer of Industrial Facilities Tax Exemption
Certificate No. 98-624 with respect to installation of new machinery and equipment on the
following described parcel of real property situated within the City of Muskegon Industrial
Development District # 99-102(b) to wit:
Lot 10 and the North 1/2 of Lot 11, Block 609, revised plat of the City of Muskegon,
according to the recorded plat thereof in Uber 3 of Plats, Page 71, Muskegon County
Records. City of Muskegon, County of Muskegon, State of Michigan
And
1/19/00 2
Lot 12 and the South 1/2 of Lot 11, Block 609, revised plat of the City of Muskegon,
According to the recorded plat thereof in Uber 3 of Plats, Page 71, Muskegon County
Records. City of Muskegon, County of Muskegon, State of Michigan.
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force
and effect for a period of six (6) years on personal property.
Adopted this 25th Day of January 2000
Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler
Nays: None
Absent: None
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting eld on January 25,
2000.
1/19/00 3
City of Muskegon
Industrial Facilities Exemption Application
Summary Sheet
Company Summary:
Source One Signs, 1756 Lakeshore Drive, Muskegon, Ml is requesting the transfer of an
Industrial Facilities Exemption Certificate from Fruitport Township. The transfer will include the
relocation of machinery, equipment, and furniture and fixtures to the company's new facility at the
above noted address. The transfer of the Certificate will conclude a project by Source One Signs
to consolidate all the company's facilities in the City of Muskegon. The principle type of business
conducted by the company is the manufacture of fleet and vinyl graphics, interior store signage,
and exterior signage.
Employment Information:
Racial Characteristics:
White I'\
Minority a
Total
Gender Characteristics:
Male 9
Female lO
Total
Total No. of Anticipated New Jobs: ¢
Investment Information:
Real Property:
Personal Property
Total:
Property Tax Information: (Annual)
Total New Taxes Generated ~\'2 I loSI..
Value of Abatement """, 3\'il
Total New Taxes Collected ~l,, ,3\'is
Income Tax Information: (Annual)
Total Additional Income Tax Generated: ¢
Company Requirements:
~
Adopted Affirmative Action Policy No
Meeting w/ City Affirmative Action Director No
Signed Tax Abatement Contract Yes No
Taxes Paid In Full Yes No
Appropriate Zoning Yes No
#.h-~
'Matthew Duge~
Business Development
Ken James
Affirmative Action
MEMORANDUM 01-00-005
To: City Commission
From: Ken James, Affirmative Action Director
Matt Dugener, Business Development Specialist
Date: January 18 2000
RE: Source One Signs - Request for Tax Abatement
Per the instruction of City Commission, the Planning & Economic Development and
Affirmative Action Departments have researched any previous abatements granted to
Source One Signs.
Source One Signs received their first tax abatement for a new facility on October 26,
1999. The most recent request for the transfer of an existing abatement on personal
property from Fruitport Township is directly related to the new facility built in 1999. The
personal property listed in the request for transfer will be housed in the new facility. As
such, the transfer of equipment is a portion of one project.
Due to the recent issuance of Source One's first abatement, there is no monitoring data
relating to their performance of meeting the employment and investment figures
promised in the October 1999 application. All applicants have a term of two years in
which to meet the employment and investment figures outlined in an application.
Source One has agreed to create three new employment opportunities as a result of the
tax abatement issued in October 1999. In a recent conversation with Source One, it was
disclosed that, to date, none of those jobs have been filled (partially due to the fact that
the machinery being transferred has not be fully installed at their Muskegon location).
As a condition of receiving both the new abatement (October 1999) and the transfer of
the existing abatement from Fruitport Township, Source One Signs has promised to
create 3 new jobs and has agreed to work with the City of Muskegon to fill the three new
employment positions as well as any other jobs that may become available in the future.
.•PLICATION FOR IND!JSTRIALFACIUTIES EXEMPTION CERTIFICATE
This fonn is issued as provided by P.A. 198 of 1974, as amended. Section references on this fonn are to specific sections of the act that
<plain or require the data. Filing of this fonn is voluntary. The application should be filed after the districtls established and no ·
later than (within) six months after the commencement of the project. This project-will not receive tax benefits until approved by the•
State Tax Commission. -.. -, · ·
INSTRUCTIONS: Read the Instructions on page 4 before completing this application. File the original and four copies of this fonn and
the required attachments (five complete sets) with the clerk of the local government unit. (The State Tax Commission
requires four complete sets (one original and three copies)). One copy is retained by the clerk.
., .
TO BE COMPLETED BY CLERK OF LOCAL GOVERNMENT UNIT THIS SECTION FOR USE BY THE OFFICE OF
Cletkmust also complete sections 19 and 20, page 3. THE STATE TAX COMMISSION
Signature . Application No.
Date Received Oate Received IWritten Agreement?
Applicant do not write above this line Begin entries at 1below.
DvEs • No
ta AppHcant(Company) Name {Applicant must be the occupantloperator_of the facllity) b. Standard Industrial Classification Code (Sec. 2(10))
Source One Si.e;ns Four Oigit Code w .:l I 9 I 9 13·
c. Company Mailing Address (No. and Slreel, P.0. Box, City, State. ZIP) First time applicants attach copy of Worker's
1 7'ifi T ~ke~bore Dri.ve Muske"on. MI 49441 Compensation policy displaying workers codes
d. Location of Facility(No. and Street, City, Slate, ?JP) (Attach Legal Oescriplion) e. City/TwpNillage f. County
le"al descriotion· attached . Muske.<>on Muskegon
2. Type of Approval Requested 3. School District Where Faci1ily is Located a. School· Code
0 NEW (SEC. 2(4i) • .SPECULATIVE (SEC.
BUILDING 3(8)) MLiske.11:on 61.01.0 ..- -·.
KX TRANSFER (of existing certirtcate) {1 copy only) 4. How Many Years or Exemption Requested? (See note in box· 19 regarding
• REHABILITATION (SEC. 3(1)) • RESEARCH DEVELOPMEt<T (SEC.
and
5. ExplainApplicarlt's Ptincipal Type of Business (Detailed description of operations)
2(9)) Inclusion of the words •after completion.") 11-.: - . -- -
Manufacture fleet and vinyl e;raohics, interior store sh;nage and ext.er.io
' ' '
signage. - .. - '
'
6a. Rehabilltatlon AppH~nts Only: ~eneral Oe'.scri9Uon and Use of Exlsting Facility (Number of buildings, type, size, use, products manufactured, type of res~rchion:leyelopment} ·"
• '
-, .
, .. , ,.....
N/A .
~-~
b. Explain Degree and Type of Obsolescence Affecting Existing Facility.
.. -
N/A ..
7. Describe Project for Which Exemplion Is Souijht (Type al Improvements to Land, Building; Size of AddiUon; Personal Property Acquired- Explain New - Used,::rransfere(I from •
Out-of-State,- etctl and Proposed Use of Facility . . .· _ - . . .
Transfer of personal oroperty from Industrial Facili•ties Exemption .. - ---- -
/Ir, r,
#98-624 •
l
'
. .. •.••·
-
'
a. a. Cost of land improvements (Itemize) Excluding cost of land $ a.
b. Cost of building improvements. (Ust major types·& cost on attachment.)
Building permit required (See inslructions ·on page 4, item 4) ....
C. Cost of machinery and equipment. (Itemize: month, day & yea_r and total
on attachment; see Instructions on page 4, ttem 2) • $414,500
d. Cost of furniture and fixtures. (Itemize: month, day & year on
"·
attachment; see Instructions on page 4, Item 2) r( .
0
53, 500
.
$468,000
TOTAL PROJECT COST
---- - $ !
•.continue on Page 2
within a two year perio,l. (See Instructions, page 4, Items 2 and 4.)
NO'.TICE AFTER DEC. 31, 1983: Section 9 (2) (c) specifies that restoration, replacement or construction commence not earlier than
6 months before this application Is filed. Estimate dates when applicable.
I
- Begin (M/DN) End(M/D/Y)
THIS SECTION MUST BE COMPLETED
WITH ACTUAL DATES. (REFERENCE TO Real Property Improvements:
SEEA TTACHMENTS NOT ACCEPTABLE).
Personal Property Improvements: 10/1/98 10/1/00
10a Are the Buildings owned or Leased by the Operator of the Facility? f9(oWNED 0 LEASED {Attach copyof lease.)
b. ls Applicant Liable for Payment of Ad Valorem Taxes on This Property? KXYES • NO
c. Are Machinery and Equipment, Fumitur~ and Rxture~ Owned or
- Leased by the Operator of this Facility? i;.,_OWNEo" D LEASED (Altacil a-·-- of the lease.)
11. Will the Property for Which This Application is Filed be Included in an:
-
a. State Enterprise Zone or State Renaissance Zone 0 YES Kl!- NO
b. 307 Site Contaminated Property File Number
Cleric's Certification
0 YES 1QI: NO
12. 11 State Education Taxes are abated, attach Michigan Jobs Commission Letter of CommitmenL ~
a. Enter total number of employees at site prior to start of project. l9
b. Number of existing jobs that can be.identified at this site that will be retained as a result of this project? ·•·•······ a
c. Number of new jobs at this site expected to be created within 2 years of project completion? u
13. Has the project caused or will it cause, a relocation of employmentfrom one or more
Michigan governmental units to the unit in which the project is or will be located? •
a. DYES. iQg I
NO b. Number of Jobs Involved in Facility Rel.,,,;.tion I c. P,evious Location of F~cility (City, To'."'shlp, v_mag_e)
d. Attach a certified copy of the resolution passed by the governmental unit from which employment is
to be transferred' consentina to !!le transfer of employment. Date resolution was adopted _ ·
14. Rehabilltation applications: Compleie a, b and c. Attach assessor's statement of valuation for the entire plant rehabllltatton districl
a. sev of Real Property (Exclude Land) b. SEV of Personal Property (Exclude lnVentory) c. TotalSEV as of Dec. 31, 19__-_"·-
N/A I
l5a The Facility Is Located In the following Type of
N/A I N/A
District Established by 1he Local Governing Untt: b. Nam_e of Governing Unit that Established District c. Date District was Established
[]l INDUSTRIALDEVELOPMENT DISTRICT
City.of Muske~on Attach c{,Q/e} .\ia(?o?resolution
D PLANT REHABILITATION D[STRICT and drawing of district.
NOTICE AFTER DEC. 31, 1983: Seclion 9(2)(b) provides _thata written request (Date stamped by local uni!) to establish the district MUST be filed prior to
the commencement of any improvements or construction. Please lumlsh a copy of the written request. _ ·-
6a. ls This Applicatton for a Speculative Building (Sec.·3(8))? 1xJ NO- Go to 17 below D YES- Complete b, c and d
b. Name of Governmental Unit Which Passed Resolutlon to Establish a Speculative Building. c. Date of Resolution (Attach copy)
d. Date O! Construction Commenced (See page 4, item 4)
e. Attach a Certified statement from the building owner and asf!essor that the building
has not been occupied since completion of construction. (See page 4, item 13.)
.;;- .. D Owner D Assessor
17. Complete this section if appllcatlon is for a reCc'acem8nt fa"clllty which will not be' located on ·the ·same site or contiguous to the obSoiete.facflity.
The obsolete facility wm be disposed of as to lows: .. _ _ _ .
N/A
- .-·~--Continue on Page 3
. ,e undersigned, authdrized officer of the company making this application certifies that, to th~ best of his/her knowledge, no
information contained herein or in the attachments hereto is false in any way and that all are truly descriptive of the industrial
property for which· this application 1s being submitted.
It is further certified that the undersigned is familiar with the provisions ;;t' P.A. 198 of 1974, as amended, being Sections
207.551 to 207.572, inclusive, of the Michigan Compiled Laws; and to the best of his/her knowledge and belief, (s)he has
complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the appllcation
by the local unit of government and the issuance of an Industrial Facilities Exemption Certificate
•
py
the State Tax Commission.
¼
18. Name of Person-toConta.ct for Further Information
Randy Crow or Jarre.Savide;e
TIiie
Pres/Office Me;r
I
Phone
231-759-3160
Maffing Address
1756 Lakeshore Drive, Muskee;on, · MI 49441 .. - .
Type Name of Company Officer
Randv Crow ,,,- -"TQ•-~ ~ ;,:/~I )
Tttle Date ( .
Pr.esiderrt December 17, 1999 . -· ---- . .
LOCAL GOVERNMENT ACTION
This section is to be completed by the clerk of the focal governing unit before submitting application to the
State Tax Commission · ·"
19, Action Taken
DOCUMENTS REQUIRED
.0 1. Application plus attachments. (See lnsl.-P!J. 4, II l-7)
0 ABATEMENT APPROVED FOR - - - - Years 0 2. Notice to the public prior to hearing to establish dislricC: · -
0 3. Resolution eslabllshing district.
Ending December 30, _ _ __ 0 4. Notice to taxing authorities prior to hearing to approve· : -- ·
(notto exceed12 years after projectcompletian} application. ..
There are cin:umstances In which the words ·atterccmpletian· could 0 5. list.of taxing authorities notified. ··
extend the length of the exemption by 2 to 3 years. Please call the 0 6. Resolution approving app_iication. , - ... ·~' •·:; .. ,
Property Tax Division at (517) 373-2408 ff a further explanation ts 0 7. (a} Letter of Agreement (Signed by local unit: and , 7".· • ··
needed. appllcant)per PA. 334 of 1993. ' - 0 ":0 -
(b)Affidavit of Fees (E!ulletin 3, 1/16/98)'- j
.• DISAPPROVED 0
0
8. 3222'(formerfyT-1044A) (ifapplicablej.'..,_J ::;::s:;.PPR'.'i 'Pi'.
9. Speculative building resoh,1tlon & afflcf/udls.: _ .. __ . _'""'··
20. Name. of Local Gove~nt Body Date cf Actfon on Thls Application
:.;.•
Attached hereto i_s a copy of the application and all documents required.
Signatureof Clerk -· Phone
Data
-~
.;
C!erk's Mailing Address .
Clty ZIP Code
., ·,~,.- .
., ... _.. ··--·-· ,· _.,..,,.,,.
State Tax Commission Rule Number 57:
Complete applications approved by the local unit and received by the State Tax Commission by Octdber ~'f'Wiil'be ;: ''' ·:~-·
acted upon by December 31. · ·
Annfications received after October 31 will be acted unon in the followina vear,
Mail completed·appllcation and all attachm·ents 19:.
State Tax Commission
Michigan Department of Treasury
P.O. Box 30471
Lanslng;:Mlchlgan 48909-7971
If you have any questions, please call (51ft,'~713-2108-or 373•3302. ., .. , ...
Muskegon Lake
Ruddiman Lagoon
Date: January 25, 2000
To: Honorable Mayor and City Commissioners
From: Inspection Services Department
RE: Concurrence with Housing Board of Appeals
Finding and Order for 451 White
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 451 White 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:
This property has been in a state of substantial disrepair since at least
1992. The housing inspector referred the case as a dangerous building
and a notice to repair or demolish was issued on November 3, 1997.
The case was referred to the Housing Board of Appeals on January 8,
1998 because the owner made no attempt to correct the violations
stated in the order.
No one appeared at the meeting on behalf of the owner and the Board
found the property to be unsafe, substandard and a public nuisance and
ordered it demolished. It was brought before the Committee of the
Whole on 5/11/98. Action was halted by court action, which required
that the Housing Board of Appeals provide a new hearing because Mr.
Seals had not been notified. 451 White was reheard at the October 1,
1998 meeting attended by Mr. Seals and his attorney. The Board
declared the building to be unsafe, substandard and a public nuisance
and forward to the City Commission for Concurrence. His attorney filed
a Claim of Appeal requested 60 days to make the corrections. Little
progress has been made so it was again returned to the Housing Board
of Appeals on December 2, 1999 who again declared the building to be
unsafe, substandard and a public nuisance. A findings of fact and order
was sent our December 8, 1999 ordering that the owner or interested
parties take such action to repair or remove said structure, or appeal this
order within 20 days of the receipt of this order. To date we have heard
nothing from the owner and little progress has been made on the
structure.
When first brought to the City Commission for concurrence, it was
estimated that the cost of bringing the property into compliance with City
codes would be in the range of $21,000 - $25,000. Property taxes for
1994, 1995, 1996, and 1997 were delinquent.
Attached are copies of the minutes of the January 8, 1998 meeting of
the Housing Board of Appeals, the findings of fact and order of the
Board dated 1/12/98, and December 8, 1999, and the October 27, 1997
and January 21, 1998 inspections.
COMMITTEE RECOMMENDATION:
The Committee of the Whole will consider this item at its meeting on
January 24, 2000.
/Jo.ffirmative Action
/ 6!6nU.. 6703
FAX1722-1214
-\ssessor
616nH-6708
FAxn24-4178
Cemetery
6t6n24-678J
FAxn26-S6l7
Civil Service
616n24-6716
FAxn24-6790 West Mlcblgan's Sborellne Oty
Clerk MUSKEGON HOUSING BOARD OF APPEALS
6t6n24-670S
FAxn24-4178
Comm. & Neigh,
DATE: December 8, 1999
Services
616/724-6717
FAxn26--2S01
CASE: #97-99-451 White
Engineering
616n24-6707
FAX1727-6904 Curtis Seals
Finance 2124 Eighth
616/724-6713 Muskegon,Mi.49444
•.
FAX/724-6768
Fire Dept.
FINDING OF FACTS AND ORDER
616/724-6792
FAX/72.J.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, Michigan on the December 2,
FAX/724-6768
1999
Info. Systems
616/724-6975
FAX/72-1-6768 The Neighborhood and Construction Services Department of the City of Muskegon, having
inspected the building structure located upon the property described as West ½ of Lots 1
Leisure Service
616/72+-6704 and 14, Block 44 also known as 451 White found the conditions listed on the attached
FAX1724-6790 pages exist and that these conditions are hazardous as defined in Section 4-23 of the Code of
\tanager's Office Ordinances.
616/724-6724
f..\X/722•12l4
The Board further found that these conditions exist to the extent of endangering life, safety
.\layor's Office
616/724-670 I and the general welfare of the public.
f.-\X/722-1214
;-.;eigh. & Const. Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
Services declared to be unsafe, substandard and a public nuisance.
616/724-6715
F.-\X/726-250 I
It is, therefore, ordered that the owners or other interested parties take such action to repair
Planning/Zoning
616/724-6702 or remove said structure, or appeal this order within 20 days of the receipt of this order.
FAX/72-1-6790
Police Dept. It is further ordered that if the owners or other interested parties fail to repair or remove said
616/714-6750
FAX/722-5140 structure, or appeal this order within 20 days of the receipt ofthis order, the Building
Official shall take bids and remove said structure.
Public Works
616/724-4100
FAX/722-4188
Treasurer
616/724-6720
FAX/724-.. 6768
\'tater Depl.
616/724-6718
FA\n2+6768
Water Filtralion
6161724-4106
F.-\:\/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
DANGEROUS BUILDING INSPECTION
451 WHl'l'E
1/21/98
Structural
1. Building is boarded up.
2. Windows broken.
' Building is unsecured.
J.
4. Window sills and frames rotted and deteriorated.
5. Properly support and fasten floor joist over furnace and around new stairs.
6. Handrail and guardrails required on stairs.
7. Fire stop under stairs and between floors.
8. Repair and properly size floor joist near new basement stairs.
~
Electrical
l . Wiring is exposed.
2. Smoke detectors required per code.
Plumbing/Mechanical
l. :--ieed compiete heating system installed per 1996 International Mechanical Code
requirements.
2. Needs all new water distribution piping installed per 1997 International Plumbing
Code requirements.
3. Need kitchen sink and waste lines.
4. New water heater needed and all gas piping tested.
5. Bathroom needs all new fixtures.
6. Heat runs must be provided to all habitable rooms.
7. Chimney must be certified safe.
~U(
Building Inspector
MUSKEGON HOUSING BOARD OF APPEALS
JANUARY 8, 1998
PAGE7
#97-96 - 461 OAK- JEWELL WILLIAMS, 461 OAK ST., MUSKEGON, MI.
#97-98 -431 WlllTE- DOROTHY USHER, 559 ROSEMONT DR., DECATUR, GA.
#97-99 - 451 WlllTE -THOMAS DYKEMA, 1261 BROOKWOOD DR., MUSKEGON
No one was in attendance for these properties. Robert Johnson made a motion, supported by
Randy Mackie to declare 431 White, 451 White, and 461 Oak to be unsafe, substandard and a
public nuisance and forward them to the City Commission for concurrence. A roll call vote was
taken:
AYES: NAYS: EXCUSED:
Greg Borgman None Clint Todd
Fred Nielsen
Randy Mackie
• John Warner
Boyd Arthur
The motion carried
-97 - 2161 VALLEY -JOHN R. ACHTERHOFF, JR., 4830 DUCK LAKE RO
WHITEHALL, MI.
as in attendance. He explained that he has had the house fo era! years and
knows the con of the house is not good. He asked for bids before o · d no one would
give him a bid. a permit out about a year ago and spent abou , 00 on the house. He
sold the house on a lan act and now has it back again. He s · at he has received a bid
from someone to make the r · s. He would hope to have it in 90 days. The
Neighborhood and Construction ices staff would like ea schedule of repairs submitted.
Greg Borgman made a motion, supp by Robert J on, to table Case #97-97 - 2 I 6 I
Valley. Mr. Achterhoff is to submit an etable for repairs to the Neighborhood and
Construction Services staff by February 1, I ere will be no need to bring it back to the
Housing Board of Appeals as long as rep · in accordance with the timetable.
AYES: NAYS:
Greg Borgman Clint Todd
Fred Nielsen
Randy Mackie
John Warner
Boyd Art
\
_..or
, 61724-670B
Cemetery
5 I 61724-6783
(\vii Service West MldllgaD's Sborellne tlty
616Ji2-Hi716
MUSKEGON HOUSING BOARD OF APPEALS
Clerk
616/724-6705
DATE: January 12, 1998
CASE: #97-99- 451 White (house)
,.; . .'i. Services
0 16/724-6717
Thomas Dykema
126 I Brookwood Dr.
En,pneertng Muskegon, Mi. 4944 l
6161724-6707
.-.Finan~ FINDING OF FACTS AND ORDER
S\6/7:!4-6713' •
The following action was taken at a session of the Muskegon Housing Board of Appeals
Fire Dept. held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the 8th day of
l 61724-6792
,j
January, l 998.
lncome Tax
ij 161724-6770 The Neighborhood and Construction Services Department of the City of Muskegon, having
inspected the building structure located upon the property described as W ½ Lots 1 & 14,
Block ~4 also known as 451 White tound the conditions listed un the attached pages exist
mu .hat :ilese .;onuiuons -ire :1.i.zarnous ~, Je:ined :n ::iec:ion ..--:3 ,Jr' :ht! Coue ,Jr'
'-, .,· .i:1-.
., . ._. ,, 7
Ordinances.
·.(!Jsure Service
116172--1•6704 The Board further found that these conditions exist to the extent of endangering life. safety
and the general welfare of the public.
'.1anac:er s omce
1 I 6/72-1-6724
Therefore. in accordance with Section 4-25 of the Code of Ordinances, the structure is
declared to be unsafe. substandard and a public nuisance.
'.1a~or '> Office
ci l 6172-H:i701
It is, therefore, ordered that the owners or other interested parties take such action to repair
or remove said structure. or appeal this order within 20 days of the receipt of this order.
:'1anmne1Zonme
i 1f:iii2-l-t)702
It is further ordered that if the owners or other interested parties fail to repair or remove said
structure. or appeal this order within 20 days of the receipt of this order. the Building
,'ollce Deol.
1161724-!HS0 Official shall take bids and remove said structll!'e.
i'utlllc Works
., I tii726·-1786
rreasurer
'i\6/724-1}720
Wai.er Dept
f-i\6172--1-6718
City of 'iluskegon. 933 Terrace Street P.O. Box 336. 'iluskegon. 'illchigan 49443-0536
DA!.'l'GEROUS BUILDING INSPECTION
451. WIDIE
10/27/97
APPROXIMATE!.Y 30 Fr X 40 Fr I 1/2 STORY WOOD FRAME UNOCCUPIED HOUSE.
I. BUlLDING rs BOARDED UP.
2. WINDOWS BROKEN.
3. EXPOSED ELECTRICAL WIRING.
4. BUlLDING rs UNSECURED.
5. WINDOW SILLS Ai.'ID FRAMES ROTTED A.!'ID DETERIORATING.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, r HAVE
~ DJ?::rERMINED THAT T.HE STRUCTURE MEETS T.HE DEFINITION OF A DAl'fGEROUS
AND/OR SUBSTA.!'IDARD Bull.DING AS SET FORTH IN SECTION 4-23 OF rnE
MUSKEGON CITY CODE.
DATE
1/JERRY--MCINTYRE, BOJlDING OFFICIAL
. ./
The motion carried.
(
#97-76-142 DELAWARE- CIGGZREE MORRIS, 2 8 PECK, MUSKEGON HTS.
Ciggzree Morris along witn omey Edward Newm r was in attendance. Stated that Ms.
Morris hasn't received an inspe ion report and do n't know what is the cause of dangerous
building. Painting and dry wall been done t Henry Faltinowski (the building inspector)
states that the foundation wall and tti omt1 needs to be completed. Ms. Morris stated that
some of the work has been done and th t do know about the foundation and exterior items.
Would like to have more time to bring it , to code. Nielsen made a motion, supported by
Mackie to supported staff recommend on t ive 60 days for an inspection and bring it back to
the February meeting. A roll call vo was take .
NAYS EXCUSED
Robert Johnson Greg Borgman
., Randy Mackie
John Warner
Clint Todd
Fred Nielsen
The motion c
#97-88 - 448 W. MUSKEGON - VIRGINIA MO <, 568 HOUSTON, MUSKEGON
Virginia Moore was presen t meeting, stated at she has been doing work and is trying to
continue with the work. It wa xplained t s. Moore that she still had time before item went
to Commission to talk to the bui · g in ctor and to pull permits to finish the work that needs
to be done. Motion made by Johnso upported by Nielsen to declare structure at 448 W.
Muskegon unsafe, substandard, a p h uisance and forward to the City Commission for
concurrence. A roll call vote wa aken:
EXCUSED
Robert Johnson Greg Borgman
Randy Mackie
John Warner
Clint Todd
#97-99 - 451 WHITE - CURTIS SEALS, 2124 EIGHTH, MUSKEGON HTS.
Curtis Seals was in attendance and stated that he has completed some work. Mr. Seals still has
time to make progress, by pulling permits and continuing to do the work . Motion made by
Johnson supported by Mackie to declare structure at 451 White unsafe, substandard, a
public nuisance and forward to the City Commission for concurrence. A roll call vote
was taken:
AYES: NAYS: ABSENT: EXCUSED:
Robert Johnson None William Anderson Greg Borgman
Randy Mackie
John Warner
Clint Todd
Fred Nielsen
The motion carried.
#98-22- 497 CATAWBA- GUADALUPE LOE 497 CAT AWBA, MUSKEGON
No one attended the meetin regarding this prop y. Robert Grabinski explained that
this was a fire case and that t repairs were s pose to be completed by January 31,
1999. No call for inspection received, ork hasn't been performed. Motion made
by Mackie, supported by Warne to supri staff recommendation to declare structure at
497 Catawba unsafe, substandard, u 1c nuisance and forward to the City Commission
for concurrence. A roll call vote wa aken:
AYES: NAYS: ABSENT: EXCUSED:
Robert Johnson Greg Borgman
Randy Mackie
John Warner
Clint Todd
Fred Nielsen
The motion c
#98-38- 1568 SIXTH - ROGER SCHMIDT, 880 BOARDWAY MUSKEGON
Roger Schmidt attended the eeting, and stated that his addr
is a fire case and permit was lled in '98 but no inspectio . Mr. Schmidt stated that
work is being done. Nielsen m e a motion, supported Johnson, to give Mr. Schmidt
60 days (after inspection report w generated) to pu a permit, submit a time line and
have the work done. A roll call vote as taken:
AYES: NAYS: EXCUSED:
Robert Johnson None Greg Borgman
Randy Mackie
John Warner
Clint Todd
Fred Nielsen
The motion carried.
Date: January 25, 2000
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Transfer Request,
157 N. Getty, Muskegon, Ml
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from PFC Enterprises, L.L.C. to
transfer ownership of the 1999 Class C-SDM license from Joey's Place,
Inc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: The Committee of the Whole will
meet January 24, 2000, and discuss this request.
Kundinger, Gail
From: Leafers, Diane
Sent: Tuesday, January 25, 2000 10:25 AM
To: Kundinger, Gail
Subject: FW: City Commission Agenda Item, New Business "r. Liquor License Transfer Request"
foiwarded to you per the Chief
----Original Message----
From: Leafers, Diane
Sent: Thursday, January 20, 2000 4:24 PM
To: Mazade, Bryon
Cc: Griffin, Ed
Subject: City Commission Agenda Item, New Business "r. Liquor License Transfer Request"
Per the Chief, I am sending you this additional information on the liquor license transfer request for Joey's Place (new
owner to be Patrick Carlson) in case there are any questions from the commissioners regarding the letter in the agenda
packet.
In the original letter from Chief Griffin dated 1/13/2000, it states that there is a pending investigation into a traffic crash
involving Mr. Carlson. The police department was awaiting blood alcohol test results to see if Mr. Carlson was intoxicated
at the time of the accident. We received the blood alcohol results today, and the blood alcohol level was very, very low.
Mr. Carlson was NOT intoxicated at the time of the accident and therefore, no OUIL charges will be filed against him and
the investigation is closed. Mr. Carlson has no arrest record.
Please feel free to contact the Chief if there are any further questions.
1
Affirmative Acl1011
724·6703
ASSCSSOI'
724·6708
Cemetery
724·678.1
West Michigan's Shoiaeline City
Civil Service
724·6716
January 13, 2000
Clerk
724·6705
To:
Engineering From:
72+6707
Re: Transfer of Ownership for Liquor License at 157 N. Getty (Joey 's Place)
l'i1rnnce
724-6713
The Muskegon Police Department received a request from the Michigan Liquor Control
Fire llep1.
724·6792 Commission for an investigation of applicant PFC Enterprises, L.L.C. pursuant to an
application for transfer of ownership of an existing 1999 Class C-SDM license from Joey's
Place, Inc. to PFC Enterprises, L.L.C.
c. N. Ser vices
724·6717
Muskegon Police Department's investigator talked with Patrick Carlson on December 20,
1999. Mr. Carlson is the sole prop1ietor for PFC Enterprises and is requesting the transfer of
Inspect.ions ownership of Joey's Place along with its licenses. He has also applied for a new
724·67 15
Entertainment Permit to have events such as ·comedy acts perform in the establishment. An
"Application for Official Pe1mit for Difference in Hours of Operation" was also received.
Leisure Service This request is for an after hours permit for operating a restaurant for sale of food during the
724·1i7IM
hours of 2:30am to 7:00am on weekdays and 2:30am to 12:00 noon on Sundays.
~lanagcl"s Office We have searched our depaiiment' s records and have conducted a Criminal History Check
724·6724
of Mr. Carlson. The records search revealed a traffic crash involving Mr. Carlson on
December 4, 1999. The incident is still under investigation and there have been no charges
Mayor's Office
filed at this time, pending results of blood alcohol tests.
724·670 1
I find no reason that this transfer should not be approved.
l'la1111ing/Zoning
72,J,6702
EEG/dml
PoliceDepl.
724 fi750
Puhlic \Vorks
726-478(\
·1,·cnsur·cr
724·6720
ll'alcrDcpl. City of Muskegon, l'.O. Box 586, fJB0 ,lefl'erson Streel , Muskegon, Micllig,rn 49443-0536
724·1i711l
•• f
LIQUOR LICENSE REVIEW FORM
Business Name:
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name: PFC Enterprises, L.L.C./Patrick F. Carlson
Business Address: 157 N. Getty
Reason for Review:
New License D Transfer of Ownership lxx I D
Dance Permit
Drop/Add Name on License D· Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
January 3, 2000
Police Department Approved ~ Denied D
(;
No Action Needed D
Income Tax Approved D Owing D Amount: _ _ __
Treasurer. Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA D
NCS Compliance D Remaining Defects--- -,----
Fire Department Compliance D Remaining Defects _·_ _ _ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
STATE OF MICIDGAN
DEPAR1MENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, Ml 48909-7505
LOCAL APPROVAL NOTICE
(Antl1oriz,d by MCL 436.1501(2) and MAC 1105(2)(d))
Ref#
Req ID#58205
Date: November 23, 1999
To: Muskegon City Commission
Attention Clerk - Gail Kundinger
933 Terrace Street, PO Box 536
Muskegon, MI 49443-0536
Applicant: PFC ENTERPRISES, L.L.C.
HOME ADDRESS AND PHONE NO:
Patrick F. Carlson, 4455 Dang!, Muskegon, MI 49444 H(23 l )777-1083/B(231)557-6810
Local Legislative approval is required for new and transferring On-Premises licenses by MCL 436. 1501 of
the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE,
ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of
MCL436.1916.
For your convenience a resolution form is enclosed that includes a description of the licensing transaction
requiring approval. The clerk should complete the resolution certifying that your decision of approval or
disapproval of the application was made at an official meeting. Please retmrn the 1:ompleted 1r~solntiol!ll
to the Liquor Colilltrol Commission as soon as possible.
If you have any questions, please contact the On-Premise Section of the Licensing Division as (517) -322-
1400.
PLEASE COMPLETE JENCLOSE][JJ RESOLUTION AND RETURN
TO TillJE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
LC-1305 REV 6/98
4880•1234
SE)ll'Ilfi,l: , ,
lfDomp!ete items 1 and/or 2 for additional seNices. I also wish to receive the
mCom pf et,.~ items 3, 4a, and 4b. following se1vices (for an
u Print your n'.:ime and address on the reverse of this form so that we can return this extra fee):
card to you.
mAttac~ this form to !he front of the mailpiece, or on the back if space does not
permit.
1, • Addressee's Address ·f
rawrite•Return Re~eipt Requested' on the mailpiece below the article number.
l!ITh~ Return Receipt wUI show to whom 1he article was delivered and the date
2. • Restricted Delivery ~
del!vered. Consult postmaster for fee. 'S.
:3,_-;A"rt"ic;;;l;e'A.-;d;;;d;;;re;;s;;:s:;;e;:;d;:to;;:,------------,r,;:-;;=-;::-c.-,L::.;___:____:____:____:_=:::.:..:.:.:.___:_:::__ ]
11
dlqµ,n l'tJnJ.:w/ (l);r,v1'"~$.~" c:-:-a,!--:-=-:,;_;:..:...._!._Y---'-Y_/_ _ E
u ~ •1 ~ ) ~
·7 /,5-() . /J&u?,td, £//lffV c,, 0"'/iii,. ll'¢ 0 Re(listered JRI Certified !
lo f3 3 ooos_,. i'0.~r:,~'i!f'' ~~Vess Mail • Insured -~
· J C';l ~,.i \, '5[;.~ '!, Relurn RecfrJ lor Merchandise • COD ;:
~c>:?'1!!_;,;ef} /J;J/ fJJCf-/~ ~s- ~:~~~\\,r7,:~~,~ ['
5. Received By: (Print Name) d~ o,"·:'i1,~,~:!i~C(-_e,lfil/r~e'=sse"'.e"'s,--,A"d:;d,:::ec:s-s-;(O=n'ly"it"',-e-q--u-es"t--ed-,-- ~ i
-;;--,;c=======--,-,--,--.,,---~\:.,'0;,":.i"/.~:c':'·}c;\~.\0_·-1' and fee 1s paid) 1! !
6. Signature: {Addressee or Agent) \/'" f- '
X
PS Form 31111, December 1994 102sss-s,.s-01,o Domestic Return Receipt
i-e~-;;;:,(~•:, ~~~ ~
1
- '
5O<J~ :,:;1 Q)\ ~ommission
~-,/2''"
)_
Or.. ,:.'l../(Mt'I
✓ c:
tel':, e
---~--~~~,·y--
Fi1·eDept. Lansing, MI 48909-7505
616/724-6792
FAX1724-6985
REF: 58205
Income Tax
616/724-6770
FAX/724-6768
Dear Sir:
Info. Systems
616/724-6975
FAX1724-6768
Enclosed is a revised copy of form #LC-1800 with the question in Section 3
answered. Sorry for any inconvenience this may have caused you.
Leisure Service
616/724-6704
FAX/724-6790 If you have any questions, please call me at (231) 724-6705.
Manager's Office
616/724-6724 Thanks,
FAX1722-1214
Mayor's Office
616/724-6701
FAX1722-1214
Neigh. & Const.
Linda Potter
Services Deputy City Clerk
616/724-6715
FAX/726-2501
Enc.
Planning/Zoning
616/724-6702
F AX/724-6790
Police Dept.
616/724-6750
FAX/722-5140
Public Works
616/724-4100
FAX1722-4188
Treasurer
616/724-6720
FAX1124-6768
Water Dept.
616/7Z4-6718
FAX/724-6768
W:lfer Filtration
6I6/7Z4-4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Req· ID #58205 ,,•·,igan Department of Consumer & Industry Services
LIQUOR CONTROL COMMISSION
POLICE INSPECTION REPOk I ON LIQUOR LICENSE REQUEST 715o Harns Drive
· d bY MCL 436.?a )
(A ut h onze ~ , . Lansing,P.O. Box 30005
Michigan 48909-7505
·~ - -d # //· ;)ti'-91
Important: Please conduct your investigation as soon ~ ssible and complete all four sections of this report.
Return the completed report and fingerprint-6ards to the Commission.
BUSINESS NAME AND ADDRESS: (include zip code)
PFC ENTERPRISES, L.L.C., 157 N. Getty, Muskegon, MI 49442, Muskegon County
REQUEST FOR: Transfer ownership of 1999 Class C-SDM licensed business with Dance Permit, Official
Permit (Food), Outdoor Service (1 area), and 2 bars, from JOEY'S PLACE, INC.; and request a
new Entertainment
APPLICANT #1:
Patrick F. Carlson - Member
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
4455 Dangl
Muskegon, MI 494404
H 231 777-1083 B ~ 557-6810
DATE OF BIRTH: 25·· Z )- t;J DATE OF BIRTH:
If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen:
o Does the applicant have permanent Resident Alien status? o Does the applicant have permanent Resident Alien status?
D
Yes ONo D Yes D No
o Does the applicant have a Visa? Enter status: o Does the applicant have a Visa? Enter status:
Date fingerprinted: ; 2- 2 0 .• p7' Date fingerprinted:
ARREST RECORD: 0 Felony (1] Misdemeanor ARREST RECORD: 0 Felony O Misdemeanor
Enter record of all arrests & convictions (attach a signed and Enter record of all arrests & convictions (attach a signed and
dated report if more space is needed) dated report if more space is needed)
01)!,)l:t!<)fk~Kil<l<- - 'f!/"JWt<~V ~ T
No arrests; investi ation endin
<
B;ic.lli•n :t i. • ··. ·· . •· •·\.. •.. ·• ·.·. ·. ·•· .· .· •· fovailtigation 0flililaitia11 •ni1•11:ill:!r~•• to fi• tilc'itnailil ••·..· · •· •·· · · ··.
Can living quarters be reached from the inside of the establishment without going outside? 0 Yes ' f.81'. No
Does applicant intend to have dancing or entertainment?
D No (lg Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? ,Qsf No D Yes, explain relationship:
I§i@!iih@\ I f.w~~!i!Hil$f~,~Piiii~ili!!ii!Qf#i/iilM~ilF~i\#q~fi~ril!R11~1imm~H!'!!ili>Hl! }\ • • #I
Will the applicant's proposed locati9n '.Riet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and
ordinances, if this license is grant!3'd? Yes No Vf/\ D
If you are recommending appra al subj ct Jo-certain conditions, list th!::' conditions: (Attach a stgned and dated report If more space Is needed)
_,,/
!i)r~¢ll@A;t•••\•·••••· ·.·.·.· ·. · .·.•·.•.·.· . ·.·····················•···••···•·•···••·x•·.:r,r9//tW•?tff!~9tjmffl~!i'i:1~til\1iF?'•··•·••·· ···••·•···•••·•·•···•·•••·••··••·•··••·······'··•·•·•·••·•·•·····•··•·•·•··••·"••··••"'\•·••••?••••••••..,.•.•..-.•••nn•·•·tTj
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? IKl Yes D No
2. Is the. proposed location satisfactory for this business? 0 Yes D No
3. Should this request be granted by the Commission? ~ Yes D No
4. If any of the above 3 questions were answered no, state your reasons: (Attach asigned and dated report If more space Is needed)
7.
)-
LC-1800 Rev. 06/97 (Mail white copy to the Commission, Keep yellow c py for your file)
i)l&>W'rflfFif .JIW"'* fU h, ;. , . . • I••• i
4fiJ't\!i . . . . 24¾ c:o •h'ff'W/CQ\4"""¥,ji49l...;:.:aiii',vtff'-iPi',•IOll'1f--a•r - -
MIC IGAN DEPARTMENT OF COMMERCE
0
LIQUOR CONTROL COMMISSION
7150 Harris Dr. Req ID #58205
P.O. Box 30005
Lansing, Michigan 48909
' ' '
APPLICATION FOR OFFICIAL PERMIT FOR DIFFERENCE IN HOURS OF OPERATION
(Authorized by MAC Rule 436.1437)
APPLICANT OR LICENSEE:
PFC ENTERPRISES, L.L.C .
ADDRESS:
TYPE OF LICENSE:
The Commission is requested to grant an after hours permit for: (check boxes that apply)
,~ Operating our restaurant for the sale of food un,t\-1 • 1 ,,"4 ~, . . • · •
D Operating night league bowling, tournaments or Sunday morning bowling
0 Registering golfers
0 Registering Skiers
0 Registering Tennis Players
D Other: (Not listed above)
During the Hours of:
1
Weekdays ,;;_ , ,,;1
':Jo A.M. to ~ , 00 A.M.
, I' o or/
Sundays d, J O A.M. to / ,:).. .=A-:M::-
It is understood that customers shall not be on the licensed premises for any activity other than the
requested activity.
Lice~ Applicant Signatures:
'JC- ~ ~
LOCAL LAW ENFORCEMENT RECOMMENDATION
✓
To: Law Enforcement Agency:
This Application is for official permits allowing the after hours operations indicated above. Will you
please enter your recommendations below and return one signed copy to the Commission.
(ZJ Recommended: Comments:.~£ .::::....__ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ __
D Recommended except for - - - - - - - - - , - , - - , - - - permit
D Not Recommended ( ( ) '
' , II [ ( l '~ , //
II /
I
-J 00
STATE OF MICIDGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, MI 48909~7505
LOCAL APPROVAL NOTICE
(Authod,ed by MCL 436.1501(2) and MAC l 105(2)(d))
Ref#
Req ID#58205
Date: November 23, 1999
To: Muskegon City Commission
Attention Clerk - Gail Kundinger
933 Terrace Street, PO Box 536
Muskegon, MI 49443-0536
Applicant: PFC ENTERPRISES, L.L.C.
HOME ADDRESS AND PHONE NO:
Patrick F. Carlson, 4455 Dang!, Muskegon, MI 49444 H(231)777-1083/B(231)557-6810
Local Legislative approval is required for new and transferring On-Premises licenses by MCL 436. 1501 of
the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE,
ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of
MCL 436.1916.
For your convenience a resolution form is enclosed that includes a description of the licensing transaction
requiring approval. The clerk should complete the resolution certifying that your decision of approval or
disapproval of the application was made at an official meeting. Please return the completed resolution
to the Liquor Control Commission as soon as possible.
If you have any questions, please contact the On-Premise Section of the Licensing Division as (517) -322-
1400.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
LC-1305 REV 6/98
4880-1234
STATEOFMICIDGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
(/ 99 LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, MI 48909~7505
LOCAL APPROVAL NOTICE
(Autho,ized by MCL 436.1501(2) and MAC 1 to5(2)(d))
Ref#
Req ID#58205
Date: November 23, 1999
To: Muskegon City Commission
Attention Clerk - Gail Kundinger
933 Terrace Street, PO Box 536
Muskegon, MI 49443-0536
Applicant: PFC ENTERPRISES, L.L.C.
HOME ADDRESS AND PHONE NO:
Patrick F. Carlson, 4455 Dang!, Muskegon, MI 49444 H(231)777-1083/B(231)557-6810
Local Legislative approval is required for new and transferring On-Premises licenses by MCL 436. 1501 of
the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE,
ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of
MCL436.1916.
For your convenience a resolution form is enclosed that includes a description of the licensing transaction
requiring approval. The clerk should complete the resolution certifying that your decision of approval or
disapproval of the application was made at an official meeting. Please return the completed resolution
to the Liquor Control Commission as soon as possible.
If you have any questions, please contact the On-Premise Section of the Licensing Division as ( 517) -322-
1400.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
LC-1305 REV 6/98
4880-1234
LIQUOR LICENSE REVIEW FORM
Business Name: Joey 's Pl ace
AKA Business Name (if applicable): _ _ _ _ _ _ _ __ _ _ __
Operator/Manager's Name: PFC Enterpri ses, L.L.C ./Patrick F. Car lson
Business Address: 157 N. Getty
Reason for Review:
New License D Transfer of Ownership !xx I D
Dance Permit
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ __ _ --''----
January 3, 2000
Police Department Approved D Denied D No Action Needed D
Income Tax Approvid g
Owing D Amount:
Treasurer. Approved D Owing D Amount:
Zoning .Approved D Denied D Pending ZBA D
NCS Compliance D Remaining Defects ._ _ __ __
Fire Department Compliance D Remaining Defects ·_ _ _ _ _ _
Gail A. Kundinger, City Clerk
Liquor License Coordinator
.: _.:.,
. ·.• .....J ·
LIQUOR LICENSE REVIEW FORM
Business Name: Joey's P1ace
AKA Business Name (if applicable): _ __ _ _ _ _ _ _ __ _ _
Operator/Manager's Name: PFC Enterprises, L.L.C . /Patrick F. Carlson
Business Address: 157 N. Getty
Reason fo:r Review:
New License D Transfer of Ownership !xx I D
Dance Per~it
Drop/Add Name on License D Transfer Location D
Drop/ Add Stockholder Name D New Entertainment Permit D
Other _ __ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _- - ' - - -
January 3, 2000
Police Department Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount: _ _ _ __
Treasurej/ ,a Approved D Amount: _ _ _ _ _
fYI Owing
# ~ ,·y/'lf'!f /
Zoning Approved- D Denied O Pending ZBA 0
NCS Compliance D Remaining Defects ·- - - ~ - -
Fire Department Compliance D Remaining Defects ·_ _ _ _ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
. .. ,
.. -~-::;.v LIQUOR LICENSE REVIEW FORM
Business Name: Joey's Place
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name: PFC Enterprises, L.L . C./Patrick F. Carlson
Business Address: 157 N. Getty
Reason for Review:
New License D Transfer of Ownership !xx I D
Dance Permit
Drop/Add Name on License D Transfer Location D
Drop/Add StockhoiderName D New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _-'----
January 3, 2000
Police Department Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount: _ _ __
Treasurer. Approved D Owing D Amount: _ _ __
Zoning Approved- '[J Denied D Penqing ZBA D ~~i'.15 i~ :
~ ""rlJ~ . t/3(60 l~t 5; ~ J~~
.5~"~ \le..., ~.,.J-...,
NCS Compliance D Remaining Defects . 0 c,,,..'.);~ ~ ·•"v
~ +<S,tj ~ 0
p'f.,,l(; 0-
Fire Department Compliance D Remaining Defects ·_ _ _ _ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
STATE OF MICHIGAN
JEPARTMENT OF CONSUMER & INDUSTRY SERVL."
LIQUOR CONTROL COMMISSION Pl NUMBER:58205
;{. c/j, 7~~- ~~t;o~~e
/ / _J 9 _'.7 Lansing, MI 48909-7505
9
LOCAL LAW ENFORCEMENT AGENCY REPORT
DANCE/ENTERTAINMENT/fOPLESS ACTIVITY PERMIT
(Authorized by MCL 436.1916)
PFC ENTERPRISES, L.L.C.
APPLICANT/LICENSEE PHONE NUMBER
I 5 7 /LI. G e rr,;t
STREET ADDRESS CITY " TOWNSHJP ZIP
I. The dance floor will not be less than 100 square feet, is clearly marked and well defined when there is dancing by
customers. YES 'I)( NO • N/A •
2. Describe the type of entertainment applicant/licensee will provide: NIA • /11 u:, tC-/ Do. 11 cc
3. Will this entertainment include topless activity? YES • NO J4 NIA •
DANCE PERMIT YES jil NO • N/A D
ENTERTAINMENT PERMIT YES ¢ NO • N/A D
TOPLESS ACTIVITY PERMIT YES • NO ff N/A D
DATE SUBMITTED
rnfPARTMENT NAME PHONE NUMBER
ADDRESS ' CITY
LC-693N REV 5/98
4880-0652
2000-21(b)
STATE OFMICIIlGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION REQID # 58205
At a ____R_e_g~u~l~a~r_ _ _ _ _ _ _ meeting of the ___C_i_t.,,_y,,,...C_o...,..m,...,m,-i....:s..:,.s,-i-=-on-c-=-_--=_ _ _ __
(Regular or Spccilll) (fo1VJ1Ship Board, City or V-illage Cow,cil)
called to order by __M_a~y_o_r_N_ie_l_s_e_n____ on __J_a_n_u_ar__.y'--2_5_,_,. . . ;2: . . 0:__:0. . :0__ at __5;c. c. .:3::....:0;___ P.M.
The following resolution was offered:
Moved by __V_i_c_e_M~ay~o_r_S_i_e_r_ad_z_k_i_ _ and supported by __C_o'-m'--m_i-=-s-=-s_io;:_n......;e;_r---=-SL..p-"-at_a=r......;o;___ __
That the request from PFC ENTERPRISES, L.L.C. to transfer ownership of 1999 Class c
licensed business with Dance Permit, located at 157 N. Getty, Muskegon, MI 49442,
Muskegon County, from JOEY'S PLACE, INC.; and request a new Entertainment Permit.
be considered for _ _ ___:..:..c.,:...:.....:::....:....::....:_
A r oval _ _ _(A-pp-roval-or_Dis_ap-p,-oval_)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
APPROVAL DISAPPROVAL
Yeas: 7 Yeas: _ _ _ _ _ _ _ _ _ __
-----------
o_______
Nays: _ __ Nays: ________ _ __
Absent:
- -0- - - - - - - - Absent:
----------
It is the consensus of this legislative body that the application be:
Recommended
__________:...:..::..:::..::.:..:=:..:.:...::=------------------- for issuance
connnended or not Reoonnnended) (Re
State of Michigan ____ __,
§
County of Muskegon )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the ___C_i_t-y_·
=- _C_ o_n_ _ _ _ _ at a _ ___:_R:. : :e. : i.g~u-=--1a~r__:_ _ _ _ _ _ __
om_m_i_s__;s_i..;;.
(fowruhip Board, City or Villoge Council) (Regular or Special)
meeting held on January 25, 20Q0.
(Date)
SEAL
Gail A. Kundinger, Ci ty Clerk
933 Terr ace 1 PO Box 536
(Mailing address ofTowruhij1, Ci!Y ofV-illJlge)
Muskegon, MI 4944J-0536
SIENDEl'h'' · ,
mCorpp!c:f8 items 1,and/or 2 for additional services. I also wish to receive the
mComp)ete items 3, 4a, and 4b.
0 '
Print your name and address on the reverse of this form so that we can return this
following services (for an
card to you. extra fee):
t1Atlach this form to the front of lhe mailpiece, or on the back if space does not
permit 1. D Addressee's Address
0
Write•Re/um Receipt Requested' on the mailpiece below the article number.
mThe Return Receipt will show to whom the article was delivered and the date 2. • Restricted Delivery
delivered.
Consult postmaster for fee.
3, Article Addressed to: 4a. A1ticle Number
-
,,, -r .// {)
<f;tf;cli ( 6''"-)_, " l , , /
1j(Yrv· ,01.
;z:, 3 1/ I ,s ·os- 7 7D
l 4b. Service Type
7/S() /-J-tl/1,/)_fd-
$1 D Regi'i/.llr@Jl ;zi Certified
1:\,..-; 3 c') r:Jr_j \.·;,,., "' I!'
,i'{J
wl ~:11· t?
!J~ i !,iJ
Exp~@Aail Insured •
#i·l L
1/''
€ IJ Retlim ~!Jceipt for Merchandise
!?-x _/"!: COD •
( >:!r:'c//\.). /~x:t·/ /1/1 IJ 0-·~ jj"-' '.)
"' '
r. Da'@)'ofi.Petivery
{tJ Sf
5. Received By: (Print Name)
~ s-.:..~ ~1 ';', '"
iJ ,7 !ff ."?,;: 8. AF!,tf~~see's Address (Only if requested
6. Signature: (Addressee or Agent)
X
~
.
;Ji
~ ~, ~J/a:/iie is paid)
c'icf
1-. ""
f.J);::;
!i () ??
•-:, ,:s
PS Form 3811, December 1994 102ses-it~o,,, Domestrc Return Receipt
§[Postmark or Date
f / j ( ()() ~
r }(',;;o ; , , ( / , ;
'"":: ·=-•~;;-,
Fire Dept.
POBox30005
616/724-6792 Lansing, MI 48909-7505
FAX/724-6985
Income Tax REF: #58205
616/724-6770
FAX/724-6768 157N. Getty
Muskegon,MI 49442
Info, Systems
616/724-6975
FAX/724-6768 To Whom It May Concern:
Leisure Service
616/724-6704
FAX/724-6790
Enclosed is the resolution, police inspection report (LC-1800), application for
official permit for difference in hours of operation, and the local law enforcement
Mauager's Office
616/724-6724
agency report. These are for the request from PFC Enterprises, L.L. C. to transfer
FAX/722-1214 ownership of a 1999 Class C licenses business with dance permit from Joey's
Mayor's Office Place, Inc., and a request for a new Entertainment Permit.
616/724-6701
FAX/722-1214
Please do not hesitate to call me at (616) 724-6705 if you have any questions.
Neigh. & Const.
Services
616/724-6715 Sincerely,
FAX/726-2501
Planning/Zoning
616/724-6702
FAX/724-6790
Linda Potter
Police Dept.
616/724-6750 Deputy Clerk
FAX1722-5140
Public Works Enc,
616/724-4100
li'AX/722-4188
Treasurer
616/724-6720
FAX/724-6768
Water Dept,
616/724-6718
FAX/724-6768
Water Filtration
616/724-4106
FAX/755-5290 City of Muskegon, 933 Terrace Street, 1!',0. Rox 536, Muskegon, Ml 49443-0536
LIQUOR LICENSE REVIEW FORM
Business Name: Joey 's Place
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name: PFC Enterprises, L. L.C./Patrick F. Carlson
Business Address: 157 N. Getty
Reason for Review:
New License D Transfer of Ownership lxx I D
Dance Permit
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other - - - - - - - - - - - - - - - - - - - - - - - - - -
January 3, 2000
Police Department Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer. Approved D Owing D Amount: _ _ __
Zoning · .Approved D Denied D Pending ZBA D
·N€!S- Compliance IZ]' Remaining Defects .
. F, rc/ hJf'<'<-f,
~ -J "1fl ;_-·. ,a-~-z~
--r-
0
,,..,
0 t:" .,- t/ I C ("~
Fire Department Compliance D Remaining Defects ._ _ __ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM
Business Name: Joey's Place
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name: PFC Enterprises, L.L.C./Patrick F. Carlson
Business Address: 157 N. Getty
Reason for Review:
New License D Transfer of Ownership lxx I D
Dance Permit
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other _ _ _ _ __ __ _ _ _ _ _ _ _ _ __ _ _ _ ____,;_ __
January 3, 2000
Police Department Approved D Denied D No Action Needed D
Income Tax Approved
• Owing D Amount:
Treasurer. Approved
• Owing D Amount:
Zoning Approved
• Denied D Pending ZBA •
NCS Compliance D Remaining Defects .
Fire Department Compliance ~maining Defects ._ _ __
Sc;.,.-v,·c..<....., _ _
I- ,l/t!.L~ ~----i ,,. J #--I ..Sy/l"us.",N
Gail A. Kundinger, City Clerk
Liquor License Coordinator
Inci'dent Report MUSKEGON POLICE DEPARTMENT 1999-033251-A
Incident No I Date & Time Rept Offense: T5.15
1999-033251-A 12/04/1999 02:25 OPERATING UNDER THE INFLUENCE
Occurred From: Occurrea Until: Incident Location
12/04/1999 02:25 I 12/04/1999 02:25 GETTY/GRACE
Current Disp I Disposed To Municipality District
WARR/REQ CLOSED HAGEN MUSKEGON 113
Disposition Date Juveniles On.Ly? TTY Sent? Cance led? I TTY numoer
12/04/1999 NO NO I
Pnotos? I Consent? Affidavit? Optional Date/Time
NO NO NO I I ,
Officer Assigned Investigating Officer
10738 STAFFORD, DAVID RICHARD
N udl0-9668517
0
T
E
s 10-50 PI ouil poss of marijuana
LEIN entrv of imoound at 7:18AM 12-04-99 Lt C Haqen
Name/Aaaress/Phone Descrintion
p CARLSON, PATRICK FRANK Born 08/2171963 MALE
E 4455 S DANGLE Hgt. 6' 3 IT WHITE
R MUSKEGON MI 49442 Wgt. 285 NON-HISP
s ( 616) 798-2602 Hair BRO Eves BRO
0 DRIVER T5.15 OPERATING UNDER THE INFLUENCE
N 12/04/1999
s SUSPECT 8041 O.U.I.L.
12/04/1999
KUSZ, BRENDA JAYE Born 0670271955 FEMALE
2024 PARK Hgt. O' 0" WHITE
MUSKEGON MI 49442 Wgt. 0 NON-HISP
(231) 712-0467 Hair Eves
OTHER 8041 O.U.I.L.
12/04/1999
Description/Name/Comments MaKe/Moae.L/Stat Serial No. /Qty /Va.Lue
p FUJI COLOR FILM 12 EXPOSURE
R FILM Qty = 0.00
0 ID FOR DEVELOPEMENT $0.00
p CLEAR PLASTIC BAG
E BAG Qty = 1.00
R INTAKE A SEIZED $0.00
T MARIJAUNA CIGS
y MARIJUANA Qty= 1.00
INTAKE A WEIGHT 4.1 GMS CRIME LAB $0.00
Status/Plate Type/VIN Re4/Evicl/Value Descrintion
V RELEASED XG1996 MI 2000 DODGE RAM
E TRUCK HELD BLACK TRUCK
H 1B7HC16Y9YS581785 0.00
Cateqorv I Descrintion
NO M.O. INFORMATION
rpt revt.c 1.41 Date Printea: 12/09/1999 Page 1
Continued MUSKEGON POLICE DEPARTMENT 1999-033251-A
Incident No I Date & Time Rept I Otfense: TS.15
1999-033251-A 12/04/1999 02:25 OPERATING UNDER THE INFLUENCE
N TAKEN FROM WORDPERFECT DOCUMENT 1999033251.001
A While on patrol, I noticed the 2000 Dodge truck was up against
R a semi trailer that was parked in the empty lot at the corner of
R Grace and Getty. The truck had extensive damage to both sides of
A the cab. I pulled behind the truck and checked for occupants. No
T one was found and I notified dispatch of the situation. I
I requested other officers to check the area for possible injured
V subjects. I could see the path that the truck took before it
E crashed. The truck was travelling south on Getty and it the curb
at the corner of Grace and Getty. The truck hit a guidewire to a
light pole and then the passenger side of the cab hit the first
semi trailer. The front drivers side of the cab then hit the
corner of the second semi trailer. I checked the path that the
truck took until it hit the first semi trailer and I did not see
any skid marks anywhere in the grass lot. I had dispatch call
Hackley ER and Mercy ER and ask them to notify us if anyone comes
in with injuries from a traffic accident. The owner of the truck,
Patrick Carlson, could not be contacted and LEIN showed the truck
is not listed as stolen. The truck was impounded to central
towing. I conducted a brief inventory of the vehicle before it was
taken away. I opened up the center console and saw a clear plastic
baggie that contained, what looked like, 3 hand rolled cigarettes.
With gloves on, I opened the bag and took one of the cigs out. It
smelled and looked like marijuana. The bags and contents were
seized and eventually taken to MPD. I field tested the cigs at MPD
and they tested positive for marijuana. The bag and contents were
logged into the evidence room and were protected for prints.
Dispatch called and said the owner of the truck, Patrick, was at
Hackley ER being treated for injuries. I went to Hackley and
attempted to talk to Patrick. Patrick smelled strongly of
alcoholic beverage and when I spoke to him his speech was very
slurred. See Ofc Geigers supp for interview of Brenda. I asked
Patrick what happened. At first Patrick said he was beat up. I
told him that we found his truck and then he said he did not know
what happened. Patrick said he was at Joey's Place (157 S Getty).
He said he drove home and then he drove back to Joey's Place. Then
last thing he remembers is seeing a bright light. He didn't know
where he was or if he was in his truck or not. I could not get any
further information out of Patrick. As a part of his treatment,
Melanie Chamberlain (lab technician) drew blood from Patrick's
right arm. I am requesting that the lab results be subpoenaed for
OUIL charges. Sgt Olson and Ofc Tripp took photos of the truck and
the accident scene. Warrant request paperwork was completed for
OUIL 1st and Possession of Marijuana. All other paperwork
completed. Cleared.
D STAFFORD #71
rpt_revt.c 1.41 Date Printed: 12/09/1999 Page 2
Continued MUSKEGON POLICE DEPARTMENT 1999-033251-A
Incictent No
1999-033251-A
I Date & Time Rept
12/04/1999 02:25
l OTiense: T5.15
OPERATING UNDER THE INFLUENCE
S TAKEN FROM WORDPERFECT DOCUMENT 1999033251.002
u 12-04-99 at 02:25hrs Getty and Nims
p
p I was assisting Ofc Stafford at the scene of a 10-50 hit and
L run where the driver had fled the scene.
E I checked the area around the crash scene and was unable to
M locate anyone. Disp advised that the driver of the truck had
E showed up at Hackley ER. Ofc Stafford and Myself responded to the
N scene to talk to the driver .
T At Hackley ER I spoke with a Brenda Kusz f/w 6-2-55 (7272008)
. Brenda advised that she is a bar tender at Joey's Place and has
only been employed there since last tuesday . Brenda said that
Patrick had been in the bar and she had served him a couple of
drinks . Brenda said that Patrick may have been served drinks by
the other bartender also but she did not know for sure . Brenda
said that Patrick is in the process of buying the bar . Brenda said
that she left the bar at around 02:45hr and she headed straight
home to 2024 Park Brenda said that she did not see any crash on
Getty. Brenda said that soon after she got home there was a knock
on the front door and she open it up and it was Patrick. Brenda
advised that he was bloody and in pain. Brenda advised that Patrick
told her he had been beat up . Brenda said that she did not know
how patrick got to her house . Brenda said that she tried to clean
up Patricks wounds but he was having trouble breathing so she
called 911. Brenda said that she came to the hospital with Patrick.
I asked Brenda if she had witnessed the crash and picked up
Patrick and brought him to her house and she said NO. Brenda did
not advise which route she took to get home from Joey's place.
I passed on this information to Ofc Stafford .
Clear J.Geiger #40
rpt_revt.c 1.41 Date Printed: 12/09/1999 Page 3
Continued MUSKEGON POLICE DEPARTMENT 1999-033251-A
Inciaent No I Date & Time Rept I Offense: T5.15
1999-033251-A 12/04/1999 02:25 OPERATING UNDER THE INFLUENCE
S TAKEN FROM WORDPERFECT DOCUMENT 1999033251.003
U 12-04-99 0350
P I responded to Getty/Dale to photograph the scene of a 10-50 at the
P request of Ofc Stafford. I took several photos of the scene where
L the truck was. The vehicle had already been removed to Cental
E towing.
M I then went to Central and took several photos of the vehicles from
E all angles.
N I turned the film over to Ofc Stafford who logged it into evidence.
T M.TRIPP 35
rpt_revt.c 1.41 Date Printed: 12/09/1999 Page 4
January 20, 2000
Ms. Debrah Stewart, President
Jackson Hill Neighborhood Association
673 Leonard
Muskegon,MI 49442
Dear Ms. Stewart
A request has been received from Patrick Carlson to transfer ownership of the
existing 1999 Class C-SDM license (sale of beer & wine for consumption on the
premises) at 157 N. Getty, Joey's Place. On Tuesday, January 25, 2000, the City
Commission will review this request and determine whether or not it should be
recommended for approval.
You are being sent this notice because the City Commission would like to know
how the Neighborhood Association feels and would appreciate any comments that
they may have. You may send these comments to 933 Terrace, Muskegon, MI
49440 or attend the City Commission Meeting January 25, 2000, at 5:30 p.m. in
the Commission Chambers. The Commission will also meet on Monday, January
24, 2000, at 5:00 p.m. in the Commission Chambers to review all items on the
agenda; you are welcome to attend that meeting.
If you have any questions, please feel free to contact me at 724-6705.
Sincerely,
Linda Potter
Deputy Clerk
January 20, 2000
Mr. Patrick Carlson
4455 Dang!
Muskegon, MI 49444
Dear Mr. Carlson:
This letter is to inform you that your request to transfer ownership of an existing
1999 Class C-SDM License at 157 N Getty will be presented to the City
Commission on January 25, 2000. This meeting begins at 5:30 p.m. and is
located in the Commission Chambers, 933 Terrace, Muskegon, MI. The
Commission will also meet on Monday, January 2 4, 2000, at 5 :00 p.m. in the
Commission Chambers to review all items on the agenda; you are also welcome
to attend that meeting.
This request has also been sent to the Jackson Neighborhood Association for their
comments. It is Commission practice to let the Neighborhood Association know
of any liquor license requests that are located within their boundaries. This allows
for comments from the people who live there and not just from the owners of the
business' who are located there.
If you have any questions, please feel free to contact me at 724-6705.
Sincerely,
Linda Potter
Deputy Clerk
Commission Meeting Date: January 25, 2000
Date: January 1 B, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development CY}<L.
RE: Alley Vacations in Block 346 (between 7 th and 8 th Streets)
SUMMARY OF REQUEST:
Request for vacation of the west half only of the east/west alley in Block 346, between
Seventh and Eighth Streets. This request is in response to ongoing traffic issues with
Samuel Lutheran Church (see attached staff report).
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends vacation of the west half only of the proposed alley with the
condition that all City easement rights be retained.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended vacation of the west half only of the
proposed alley with the condition that all City easement rights be retained. The
Committee of the Whole will review the request at their 1/24 meeting.
1/18/2000
CITY OF MUSKEGON
RESOLUTION 2000-21 (c)
RESOLUTION TO VACATE A PUBLIC ALLEY
WHEREAS, a petition has been received to vacate the west half only of the alley in Block 346
of the Revised Plat of 1903, City of Muskegon; and
WHEREAS, the Planning Commission held a public hearing on January 11, 2000 to consider
the petition and subsequently recommended the vacation; and
WHEREAS, due notice had been given of said hearing as well as the January 25, 2000 City
Commission meeting to consider the recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue the alley;
BE IT FURTHER RESOLVED that the City Commission does hereby declare the west half
only ofthe said alley vacated and discontinued provided, however, that this action on the part of
the City Commission shall not operate so as to conflict with fire access or the utility rights
heretofore acquired by the City or by any public service utility in the City of Muskegon,
operating in, over and upon said portion of alley hereby vacated, and it is hereby expressly
declared that such rights shall remain in full force and effect.
BE IT FURTIIER RESOLVED that after any maintenance and repair by the City, the city shall
restore the disturbed area to the grade and paving in existence at the time of vacation. The City
shall not be responsible to replace special planting, landscaping, fences or any structure. No
structure shall be placed in the easement which, in the sole judgment of the City, will interfere
with the repair or maintenance of utilities in the easement, public or private.
Adopted this 25th day of Janumy, 2000.
Ayes: Niel sen, Schwei f ler, Shepherd , Sieradzki , Spataro, As lakson,
Benedict
Nays: None
Absent: None
CERTIFICATION
I hereby 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 January 25, 2000.
Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
~
City of Muskegon
Planning Conmission
Case#00-3
t '345
'5< / = Subject Property
0 = Notice Area
RT= TIM)--family Residential
1-1 1-1 = Light Industrial
1-2 = General Industrial
H = Heritage
J
J Washington Ave.
Qlo"llltft\~
~ HI] ~ g.H 11 L§ ~§ Pdl
200 0 200 400 600 800 Feet
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
January 12, 2000
Hearing; Case 2000-3: Request for vacation of the west half only of the east/west alley
in Block 346 (between Seventh and Eighth Streets).
BACKGROUND
This request is staff initiated and is in response to several complaints by members of the
Samuel Lutheran Church about people speeding through the alley. It was discussed by the
City's Traffic Committee, and the City Engineer recommended vacation of only the west half
of the alley. The Fire Marshal has approved the alley vacation as well. The City does have
sanitary sewer running through the alley, so all usual easements and rights need to be retained
by the City if this request is approved.
RECOMMENDATION
Staff recommends approval of the request with the conditions below.
DETERMINATION
The following motions are offered for consideration:
I move that the vacation of the west half only of the north/south alley in Block 346 be
(approved/denied). based on (compliance/lack of compliance) with the City's Master Land
Use Plan and conditions set forth in Section 2315 of the City of Muskegon Zoning Ordinance
(based on the following conditions--only if approved):
1. That all City easements be retained.
Commission Meeting Date: January 25, 2000
Date: January 13, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development (j!)
RE: Request for Planned Unit Development for 2964 Lakeshore
Dr. (west of Cottage Grove St.)
SUMMARY OF REQUEST:
Request for a Planned Unit Development approval in the WM, Waterfront Marine zone
for a condominium development at 2964 Lakeshore Dr., west of Cottage Grove St.
The request is from the Archimedes Group LLC.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
If the City Commission is comfortable with the height and density proposed for this
development, staff recommends approval of the PUD provided that the conditions listed
in the attached resolution are met.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the PUD by a 5 to 4 vote, with
the conditions listed on the attached resolution. The Committee of the Whole will
review the request at their 1/24 meeting.
1/13/2000
CITY OF MUSKEGON
RESOLUTION 2000-21(d)
RESOLUTION FOR A PLANNED UNIT DEVELOPMENT FOR 2964 LAKESHORE DR.
WHEREAS, a petition for a planned unit development was received from the Archimedes
Group LLC; and,
WHEREAS, a planned unit development will allow a condominium development in the WM,
Waterfront Marine zone; and,
WHEREAS, proper notice was given by mail and publication and public hearings were held by
the City Planning Commission and by the City Commission to consider said petition, during
which all interested persons were given an opportunity to be heard in accordance with provisions
of the Zoning Ordinance and State Law; and
WHEREAS, the Planning Commission and staff have recommended approval of the Planned
Unit Development with conditions as follows:
1. Resubmit the revised site plan to document the location of existing trees with a note they
will be preserved. Only 2 of the existing trees are shown to remain on the site plan and
front elevation.
2. Adhere to the open space, landscape augmentation, wall, and berming plan submitted
1/4/00. Clarify size and species of trees to be used on the pier.
3. Clarify method of screening for the parking on the pier.
4. At a minimum, adhere to the front elevation (Lakeshore Drive view) design submitted
1/4/00. Additional windows or larger windows would be permissible in the design.
5. Provide assurances that site has had a baseline environmental assessment (BEA) and any
other appropriate environmental investigation necessary.
6. The development is limited to 56 units and 95 feet in height from the road grade.
7. The existing chain-link fence with barbed wire adaptations must be removed from site.
Any future screening provided on the east property line must be "step-up" and "step-
down" with lower heights near the water and roadside (4 feet) and higher levels
permitted in the middle (6 feet).
8. The portable sign on the site must be removed immediately.
9. Car parking on the pier must be screened from the water.
10. The marina improvements and dockage footprint may not expand. The project may not
include any activities that would fill the lake.
11 . The drive access must be approved by and meet the standards of the City's Engineering
department
12. Site drainage (rooftop and parking lot) needs to be managed on site. The plan needs to
be approved by the City's Engineering department.
13. Pole lighting on the site shall be no higher than 17 feet and shall be a "cut-off' fixture to
prevent light from bleeding onto adjacent properties and into the night sky.
14. Fire and emergency site access approvals must be obtained for the final site plan.
15. A more detailed soil erosion control plan must be provided prior to the issuance of a
building permit pursuant to the State Soil Erosion and Sedimentation Control Act.
16. A performance guarantee for landscaping and screening must be submitted prior to the
issuance of a building permit.
17. The applicant/owner must formally disclose that the land in proximity to the subject
prope1iy is zoned I-2, general industrial, and may be used for any industrial use
permitted by the zoning ordinance.
NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the City
Planning Commission be accepted and the final planned unit development is hereby approved
with conditions.
Adopted this 25th day of January, 2000
Ayes: Schweifler, Shepherd, Sieradzki, Spatar o
Nays: Aslakson, Benedi ct, Nielsen
Absent: None
Bn~fj-J.lJ-
Nie~M
eyor
Fred J.
u,_,
~o. L~~
Attest
Gail A. Kundinger, Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk ofthe City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 25th day of January, 2000, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
: : : : , and that minutes were kept and will be or; ve been mad~?ailable as required
DATED: January 25 2000. /J o..,J_ ~J....v._a~
Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
City of Muskegon
Planning Conmission
Cases #99-50 and #99-51 +
7.,
A<~·
R-1 = Single-Family Residential ~,, \
1-2 = General lndustrtal
LR = Lakefront Recreation
WM = Waterfront Manne
)~1/·
. ,\
I I \..
*
Q
= Subject Property
= Notice Area
I
-~I ·v-,
I
✓f
()
;/ ~
I
I
/ r--1 /,'
!
LR
Lak_eshore Dr. '
R-1
300 0 300 ___
600 ___
900 . __
1200 1500 1800 Feet
Staff Report [EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
January 12, 2000
Case 99-51: Request for final approval of Planned Unit Development for 2964
Lakeshore Dr. (west of Cottage Grove St.), by the Archimedes Group LLC.
BACKGROUND
Applicant: Archimedes Group, LLC
Property Address/Location: 2964 Lakeshore Dr. (west of Cottage Grove St.)
Request: PUD to allow a residential condominium development with associated boat slips.
Present Land Use: marina
STAFF OBSERVATIONS
1. At the December Planning Commission meeting, this development received preliminary
approval, pending submission of a revised site plan addressing several concerns (see
minutes from 12/15/99 meeting for list of conditions for the approval).
2. Since the last Planning Commission meeting the applicant has submitted revised site
plans and written assurances that all the conditions set forth would be met. Most of the
conditions appear to be addressed, or will be addressed as part of the building permit
process.
3. There are a few issues left that staff would like to clarify but for the most part, the
"conditions" list remains as it was - to keep the conditions in the public record.
STAFF RECOMMENDATION
Staff would recommend that the conditions listed below accompany any recommendation to
the City Commission.
DELIBERATION
Standards for discretionary uses
emphasis provided
1. Give due regard to the nature of all adjacent uses and structures and the consistency
with the adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason
of increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the
activity.
4. The proposed site plan complies with section 2313 (4) of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
PROPOSED CONDITIONS
I. Resubmit the revised site plan to document the location of existing trees with a note they
will be preserved. Only 2 of the existing trees are shown to remain on the site plan and
front elevation.
2. Adhere to the open space, landscape augmentation, wall, and berming plan submitted
1/4/00. Clarify size and species of trees to be used on the pier.
3. Clarify method of screening for the parking on the pier.
4. At a minimum, adhere to the front elevation (Lakeshore Drive view) design submitted
1/4/00. Additional windows or larger windows would be permissible in the design.
5. Provide assurances that site has had a baseline environmental assessment (BEA) and any
other appropriate environmental investigation necessary.
6. The development is limited to 56 units and 95 feet in height from the road grade.
7. The existing chain-link fence with barbed wire adaptations must be removed from site.
Any future screening provided on the east property line must be "step-up" and "step-
down" with lower heights near the water and roadside (4 feet) and higher levels permitted
in the middle (6 feet).
8. The potiable sign on the site must be removed immediately.
9. Car parking on the pier must be screened from the water.
10. The marina improvements and dockage footprint may not expand. The project may not
include any activities that would fill the lake.
11. The drive access must be approved by and meet the standards of the City's Engineering
department
2
12. Site drainage (rooftop and parking lot) needs to be managed on site. The plan needs to be
approved by the City's Engineering department.
13. Pole lighting on the site shall be no higher than 17 feet and shall be a "cut-off' fixture to
prevent light from bleeding onto adjacent properties and into the night sky.
14. Fire and emergency site access approvals must be obtained for the final site plan.
15. A more detailed soil erosion control plan must be provided prior to the issuance of a
building permit pursuant to the State Soil Erosion and Sedimentation Control Act.
16. A performance guarantee for landscaping and screening must be submitted prior to the
issuance of a building permit.
17. The applicant/owner must formally acknowledge that the land in proximity to the subject
prope1iy is zoned I-2, general industrial, and may be used for any industrial use permitted
by the zoning ordinance.
3
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