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CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 26, 2021 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS, AWARDS, AND PRESENTATIONS:
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Adelaide Point Development Agreement Economic Development
C. Michigrown – Consumption Event City Clerk
D. Request to Purchase AED’s Public Safety
E. Request to Purchase Portable Fire Pump for the Fireboat Public Safety
F. Local Officers Compensation Commission Recommendation City Clerk
G. MiDeal with Staples Finance
H. Sale – 766 Leonard Economic Development
I. Contract for Critical Dune Enforcement Planning
J. Ice Rink Refrigeration System Arena
K. Contract for Stormwater Management Review Engineering
L. Stormwater Management Review Fees Engineering
□ PUBLIC HEARINGS:
A. Brownfield Plan Amendment Public Hearing – Harbor 31 LLC (Trilogy Senior
Housing Redevelopment Project), 60 Viridian Drive Economic
Development
B. Public Hearing on Adelaide Point Project Brownfield Plan Amendment,
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1148 and 1204 West Western Avenue Economic Development
C. Establishment of an Obsolete Property District – 221 W Webster Avenue
Planning
D. Issuance of an Obsolete Property Certificate Planning
E. Inclusive Zoning Manager’s Office
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. HBA Demolitions – 181 Irwin Public Safety
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► 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.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 26, 2021 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the October 11, 2021 Worksession and the October 12,
2021 Regular Meeting.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the minutes.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, October 11, 2021
5:30 p.m.
City Commission Chambers
Minutes
2021-91
Present: Mayor Gawron, Vice Mayor Hood, Commissioners Rinsema-Sybenga, Emory,
Johnson, and German
Absent: Commissioner Ramsey
Mayors’ Institute on City Design Report
Deputy Manager, LeighAnn Mikesell, gave a presentation on the Mayors’ Institute on
City Design (MICD) Report, Investing in Equity for Jackson Hill.
At the end of 2020, the City of Muskegon was selected by the MICD to participate in a
new Alumni Technical Assistance program that assists communities in finding solutions
to critical planning and design challenges.
The MICD is a leadership initiative of the National Endowment for the Arts in partnership
with the U.S. Conference of Mayors. Since 1986, MICD has helped transform
communities through design by preparing mayors to be the chief urban designers of
their cities.
In January 2021, the MICD offered the City two leading experts to work with staff and
community stakeholders by providing design and development assistance on important
issues facing the Jackson Hill Neighborhood. Specifically, staff asked for their
assistance in seeking greater investment equity to identify new commercial
development opportunities in this neighborhood. Our focus areas included partnering
with the community to define a vision for the future, assisting the neighbors and
businesses to find success through development which fits the neighborhood, and
bridging the physical and social barriers to economic success.
The MICD Resource Team has since presented staff with a report on proposed
planning recommendations for the Jackson Hill community to consider in the future. On
August 26th, the City hosted a community conversation with Jackson Hill residents
where details of the report were discussed and residents provided ideas for
neighborhood improvement. The ultimate goal is to work alongside our neighbors to
address past economic disinvestment and help support the future of the Jackson Hill
neighborhood as well as model similar neighbor engagement opportunities throughout
the City.
Adelaide Pointe Development Agreement
The team has been working with the developer at Adelaide Pointe to negotiate mutually
favorable terms on a development agreement that will stipulate funding and incentives
for the project. The draft presented is mutually agreed upon by staff and Ryan Leetsma,
the project’s owner and developer.
The structure of this development agreement is quite different than other recent projects
due to the large amount of new public infrastructure that is required to build out the
project. We would essentially be funding the roads, water, sewer and other public
amenities for a whole new district of the Nims Neighborhood and an
extension/connection of downtown to the lakefront. Tonight, staff will walk through the
development agreement in detail with commissioners and take questions. We will hope
for a vote on October 26, 2021, when the associated Brownfield Plan Amendment is
anticipated to be before the Commission.
Jake Eckholm, Economic Development Director, gave an overview of the development
agreement. Discussion took place regarding this item. This will appear on the agenda
again at a later date.
Ride Muskegon Operating Agreement
City staff has developed an operating agreement with Ride Muskegon, LLC to operate a
scooter rental business in the City. The business will utilize a cellular phone application
to unlock electric scooters for customers to access. Scooters will have designated pick
up and drop off locations, and will not be permitted to be abandoned in non-approved
areas.
Staff is recommending approval of the operating agreement. Ride Muskegon, LLC is
locally owned and operated. To our knowledge, Ride Muskegon, LLC is the only such
company located in the city limits. The operating agreement ensures that Ride
Muskegon, LLC and its customers follow the ruled and regulations as assigned by the
City of Muskegon, and also ensures that the City of Muskegon will not rent similar space
to new competitor companies during the operating period.
Frank Peterson, City Manager, explained the agreement for scooters to be placed in
various places around the city for visitors to rent. Discussion took place. This item will
appear on the regular meeting agenda on October 12, 2021.
Presentation from West Urban Properties on progress of PILOT Development
Dave Dusendang with West Urban Properties has prepared a progress report on the
first phase of the City’s PILOT rental unit development agreement with his firm. He is
requesting authorization to proceed with the second phase of the agreement, which
includes 25 additional rental units.
Mr. Dusendang has prepared a report that illustrates the current construction progress,
lease-up status, and percent of Muskegon County AMI each unit’s occupier represents.
For the sake of privacy, the incomes and are anonymized and the addresses are not
printed with the associated household. West Urban is proposing to continue the
arrangement as described in the original agreement by proceeding with 25 additional
builds on pre-approved city owned lots.
Dave Dusendang, Owner of West Urban Properties, provided an update to the
Commission regarding the 25 homes he has already built and is seeking Commission
approval to move forward with another 25 homes. Discussion took place regarding the
development. This item will appear on the October 12, 2021 regular meeting agenda for
consideration.
Public Comment – No public comments were received.
Adjournment – The Worksession meeting adjourned at 8:12 p.m.
Respectfully Submitted,
Kimberly Young, Deputy City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 12, 2021 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, October 12, 2021, Pastor
Tara Foreman, Bethany Church, opened the meeting with a prayer, after which
the Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Dan Rinsema-Sybenga, Willie German, Jr., Michael Ramsey, and
Teresa Emory, Acting City Manager LeighAnn Mikesell, City Attorney Chris Kelly,
and City Clerk Ann Meisch.
PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received.
2021-92 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the September 13, 2021
Worksession, the September 14, 2021 Regular Meeting, and the September 28,
2021 Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. Purchase Vacant Property – 209 Merrill Planning
SUMMARY OF REQUEST: City staff is seeking authorization to purchase land at
209 Merrill from the State Land Bank Authority. The City is seeking to purchase
the vacant land at 209 Merrill from the State Land Bank Authority and has
offered $500 for the purchase price to construct a single-family home on. The
estimated cost to construct the home is $250,000. The State sent paperwork
stating that the base price starts at $1,500 as a minimum acceptable offer and
$100 to process the deed.
AMOUNT REQUESTED: $500 with option to negotiate.
FUND OR ACCOUNT: Public Improvement
STAFF RECOMMENDATION: Authorize the City Manger to negotiate the
purchase price if the State does not accept the $500 offer and to authorize the
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Code Coordinator to complete the purchase of 209 Merrill Avenue, as
described in the documents and to have the Mayor and Clerk sign the
resolution.
C. Muskegon Area Sports Hall of Fame Lease Arena
SUMMARY OF REQUEST: The Muskegon Area Sports Hall of Fame is formally
leasing space inside the arena to display sports memorabilia and other sports-
related items.
The Muskegon Area Sports Hall of Fame was located inside the arena for many
years. During the most recent major renovation, the display was displaced. This
lease will re-establish the Hall of Fame inside the arena for the next 5 years. The
display wall be mounted on the walls inside the hallway nearest to the
convention center.
The lease amount is $10 per year, the lease also allows a discounted $500 rental
one time per year to hold a Hall of Fame banquet. The City has pledged up to
$10,000 to help complete the build out.
The completed display will be a stunning first-impression to visitors of the arena.
AMOUNT REQUESTED: $10,000 AMOUNT BUDGETED: $10,000
FUND OR ACCOUNT: 254
STAFF RECOMMENDATION: Approval of the lease.
D. Buekema Playground – REVISION Public Works
SUMMARY OF REQUEST: Staff is seeking approval for additional funding related to
the playground replacement oat Beukema Park.
At the August 24, 2021 meeting the Commission voted to allocate $165,000
towards replacement of the playground equipment at Beukema Park. This was
intended to cover the cost of the equipment and installation ($122,639.00) plus
an allowance up to $165,000 in total to revise the design to include ramped
access and accessible surfacing as mentioned in the public comments during
the selection.
After reviewing the proposed changes with American Athletix it was determined
that there was no method for American Athletix to accomplish the requested
changes within the allocated budget. After several iterations American Athletix
provided the revised proposal for $220,568.25 which included modified play
structures to include ramped access, as well as poured in place trails for the
walkways.
Staff is comfortable that the revised proposal is appropriate for the site. As
previously discussed we are targeting to spend approximately $900K between
Reese & Beukema parks which is drawn from the Beach Parking revenue. The
contract for equipment at Reese has been signed in the amount of $364,600.00
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bringing to total to date to $585,168.25.
AMOUNT REQUESTED: AMOUNT BUDGETED:
$220,569.25 TOTAL $0
$55,568.25 INCREASE OVER ORIGINAL $900K To be included in Q1 Reforecast
FUND OR ACCOUNT: 101
STAFF RECOMMENDATION: Authorize staff to accept the revised proposal
from American Athletix in the amount of $220,568.25 for the new playground
structure at Beukema Park.
Motion by Commissioner Johnson, second by Commissioner German, to accept
the consent agenda as presented minus item E.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
and German
Nays: None
MOTION PASSES
2021-93 REMOVED FROM CONSENT AGENDA:
E. Ride Muskegon Operating Agreement City Manager
SUMMARY OF REQUEST: City staff has developed an operating agreement with
Ride Muskegon, LLC to operate a scooter rental business in the City. The business
will utilize a cellular phone application to unlock electric scooters for customers
to access. Scooters will have designated pick up and drop off locations, and will
not be permitted to be abandoned in non-approved areas.
Staff is recommending approval of the operating agreement. Ride Muskegon,
LLC is locally owned and operated. To our knowledge, Ride Muskegon, LLC is
the only such company located in the city limits. The operating agreement
ensures that Ride Muskegon, LLC and its customers follow the rules and
regulations as assigned by the City of Muskegon, and also ensures that the City
of Muskegon will not rent similar space to new competitor companies during the
operating period.
STAFF RECOMMENDAITON: Approve the operating agreement and authorize
the City Manager to sign.
Motion by Commissioner Emory, second by Commissioner Rinsema-Sybenga, to
approve the operating agreement and authorize the City Manager to sign.
Motion by Commissioner Emory, second by Commissioner German, to amend
the motion and remove “sidewalk” from G & H under the recitals in the
agreement.
Motion by Commissioner Ramsey, second by Commissioner Johnson, to table
this item.
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ROLL VOTE: Ayes: Ramsey, Rinsema-Sybenga, Emory, and Johnson
Nays: Gawron, Hood, and German
MOTION PASSES
2021-94 NEW BUSINESS:
A. West Urban Properties PILOT Agreement Progress Report and Phase II
Authorization City Manager
SUMMARY OF REQUEST: Dave Dusendang with West Urban Properties has
prepared a progress report on the first phase of the City’s PILOT rental unit
development agreement with his firm. He is requesting authorization to proceed
with the second phase of the agreement, which includes 25 additional rental
units.
Mr. Dusendang has prepared a report that illustrates the current construction
progress, lease-up status, and percent of Muskegon County AMI each unit’s
occupier represents. For the sake of privacy, the incomes are anonymized and
the addresses are not printed with the associated household. West Urban is
proposing to continue the arrangement as described in the original agreement
by proceeding with 25 additional builds on pre-approved city owned lots.
STAFF RECOMMENDATION: To authorize West Urban Properties to proceed
with construction of an additional 25 housing units on pre-approved city owned
lots pursuant to the PILOT agreement.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner German,
to authorize West Urban Properties to proceed with construction of an additional
25 housing units on pre-approved city owned lots pursuant to the PILOT
Agreement.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
and Gawron
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Ramsey had requested an update on
the Watermark. An update was provided by Jake Eckholm.
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public Comments were
received.
ADJOURNMENT: The City Commission meeting adjourned at 7:00 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/26/21 Title: Adelaide Pointe Development
Agreement
Submitted By: Jake Eckholm Department: Development Services
Brief Summary: The team has been working with the developer at Adelaide Pointe to negotiate
mutually favorable terms on a development agreement that will stipulate funding and incentives for
the project. The final draft attached is mutually agreed upon by staff and Ryan Leestma, the
project’s owner and developer.
Detailed Summary: The structure of this development agreement is quite different than other
recent projects due to the large amount of new public infrastructure that is required to build out the
project. We would essentially be funding the roads, water, sewer, boat ramp/lift well and other
public amenities for a whole new district of the Nims neighborhood and an extension/connection of
downtown to the lakefront. Tonight staff will give one final walkthrough of the city and developers
obligations pursuant to this agreement, and take final questions before the recommended
ratification of the document.
Amount Requested: Bond Issue for Public Amount Budgeted: To be completed no later
Infrastructure estimated at $10,000,000 than fiscal 22/23
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Motion to accept the development agreement as presented, and authorize
the mayor and clerk to sign.
For City Clerk Use Only:
Commission Action:
Development Agreement
ADELAIDE POINTE
THIS DEVELOPMENT AGREEMENT (“Agreement”) is made October 26, 2021 (“Effective
Date”) between the City of Muskegon, a Michigan Municipal Corporation (“City”), with an address of 933
Terrace St., Muskegon, MI 49440, and Adelaide Pointe Qozb, LLC (“APQ”), with an address of 1204 W.
Western Avenue, Muskegon, MI 49441. City and APQ are at times referred to as a “Party” or together as
“Parties”.
Background
APQ owns approximately 30 acres of waterfront brownfield property which is located at the west
end of West Western Avenue within the City of Muskegon and legally described and depicted on Exhibit
A (“APQ Property”).
The City owns certain property adjacent to, and to the east of, the APQ Property which the City
has previously used for public small boat slip rentals and related activities and legally described and
depicted on Exhibit B (“City Property”). The APQ Property and the City Property may be collectively
referred to as the “Property”.
APQ intends to develop the Property for mixed uses including boat storage, boat dockage, in-out
boat service, marinas, residential condominiums, commercial uses, and open space and recreational areas
(“Development”). The specific improvements to be included in the Development will be defined in this
Agreement and the Planned Unit Development Agreement (“PUD”) to be submitted to the City
(“Development Agreements”).
The Parties agree as follows:
1. Background. The Parties agree the Background paragraphs are true and correct and are
incorporated into the body of this Agreement.
2. APQ Obligations. APQ will develop both the APQ Property and the City Property as a
mixed-use development including boat storage, boat dockage, in-out boat service, marinas,
residential condominiums, commercial uses, and open space and recreational areas in
accordance with the plans and specifications attached to this Agreement as Exhibit C and
in the PUD (“APQ Improvements”). To the extent the plans and specifications in the PUD
differ from the plans and specifications attached to this Agreement, this Agreement shall
control.
3. Schedule for APQ Obligations. The schedule for construction of the APQ Improvements
is set forth on Exhibit D. (Schedule of milestones, improvements and costs)
A summary of the schedule follows:
a. 2021 Repair existing buildings and improve site (“Milestone A”);
b. 2022 Clear and improve municipal peninsula (east of small boat basin) and both APQ
peninsulas. Expand size of small boat basin as depicted on Exhibit C and install an in/out dock.
Improve small boat basin, including removal of the existing rest room facilities and construct
new rest room facilities, implement dry rack boat storage; (“Milestone B”);
c. 2023 Construct the new marina, including public transient dock (“Milestone C”);
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d. 2023 Construct the multi-use building (“Milestone D”);
e. 2025 Construct Condominium Building #1 with 50 residential living units (“Milestone E”);
f. 2026 Construct Condominium Building #2 with 50 residential living units (“Milestone F”);
g. 2027 Construct Condominium Building #3 with 50 residential living units (“Milestone G”);
h. 2028 Construct Condominium Building #4 with 50 residential living units (“Milestone H”);
i. 2029 Construct Condominium Building #5 with 50 residential living units (“Milestone I”); and,
j. 2030 Construct Condominium Building #6 with 50 residential living units (“Milestone J”).
To the extent that the construction of any building requires the relocation of the bike trail,
APQ shall cover the cost of the trail relocation and installing additional landscaping. City
and APQ shall cooperate in working with the State of Michigan in the conversion of the
bike trail from its current location to the new location, if moved. City has no objection to
the public crossing the bike path, provided APQ provides a safe crossing area.
4. Peninsulas. APQ shall provide the City a public access easement to the APQ peninsulas
as long as the City provides to APQ exclusive full access and management of the lift well,
boat ramp and in/out dock, subject to approval of the State of Michigan. APQ shall have
naming rights for the APQ peninsulas that are part of the Project. APQ shall have the right
to manage the APQ peninsulas and schedule events to take place there and charge normal
use fees for that service consistent with other venues, subject a reservation policy mutually
agreeable the City and APQ. The City shall allow APQ to construct improvements on the
peninsulas owned by the City and fill submerged land as necessary to complete
improvements. The cost of improvement made by APQ on the APQ peninsula and the City
peninsula shall not be less than $1,200,000.
5. City Obligations. The City will design and construct street improvements, watermain
improvements, and sanitary sewer improvements, lift well in small boat basin, heavy-duty
triple axle trailer ramp, sidewalks, landscaping, and improvements on surrounding areas,
some of which are owned by the City or APQ for the benefit APQ and the City. The public
improvements shall be constructed in accordance with the plans and specifications attached
as Exhibit E (“Public Improvements”). In addition, the City agrees to coordinate the design
and installation of the other utilities, including gas, telephone, cable and internet (“Other
Utilities”). The Other Utilities shall be built within proposed public right-of-way or public
utility easements. APQ agrees to grant such easements as are necessary to construct the
Other Utilities. The City will be responsible for the construction, and installation of the
Public Improvements together with construction engineering costs, in connection
therewith. The City will coordinate the installation of the Other Utilities.
6. Schedule for City Obligations.
a. Phased Development. APQ and City acknowledge the Public Improvements cannot be
constructed simultaneously. The City may need to decide that certain of the planned
Public Improvements may need to be delayed or not made. The construction of the
planned Public Improvements shall be constructed in accordance with the schedule
attached to this Agreement as Exhibit F (Schedule of milestones, improvements and
costs) and phased as follows:
i. The initial phase shall be the City's construction of, either by City personnel
or contractors, watermain improvements, storm sewer improvements and
sanitary sewer improvements at the west end of Western Avenue and on the
Property.
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ii. The second phase of development shall be construction of roads, curbs and
sidewalks, landscaping, lift well and heavy-duty triple axle trailer ramp located
in the small boat basin.
b. Reservation of City. City shall have no obligation to construct any of the Public
Improvements until the City, in its sole discretion, is satisfied that funds are available
to pay the City, or its contractors, for any of the work to be performed. In the event
City has not made the determination that it is satisfied that such funds are available by
December 31, 2023, this Agreement automatically terminates.
Funding for Public Improvements.
c. Public Grants and Loans. APQ has applied for, or is anticipating applying for, state
and federal grants and loans. The City agrees to cooperate with, and as required by the
relevant programs, to apply for such grants, loans or incentives as reasonably requested
by APQ. More specifically, APQ is anticipating the following grants and government
loans:
i. Boating Infrastructure Grant.
ii. U.S. Department of Fish and Wildlife BIG Grant.
iii. EGLE Loan.
iv. EGLE Grant.
v. State of Michigan MEDC Grant.
vi. State of Michigan Brownfield.
All proceeds from public grants or loans received by APQ for which the City was the
applicant or proceeds are specifically allocated for the cost of construction of Public
Improvements, shall be paid to City upon receipt until such time as the cost of Public
Improvements is paid in full.
d. Brownfield Tax Increment Financing. APQ has submitted to the City of Muskegon
Brownfield Redevelopment Authority, a Michigan public body corporate authority
(the “Authority”), whose address is 933 Terrace Street, Muskegon, Michigan 49440
an amendment to the current brownfield plan. Pursuant to the Brownfield
Redevelopment Financing Act, Act 381 of the Public Acts of Michigan of 1996 as
amended (“Act 381”) the Authority adopted the brownfield plan amendment on
October 12, 2021 (the “Brownfield Plan Amendment”) to add the APQ Property.
i. The Property is included in the Brownfield Plan Amendment as an “eligible
property” because it is a “facility” as defined by Part 201 of the Natural
Resources and Environmental Protection Act (“Part 201”).
ii. Neither the City nor APQ is a liable party, under Part 201, for remediation of
any existing contamination on the Property.
iii. APQ has and will continue to conduct Eligible Activities (as defined in Act
381) on the Property to address environmental and other brownfield
conditions, in a collaborative effort to position the Property for redevelopment.
Actual expenditures by the Parties to undertake eligible environmental
activities on the Property are estimated to be $35 million dollars not including
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interest. Eligible demolition and site preparation costs incurred by these same
parties is estimated to exceed $13 million dollars. These efforts are aimed at
facilitating the redevelopment of the Property as a transformational mixed-use
project, including residential and various commercial uses (the “Project”).
iv. The Project will include demolition activities, performance of baseline
environmental assessment activities, due care and other environmental
response activities, site preparation activities, demolition activities,
construction of infrastructure improvements, Brownfield Plan Amendment
and work plan preparation, contingency, interest and other Eligible Activities,
all as described in the Brownfield Plan Amendment and eligible for
reimbursement under Act 381.
v. The cost of Eligible Activities may be incurred by the City and APQ, The total
cost of the Eligible Activities in the Brownfield Plan Amendment, including
contingencies, is estimated to be $35 million dollars (the “Total Eligible
Brownfield TIF Costs”). To accommodate the lapse in time from when costs
of Eligible Activities are incurred to when tax increment revenues become
available for reimbursement of those costs, interest at the rate of 5% per annum
is also included in the Brownfield Plan Amendment in the estimated total
amount of $28million dollars (collectively, the interest plus the costs of
Eligible Activities are referred to as the “Total Eligible Brownfield TIF
Costs”).
vi. The Eligible Activities will facilitate redevelopment of the Property which will
improve the environmental and aesthetic condition of the Property, increase
employment within the City, increase tax base within the City, and otherwise
enhance the economic vitality, environmental health and quality of life in the
City.
vii. Act 381 permits the Authority to capture and use the school tax (where
applicable) and local property tax revenues (both real and personal property)
generated from the incremental increase in property value of a redeveloped
brownfield site constituting an “eligible property” under Act 381 to pay or to
reimburse the cost of Eligible Activities conducted on the “eligible property”
(the “Brownfield TIF Revenue”).
viii. In accordance with Act 381, the parties desire to establish a procedure for using
the available Brownfield TIF Revenue generated from the Property to
reimburse the City and APQ for completion of Eligible Activities on the
Property in amounts not to exceed the Total Eligible Brownfield TIF Costs.
ix. During the Term (defined below) of this Agreement, and except as set forth in
Paragraph 3 below, the Authority shall reimburse the City and APQ for the
cost of Eligible Activities conducted on the Property from the Brownfield TIF
Revenue collected from the Property in accordance with the Brownfield Plan
Amendment. The amount reimbursed to the City and APQ for the Eligible
Activities shall not exceed the lesser of (a) the cost of Eligible Activities
incurred by the Property Owner plus interest, or (b) the Total Eligible
Brownfield TIF Costs plus interest. The Authority shall capture Brownfield
TIF Revenue from the Property and reimburse the City and APQ for the cost
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of Eligible Activities incurred by the Parties until the earlier of the Parties
being fully reimbursed or December 31, 2056 (“Term”). If the Term ends
before the full reimbursement of all Total Eligible Brownfield TIF Costs, the
last reimbursement payment by the Authority shall be the summer and winter
tax increment collected during the final year of this Agreement.
x. Reimbursement payments shall be made on a semi-annual basis as incremental
local and school taxes are captured and available.
xi. During the term of this Agreement, the Authority shall capture all approved
and authorized Brownfield TIF Revenue from the Property and use those
revenues as provided in this Agreement.
xii. Reimbursement Process.
1. The City and APQ shall periodically each jointly submit to the
Authority a “Request for Cost Reimbursement” of Eligible Activities
paid for by the City and APQ during the term of this Agreement. All
costs for the Eligible Activities must be consistent with the approved
Brownfield Plan Amendment. The City and APQ must include
documentation sufficient for the Authority to determine whether the
costs incurred were for Eligible Activities, including detailed
construction draws or invoices and proof of payment or lien waivers.
Copies of all invoices for Eligible Activities must note what Eligible
Activities they support.
2. Within forty-five (45) days after receiving a Request for Cost
Reimbursement, the Authority shall pay to the City and APQ the
amounts for which submissions have been made pursuant to this
Agreement from which the submission may be wholly or partially paid
from available Brownfield TIF Revenue from the Property.
Until the City is fully reimbursed for all of the cost of Eligible
Activities incurred by the City as listed in the approved Brownfield
Plan Amendment, including the cost of the lift well and improvements
on and under Western Avenue, all Brownfield TIF Revenue captured
for Eligible Activities shall be paid to the City and no one else. Once
the City is fully reimbursed for the costs it incurred for Eligible
Activities on the Property as listed in the approved Brownfield
Amendment, 100% of all Brownfield TIF Revenue captured shall be
paid to any other party which has incurred Eligible Expenses,
including APQ, until all Eligible Expenses have been fully reimbursed
or until the end of the Term, whichever first occurs.
3. All requests for Cost reimbursement submitted by APQ in connection
with this Agreement and the Brownfield Reimbursement Agreement
between City, APQ, and the City of Muskegon Brownfield
Redevelopment Authority, see attached Exhibit M, and all requests for
cost reimbursement submitted by future owners of all or a portion of
the APQ Property pursuant to a separate Development and
Reimbursement Agreement(s), shall be reimbursed in the order in
5
which they are received by the City of Muskegon Brownfield
Redevelopment Authority from the portion of the Brownfield TIF
revenue, excluding the portion to be paid to City, as described above.
4. The Parties shall cooperate with the Authority’s review by providing
information and documentation to supplement the Request for Cost
Reimbursement which may be reasonably requested by the Authority
during its review period.
5. All or any portion of any Request for Cost Reimbursement that is not
paid within 45 days after receipt by the Authority shall accrue simple
interest at the rate of five percent (5%) per annum from the date the
Request for Cost Reimbursement is submitted to the Authority for
payment until the earlier of the date of full reimbursement, including
interest. The payment of interest shall be subject to the following
limitations (i) to the extent there is not sufficient Brownfield TIF
Revenue captured and collected in a fiscal year and permitted to be
used to pay interest accruing in such fiscal year, any unpaid interest
shall not be paid, but shall carry over to the next fiscal year, (ii) interest
carried over to subsequent fiscal years shall not accrue interest (i.e.,
no interest on interest), and (iii) interest on School Taxes captured
shall only be payable to the extent permitted by the Michigan Strategic
Fund (“MSF”) and/or the Michigan Department of Environmental
Quality (“MDEQ”).
6. The Authority shall have no obligation to reimburse the City or any
other entity for Eligible Costs or interest from Brownfield TIF
Revenue captured after 35 years after the date of the adoption of the
Development and Reimbursement Agreement.
xiii. Allocation of Base Value and Priority of Reimbursements.
1. The initial taxable value of the Property as of the date of this
Agreement is $903,810, as set forth in the Brownfield Plan
Amendment (“Base Value”). If the Property is divided into two or
more separate taxable parcels in connection with the development of
the Project, the Base Value shall be allocated to each resulting parcel
based upon the relative number of square feet of each parcel. The Base
Value allocated to a separate undeveloped parcel in this manner shall
be the base value of that parcel for purposes of calculating Brownfield
TIF Revenue, regardless of when any Development and
Reimbursement Agreement is entered into in connection with the
redevelopment of that parcel. Brownfield TIF Revenue generated
from any separate parcel divided from the Property after the date of
this Agreement shall be available for reimbursement of the
Authority’s Administrative Fee and payment of all requests for cost
reimbursement submitted by owners of all or any portion of the
Property.
6
2. Notwithstanding any provision in this Agreement to the contrary, the
Authority’s annual TIF Management Administrative Fee, as described
in the Brownfield Plan Amendment, shall be paid to the Authority
each year to the extent that Brownfield TIF Revenue has been captured
and collected during that year, prior to the payment of any Request for
Cost Reimbursement.
xiv. Adjustments.
1. Until the cost of eligible activities is fully reimbursed to the City, APQ
agrees to waive any appeal of any tax assessment or reassessment of
any portion of the Property; provided, however, that this waiver shall
not be binding on any person or entity who acquires title to all or any
portion of the Property after the date of this Agreement.
2. If, due to an appeal of any tax assessment or reassessment of any
portion of the Property, or for any other reason the Authority is
required to reimburse any Brownfield TIF Revenue previously paid to
the City, APQ or any future owner to any tax levying unit of
government, the Authority may deduct the amount of any such
reimbursement, including interest and penalties, from any amounts
due and owing the City and APQ. If all amounts due the City and APQ
under this Agreement have been fully paid or the Authority is no
longer obligated to make any further payments to the City or APQ, the
Authority shall invoice the City and APQ for the amount of such
reimbursement and the City and APQ shall pay the Authority such
invoiced amount within 45 days of receipt of the invoice. Amounts
invoiced and paid to the Authority by the City or APQ pursuant to this
Section shall be reinstated as Eligible Activities for which the City and
APQ shall have the opportunity to be reimbursed in accordance with
the terms, conditions and limitations of this Agreement.
xv. Legislative Authorization.
This Agreement is governed by and subject to the restrictions set forth in Act
381. If there is legislation enacted in the future that alters or affects the amount
of Brownfield TIF Revenue subject to capture, eligible property, or Eligible
Activities, then the Property Owner’s rights and the Authority’s obligations
under this Agreement shall be modified accordingly as required by law, or by
agreement of the parties.
e. Special Assessment.
i. Design and Construction of Interior Roads and Utilities. The City agrees to
design and construct Public Improvements and coordinate the installation of
the Other Utilities.
ii. Excess Cost and Special Assessment. APQ agrees that the Property shall be
subject to a special assessment ("Special Assessment") in the amount of
$1,000,000 to the extent any amount of the cost of design, permitting,
construction and installation of the Public Improvements and Other Utilities is
7
unpaid after July 1, 2026. APQ consents to the Special Assessment and agrees
to execute the Consent to Special Assessment attached as Exhibit G. City
agrees to discharge the Special Assessment upon completion by APQ of all of
the following improvements:
1. 275 Slip Marina and all associated infrastructure;
2. Multi-purpose building as depicted on the approved site plan; and,
3. First of the 50 Unit Condominium Buildings depicted on the site plan
7. Cooperation During Development. The Parties shall cooperate during the Project in
accordance with the Cooperative Development and Use Agreement attached as Exhibit I.
8. Easement for Public Access. Within 5 days of the date when the lift well is constructed,
APQ shall grant to the City the easement in accordance with the Easement attached as
Exhibit J.
9. Ground Lease. Contemporaneously with the execution of this Agreement, the Parties shall
execute the ground lease in accordance with the Ground Lease attached as Exhibit K.
10. Management. City agrees that APQ will be the on-site manager for the Travel lift/forklift,
lift well and in/out dock and will maintain all Property at its sole expense for a period of
30 years unless sooner terminated by APQ. APQ may charge use fees in an amount
comparable to fees charged by other marina for similar services.
11. State and Federal Liens. APQ acknowledges that the City Property is subject to the state
and federal liens as set forth on Exhibit L (“Government Liens”). APQ understands that
the Government Liens have restrictions and limitations on development and that some liens
may be perpetual. APQ has reviewed each Government Lien and is entering into this
Agreement with full knowledge of each Government Lien, the restrictions and limitations
imposed on development of the City Property and the duration of each Government Lien.
12. Limitations of Development on City Property subject to Government Liens. It is the
understanding of the Parties after meeting with DNR:
a. The DNR will permit the restroom facility to be moved so long as a replacement
restroom is built on the City Property.
b. The bike trail can be moved to the extent the new location is of comparable size and
quality.
c. The small boat basin may be re-purposed so long as APQ provides the same or better
public access to Muskegon Lake.
13. Third Party Consents. The Parties recognize that the development of the Project will
require the consent of approval of third parties including:
a. Michigan Department of Environment, Great Lakes & Energy;
b. Michigan Department of Natural Resources;
c. Holder of the conservation easement on the APQ Property; and,
d. Muskegon County Drain Commissioner.
8
In the event a consent or approval cannot be timely obtained, the Parties shall work together
to find a mutually agreeable solution.
14. Notices. All notices, approvals, consents and other communications required under this
Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii)
when sent by fax or email: (iii) when sent by a nationally-recognized receipted overnight
delivery service with delivery fees prepaid; or (iv) when sent by united states first-class,
registered, or certified mail, postage prepaid. The notice shall be effective immediately
upon personal delivery or upon transmission of the fax or email; one day after depositing
with a nationally recognized overnight delivery service; and five days after sending by first
class, registered, or certified mail. Notices shall be sent to the parties as follows:
To: City of Muskegon To: APQ
933 Terrace Street 1204 W. Western Ave.
Muskegon, MI 49440 Muskegon, MI 49440
Attn: City Manager Attn: Ryan Leestma
w/copy to: w/copy to:
Parmenter O’Toole Jaffe, Raitt Heuer & Weiss, P.C.
601 Terrace Street 27777 Franklin Rd. Suite 2500
Muskegon, Michigan 49440 Southfield, Michigan 48034
Attn: City Attorney Attn: Kenneth J. Clarkson
15. Recording. This Agreement shall not be recorded; however, upon the request of either
party hereto, the other party shall join in the execution of a memorandum or "short form"
of this Agreement for the purposes of recordation.
16. Force Majeure. Notwithstanding anything herein to the contrary, if due to a Force
Majeure Event (defined below), APQ and/or City is prevented from timely performing
under this Agreement or any third‐party providing services or required information in
connection with this Agreement (e.g.: lender, appraiser, title company, surveyor,
environmental consultants, governmental jurisdictions, etc.) closes its offices, suspends
operations or otherwise prevents APQ and/or the City from timely performing under the
Agreement as originally contemplated, then the applicable outstanding dates, deadlines or
time periods herein, shall each be extended for the duration of the Force Majeure Event
and shall resume on such date that APQ and the City, as applicable, are once again able to
perform their obligations under this Agreement. To invoke the tolling of time periods as
set forth herein for a Force Majeure Event, the applicable party must send written notice to
the other party specifying the reason for invocation and the date on which the tolling of
time begins and a subsequent notice shall be delivered to confirm the date the Force
Majeure Event ended. The term "Force Majeure Event" as used herein shall mean the
following: Act of God; strike, lockout, or other labor or industrial disturbance; war;
blockade; public riot; fire; storm; flood; explosion; or other delay caused by unforeseeable
circumstances beyond the reasonable control of APQ or the City as applicable, including
widespread sickness (including sickness causing quarantine and other "stay at home" or
"shelter in place" orders, and including, but not limited to, the Coronavirus Disease 2019.
9
17. Severability. If any term, provision or condition contained in this Agreement shall, to any
extent, be invalid or unenforceable, the remainder of this Agreement (or the application of
such term, provision or condition to persons or circumstances other than those in respect
of which it is invalid or unenforceable) shall not be affected thereby, and each term,
provision or condition of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
18. Miscellaneous. This Agreement may be amended or modified only by the written
agreement of APQ and City. Each exhibit attached to this Agreement is incorporated and
made a part of this Agreement as though more fully set forth in this Agreement. If the
deadline for performing any act would otherwise fall on a weekend day or a holiday, such
deadline shall automatically be extended to the next succeeding business day. This
Agreement shall be interpreted under and governed by the laws of the State of Michigan.
All representations and warranties made in this Agreement by APQ and City shall survive
the termination of this Agreement for a period of one year.
19. Counterparts; Electronic Signatures. This Agreement may be executed in any number
of counterparts, each of which shall be deemed to be an original, but all of which together
shall be deemed to be one and the same instrument. Electronically imaged signatures may
be used in place of original signatures on this Agreement. APQ and City intend to be bound
by the signatures on the electronically imaged document, are aware that the other party will
rely on such signatures, and hereby waive any defenses to the enforcement of the terms of
this Agreement based on the form of signature.
20. Binding Effect. This Agreement shall be binding upon and enforceable by the parties and
their respective legal representatives, successors, and assigns.
21. Assignment or Delegation. Neither party shall assign or delegate all or any portion of its
rights or obligations contained in this Agreement without the express or prior written
approval of the other party, in which approval may be withheld in the other party's sole
discretion.
22. Estoppel. If requested by APQ, City will provide an estoppel certificate to such party as
requested by APQ which certificate shall provide, if true, that the Development Agreement
and the exhibits represent the entire agreement between APQ and City and that no defaults
exist under the Development Agreement and no events have occurred that would, with
notice or the expiration of a period of time, constitute a default.
[Signatures appear on following two pages.]
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[City Signature Page 1 to Development Agreement]
The foregoing Development Agreement is accepted and agreed to.
CITY:
CITY OF MUSKEGON,
a municipal corporation
BY________________________
Name: Stephen J. Gawron
Title: Mayor
Date: ____________________, 2021
BY: ________________________
Name: Ann Meisch
Title: Clerk
Date: ____________________, 2021
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[APQ Signature Page 2 to Development Agreement]
The foregoing Development Agreement is accepted and agreed to.
APQ:
ADELAIDE POINTE QOZB, LLC,
A Michigan limited liability company
By
Name:
Title:
Date: ____________________, 2021
12
Exhibit A
APQ Property Legal Description and Survey
(Available upon Request by City)
13
Exhibit B
City Property Legal Description and Survey
(Available upon Request by APQ)
14
Exhibit C
APQ Plans and Specifications
15
Exhibit D
Intentionally Omitted
16
Exhibit E
City Plans and Specifications
To be attached at a later date.
17
Exhibit F
Intentionally Omitted
18
Exhibit G
APQ Consent to Special Assessment
To be attached at a later date
19
Exhibit H
Intentionally Omitted
20
Exhibit I
Cooperative Development and Use Agreement
21
Exhibit J
Easement for Public Access
22
Exhibit K
Ground Lease
23
Exhibit L
Government Liens
To be attached at a later date
24
Exhibit M
Brownfield Reimbursement Agreement
25
Exhibit N
Intentionally Omitted
26
BROWNFIELD REIMBURSEMENT AGREEMENT
This BROWNFIELD REIMBURSEMENT AGREEMENT (the “Agreement”) is made on
October, 2021, by and among the CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT
AUTHORITY, a Michigan public body corporate whose address is 933 Terrace Street, Muskegon,
Michigan 49443 (the “Authority”), the CITY OF MUSKEGON, a public body corporate whose address is
933 Terrace Street, Muskegon, Michigan 49443 (the “City”), and Adelaide Pointe QOZB, LLC, a Michigan
limited liability company whose address is 1204 West Western Avenue, Muskegon, Michigan 49441 (the
“Developer”).
RECITALS
A. Pursuant to P.A. 381 of 1996, as amended (“Act 381”), the Authority approved and
recommended a Brownfield Plan which was duly approved by the City (the “Plan”). The Plan was amended
on October , 2021 (the “Amendment,” and, together with the Plan, the “Brownfield Plan” - See Exhibit
A) to identify a new marina, boat storage, commercial/residential redevelopment project proposed by
Developer and the City.
B. The Brownfield Plan includes specific eligible activities associated with the Developer's
plan to develop approximately 35 acres of land located at 1148 & 1204 West Western Avenue in Muskegon,
Michigan (collectively, the “Developer Property”).
C. The Brownfield Plan also includes specific eligible activities associated with the City's plan
to make improvements to the public infrastructure associated with the development.
D. The Developer owns the Developer Property, which is included in the Brownfield Plan as
an “eligible property” because it was determined to be a “facility”, as defined by Part 201 of the Natural
Resources and Environmental Protection Act (“Part 201”), or adjacent and contiguous to an “eligible
property.” Neither the City, the Authority nor APQ is a liable party, under Part 201, for remediation of any
existing contamination on the Developer Property.
E. The Developer intends to conduct eligible activities on the Developer Property including
revitalizing existing site structures for boat storage, business offices, and lease space (approx. 218,000 sf);
creation of a new 280 slip marina and construction of a three-story, mixed-use building with ground level
retail and office space, a second floor restaurant, and third floor deck area (approx. 7,500 sf); 50 boat
condos (totaling approx. 250,000 gross sf); and 250 - 300 residential condo units (averaging approx. 1,500
sf each) within a six building footprint (the “Project”), including department specific activities, demolition,
site preparation and infrastructure improvement activities, a 15% contingency and brownfield plan/work
plan preparation and development, as described in the Brownfield Plan, with an estimated cost of
$54,166,757 (the “Developer Eligible Activities”). As part of the Project, the City also intends to conduct
certain eligible public infrastructure improvement activities, as described in the Brownfield Plan, with an
estimated cost of $12,608,621 (the “City Eligible Activities”). All of the Developer Eligible Activities and
the City Eligible Activities (together, the “Eligible Activities”) are eligible for reimbursement under Act
381. The total cost of the Eligible Activities, including contingencies, are $66,775,378 (the “Total Eligible
Brownfield TIF Costs”).
F. Act 381 permits the Authority to capture and use local and certain school property tax
revenues generated from the incremental increase in property value of a redeveloped brownfield site
constituting an “eligible property” under Act 381 (the “Brownfield TIF Revenue”) to pay or to reimburse
the payment of Eligible Activities conducted on the “eligible property.” The Brownfield TIF Revenue will
be used to reimburse the Developer for the Developer Eligible Activities and the City for the City Eligible
Activities incurred and approved for the Project.
G. In accordance with Act 381, the parties desire to establish the procedure for using the
available Brownfield TIF Revenue generated from the Property to reimburse the Developer and the City
for completion of Eligible Activities on the Property in an amount not to exceed the Total Eligible
Brownfield TIF Costs.
NOW, THEREFORE, the parties agree as follows:
1. Reimbursement Source.
(a) During the Term (as defined below) of this Agreement, and except as set forth in paragraph
2 below, the Authority shall reimburse the Developer and City for the costs of their Eligible Activities
conducted on or proximate to the Developer Property from the Brownfield TIF Revenue collected from the
real and taxable personal property taxes on the Developer Property. The amount reimbursed to the
Developer and City, respectively, for their Eligible Activities shall not exceed the Total Eligible Brownfield
TIF Costs, and reimbursements shall be made on approved costs submitted and approved in connection
with the Developer Eligible Activities and the City Eligible Activities, as follows:
(i) the Authority shall pay 100% of available Brownfield TIF Revenue to the City
until such time as the City is paid in full for 100% of the City Eligible Expenses; and
(ii) At such time as the City is paid in full for 100% of the City Eligible Expenses, the
Authority shall pay 100% of available Brownfield TIF Revenue to Developer to reimburse the cost
of the remaining Developer Eligible Activities submitted and approved for reimbursement by the
Authority until Developer is fully reimbursed.
(b) The Authority shall capture Brownfield TIF Revenue from the Property and reimburse the
Developer and City for their Eligible Activities until the earlier of the City and Developer each being fully
reimbursed or December 31, 2051, unless the commencement date of tax capture is extended pursuant to
Act 381 in which case the date herein shall be commensurately extended for the same period. Unless
otherwise prepaid by the Authority, payments to the City and Developer shall be made on a semiannual
basis as incremental local taxes are captured and available.
2. Developer Reimbursement Process.
(a) The Developer shall submit to the Authority, not more frequently than on a quarterly basis,
a “Request for Cost Reimbursement” for Developer Eligible Activities paid for by the Developer during
the prior period. All costs for the Developer Eligible Activities must be consistent with the approved
Brownfield Plan. The Developer must include documentation sufficient for the Authority to determine
whether the costs incurred were for Developer Eligible Activities, including detailed invoices and proof of
payment. Copies of all invoices for Developer Eligible Activities must note what Developer Eligible
Activities they support.
4894-5339-5968.v2
(b) Unless the Authority disputes whether such costs are for Developer Eligible Activities
within thirty (30) days after receiving a Request for Cost Reimbursement from the Developer and after the
City is paid in full for 100% of the City Eligible Expenses, the Authority shall pay the Developer the
amounts for which submissions have been made pursuant to paragraph 2(a) of this Agreement in accordance
with the priority set forth in paragraph 1, from which the costs shally be wholly or partially paid from
available Brownfield TIF Revenue from the Developer Property.
(i)The Developer shall cooperate with the Authority's review of its Request for Cost
Reimbursement by providing supplemental information and documentation which may be
reasonably requested by the Authority.
(ii) If the Authority determines that requested costs are ineligible for reimbursement,
the Authority shall notify the Developer in writing of its reasons for such ineligibility within the
Authority's thirty (30) day period of review. The Developer shall then have thirty (30) days to
provide supplemental information or documents to the Authority demonstrating that the costs are
for Developer Eligible Activities and are eligible for reimbursement.
(c) If a partial payment is made to the Developer by the Authority because of insufficient
Brownfield TIF Revenue captured in the semi-annual period for which reimbursement is sought, the
Authority shall make additional payments toward the remaining amount within thirty (30) days of its receipt
of additional Brownfield TIF Revenue from the Developer Property until all of the amounts for which
submissions have been made have been fully paid to the Developer, or by the end of the Term (as defined
below), whichever occurs first. The Authority is not required to reimburse the Developer from any source
other than Brownfield TIF Revenue.
(d) The Authority shall send all payments to the Developer by registered or certified mail,
addressed to the Developer at the address shown above, or by electronic funds transfer directly to the
Developer's bank account. The Developer may change its address by providing written notice sent by
registered or certified mail to the Authority.
3. City Reimbursement Process.
(a) The City shall submit to the Authority, not more frequently than on a quarterly basis, a
“Request for Cost Reimbursement” for City Eligible Activities paid for by the City during the prior period.
All costs for the City Eligible Activities must be consistent with the approved Brownfield Plan. The City
must include documentation sufficient for the Authority to determine whether the costs incurred were for
City Eligible Activities, including detailed invoices and proof of payment. Copies of all invoices for City
Eligible Activities must note what City Eligible Activities they support.
(b) Unless the Authority disputes whether such costs are for City Eligible Activities within
thirty (30) days after receiving a Request for Cost Reimbursement from the City, until such time as the City
is paid in full for 100% of the City Eligible Expenses, the Authority shall pay the City the amounts for
which submissions have been made pursuant to paragraph 3(a) of this Agreement in accordance with the
priority set forth in paragraph 1, from which the submission may be wholly or partially paid from available
Brownfield TIF Revenue from the Developer Property.
(i) The City shall cooperate with the Authority's review of its Request for Cost
Reimbursement by providing supplemental information and documentation which may be
reasonably requested by the Authority.
4894-5339-5968.v2
(ii) If the Authority determines that requested costs are ineligible for reimbursement,
the Authority shall notify the City in writing of its reasons for such ineligibility within the
Authority's thirty (30) day period of review. The City shall then have thirty (30) days to provide
supplemental information or documents to the Authority demonstrating that the costs are for City
Eligible Activities and are eligible for reimbursement.
(c) If a partial payment is made to the City by the Authority because of insufficient Brownfield
TIF Revenue captured in the semi-annual period for which reimbursement is sought, the Authority shall
make additional payments toward the remaining amount within thirty (30) days of its receipt of additional
Brownfield TIF Revenue from the Developer Property until all of the amounts for which submissions have
been made have been fully paid to the City, or by the end of the Term (as defined below), whichever occurs
first. The Authority is not required to reimburse the City from any source other than Brownfield TIF
Revenue.
(d) The Authority shall send all payments to the City by registered or certified mail, addressed
to the City at the address shown above, or by electronic funds transfer directly to the City's bank account.
The City may change its address by providing written notice sent by registered or certified mail to the
Authority.
4. Term of Agreement.
The Authority's obligation to reimburse the City and Developer for the Total Eligible Brownfield
TIF Costs incurred by each party under this Agreement shall terminate the earlier of the date when all
reimbursements to the City and Developer required under this Agreement have been made or December
31, 2056 unless extended as provided in paragraph 1b (the “Term”). If the Brownfield TIF Revenue ends
before all of the Total Eligible Brownfield TIF Costs have been fully reimbursed to the City and Developer,
the last reimbursement payment by the Authority shall be paid from the summer and winter tax increment
revenue collected during the final year of this Agreement.
5. Adjustments.
If, due to an appeal of any tax assessment or reassessment of any portion of the Developer Property,
or for any other reason, the Authority is required to reimburse any Brownfield TIF Revenue to any tax
levying unit of government, the Authority may deduct the amount of any such reimbursement, including
interest and penalties, from any amounts due and owing to the Developer and City. If all amounts due to
the City and Developer under this Agreement have been fully paid or the Authority is no longer obligated
to make any further payments to the City or Developer, the Authority shall invoice the Developer and City
for the amount of such reimbursement and the Developer and City shall pay the Authority such invoiced
amount within thirty (30) days of the receipt of the invoice. Amounts withheld by or invoiced and paid to
the Authority by the Developer and/or City pursuant to this paragraph shall be reinstated as Developer
Eligible Activities and City Eligible Activities, respectively, for which the Developer and City shall have
the opportunity to be reimbursed in accordance with the terms, conditions, and limitations of this
Agreement. Nothing in this Agreement shall limit the right of the Developer to appeal any tax assessment.
6. Legislative Authorization.
This Agreement is governed by and subject to the restrictions set forth in Act 381. If there is
legislation enacted in the future that alters or affects the amount of Brownfield TIF Revenue subject to
capture, eligible property, or Eligible Activities, then the Developer's and City's rights and the Authority's
obligations under this Agreement shall be modified accordingly as required by law, or by agreement of the
parties.
4894-5339-5968.v2
7. Notices.
All notices shall be given by registered or certified mail addressed to the parties at their respective
addresses as shown above. Any party may change the address by written notice sent by registered or
certified mail to the other party.
8. Assignment; Collateral Assignment.
This Agreement and the rights and obligations under this Agreement shall not be assigned or
otherwise transferred by any party without the consent of the other parties, which shall not be unreasonably
withheld, provided, however, the Developer and City may assign their interest in this Agreement to an
affiliate, as defined below without the prior written consent of the Authority if such affiliate acknowledges
its obligations to the Authority under this Agreement upon assignment in writing on or prior to the effective
date of such assignment. As used in this paragraph, “affiliate” means any corporation, company,
partnership, limited liability company, trust, sole proprietorship or other entity or individual which (a) is
owned or controlled by the Developer or City, (b) owns or controls the Developer or City or (c) is under
common ownership or control with the Developer or City. This Agreement shall be binding upon and inure
to the benefit of any successors or permitted assigns of the parties. Own, control and common ownership
shall mean that not less than 80% of the ownership/control of the assignee is owned and controlled by
Developer.
Developer and City may each make a collateral assignment of their share of the Brownfield TIF Revenue
for project financing purposes, provided, until such time as the City is paid in full for 100% of the City
Eligible Expenses, any collateral assignment of Brownfield TIF Revenue made by Developer shall be
subordinate to the obligation of the Authority to pay the City. . Following the date the City is paid in full
for 100% of the City Eligible Expenses and, completion of the development as prescribed in this Agreement
and the Brownfield Plan, Developer may assign its rights to payment hereunder without the consent of the
City or the Authority provided that the assigning party shall provide prompt notice of such assignment to
the Authority at the address provided herein with a written assignment document that adequately confirms
and provides for the assignment and confirms that assignor remains fully liable otherwise and releases the
City and the Authority for liability for future payments.
9. Entire Agreement.
This Agreement supersedes all agreements previously made between the parties relating to the
subject matter. There are no other understandings or agreements between the parties.
10. Non-Waiver.
No delay or failure by either party to exercise any right under this Agreement, and no partial or
single exercise of that right, constitutes a waiver of that or any other right, unless otherwise expressly
provided herein.
11. Governing Law.
This Agreement shall be construed in accordance with and governed by the laws of the State of
Michigan.
4894-5339-5968.v2
12. Dispute Resolution.
In the event a dispute shall arise as to the parties’ respective rights, duties and obligations under
this Agreement, or in the event of a claim of breach of the Agreement or Event of Default by any party,
such disputes shall be exclusively resolved in Muskegon County Circuit Court unless otherwise mutually
agreed by the parties.
13. Survival.
Except as otherwise provided in this Agreement, all representations, warranties, covenants and
agreements of the parties contained or made pursuant to this Agreement shall survive the execution of this
Agreement.
14. Recitals.
The recitals set forth above are incorporated by reference into the Agreement as if fully set forth
therein.
15. Conflicts.
If a conflict arises between the terms of or definitions in this Agreement Act 381, Act 381 shall
prevail and control. If a conflict arises between the terms of or definitions in this Agreement and the
Brownfield Plan, this Agreement shall prevail and control. If a conflict arises between the terms of, or
definitions in, this Agreement and the Development Agreement, the Development Agreement shall prevail
and control. All capitalized terms in this Agreement shall have the meaning provided herein. If no definition
is provided herein, the term shall be deemed to have the meaning provided in Part 201, Act 381 or the
Development Agreement as applicable.
16. Interpretation.
This is the entire agreement between the parties as to its subject. It shall not be amended or
modified except in writing signed by the parties. It shall not be affected by any course of dealing and the
waiver of any breach shall not constitute a waiver of any subsequent breach of the same or any other
provision.
17. Headings.
Headings in this Agreement are for convenience only and shall not be used to interpret or construe
its provisions.
18. Force Majeure.
Except for payment of sums due, neither party shall be liable to the other or deemed in default
under this Agreement if and to the extent that such party's performance under this Agreement is prevented
by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the
party so delayed and could not have been avoided by exercising reasonable diligence, which may include,
for example, natural disaster or decrees of governmental bodies not the fault of the affected party(s). If
either party is delayed by force majeure, the party affected shall provide written notification to the other
party immediately, but shall do everything reasonably possible to resume performance. The notification
shall provide evidence of the force majeure event to the satisfaction of the other party.
4894-5339-5968.v2
19. Miscellaneous.
This Agreement may not be amended, altered or modified unless done so in writing by the person
against whom enforcement of any waiver, change, modification, or discharge is sought. This Agreement
and the exhibits to this Agreement contain all of the representations and statements by the parties to one
another, and express the entire understanding between parties, with respect to the Brownfield Plan and
Developer. All prior and contemporaneous communications between the City, the Authority and the
Developer concerning the Brownfield Plan and the development not in a written agreement are merged in
and replaced by this Agreement.
20. Counterparts.
This Agreement may be executed in two or more counterparts, each of which shall be deemed an
original but all of which together shall constitute one and the same instrument.
[Signatures appear on following three pages.]
4894-5339-5968.v2
[City Signature Page 1 to Brownfield Reimbursement Agreement]
The foregoing Brownfield Reimbursement Agreement is accepted and agreed to.
CITY:
CITY OF MUSKEGON,
a Municipal corporation
By:________________________
Name: Stephen J. Gawron
Title: Mayor
Date: ____________________, 2021
By: ________________________
Name: Ann Meisch
Title: Clerk
Date: ____________________, 2021
4894-5339-5968.v2
[APQ Signature Page 2 to Brownfield Reimbursement Agreement]
The foregoing Brownfield Reimbursement is accepted and agreed to.
APQ:
ADELAIDE POINTE QOZB, LLC,
A Michigan limited liability company
By
Name:
Title:
Date: ____________________, 2021
4894-5339-5968.v2
[Authority Signature Page 3 to Brownfield Reimbursement Agreement]
The foregoing Brownfield Reimbursement is accepted and agreed to.
Authority:
CITY OF MUSKEGON BROWNFIELD
REDEVELOPMENT AUTHORITY
By
Name:
Title:
Date: ____________________, 2021
4894-5339-5968.v2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 26, 2021 Title: Michigrown - Consumption Event
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: Michigrown is planning a consumption event with music and entertainment at 331
W. Laketon from noon until 11 pm on June 4, 2022. The City Clerk’s signature is required on the
attestation for the event permit filed with the State of Michigan.
Detailed Summary: This event was approved on July 27, 2021 and is being rescheduled. They do
plan to provide live music at the event.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To authorize the Clerk to sign the attached attestation and approve live
music at the event contingent upon a meeting and approval with the special event staff.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 26, 2021 Title: Local Officers Compensation
Commission Recommendation
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: The City of Muskegon’s Local Officers Compensation Commission met on October
18, 2021 and are recommending a salary increase of $600 for the Mayor and City Commissioners.
No increase was recommended for the travel budget.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: No action is required unless City Commission rejects the Committee
Recommendation.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 26, 2021 Title: MiDeal with Staples
Submitted By: Kenneth Grant Department: Finance
Brief Summary: Enter into a MiDeal Participation Agreement with Staples
Detailed Summary: Staples was selected by the State of Michigan for the MiDeal Participation
Agreement. This agreement allows local units of government to get the same cost savings as the
State of Michigan when ordering items thru Staples. The savings are on paper, office supplies,
furniture, janitorial supplies, and other goods. The MiDeal Participation Agreement goes until May
31, 2022 plus two 1-year optional extensions.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To allow the Finance Director to enter into a MiDeal Participation
Agreement with Staples.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
MiDEAL Members Quick Facts
State of Michigan-Contract 190000000268
Office Supplies and Office Related Products
Lead Agency – State of Michigan – www.Michigan.gov/dtmb/
The Department of Technology, Management and Budget supports the business operations of
state agencies through a variety of services, including building management and maintenance,
information technology, centralized contracting and procurement, budget and financial
management, space planning and leasing, construction management, motor vehicle fleet
operations, and oversight of the state retirement systems.
Contract Term – Mar 1, 2019 – May 31, 2022 (3 years plus two 1 year optional extensions)
Total of 5 years available with optional extensions
Bidders –
Staples: Awarded 84 Technical Evaluation Points
Office Depot: Awarded 33 Technical Evaluation Points
Awarded Bidder - Staples Contract & Commercial LLC, operating as Staples
Eligible Customers/Agencies –
• Active MiDEAL members. MiDEAL members include local units of government, school districts,
universities, community colleges, and nonprofit hospitals within the State of Michigan.
• A current list of MiDEAL members is available at www.michigan.gov/mideal/
Admin Fee Paid to the MiDEAL Members -
• For sales made to MiDeal Members, the administrative fee remitted to the MiDEAL members
equals a half percent (.5%) of the total Net Sales made to MiDeal Members.
• The Contractor must remit the applicable administrative fee payments owed to the MiDeal
Member by check payable directly to the MiDeal Member and mailed to their provided address.
Products Included - The Contractor will provide their organization’s entire catalog of products
and services as part of this contract. This will allow the State and Participating Agencies the
opportunity to order a broad range of products and services, as appropriate for their needs.
Serving: State & Local Government ● Higher Education ● K12 ● And More…
Pricing Highlights (Excerpts: See Master Agreement for complete pricing details)
A. Core/Hot List. Net pricing on approximately 1,200 items established for the State and
Participating Agencies.
• Participating Agencies may modify or amend this list per their specific requirements
and usage if deemed necessary to create their own “Hot Lists”.
B. Catalog/Discount Off List. Approximately 24,000 will be net priced based on List Less
discounts in 28 designated product categories. See Schedule B.2a for categories and
discount percentages. Actual products and net pricing will be available online at
staplesadvantage.com under the Participating Agency’s NPPGov contract login.
C. Core/ Manufacturer Direct Furniture. MiDeal members or Participating Agencies may
purchase furniture through Staples who will coordinate and order directly from the
manufacturer at the discounts established in Schedule B, Worksheets B.3a and B.3b,
resulting in an even greater savings.
D. Non-Core Balance of Catalog. Non-Core Balance of Catalog Items are those items that are
not on the Schedule B but are available on Staplesadvantage.com.
1) For those Non-Core Items that also appear on Staples.com, prices will be based on
the current national Staples.com pricing exclusive of tier pricing, closeouts,
promotions and/or specials, or items that are regionally sensitive.
2) The prices for Non-Core Items that are not available for purchase on Staples.com
but which appear on Staplesadvantage.com, will be adjusted to reflect changes in
stock availability, market conditions, buying expense, and other factors that affect
the overall cost of the Non-Contract Items.
E. Quoted Products: Special Orders, Manufacturer Direct Furniture and Promotional and/or
Bulk Purchases. There may be additional services available which are associated with
certain products, including, but not limited to: furniture, facilities or water/coffee
dispensers, customized products etc. which at the option of the State or Participating
Agency may be allowable for purchase or lease at the time of order/agreement. Customers
will need to contact their Contractor Representative or the Customer Service Specialist in
order to obtain a quote for these products and the costs for such products and/or services
shall be established at the time of purchase.
1) Special Orders. The Contractor will be able to quote, as need arises for office supply
and office related items which are not available on Staples Business Advantage.com,
or other products and services as otherwise mutually agreed. The State will not be
required to purchase special order items if the item can be purchased at a lower
price or within a better timeframe from elsewhere.
2) Manufacturer Direct (Furniture). The Contractor will be able to quote for large scale
furniture needs utilizing discounts off the then current manufacturer’s list pricing,
Manufacturer’s published list prices can be made available upon request. These
discounts are established in Schedule B, Worksheet B.3.
Serving: State & Local Government ● Higher Education ● K12 ● And More…
3) Technology Products outside of StaplesAdvantage.com. Prices for technology items
provided to the Participating Agencies under the Staples technology ordering
system referred to as Sequoia (or its successor) shall be priced at the then-current
List Price and may be subject to discount. State of Michigan users are currently
restricted from using this option.
4) Promotional Purchases. The Contractor may offer promotional products on
contract margin relative to the order size. Contract margin is defined as meaning
Contractors cost plus percentage. These prices are auditable, if necessary, from
invoices sent to the Contractor. These Contact Margins for promotional products
ordered on our Staples Promotional Product ordering system referred to as Linc (or
its successor). State of Michigan users are currently restricted from using this
option. Discounts are as identified below:
ORDER/ TRANSACTION SIZE CONTRACT MARGIN
$0 - $999.99 28%
$1,000 - $4,999.99 26%
$5,000- $9,999.99 24%
$10,000 + 22%
Delivery –
• Standard Delivery. Unless specified otherwise below, delivery is governed by Section 18,
Delivery, in Standard Terms and Conditions. Prices are F.O.B. Destination, “within Government
Premises with transportation charges prepaid by the Contractor on all orders.
o Building/Loading dock. Delivery to a main loading dock, primarily for palletized and large
bulk orders.
o Desk top. Delivery to specific addresses, floors and locations on those floors.
o Secured Facilities. Some deliveries will be made to Department of Correction facilities
and drivers entering those facilities will have to have LEIN clearance prior to admittance.
The clearance applications will be made available upon request.
• Additional freight charges may apply for special delivery, non-standard delivery, rush delivery, or
special or custom order products which will be disclosed at the time of the quote and/or the
placement of the order by the purchaser.
o Common delivery exceptions that require a surcharge include, but are not limited to:
a) Furniture unpacking or assembly
b) Expedited deliveries
c) Bulky or heavy items such as cases of water, soda, ice melt and chemicals
d) Manufacturer direct or special orders
e) Deliveries outside of the Contractor’s standard distribution area, such as Alaska
f) and Hawaii
Minimum Order Size - Minimum order size of $35.00 per order
Payment Terms –
• For Participating Agencies all undisputed invoice amounts are payable within 30 days of receipt
or as negotiated
Serving: State & Local Government ● Higher Education ● K12 ● And More…
NPP & State of MI Websites
www.nppgov.com www.michigan.gov/dtmb/
Staples Website
www.staplesadvantage.com
This document is provided as a quick reference tool only.
Please refer to the Master Agreement for complete contract terms.
Serving: State & Local Government ● Higher Education ● K12 ● And More…
MiDEAL PARTICIPATION AGREEMENT
THIS PARTICIPATION AGREEMENT (the “Agreement”) is entered into this ____ day of
______________ 2021 (the “Effective Date”) by and between Staples Contract and Commercial
LLC, (“Staples”) and ____________________________ (the “Participating Member”).
1. The Participating Member is a registered MiDEAL member and is eligible to purchase
products and services from Staples under the MiDEAL program as governed by the terms
and conditions of the State of MI, Contract number 190000000268, entered into between
Staples and The State of Michigan on March 1, 2019 (“Master Agreement”); and
2. Participating Member agrees to purchase from Staples, and Staples agrees to sell to
Participating Member, various products and services as offered under the MiDEAL program
in accordance with the terms and conditions of such Master Agreement and this Agreement.
3. This Agreement shall commence on the Effective Date and shall expire at midnight, May 31,
2022 (the “Term”), unless otherwise terminated or extended in accordance with the
provisions of the Master Agreement or at such time the Participating Member ceases to be
a registered MiDEAL member. In addition, either party may terminate this Agreement upon
30 days’ prior written notice to the other party.
4. Prices for Products and Services are as specified in the Master Agreement and are subject to
adjustment as set forth in the Master Agreement.
5. For sales made to Participating Members, the administrative fee remitted to the
Participating Member equals a half percent (0.5%) of such MiDEAL Member’s total Net
Sales, as defined in the Master Agreement, made to the Participating Member or as
amended in the Master Agreement.
• The Contractor must remit the applicable administrative fee payments owed to the
Participating Member by check payable directly to the Participating Member and
mailed to their provided address.
• Upon MiDEAL Member request, Contractor must submit an itemized purchasing
activity report of the Participating Member purchases, which includes at a
minimum, the name of the purchasing entity and the total dollar volume in sales.
Reports should be mailed or emailed to the Participating Member.
• The administrative fee and purchasing activity report are due within 45 calendar
days from the last day of annual period unless otherwise negotiated with the
MiDEAL Member. Effective July 1, 2021, the annual period is July 1 through June 30.
6. Checks are to be mailed to the following recipient:
Contact (Recipient) Name: _________________________________________
Agency (Remit-to) Name: _________________________________________
Address: _______________________________________________________
City: ________________________________________ State: _____________
Zip Code: _____________________
Staples Advantage Account #: _____________________________
7. Defined terms used in this Agreement shall have the meaning ascribed to them under the
Master Agreement unless otherwise defined herein. Except as modified by this Agreement,
the terms and conditions of the Master Agreement shall apply to the sale of products and
services under this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as
of the day and year first above written.
STAPLES CONTRACT AND COMMERCIAL LLC PARTICPATING MIDEAL MEMBER
By: By:
Date: Date:
Name: Name:
Title: ____________________________ Title: ____________________________
Address: 500 Staples Drive Address: ____________________________
Framingham, MA 01702
____________________________
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 26, 2021 Title: Sale – 766 Leonard
Submitted By: Hope Griffith Department: Economic Development
Brief Summary: City staff is seeking authorization to sell the city-owned home at 766 Leonard in
Jackson Hill to DeMarko Thomas.
Detailed Summary: The city is constructing this single family detached home as part of our infill housing
program. Our contract to construct two homes was for $425,000, and the estimated finished costs of this
home will be $215,000. We also anticipated $12,900 in sales commissions. The accepted purchase price is
$201,000, and the incurred sales commissions are $10,000. The City will not contribute funds toward
closing costs outside of seller’s agent commission. The proceeds of this home will repay a portion of the
Priority Related Investment made by the Community Foundation for Muskegon County. The sale of the
second home in this project should repay the remainder, and any additional funds will reimburse the
Economic Development Fund for the $75,000 investment in the project.
Amount Requested: None at this time Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize the Code Coordinator to complete the sale of 766 Leonard Street, as
described in the purchase agreement and for the Mayor and Clerk to sign the deed.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 26, 2021 Title: Contract for Critical Dune
Enforcement
Submitted By: Mike Franzak Department: Planning
Brief Summary: Prism Engineering has been the consultant for reviewing critical dune applications for the
City since 2018, however, the company has recently disbanded. One of the consultants has started a new
firm, Point Blue, LLC. Staff is recommending entering into the contract with Point Blue, LLC.
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the services contract with Point Blue, LLC.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Consulting Services Agreement
Project No.: B1310 Date: 10/19/2021 Project Scope:
As directed by and under the supervision of the Planning Director
Project Title: or designee, Point Blue, LLC shall provide the City of Muskegon
Critical Dune Area (CDA) Professional Permit Application (City) with CDA permit reviews and recommendations as needed
Review and Recommendation Process and as described in the Point Blue proposal dated 12 October
2021.
Property No.: N/A
Special Instructions (please initial below*):
Project Site: Properties/Projects located in a City of Point Blue will act as a consultant to review and assist with permit
Muskegon Critical Dune Area processing, violations, enforcement, and in making
recommendations. As such, Point Blue is offering its services on
Client: City of Muskegon, 933 Terrace Street, the City’s behalf and represents that it has the skill, ability, and
Muskegon, Michigan 49443 expertise to perform the services outlined in this proposal.
Cost: Point Blue will review three areas of permitting: 1) residential use,
2) commercial/industrial use, and projects associated with 3) City-
$ Time & Materials owned properties. Under residential and commercial/industrial
properties, permitting is typically for a new use or change in use.
$ Estimated Probable Cost For City-owned properties, permitting is typically for either permit
renewal (existing use), for a new use, or change in use.
$ 950.00 Individual Project Base Fee
Additional fees may be assessed for on-going compliance
$ Not to Exceed inspections at project completion for City-owned property renewals
and/or commercial development(s) fees, and when asked to
investigate residential or City property violations. Refer to Point
Blue Standard Fee Schedule.
Payment Terms: __X _ Payable within 30 days of receipt of invoice
_____% Retainer due at project authorization with remaining balance due upon release of deliverable
_____ Other (specify) _______________________________________________________________
*Initials: Schedule: Upon written contract authorization and execution of contract by Point Blue, Point Blue shall be
_____ immediately available for City Critical Dune project review and recommendation.
_____
CLIENT AUTHORIZATION: CONSULTANT ACCEPTANCE:
Authorized By: Accepted By: Gaye Blind, CNSP
Company Name: Company Name: Point Blue, LLC
Signature: Signature:
Title: Title: Natural Resources Specialist Lead
Date: Date:
Authorization of this Consulting Services Agreement or issuance of a Purchase Order includes acceptance of the scope of work and
schedule, any attachments or reference material, the applicable cost, the payment terms noted above, and the Terms and Conditions
on the next pages of this agreement. The project budget identified above is valid for 60 days from the date this contract was prepared.
Please Return to:
Point Blue, LLC
P.O. Box 304
St. Joseph, Michigan 49085
(269) 934-3737 www.pointblu.com
Terms and Conditions
WHEREAS, Client desires Consultant to perform the Services in accordance with the terms and conditions set forth herein; and
WHEREAS, each party hereto represents that it is ready, willing, and able to undertake the responsibilities set forth in this Contract.
NOW, THEREFORE, in consideration of the promises and the mutual covenants herein contained and intending to be legally bound, the parties agree
as follows:
1. Definitions: As used in this Contract, the following terms shall have the meanings hereinafter set forth:
A. Contract means this document, together with all documents attached hereto. The documents are intended to be construed consistently and
as a whole and anything that is required by one document shall be deemed to be required by all.
B. Fee Schedule means Consultant’s charges for professional services and reimbursable expenses, which may be updated from time to time by
way of written correspondence to Client.
C. Services means those services to be performed by Consultant pursuant to the terms and conditions of this Contract.
D. Site means the Site upon which Services are to be performed as designated in the Proposal.
E. Proposal means a document that identifies the Client and the Site, describes or defines the proposed scope of Services, and includes as
appropriate, cost estimates, plans, and drawings.
2. Services to be Performed: All Services performed under this Contract shall be determined by a Proposal. Consultant, as an independent
contractor, shall furnish all necessary supervision, labor, materials, and equipment and shall perform the Services as defined in each Proposal. A
Proposal, when accepted by Client, shall be binding upon the parties hereto, shall incorporate by reference all the terms and conditions of this Contract,
and shall detail the scope of Services to be performed by Consultant. All Proposals shall be executed and dated by both Consultant and Client (or legal
counsel acting on behalf of Client), and Consultant shall commence the Services as stipulated and agreed upon in the Proposal. All materials prepared
become the property of the Client. Consultant may retain copies of such materials for its files.
If at any time during or after completion of the Services, Consultant is requested or required to participate in a deposition or other legal proceeding
relating to the Services or the Site, Client shall reimburse Consultant for preparation for and participation in such deposition or legal proceeding based
upon the normal hourly rates set forth in the Fee Schedule.
3. Term of Contract: This Contract shall become effective upon the execution of and continue in accordance with the schedule identified within the
Proposal, and/or continue in full force and effect unless 30-day written notice of termination is given by either party.
4. Change Orders: Changes in the scope of Services under a Proposal, including increases and decreases therein, must be in writing and agreed
upon and accepted by each party hereto.
5. Payment for Services: Client shall pay to Consultant as compensation for the Services the amounts set forth in the applicable Proposal. Upon
request of the Client, the Consultant shall provide itemized billing in quarter hour intervals which specifically identify the identity of the person performing
the Service and a detailed description of the work performed. At its sole discretion, Consultant may elect to progress invoice portions of the work
performed at various intervals throughout the project for those projects expected to exceed 30 days in duration. Unless otherwise noted on the obverse
of this document, within 15 days of the date Consultant’s invoice is received by Client, Client shall pay the full amount of such invoice. Client shall pay
an additional charge of 1-1/2% of the unpaid invoice per month, to the extent legally payable, for any payment made more than 15 days after the date of
the invoice. If outstanding balances remain after the eightieth (80th) day after the last date of services rendered, the Consultant may file a contractor’s
lien on the deed of record of the site at which services were performed. The amount of the lien shall include any outstanding balance(s), interest
charges accrued from the date of invoice to the date of lien filing, and a one-hundred-dollar ($100.00) charge for lien preparation/filing charges.
6. Warranty:
A. Consultant warrants that the Services will be performed in a professional manner in accordance with sound consulting practices and
procedures.
B. Consultant shall correct any defects in the Services that are not performed in accordance with the warranty in subparagraph A of this
Paragraph 6, at no additional charge to Client. In addition, subject to the limitations set forth in Paragraph 8, Consultant shall reimburse Client
for any damages arising directly out of Consultant’s failure to comply with subparagraph A of this Paragraph 6.
7. Indemnification:
A. Except as set forth in subparagraph B of this Paragraph 7, Consultant shall indemnify and hold Client harmless from and against any and all
liabilities, losses, damages, costs, and expenses Client hereafter may suffer in connection with any claim, action, or right of action (at law or in
equity) because of any injury (including death) or damage to person or property that arises from any negligent acts, errors, or omissions on the
part of Consultant or its directors, officers, members, employees, agents, or subcontractors in the performance of the Services.
B. Anything in subparagraph A of this Paragraph 7 to the contrary notwithstanding, Consultant shall not be liable to the extent that any liability,
loss, damage, cost, and expense results solely from an act of negligence or willful misconduct by Client or their directors, officers, employees,
or agents.
C. Except as expressly set forth in subparagraph D of this Paragraph 7, Client shall indemnify and hold Consultant and its directors, officers,
members, and employees harmless from and against any and all liabilities, losses, damages, costs, and expenses which Consultant and its
directors, officers, members, and employees may hereafter suffer in connection with any claim, action, right of action (at law or in equity)
because of any injury (including death) or damage to person or property which arises out of: (i) Client’s acts, operations, or responsibilities
under this Contract; or (ii) the work of any third party obligated by Client to perform work at Site.
D. Anything in subparagraph C of this Paragraph 7 to the contrary notwithstanding, Client shall not be liable to the extent that any liability, loss,
damage, cost, and expense described in this subparagraph results from an act of negligence or willful misconduct by Consultant or its
directors, officers, members, employees, agents, or subcontractors.
E. Client shall have the right, if it so elects, to participate at its own expense in Consultant’s defense of any claim or action referred to in
subparagraph C of this Paragraph 7, but such participation shall not affect Client’s liability for any judgement therein, or release Client from the
indemnity therein provided.
8. Consultant’s Liability:
A. Any claim pursuant to this Contract must be in writing and must set forth the facts upon which it is based.
B. Anything in Paragraphs 6 and 7 to the contrary notwithstanding, Consultant shall not be liable for damages resulting from cessation of
Services under this Contract due to: (a) health and safety issues created by inherently unsafe conditions at the Site not created by Consultant,
or (b) due to unsafe conditions created by other contractors performing Services at the Site where those contractors were not required to be
supervised by Consultant.
C. Anything in subparagraph B of this Paragraph 8 to the contrary notwithstanding, Consultant shall be responsible for clearing all utilities in
connection with its Services or Services performed under its supervision at the Site, but shall not be responsible for utility damage caused by
mislocating or marking of utilities by others.
D. Consultant’s liability shall be limited to the specific work performed and/or areas tested, as described in the Proposal.
9. Insurance: Consultant shall maintain the following insurance policies for the term of this Contract:
A. Professional and Pollution Liability (Error & Omissions) $2,000,000 aggregate.
B. General Liability $1,000,000 each occurrence, $2,000,000 general aggregate.
10. Materials and Equipment Handling and Retention: If services include transportation or disposal of materials from the Site, the Client recognizes
and agrees that at no time will the Consultant assume or claim ownership, title, or responsibility of said material. Materials generated at the Site may
include, but not be limited to, liquid or solid materials such as samples and cuttings, soil, groundwater, purge and decontamination water, any of which
may contain substances or constituents which are hazardous or detrimental to human health, safety, or the environment as defined by federal, state, or
local statutes, regulations, or ordinances. Consultant may evaluate or recommend possible disposal facilities for the Client’s use and shall have the
responsibility for assuring that the location for final disposal and the transporter of the materials are properly licensed to accept said materials. Client will
sign all necessary generator profiles and manifests necessary for transportation and disposal. For the purpose of convenience to the Client only, Client
may provide written authorization for Consultant to sign manifests on behalf of the Client as generator, but at no time will Consultant act as generator of
said materials.
11. Force Majeure: Each party shall not be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to
perform is caused by or results from causes beyond its control, including, without limitation, strikes, lockouts, or other industrial disturbances; civil
disturbances; fires; acts of God; acts of a public enemy; compliance with any regulations, order, or requirement of any governmental body or agency; or
inability to obtain transportation or necessary materials in the open market.
12. Confidentiality: Unless required by law, and, if required by law, only upon providing 14-day advance notice to Client, Consultant shall not disclose
the substance of any report, test, or recommendation that it gives to Client in connection with the Services provided for in this Contract; and Consultant
agrees to treat all maps, data, reports, and other information relating to the Services as proprietary and confidential.
13. Compliance with Law: Consultant, in performing the Services, shall comply with and shall require compliance by any of its subcontractors and all
applicable statutes, regulations, or lawful orders of any governmental authority or agency. Client shall cooperate with Consultant in obtaining any
permits or licenses required for the performance of the Services. Certain governmental entities have mandatory contaminate reporting requirements.
Both parties shall cooperate with one another in complying with such laws.
14. Notices: Any notice to be given to either party hereunder shall be given by making the same by First Class U.S. Mail, postage prepaid.
15. Subcontracts: Consultant may subcontract all or any part of the Services without the prior written approval of Client, but such subcontracting shall
not relieve Consultant of any of its obligations under this Contract. In the event Client directly hires any subcontractors to help Consultant in its
performance of all or any part of the Services, Consultant is not obligated to supervise those subcontractors regarding those Services.
16. Entire Contract: This Contract and subsequently executed Proposals constitute the entire Contract between the parties with respect to the
Services and supersedes all prior negotiations, representations, or contracts relating thereto, written, or oral, except to the extent that they are expressly
incorporated herein. Unless otherwise provided for herein, no amendments, changes, alterations, or modifications of this Contract shall be effective
unless in writing executed by Client and Consultant. There are no third-party rights or benefits, either express or implied, under this Contract.
17. Governing Law: This Contract and the legal relations of the parties shall be governed by the laws of the State applicable to the Contracts and
Proposals negotiated, executed, delivered, and fully performed in such State.
18. Counterparts: This Contract may be signed in two or more counterparts, each of which shall be treated as an original but which, when taken
together, shall constitute one and the same instrument.
19. Severability: The various terms, provisions, and covenants herein contained shall be deemed to be separate and severable, and the invalidity or
unenforceability of any of them shall in no manner affect or impair the validity or enforceability of the remainder hereof.
20. Alternative Dispute Resolution: If any dispute arises out of or relates to this Contract, or the breach thereof, and if said dispute cannot be settled
through direct discussions, the parties agree to the first endeavor to settle the dispute in an amicable manner by non-binding mediation before the
American Arbitration Association, or as otherwise agreed, before having recourse to a judicial forum. No written or oral representation made during any
mediation shall be deemed a party admission.
21. Claims: In the event of any litigation involving this Contract to enforce any provision of this Contract, to enforce any remedy available upon default
under this Contract, or to obtain a declaration of rights under this Contract, the prevailing party shall be entitled to recover from the other attorney’s fees
and costs as may be reasonably incurred by reason of the litigation. In addition, Client understands and agrees that, should collection action become
necessary for recovery of any outstanding balances due to Consultant under this Contract, Client agrees to pay all collection costs, court costs, and
reasonable attorney fees, all up to the maximum amounts allowed by law.
22. Waiver
A. No waiver of the terms, conditions, and covenants of this Contract shall be binding and effective unless the same shall be in writing
signed by the parties.
B. A waiver of any breach of terms, conditions, and covenants of this Contract shall be for that one time only and shall not apply to any
subsequent breach.
Standard Fee Schedule
Professional Staff
President $140.00/hour
Senior Project Consultant $125.00/hour
Project Manager $110.00/hour
Senior Engineer/Geologist/Biologist $105.00/hour
Project Engineer/Geologist/Biologist $95.00/hour
Graphics/CADD $80.00/hour
Field Technician $75.00/hour
Administrative $55.00/hour
Expenses and Equipment
Mileage $0.65/mile
Photoionization Detector $50.00/day
Low-Flow Sampling Equipment $170.00/day
Electronic Water Level Indicator $30.00/day
Oil/Water Interface Probe $45.00/day
Silicone Tubing $3.05/foot
Polyethylene Tubing $0.28/foot
Water Sampling Bailers $18.50/each
Generator $55.00/day
Hammer Drill/Chisel $55.00/day
Coring Machine $210.00/day
Hand Augers $46.00/day
Methanol Preservation Kits $7.00/sample
Sample Shipment Cost
Level C PPE $75.00/person/day
Level A or B PPE Project Dependent
55-Gallon Drum (IDW) $75.00/each
Special Equipment/Rental Cost/Rental Charge
Subcontracted Services Cost +20%
Per Diem (overnight) $125.00/day
Bound Paper Reports $50.00 to $100.00/each
Miscellaneous Expenses Cost
12 October 2021 Point Blue, LLC No. B1310
Mike Franzak, Planning Director
City of Muskegon
933 Terrace Street
Muskegon, Michigan 49443
Subject: Professional Services Proposal - Critical Dune Permit Application Review Process for
the City of Muskegon
Dear Mr. Franzak:
Point Blue, LLC (Point Blue), PO BOX 304, St. Joseph, Michigan, 49085, licensed to do business in
the State of Michigan, is proposing to enter into a contract with the City of Muskegon (City) located at
933 Terrace Street, Muskegon, to conduct business as a third party in the performance of evaluating
critical dune permit applications. Point Blue was established by Prism Science & Technology, LLC
Principal Mark C. Seaman, CPG, December 2020.
The City is authorized under State laws and City Ordinance to adopt and enforce certain codes and
other ordinances relating to Critical Dunes in accordance with Part 353, Sand Dunes Protection and
Management, of the Natural Resources and Environmental Protection Act (NREPA), PA 451 of 1994,
as amended. Point Blue will act as a consultant to review and assist with permit processing, violations,
enforcement, and in making recommendations. As such, Point Blue is offering its services on the
City’s behalf and represents that it has the skill, ability, and expertise to perform the services outlined
in this proposal.
References to Point Blue include Point Blue employees, contractors, subcontractors, independent
contractors, or anyone performing services under an agreement with the City. In the performance of
our duties, Point Blue shall extend the degree of care, skill, and professionalism expected from
members of the consulting profession doing business in the State of Michigan and that Point Blue will
treat the City and the public with the utmost fairness and respect.
Permit Application Detail
Point Blue will review three areas of permitting: 1) residential use, 2) commercial/industrial use, and
projects associated with 3) City-owned properties. Under residential and commercial/industrial
properties, permitting is typically for a new use or change in use. For City-owned properties, permitting
is typically for either permit renewal (existing use), for a new use, or change in use.
Mr. Frank Franzak
12 October 2021
Page 2
Residential Properties - New
• The City will provide a complete permit application package (with complete directions), able to
be electronically distributed at the applicant’s request.
• The applicant will complete and submit the application with a base fee of $950.00 to the City.
The base fee covers an administratively complete application, desktop review, and site
inspection. Any additional consultant efforts beyond the initial site inspection can be
determined after the scope of the project is better known and will be based on individual project
needs (time and materials basis).
• Applicants not requiring assistance will submit the application directly to the City with the fee.
• If the applicant needs assistance in completing the application, the City will direct the applicant
to Point Blue (Point Blue fee).
• The City will forward the application to Point Blue for review and Letter of Recommendation.
Commercial/Industrial Properties – New
• New applications will be addressed similarly to residential properties but are likely to require
more detail. These types of applications might also require additional (other than critical dune)
permitting through the Department of Environment, Great Lakes, and Energy (EGLE), which
oversees the State of Michigan Critical Dune Program. Because these types of projects can
be highly variable in scope, base fees can vary significantly.
City-owned Properties – Renewal and New
• Renewal. Point Blue will review and recommend for approval any ongoing annual or semi-
annual permits for work to be performed on City-owned properties, after the Planning Director
has determined to continue working under the existing permit/permit guidelines. These
reviews may include existing permits including recontouring and removing accumulated blow-
sand, leveling of accumulated sand on beaches, temporary access, and others. Each renewal
will require a review of completeness under the existing permit and recommendation to
continue as is, as revised, or to discontinue the permitted use. Renewal goes to the Planning
Director.
• One-time new. Point Blue will review and recommend for approval any new application(s) for
the permitting of a proposed use when approved by the Planning Director. Each new use
application will require a review for completeness, request for amendments/corrections (if not
complete), preliminary site assessment, final site assessment (if necessary), and be
recommended for approval/disapproval to the Planning Director.
Under the Review Process, Point Blue will:
• Date/time stamp the application.
• Verify that the proposed project is within the City Critical Dune Overlay District and/or High
Risk Erosion Area as depicted on the EGLE CD and HREA maps for Muskegon Township and
the City of Muskegon.
• Application for “administrative and technical completeness” to be completed within 5 business
days. Point Blue will review the application and, assuming that the project planwork is of
Mr. Frank Franzak
12 October 2021
Page 3
sufficient detail, Point Blue will perform a preliminary site inspection (weather dependent), take
photographs or videos as appropriate, and will render an “application completeness
determination”. Site assessments are anticipated to be scheduled once every three weeks,
weather permitting, and might consist of multiple applications/site assessments, as necessary.
• If administratively complete, Point Blue will review the application with respect to technical
completeness. Depending on the result of the review, Point Blue might request additional
information from the applicant in order to reconcile any deficiencies in technical information
necessary for permit approval. If complete, the application will either be recommended for
approval or denial.
o If able to recommend approval, Point Blue will complete a written letter of
“recommended approval” to the Planning Director.
o If unable to recommend approval, Point Blue will complete a written letter of
“recommended denial” to the Planning Director, identifying the reason(s) why.
o If not administratively and technically complete, Point Blue will request
amendments and corrections, or make recommendations for completeness within
5 business days after its review.
• If not administratively complete and the applicant needs assistance, Point Blue will offer
its services to assist the applicant at the applicant’s expense.
For applicants granted final approval (permitted) by the Planning Director
• For residential property applications granted final approval by the Planning Director, and
prior to permit issuance, the applicant may be asked to provide additional fees for ongoing
compliance inspections at “project completion”. Project completion means an occupancy
permit and/or substantial completion of site restoration and/or revegetation has occurred
in accordance with the “vegetation assurance” or restoration plan. Fees for ongoing
compliance inspections through “project completion” are unknown until the project scope
is defined within the permit application.
• For City-owned property renewals and/or for new commercial development(s), site
inspections for administratively and technically complete applications, site inspections
with revisions, and site inspections for violation/enforcement, fees are site-specific.
For Violation reviews/enforcement actions
• For residential violations and/or enforcement actions. When coming upon, or when asked
to investigate a potential violation of a prohibited use by the Planning Director, a person
that does not comply with Part 353 or Part 323 of PA 451 of 1994, Point Blue will
investigate the violation and make a recommendation to the Planning Director, based on
the evidence, who will then decide on the appropriate enforcement action. Fees vary.
• For City-owned property violations and/or enforcement actions. As a result of the City’s
move to create a Critical Dune Overlay District, under Section 2310, the City declares that
Mr. Frank Franzak
12 October 2021
Page 4
it will abide by the requirements set forth under Section 2310. Further, that any “special
use project” applications shall first be reviewed by Point Blue, be recommended for
approval by the Planning Commission, and submitted with the Planning Commission
decision to the EGLE following the procedures of the ordinance. Fees vary.
• Penalties under the Provisions of PA 451 of 1994 shall apply in the event of any violation.
A court may impose on a person who violates any provision of this Critical Dune Overlay
Zone, or a provision of a permit issued under it, a civil fine of not more than $5,000 for
each day of violation, or other natural resource that is damaged or destroyed as a result
of a violation or both.
Should you have any questions regarding this proposal, please contact our office at 269.934.3737
Sincerely,
Point Blue, LLC
Gaye Blind, CNSP
Natural Resources Specialist Lead
Sr. Biologist
Attachment: Point Blue, LLC Standard Fee Schedule
Standard Fee Schedule
Professional Staff
President $140.00/hour
Senior Project Consultant $125.00/hour
Project Manager $110.00/hour
Senior Engineer/Geologist/Biologist $105.00/hour
Project Engineer/Geologist/Biologist $95.00/hour
Graphics/CADD $80.00/hour
Field Technician $75.00/hour
Administrative $55.00/hour
Expenses and Equipment
Mileage $0.65/mile
Photoionization Detector $50.00/day
Low-Flow Sampling Equipment $170.00/day
Electronic Water Level Indicator $30.00/day
Oil/Water Interface Probe $45.00/day
Silicone Tubing $3.05/foot
Polyethylene Tubing $0.28/foot
Water Sampling Bailers $18.50/each
Generator $55.00/day
Hammer Drill/Chisel $55.00/day
Coring Machine $210.00/day
Hand Augers $46.00/day
Methanol Preservation Kits $7.00/sample
Sample Shipment Cost
Level C PPE $75.00/person/day
Level A or B PPE Project Dependent
55-Gallon Drum (IDW) $75.00/each
Special Equipment/Rental Cost/Rental Charge
Subcontracted Services Cost +20%
Per Diem (overnight) $125.00/day
Bound Paper Reports $50.00 to $100.00/each
Miscellaneous Expenses Cost
Consulting Services Agreement
Project No.: B1310 Date: 10/19/2021 Project Scope:
As directed by and under the supervision of the Planning Director
Project Title: or designee, Point Blue, LLC shall provide the City of Muskegon
Critical Dune Area (CDA) Professional Permit Application (City) with CDA permit reviews and recommendations as needed
Review and Recommendation Process and as described in the Point Blue proposal dated 12 October
2021.
Property No.: N/A
Special Instructions (please initial below*):
Project Site: Properties/Projects located in a City of Point Blue will act as a consultant to review and assist with permit
Muskegon Critical Dune Area processing, violations, enforcement, and in making
recommendations. As such, Point Blue is offering its services on
Client: City of Muskegon, 933 Terrace Street, the City’s behalf and represents that it has the skill, ability, and
Muskegon, Michigan 49443 expertise to perform the services outlined in this proposal.
Cost: Point Blue will review three areas of permitting: 1) residential use,
2) commercial/industrial use, and projects associated with 3) City-
$ Time & Materials owned properties. Under residential and commercial/industrial
properties, permitting is typically for a new use or change in use.
$ Estimated Probable Cost For City-owned properties, permitting is typically for either permit
renewal (existing use), for a new use, or change in use.
$ 950.00 Individual Project Base Fee
Additional fees may be assessed for on-going compliance
$ Not to Exceed inspections at project completion for City-owned property renewals
and/or commercial development(s) fees, and when asked to
investigate residential or City property violations. Refer to Point
Blue Standard Fee Schedule.
Payment Terms: __X _ Payable within 30 days of receipt of invoice
_____% Retainer due at project authorization with remaining balance due upon release of deliverable
_____ Other (specify) _______________________________________________________________
*Initials: Schedule: Upon written contract authorization and execution of contract by Point Blue, Point Blue shall be
_____ immediately available for City Critical Dune project review and recommendation.
_____
CLIENT AUTHORIZATION: CONSULTANT ACCEPTANCE:
Authorized By: Accepted By: Gaye Blind, CNSP
Company Name: Company Name: Point Blue, LLC
Signature:
Signature:
Title:
Title: Natural Resources Specialist Lead
Date:
Date: 19 OCT 2021
Authorization of this Consulting Services Agreement or issuance of a Purchase Order includes acceptance of the scope of work and
schedule, any attachments or reference material, the applicable cost, the payment terms noted above, and the Terms and Conditions
on the next pages of this agreement. The project budget identified above is valid for 60 days from the date this contract was prepared.
Please Return to:
Point Blue, LLC
P.O. Box 304
St. Joseph, Michigan 49085
(269) 934-3737 www.pointblu.com
Terms and Conditions
WHEREAS, Client desires Consultant to perform the Services in accordance with the terms and conditions set forth herein; and
WHEREAS, each party hereto represents that it is ready, willing, and able to undertake the responsibilities set forth in this Contract.
NOW, THEREFORE, in consideration of the promises and the mutual covenants herein contained and intending to be legally bound, the parties agree
as follows:
1. Definitions: As used in this Contract, the following terms shall have the meanings hereinafter set forth:
A. Contract means this document, together with all documents attached hereto. The documents are intended to be construed consistently and
as a whole and anything that is required by one document shall be deemed to be required by all.
B. Fee Schedule means Consultant’s charges for professional services and reimbursable expenses, which may be updated from time to time by
way of written correspondence to Client.
C. Services means those services to be performed by Consultant pursuant to the terms and conditions of this Contract.
D. Site means the Site upon which Services are to be performed as designated in the Proposal.
E. Proposal means a document that identifies the Client and the Site, describes or defines the proposed scope of Services, and includes as
appropriate, cost estimates, plans, and drawings.
2. Services to be Performed: All Services performed under this Contract shall be determined by a Proposal. Consultant, as an independent
contractor, shall furnish all necessary supervision, labor, materials, and equipment and shall perform the Services as defined in each Proposal. A
Proposal, when accepted by Client, shall be binding upon the parties hereto, shall incorporate by reference all the terms and conditions of this Contract,
and shall detail the scope of Services to be performed by Consultant. All Proposals shall be executed and dated by both Consultant and Client (or legal
counsel acting on behalf of Client), and Consultant shall commence the Services as stipulated and agreed upon in the Proposal. All materials prepared
become the property of the Client. Consultant may retain copies of such materials for its files.
If at any time during or after completion of the Services, Consultant is requested or required to participate in a deposition or other legal proceeding
relating to the Services or the Site, Client shall reimburse Consultant for preparation for and participation in such deposition or legal proceeding based
upon the normal hourly rates set forth in the Fee Schedule.
3. Term of Contract: This Contract shall become effective upon the execution of and continue in accordance with the schedule identified within the
Proposal, and/or continue in full force and effect unless 30-day written notice of termination is given by either party.
4. Change Orders: Changes in the scope of Services under a Proposal, including increases and decreases therein, must be in writing and agreed
upon and accepted by each party hereto.
5. Payment for Services: Client shall pay to Consultant as compensation for the Services the amounts set forth in the applicable Proposal. Upon
request of the Client, the Consultant shall provide itemized billing in quarter hour intervals which specifically identify the identity of the person performing
the Service and a detailed description of the work performed. At its sole discretion, Consultant may elect to progress invoice portions of the work
performed at various intervals throughout the project for those projects expected to exceed 30 days in duration. Unless otherwise noted on the obverse
of this document, within 15 days of the date Consultant’s invoice is received by Client, Client shall pay the full amount of such invoice. Client shall pay
an additional charge of 1-1/2% of the unpaid invoice per month, to the extent legally payable, for any payment made more than 15 days after the date of
the invoice. If outstanding balances remain after the eightieth (80th) day after the last date of services rendered, the Consultant may file a contractor’s
lien on the deed of record of the site at which services were performed. The amount of the lien shall include any outstanding balance(s), interest
charges accrued from the date of invoice to the date of lien filing, and a one-hundred-dollar ($100.00) charge for lien preparation/filing charges.
6. Warranty:
A. Consultant warrants that the Services will be performed in a professional manner in accordance with sound consulting practices and
procedures.
B. Consultant shall correct any defects in the Services that are not performed in accordance with the warranty in subparagraph A of this
Paragraph 6, at no additional charge to Client. In addition, subject to the limitations set forth in Paragraph 8, Consultant shall reimburse Client
for any damages arising directly out of Consultant’s failure to comply with subparagraph A of this Paragraph 6.
7. Indemnification:
A. Except as set forth in subparagraph B of this Paragraph 7, Consultant shall indemnify and hold Client harmless from and against any and all
liabilities, losses, damages, costs, and expenses Client hereafter may suffer in connection with any claim, action, or right of action (at law or in
equity) because of any injury (including death) or damage to person or property that arises from any negligent acts, errors, or omissions on the
part of Consultant or its directors, officers, members, employees, agents, or subcontractors in the performance of the Services.
B. Anything in subparagraph A of this Paragraph 7 to the contrary notwithstanding, Consultant shall not be liable to the extent that any liability,
loss, damage, cost, and expense results solely from an act of negligence or willful misconduct by Client or their directors, officers, employees,
or agents.
C. Except as expressly set forth in subparagraph D of this Paragraph 7, Client shall indemnify and hold Consultant and its directors, officers,
members, and employees harmless from and against any and all liabilities, losses, damages, costs, and expenses which Consultant and its
directors, officers, members, and employees may hereafter suffer in connection with any claim, action, right of action (at law or in equity)
because of any injury (including death) or damage to person or property which arises out of: (i) Client’s acts, operations, or responsibilities
under this Contract; or (ii) the work of any third party obligated by Client to perform work at Site.
D. Anything in subparagraph C of this Paragraph 7 to the contrary notwithstanding, Client shall not be liable to the extent that any liability, loss,
damage, cost, and expense described in this subparagraph results from an act of negligence or willful misconduct by Consultant or its
directors, officers, members, employees, agents, or subcontractors.
E. Client shall have the right, if it so elects, to participate at its own expense in Consultant’s defense of any claim or action referred to in
subparagraph C of this Paragraph 7, but such participation shall not affect Client’s liability for any judgement therein, or release Client from the
indemnity therein provided.
8. Consultant’s Liability:
A. Any claim pursuant to this Contract must be in writing and must set forth the facts upon which it is based.
B. Anything in Paragraphs 6 and 7 to the contrary notwithstanding, Consultant shall not be liable for damages resulting from cessation of
Services under this Contract due to: (a) health and safety issues created by inherently unsafe conditions at the Site not created by Consultant,
or (b) due to unsafe conditions created by other contractors performing Services at the Site where those contractors were not required to be
supervised by Consultant.
C. Anything in subparagraph B of this Paragraph 8 to the contrary notwithstanding, Consultant shall be responsible for clearing all utilities in
connection with its Services or Services performed under its supervision at the Site, but shall not be responsible for utility damage caused by
mislocating or marking of utilities by others.
D. Consultant’s liability shall be limited to the specific work performed and/or areas tested, as described in the Proposal.
9. Insurance: Consultant shall maintain the following insurance policies for the term of this Contract:
A. Professional and Pollution Liability (Error & Omissions) $2,000,000 aggregate.
B. General Liability $1,000,000 each occurrence, $2,000,000 general aggregate.
10. Materials and Equipment Handling and Retention: If services include transportation or disposal of materials from the Site, the Client recognizes
and agrees that at no time will the Consultant assume or claim ownership, title, or responsibility of said material. Materials generated at the Site may
include, but not be limited to, liquid or solid materials such as samples and cuttings, soil, groundwater, purge and decontamination water, any of which
may contain substances or constituents which are hazardous or detrimental to human health, safety, or the environment as defined by federal, state, or
local statutes, regulations, or ordinances. Consultant may evaluate or recommend possible disposal facilities for the Client’s use and shall have the
responsibility for assuring that the location for final disposal and the transporter of the materials are properly licensed to accept said materials. Client will
sign all necessary generator profiles and manifests necessary for transportation and disposal. For the purpose of convenience to the Client only, Client
may provide written authorization for Consultant to sign manifests on behalf of the Client as generator, but at no time will Consultant act as generator of
said materials.
11. Force Majeure: Each party shall not be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to
perform is caused by or results from causes beyond its control, including, without limitation, strikes, lockouts, or other industrial disturbances; civil
disturbances; fires; acts of God; acts of a public enemy; compliance with any regulations, order, or requirement of any governmental body or agency; or
inability to obtain transportation or necessary materials in the open market.
12. Confidentiality: Unless required by law, and, if required by law, only upon providing 14-day advance notice to Client, Consultant shall not disclose
the substance of any report, test, or recommendation that it gives to Client in connection with the Services provided for in this Contract; and Consultant
agrees to treat all maps, data, reports, and other information relating to the Services as proprietary and confidential.
13. Compliance with Law: Consultant, in performing the Services, shall comply with and shall require compliance by any of its subcontractors and all
applicable statutes, regulations, or lawful orders of any governmental authority or agency. Client shall cooperate with Consultant in obtaining any
permits or licenses required for the performance of the Services. Certain governmental entities have mandatory contaminate reporting requirements.
Both parties shall cooperate with one another in complying with such laws.
14. Notices: Any notice to be given to either party hereunder shall be given by making the same by First Class U.S. Mail, postage prepaid.
15. Subcontracts: Consultant may subcontract all or any part of the Services without the prior written approval of Client, but such subcontracting shall
not relieve Consultant of any of its obligations under this Contract. In the event Client directly hires any subcontractors to help Consultant in its
performance of all or any part of the Services, Consultant is not obligated to supervise those subcontractors regarding those Services.
16. Entire Contract: This Contract and subsequently executed Proposals constitute the entire Contract between the parties with respect to the
Services and supersedes all prior negotiations, representations, or contracts relating thereto, written, or oral, except to the extent that they are expressly
incorporated herein. Unless otherwise provided for herein, no amendments, changes, alterations, or modifications of this Contract shall be effective
unless in writing executed by Client and Consultant. There are no third-party rights or benefits, either express or implied, under this Contract.
17. Governing Law: This Contract and the legal relations of the parties shall be governed by the laws of the State applicable to the Contracts and
Proposals negotiated, executed, delivered, and fully performed in such State.
18. Counterparts: This Contract may be signed in two or more counterparts, each of which shall be treated as an original but which, when taken
together, shall constitute one and the same instrument.
19. Severability: The various terms, provisions, and covenants herein contained shall be deemed to be separate and severable, and the invalidity or
unenforceability of any of them shall in no manner affect or impair the validity or enforceability of the remainder hereof.
20. Alternative Dispute Resolution: If any dispute arises out of or relates to this Contract, or the breach thereof, and if said dispute cannot be settled
through direct discussions, the parties agree to the first endeavor to settle the dispute in an amicable manner by non-binding mediation before the
American Arbitration Association, or as otherwise agreed, before having recourse to a judicial forum. No written or oral representation made during any
mediation shall be deemed a party admission.
21. Claims: In the event of any litigation involving this Contract to enforce any provision of this Contract, to enforce any remedy available upon default
under this Contract, or to obtain a declaration of rights under this Contract, the prevailing party shall be entitled to recover from the other attorney’s fees
and costs as may be reasonably incurred by reason of the litigation. In addition, Client understands and agrees that, should collection action become
necessary for recovery of any outstanding balances due to Consultant under this Contract, Client agrees to pay all collection costs, court costs, and
reasonable attorney fees, all up to the maximum amounts allowed by law.
22. Waiver
A. No waiver of the terms, conditions, and covenants of this Contract shall be binding and effective unless the same shall be in writing
signed by the parties.
B. A waiver of any breach of terms, conditions, and covenants of this Contract shall be for that one time only and shall not apply to any
subsequent breach.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/26/2021 Title: Ice Rink Refrigeration System
Submitted By: Mike VanderMolen Department: Arena
Brief Summary: The current ice rink refrigeration system is 24 years old. It has become unreliable and
uses an outdated refrigerant that is no longer manufactured.
Detailed Summary: The current refrigeration system was installed in 1998, the compressors and related
equipment are unreliable, leaky, and showing their age. In just the past 12 months alone we have spent
$48,000 on repairs and replacement refrigerant. The R22 refrigerant used in our system is an
environmental hazard and is no longer manufactured. Due to the scarcity of the product, this price will only
increase.
If we were to have a leak or a system failure, we may not be able to source enough refrigerant to keep the
ice, that type of situation would be detrimental for the arena and the Lumberjacks hockey season.
The new system will use ammonia as the refrigerant which is about 30 times cheaper, more readily
available, and more environmentally friendly. The new system will use brand new energy efficient
compressors and be easier and less expensive to operate and maintain, significantly reducing labor hours
and repairs.
As we started this process we intended to get 3+ quotes, we soon realized there is a limited supply and
long order time for the necessary equipment. If we did a formal RFP process, we would never be able to
complete the project during our open timeline in Spring of 2022.
In order to have the parts available by the end of this season, the equipment needs to be ordered as soon
as possible. The lead-time on new equipment is up to 30 weeks, which puts us right up to the edge of our
time frame during the off-season. If we are able to order equipment soon, we will be able to schedule the
change-over to happen during a 6-8 week down period during the summer.
Serv-Ice is the closest contractor capable of completing this project. Their proposal covers the entire
change over 100%, including removal off all existing equipment (entire walls need to be removed),
compressor installation, plumbing, electrical, pipe-fitting, and final setup. Serv-Ice has serviced and
repaired our machines over the years, and knows our building and setup very well.
Amount Requested: $718,000 Amount Budgeted: $625,000 from the Shuttered Venue
Operators Grant. Additional grant funds may be
available to cover the full amount, or remaining funds to
come from the Arena.
Fund(s) or Account(s):254 Fund(s) or Account(s):254
Recommended Motion: To approve the refrigeration upgrade by Serv-Ice of Michigan.
For City Clerk Use Only:
Commission Action:
September 24, 2021
L. C. Walker Arena and Event Center
470 W. Western Ave.
Muskegon, MI 49440
Attention: Jerry Ream
Subject: Replacement of Ice Rink Refrigeration System
Dear Jerry:
We are happy to supply the following refrigeration system for your ice rink:
Refrigeration System Options
Option I: Option II:
Field Erected Ammonia System • In lieu of Vilter, we can provide Bitzer
• 1-Docal Flooded chiller 220 Ton, 1600 gpm of 40% reciprocating compressors.
ethylene glycol from 17.90F to 140F • Deduct $40,000.00 from Option I
• 1-Docal Water cooled condenser 220 Tons price.
• 3-Vilter 456XLD Compressors, 100HP Motors Option II Total Installed Price: $678,000.00
• All necessary pipe, valves and fittings
• All necessary electrical wiring for compressor
motors
• All necessary control wiring
• All computer programming
• Ammonia detection system
• Frequency Drives for cold floor pumps
Option I Total Installed Price: $718,000.00
All above options include: • Necessary electrical wiring for new
• Reclaim existing refrigerant equipment
• Disconnect existing chiller • Existing cold floor pumps, cooling tower
• Demo of existing chiller pumps, cooling tower & Serv-Ice
• Demo of wall Control Computer
• Rigging to set new chiller • Check test and start up
• Necessary control wiring • Michigan sales tax
• Necessary computer programming • Freight
Deduct:
Customer to remove refrigeration equipment and demo/repair wall to allow access to building please
deduct $20,000.00 from above pricing.
Page 1 of 2
Delivery Dates:
• Chiller – 10 weeks after approval
• Water Cooled Condenser – 30 weeks after approval
• Vilter Compressors – 8 weeks after approval
• Expedited Water Cooled Condenser Delivery: Add $13,470.00to above pricing. 21-22 weeks
after approval
• Evaporative Condenser Option:
Replace existing water-cooling towers and install evaporative condenser on the roof. 12 weeks
after approval. Price upon request.
Terms:
• Price valid for 30 days
• Freight subject to change
• Progress payments
Thank you for the opportunity to supply this proposal. Do not hesitate to call with any questions.
We look forward to working with you on this project.
Sincerely,
Serv-Ice Refrigeration, Inc.
Robert Bishop
Robert Bishop
President
Cell: 313-600-8655
Page 2 of 2
TEMPEST INC., 12750 Berea Rd. Cleveland, OH 44111 * Phone:
(216) 883-6500
______________________________________________________________________
Subject: Tempest BUDGET Proposal # 3550-0-081021
Water-Cooled, Ammonia Chiller System; Multiple Compressor Configuration Options
Mike,
Tempest would like to thank you for the opportunity to work with the Mercy Health Arena on your
ice plant chiller replacement. Per your request, Tempest is providing this budgetary proposal per
the following equipment summary:
➢ CHILLER OPTION #1: One (1) Water-Cooled 142-Ton Ammonia Chiller System
o Two (2) open drive 8-cylinder direct drive reciprocating compressors
➢ CHILLER OPTION #2: One (1) Water-Cooled 124-Ton Ammonia Chiller System
o One (1) open drive 8-cylinder direct drive reciprocating compressor
o One (1) open drive 6-cylinder direct drive reciprocating compressor
▪ Optional open drive 6-cylinder compressor for standby redundancy
We look forward to working with you to provide engineering and manufacturing services for the
design and build of this industrial refrigeration system. Thank you again for this opportunity and
please feel free to call me at +1 (216) 883-6500 or cell (440) 225-3029 if you have questions or
comments at any time during this project.
Sincerely,
Sam Wasylyshyn
Tempest Technical Sales & Account Manager
Budgetary Proposal
To
for
➢ CHILLER OPTION #1: One (1) Water-Cooled 142-Ton Ammonia Chiller System
o Two (2) open drive 8-cylinder direct drive reciprocating compressors
➢ CHILLER OPTION #2: One (1) Water-Cooled 124-Ton Ammonia Chiller System
o One (1) open drive 8-cylinder direct drive reciprocating compressor
o One (1) open drive 6-cylinder direct drive reciprocating compressor
▪ Optional open drive 6-cylinder compressor for standby redundancy
Proposal Number: 3550-0-081021
Submission Date: August 4, 2021
PROPOSAL PREPARED BY:
Mike Kaminski, Tempest Inc.
Director of Sales & Engineering
Office: 216-883-6500 ext. 1326
Mobile: 216-347-6806
Email: MVK@tempest-eng.com
Steve Darmon, Tempest Inc.
Senior Engineering Project Manager
Phone: 216-883-6500 ext. 1314
Mobile: 216 -346-2307
Email: JEA@tempest-eng.com
James Anderson, Tempest Inc.
Senior Inside Technical Sales
Phone: 216-883-6500 ext. 1314
Mobile: 216 -346-2307
Email: JEA@tempest-eng.com
Sam Wasylyshyn, Tempest Inc.
Technical Sales & Account Manager
Office: 216-883-6500 ext. 1320
Mobile: 440-225-3029
Email: sam@tempest-eng.com
This proposal and terms herein remain in effect for 30 days from the date of submission.
This Proposal Document Contains Proprietary and Confidential Information of Tempest, Inc. and is Intended for Only Mercy Health Arena. The
Information Shall Not Be Used, Disclosed, Shared or Reproduced, In Whole or In Part, for Any Purpose Other Than Evaluation by Mercy Health Arena
without The Prior Written Consent of Tempest, Inc.
Page 2 of 20
Dear Valued Customer,
As our communities and businesses continue to recover from the impacts of the pandemic, we wanted to
personally reach out to share the challenges we and many other businesses around the world are
continuing to face.
There have been significant raw material shortages and supply chain issues, including limited labor
availability, and a worldwide imbalance of ocean vessels and containers — coupled with unforeseen
spikes in demand — which have contributed to extended product lead times, as well as inflationary
pressures on prices. As a result of these challenges, we have experienced multiple price increases since
the first of the year from many of our component and material suppliers, along with varying lead times
and product availability.
Rest assured, Tempest Inc. remains committed to staying in front of these unexpected changes and
roadblocks to the best of our ability. Our business is structured to quickly pivot to work as efficiently as
possible. Our sales, engineering, purchasing and production departments continue to work long hard
hours to assure that we keep our projects on schedule and on budget. We are currently searching the
globe to locate the appropriate components and materials that meet our performance and quality
demands. We will continue to work proactively to ensure competitive pricing and lead-times to the best
of our ability.
We encourage you to be mindful of these current market conditions when planning your business when
considering our industrial chillers and heat transfer equipment. With the likelihood of continued
shortages and supply chain issues as the world navigates through these various market conditions, it is
essential that Tempest works closely with its customers to better plan and project manage through these
unprecedented times.
As always, it is our goal to be transparent and build your trust with Tempest. We appreciate your
consideration and are very grateful for your business. We look forward to working with you on your
project to achieve a successful outcome.
Tempest Senior Management Team
This Proposal Document Contains Proprietary and Confidential Information of Tempest, Inc. and is Intended for Only Mercy Health Arena. The
Information Shall Not Be Used, Disclosed, Shared or Reproduced, In Whole or In Part, for Any Purpose Other Than Evaluation by Mercy Health Arena
without The Prior Written Consent of Tempest, Inc.
Page 3 of 20
Proposal #: 3550-0-081021
Project Name: One (1) Water-Cooled Ammonia Chiller System for Single Sheet NHL Sized Ice Sheet
Submitting To: Mercy Health Arena
1. TEMPEST BACKGROUND & PROJECT APPROACH
Tempest has been providing refrigeration and process heat transfer solutions for 35 years.
Our systems are engineered to our customer’s application and process needs. Tempests’
comprehensive resource package includes the following:
➢ State of the Art manufactured Refrigeration and Process Systems
➢ Superior Engineering and Technical Support
➢ Extensive Industry Experience
➢ Integrated Service Programs. Preventative maintenance and 24/7 Service Support
➢ Reliable Equipment and Parts availability
To better serve our customer and assure our solutions properly meet the functional/performance requirements,
TEMPEST utilizes its FOCESS (Facts, Objectives, Challenges, Engineering, System Build, System Install/Start-
up) project engineering process to complete the design and development of the subject refrigeration/heat transfer
system.
TEMPEST’s FOCESS engineering process is a phased approach designed to control investment costs during the
early stages of a development program, when challenges and issues are most commonly encountered. This
approach helps to minimize risk and maximize value.
Tempest will use its FOCESS project engineering approach as outlined in the phases below:
• Phase I: Define/Discover
a. Functional & Performance Specifications
b. Objectives (Business & Process)
c. Challenges & Concept System Development (PID & BOM)
• Phase II: Develop
a. Engineering (Design for Manufacturability/Serviceability, Final BOM)
b. System Build & Test
• Phase IV: Deploy
a. System Install, Start-up & Service Support
Tempest has been designing, building and servicing industrial low temperature chillers
for over 30 years. In 2017, Tempest introduced its all new Industrial Chiller Equipment
“E3:ICE” specifically designed for energy efficient, environmentally friendly and
economically viable (E3). We specialize in ammonia refrigeration systems.
1.1 Tempest Ice Rink Chiller Project Examples
This Proposal Document Contains Proprietary and Confidential Information of Tempest, Inc. and is Intended for Only Mercy Health Arena. The
Information Shall Not Be Used, Disclosed, Shared or Reproduced, In Whole or In Part, for Any Purpose Other Than Evaluation by Mercy Health Arena
without The Prior Written Consent of Tempest, Inc.
Page 4 of 20
Image A: 100-Ton Air-Cooled R-507 Single Sheet Ice Rink Chiller
Image B: 142-Ton Air-Cooled Ammonia Single Sheet Ice Rink Chiller
This Proposal Document Contains Proprietary and Confidential Information of Tempest, Inc. and is Intended for Only Mercy Health Arena. The
Information Shall Not Be Used, Disclosed, Shared or Reproduced, In Whole or In Part, for Any Purpose Other Than Evaluation by Mercy Health Arena
without The Prior Written Consent of Tempest, Inc.
Page 5 of 20
Image C: 205-Ton Evaporative Cooled Ammonia Ice Rink Chiller: Two (2) Sheets of Ice
2. COMPANY & PROJECT BACKGROUND
Mercy Health Arena was originally build in 1960 and underwent
significant renovations in 2019 adding restaurants, executive suites,
club seating, loge seating, new party decks, and new restrooms. The facility is home to the Muskegon Junior
Lumberjacks and the West Michigan Shoreline Figure Skating Club. It also hosts a number of recreational
hockey leagues.
During our initial project review call on June 29th, it was discovered the Mercy Health Arena currently has an R-
22 refrigerant chiller providing cooling to one (1) NHL sized ice sheet and would like an ammonia chiller
replacement. It’s our understanding we are to design a 140-Ton water-cooled ice rink replacment chiller.
2.1 Project Background
142-TON EVAPORATIVE-COOLED AMMONIA SINGLE SHEET ICE RINK CHILLER
Reference Emails, Datasheets, Documents, etc.
PROCESS DATA SENT BY MIKE VANDERMOLEN: 6-17-21
• The compressors are mycom 6cylinder recipicating there are 3 compressors, can only run 2
compressors at a time
• The plant was installed in 1998
• R-22 Freon
• Not sure on tonnage the compressors are driven by a baldor super e 125 hp electric motors
• Plant is located inside
This Proposal Document Contains Proprietary and Confidential Information of Tempest, Inc. and is Intended for Only Mercy Health Arena. The
Information Shall Not Be Used, Disclosed, Shared or Reproduced, In Whole or In Part, for Any Purpose Other Than Evaluation by Mercy Health Arena
without The Prior Written Consent of Tempest, Inc.
Page 6 of 20
• Efficiency, reliability reasons for replacement also r-22 availability
• Chill-con I believe is the chiller
TEMPEST RECORDED NOTES FROM CALL: 6-29-21
• Estimated 140-Tons of cooling capacity
• Preferred Refrigerant: Open to Ammonia
• Condensing Type: Water-Cooled Tower (will reuse) - Shell & Tube
• Tempest will need to get dimensions to understand footprint constraints
• Open to punching a hole in the wall to get new system in - Tempest to pursue single skid system
• Compressors: Vilter or Mycom Recips; currently can only run two electrical motors at once (electrical
constraints) - 250HP Limit
• Assuming the facility will need a 600 amp breaker (pumps are on a different breaker - 60 amps)
• Facility is a year round (close down for a month a year) - Late June shut down (start up in August)
• June 2022 is the target installation date
• Ice melt pit - Exists but not currently in use
• Tempest recommends a heat recovery circuit for use in different things (ice melt pit, hot water tank,
etc.)
• Option #1: Tempest recommends using two (2) 8-cylinder compressors (73-Tons per compressor @
150-HP) need to see if this runs under amperage rating. Tempest to include a 6-cylinder standby.
• Option #2: One 8-cylinder Compressor, One 6-cylinder Compressor, and One 6-cylinder
Compressor stand-by (lead/lag in controls for equal run time on all compressors)
• Subfloor - Not currently using (no pumps)
• Cement Floor - 1998; plastic tubing in floor
• Tempest could quote floor pump due to OEM pricing; recommend putting VFD back on pump for
energy savings
TECHNICAL CLARIFICATIONS FROM MIKE: 7-12-21
• Cooling plant measures out 27'x 8'
• We set floor temp to 15F degrees to paint ice
• Supply goes out about 8.8F degrees comes back about 16-17F degrees, set point at 17F degrees
• We don’t know the flow rate on pumps from the water cooled condenser
• Glycol pump: Toshiba 0504SDSR41A-P 50 HP Motor
PHOTOS OF EXISTING R-22 CHILLER
This Proposal Document Contains Proprietary and Confidential Information of Tempest, Inc. and is Intended for Only Mercy Health Arena. The
Information Shall Not Be Used, Disclosed, Shared or Reproduced, In Whole or In Part, for Any Purpose Other Than Evaluation by Mercy Health Arena
without The Prior Written Consent of Tempest, Inc.
Page 7 of 20
This Proposal Document Contains Proprietary and Confidential Information of Tempest, Inc. and is Intended for Only Mercy Health Arena. The
Information Shall Not Be Used, Disclosed, Shared or Reproduced, In Whole or In Part, for Any Purpose Other Than Evaluation by Mercy Health Arena
without The Prior Written Consent of Tempest, Inc.
Page 8 of 20
This Proposal Document Contains Proprietary and Confidential Information of Tempest, Inc. and is Intended for Only Mercy Health Arena. The
Information Shall Not Be Used, Disclosed, Shared or Reproduced, In Whole or In Part, for Any Purpose Other Than Evaluation by Mercy Health Arena
without The Prior Written Consent of Tempest, Inc.
Page 9 of 20
GLYCOL PUMP DATA:
Herein shall serve as Tempest’s proposal with project summary, clarifications, exceptions, technical
information and scope of supply, lead time, and pricing.
3. PROJECT SUMMARY
Based on the project background notes and our subsequent communications, Tempest is proposing to design
and build a Water-Cooled Ammonia Chiller designed to deliver 40% ethylene glycol to One (1) NHL size ice
rink. The system can be designed a few different ways based on compressor configuration. Tempest is
proposing two (2) different options.
Option #1: Two (2) 8 Cylinder Compressors; Providing 142-Tons of Cooling Capacity
Option #2a: One (1) 8 Cylinder & One (1) 6 Cylinder Compressors; Providing 124-Tons of Cooling Capacity
Option #2b: One (1) 8 Cylinder & Two (2) 6 Cylinder Compressors* (One for Standby Redundancy);
Providing 124-Tons of Cooling Capacity
3.1 Proposal Clarifications & Exceptions:
Proposal Clarifications:
1. The scope of equipment to be supplied is per this quote letter any requirements beyond what is
specifically described can be supplied at an additional charge.
2. The proposed system is quoted per Tempest’s standard terms and conditions including warranty per
included document.
This Proposal Document Contains Proprietary and Confidential Information of Tempest, Inc. and is Intended for Only Mercy Health Arena. The
Information Shall Not Be Used, Disclosed, Shared or Reproduced, In Whole or In Part, for Any Purpose Other Than Evaluation by Mercy Health Arena
without The Prior Written Consent of Tempest, Inc.
Page 10 of 20
3. Mechanical Engineering and Electrical Controls Engineering is included for the design and build of
the equipment, per current specifications provided, project background (section 2.1), project
summary, clarifications and scope of supply listed in our proposal. If additional engineering is
required outside of the current scope of supply Tempest will require a change order to proceed.
4. Shipping costs are NOT included in proposal. Shipping arrangements and pricing can be provided
upon request.
5. Documentation package will include a standard drawing set in PDF format, and installation and
operations manual.
6. Insulation is provided on all cold surfaces within Tempest skid boundary.
7. Refrigerant and Refrigerant oil is NOT included due to Ammonia Refrigerant charge. Tempest can
provide a quote for field services to charge the chiller system in the field.
8. All assembly drawings are designed using ACAD Inventor 3-D software and can be provided, as a
single part solid, in a standard file exchange format.
9. Functional and Factory acceptance testing is included. (Up to 2 days) Factor Acceptance Testing may
require heat transfer fluid to be supplied by customer for load simulation testing.
10. Installation Field Services are to be provided by others. Tempest can provide field service technician
for installation supervision and guidance at our normal field service hourly rate.
11. Start-up, Commission and Training Field Service is quoted as a separate line item in pricing section
(Excluding Travel & Living Expense)
12. Tempest will build panels to UL508 however Tempest is unable to self-certify. Tempest can have
panels certified by third party at an additional cost.
13. Glycol Floor Pumps: Main Floor Glycol pumps are excluded from the proposal at this time. Tempest
will require additional technical information to specify the correct pump package.
14. Glycol Sub-Floor Pumps: It is Tempests understanding the current subfloor system is not in operation
and that the pumps will not be replaced. Therefore, Tempest is excluding these pumps from the
proposal. Additional technical information and direction from customer is require to quote and
supply these pumps.
15. Water-Cool Condenser Pumps: Condenser pumps have been excluded from the proposal at this time.
Tempest will require additional technical information to specify the correct pump package.
3.2 Scope of Supply:
TEMPEST PROPOSED EQUIPMENT P&ID: 8-2-21 (For reference only)
Option #1: Two (2) open drive 8-cylinder direct drive reciprocating compressors
This Proposal Document Contains Proprietary and Confidential Information of Tempest, Inc. and is Intended for Only Mercy Health Arena. The
Information Shall Not Be Used, Disclosed, Shared or Reproduced, In Whole or In Part, for Any Purpose Other Than Evaluation by Mercy Health Arena
without The Prior Written Consent of Tempest, Inc.
Page 11 of 20
TEMPEST PROPOSED EQUIPMENT CONFIGURATION AND SPECIFICATIONS:
SINGLE SHEET AREANA ICE RINK CHILLER
OPTION #1: CONFIGURED WITH TWO (2) 8 CYCLINDER 150 HP COMPRESSORS:
MODEL: WC-142TR717-(3°F)- FL
CAPACITY: 142 Tons @ 3°F saturated suction temperature,
105°F condensing
REFRIGERANT: R-717
PROCESS FLUID: 40% Ethylene Glycol / Water
ELECTRICAL CLASS: NEMA 12 indoor duty
VOLTAGE: 460V/3Ph/60Hz
APPROXIMATE FLA: 367 Amps
APPROXIMATE MCA: 412 Amps
NO. OF REFRIGERANT CIRCUITS: One (1)
NO. OF COMPRESSORS: Two (2)
FRAME:
➢ Structural steel framework with support strength for all components
➢ Two Part Epoxy Paint Tempest standard blue
• Alternate colors are available upon request. An additional charge may be required
COMPRESSOR:
➢ Two (2) open drive 8-cylinder direct drive reciprocating compressors
➢ 71 Tons, 125 BHP at 1150 RPM @ 3°F Deg F evaporating, 105°F condensing
➢ Integral Suction strainer
➢ Internal Relief Valve
➢ Tri-Micro Oil Filter with mounted 3-way manual valve
This Proposal Document Contains Proprietary and Confidential Information of Tempest, Inc. and is Intended for Only Mercy Health Arena. The
Information Shall Not Be Used, Disclosed, Shared or Reproduced, In Whole or In Part, for Any Purpose Other Than Evaluation by Mercy Health Arena
without The Prior Written Consent of Tempest, Inc.
Page 12 of 20
➢ 25, 50% Capacity Reduction with unloader solenoids
➢ 120V control (Non-Hazardous electrical)
➢ Suction and Discharge stop valves
➢ Water cooled oil cooler
➢ 560-Watt Standard Oil Heater
➢ Pressure Controls including dual pressure switch, capacity reduction switches and oil failure switch
➢ Water Regulating Valve
➢ Water Solenoid Valve 115V
➢ Oil Thermometer in Crankcase
➢ Gauges with Stedy Mounts
➢ Direct Drive Base
➢ Coupling
➢ Coupling Guard
➢ Oil Return Float Valve Kit
➢ 2" Piston type Discharge Check valve
➢ Suction & discharge pressure & temperature indicators
➢ 150 Hp Motor, 1200 RPM, ODP, Premium Efficiency, 460Volts/3/60Hz, with 1.15 SF.
EVAPORATOR:
➢ One (1) Flooded shell and tube type evaporator
➢ Saturated suction temperature of 3°F
➢ Designed to cool 1,350 GPM of 40% Ethylene Glycol / Water from 16°F to 13°F
➢ ASME code Section VIII Div. 1
➢ Carbon steel shell with Steel tubes
➢ Integral oil pot
➢ Integral surge drum
➢ Dual pressure relief valves with three-way isolation valve
• Rupture disks, & rupture disk indicators
CONDENSER:
➢ One (1) shell and tube type water cooled condenser
➢ ASME code Section VIII Div. 1
➢ Carbon steel shell, carbon steel tubes
➢ Modulating pneumatic control valve based on refrigerant pressure
➢ Rated for 2,350,000 BTU/hour heat rejection at 105°F saturated condensing temperature
➢ 470 GPM of 85°F entering cooling tower water required
➢ Dual pressure relief valves with three-way isolation valve
• Rupture disks, & rupture disk indicators
REFRIGERATION VALVES COMPONENTS AND INSTRUMENTS:
➢ Pilot operated liquid feed valve
➢ Float valve
➢ Evaporator level column with bull’s eyes and high-level switch
➢ Discharge pressure regulator
➢ One (1) centrifugal close coupled pump for compressor cooling
• 2 horsepower motor operated with a standard starter
➢ 16" Super oil separator, One (1) per circuit
• Dual pressure relief valves with three-way isolation valve
• Rupture disks, & rupture disk indicators
ELECTRICAL:
➢ NEMA 12 electrical enclosure
➢ 600 A disconnect
This Proposal Document Contains Proprietary and Confidential Information of Tempest, Inc. and is Intended for Only Mercy Health Arena. The
Information Shall Not Be Used, Disclosed, Shared or Reproduced, In Whole or In Part, for Any Purpose Other Than Evaluation by Mercy Health Arena
without The Prior Written Consent of Tempest, Inc.
Page 13 of 20
➢ Single point power entry distribution block
➢ Branch circuit protection
• Circuit breakers
➢ Internal control circuit transformer
➢ Compressor Soft Starters
➢ Emergency stop operator & power on light
➢ UL508A compliant enclosed electrical panel
• Third party panel certification available at an extra charge
➢ Unit designed for indoor operation
CONTROLS:
➢ Allen Bradley Compact Logix Model L3 PLC
• System includes power supply, processor, all necessary input/output analog and digital control
boards
• Panel View 10.5” Color Touch Screen operator interface
• Tempest proprietary custom process control program
• Remote setting, monitoring and troubleshooting via VPN Ewon included
TEMPEST PROPOSED EQUIPMENT P&ID: 8-2-21 (For reference only)
Option #2: One (1) open drive 8-cylinder & One (1) 6-cylinder direct drive reciprocating
compressors; option for a second 6-cylinder compressor for standby redundancy.
TEMPEST PROPOSED EQUIPMENT CONFIGURATION AND SPECIFICATIONS:
SINGLE SHEET AREANA ICE RINK CHILLER
This Proposal Document Contains Proprietary and Confidential Information of Tempest, Inc. and is Intended for Only Mercy Health Arena. The
Information Shall Not Be Used, Disclosed, Shared or Reproduced, In Whole or In Part, for Any Purpose Other Than Evaluation by Mercy Health Arena
without The Prior Written Consent of Tempest, Inc.
Page 14 of 20
OPTION #2: CONFIGURED WITH ONE (1) 8 CYCLINDER 150 HP COMPRESSOR & ONE (1) 6
CYCLINDER 125 HP COMPRESSOR:
OPTIONAL SECOND 6 CYCLINDER STAND-BY COMPRESSOR OFFERED FOR REDUNDENCY:
MODEL: WC-124TR717-(3°F)- FL
CAPACITY: 124 Tons @ 3°F saturated suction temperature,
105°F condensing
REFRIGERANT: R-717
PROCESS FLUID: 40% Ethylene Glycol / Water
ELECTRICAL CLASS: NEMA 12 indoor duty
VOLTAGE: 460V/3Ph/60Hz
APPROXIMATE FLA: 343 Amps
APPROXIMATE MCA: 388 Amps
NO. OF REFRIGERANT CIRCUITS: One (1)
NO. OF COMPRESSORS: Two (2) (Optional third for standby)
FRAME:
➢ Structural steel framework with support strength for all components
➢ Two Part Epoxy Paint Tempest standard blue
• Alternate colors are available upon request. An additional charge may be required
COMPRESSOR #1:
➢ One (1) open drive 8-cylinder direct drive reciprocating compressors
➢ 71 Tons, 125 BHP at 1150 RPM @ 3°F Deg F evaporating, 105°F condensing
➢ Integral Suction strainer
➢ Internal Relief Valve
➢ Tri-Micro Oil Filter with mounted 3-way manual valve
➢ 25, 50% Capacity Reduction with unloader solenoids
➢ 120V control (Non-Hazardous electrical)
➢ Suction and Discharge stop valves
➢ Water cooled oil cooler
➢ 560-Watt Standard Oil Heater
➢ Pressure Controls including dual pressure switch, capacity reduction switches and oil failure switch
➢ Water Regulating Valve
➢ Water Solenoid Valve 115V
➢ Oil Thermometer in Crankcase
➢ Gauges with Stedy Mounts
➢ Direct Drive Base
➢ Coupling
➢ Coupling Guard
➢ Oil Return Float Valve Kit
➢ 2" Piston type Discharge Check valve
➢ Suction & discharge pressure & temperature indicators
➢ 150 Hp Motor, 1200 RPM, ODP, Premium Efficiency, 460Volts/3/60Hz, with 1.15 SF.
COMPRESSOR #2:
➢ One (1) open drive 6-cylinder direct drive reciprocating compressors
➢ 53 Tons, 94 BHP at 1150 RPM @ 3°F Deg F evaporating, 105°F condensing
➢ Integral Suction strainer
➢ Internal Relief Valve
➢ Tri-Micro Oil Filter with mounted 3-way manual valve
➢ 33, 66% Capacity Reduction with unloader solenoids
This Proposal Document Contains Proprietary and Confidential Information of Tempest, Inc. and is Intended for Only Mercy Health Arena. The
Information Shall Not Be Used, Disclosed, Shared or Reproduced, In Whole or In Part, for Any Purpose Other Than Evaluation by Mercy Health Arena
without The Prior Written Consent of Tempest, Inc.
Page 15 of 20
➢ 120V control (Non-Hazardous electrical)
➢ Suction and Discharge stop valves
➢ Water cooled oil cooler
➢ 560-Watt Standard Oil Heater
➢ Pressure Controls including dual pressure switch, capacity reduction switches and oil failure switch
➢ Water Regulating Valve
➢ Water Solenoid Valve 115V
➢ Oil Thermometer in Crankcase
➢ Gauges with Stedy Mounts
➢ Direct Drive Base
➢ Coupling
➢ Coupling Guard
➢ Oil Return Float Valve Kit
➢ 1-1/2" Piston type Discharge Check valve
➢ Suction & discharge pressure & temperature indicators
➢ 125 Hp Motor, 1200 RPM, ODP, Premium Efficiency, 460Volts/3/60Hz, with 1.15 SF.
OPTIONAL COMPRESSOR #3:
➢ Stand-By Compressor fully pipe & wired
• Compressor will operate as a stand-by compressor incase of primary compressor failure.
• Compressor will run Lead – Lag to equal run time with the first two “Primary” compressors
• This Compressor will only operate as back up and will not increase capacity or utility usage.
➢ One (1) open drive 6-cylinder direct drive reciprocating compressors
➢ Same Technical Data Description as Compressor #2
EVAPORATOR:
➢ One (1) Flooded shell and tube type evaporator
➢ Saturated suction temperature of 3°F
➢ Designed to cool 1,150 GPM of 40% Ethylene Glycol / Water from 16°F to 13°F
➢ ASME code Section VIII Div. 1
➢ Carbon steel shell with Steel tubes
➢ Integral oil pot
➢ Integral surge drum
➢ Dual pressure relief valves with three-way isolation valve
• Rupture disks, & rupture disk indicators
CONDENSER:
➢ One (1) shell and tube type water cooled condenser
➢ ASME code Section VIII Div. 1
➢ Carbon steel shell, carbon steel tubes
➢ Modulating pneumatic control valve based on refrigerant pressure
➢ Rated for 2,350,000 BTU/hour heat rejection at 105°F saturated condensing temperature
➢ 470 GPM of 85°F entering cooling tower water required
➢ Dual pressure relief valves with three-way isolation valve
• Rupture disks, & rupture disk indicators
REFRIGERATION VALVES COMPONENTS AND INSTRUMENTS:
➢ Pilot operated liquid feed valve
➢ Float valve
➢ Evaporator level column with bull’s eyes and high-level switch
➢ Discharge pressure regulator
➢ One (1) centrifugal close coupled pump for compressor cooling
This Proposal Document Contains Proprietary and Confidential Information of Tempest, Inc. and is Intended for Only Mercy Health Arena. The
Information Shall Not Be Used, Disclosed, Shared or Reproduced, In Whole or In Part, for Any Purpose Other Than Evaluation by Mercy Health Arena
without The Prior Written Consent of Tempest, Inc.
Page 16 of 20
• 2 horsepower motor operated with a standard starter
➢ 16" Super oil separator, One (1) per circuit
• Dual pressure relief valves with three-way isolation valve
• Rupture disks, & rupture disk indicators
ELECTRICAL:
➢ NEMA 12 electrical enclosure
➢ 400 A disconnect
➢ Single point power entry distribution block
➢ Branch circuit protection
• Circuit breakers
➢ Internal control circuit transformer
➢ Compressor Soft Starters
➢ Emergency stop operator & power on light
➢ UL508A compliant enclosed electrical panel
• Third party panel certification available at an extra charge
➢ Unit designed for indoor operation
CONTROLS:
➢ Allen Bradley Compact Logix Model L3 PLC
• System includes power supply, processor, all necessary input/output analog and digital control
boards
• Panel View 10.5” Color Touch Screen operator interface
• Tempest proprietary custom process control program
• Remote setting, monitoring and troubleshooting via VPN Ewon included
3.3 Project Lead-time
TEMPEST anticipates the following equipment lead-time based on the following schedule…
Equipment Lead-Time: 18-to-20 weeks after Approval/Purchase of Early Release Long Lead Components*
(Estimated lead-time of chiller is contingent upon the following component lead-times)
Note 1: Current components lead-times that are driving overall equipment lead-times.
o COMPRESSORS: 8-10 weeks after Approval/Purchase of Early Release Long Lead Components*
o HEAT EXCHANGERS: 10-12 weeks after Approval/Purchase of Early Release Long Lead Components*
Note 2: Equipment Lead Times may vary based on engineering and production workload at time of order placement and
component lead times upon final engineering and purchase. Lead-time is contingent upon timely exchange of pertinent
technical information, customer approvals and receipt of major components.
Note 3: Component Lead-Time Notice: Tempest is experiencing longer than usual and unexpected delays with materials and
components from suppliers. Tempest works with its suppliers on a daily basis to mitigate any delays. If components are
purchased from suppliers outside of the United States, Tempest encourages its customers to consider air freight when
applicable. Tempest has the manufacturing manpower to start all projects when components are received.
Early Release Components Approval Package Submittal: 2 weeks after Receipt of Purchase Order
Final Engineering Drawing Package Lead-time: 4-6 weeks after Receipt of Purchase Order
Clarification: Development of final engineering package should not affect the overall time-line of the project unless something is
significantly changed during the engineering phase.
3.4 Equipment Pricing:
Tempest in pleased to provide the following pricing breakdown for the subject chiller. Final pricing will be
determined upon completion of final engineering and any change orders.
This Proposal Document Contains Proprietary and Confidential Information of Tempest, Inc. and is Intended for Only Mercy Health Arena. The
Information Shall Not Be Used, Disclosed, Shared or Reproduced, In Whole or In Part, for Any Purpose Other Than Evaluation by Mercy Health Arena
without The Prior Written Consent of Tempest, Inc.
Page 17 of 20
Pricing Breakdown:
SINGLE NHL ICE RINK: AMMONIA ICE PLANT CHILLER
Pricing Breakdown: 142 Ton Chiller Option & 124 Ton Chiller Options Budget Price
Option #1: Two (2) 8 Cylinder Compressors
$ 387,410.00
WC-142-TR717-(3F)-FL (142Ton of Cooling Capacity @ (3F EVAP)
Option #2a: One (1) 8 Cylinder & One (1) 6 Cylinder Compressors
$ 374,800.00
WC-124TR717-(3F)-FL (124Ton of Cooling Capacity @ (3F EVAP)
Option #2b: One (1) 8 Cylinder & Two (2) 6 Cylinder Compressors* (One for Standby)
$ 464,970.00
WC-124TR717-(3F)-FL (124Ton of Cooling Capacity @ (3F EVAP)
(Note 1: Engineering is included per clarification in section 3.1.)
(Note 2: Final pricing is contingent upon final specifications, engineering, equipment configuration and change orders.)
(Note 3: Final Pricing is contingent upon Value Engineering options.)
Start-up, Commissioning, Site Acceptance Test (SAT) Service:
Tempest recommends a minimum of two to three (2-3) days of start-up service (Including Training, Commissioning and SAT)
once equipment has been installed and ready for start-up. Tempest Service Technician Rate is $150.00 per hour. Travel rates to and
from site location will be $95.00 per hour during normal operating hours. Any additional time required on site will be based on a
time and material basis.
Start-up Service (Excluding Travel & Living Expense)…..……...……….….…$ 1,200.00 per day
3.5 Tempest Standard Payment Terms:
Equipment Purchase Payment Terms:
➢ 25% down payment, due Upon receipt of Purchase Order or Signed Agreement
➢ 45% on Receipt of Major Components, net 30 from invoice
➢ 20% on Factory Acceptance Testing (FAT) or Shipment, net 30 from invoice (Reference
Proposal Clarification #10 for FAT description)
➢ 10% on Site Acceptance Testing (SAT), net 30 from invoice, no later than 90 days from
shipment (or ship ready)
Down Payment Due with PO, All Progress Payments are Net 30 Days from Invoice
3.6 Tempest Standard Terms & Conditions and Warranty:
This Proposal Document Contains Proprietary and Confidential Information of Tempest, Inc. and is Intended for Only Mercy Health Arena. The
Information Shall Not Be Used, Disclosed, Shared or Reproduced, In Whole or In Part, for Any Purpose Other Than Evaluation by Mercy Health Arena
without The Prior Written Consent of Tempest, Inc.
Page 18 of 20
TEMPEST, INC. TERMS AND
CONDITIONS
QUOTATIONS: This proposal is void after thirty days, unless extended in writing by TEMPEST, INC., item. Seller shall have the option to require that the item be returned to its factory, or to make such
(Seller). It supersedes all previous quotations and agreements. Quoted delivery dates expire thirty (30) days adjustment at the point of installation. Seller shall have no responsibility if such item has been improperly
after the date of quotation. Prices and specifications are subject to change prior to the acceptance of the stored, installed, operated, or maintained or if Buyer has permitted unauthorized modifications, adjustments,
Buyer's order by the Seller. Orders once accepted are not subject to cancellation except on the basis of and/or repairs to the item. TEMPEST, Inc. shall not be responsible for providing working access to the
terms acceptable to the Seller. Failure of the Buyer to make timely progress payments shall allow the Seller, defect, including the removal disassembly, replacement or reinstallation of any equipment, materials or
at its sole discretion, to declare the contract to have been breached by the Buyer. The Seller reserves the structures. Adjustments for items of equipment supplied by the Seller but not manufactured by Seller shall
right to make changes in design, manner of construction, use of materials, or auxil iary equipment, at any time be made to extent of any warranty of the manufacturer or supplier the reof. Defective parts shall be returned
without incurring any obligation toward any Buyer or user of apparatus previously designed or sold. Issuance to us F.O.B. our factory, and repaired or replacement parts shall be shipped by us F.O.B. our factory. The
of an order or acceptance of this proposal constitutes acceptance of the above conditions, all conditions removal by Buyer of parts returned to us for repair or replacement and the installation by Buyer of
printed on the reverse side hereof and all other terms and conditions contained herein. Typographical errors replacement or repaired parts shall be at Buyers expense. No work will be done by us at the site of the
and clerical errors are subject to correction. installation unless in our opinion it is impractical for Buyer to remove the defective part and return it to our
USE OF SPECIFICATIONS, DRAWINGS AND RESERVATION OF COPYRIGHTS: Seller reserves all factory. Repairs, replacements or adjustments for which we are responsible will be made as promptly as
copyright rights in this proposal and in all accompanying specifications and drawings. This proposal and all possible within standard working hours. Overtime, if required, will be paid for by the Buyer. The speed of
such specifications and drawings are submitted to Buyer solely for the Buyers consideration and in production or output that are beyond the control of the Seller and if set forth in the s pecifications shall be
confidence, remain the Sellers property subject to recall by Seller, and ar e not to be published, reproduced, treated as an estimate. Seller shall be responsible for the apparatus if modified, repaired or altered by
copied in whole or in part, loaned or otherwise communicated to any third party without Sellers written others. This warranty becomes null and void at any time TEMPEST, Inc. determines that the equipment has
permission. Drawings accompanying this proposal are to be used for construction purposes. been altered or tampered with in any way or that the equipment has been subject to neglect, accident,
TERMS: All payments are to be made in United States current funds at par. Terms to customers with misuse, abuse, improper installation or has been damaged by any casualty. The foregoing shall be Seller's
approved credit are Net 30 days from the date of the invoice unless otherwise stated herein. All payments
sole and exclusive remedy for any action, whether based on breach of contract or in tort, including
thirty (30) days in arrears are subject to a finance charge of 1 -1/2% per month on the outstanding balance
provided however, if applicable state law provides for a maximum interest rate which is lower, the lower rate negligence. Warranties specifically exclude any equipment designed by or provided by the Buyer and/or the
shall apply. Terms of payment should not be affected in any way should the equipment be damaged or Buyers agents
destroyed after transfer to the carrier. SERVICE: Seller warrants the work done by its representative to be free from defect in workmanship for a
TAXES: Quoted prices do not include taxes, duties and/or tariffs. Buyer agrees to pay such taxes, duties or period of 90 days after the date the work is supplied. There are no other warranties, express or implied. If
tariffs that may be imposed upon this transaction, unless Buyer demonstrates exemption to the satisfaction of any portion of the work proves to be defective within such 90 day period Buyer shall notify Seller in writing,
TEMPEST, Inc. within 30 days of such defect and Seller will, at its own expense, supply the necessary technical direction or
CONDITIONS OF SALE: Acceptance of an order relative to or resulting from this proposal is expressly consultation to correct the defect. The foregoing shall constitute the sole remedy of the purchaser and the
conditioned on the Buyer's agreement that the terms and conditions set forth herein, together any plans or sole liability of the Seller whether in warranty or otherwise.
specifications approved in writing by TEMPEST, Inc., are the sole terms and conditions of the Order and RETURNED GOODS: Goods will not be accepted for return without written authorization by TEMPEST, Inc.
constitute a contract representing the entire agreement of the parties with respect to subject matter thereof. INSTALLATION AND SERVICE: All apparatus shall be installed by and at the expense of Buyer, unless
No amendment, modification or waiver of the terms and conditions of the Order shall be binding on otherwise expressly stipulated. Should Buyer request the use of servicemen not specifically provided for and
TEMPEST, Inc. unless made in writing and signed by an authorized representative of TEMPEST, Inc. Any included in the contract price, additional charges will be payable to Seller at TEMPEST, Inc. prevailing per
additional or different terms and conditions contained in Buyer's prior orders or responses to this Order shall diem rates for such services, plus travel and living expenses. The Buyer: (A) is responsible for the strength
be deemed objected to by TEMPEST, Inc. without need of further notice of objection and shall not be of building members supporting this installation, (B) will remove any obstructions that may interfere with
effective or binding unless assented to in writing signed by an authorized representative TEMPEST, Inc. installations as shown, and make any necessary changes unless otherwise specifically stated, (C) is to
Buyer shall be deemed to have assented to all terms and conditions contained here in upon performance or procure and pay for any necessary permits, and is responsible for compliance with all Federal, (including
part performance by TEMPEST, Inc. under this contract. Should there be conflict with any terms or OSHA), state and local laws and ordinances, (D) is to secure State Labor Department approval if required,
conditions of any contract or purchase order used by Buyer, the terms and conditions in any contract or (E) will receive, unload, properly store, and protect form damage the equipment, and place it at the site of
purchase order used by Buyer, the terms and conditions herein shall prevail. installation prior to arrival of our installers, (F) is to furnish and install switch and fuse box and make electrical
BUYER SPECIFICATIONS: (A) In the event Buyer furnishes specifications and designs for the equipment connections to building current, (G) will provide necessary connections to air and/or hydraulic supply, ( H) will
and appurtenances thereto, or specifies omissions there from, or requires the use of specific components, or readily provide reasonable access to the work area, (I) is responsible for the cutting and patching of building
furnished any portion of said equipment and appurtenances, then (1) Buyer will save Seller harmless from as required. Unless otherwise expressly stipulated, per hour and per diem prices for service and installation
claims, costs and expenses of any patent infringement, or the causes of action arising from injuries sustained do not include any parts required to perform the task nor any time outside the normal working hours which
the operation of such equipment and appurtenances: (2) Seller shall not be responsible for the accuracy, are 8:00 am to 4:30 pm, Monday through Friday with one half hour for lunch, except Sellers recognized
suitability of design, safety specifications nor performance any apparatus built in conformity thereto ; and (3) holidays.
Buyer shall rely solely upon the warranties provided by the manufacturer of th e specified component. (4) LOCAL LABOR: In areas where local labor practice dictates that the Service Engineer be assisted by
Buyer supplied materials shall be insured by the Buyer for damage or loss while in TEMPEST, Inc.'s Construction Craft personnel while performing his on-site service functions, the Seller will not accept charges
possession. If TEMPEST, Inc. is to insure said goods while in its possession, Buyer must provide written for such assistance, unless such charges have previously been agreed to and accepted in writing by the
advance notice of goods and Buyer agrees to accept and pay for all costs incurred in obtaining or providing Seller's Authorized representative.
such insurance. (5) Seller will not be responsible for purchasing or acquiring replacements for Buyer supplied SAFETY DEVICES, GUARDS AND WARNINGS: Seller is only responsible for furnishing safety devices,
goods. Buyer will be charged all additional costs incurred when a Buyer supplied item must be removed, guards, and providing warnings concerning the safety of its equipment or the installation thereof as
returned, replaced or modified. (B) In the event the Buyer desires changes in specifications furnished by specifically set forth in this proposal. Buyer shall be responsible for providing all other safety devices, guards
Seller, such changes shall be subject to Seller's acceptance and any increased cost resulting there from s hall or warnings concerning the safety of the equipment or the installation thereof. To the extent permitted under
be paid by the Buyer upon invoice. applicable law, Seller will indemnify and hold Buyer harmless from any claim or cause by action of a third
DELAYS: (A) TEMPEST, Inc. will not be liable for any delay in the performance of this contract or for any party (other than your employees) for personal injuries arising out of Buyers failure to provide the safety
damages suffered by Buyer by reason of such delay, when such delay is directly or indirectly caused by or in devices, guards or warnings which are Buyer's responsibility set forth above.
any manner arises from fires, floods, accidents, riots, acts of God, war, governmental interference or COPYRIGHTS AND PATENTS: Except as herein set forth, in case any suit proceeding alleging copyright or
embargoes, strikes, labor difficulties, shortage of labor, fuel, materials or supplies, transportation delays or patent infringement is threatened or instituted against the Buyer and is based upon a claim that any program,
other cause or causes (whether or not similar in nature to any of those hereinabove specified) beyond its apparatus, or a part thereof, furnished under this contract constitutes an infringement of any United States
control. (B) Should deliveries be delayed by the Buyer, the Buyer shall compensate the Seller for any loss, copyright or patent issued prior to the date of the Seller's proposal, Buyer agrees that no claim shall be made
damage and additional expense suffered or incurred by Seller as a result of such de lays and the time for against Seller unless Buyer has notified Seller promptly, in writing, of the threat or institution o f said suit or
completion of the deliveries will be extended by an amount equal to such delay plus any additional time proceeding and unless Buyer gives Seller full authority, information, assistance and cooperation in the
required due to the rescheduling of Seller's facilities and change in material availability from suppliers. In the investigation of all facts and in the preparation and maintenance of any defense. In any such event it is
event of such a delay, the entire purchase price (less the price of any incomplete work) together with extra
further agreed that Seller shall have the following options: (1) Seller may defend said suit or proceeding in
cost of storing and handling the equipment during the period of delay shall be due and payable forty five (45)
days from the date the equipment was originally scheduled to be shipped and all charges subsequently behalf of Buyer and pay all damages and cost awarded herein against the Buyer; or (2) Seller may replace
occurring shall be due and payable at the end of each thirty (30) day period thereafter or upon shipment, said program, apparatus, or part with non-infringing program, apparatus, or part; or (3) Seller may procure for
whichever occurs first. the Buyer the right to continue using said program, apparatus or part; (4) Seller may remove said program,
DELIVERY: Delivery dates specified are dependent upon the timely receipt of all data required to facilitate apparatus, or part and refund to Buyer the purchase price less 20% thereof for each year or fraction of a ye ar
the design and construction of the equipment, and of all materials required for construction and testing. since the date the same was purchased by Buyer. The foregoing states Seller's entire liability for copyright
Unless otherwise specified by TEMPEST, Inc. delivery of the equipment shall be made F.O.B. our plant to a or patent infringement of any program, apparatus, or part furnished hereunder, which liability shall cease and
common carrier, licensed trucker, TEMPEST, Inc. truck or into storage at request of the Buyer at Buyer's terminate five years following the date of purchase.
expense and risk. Receipt of the equipment by the Buyer upon its delivery shall constitute a waiver of all DISCLAIMER OF DAMAGES: SELLER SHALL NOT BE LIABLE FOR SPECIAL, OR INCIDENTAL, OR
claims for loss or damage due to delay. CONSEQUENTIAL DAMAGES TO PERSONS, DAMAGES TO PROPERTY OR OTHER DAMAGES UNDER
RESPONSIBILITY AND TITLE: Title in the equipment shall remain with TEMPEST, Inc. as a security only ANY CIRCUMSTANCES, including, but not limited to, damage or loss resulting from inability to use the
and until full payment therefore. Risk of loss for the equipment shall pass to Buyer upon shipment from equipment, increased operating costs, loss of production, cost or purchased or replacement equipment, loss
F.O.B. point. of anticipated profits, repair expenses, or for any special, incidental, or consequential damages, whether
DAMAGE CLAIMS: All claims for the breakage or damage or shortages whether concealed or obvious, must similar or dissimilar, of any nature arising at anytime from any cause whatsoever whether based in contract,
be made to the carrier by the Buyer within ten (10) days after receipt of the shipment or within the time in tort (including negligence) or any other theory of law.
required by the carrier, whichever shall be less. TEMPEST, Inc. will be glad to render the Buyer re asonable LIMITATION: Seller's maximum liability hereunder arising from any cause whatsoever, whether based in
assistance in the securing of adjustment of such damage claims. contract tort (including negligence) or any other theory of law, shall not exceed the contract price. Any above
CANCELLATION AND TERMINATION: Any order placed with TEMPEST, Inc. can be cancelled by the mentioned cause of action must be commenced within one year from the date of which action accrues.
Buyer only upon payment of reasonable cancellation charges, which shall take into account exp enses AMENDMENTS: This contract may not be modified nor rescinded in any manner except by the written
already incurred and commitments made by TEMPEST, Inc. No termination by Buyer for default shall be agreement of both Buyer and TEMPEST, Inc.
effective unless and until TEMPEST, Inc. shall have failed to correct such alleged default with forty five (45) INVALID PROVISIONS: In case any one or more of the provisions contained in these terms and conditions
days after receipt by TEMPEST, Inc. of the written notice specifying such default. shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
EQUIPMENT WARRANTY: Seller expressly warrants that, upon shipment equipment manufactured by it will unenforceability shall not affect the other provisions thereof, and the terms and conditions shall be construed
be free from defects in material, workmanship, and title. This warranty is exclusive and is offered IN LIEU as if the invalid, illegal, or unenforceable provision had never been contained herein.
OF ALL IMPLIED OR STATUTORY WARRANTIES (INCLUDING WITHOUT LIMITATION WARRANTIES ASSIGNMENT: This agreement may not be assigned by the Buyer without the written consent of TEMPEST,
AS TO MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) OR ANY OTHER EXPRESS OR Inc. except (1) to a successor corporation by merger or consolidation of the Buyer, or (2) to any corporation
IMPLIED WARRANTIES OR REPRESENTATIONS. If any item manufactured by Seller shall prove acquiring by sale, lease or otherwise substantially all of the property, assets and business of the Buyer or any
defective in material and/or workmanship, within one year within the date of shipment, Buyer shall notify division or segment thereof having control of the activities or business to which this agreement relates, or (3)
Seller in writing of such defect or noncompliance with ninety (90) days of discovery of such defect or to any corporation controlling, controlled by or under common control with the Buyer.
noncompliance and Seller shall, at its option, modify, repair, or said item or refund the purchase price of said DEFINITIONS: "Equipment" shall mean the goods, as described by invoice, shipped from TEMPEST, Inc.
GOVERNING LAW: The law of the State of Ohio shall govern the validity, performance, interpretation and
the effect of this agreemen
This Proposal Document Contains Proprietary and Confidential Information of Tempest, Inc. and is Intended for Only Mercy Health Arena. The
Information Shall Not Be Used, Disclosed, Shared or Reproduced, In Whole or In Part, for Any Purpose Other Than Evaluation by Mercy Health Arena
without The Prior Written Consent of Tempest, Inc.
Page 19 of 20
1 year Limited Warranty
Tempest warrants that the entire equipment manufactured and supplied by Tempest shall be free from defects in material, workmanship, and
title for a period of fifteen (15) months from the date of shipment or one (1) year from start-up/acceptance date provided start-up/acceptance is
within 90 days of equipment shipment date. This warranty does not cover the cost of labor beyond the start-up/acceptance period. If equipment
and/or any item manufactured by Tempest shall prove defective in material and/or workmanship, within the warranty period, Buyer shall notify
Tempest in writing of such defect or noncompliance within thirty (30) days of discovery of such defect or noncompliance and Tempest shall, at
its sole discretion, modify, repair, or refund the purchase price of said item. Tempest shall have the option to require that the item be returned
to its factory, or to make such adjustment at the point of installation.
2 Year Limited Warranty - Electrical Control System
Tempest warrants the electrical controls system (excluding wiring and control sensors) to be free from defects in material and workmanship
for a period of two (2) years from the date of shipment. If equipment and/or any item related to electrical controls (i.e. PLC and UMI) provided
with the equipment shall prove defective in material and/or workmanship, within the warranty period, Buyer shall notify Tempest in writing of
such defect or noncompliance within thirty (30) days of discovery of such defect or noncompliance and Tempest shall, at its sole discretion,
modify, repair, or refund the purchase price of said item. Tempest shall have the option to require that the item be returned to its factory, or to
make such adjustment at the point of installation.
3 Year Limited Warranty - Custom Built Chassis and Structural Piping
Tempest warrants the structural integrity of its equipment to be free from defects in material and workmanship for custom built chassis and
piping for a period of three (3) years from the date of shipment. If equipment and/or any item related to structure or piping built by Tempest
shall prove defective in material and/or workmanship, within the warranty period, Buyer shall notify Tempest in writing of such defect or
noncompliance within thirty (30) days of discovery of such defect or noncompliance and Tempest shall, at its sole discretion, modify, repair, or
refund the purchase price of said item. Tempest shall have the option to require that the item be returned to its factory, or to make such
adjustment at the point of installation.
This warranty is conditioned upon the determination of a Tempest authorized representative that the equipment or material is defective and
that the equipment is/has been operating within its originally specified functional and performance requirements agreed upon. This warranty
does not apply to equipment damaged from accident, overload, abuse, misuse, negligence, faulty installation or abrasive or corrosive material,
equipment that has been altered, or equipment repaired by anyone not authorized by Tempest. This warranty applies only to T e m p e s t
equipment installed, operated and maintained in strict accordance with the written specifications and recommendations provided
by Tempest and/or its authorized field personnel.
Tempest, Inc. shall not be responsible for providing working access to the defect, including the removal disassembly, replacement or
reinstallation of any equipment, materials or structures. Adjustments for items of equipment supplied by the Tempest but not manufactured
by Tempest shall be made to extent of any warranty of the manufacturer or supplier thereof. Defective parts shall be returned to us F.O.B. our
factory, and repaired or replacement parts shall be shipped by us F.O.B. our factory. The removal by Buyer of parts returned to us for repair
or replacement and the installation by Buyer of replacement or repaired parts shall be at Buyers expense. No work will be done by us at the
site of the installation unless in our opinion it is impractical for Buyer to remove the defective part and return it to our factory. Repairs,
replacements or adjustments for which we are responsible will be made as promptly as possible within standard working hours. Overtime, if
required, will be paid for by the Buyer. The speed of production or output that are beyond the control of the Tempest and if set forth in the
specifications shall be treated as an estimate. Tempest shall not be responsible for the apparatus if modified, repaired or altered by others.
This warranty becomes null and void at any time TEMPEST, Inc. determines that the equipment has been altered or tampered with in any way
or that the equipment has been subject to neglect, accident, misuse, abuse, improper installation or has been damaged by any casualty. The
foregoing shall be Tempest’s sole and exclusive remedy for any action, whether based on breach of contract or in tort, including negligence.
Warranties specifically excludes any equipment designed by or provided by the Buyer and/or the Buyers agents.
This warranty is exclusive and is offered IN LIEU OF ALL IMPLIED OR STATUTORY WARRANTIES (INCLUDING WITHOUT LIMITATION
WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) OR ANY OTHER EXPRESS OR IMPLIED
WARRANTIES OR REPRESENTATIONS. TEMPEST SHALL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES OR FOR
ANY BREACH OF WARRANTY IN AN AMOUNT EXCEEDING THE ORIGINAL PRICE OF THE EQUIPMENT.
This Proposal Document Contains Proprietary and Confidential Information of Tempest, Inc. and is Intended for Only Mercy Health Arena. The
Information Shall Not Be Used, Disclosed, Shared or Reproduced, In Whole or In Part, for Any Purpose Other Than Evaluation by Mercy Health Arena
without The Prior Written Consent of Tempest, Inc.
Page 20 of 20
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 26, 2021 Title: Contract for Stormwater Management
Review
Submitted By: Leo Evans Department: Engineering
Brief Summary: Staff is requesting approval of an as needed services contract with Eng. to review stormwater
management for development within the city limits.
Detailed Summary: Many of the developments within our city limits are experiencing delays when
working with the county’s water resources office. Staff worked with the Water Resources
Commissioner to discuss alternatives, and all agree that the best option is for city staff to manage
the process moving into the future. Eng., Inc. currently provides stormwater management review
services for the county Water Resources Commissioner so staff requested a proposal from Eng.,
Inc. to provide consistency and experience for future developments. New fees will cover the
expenses to review the projects.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the as needed services contract with Eng., Inc.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
4063 Grand Oak Drive 16930 Robbins Road
With offices in Lansing Suite A109 Suite 105
and Grand Haven Lansing, MI 48911 Grand Haven, MI 49417
engdot.com 517.887.1100 616.743.7070
October 15, 2021
Mr. Leo Evans, PE, Director
Department of Public Works
City of Muskegon
1350 Keating Ave.
Muskegon, MI 49442
RE: Proposal for As-Needed Consulting Engineering Services
Dear Mr. Evans:
Thank you for the opportunity to submit this proposal for As-Needed Consulting Engineering Services for the City
of Muskegon. We understand that general consulting services will be necessary primarily to perform storm water
management reviews in accordance with the Muskegon County Site Development Rules with Procedures and
Design Standards for Stormwater Management and as other situations may arise and require expedited attention.
We have attached a fee schedule outlining billing rates by individual. Ryan C. McEnhill, PE will be the Principal-
in-Charge ensuring adequate resources and staffing, track budgets, and perform Quality Assurance and Quality
Control reviews to ensure a quality deliverable. Joseph W. Westerbeke, PE will be the Project Manager and your
main point of contact. Mr. Westerbeke is a Certified Floodplain Manager and Water Resources expert who has
performed over 50 site plan reviews for storm water management in just the past 10 months in both Muskegon
and Ottawa Counties. Both Ryan and Joe work from the Grand Haven office and are located in close proximity to
the City of Muskegon offices, allowing for a quick response time.
Eng., Inc. requests that you sign this proposal and return it to us if it meets with your approval. By accepting this
proposal, Eng., Inc. understands that the undersigned is authorized to enter into this agreement, and that you
accept the terms and conditions included in the Eng., Inc. Agreement for Engineering and Surveying Services as
modified by the Supplement to the Agreement, both of which are attached to this proposal. If you wish to discuss
the scope of work included in this proposal or the terms and conditions in the Agreement for Engineering and
Surveying Services or its Supplement, please contact us.
We look forward to working with you.
Sincerely,
Eng., Inc.
Ryan C. McEnhill, PE
President
enclosure: Eng. Inc. Graduated Fee Schedule (2021-2024)
Resumes
Eng., Inc. Agreement for Engineering and Surveying Services
Supplement to the Eng., Inc. Agreement for Engineering and Surveying Services
Proposal accepted by City of Muskegon, Leo Evans, PE, Director of Public Works
Leo Evans, PE Date
Eng., Inc.
FEE SCHEDULE
Hourly Rate 2022 Hourly Rate 2023 Hourly Rate 2024
Principals
Ryan McEnhill, PE .................................................... $185 ......................... $190.55 ......................... $196.27
Erik Morris, PE .......................................................... $185 ......................... $190.55 ......................... $196.27
Engineers
Joe Westerbeke, PE ................................................. $120 ......................... $123.60 ......................... $127.31
Mitchel Thelen, PE .................................................... $100 ......................... $103.00 ......................... $106.09
Christopher Harrington .............................................. $100 ......................... $103.00 ......................... $106.09
Jacob Rickner ............................................................. $85 ........................... $87.55 ........................... $90.18
Matthew Frezza ........................................................... $85 ........................... $87.55 ........................... $90.18
Linda Cook .................................................................. $80 ........................... $82.40 ........................... $84.87
Katie Church ............................................................... $80 ........................... $82.40 ........................... $84.87
Stephanie Whitney ...................................................... $80 ........................... $82.40 ........................... $84.87
Sarah Neiser ............................................................... $80 ........................... $82.40 ........................... $84.87
Viola Dagadu ............................................................... $75 ........................... $77.25 ........................... $79.57
CAD Manager
Steve Mayes ............................................................. $115 ......................... $118.45 ......................... $122.00
Survey Manager / Senior Project Engineer
Mike Gazella, PE, PS ................................................ $145 ......................... $149.35 ......................... $153.83
Land Surveying
Tony Sinnaeve ............................................................ $85 ........................... $87.55 ........................... $90.18
Jim Roeger .................................................................. $85 ........................... $87.55 ........................... $90.18
Single Surveyor ......................................................... $110 ......................... $113.30 ......................... $116.70
Two-person crew ...................................................... $165 ......................... $169.95 ......................... $175.05
Three-person crew ................................................... $190 ......................... $195.70 ......................... $201.57
Engineering / CAD / Survey Technician
Scott Smith .................................................................. $80 ........................... $82.40 ........................... $84.87
Juan Martinez .............................................................. $55 ........................... $56.65 ........................... $58.35
Carlos Reyes ............................................................... $55 ........................... $56.65 ........................... $58.35
Public Relations / Community Outreach
Natalie Angst ............................................................... $55 ........................... $56.65 ........................... $58.35
Word Processing / Data Processing
Jan Schneider ............................................................. $55 ........................... $56.65 ........................... $58.35
Expenses: ............................................................................................................................... cost plus 15%
- Laboratory and Testing Fees
- Subcontract Engineering Services
- Title and Database Searches
- Field Supplies
- Maps and Other Government Documents
- Shipping Charges
- Colored Photocopies and Photograph Reproduction
- Certified Mail Charges
- Aerial Photography
Nuclear Density Gauge rental rate ................................................................................ $200 per day
Ryan C. McEnhill, PE
Corporate President
In his nineteen years with Eng., Inc. Mr. McEnhill has gained extensive
experience in the design and construction of road and utility projects
throughout Michigan. Beginning his career in our Lansing, MI office he
quickly became the lead design engineer on municipal engineering projects
including road improvements, bike paths, water distribution systems,
sanitary sewers, and drainage systems. In 2017, he became the manager of
our first branch office in Grand Haven, MI while performing all QA/QC
reviews companywide on municipal projects. In 2019, Mr. McEnhill
became a Principal Partner at Eng., Inc. and currently serves as its President.
Mr. McEnhill’s experience includes recent road reconstruction and utility
projects for the cities of Muskegon, Lansing, Norton Shores, Owosso, and
the Ingham County Road Department. Mr. McEnhill has also worked on
Education
B.S., Civil Engineering, 2004 hundreds of water resources projects for County Drain Commissioners and
Michigan State University Water Resource Commissioners throughout the state of Michigan, including
East Lansing, MI conducting storm water management reviews for several Counties. Mr.
McEnhill is considered an expert in the Water Resources field by his peers.
Undergraduate Studies:
Emphasis in
Representative Projects
Chemical Engineering
Western Michigan University • FY22 STP Waverly Road Major Street Project, City of Lansing, MI
Kalamazoo, MI • Forest Park Road Reconstruction, City of Norton Shores, MI
License
• Grand Haven High School Roadway Design, Grand Haven Area
Michigan Licensed Professional Public Schools
Engineer #56096 • Seminole Road Reconstruction Project, City of Norton Shores, MI
• Black Creek Consolidated Drain, Muskegon County, MI
Certification & Training
EGLE Certified Storm Water
• Park Street Improvement Project, City of Muskegon Heights, MI
Management - Construction Site: • 2019 Safety Project, Padelt & Seminole Crosswalk, City of Norton
A-1j #C-10932 Shores, MI
• 2019 (FY20) HMA & HIP Construction Oversight, City of Norton
EGLE Certified Soil Erosion and
Shores, MI
Sediment Control Agent, Plan
Review & Design: SE/C #01489 • SRF Project No. 4 & No. 10, City of Muskegon, MI
• Frandora Hills Sanitary Sewer Rehabilitation, City of Lansing, MI
Professional Experience • Washington Street Improvements, City of Owosso, MI
2002 – Present: President
Eng., Inc. • 2019 City Sidewalk Construction, Norton Shores, MI
Lansing, MI • Discount Tire, Multiple Sites, Michigan and Ohio
• Ottawa County Water Resources Commissioner – Lovell Park
South Drain Improvements, Ottawa County, MI
• Grand Haven Area Public Schools – Ferry Elementary Playground
Site Survey & Design, Grand Haven MI
• Ribe Drain Bore & Jack, Muskegon County, MI
• 2016 City Street Reconstruction, City of Norton Shores, MI
• 2014 Sanitary Sewer Rehabilitation, City of Lansing, MI
• Mt. Garfield/Davis, Rood & Green Street Reconstruction, City of
Norton Shores, MI
Joseph W. Westerbeke, PE
Project Manager
Joseph Westerbeke is a Project Manager with exceptional experience in
stormwater systems, permitting and Soil Erosion and Control design and
inspection. He is adept in design and analysis of stormwater systems for
roadways, commercial and residential developments, and County Drains.
Additionally, he is proficient in floodplain analysis and mapping,
stormwater feasibility, master plan studies, developing Stormwater Asset
Management Plans for SAW grants, and performing Mass Flow Monitoring
to determine locations of inflow and infiltration in wastewater systems.
Eng. relies on Mr. Westerbeke’s talent and specialty in all engineering
services related to water supply and drainage systems. Although he is new
to our company, his work demonstrates the efficiency, knowledge, and
Education attention to detail that validates the confidence Eng. has placed in his
B.S., Civil Engineering, 2012 performance.
Calvin College
Grand Rapids, MI Representative Projects at Eng.
License • Drafted Updated Storm Water Standards, Barry County Drain
Michigan Licensed Professional Commissioner, Michigan
Engineer #6201064727 • Site Reviews for Stormwater Compliance, Muskegon County and
Ottawa County Water Resources Commissioners
Illinois Licensed Professional
Engineer #062-068603
Representative Projects at Other Professional Design Firms
Certification & Training • I&M Canal Trail & Culvert Restoration, Capital Development
Certified Flood Plain Manager:
#US-17-09976
Board – Utica, Illinois
• Sunset Park Green Infrastructure Basin, City of Middletown, Ohio
EGLE Certified Storm Water • Muirhead Springs Wetland & Stream Mitigation Bank, Forest
Management - Construction Site: Preserve, District of Kane County, Illinois
A-1j #C-20486
• Fairmont Community Drainage Improvements, Will County Land
Professional Activities Use Department – Lockport, Illinois
Michigan Stormwater & • Tri-State Tollway (I-294) Widening & Rehabilitation, Illinois
Floodplain Association Tollway –Franklin Park & Schiller Park, Illinois
Professional Experience
• Erie Street & Mayo Avenue Flood Prone Area Studies, City of
2021 – present: Project Manager Wheaton, Illinois
Eng., Inc. • Downtown Oak Park Watermain &Sewer Improvements, Village of
Grand Haven, MI Oak Park, Illinois
• Downtown Joliet Sanitary & Storm Sewer Improvements, City of
2012 – 2020: Project Engineer and
Water Resources Engineer for Joliet, Illinois
other professional design firms • Melvina Ditch Reservoir Expansion, Metropolitan Water
Reclamation, District of Greater Chicago, Bedford Park &
Burbank, Illinois
• North Mill Creek Channel Restoration, Lake County Forest
Preserves, Antioch, Illinois
• Stormwater Master Plan for Roberts Road Drainage Area,
Metropolitan Water Reclamation District of Greater Chicago –
Justice, Palos Hills, Hickory Hills & Bridgeview, Illinois
AGREEMENT FOR ENGINEERING AND SURVEYING SERVICES
These General Conditions of Service are incorporated into furnished by Client or the Client’s other consultants whether
the foregoing Proposal along with any Supplemental Condi- such consultants are engaged at the request of Eng. or not.
tions of Service or Special Conditions of Service. Together
these documents constitute the Agreement. Client under- 6 SURVEYING, GEOTECHNICAL AND OTHER
stands that the acceptance of the Proposal indicates ac- TESTING
ceptance of the Agreement under which services are to be
Unless expressly agreed to otherwise, all labor, equipment
performed for Client by Eng.
and supplies required to fulfill the scope of work for each pro-
ject will be provided by Eng. When requested by Eng., the
1 DEFINITION OF PARTIES Client will engage other consultants directly to obtain infor-
Eng. includes the company Eng., Inc., including its branch mation necessary for Eng. to fully carry out its duties, such
offices, subsidiaries and affiliates, and all its officers, em- information to include a legal survey of the site, site utilities
ployees, agents, subcontractors, and assignees. Client in- data, geotechnical reports and appropriate test data.
cludes the company, partnership and/or individual who exe-
cute(s) the foregoing proposal, and its/their officers, partners, 7 REVIEW OF DOCUMENTATION
agents, employees and assignees.
The Client will designate in writing a representative to have
authority to transmit instructions to and receive information
2 SCOPE OF WORK from Eng. The Client will promptly review all documentation
The scope of work includes all services specified in the fore- submitted by Eng., and inform Eng. of decisions in time for
going proposal, and other incidental services reasonably the orderly progress of its services and of the work on the
necessary to fulfill the obligations under this Agreement. Ex- Client’s project. The Client will immediately notify Eng.
cept as otherwise noted in this Agreement, or as agreed to in whenever the Client, or the Client’s representative becomes
writing between Eng. and Client, Eng. shall serve as an inde- aware of a defect or deficiency in the work or the contract
pendent contractor to Client, and not as Client's agent. Eng. documents.
shall have control over and be responsible for the means and
methods for providing services under this Agreement. 8 PERMITS AND APPROVALS
Unless otherwise provided in this agreement or explicitly re-
3 CHANGED CONDITIONS quired by legislation, where the work of Eng. is subject to the
Client understands that the scope of work and time schedules approval or review of an authority, department of government,
defined in the Proposal were developed using information or agency other than the Client, preparation of applications
provided to Eng. by Client. If this information is incomplete or for approval or review will be the responsibility of Eng. Un-
inaccurate, or if the site or work conditions vary from those less expressly directed to do otherwise in writing, these appli-
indicated by Client, or if Client directs Eng. to modify the orig- cations will be provided to the Client for the Client’s direct
inal scope of work defined in the Proposal, Eng. shall prepare submittal to the approving or reviewing body. The Client will
and Client shall execute a written amendment to the Agree- obtain all required consents, approvals and licenses and
ment to adjust the costs and/or performance time for the permits from authorities having jurisdiction. The Client will
work. Consent to amendments shall not be unreasonably also arrange and pay for tender advertising and any neces-
withheld. sary legal, financial or insurance counseling services required
for the project.
4 USE OF SUBCONTRACTORS
Eng. and Client understand that irrespective of the assign- 9 JOBSITE SAFETY
ment provisions in Paragraph 27 of this Agreement, Eng. may Eng. is solely responsible for its own employees' activities on
retain subcontractors to perform services customarily per- the jobsite. This statement will not be construed, however, to
formed by subcontractors. relieve the Client and other contractors from their responsibili-
ties for maintaining a safe jobsite.
5 INFORMATION PROVIDED BY CLIENT
The Client agrees that each contractor hired by the Client is
Client will make available to Eng. all relevant information re-
solely responsible for its own personnel's jobsite safety, and
quired by Eng., and will instruct Eng. fully as to Client’s re-
warrants that this intent will be made evident in the Client's
quirements, including design objectives, constraints and crite-
agreements with other contractors.
ria, special equipment and systems, site requirements and
construction budget. Eng. will be entitled to rely upon the
accuracy and completeness of all such information and data
1 July 9, 2013
10 POTENTIAL PROPERTY DAMAGE mission of its report, during which period they will be made
available to Client at all reasonable times.
The Client understands that use of exploration and construc-
tion equipment may cause some damage, and agrees that Any reuse of documents without written verification or adapta-
any repair or site restoration is the Client's responsibility. tion by Eng. for the specific purpose intended will be at the
Client’s sole risk and without liability or legal exposure to
11 BURIED UTILITIES Eng., or to Eng.’s independent professional associates or
The Client will furnish to Eng. information identifying the type consultants and the Client will indemnify and hold harmless
and location of utility lines and other manmade objects be- Eng. and Eng.’s independent professional associates and
neath the site's surface when drilling or digging is required to consultants from all claims, damages, losses and expenses
fulfill the obligation of this agreement. Eng. will take reason- including attorneys’ fees arising out of or resulting therefrom.
able precautions to avoid damaging these manmade objects Any such verification or adaptation will entitle Eng. to further
and will, prior to penetrating the site's surface, furnish to the compensation at rates to be agreed upon by the Client and
Client a plan indicating the locations intended for these pene- Eng.
trations with respect to what Eng. has been told are the loca- All concepts, products or processes produced by or resulting
tions of utilities and other manmade objects beneath the site's from the services rendered by Eng. in connection with the
surface. The Client will approve the location of these pene- project, or which are otherwise developed or first reduced to
trations prior to their being made and the Client will authorize practice by the engineer in the performance or service, and
Eng. to proceed. which are patentable, capable of trademark or otherwise, will
be and remain the property of Eng.
12 BILLINGS AND PAYMENTS
Client shall pay Eng. for services performed in accordance The Client will have a permanent, non-exclusive, royalty-free
with the rates and charges listed in this Agreement and any license to use any concept, product of process, which is pa-
related documents. Invoices will be submitted by Eng. from tentable, capable of trademark or otherwise, produced by or
time to time, but no more frequently than every two weeks, resulting from the services rendered by Eng. in connection
and shall be due and payable within 30 calendar days of in- with the project, for the life of the project, and for no other
voice date. If Client objects to all or any portion of an invoice, purpose or project.
Client shall notify Eng. within 14 calendar days of the invoice
date, identify the cause of disagreement, and pay when due 15 STANDARD OF CARE
that portion of the invoice not in dispute. Services performed by Eng. under this Agreement will be
conducted in a manner consistent with the level of care and
Client shall pay an additional charge of 1.5 percent (or the skill ordinarily exercised by other engineers currently practic-
maximum percentage allowed by law, whichever is lower) of ing in the same locality under similar conditions. No other
the invoiced amount per month for any payment received by
representations, warranties, or guarantees, express or
Eng. more than 30 calendar days from the date of the invoice,
implied, are created by statute or common law, nor ex-
excepting any portion of the invoiced amount in dispute and
tended by rendering consulting services or by furnishing
resolved in favor of Client. Payment thereafter shall first be
applied to accrued interest and then to the principal unpaid any oral or written report, opinion, document or infor-
amount. Payment of invoices is in no case subject to unilat- mation about Eng.'s findings.
eral discounting or set-offs by Client.
16 TRANSFER OF INFORMATION
Application of the percentage rate indicated above as a con- Client and Eng. understand that all work performed under this
sequence of Client's late payments does not constitute any Agreement is for the sole use of Client and to fulfill the pur-
willingness on Eng.'s part to finance Client's operation, and pose of this agreement. Client further agrees that Eng. is not
no such willingness should be inferred. If Client fails to pay responsible for interpretation by others of any reports, opin-
undisputed invoiced amounts within 30 calendar days of the ions, documents or information provided to Client by Eng.,
date of the invoice, Eng. may at any time, without waiving any and Client will indemnify, defend and hold Eng. harmless
other claim against Client and without incurring any liability to from any claim or liability for injury or loss caused by the use
Client, suspend this Agreement, or terminate this Agreement of same by any third parties.
as provided for in Paragraph 24.
17 OPINIONS OF COST
13 RIGHT OF ENTRY
Since Eng. has no control over the cost of labor, materials,
Client shall provide for Eng.'s right to enter from time to time equipment or services furnished by others or over market
property owned by Client and/or others so that Eng. may per- conditions or contractors’ methods of determining their prices,
form services on Client's behalf. Eng.’s opinions of probable Total Project Costs or Construc-
tion Costs represent Eng.’s best judgment as an experienced
14 OWNERSHIP OF DOCUMENTS and qualified professional engineer, familiar with the con-
All reports, boring logs, field data, field notes, laboratory test struction industry, but Eng. does not guarantee that pro-
data, calculations, estimates, specifications, drawings and posals, bids or actual costs will not vary from opinions, evalu-
other instruments of service shall remain the property of Eng. ations or studies submitted by Eng. to the Client hereunder.
Eng. shall retain these records for five years following sub-
2 July 9, 2013
18 LIMITATION ON PROFESSIONAL LIABILITY fined to mean completion of monitoring services as called for
in this Agreement, unless Eng.'s services are terminated ear-
Client agrees to limit any liability of Eng. and its subcontrac-
lier. After four years have passed from the date of substantial
tors which might arise from Eng.'s or its subcontractors' acts,
completion, Client agrees to defend, indemnify and hold Eng.
errors or omissions, such that the aggregate liability of Eng.
harmless from any claim, liability, injury or loss allegedly aris-
and its subcontractors shall not exceed $1,000,000.
ing form Eng.'s failure to perform in accordance with the ap-
Client agrees that each contractor hired by Client is solely plicable standard of care. In addition, Client agrees to com-
responsible for its own negligent acts and warrants that this pensate Eng. for any time spent or expenses incurred in de-
intent shall be made evident in the Client's agreements with fense of any such claim, with compensation to be based upon
other contractors. Client also warrants that in any separate Eng.'s prevailing fee schedule and expense reimbursement
agreements between Client and other contractors working policy.
alongside or in conjunction with Eng. on the jobsite, the other
contractors have been or will be required to limit Eng.'s liabil- 22 ARBITRATION OF DISPUTES
ity to $1,000,000 for any damages these contractors might All claims, disputes, and other matters in question between
suffer. Neither these contractors nor any of their subcontrac- the parties to this Agreement, arising out of or relating to this
tors assumes any liability for damages to others which may Agreement or its breach, shall be decided by arbitration in
arise on account of Eng.'s professional acts, errors or omis- accordance with the then-most current rules of the American
sions, except as otherwise stipulated in this Agreement. Arbitration Association, unless the parties agree otherwise.
19 LIMITATION OF LIABILITY FOR FAILURE TO 23 LEGAL EXPENSE
PROVIDE NOTICE OF HAZARDOUS In the event of a claim against Eng., at law or otherwise, for
CONDITIONS any alleged error, omission or other act arising out of the per-
Eng. may provide services and/or advice intended to protect formance of its services, and to the extent of failure to prove
Client and third parties from exposure to contamination, such claim, the Client shall pay all costs, including attorney's
chemicals, and hazardous substances, or intended to reduce fees, incurred by Eng. in defending itself against the claim.
the possibility of property damage, injury or death. Client
agrees that Eng. is not serving as Client's health and safety 24 TERMINATION OF AGREEMENT
officer, and that Eng. is not expected to identify or anticipate Client or Eng. may terminate this Agreement without penalty
every present or future potentially hazardous condition or upon seven calendar days written notice to the other party,
procedure in the reviewed areas. When Eng. undertakes provided, however, that Client shall be obligated according to
such activities or provides information to a Client, Client the terms of this Agreement for all services performed and
agrees to release, hold harmless and indemnify Eng. for all obligations incurred by Eng. on Client's behalf as of the effec-
costs related to any liability resulting from failing to identify or tive date of termination. When a "lump sum" agreement has
notify Client of known or unknown hazardous conditions or been entered into, Eng.'s termination charges shall include an
procedures, failure to recommend or improperly recommend- allowance for profit lost as a result of termination.
ing methods to reduce or eliminate risk, and/or failing to
check to ensure that hazardous conditions or procedures 25 TERMINATION OF OFFER
identified by Eng. are corrected. The terms of this clause
Unless it is accepted in its entirety, or an extension of the
expressly include, but are not limited to, liability to third per-
time of acceptance is agreed to in writing by Eng., the pro-
sons who will or might rely on information provided by Eng. to
posal to which this Professional Services Agreement is at-
Client.
tached shall terminate at the earliest of (1) 45 days after the
date on the proposal or (2) upon communication to Client
20 LIMITATION OF LIABILITY FOR LOST
notice that the proposal is rescinded or modified.
PROFIT
In no event shall Eng. be liable in contract, tort or otherwise 26 SURVIVAL
for Client's loss of profits, delay damages, or for any special, All obligations arising prior to the termination of this Agree-
incidental, or consequential loss or damage of any nature ment and all provisions of this Agreement allocating respon-
arising at anytime or from any cause whatsoever. sibility or liability between Client and Eng. shall survive the
completion of the services contracted for and the termination
21 BAR TO LEGAL ACTION of the Agreement.
All legal actions by either party against the other for breach of
this Agreement or any addendum to it, or for failure to per- 27 ASSIGNMENT
form in accordance with the applicable standard of care, or Neither party to this Agreement shall assign its duties and
that are essentially based upon such breach or such failure, obligations under this Agreement without the prior written
shall be barred after two years have passed from the time the consent of the other party, except as provided in Para-
claimant knew or should have known of its claim, and under graph 4.
no circumstances shall a legal action be initiated after four
years have passed from the date by which Eng. substantially
completes its services. Substantial completion shall be de-
3 July 9, 2013
28 CHOICE OF LAW AND VENUE
This Agreement shall be governed by the laws of the State of
Michigan. Any action at law or in equity shall be brought in
the courts of the State of Michigan.
29 SEVERABILITY
If any provision in this Agreement is deemed invalid or unen-
forceable, the other provisions of the Agreement shall remain
in full force and effect, and binding upon Client and Eng.
30 SECTION HEADINGS
The heading or title of a section is provided for convenience
and information and does not alter or affect the provisions
included in this Agreement.
4 July 9, 2013
SUPPLEMENT TO THE ENG. AGREEMENT FOR ENGINEERING AND SURVEYING SERVICES
As of October 13, 2021, the Eng. Agreement for Engineering and Surveying Services (Agreement) is
modified according to the following provisions for the duration of the Contract between Eng., Inc.
(Consultant) and the City of Muskegon (Client) for:
As-Needed Consulting Engineering Services
14 OWNERSHIP OF DOCUMENTS section shall be replaced as follows:
14 OWNERSHIP OF INSTRUMENTS OF SERVICE
The Client acknowledges the Consultant’s construction documents, including electronic files, as the work
papers of the Consultant and the Consultant’s instruments of professional service. Nevertheless, upon
completion of the services and payment in full of all monies due to the Consultant, the Client shall
receive ownership of the final construction documents prepared under this Agreement. The Client shall
not reuse or make any modification to the construction documents without the prior written authorization
of the Consultant. The Client agrees, to the fullest extent permitted by law, to defend, indemnify and hold
harmless the Consultant, its officers, directors, employees and subconsultants (collectively, Consultant)
against any damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, arising
from or allegedly arising from or in any way related to or connected with the unauthorized reuse or
modification of the construction documents by the Client or any person or entity that acquires or obtains
the construction documents from or through the Client without the written authorization of the
Consultant.
Under no circumstances shall the transfer of ownership of the Consultant’s drawings, specifications,
electronic files or other instruments of service be deemed a sale by the Consultant, and the Consultant
makes no warranties, either express or implied, of merchantability and fitness for any particular purpose,
nor shall such transfer be construed or regarded as any waiver or other relinquishment of the
Consultant’s copyrights in any of the foregoing, full ownership of which shall remain with the Consultant,
absent the Consultant’s express prior written consent.
23 LEGAL EXPENSE section shall be replaced as follows:
23 INDEMNIFICATION
Section 23 is deleted in its entirety.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/26/2021 Title: Stormwater Management Review Fees
Submitted By: Leo Evans Department: Engineering
Brief Summary: Set the fees for stormwater management review.
Detailed Summary: The stormwater management review fees are used to cover expenses
necessary for the review of proposed development within the City of Muskegon, including but not
limited to: review of development plans and on-site inspections. If the expense to review the
proposed development exceeds the amount of fees collected, the Developer will be responsible for
the payment of all additional costs.
Stormwater Review Base Fee $ 2,000.00
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): to be determined Fund(s) or Account(s):
Recommended Motion: Approve the fees for block parties.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10-26-2021 Title: Brownfield Plan Amendment Public Hearing
- Harbor 31 LLC (Trilogy Senior Housing
Redevelopment Project), 60 Viridian Drive
Submitted By: Peter Wills Department: Economic Development
Brief Summary: To hold a public hearing on the request for a Brownfield Plan Amendment for Harbor 31 LLC
(Trilogy Senior Housing Redevelopment Project) and to consider the attached resolution.
Detailed Summary: Harbor 31 LLC requests a Brownfield Plan Amendment for a portion of the 5-acre site at
60 Viridian Drive, site of the former Teledyne Continental Motors industrial facility. Proposed redevelopment
activities include the construction of an approximately 63,000 square foot multi-story 118-unit senior living
building with surrounding asphalt parking areas, concrete walkways and landscaping. The project will create
a walkable community that provides access to Muskegon Lake, greenspace areas, and downtown
Muskegon.
Total private investment, for this phase, not including property acquisition, is approximately $15M. The
development is expected to start in Spring 2022 and continue through 2023. A revised Planned Unit
Development (PUD) site plan was approved by the City Commission in January. This impactful waterfront
multi-use project is another initiative which is key to the continued redevelopment of our downtown area.
The initial plan includes $4,378,740 in eligible costs. It is a local-only property tax capture plan, although
through statute the plan is eligible for $119,500 for eligible environmental costs captured by state educational
millage through EGLE. The local-only EGLE eligible costs are $920,000 and include $800,000 for due care.
Local only MSF eligible costs are $3,339,240 and include $10,000 demolition, $781,968 site preparation and
$490,000 for infrastructure improvements. The initial capture for phase one is estimated at $598,353 over
the 27 years.
Capture of tax increment revenues for Developer reimbursement is anticipated to commence in 2025 (after
the sunset of the Smart Zone tax abatement for the property) and end in 2049, a total of 27 years. This Plan
Amendment assumes approximately three years of additional capture of tax increment revenues (following
Developer reimbursement) for deposit into a Local Brownfield Revolving Fund, if available.
There is a 15 percent contingency in the plan. A request for 4% interest is included for all accrued and
unreimbursed eligible activities on a yearly basis. There is an annual $10,000 administrative fee paid to the
BRA.
In addition, the City has recently secured a State enhancement grant of $2.3M to be used to remediate
contaminated soil and mitigate adjacent wetlands on site. A soil cap will be installed over the site to prevent
human and animal interaction with previously impacted soils.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To close the public hearing and approve the Brownfield Plan Amendment for Harbor
31 LLC (Trilogy Senior Housing Redevelopment Project at Harbor 31) at 60 Viridian Drive with the attached
resolution, authorizing the Mayor and City Clerk to sign.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT
Harbor 31 LLC 60 Viridian Drive
(Trilogy Senior Housing Redevelopment Project at Harbor 31)
City of Muskegon
County of Muskegon, Michigan
Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the “City”), held in the City Commission Chambers on the 26th day of
October, 2021 at 5:30 p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by Commissioner
___________________ and supported by Commissioner __________________.
WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996,
as amended (“Act 381”), the City of Muskegon Brownfield Redevelopment Authority (the
“Authority”) has prepared and approved a Brownfield Plan Amendment to add Harbor 31 LLC,
60 Viridian Drive; and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to the City
Commission requesting its approval of the Brownfield Plan Amendment; and
WHEREAS, the City Commission has provided notice and a reasonable opportunity to
the taxing jurisdictions levying taxes subject to capture to express their views and
recommendations regarding the Brownfield Plan Amendment, as required by Act 381; and
WHEREAS, not less than 10 days has passed since the City Commission provided
notice of the proposed Brownfield Plan to the taxing units; and
WHEREAS, the City Commission held a public hearing on the proposed Brownfield Plan
on October 26, 2021.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. That the Brownfield Plan constitutes a public purpose under Act 381.
2. That the Brownfield Plan meets all the requirements of Section 13(1) of Act 381.
3. That the proposed method of financing the costs of the eligible activities, as identified
in the Brownfield Plan and defined in Act 381, is feasible and the Authority has the
authority to arrange the financing.
4. That the costs of the eligible activities proposed in the Brownfield Plan are
reasonable and necessary to carry out the purposes of Act 381.
5. That the amount of captured taxable value estimated to result from the adoption of
the Brownfield Plan is reasonable.
6. That the Brownfield Plan in the form presented is approved and is effective
immediately.
7. That all resolutions or parts of resolutions in conflict herewith shall be and the same
are hereby rescinded.
Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute
all documents necessary or appropriate to implement the provisions of the Brownfield Plan.
AYES:
NAYS:
RESOLUTION DECLARED APPROVED.
Ann Marie Meisch, City Clerk
Stephen J Gawron, Mayor
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on October 26, 2021 and that said meeting was conducted and public
notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act,
being Act 267, Public Acts of Michigan, 1976, as amended, and altered under Michigan
Governor’s Executive Order 2020-75 (COVID-19) and that the minutes of said meeting were
kept and will be or have been made available as required by said Act.
Ann Marie Meisch, City Clerk
City of Muskegon
Brownfield Redevelopment Authority
Brownfield Plan Amendment for the
Trilogy Senior Housing Redevelopment Project at Harbor 31
60 Viridian Drive
Muskegon, Michigan
Approved by the City of Muskegon Brownfield Redevelopment Authority
Approved by the City of Muskegon Board of Commissioners
Prepared with the assistance of:
Fishbeck
1515 Arboretum Drive SE
Grand Rapids, Michigan 49546
616-464-3876
Table of Contents Fishbeck | Page i
1.0 Introduction ...................................................................................................................................................1
1.1 Proposed Redevelopment and Future Use for the Eligible Property ................................................1
1.2 Eligible Property Information ............................................................................................................1
2.0 Information Required by Section 13(2) of the Statute ...................................................................................2
2.1 Description of Costs to Be Paid for With Tax Increment Revenues ..................................................2
2.2 Summary of Eligible Activities ...........................................................................................................3
2.3 Estimate of Captured Taxable Value and Tax Increment Revenues ..................................................4
2.4 Maximum Amount of Note or Bonded Indebtedness .......................................................................4
2.5 Duration of Brownfield Plan..............................................................................................................4
2.6 Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdiction ..........................5
2.7 Legal Description, Property Map, Statement of Qualifying Characteristics and Personal Property..5
2.8 Estimates of Residents and Displacement of Individuals/Families....................................................5
2.9 Plan for Relocation of Displaced Persons..........................................................................................5
2.10 Provisions for Relocation Costs .........................................................................................................5
2.11 Strategy for Compliance with Michigan’s Relocation Assistance Law...............................................5
2.12 Other Material that the Authority or Governing Body Considers Pertinent .....................................5
List of Figures
Figure 1 – Location Map
Figure 2 – Site Layout Map
Figure 3- Previous Sampling Locations Map
List of Tables
Table 2 – Tax Increment Revenue Capture
Table 3 – Tax Increment Revenue Reimbursement Allocation
List of Attachments
Attachment A Brownfield Plan Amendment Resolution(s)
Attachment B Conceptual Renderings
Attachment C Environmental Data Tables and Map
Attachment D Reimbursement Agreement
October 5, 2021 Fishbeck | Page 1
1.0 Introduction
The City of Muskegon Brownfield Redevelopment Authority (the “Authority” or MBRA) was established by the City
of Muskegon pursuant to the Brownfield Redevelopment Financing Act, Michigan Public Act 381 of 1996, as
amended (“Act 381”). The primary purpose of Act 381 is to encourage the redevelopment of eligible property by
providing economic development incentives through tax increment financing for certain eligible properties.
This Brownfield Plan Amendment (“Plan Amendment”) serves as an amendment to the City of Muskegon’s
existing Brownfield Plan, allowing inclusion of the eligible property described in Sections 1.1 and 1.2 below.
Incorporation of eligible property into the City’s Brownfield Plan permits the use of tax increment financing to
reimburse Ryerson Creek Land Co., LLC (“Developer”) for the cost of eligible activities required to redevelop the
eligible property. See Attachment A for copies of Plan Amendment resolutions.
1.1 Proposed Redevelopment and Future Use for the Eligible Property
The Developer is proposing to redevelop a portion of the former Continental Motors industrial site located at 60
Viridian Drive, Muskegon, Michigan (the “Property”). Proposed redevelopment activities include the construction
of an approximately 63,000 square foot multi-story senior housing building with surrounding asphalt parking
areas, concrete walkways and landscaping (the “Project”). The Project will create a walkable community that
provides access to Muskegon Lake, greenspace areas, and downtown Muskegon. Sustainable development
concepts are proposed throughout the Project including green building techniques and low-impact development
stormwater management. Total private investment, not including property acquisition, is approximately
$15,000,000. The development will create approximately 10-20 new jobs (office and maintenance). Project
renderings are provided as Attachment B.
The development is expected to start in Spring 2022 and continue through 2023.
1.2 Eligible Property Information
The approximately 5-acre Property is located in downtown Muskegon along the south shore of Muskegon Lake.
The Property has been historically utilized for industrial purposes dating back to the 1800s. Based on a Phase II
Environmental Site Assessment (ESA) completed in 2018 and historical environmental investigations conducted
over the past 25 years, these past industrial uses have resulted in widespread contamination across the Property.
Known contaminants in the soil with concentrations exceeding Michigan Department of Environment, Great
Lakes, and Energy (EGLE) Part 201 Generic Residential Cleanup Criteria (GRCC) include heavy metals and volatile
organic compound (VOCs). Groundwater contaminants with concentrations identified above Part 201 GRCC
consist of VOCs.
The Developer did not cause the contamination and completed a Baseline Environmental Assessment (BEA) in
accordance with Part 201 of the Natural Resources and Environmental Protect Act, 1995 PA 451, as amended
(NREPA).
Given the known contamination, the Property is a “facility” pursuant to Part 201 of NREPA. As such, it is
considered an “eligible property” as defined by the Michigan Redevelopment Financing Act, Act 381 of 1996.
Maps depicting the location and layout of the Property are attached as Figures 1 and 2. Environmental data
tables and figure showing the locations of soil and groundwater contamination are provided in Attachment C and
Figure 3, respectively.
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2.0 Information Required by Section 13(2) of the Statute
2.1 Description of Costs to Be Paid for With Tax Increment Revenues
Act 381 provides pre-approval for certain activities that have been conducted at the Property. Additional activities
require BRA approval for reimbursement from local, school operating, and state education taxes. Tax increment
revenues will be used to reimburse the Developer for the following eligible activities.
Tables 1a, 1b and 1c below provide an eligible activity cost summary for the Project.
Table 1a-Summary of Eligible Activity Costs
EGLE Eligible Activities Estimated Cost
Department Specific Activities
1. Pre-Approved Sub-Total
a. Site Assessment and BEA Activities $50,000
b. Due Care Planning $50,000
c. Documentation of Due Care Compliance $2,500
d. Health and Safety Plan/Soil Management Plan $7,000
EGLE Eligible Activities Sub-Total $109,500
Brownfield Plan Amendment $5,000
Brownfield Plan Amendment Implementation $5,000
EGLE ELIGIBLE ACTIVITIES TOTAL COST $119,500
Table 1b-Summary of Eligible Activity Costs
Local Only EGLE Environmental Eligible Activities Estimated Cost
2. Due Care (Sub-Total) $800,000
a. Volatilization to Indoor Air Mitigation $300,000
b. Engineered Barriers $350,000
c. Dewatering $150,000
Local Only EGLE Eligible Activities Sub-Total $800,000
Contingency- EGLE Environmental Eligible Activities (15%) $120,000
Local Only EGLE ELIGIBLE ACTIVITIES TOTAL COST $920,000
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Table 1c-Summary of Eligible Activity Costs
Local Only MSF Eligible Activities Estimated Cost
3. Demolition (Sub-Total) $10,000
4. Public Infrastructure Improvement (Sub-Total) $490,000
a. Water Mains $70,000
b. Sanitary Sewer Mains $45,000
c. Storm Sewer $170,000
d. City Roadway Reconfiguration $205,000
5. Site Preparation (Sub-Total) $781,968
a. Clearing and Grubbing $5,000
b. Geotechnical Engineering & Investigation $105,000
c. Grading and Land Balancing $671,968
Local only MSF Eligible Activities Sub-Total $1,281,968
Contingency- MSF Non-Environmental Eligible Activities (15%) $192,295
Interest (4%)* $1,864,977
LOCAL ONLY MSF ELIGIBLE ACTIVITIES TOTAL COST $3,339,240
*Interest calculated yearly based on eligible activity costs accrued
Total EGLE and local only environmental and MSF eligible activities costs is $4,378,740
2.2 Summary of Eligible Activities
Eligible activities as defined by Act 381 and included in this Plan Amendment consist of the following:
Pre-Approved Department Specific Activities: These activities are permitted to occur prior to Plan Amendment
approval. Preparation of a Phase I ESA, BEA and due care documents are necessary to protect the new Property
owner/Developer from cleanup liability for environmental contamination. Additional due care assessment and/or
planning activities are anticipated, including but not limited to preparation of a soil management plan, health and
safety plan, mercury soil gas testing and incremental soil sampling to determine direct contact obligations. Pre-
approved activities can be reimbursed from state school and local tax increment revenues.
Due Care Activities: Due care activities will include implementation of a vapor intrusion mitigation system, as
applicable, to prevent unacceptable exposures to potential indoor air inhalation concerns. Engineered barriers
will be utilized to protect against any potential direct contact concerns related to known contamination, if
necessary. During construction activities, dewatering may be necessary. Contaminated groundwater will be
properly managed to comply with due care. Due care costs will include environmental consultant oversight and
management.
Demolition: Select Site demolition will be necessary to facilitate safe redevelopment and reuse of the Property.
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Infrastructure Improvements: Infrastructure improvements include water, sanitary sewer and stormwater main
upgrades. Costs will include oversight, management, and professional fees associated with these activities.
Site Preparation: Site preparation is expected to include clearing and grubbing, geotechnical engineering, grading
and land-balancing, engineered fill import and placement and temporary erosion control. Costs will include
oversight, management, and professional fees associated with these activities.
Contingency: A 15% is included for all eligible activities not already completed to accommodate unexpected
conditions encountered during the project.
Plan Amendment Preparation and Implementation: This Plan Amendment was required for authorization of
reimbursement to the Developer from tax increment revenues under Public Act 381 of 1996, as amended.
Implementation tasks include, but are not limited to the following: tracking contractor invoices, obtaining proof of
payment, reviewing eligible activity expenses, and submitting reimbursement documentation to the City for
processing.
Interest: 4% interest is included for all accrued and unreimbursed eligible activity on a yearly basis.
2.3 Estimate of Captured Taxable Value and Tax Increment Revenues
For the purposes of this Plan Amendment, the taxable value base year is 2021. The 2021 taxable value of the
eligible property is $246,100. After completion of the development, the taxable value is estimated at $5,250,000.
This Plan Amendment assumes a 1.5% annual increase in the taxable value of the eligible property. Initial capture
is anticipated to begin in 2026 (after the sunset of the Smart Zone tax abatement for the property in 2025).
The estimated captured taxable value for the redevelopment by year and in aggregate for each taxing jurisdiction
is depicted in tabular form (Table 2: Tax Increment Revenue Capture). Actual taxable values and tax increment
revenues may vary year to year based on economic and market conditions, tax incentives, building additions, and
property improvements, among other factors.
A summary of the estimated reimbursement schedule by year and in aggregate is presented as Table 3: Tax
Increment Revenue Reimbursement Allocation.
Method of Financing and Description of Advances Made by the Municipality
The cost of the eligible activities included in this Plan Amendment will be paid for by the Developer. The
Developer will seek reimbursement for eligible activity costs through capture of available local and state (as
applicable) tax increment revenues as permitted by Act 381. Refer to Attachment D for a copy of the
Reimbursement Agreement.
2.4 Maximum Amount of Note or Bonded Indebtedness
Bonds will not be issued for this Project.
2.5 Duration of Brownfield Plan
Capture of tax increment revenues for Developer reimbursement is anticipated to commence in 2025 and end in
2049, a total of 27 years. This Plan Amendment assumes approximately three years of additional capture of tax
increment revenues (following Developer reimbursement) for deposit into a Local Brownfield Revolving Fund, if
available.
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2.6 Estimated Impact of Tax Increment Financing on Revenues of Taxing
Jurisdiction
The estimated amount of tax increment revenues to be captured for this redevelopment from each taxing
jurisdiction by year and in aggregate is presented in Tables 2 and 3.
2.7 Legal Description, Property Map, Statement of Qualifying Characteristics and
Personal Property
• The legal description is as follows:
60 Viridian Drive
CITY OF MUSKEGON LAKESHORE SMARTZONE UNIT O SBJT TO ELECTRIC ESMT REC L/P 3591/578 SBJT TO
ELECTIC EASEMENT REC L/P 3630/646
• The Property layout is depicted on Figure 2.
• The Property is considered an “eligible property” as defined by Act 381 because the Property is a facility
pursuant to Part 201. Facility verification is included in Attachment C.
• New personal property added to the Property is included as part of the Eligible Property to the extent it is
taxable.
2.8 Estimates of Residents and Displacement of Individuals/Families
No residents or families will be displaced because of the Project.
2.9 Plan for Relocation of Displaced Persons
Not applicable.
2.10 Provisions for Relocation Costs
Not applicable.
2.11 Strategy for Compliance with Michigan’s Relocation Assistance Law
Not applicable.
2.12 Other Material that the Authority or Governing Body Considers Pertinent
The Project will significantly improve the Muskegon Lake shoreline through revitalization of Property once used
for industrial purposes. The senior housing living center is part of a larger developer that will increase the City’s
tax base, bring new permanent residences to the City of Muskegon, create new jobs and increase the local
workforce.
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Figure 1
Location Map
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Muskegon East, Michigan 7.5 Minute Quadrangle Map
(Published 1972; Photoinspected 1980)
N
SITE
SCALE 1:24000 (1”=2,000’)
1 ½ 0 1 Mile
CONTOUR INTERVAL 10 FEET
Site Boundaries Shown are Approximate
Topographic Map Figure 1
Vacant Commercial Property
60 Viridian Drive (Lot O)
Muskegon, Michigan 49440
SES Project 2020-845
Figure 2
Site Layout Map
Table 2
Tax Increment Revenue Capture
Table 2- Estimate of Total Incremental Taxes Available for Capture 1 of 3
Trilogy at Harbor 31, Muskegon, Muskegon County, Michigan
Estimated Taxable Value (TV) Increase Rate: 1.5%
Plan Year 1 2 3 4 5 6 7 8 9 10 11
Calendar Year 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032
Base Taxable Value $ 246,100 $ 246,100 $ 246,100 $ 246,100 $ 246,100 $ 246,100 $ 246,100 $ 246,100 $ 246,100 $ 246,100 $ 246,100 $ 246,100
Estimated New TV $ - $ 1,050,000 $ 5,250,000 $ 5,328,750 $ 5,408,681 $ 5,489,811 $ 5,572,159 $ 5,655,741 $ 5,740,577 $ 5,826,686 $ 5,914,086 $ 6,002,797
1
Incremental Difference (New TV - Base TV) $ - $ 803,900 $ 5,003,900 $ 5,082,650 $ 5,162,581 $ 5,243,711 $ 5,326,059 $ 5,409,641 $ 5,494,477 $ 5,580,586 $ 5,667,986 $ 5,756,697
School Capture Millage Rate
State Education Tax (SET) 6.00000 $ - $ 4,823 $ 30,023 $ 30,496 $ 30,975 $ 31,462 $ 31,956 $ 32,458 $ 32,967 $ 33,484 $ 34,008 $ 34,540
School Operating Tax 17.98380 $ - $ 14,457 $ 89,989 $ 91,405 $ 92,843 $ 94,302 $ 95,783 $ 97,286 $ 98,812 $ 100,360 $ 101,932 $ 103,527
School Total 23.9838 $ - $ 19,281 $ 120,013 $ 121,901 $ 123,818 $ 125,764 $ 127,739 $ 129,744 $ 131,778 $ 133,844 $ 135,940 $ 138,067
Local Capture Millage Rate
County Museum 0.32200 $ - $ 259 $ 1,611 $ 1,637 $ 1,662 $ 1,688 $ 1,715 $ 1,742 $ 1,769 $ 1,797 $ 1,825 $ 1,854
County Veterans 0.07150 $ - $ 57 $ 358 $ 363 $ 369 $ 375 $ 381 $ 387 $ 393 $ 399 $ 405 $ 412
Senior Citzens Services 0.49990 $ - $ 402 $ 2,501 $ 2,541 $ 2,581 $ 2,621 $ 2,662 $ 2,704 $ 2,747 $ 2,790 $ 2,833 $ 2,878
Central Dispatch 0.29999 $ - $ 241 $ 1,501 $ 1,525 $ 1,549 $ 1,573 $ 1,598 $ 1,623 $ 1,648 $ 1,674 $ 1,700 $ 1,727
Community College 2.20340 $ - $ 1,771 $ 11,026 $ 11,199 $ 11,375 $ 11,554 $ 11,735 $ 11,920 $ 12,107 $ 12,296 $ 12,489 $ 12,684
M.A.I.S.D 4.75410 $ - $ 3,822 $ 23,789 $ 24,163 $ 24,543 $ 24,929 $ 25,321 $ 25,718 $ 26,121 $ 26,531 $ 26,946 $ 27,368
City Operating 10.07540 $ - $ 8,100 $ 50,416 $ 51,210 $ 52,015 $ 52,832 $ 53,662 $ 54,504 $ 55,359 $ 56,227 $ 57,107 $ 58,001
City Sanitation 2.99790 $ - $ 2,410 $ 15,001 $ 15,237 $ 15,477 $ 15,720 $ 15,967 $ 16,218 $ 16,472 $ 16,730 $ 16,992 $ 17,258
Hackley Library 2.39970 $ - $ 1,929 $ 12,008 $ 12,197 $ 12,389 $ 12,583 $ 12,781 $ 12,982 $ 13,185 $ 13,392 $ 13,601 $ 13,814
MPS Sinking 0.99810 $ - $ 802 $ 4,994 $ 5,073 $ 5,153 $ 5,234 $ 5,316 $ 5,399 $ 5,484 $ 5,570 $ 5,657 $ 5,746
County Operating 5.69780 $ - $ 4,580 $ 28,511 $ 28,960 $ 29,415 $ 29,878 $ 30,347 $ 30,823 $ 31,306 $ 31,797 $ 32,295 $ 32,801
Local Total 30.3198 $ - $ 24,374 $ 151,717 $ 154,105 $ 156,528 $ 158,988 $ 161,485 $ 164,019 $ 166,591 $ 169,202 $ 171,852 $ 174,542
Non-Capturable Millages Millage Rate
Community College Debt 0.34000 $ - $ 273 $ 1,701 $ 1,728 $ 1,755 $ 1,783 $ 1,811 $ 1,839 $ 1,868 $ 1,897 $ 1,927 $ 1,957
Hackley Debt 0.45320 $ - $ 364 $ 2,268 $ 2,303 $ 2,340 $ 2,376 $ 2,414 $ 2,452 $ 2,490 $ 2,529 $ 2,569 $ 2,609
MPS Debt - 1995 3.86000 $ - $ 3,103 $ 19,315 $ 19,619 $ 19,928 $ 20,241 $ 20,559 $ 20,881 $ 21,209 $ 21,541 $ 21,878 $ 22,221
MPS Debt - 2009 3.50000 $ - $ 2,814 $ 17,514 $ 17,789 $ 18,069 $ 18,353 $ 18,641 $ 18,934 $ 19,231 $ 19,532 $ 19,838 $ 20,148
Total Non-Capturable Taxes 8.1532 $ - $ 6,554 $ 40,798 $ 41,440 $ 42,092 $ 42,753 $ 43,424 $ 44,106 $ 44,798 $ 45,500 $ 46,212 $ 46,936
Total Tax Increment Revenue (TIR) Available for Capture $ - $ 43,655 $ 271,730 $ 276,006 $ 280,347 $ 284,752 $ 289,224 $ 293,763 $ 298,370 $ 303,046 $ 307,792 $ 312,609
Note-
For the purpose of Table 2 the new taxable
value is estimated based on 35% of a total
overal investment of $15,000,000 divided
over the two years estimated for construction
of the project
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Table 2- Estimate of Total Incremental Taxes Available for Capture 2 of 3
Trilogy at Harbor 31, Muskegon, Muskegon County, Michigan
Estimated Taxable Value (TV) Increase Rate:
Plan Year 12 13 14 15 16 17 18 19 20 21 22 23 24
Calendar Year 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045
Base Taxable Value $ 246,100 $ 246,100 $ 246,100 $ 246,100 $ 246,100 $ 246,100 $ 246,100 $ 246,100 $ 246,100 $ 246,100 $ 246,100 $ 246,100 $ 246,100
Estimated New TV $ 6,092,839 $ 6,184,232 $ 6,276,995 $ 6,371,150 $ 6,466,718 $ 6,563,718 $ 6,662,174 $ 6,762,107 $ 6,863,538 $ 6,966,491 $ 7,070,989 $ 7,177,054 $ 7,284,709
1
Incremental Difference (New TV - Base TV) $ 5,846,739 $ 5,938,132 $ 6,030,895 $ 6,125,050 $ 6,220,618 $ 6,317,618 $ 6,416,074 $ 6,516,007 $ 6,617,438 $ 6,720,391 $ 6,824,889 $ 6,930,954 $ 7,038,609
School Capture Millage Rate
State Education Tax (SET) 6.00000 $ 35,080 $ 35,629 $ 36,185 $ 36,750 $ 37,324 $ 37,906 $ 38,496 $ 39,096 $ 39,705 $ 40,322 $ 40,949 $ 41,586 $ 42,232
School Operating Tax 17.98380 $ 105,147 $ 106,790 $ 108,458 $ 110,152 $ 111,870 $ 113,615 $ 115,385 $ 117,183 $ 119,007 $ 120,858 $ 122,737 $ 124,645 $ 126,581
School Total 23.9838 $ 140,227 $ 142,419 $ 144,644 $ 146,902 $ 149,194 $ 151,520 $ 153,882 $ 156,279 $ 158,711 $ 161,181 $ 163,687 $ 166,231 $ 168,813
Local Capture Millage Rate
County Museum 0.32200 $ 1,883 $ 1,912 $ 1,942 $ 1,972 $ 2,003 $ 2,034 $ 2,066 $ 2,098 $ 2,131 $ 2,164 $ 2,198 $ 2,232 $ 2,266
County Veterans 0.07150 $ 418 $ 425 $ 431 $ 438 $ 445 $ 452 $ 459 $ 466 $ 473 $ 481 $ 488 $ 496 $ 503
Senior Citzens Services 0.49990 $ 2,923 $ 2,968 $ 3,015 $ 3,062 $ 3,110 $ 3,158 $ 3,207 $ 3,257 $ 3,308 $ 3,360 $ 3,412 $ 3,465 $ 3,519
Central Dispatch 0.29999 $ 1,754 $ 1,781 $ 1,809 $ 1,837 $ 1,866 $ 1,895 $ 1,925 $ 1,955 $ 1,985 $ 2,016 $ 2,047 $ 2,079 $ 2,112
Community College 2.20340 $ 12,883 $ 13,084 $ 13,288 $ 13,496 $ 13,707 $ 13,920 $ 14,137 $ 14,357 $ 14,581 $ 14,808 $ 15,038 $ 15,272 $ 15,509
M.A.I.S.D 4.75410 $ 27,796 $ 28,230 $ 28,671 $ 29,119 $ 29,573 $ 30,035 $ 30,503 $ 30,978 $ 31,460 $ 31,949 $ 32,446 $ 32,950 $ 33,462
City Operating 10.07540 $ 58,908 $ 59,829 $ 60,764 $ 61,712 $ 62,675 $ 63,653 $ 64,645 $ 65,651 $ 66,673 $ 67,711 $ 68,763 $ 69,832 $ 70,917
City Sanitation 2.99790 $ 17,528 $ 17,802 $ 18,080 $ 18,362 $ 18,649 $ 18,940 $ 19,235 $ 19,534 $ 19,838 $ 20,147 $ 20,460 $ 20,778 $ 21,101
Hackley Library 2.39970 $ 14,030 $ 14,250 $ 14,472 $ 14,698 $ 14,928 $ 15,160 $ 15,397 $ 15,636 $ 15,880 $ 16,127 $ 16,378 $ 16,632 $ 16,891
MPS Sinking 0.99810 $ 5,836 $ 5,927 $ 6,019 $ 6,113 $ 6,209 $ 6,306 $ 6,404 $ 6,504 $ 6,605 $ 6,708 $ 6,812 $ 6,918 $ 7,025
County Operating 5.69780 $ 33,314 $ 33,834 $ 34,363 $ 34,899 $ 35,444 $ 35,997 $ 36,558 $ 37,127 $ 37,705 $ 38,291 $ 38,887 $ 39,491 $ 40,105
Local Total 30.3198 $ 177,272 $ 180,043 $ 182,855 $ 185,710 $ 188,608 $ 191,549 $ 194,534 $ 197,564 $ 200,639 $ 203,761 $ 206,929 $ 210,145 $ 213,409
Non-Capturable Millages Millage Rate
Community College Debt 0.34000 $ 1,988 $ 2,019 $ 2,051 $ 2,083 $ 2,115 $ 2,148 $ 2,181 $ 2,215 $ 2,250 $ 2,285 $ 2,320 $ 2,357 $ 2,393
Hackley Debt 0.45320 $ 2,650 $ 2,691 $ 2,733 $ 2,776 $ 2,819 $ 2,863 $ 2,908 $ 2,953 $ 2,999 $ 3,046 $ 3,093 $ 3,141 $ 3,190
MPS Debt - 1995 3.86000 $ 22,568 $ 22,921 $ 23,279 $ 23,643 $ 24,012 $ 24,386 $ 24,766 $ 25,152 $ 25,543 $ 25,941 $ 26,344 $ 26,753 $ 27,169
MPS Debt - 2009 3.50000 $ 20,464 $ 20,783 $ 21,108 $ 21,438 $ 21,772 $ 22,112 $ 22,456 $ 22,806 $ 23,161 $ 23,521 $ 23,887 $ 24,258 $ 24,635
Total Non-Capturable Taxes 8.1532 $ 47,670 $ 48,415 $ 49,171 $ 49,939 $ 50,718 $ 51,509 $ 52,312 $ 53,126 $ 53,953 $ 54,793 $ 55,645 $ 56,509 $ 57,387
Total Tax Increment Revenue (TIR) Available for Capture $ 317,499 $ 322,462 $ 327,499 $ 332,612 $ 337,802 $ 343,069 $ 348,416 $ 353,843 $ 359,351 $ 364,941 $ 370,616 $ 376,376 $ 382,222
Note-
For the purpose of Table 2 the new taxable
value is estimated based on 35% of a total
overal investment of $15,000,000 divided
over the two years estimated for construction
of the project
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Table 2- Estimate of Total Incremental Taxes Available for Capture 3 of 3
Trilogy at Harbor 31, Muskegon, Muskegon County, Michigan
Estimated Taxable Value (TV) Increase Rate:
Plan Year 25 26 27 28 29 30 TOTAL
Calendar Year 2046 2047 2048 2049 2050 2051
Base Taxable Value $ 246,100 $ 246,100 $ 246,100 $ 246,100 $ 246,100 $ 246,100 $ -
Estimated New TV $ 7,393,980 $ 7,504,890 $ 7,617,463 $ 7,731,725 $ 7,847,701 $ 7,965,416 $ -
1
Incremental Difference (New TV - Base TV) $ 7,147,880 $ 7,258,790 $ 7,371,363 $ 7,485,625 $ 7,601,601 $ 7,719,316 $ -
School Capture Millage Rate
State Education Tax (SET) 6.00000 $ 42,887 $ 43,553 $ 44,228 $ 44,914 $ 45,610 $ 46,316 $ 1,095,961
School Operating Tax 17.98380 $ 128,546 $ 130,541 $ 132,565 $ 134,620 $ 136,706 $ 138,823 $ 3,284,924
School Total 23.9838 $ 171,433 $ 174,093 $ 176,793 $ 179,534 $ 182,315 $ 185,139 $ 4,380,885
Local Capture Millage Rate
County Museum 0.32200 $ 2,302 $ 2,337 $ 2,374 $ 2,410 $ 2,448 $ 2,486 $ 58,817
County Veterans 0.07150 $ 511 $ 519 $ 527 $ 535 $ 544 $ 552 $ 13,060
Senior Citzens Services 0.49990 $ 3,573 $ 3,629 $ 3,685 $ 3,742 $ 3,800 $ 3,859 $ 91,312
Central Dispatch 0.29999 $ 2,144 $ 2,178 $ 2,211 $ 2,246 $ 2,280 $ 2,316 $ 54,796
Community College 2.20340 $ 15,750 $ 15,994 $ 16,242 $ 16,494 $ 16,749 $ 17,009 $ 402,473
M.A.I.S.D 4.75410 $ 33,982 $ 34,509 $ 35,044 $ 35,587 $ 36,139 $ 36,698 $ 868,385
City Operating 10.07540 $ 72,018 $ 73,135 $ 74,269 $ 75,421 $ 76,589 $ 77,775 $ 1,840,374
City Sanitation 2.99790 $ 21,429 $ 21,761 $ 22,099 $ 22,441 $ 22,789 $ 23,142 $ 547,597
Hackley Library 2.39970 $ 17,153 $ 17,419 $ 17,689 $ 17,963 $ 18,242 $ 18,524 $ 438,330
MPS Sinking 0.99810 $ 7,134 $ 7,245 $ 7,357 $ 7,471 $ 7,587 $ 7,705 $ 182,313
County Operating 5.69780 $ 40,727 $ 41,359 $ 42,001 $ 42,652 $ 43,312 $ 43,983 $ 1,040,761
Local Total 30.3198 $ 216,722 $ 220,085 $ 223,498 $ 226,963 $ 230,479 $ 234,048 $ 5,538,218
Non-Capturable Millages Millage Rate
Community College Debt 0.34000 $ 2,430 $ 2,468 $ 2,506 $ 2,545 $ 2,585 $ 2,625 $ 62,104
Hackley Debt 0.45320 $ 3,239 $ 3,290 $ 3,341 $ 3,392 $ 3,445 $ 3,498 $ 82,782
MPS Debt - 1995 3.86000 $ 27,591 $ 28,019 $ 28,453 $ 28,895 $ 29,342 $ 29,797 $ 705,068
MPS Debt - 2009 3.50000 $ 25,018 $ 25,406 $ 25,800 $ 26,200 $ 26,606 $ 27,018 $ 639,311
Total Non-Capturable Taxes 8.1532 $ 58,278 $ 59,182 $ 60,100 $ 61,032 $ 61,977 $ 62,937 $ 1,489,265
Total Tax Increment Revenue (TIR) Available for Capture $ 388,156 $ 394,178 $ 400,291 $ 406,496 $ 412,794 $ 419,187 $ 9,919,103
Note-
For the purpose of Table 2 the new taxable
value is estimated based on 35% of a total
overal investment of $15,000,000 divided
over the two years estimated for construction
of the project
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Table 3
Tax Increment Revenue Reimbursement Allocation
Table 3 - Estimate of Total Incremental Taxes Available for Reimbursement 1 of 2
Trilogy at Harbor 31, Muskegon, Muskegon County, Michigan
Developer
Maximum School &
Reimbursement Local Taxes
State $ 59,750
Local 4,318,990 Estimated Years of Capture: 30 years (including 2 years of LBRF capture)
TOTAL $ 4,378,740
EGLE N/A
MSF N/A
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038
Total State Incremental Revenue $ - $ 19,281 $ 120,013 $ 121,901 $ 123,818 $ 125,764 $ 127,739 $ 129,744 $ 131,778 $ 133,844 $ 135,940 $ 138,067 $ 140,227 $ 142,419 $ 144,644 $ 146,902 $ 149,194 $ 151,520
State Brownfield Redevelopment Fund (50% of SET) $ - $ 15,731
State TIR Available for Reimbursement $ - $ 19,281 $ 120,013 $ 121,901 $ 123,818 $ 110,033 $ 127,739 $ 129,744 $ 131,778 $ 133,844 $ 135,940 $ 138,067 $ 140,227 $ 142,419 $ 144,644 $ 146,902 $ 149,194 $ 151,520
Total Local Incremental Revenue $ - $ 24,374 $ 151,717 $ 154,105 $ 156,528 $ 158,988 $ 161,485 $ 164,019 $ 166,591 $ 169,202 $ 171,852 $ 174,542 $ 177,272 $ 180,043 $ 182,855 $ 185,710 $ 188,608 $ 191,549
BRA Administrative Fee $ - $ 500 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000
Smartzone Tax Abatement $ - $ 12,187 $ 75,859 $ 77,052 $ 78,264
Local TIR Available for Reimbursement $ - $ 11,687 $ 65,859 $ 67,052 $ 68,264 $ 148,988 $ 151,485 $ 154,019 $ 156,591 $ 159,202 $ 161,852 $ 164,542 $ 167,272 $ 170,043 $ 172,855 $ 175,710 $ 178,608 $ 181,549
Total State & Local TIR Available $ - $ 30,968 $ 185,871 $ 188,954 $ 192,083 $ 259,021 $ 279,224 $ 283,763 $ 288,370 $ 293,046 $ 297,792 $ 302,609 $ 307,499 $ 312,462 $ 317,499 $ 322,612 $ 327,802 $ 333,069
Beginning
DEVELOPER Balance
Developer Reimbursement Balance $ - $ - $ 598,353 $ 2,532,918 $ 2,629,455 $ 2,729,854 $ 2,834,269 $ 2,730,553 $ 2,682,231 $ 2,629,341 $ 2,571,660 $ 2,508,957 $ 2,440,990 $ 2,367,506 $ 2,288,244 $ 2,202,930 $ 2,111,278 $ 2,012,991 $ 1,907,759
Environmental Eligible Costs $ 119,500 $ - $ 119,500 $ 119,500 $ 119,500 $ 119,500 $ 119,500
State Tax Reimbursement $ 59,750 $ - $ - $ - $ - $ - $ 59,750
Local Tax Reimbursement $ 59,750 $ - $ - $ - $ - $ - $ 59,750
Total Environmental Reimbursement Balance $ - $ 119,500 $ 119,500 $ 119,500 $ 119,500
Local Only Eligible Costs $ 2,394,263 $ - $ 478,853 $ 2,413,418 $ 2,509,955 $ 2,610,354 $ 2,714,769 $ 2,730,553 $ 2,682,231 $ 2,629,341 $ 2,571,660 $ 2,508,957 $ 2,440,990 $ 2,367,506 $ 2,288,244 $ 2,202,930 $ 2,111,278 $ 2,012,991 $ 1,907,759
Local Tax Reimbursement $ 4,259,240 $ - $ - $ - $ - $ - $ 89,238 $ 151,485 $ 154,019 $ 156,591 $ 159,202 $ 161,852 $ 164,542 $ 167,272 $ 170,043 $ 172,855 $ 175,710 $ 178,608 $ 181,549
Interest (4%) $ 1,864,977 $ - $ 19,155 $ 96,537 $ 100,399 $ 104,415 $ 105,022 $ 103,163 $ 101,129 $ 98,910 $ 96,499 $ 93,885 $ 91,058 $ 88,010 $ 84,729 $ 81,203 $ 77,423 $ 73,376 $ 69,049
Total Non Environmental Reimbursement Balance $ - $ 498,008 $ 2,509,955 $ 2,610,354 $ 2,714,769 $ 2,730,553 $ 2,682,231 $ 2,629,341 $ 2,571,660 $ 2,508,957 $ 2,440,990 $ 2,367,506 $ 2,288,244 $ 2,202,930 $ 2,111,278 $ 2,012,991 $ 1,907,759 $ 1,795,259
Total Annual Developer Reimbursement $ - $ - $ - $ - $ - $ 208,738 $ 151,485 $ 154,019 $ 156,591 $ 159,202 $ 161,852 $ 164,542 $ 167,272 $ 170,043 $ 172,855 $ 175,710 $ 178,608 $ 181,549
LOCAL BROWNFIELD REVOLVING FUND
LBRF Deposits *
State Tax Capture $ 59,750 $ - $ - $ - $ - $ - $ - $ - $ -
Local Tax Capture $ 472,502 $ - $ - $ - $ - $ - $ - $ - $ -
Total LBRF Capture $ 532,252 $ - $ - $ - $ - $ - $ - $ - $ -
* Up to five years of capture for LBRF Deposits after eligible activities are reimbursed. May be taken from EGLE & Local TIR only.
Z:\2021\210653\WORK\Rept\Brownfield Plan Amendment\Trilogy\Senior Housing TIF Table\TB 1 TBL02 and TBL03_TIF_ harbor 31 Senior housing- Smart Zone.xlsx
Table 3 - Estimate of Total Incremental Taxes Available for Reimbursement 2 of 2
Trilogy at Harbor 31, Muskegon, Muskegon County, Michigan
Estimated Developer Capture $ 4,378,740
BRA Administrative Fee $ 290,500
State Brownfield Redevelopment Fund $ 15,731
Local Brownfield Revolving Fund $ 532,252
2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 TOTAL
Total State Incremental Revenue $ 153,882 $ 156,279 $ 158,711 $ 161,181 $ 163,687 $ 166,231 $ 168,813 $ 171,433 $ 174,093 $ 176,793 $ 179,534 $ 182,315 $ 185,139 $ 4,195,747
State Brownfield Redevelopment Fund (50% of SET) $ 15,731
State TIR Available for Reimbursement $ 153,882 $ 156,279 $ 158,711 $ 161,181 $ 163,687 $ 166,231 $ 168,813 $ 171,433 $ 174,093 $ 176,793 $ 179,534 $ 182,315 $ 185,139 $ 4,180,016
Total Local Incremental Revenue $ 194,534 $ 197,564 $ 200,639 $ 203,761 $ 206,929 $ 210,145 $ 213,409 $ 216,722 $ 220,085 $ 223,498 $ 226,963 $ 230,479 $ 234,048 $ 5,304,170
BRA Administrative Fee $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 290,500
Smartzone Tax Abatement $ 243,362
Local TIR Available for Reimbursement $ 184,534 $ 187,564 $ 190,639 $ 193,761 $ 196,929 $ 200,145 $ 203,409 $ 206,722 $ 210,085 $ 213,498 $ 216,963 $ 220,479 $ 224,048 $ 4,780,308
Total State & Local TIR Available $ 338,416 $ 343,843 $ 349,351 $ 354,941 $ 360,616 $ 366,376 $ 372,222 $ 378,156 $ 384,178 $ 390,291 $ 396,496 $ 402,794 $ 409,187 $ 8,960,323
DEVELOPER
Developer Reimbursement Balance $ 1,795,259 $ 1,675,154 $ 1,547,094 $ 1,410,714 $ 1,265,632 $ 1,111,452 $ 947,760 $ 774,126 $ 590,101 $ 395,217 $ 188,988 $ - $ -
Environmental Eligible Costs
State Tax Reimbursement $ 59,750
Local Tax Reimbursement $ 59,750
Total Environmental Reimbursement Balance $ -
Local Only Eligible Costs $ 1,795,259 $ 1,675,154 $ 1,547,094 $ 1,410,714 $ 1,265,632 $ 1,111,452 $ 947,760 $ 774,126 $ 590,101 $ 395,217 $ 188,988 $ -
Local Tax Reimbursement $ 184,534 $ 187,564 $ 190,639 $ 193,761 $ 196,929 $ 200,145 $ 203,409 $ 206,722 $ 210,085 $ 213,498 $ 188,988 $ - $ 4,259,240
Interest (4%) $ 64,429 $ 59,504 $ 54,259 $ 48,679 $ 42,749 $ 36,453 $ 29,775 $ 22,697 $ 15,201 $ 7,269 $ - $ - $ 1,864,977
Total Non Environmental Reimbursement Balance$ 1,675,154 $ 1,547,094 $ 1,410,714 $ 1,265,632 $ 1,111,452 $ 947,760 $ 774,126 $ 590,101 $ 395,217 $ 188,988 $ - $ -
Total Annual Developer Reimbursement $ 184,534 $ 187,564 $ 190,639 $ 193,761 $ 196,929 $ 200,145 $ 203,409 $ 206,722 $ 210,085 $ 213,498 $ 188,988 $ - $ 4,378,740
LOCAL BROWNFIELD REVOLVING FUND
LBRF Deposits *
State Tax Capture $ 59,750 $ 59,750
Local Tax Capture $ 27,975 $ 220,479 $ 224,048 $ 472,502
Total LBRF Capture $ 87,725 $ 220,479 $ 224,048 $ 532,252
* Up to five years of capture for LBRF Deposits after eligible activities are reimbursed. May be taken from EGLE & Local TIR only.
Z:\2021\210653\WORK\Rept\Brownfield Plan Amendment\Trilogy\Senior Housing TIF Table\TB 1 TBL02 and TBL03_TIF_ harbor 31 Senior housing- Smart Zone.xlsx
Attachment A
Resolutions Approving the Brownfield Plan
Amendment
Attachment B
Conceptual Renderings
Attachment C
Environmental Data Tables and Map
Attachment D
Reimbursement Agreement
DEVELOPMENT AND REIMBURSEMENT AGREEMENT
This DEVELOPMENT AND REIMBURSEMENT AGREEMENT (the “Agreement”)
is made on _________, ______, by and among the CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT AUTHORITY, a Michigan public body corporate
whose address is 933 Terrace Street, Muskegon, Michigan 49443 (the “Authority”), the
CITY OF MUSKEGON, a public body corporate whose address is 933 Terrace Street,
Muskegon, Michigan 49443 (the “City”), and Ryerson Creek Land Co., LLC, a Michigan
limited liability company whose address is 2325 Belmont Center Drive NE, Belmont,
Michigan 49306 (the “Developer”).
RECITALS
A. Pursuant to P.A. 381 of 1996, as amended (“Act 381”), the Authority
approved and recommended a Brownfield Plan which was duly approved by the City (the
“Plan”). The Plan was amended on _________ (the “Amendment,” and, together with
the Plan, the “Brownfield Plan” – See Exhibit A) to identify a new senior housing
redevelopment project proposed by the Developer.
B. The Brownfield Plan includes specific eligible activities associated with the
Developer’s plan to develop approximately 5 acres of land located at 60 Viridian Drive in
Muskegon, Michigan (collectively, the “Developer Property”).
C. The Developer owns the Developer Property, which is included in the
Brownfield Plan as an “eligible property” because it was determined to be a “facility”, as
defined by Part 201 of the Natural Resources and Environmental Protection Act (“Part
201”), or adjacent and contiguous to an “eligible property.”
D. The Developer intends to conduct eligible activities on the Developer
Property including the construction of an approximately 63,000 square foot multi-story
senior housing building with surrounding asphalt parking areas, concrete walkways and
landscaping (the “Project”), including department specific environmental activities,
demolition, site preparation and infrastructure improvement activities, a 15% contingency
and brownfield plan/work plan preparation and development, as described in the
Brownfield Plan, with an estimated cost of $4,378,740 (the “Developer Eligible
Activities”). All of the Developer Eligible Activities are eligible for reimbursement under
Act 381. The total cost of the Eligible Activities, including contingencies and interest, are
$4,392,244 (the “Total Eligible Brownfield TIF Costs”).
E. Act 381 permits the Authority to capture and use local and certain school
property tax revenues generated from the incremental increase in property value of a
redeveloped brownfield site constituting an “eligible property” under Act 381 (the
“Brownfield TIF Revenue”) to pay or to reimburse the payment of Eligible Activities
conducted on the “eligible property.” The Brownfield TIF Revenue will be used to
reimburse the Developer for the Developer Eligible Activities incurred and approved for
the Project.
F. In accordance with Act 381, the parties desire to establish the procedure for
using the available Brownfield TIF Revenue generated from the Property to reimburse the
Developer for completion of Eligible Activities on the Property in an amount not to exceed
the Total Eligible Brownfield TIF Costs.
NOW, THERFORE, the parties agree as follows:
1. Reimbursement Source.
(a) During the Term (as defined below) of this Agreement, and except as set
forth in paragraph 2 below, the Authority shall reimburse the Developer for the costs of
their Eligible Activities conducted on the Developer Property from the Brownfield TIF
Revenue collected from the real and taxable personal property taxes on the Developer
Property. The amount reimbursed to the Developer for their Eligible Activities shall not
exceed the Total Eligible Brownfield TIF Costs, and reimbursements shall be made on
approved costs submitted and approved in connection with the Developer Eligible
Activities, as follows:
(i) the Authority shall pay 100% of available Brownfield TIF Revenue to
Developer to reimburse the cost of the Developer Eligible Activities submitted and
approved for reimbursement by the Authority until Developer is fully reimbursed;
and
(b) The Authority shall capture Brownfield TIF Revenue from the Property and
reimburse the Developer for their Eligible Activities until the earlier of the Developer being
fully reimbursed or December 31, 2051. Unless otherwise prepaid by the Authority,
payments to the Developer shall be made on a semi-annual basis as incremental local
taxes are captured and available.
2. Developer Reimbursement Process.
(a) The Developer shall submit to the Authority, not more frequently than on a
quarterly basis, a “Request for Cost Reimbursement” for Developer Eligible Activities paid
for by the Developer during the prior period. All costs for the Developer Eligible Activities
must be consistent with the approved Brownfield Plan. The Developer must include
documentation sufficient for the Authority to determine whether the costs incurred were
for Developer Eligible Activities, including detailed invoices and proof of payment. Copies
of all invoices for Developer Eligible Activities must note what Developer Eligible Activities
they support.
(b) Unless the Authority disputes whether such costs are for Developer Eligible
Activities within thirty (30) days after receiving a Request for Cost Reimbursement from
the Developer, the Authority shall pay the Developer the amounts for which submissions
have been made pursuant to paragraph 2(a) of this Agreement in accordance with the
priority set forth in paragraph 1, from which the submission may be wholly or partially paid
from available Brownfield TIF Revenue from the Developer Property.
2
(i) The Developer shall cooperate with the Authority’s review of its
Request for Cost Reimbursement by providing supplemental information and
documentation which may be reasonably requested by the Authority.
(ii) If the Authority determines that requested costs are ineligible for
reimbursement, the Authority shall notify the Developer in writing of its reasons for
such ineligibility within the Authority’s thirty (30) day period of review. The
Developer shall then have thirty (30) days to provide supplemental information or
documents to the Authority demonstrating that the costs are for Developer Eligible
Activities and are eligible for reimbursement.
(c) If a partial payment is made to the Developer by the Authority because of
insufficient Brownfield TIF Revenue captured in the semi-annual period for which
reimbursement is sought, the Authority shall make additional payments toward the
remaining amount within thirty (30) days of its receipt of additional Brownfield TIF
Revenue from the Developer Property until all of the amounts for which submissions have
been made have been fully paid to the Developer, or by the end of the Term (as defined
below), whichever occurs first. The Authority is not required to reimburse the Developer
from any source other than Brownfield TIF Revenue.
(d) The Authority shall send all payments to the Developer by registered or
certified mail, addressed to the Developer at the address shown above, or by electronic
funds transfer directly to the Developer’s bank account. The Developer may change its
address by providing written notice sent by registered or certified mail to the Authority.
4. Term of Agreement.
The Authority’s obligation to reimburse the Developer for the Total Eligible
Brownfield TIF Costs incurred by each party under this Agreement shall terminate the
earlier of the date when all reimbursements to the Developer required under this
Agreement have been made or December 31, 2051 (the “Term”). If the Brownfield TIF
Revenue ends before all of the Total Eligible Brownfield TIF Costs have been fully
reimbursed to the Developer, the last reimbursement payment by the Authority shall be
paid from the summer and winter tax increment revenue collected during the final year of
this Agreement.
5. Adjustments.
If, due to an appeal of any tax assessment or reassessment of any portion of the
Developer Property, or for any other reason, the Authority is required to reimburse any
Brownfield TIF Revenue to any tax levying unit of government, the Authority may deduct
the amount of any such reimbursement, including interest and penalties, from any
amounts due and owing to the Developer. If all amounts due to the Developer under this
Agreement have been fully paid or the Authority is no longer obligated to make any further
3
payments to the Developer, the Authority shall invoice the Developer for the amount of
such reimbursement and the Developer shall pay the Authority such invoiced amount
within thirty (30) days of the receipt of the invoice. Amounts withheld by or invoiced and
paid to the Authority by the Developer pursuant to this paragraph shall be reinstated as
Developer Eligible Activities, respectively, for which the Developer shall have the
opportunity to be reimbursed in accordance with the terms, conditions, and limitations of
this Agreement. Nothing in this Agreement shall limit the right of the Developer to appeal
any tax assessment.
6. Legislative Authorization.
This Agreement is governed by and subject to the restrictions set forth in Act 381.
If there is legislation enacted in the future that alters or affects the amount of Brownfield
TIF Revenue subject to capture, eligible property, or Eligible Activities, then the
Developer’s rights and the Authority’s obligations under this Agreement shall be modified
accordingly as required by law, or by agreement of the parties.
7. Notices.
All notices shall be given by registered or certified mail addressed to the parties at
their respective addresses as shown above. Any party may change the address by
written notice sent by registered or certified mail to the other party.
8. Assignment.
This Agreement and the rights and obligations under this Agreement shall not be
assigned or otherwise transferred by any party without the consent of the other party,
which shall not be unreasonably withheld, provided, however, the Developer may assign
their interest in this Agreement to an affiliate without the prior written consent of the
Authority if such affiliate acknowledges its obligations to the Authority under this
Agreement upon assignment in writing on or prior to the effective date of such
assignment, provided, further, that the Developer may each make a collateral assignment
of their share of the Brownfield TIF Revenue for project financing purposes. As used in
this paragraph, “affiliate” means any corporation, company, partnership, limited liability
company, trust, sole proprietorship or other entity or individual which (a) is owned or
controlled by the Developer, (b) owns or controls the Developer or (c) is under common
ownership or control with the Developer. This Agreement shall be binding upon and inure
to the benefit of any successors or permitted assigns of the parties.
9. Entire Agreement.
This Agreement supersedes all agreements previously made between the parties
relating to the subject matter. There are no other understandings or agreements between
the parties.
4
10. Non-Waiver.
No delay or failure by either party to exercise any right under this Agreement, and
no partial or single exercise of that right, constitutes a waiver of that or any other right,
unless otherwise expressly provided herein.
11. Governing Law.
This Agreement shall be construed in accordance with and governed by the laws
of the State of Michigan.
12. Counterparts.
This Agreement may be executed in two or more counterparts, each of which shall
be deemed an original but all of which together shall constitute one and the same
instrument.
[Signature page follows]
5
The parties have executed this Agreement on the date set forth above.
CITY OF MUSKEGON BROWNFIELD
REDEVELOPMENT AUTHORITY
_______________________________
By:
Its:
Ryerson Creek Land Co., LLC
_______________________________
By:
Its:
19886336-2
Signature Page to Development and Reimbursement Agreement
EXHIBIT A
Copy of Brownfield Plan
7
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10-26-2021 Title: Public Hearing on Adelaide Pointe Project
Brownfield Plan Amendment, 1148 and 1204
West Western Ave.
Submitted By: Peter Wills Department: Economic Development
Brief Summary: To hold a public hearing on the request for a Brownfield Plan Amendment for Adelaide
Pointe QOZB, LLC (Adelaide Pointe Project) and to consider the attached resolution.
Detailed Summary: Adelaide Pointe QOZB, LLC proposes a Brownfield Amendment for its Adelaide Pointe
Project; a 35-acre mixed use waterfront development project including winter boat storage, 280 slip marina,
In/Out forklift boat storage, commercial/retail, and up to 400 new residential condominium units. Total private
investment, not including property acquisition, is approximately $250 million.
This sustainably designed multi-use project is intended to improve the existing 3,500-foot Muskegon Lake
shoreline through the expansion of public access for waterfront activities such as swimming, fishing, boating,
inviting peninsula park/greenspace areas, and transient docking. The project will create a walkable
community which will further connect to an existing bike trail, our vibrant downtown and other recreational
activities.
The developer’s environmental consultant completed a Phase II Environmental Site Assessment (ESA) and
a Baseline Environmental Assessment in December 2020. This plan is for $54,166,757 in eligible costs. It is
a local-only property tax capture plan, although through statute the plan is eligible for $350,000 for eligible
environmental costs captured by state educational millage through EGLE. There is no need for state
approval. The local-only EGLE eligible costs are $3,250,000 which include due care activities - $500,000
vapor intrusion mitigation, $1,500,000 soil capping, $250,000 dewatering and $1,000,000 for the dredging
and removal of soil contaminants. Local-only MSF eligible costs are $21,295,000 which include $1,500,000
demolition, $1,250,000 asbestos abatement, $5,545,000 site preparation and $13,000,000 public
infrastructure improvements.
The City is proposing to use bond proceeds of $10,000,000 to pay certain eligible site preparation and public
infrastructure costs incurred by the City; which will be repaid via tax increment revenues: $6,840,000 for
creation of new roadways to support the development; $1,035,000 for reconfiguration of West Western;
$1,615,000 for an East Basin Launch Well; Total City Bond eligible costs would be $12,608,621 (including
interest of $2,608,621).
Capture of tax increment revenues for City reimbursement is anticipated to commence in 2023 and end in
2029. Developer reimbursement will follow with an estimated start date of 2029. The anticipated end date for
Developer reimbursement is 2048. It is projected that the Plan Amendment will extend 30 years, which
assumes four years of additional capture of tax increment revenues for deposit into a Local Brownfield
Revolving Fund, if available.
There is a 15% contingency in the plan. A request for 5% interest is included for all accrued and
unreimbursed eligible activities on a yearly basis. There is an annual $10,000 administrative fee paid to the
BRA. The BRA-DDA approved the Adelaide Pointe Project Brownfield Plan Amendment on October 12,
2021.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To close the public hearing and approve the Brownfield Plan Amendment for the
Adelaide Pointe Project at 1148 and 1204 West Western Ave with the attached resolution, authorizing the
Mayor and City Clerk to sign.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT
Adelaide Pointe QOZB, LLC 1148 and 1204 West Western Avenue
(Adelaide Pointe Project)
City of Muskegon
County of Muskegon, Michigan
Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the “City”), held in the City Commission Chambers on the 26th day of
October, 2021 at 5:30 p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by Commissioner
___________________ and supported by Commissioner __________________.
WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996,
as amended (“Act 381”), the City of Muskegon Brownfield Redevelopment Authority (the
“Authority”) has prepared and approved a Brownfield Plan Amendment to add the Adelaide
Pointe Project, 1148 and 1204 West Western Ave; and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to the City
Commission requesting its approval of the Brownfield Plan Amendment; and
WHEREAS, the City Commission has provided notice and a reasonable opportunity to
the taxing jurisdictions levying taxes subject to capture to express their views and
recommendations regarding the Brownfield Plan Amendment, as required by Act 381; and
WHEREAS, not less than 10 days has passed since the City Commission provided
notice of the proposed Brownfield Plan to the taxing units; and
WHEREAS, the City Commission held a public hearing on the proposed Brownfield Plan
on October 26, 2021.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. That the Brownfield Plan constitutes a public purpose under Act 381.
2. That the Brownfield Plan meets all the requirements of Section 13(1) of Act 381.
3. That the proposed method of financing the costs of the eligible activities, as identified
in the Brownfield Plan and defined in Act 381, is feasible and the Authority has the
authority to arrange the financing.
4. That the costs of the eligible activities proposed in the Brownfield Plan are
reasonable and necessary to carry out the purposes of Act 381.
5. That the amount of captured taxable value estimated to result from the adoption of
the Brownfield Plan is reasonable.
6. That the Brownfield Plan in the form presented is approved and is effective
immediately.
7. That all resolutions or parts of resolutions in conflict herewith shall be and the same
are hereby rescinded.
Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute
all documents necessary or appropriate to implement the provisions of the Brownfield Plan.
AYES:
NAYS:
RESOLUTION DECLARED APPROVED.
Ann Marie Meisch, City Clerk
Stephen J Gawron, Mayor
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on October 26, 2021 and that said meeting was conducted and public
notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act,
being Act 267, Public Acts of Michigan, 1976, as amended, and altered under Michigan
Governor’s Executive Order 2020-75 (COVID-19) and that the minutes of said meeting were
kept and will be or have been made available as required by said Act.
Ann Marie Meisch, City Clerk
City of Muskegon
Brownfield Redevelopment Authority
Brownfield Plan Amendment for the
Adelaide Pointe Project at
1148 & 1204 West Western Avenue
Muskegon, Michigan
Approved by the City of Muskegon Brownfield Redevelopment Authority
Approved by the City of Muskegon Board of Commissioners
Prepared with the assistance of:
Fishbeck
1515 Arboretum Drive SE
Grand Rapids, Michigan 49546
616-464-3876
Table of Contents Fishbeck | Page i
1.0 Introduction ...................................................................................................................................................1
1.1 Proposed Redevelopment and Future Use for the Eligible Property ................................................1
1.2 Eligible Property Information ............................................................................................................1
2.0 Information Required by Section 13(2) of the Statute ...................................................................................2
2.1 Description of Costs to Be Paid for With Tax Increment Revenues ..................................................2
2.2 Summary of Eligible Activities ...........................................................................................................4
2.3 Estimate of Captured Taxable Value and Tax Increment Revenues ..................................................5
2.4 Maximum Amount of Note or Bonded Indebtedness .......................................................................5
2.5 Duration of Brownfield Plan..............................................................................................................5
2.6 Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdiction ..........................5
2.7 Legal Description, Property Map, Statement of Qualifying Characteristics and Personal Property..5
2.8 Estimates of Residents and Displacement of Individuals/Families....................................................5
2.9 Plan for Relocation of Displaced Persons..........................................................................................6
2.10 Provisions for Relocation Costs .........................................................................................................6
2.11 Strategy for Compliance with Michigan’s Relocation Assistance Law...............................................6
2.12 Other Material that the Authority or Governing Body Considers Pertinent .....................................6
List of Figures
Figure 1 – Location Map
Figure 2 – Site Layout Map
List of Tables
Table 1 – Tax Increment Revenue Capture
Table 2 – Tax Increment Revenue Reimbursement Allocation
List of Attachments
Attachment A Brownfield Plan Resolution(s)
Attachment B Conceptual Renderings
Attachment C Environmental Data Tables and Map
Attachment D Reimbursement Agreement
October 4, 2021 Fishbeck | Page 1
1.0 Introduction
The City of Muskegon Brownfield Redevelopment Authority (the “Authority” or MBRA) was established by the City
of Muskegon pursuant to the Brownfield Redevelopment Financing Act, Michigan Public Act 381 of 1996, as
amended (“Act 381”). The primary purpose of Act 381 is to encourage the redevelopment of eligible property by
providing economic development incentives through tax increment financing for certain eligible properties.
This Brownfield Plan Amendment (“Plan Amendment”) serves as an amendment to the City of Muskegon’s
existing Brownfield Plan, allowing inclusion of the eligible property described in Sections 1.1 and 1.2 below.
Incorporation of eligible property into the City’s Brownfield Plan permits the use of tax increment financing to
reimburse Adelaide Pointe QOZB, LLC (“Developer”) for the cost of eligible activities required to redevelop the
eligible property. See Attachment A for copies of Plan Amendment resolutions.
1.1 Proposed Redevelopment and Future Use for the Eligible Property
The Developer is proposing to redevelop a former industrial site located at 1148 and 1204 West Western Avenue,
Muskegon, Michigan (the “Property”). Proposed redevelopment activities include: revitalizing existing site
structures for boat storage, busines offices, and lease space (approx. 218,000 sf); creation of a new 280 slip
marina and construction of a three-story, mixed-use building with ground level retail and office space, a second-
floor restaurant, and third floor deck area (approx. 7,500 sf); 50 boat condos (totaling approx. 250,000 gross sf);
and 250 - 300 residential condo units (averaging approx. 1,500 sf each) within a six building footprint (the
“Project”). The Project will create a walkable community that incorporates public access to waterfront activities
(e.g., swimming, fishing, boating), inviting greenspace areas, and transient docking. Sustainable development
techniques are proposed throughout the Project, including solar boardwalks and roof systems, electric vehicle
charging stations, low-impact development stormwater management, and integrated parking. Total private
investment, not including property acquisition, is approximately $250,000,000. The mixed-use waterfront
development will create approximately 100 new jobs (retail, office, restaurant, marina) and provide contractor
work for hundreds of temporary construction workers. Conceptual renderings are provided in Attachment B.
The structured five-phase development is summarized in the table below.
Development Phase Anticipated Start Date Desired Completion Date
Phase I – Revitalize existing buildings for boat storage Spring/Summer 2021 Summer/Fall 2021
Phase II – Creation of forklift in/out service Spring 2022 Spring/Summer 2022
Phase III – Construction of marina, mixed-use building Spring 2022 Fall 2022
Phase IV – Construction of 50 boat storage and Spring 2024 Fall 2027
warehouse
Phase V – Construction of residential condos Spring 2025 Fall 2030
1.2 Eligible Property Information
The 35-acre Property is located at the west end of West Western Avenue on the south shore of Muskegon Lake.
Since the late 1800s, the Property has been utilized for industrial purposes, primarily a lumberyard followed by
foundry operations. Based on a recent Phase II Environmental Site Assessment (ESA) completed in December
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2020, these past industrial uses have resulted in widespread contamination across the Property. Known
contaminants in the soil with concentrations exceeding Michigan Department of Environment, Great Lakes, and
Energy (EGLE) Part 201 Generic Residential Cleanup Criteria (GRCC) include tetrachloroethylene (PCE), arsenic,
cadmium, chromium (total), copper, and selenium. Groundwater contaminants with concentrations identified
above Part 201 GRCC consist of benzene, cadmium, chromium (total), copper, lead, mercury, and zinc.
The Developer is not a liable party and completed a Baseline Environmental Assessment (BEA) in accordance with
Part 201 of the Natural Resources and Environmental Protect Act, 1995 PA 451, as amended (NREPA).
Given the known contamination, the Property is a “facility” pursuant to Part 201 of NREPA. As such, it is
considered an “eligible property” as defined by the Michigan Redevelopment Financing Act, Act 381 of 1996.
Maps depicting the location and layout of the Property are attached as Figures 1 and 2. Environmental data
tables and map are provided in Attachment C.
2.0 Information Required by Section 13(2) of the Statute
2.1 Description of Costs to Be Paid for With Tax Increment Revenues
Act 381 provides pre-approval for certain activities that have been conducted at the Property. Additional activities
require BRA approval for reimbursement from local, school operating, and state education taxes. Tax increment
revenues will be used to reimburse the Developer and the City of Muskegon for the following eligible activities.
• Pre-approved BEA, documentation of due care, asbestos/lead paint survey, and additional due care
assessment
• Due care activities
• Asbestos, lead paint, and mold abatement
• Select building and site demolition
• Site preparation
• Infrastructure improvements (public)- Developer & City
• 15% contingency
• Brownfield Plan Amendment
• Brownfield Plan Amendment Implementation
• Interest
The table below provides an eligible activity cost summary for the Project.
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ELIGIBLE ACTIVITIES COST SUMMARY
EGLE Eligible Activities Estimated Cost
Department Specific Activities
$350,000
1. Pre-Approved Sub-Total
$52,000
a. BEA activities
$33,000
b. Documentation of due care
$20,000
c. Hazardous materials survey (e.g., asbestos, lead paint, etc.)
d. Due care assessment
$245,000
EGLE Eligible Activities Total Costs $350,000
Interest (5%) $15,354
EGLE Eligible Costs Sub-Total $365,354
Local Only Eligible Activities Estimated Cost
Department Specific Activities
2. Due Care Sub-Total $3,250,000
a. Vapor intrusion mitigation $500,000
b. Soil capping $1,500,000
c. Dewatering $250,000
d. Contaminated Soil/Dredge Materials Removal and Disposal $1,000,000
Local Only Department Specific Activities Total Costs $3,250,000
Non-Environmental Activities
3. Asbestos, lead paint, and mold abatement Sub-Total $1,250,000
4. Demolition (select interior and site grounds) Sub-Total $1,500,000
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5. Site preparation Sub-Total $5,545,000
a. Clearing and grubbing $300,000
b. Dredging $800,000
c. Compaction and sub-base preparation $350,000
d. Cut and fill $300,000
e. Excavation for unstable material $70,000
f. Fill $850,000
g. Geotechnical engineering $180,000
h. Grading/land balancing $1,250,000
i. Relocation of active utilities $350,000
j. Temporary erosion control $110,000
k. Temporary facility $165,000
l. Temporary site control $195,000
m. Surveying and staking $125,000
n. Architectural/engineering costs related to eligible activities $500,000
6. Infrastructure improvements (Public) $13,000,000
a. Marina basin (breakwater system/gangway/dockage) $10,000,000
b. Parks (Linear Park, East Peninsula Park, Commuter Bike $2,000,000
Path)
c. East Basin Launch Well $1,000,000
Local Only Non-Environmental Activities Total Costs $21,295,000
EGLE and Local Only Eligible Costs Sub-Total $24,910,354
Contingency (15%)* $3,681,750
Brownfield Plan Amendment Preparation $10,000
Brownfield Plan Amendment Implementation $10,000
Interest (5%) $25,554,653
Total EGLE and Local Only Eligible Costs $54,166,757
*Not applied to previously completed Department Specific Activities
ELIGIBLE ACTIVITIES COST SUMMARY- City of Muskegon Bond
Local Only Activities Total Costs
1. Public Infrastructure (sub-total) $10,000,000
a. Roadways (Adelaide Point Ave, East Circle Drive, West $6,840,000
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Circle Drive, Adelaide Point Drive, South Circle Drive)
b. West Western Reconfiguration $1,035,000
c. East Basin Launch Well $1,615,000
2. Site Preparation (sub-total)
a. Mass Grade Site $510,000
Local Only Non-Environmental Activities Total Costs $10,000,000
Interest (5%) $2,608,621
Total City of Muskegon Bond Eligible Costs $12,608,621
2.2 Summary of Eligible Activities
Eligible activities as defined by Act 381 and included in this Plan Amendment consist of the following:
Pre-Approved Activities: These activities are permitted to occur prior to Plan Amendment approval. Preparation
of a Phase I ESA, BEA and Documentation of Due Care Compliance are necessary to protect the new Property
owner/Developer from liability for environmental contamination. A Hazardous Materials Investigation was
conducted to evaluate potential asbestos, lead paint, and other materials, as required by regulatory agencies
prior to select building demolition activities. Due care assessment will be conducted to verify compliance with
applicable due care obligations. Pre-approved activities can be reimbursed from state school and local tax
increment revenues.
Due Care Activities: Due care activities will include implementation of vapor intrusion mitigation systems, as
applicable, to prevent unacceptable exposures to potential indoor air inhalation concerns. Soil capping will be
completed to protect against direct contact concerns related to known contamination. Contaminated
soils/dredge materials which cannot be utilized on the Site will be hauled to an appropriate Type 2 landfill for
disposal. During construction activities, dewatering may be necessary. Contaminated groundwater will be
properly managed to comply with due care. Due care costs will include environmental oversight and
management.
Asbestos, Lead Paint, and Mold Abatement: As applicable, and prior to select building demolition activities,
asbestos, lead paint, and mold must be abated in accordance with applicable regulatory guidelines.
Demolition: Select building and Site demolition will be necessary to facilitate safe redevelopment and reuse of the
Property.
Site Preparation: Site preparation is expected to include clearing and grubbing, dredging, compaction and sub-base
preparation, cut and fill, excavation for unstable material, fill, geotechnical engineering, grading, land balancing,
relocation of active utilities, temporary erosion control, temporary facility, temporary site control, surveying,
staking and associated professional fees.
Public Infrastructure Improvements: Infrastructure improvements will include marina launch and basin
enhancements, sidewalks, bike paths, boardwalks, fishing docks, roadways, curb and gutter, lighting, landscaping,
irrigation, low-impact design stormwater management, utilities, and other streetscape improvements. Costs will
include oversight, management, and associated professional fees.
Plan Amendment Preparation: This Plan Amendment was required for authorization of reimbursement to the
Developer from tax increment revenues under Public Act 381 of 1996, as amended.
Plan Amendment Implementation: Tracking, submittal, review of invoices for reimbursement, plan compliance,
and data reporting will be conducted.
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Contingency: A 15% contingency is included for those activities not already completed.
2.3 Estimate of Captured Taxable Value and Tax Increment Revenues
For the purposes of this Plan Amendment, the taxable value base year is 2021. The 2021 taxable value of the
eligible property is $903,810. After completion of the development, the taxable value is estimated at
$87,500,000. This Plan Amendment assumes a 1.0% annual increase in the taxable value of the eligible property.
Initial capture is anticipated to begin in 2022.
The estimated captured taxable value for the redevelopment by year and in aggregate for each taxing jurisdiction
is depicted in tabular form (Table 1: Tax Increment Revenue Capture). Actual taxable values and tax increment
revenues may vary year to year based on economic and market conditions, tax incentives, building additions, and
property improvements, among other factors.
A summary of the estimated reimbursement schedule by year and in aggregate is presented as Table 2: Tax
Increment Revenue Reimbursement Allocation.
Method of Financing and Description of Advances Made by the Municipality
The cost of the eligible activities included in this Plan Amendment will be paid for by the Developer and the City of
Muskegon. The Developer and City of Muskegon will seek reimbursement for eligible activity costs through
capture of available local and state (as applicable) tax increment revenues as permitted by Act 381. Additionally,
as necessary personal property taxes may be utilized as well for reimbursement. Refer to Attachment D for a copy
of the Reimbursement Agreement.
2.4 Maximum Amount of Note or Bonded Indebtedness
The City of Muskegon plans to utilize bond proceeds to pay for certain eligible site preparation and public
infrastructure costs incurred by the City, which will be repaid via tax increment revenues generated by
redevelopment of the Site, and subject to the Reimbursement/Development Agreement. Refer to the table in
Section 2.1 for additional information relative to the costs and breakdown of costs associated with the bond.
Refer to Table 2 for the reimbursement schedule.
2.5 Duration of Brownfield Plan
Capture of tax increment revenues for City reimbursement is anticipated to commence in 2023 and end in 2029.
Developer reimbursement will follow with an estimated start date of 2029. The anticipated end date for
Developer reimbursement is 2048. It is projected that the Plan Amendment will extend 30 years, which assumes
four years of additional capture of tax increment revenues for deposit into a Local Brownfield Revolving Fund, if
available.
2.6 Estimated Impact of Tax Increment Financing on Revenues of Taxing
Jurisdiction
The estimated amount of tax increment revenues to be captured for this redevelopment from each taxing
jurisdiction by year and in aggregate is presented in Tables 1 and 2.
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2.7 Legal Description, Property Map, Statement of Qualifying Characteristics and
Personal Property
• The legal description is as follows:
1148 W. Western Avenue
COM AT SE COR LOT 4 BLK 577 FOR POB TH N 1 DEG 41 MIN W 158.40 FT TH N 76 DEG 43 MIN W 103.55
FT TH NWLY ON THE ARC OF A 492.47 FT RAD CURVE TO THE RT 110.31 FT (LONG CORD BEARS N 70D
18M W 110.07 FT CENTRAL ANGLE IS 12D 50M 00S) TH N 63 DEG 53 MIN W 67 FT TH N 2 DEG 4 MIN W
33.8 FT TO RR R/W TH CON'T N 2 DEG 4 MIN W 367.7 FT TH N 37 DEG W 730 FT
1204 W. Western Avenue
PART OF SECTION 25 T10N R17W PRT OF BLKS 578-580DESC AS FOLS COM AT SE COR LOT 4 BLK 577
TH S 88D 15M W ALG SLY LN SD BLK 577 EXTND (ALSO BEING NLY LN WESTERN AVE) 847.15 FT FOR POB
TH N 01D 56M 50S W 256.10 FT TH N 31D 37M 35S E 47 FT TH N 55D 15M 15S E 89.20 FT TH N 35D 54M
50S W 127.65 FT TH N 02D 52M 10S W 553 FT TH S 55D 13 M W 243 FTCOM 375 FT N OF SW COR OF SW
¼ OF NW ¼, TH N TO A POINT745 FT S OF NW COR, TH E 225 FT, TH S TO A POINT DUE E OF POB; TH W
225 FT TO POB. SEC 16, T10N RSW. 1.03 AC M/L.
• The Property layout is depicted on Figure 2.
• The Property is considered an “eligible property” as defined by Act 381 because the Property is a facility
pursuant to Part 201. Facility verification is included in Attachment C.
• New personal property added to the Property is included as part of the Eligible Property to the extent it is
taxable.
2.8 Estimates of Residents and Displacement of Individuals/Families
No residents or families will be displaced because of the Project.
2.9 Plan for Relocation of Displaced Persons
Not applicable.
2.10 Provisions for Relocation Costs
Not applicable.
2.11 Strategy for Compliance with Michigan’s Relocation Assistance Law
Not applicable.
2.12 Other Material that the Authority or Governing Body Considers Pertinent
The Project will significantly improve the Muskegon Lake shoreline through revitalization of Property once used
for industrial purposes. Existing structures will be revitalized, and environmental exposure risks mitigated. A new
marina with transient boat slips will provide boaters with opportunities to access the vibrant Muskegon
downtown and other nearby recreational activities. Construction of new boat storage and residential
condominiums will expand Muskegon Lake access and increase long-term tax revenues for the City of Muskegon
and the State of Michigan. The Development will also create numerous job opportunities for the community.
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Figure 1
Location Map
VICINITY MAP
MICHIGAN
CITY OF
MUSKEGON
_
^
MUSKEGON COUNTY
Hard copy is
intended to be
8.5"x11" when
plotted. Scale(s)
indicated and
graphic quality may
not be accurate for
any other size.
1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan
Baseline Environmental Assessment
Leestma Management, LLC
SITE
PLOT INFO: Z:\2020\201515\CAD\GIS\mapdoc\FIG01_LocationMap.mxd Date: 12/11/2020 4:33:47 PM User: bahannah
PROJECT NO.
201515
LOCATION MAP FIGURE NO.
NORTH 0 1,000
FEET
2,000
© OpenStreetMap (and) contributors, CC-BY-SA 1
©Copyright 2020 All Rights Reserved
Figure 2
Site Layout Map
LEGEND
Approximate Property Boundary
Hard copy is
intended to be
8.5"x11" when
plotted. Scale(s)
indicated and
graphic quality may
not be accurate for
any other size.
1148 & 1204 West Western Ave., Muskegon, Muskegon County, MI
Leesta Management, LLC
Baseline Environmental Assessment
PLOT INFO: Z:\2020\201515\CAD\GIS\mapdoc\FIG03_SiteMap.mxd Date: 12/11/2020 4:43:23 PM User: bahannah
PROJECT NO.
201515
SITE MAP
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus
DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community, FIGURE NO.
2
Esri, HERE, Garmin, (c) OpenStreetMap contributors, Esri, HERE,
FEET
Garmin, (c) OpenStreetMapNORTH 0 and the
contributors, 150
GIS user300
community
©Copyright 2020 All Rights Reserved
Table 1
Tax Increment Revenue Capture
Table 1 - Estimate of Total Incremental Taxes Available for Capture 1 of 3
1148 and 1204 West Western Avenue, Muskegon, Muskegon County, Michigan
Estimated Taxable Value (TV) Increase Rate: 1%
Plan Year 0 1 2 3 4 5 6 7 8 9 10
Calendar Year 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031
Base Taxable Value $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810
Estimated New TV $ - $ 1,750,000 $ 14,875,000 $ 42,875,000 $ 53,375,000 $ 61,250,000 $ 87,500,000 $ 88,375,000 $ 89,258,750 $ 90,151,338 $ 91,052,851
1
Incremental Difference (New TV - Base TV) $ - $ 846,190 $ 13,971,190 $ 41,971,190 $ 52,471,190 $ 60,346,190 $ 86,596,190 $ 87,471,190 $ 88,354,940 $ 89,247,528 $ 90,149,041
School Capture Millage Rate
State Education Tax (SET) 6.00000 $ - $ 5,077 $ 83,827 $ 251,827 $ 314,827 $ 362,077 $ 519,577 $ 524,827 $ 530,130 $ 535,485 $ 540,894
School Operating Tax 17.98380 $ - $ 15,218 $ 251,255 $ 754,801 $ 943,631 $ 1,085,254 $ 1,557,329 $ 1,573,064 $ 1,588,958 $ 1,605,010 $ 1,621,222
School Total 23.9838 $ - $ 20,295 $ 335,082 $ 1,006,629 $ 1,258,459 $ 1,447,331 $ 2,076,906 $ 2,097,892 $ 2,119,087 $ 2,140,495 $ 2,162,117
Local Capture Millage Rate
County Museum 0.32200 $ - $ 272 $ 4,499 $ 13,515 $ 16,896 $ 19,431 $ 27,884 $ 28,166 $ 28,450 $ 28,738 $ 29,028
County Veterans 0.07150 $ - $ 61 $ 999 $ 3,001 $ 3,752 $ 4,315 $ 6,192 $ 6,254 $ 6,317 $ 6,381 $ 6,446
Senior Citzens Services 0.49990 $ - $ 423 $ 6,984 $ 20,981 $ 26,230 $ 30,167 $ 43,289 $ 43,727 $ 44,169 $ 44,615 $ 45,066
Central Dispatch 0.29999 $ - $ 254 $ 4,191 $ 12,591 $ 15,741 $ 18,103 $ 25,978 $ 26,240 $ 26,506 $ 26,773 $ 27,044
Community College 2.20340 $ - $ 1,864 $ 30,784 $ 92,479 $ 115,615 $ 132,967 $ 190,806 $ 192,734 $ 194,681 $ 196,648 $ 198,634
M.A.I.S.D 4.75410 $ - $ 4,023 $ 66,420 $ 199,535 $ 249,453 $ 286,892 $ 411,687 $ 415,847 $ 420,048 $ 424,292 $ 428,578
City Operating 10.07540 $ - $ 8,526 $ 140,765 $ 422,877 $ 528,668 $ 608,012 $ 872,491 $ 881,307 $ 890,211 $ 899,205 $ 908,288
City Sanitation 2.99790 $ - $ 2,537 $ 41,884 $ 125,825 $ 157,303 $ 180,912 $ 259,607 $ 262,230 $ 264,879 $ 267,555 $ 270,258
Hackley Library 2.39970 $ - $ 2,031 $ 33,527 $ 100,718 $ 125,915 $ 144,813 $ 207,805 $ 209,905 $ 212,025 $ 214,167 $ 216,331
MPS Sinking 0.99810 $ - $ 845 $ 13,945 $ 41,891 $ 52,371 $ 60,232 $ 86,432 $ 87,305 $ 88,187 $ 89,078 $ 89,978
County Operating 5.69780 $ - $ 4,821 $ 79,605 $ 239,143 $ 298,970 $ 343,841 $ 493,408 $ 498,393 $ 503,429 $ 508,515 $ 513,651
Local Total 30.3198 $ - $ 25,656 $ 423,604 $ 1,272,558 $ 1,590,915 $ 1,829,684 $ 2,625,578 $ 2,652,108 $ 2,678,903 $ 2,705,966 $ 2,733,300
Non-Capturable Millages Millage Rate
Community College Debt 0.34000 $ - $ 288 $ 4,750 $ 14,270 $ 17,840 $ 20,518 $ 29,443 $ 29,740 $ 30,041 $ 30,344 $ 30,651
Hackley Debt 0.45320 $ - $ 383 $ 6,332 $ 19,021 $ 23,780 $ 27,349 $ 39,245 $ 39,642 $ 40,042 $ 40,447 $ 40,856
MPS Debt - 1995 3.86000 $ - $ 3,266 $ 53,929 $ 162,009 $ 202,539 $ 232,936 $ 334,261 $ 337,639 $ 341,050 $ 344,495 $ 347,975
MPS Debt - 2009 3.50000 $ - $ 2,962 $ 48,899 $ 146,899 $ 183,649 $ 211,212 $ 303,087 $ 306,149 $ 309,242 $ 312,366 $ 315,522
Total Non-Capturable Taxes 8.1532 $ - $ 6,899 $ 113,910 $ 342,200 $ 427,808 $ 492,015 $ 706,036 $ 713,170 $ 720,375 $ 727,653 $ 735,003
1
Assumes 1% annual increase for inflation
Total Tax Increment Revenue (TIR) Available for Capture $ - $ 45,951 $ 758,686 $ 2,279,186 $ 2,849,374 $ 3,277,015 $ 4,702,484 $ 4,750,000 $ 4,797,990 $ 4,846,461 $ 4,895,417
Notes-
Table 2 assumes incremental annual investment with
project completion in 2030.
For the purpose of Table 2 the new taxable value is
estimated based on 35% of a total overal investment
of $250,000,000
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Table 1 - Estimate of Total Incremental Taxes Available for Capture 2 of 3
1148 and 1204 West Western Avenue, Muskegon, Muskegon County, Michigan
Estimated Taxable Value (TV) Increase Rate:
Plan Year 11 12 13 14 15 16 17 18 19 20 21 22
Calendar Year 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043
Base Taxable Value $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810
Estimated New TV $ 91,963,379 $ 92,883,013 $ 93,811,843 $ 94,749,962 $ 95,697,461 $ 96,654,436 $ 97,620,980 $ 98,597,190 $ 99,583,162 $ 100,578,994 $ 101,584,784 $ 102,600,631
1
Incremental Difference (New TV - Base TV) $ 91,059,569 $ 91,979,203 $ 92,908,033 $ 93,846,152 $ 94,793,651 $ 95,750,626 $ 96,717,170 $ 97,693,380 $ 98,679,352 $ 99,675,184 $ 100,680,974 $ 101,696,821
School Capture Millage Rate
State Education Tax (SET) 6.00000 $ 546,357 $ 551,875 $ 557,448 $ 563,077 $ 568,762 $ 574,504 $ 580,303 $ 586,160 $ 592,076 $ 598,051 $ 604,086 $ 610,181
School Operating Tax 17.98380 $ 1,637,597 $ 1,654,136 $ 1,670,839 $ 1,687,710 $ 1,704,750 $ 1,721,960 $ 1,739,342 $ 1,756,898 $ 1,774,630 $ 1,792,539 $ 1,810,626 $ 1,828,895
School Total 23.9838 $ 2,183,955 $ 2,206,011 $ 2,228,288 $ 2,250,787 $ 2,273,512 $ 2,296,464 $ 2,319,645 $ 2,343,058 $ 2,366,706 $ 2,390,590 $ 2,414,712 $ 2,439,076
Local Capture Millage Rate
County Museum 0.32200 $ 29,321 $ 29,617 $ 29,916 $ 30,218 $ 30,524 $ 30,832 $ 31,143 $ 31,457 $ 31,775 $ 32,095 $ 32,419 $ 32,746
County Veterans 0.07150 $ 6,511 $ 6,577 $ 6,643 $ 6,710 $ 6,778 $ 6,846 $ 6,915 $ 6,985 $ 7,056 $ 7,127 $ 7,199 $ 7,271
Senior Citzens Services 0.49990 $ 45,521 $ 45,980 $ 46,445 $ 46,914 $ 47,387 $ 47,866 $ 48,349 $ 48,837 $ 49,330 $ 49,828 $ 50,330 $ 50,838
Central Dispatch 0.29999 $ 27,317 $ 27,593 $ 27,871 $ 28,153 $ 28,437 $ 28,724 $ 29,014 $ 29,307 $ 29,603 $ 29,902 $ 30,203 $ 30,508
Community College 2.20340 $ 200,641 $ 202,667 $ 204,714 $ 206,781 $ 208,868 $ 210,977 $ 213,107 $ 215,258 $ 217,430 $ 219,624 $ 221,840 $ 224,079
M.A.I.S.D 4.75410 $ 432,906 $ 437,278 $ 441,694 $ 446,154 $ 450,658 $ 455,208 $ 459,803 $ 464,444 $ 469,132 $ 473,866 $ 478,647 $ 483,477
City Operating 10.07540 $ 917,462 $ 926,727 $ 936,086 $ 945,538 $ 955,084 $ 964,726 $ 974,464 $ 984,300 $ 994,234 $ 1,004,267 $ 1,014,401 $ 1,024,636
City Sanitation 2.99790 $ 272,987 $ 275,744 $ 278,529 $ 281,341 $ 284,182 $ 287,051 $ 289,948 $ 292,875 $ 295,831 $ 298,816 $ 301,831 $ 304,877
Hackley Library 2.39970 $ 218,516 $ 220,722 $ 222,951 $ 225,203 $ 227,476 $ 229,773 $ 232,092 $ 234,435 $ 236,801 $ 239,191 $ 241,604 $ 244,042
MPS Sinking 0.99810 $ 90,887 $ 91,804 $ 92,732 $ 93,668 $ 94,614 $ 95,569 $ 96,533 $ 97,508 $ 98,492 $ 99,486 $ 100,490 $ 101,504
County Operating 5.69780 $ 518,839 $ 524,079 $ 529,371 $ 534,717 $ 540,115 $ 545,568 $ 551,075 $ 556,637 $ 562,255 $ 567,929 $ 573,660 $ 579,448
Local Total 30.3198 $ 2,760,907 $ 2,788,790 $ 2,816,952 $ 2,845,396 $ 2,874,124 $ 2,903,139 $ 2,932,444 $ 2,962,043 $ 2,991,937 $ 3,022,131 $ 3,052,626 $ 3,083,426
Non-Capturable Millages Millage Rate
Community College Debt 0.34000 $ 30,960 $ 31,273 $ 31,589 $ 31,908 $ 32,230 $ 32,555 $ 32,884 $ 33,216 $ 33,551 $ 33,890 $ 34,232 $ 34,577
Hackley Debt 0.45320 $ 41,268 $ 41,685 $ 42,106 $ 42,531 $ 42,960 $ 43,394 $ 43,832 $ 44,275 $ 44,721 $ 45,173 $ 45,629 $ 46,089
MPS Debt - 1995 3.86000 $ 351,490 $ 355,040 $ 358,625 $ 362,246 $ 365,903 $ 369,597 $ 373,328 $ 377,096 $ 380,902 $ 384,746 $ 388,629 $ 392,550
MPS Debt - 2009 3.50000 $ 318,708 $ 321,927 $ 325,178 $ 328,462 $ 331,778 $ 335,127 $ 338,510 $ 341,927 $ 345,378 $ 348,863 $ 352,383 $ 355,939
Total Non-Capturable Taxes 8.1532 $ 742,427 $ 749,925 $ 757,498 $ 765,146 $ 772,872 $ 780,674 $ 788,554 $ 796,514 $ 804,552 $ 812,672 $ 820,872 $ 829,155
1
Assumes 1% annual increase for inflation
Total Tax Increment Revenue (TIR) Available for Capture $ 4,944,862 $ 4,994,801 $ 5,045,240 $ 5,096,183 $ 5,147,636 $ 5,199,603 $ 5,252,090 $ 5,305,101 $ 5,358,643 $ 5,412,720 $ 5,467,338 $ 5,522,502
Notes-
Table 2 assumes incremental annual investment with
project completion in 2030.
For the purpose of Table 2 the new taxable value is
estimated based on 35% of a total overal investment
of $250,000,000
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Table 1 - Estimate of Total Incremental Taxes Available for Capture 3 of 3
1148 and 1204 West Western Avenue, Muskegon, Muskegon County, Michigan
Estimated Taxable Value (TV) Increase Rate:
Plan Year 23 24 25 26 27 28 29 30 TOTAL
Calendar Year 2044 2045 2046 2047 2048 2049 2050 2051
Base Taxable Value $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ -
Estimated New TV $ 103,626,638 $ 104,662,904 $ 105,709,533 $ 106,766,628 $ 107,834,295 $ 108,912,638 $ 110,001,764 $ 111,101,782 $ -
1
Incremental Difference (New TV - Base TV) $ 102,722,828 $ 103,759,094 $ 104,805,723 $ 105,862,818 $ 106,930,485 $ 108,008,828 $ 109,097,954 $ 110,197,972 $ -
School Capture Millage Rate
State Education Tax (SET) 6.00000 $ 616,337 $ 622,555 $ 628,834 $ 635,177 $ 641,583 $ 648,053 $ 654,588 $ 661,188 $ 15,709,744
School Operating Tax 17.98380 $ 1,847,347 $ 1,865,983 $ 1,884,805 $ 1,903,816 $ 1,923,016 $ 1,942,409 $ 1,961,996 $ 1,981,778 $ 47,086,816
School Total 23.9838 $ 2,463,684 $ 2,488,537 $ 2,513,640 $ 2,538,993 $ 2,564,599 $ 2,590,462 $ 2,616,584 $ 2,642,966 $ 62,796,559
Local Capture Millage Rate
County Museum 0.32200 $ 33,077 $ 33,410 $ 33,747 $ 34,088 $ 34,432 $ 34,779 $ 35,130 $ 35,484 $ 843,090
County Veterans 0.07150 $ 7,345 $ 7,419 $ 7,494 $ 7,569 $ 7,646 $ 7,723 $ 7,801 $ 7,879 $ 187,208
Senior Citzens Services 0.49990 $ 51,351 $ 51,869 $ 52,392 $ 52,921 $ 53,455 $ 53,994 $ 54,538 $ 55,088 $ 1,308,883
Central Dispatch 0.29999 $ 30,816 $ 31,127 $ 31,441 $ 31,758 $ 32,078 $ 32,402 $ 32,728 $ 33,058 $ 785,461
Community College 2.20340 $ 226,339 $ 228,623 $ 230,929 $ 233,258 $ 235,611 $ 237,987 $ 240,386 $ 242,810 $ 5,769,142
M.A.I.S.D 4.75410 $ 488,355 $ 493,281 $ 498,257 $ 503,282 $ 508,358 $ 513,485 $ 518,663 $ 523,892 $ 12,447,616
City Operating 10.07540 $ 1,034,974 $ 1,045,414 $ 1,055,960 $ 1,066,610 $ 1,077,367 $ 1,088,232 $ 1,099,206 $ 1,110,289 $ 26,380,326
City Sanitation 2.99790 $ 307,953 $ 311,059 $ 314,197 $ 317,366 $ 320,567 $ 323,800 $ 327,065 $ 330,362 $ 7,849,374
Hackley Library 2.39970 $ 246,504 $ 248,991 $ 251,502 $ 254,039 $ 256,601 $ 259,189 $ 261,802 $ 264,442 $ 6,283,112
MPS Sinking 0.99810 $ 102,528 $ 103,562 $ 104,607 $ 105,662 $ 106,727 $ 107,804 $ 108,891 $ 109,989 $ 2,613,316
County Operating 5.69780 $ 585,294 $ 591,199 $ 597,162 $ 603,185 $ 609,269 $ 615,413 $ 621,618 $ 627,886 $ 14,918,497
Local Total 30.3198 $ 3,114,535 $ 3,145,954 $ 3,177,688 $ 3,209,738 $ 3,242,110 $ 3,274,805 $ 3,307,827 $ 3,341,179 $ 79,386,023
Non-Capturable Millages Millage Rate
Community College Debt 0.34000 $ 34,926 $ 35,278 $ 35,634 $ 35,993 $ 36,356 $ 36,723 $ 37,093 $ 37,467 $ 890,219
Hackley Debt 0.45320 $ 46,554 $ 47,024 $ 47,498 $ 47,977 $ 48,461 $ 48,950 $ 49,443 $ 49,942 $ 1,186,609
MPS Debt - 1995 3.86000 $ 396,510 $ 400,510 $ 404,550 $ 408,630 $ 412,752 $ 416,914 $ 421,118 $ 425,364 $ 10,106,602
MPS Debt - 2009 3.50000 $ 359,530 $ 363,157 $ 366,820 $ 370,520 $ 374,257 $ 378,031 $ 381,843 $ 385,693 $ 9,164,017
Total Non-Capturable Taxes 8.1532 $ 837,520 $ 845,969 $ 854,502 $ 863,121 $ 871,826 $ 880,618 $ 889,497 $ 898,466 $ 21,347,447
1
Assumes 1% annual increase for inflation
Total Tax Increment Revenue (TIR) Available for Capture $ 5,578,218 $ 5,634,491 $ 5,691,327 $ 5,748,731 $ 5,806,709 $ 5,865,267 $ 5,924,411 $ 5,984,145 ##########
Notes-
Table 2 assumes incremental annual investment with
project completion in 2030.
For the purpose of Table 2 the new taxable value is
estimated based on 35% of a total overal investment
of $250,000,000
Z:\2020\201515\WORK\Rept\Brownfield Plan Amendment\TIF Tables\TB 1 TBL02 and TBL03_TIF_ Adelaide rev 100421, 10 mil Bond.xlsx
Table 2
Tax Increment Revenue Reimbursement Allocation
Table 2 - Estimate of Total Incremental Taxes Available for Reimbursement 1 of 2
1148 1204 West Western Avenue, Muskegon, Muskegon County, Michigan
Developer
Maximum School &
Reimbursement Local Taxes
State $ 178,977
Local 66,596,401 Estimated Years of Capture: 30 years (including 5 years for LBF capture)
TOTAL $ 66,775,378
EGLE N/A
MSF N/A
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042
Total State Incremental Revenue $ - $ 20,295 $ 335,082 $ 1,006,629 $ 1,258,459 $ 1,447,331 $ 2,076,906 $ 2,097,892 $ 2,119,087 $ 2,140,495 $ 2,162,117 $ 2,183,955 $ 2,206,011 $ 2,228,288 $ 2,250,787 $ 2,273,512 $ 2,296,464 $ 2,319,645 $ 2,343,058 $ 2,366,706 $ 2,390,590 $ 2,414,712
State Brownfield Redevelopment Fund (50% of SET) $ - $ 2,539 $ 41,914
State TIR Available for Reimbursement $ - $ 17,756 $ 293,169 $ 1,006,629 $ 1,258,459 $ 1,447,331 $ 2,076,906 $ 2,097,892 $ 2,119,087 $ 2,140,495 $ 2,162,117 $ 2,183,955 $ 2,206,011 $ 2,228,288 $ 2,250,787 $ 2,273,512 $ 2,296,464 $ 2,319,645 $ 2,343,058 $ 2,366,706 $ 2,390,590 $ 2,414,712
Total Local Incremental Revenue $ - $ 25,656 $ 423,604 $ 1,272,558 $ 1,590,915 $ 1,829,684 $ 2,625,578 $ 2,652,108 $ 2,678,903 $ 2,705,966 $ 2,733,300 $ 2,760,907 $ 2,788,790 $ 2,816,952 $ 2,845,396 $ 2,874,124 $ 2,903,139 $ 2,932,444 $ 2,962,043 $ 2,991,937 $ 3,022,131 $ 3,052,626
BRA Administrative Fee $ - $ 500 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000
Local TIR Available for Reimbursement $ - $ 25,156 $ 413,604 $ 1,262,558 $ 1,580,915 $ 1,819,684 $ 2,615,578 $ 2,642,108 $ 2,668,903 $ 2,695,966 $ 2,723,300 $ 2,750,907 $ 2,778,790 $ 2,806,952 $ 2,835,396 $ 2,864,124 $ 2,893,139 $ 2,922,444 $ 2,952,043 $ 2,981,937 $ 3,012,131 $ 3,042,626
Total State & Local TIR Available $ - $ 42,913 $ 706,772 $ 2,269,186 $ 2,839,374 $ 3,267,015 $ 4,692,484 $ 4,740,000 $ 4,787,990 $ 4,836,461 $ 4,885,417 $ 4,934,862 $ 4,984,801 $ 5,035,240 $ 5,086,183 $ 5,137,636 $ 5,189,603 $ 5,242,090 $ 5,295,101 $ 5,348,643 $ 5,402,720 $ 5,457,338
Beginning
DEVELOPER Balance
Developer Reimbursement Balance $ - $ - $ 915,624 $ 5,071,705 $ 14,816,198 $ 19,116,098 $ 22,741,220 $ 32,776,007 $ 34,414,807 $ 35,890,364 $ 34,854,118 $ 33,737,359 $ 32,535,775 $ 31,244,833 $ 29,859,775 $ 28,375,599 $ 26,787,049 $ 25,088,606 $ 23,274,470 $ 21,338,548 $ 19,274,442 $ 17,075,427 $ 14,734,441
Pre-Approved Environmental Costs $ 350,000 $ - $ 350,000 $ 322,442 $ -
State Tax Reimbursement $ 178,977 $ - $ 17,756 $ 161,221 $ -
Local Tax Reimbursement $ 186,377 $ - $ 25,156 $ 161,221 $ -
Interest (5%) $ 15,354 $ - $ 15,354 $ -
Total EGLE Reimbursement Balance $ - $ 322,442 $ - $ -
Local Only Costs $ 28,246,750 $ - $ 564,935 $ 4,830,195 $ 14,110,665 $ 18,205,808 $ 21,658,305 $ 31,215,245 $ 32,776,007 $ 34,414,807 $ 35,890,364 $ 34,854,118 $ 33,737,359 $ 32,535,775 $ 31,244,833 $ 29,859,775 $ 28,375,599 $ 26,787,049 $ 25,088,606 $ 23,274,470 $ 21,338,548 $ 19,274,442 $ 17,075,427
Local Tax Reimbursement $ 53,801,403 $ - $ - $ - $ - $ - $ - $ - $ - $ 233,508 $ 2,695,966 $ 2,723,300 $ 2,750,907 $ 2,778,790 $ 2,806,952 $ 2,835,396 $ 2,864,124 $ 2,893,139 $ 2,922,444 $ 2,952,043 $ 2,981,937 $ 3,012,131 $ 3,042,626
Interest (5%) $ 25,554,653 $ - $ 28,247 $ 241,510 $ 705,533 $ 910,290 $ 1,082,915 $ 1,560,762 $ 1,638,800 $ 1,709,065 $ 1,659,720 $ 1,606,541 $ 1,549,323 $ 1,487,849 $ 1,421,894 $ 1,351,219 $ 1,275,574 $ 1,194,696 $ 1,108,308 $ 1,016,121 $ 917,831 $ 813,116 $ 701,640
Total Local Only Reimbursement Balance $ - $ 593,182 $ 5,071,705 $ 14,816,198 $ 19,116,098 $ 22,741,220 $ 32,776,007 $ 34,414,807 $ 35,890,364 $ 34,854,118 $ 33,737,359 $ 32,535,775 $ 31,244,833 $ 29,859,775 $ 28,375,599 $ 26,787,049 $ 25,088,606 $ 23,274,470 $ 21,338,548 $ 19,274,442 $ 17,075,427 $ 14,734,441
Total Annual Developer Reimbursement $ - $ 42,912 $ 322,442 $ - $ - $ - $ - $ - $ 233,508 $ 2,695,966 $ 2,723,300 $ 2,750,907 $ 2,778,790 $ 2,806,952 $ 2,835,396 $ 2,864,124 $ 2,893,139 $ 2,922,444 $ 2,952,043 $ 2,981,937 $ 3,012,131 $ 3,042,626
Beginning
CITY OF MUSKEGON BONDED ACTIVITIES Balance
City of Muskegon Bond Reimbursement Balance $ - $ - $ 10,500,000 $ 10,759,998 $ 9,972,313 $ 8,810,967 $ 7,340,848 $ 4,961,532 $ 2,435,395 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Local Only Costs $ 10,000,000 $ - $ 10,000,000 $ 10,500,000 $ 10,759,998 $ 9,972,313 $ 8,810,967 $ 7,340,848 $ 4,961,532 $ 2,435,395 $ -
Local Tax Reimbursement $ 12,608,621 $ - $ - $ 252,383 $ 1,262,558 $ 1,580,915 $ 1,819,684 $ 2,615,578 $ 2,642,108 $ 2,435,395
Interest (5%) $ 2,608,621 $ 500,000 $ 512,381 $ 474,872 $ 419,570 $ 349,564 $ 236,263 $ 115,971 $ -
Total Local Only Reimbursement Balance $ 10,000,000 $ - $ 10,500,000 $ 10,759,998 $ 9,972,313 $ 8,810,967 $ 7,340,848 $ 4,961,532 $ 2,435,395 $ - $ -
Total Annual City of Muskegon Reimbursement $ - $ - $ 252,383 $ 1,262,558 $ 1,580,915 $ 1,819,684 $ 2,615,578 $ 2,642,108 $ 2,435,395 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
LOCAL BROWNFIELD REVOLVING FUND
LBRF Deposits *
State Tax Capture $ 178,977
Local Tax Capture $ 12,499,122
Total LBRF Capture $ 12,678,099
* Up to five years of capture for LBRF Deposits after
eligible activities are reimbursed. May be taken from
Local TIR only.
Z:\2020\201515\WORK\Rept\Brownfield Plan Amendment\TIF Tables\TB 1 TBL02 and TBL03_TIF_ Adelaide rev 100421, 10 mil Bond.xlsx
Table 2 - Estimate of Total Incremental Taxes Available for Reimbursement 2 of 2
1148 1204 West Western Avenue, Muskegon, Muskegon County, Michigan
Estimated Developer Capture $ 54,166,757
Estimated City of Muskegon Capture $ 12,608,621
BRA Administrative Fee $ 290,500
State Brownfield Redevelopment Fund $ 365,244
Local Brownfield Revolving Fund $ 12,678,099
2043 2044 2045 2046 2047 2048 2049 2050 2051 TOTAL
Total State Incremental Revenue $ 2,439,076 $ 2,463,684 $ 2,488,537 $ 2,513,640 $ 2,538,993 $ 2,564,599 $ 2,590,462 $ 2,616,584 $ 2,642,966 $ 62,796,559
State Brownfield Redevelopment Fund (50% of SET) $ 320,791 $ 365,244
State TIR Available for Reimbursement $ 2,439,076 $ 2,463,684 $ 2,488,537 $ 2,513,640 $ 2,538,993 $ 2,243,808 $ 2,590,462 $ 2,616,584 $ 2,642,966 $ 39,893,567
Total Local Incremental Revenue $ 3,083,426 $ 3,114,535 $ 3,145,954 $ 3,177,688 $ 3,209,738 $ 3,242,110 $ 3,274,805 $ 3,307,827 $ 3,341,179 $ 79,386,023
BRA Administrative Fee $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 290,500
Local TIR Available for Reimbursement $ 3,073,426 $ 3,104,535 $ 3,135,954 $ 3,167,688 $ 3,199,738 $ 3,232,110 $ 3,264,805 $ 3,297,827 $ 3,331,179 $ 79,095,523
Total State & Local TIR Available $ 5,512,502 $ 5,568,218 $ 5,624,491 $ 5,681,327 $ 5,738,731 $ 5,475,918 $ 5,855,267 $ 5,914,411 $ 5,974,145 $ 141,526,839
DEVELOPER
Developer Reimbursement Balance $ 12,244,066 $ 9,596,509 $ 6,783,583 $ 3,796,690 $ 626,800 $ - $ - $ - $ -
Pre-Approved Environmental Costs
State Tax Reimbursement $ 178,977
Local Tax Reimbursement $ 186,377
Interest (5%) $ 15,354
Total EGLE Reimbursement Balance $ -
Local Only Costs $ 14,734,441 $ 12,244,066 $ 9,596,509 $ 6,783,583 $ 3,796,690 $ 626,800
Local Tax Reimbursement $ 3,073,426 $ 3,104,535 $ 3,135,954 $ 3,167,688 $ 3,199,738 $ 626,800 $ 53,801,403
Interest (5%) $ 583,051 $ 456,977 $ 323,028 $ 180,795 $ 29,848 $ - $ 25,554,653
Total Local Only Reimbursement Balance $ 12,244,066 $ 9,596,509 $ 6,783,583 $ 3,796,690 $ 626,800 $ - $ - $ -
Total Annual Developer Reimbursement $ 3,073,426 $ 3,104,535 $ 3,135,954 $ 3,167,688 $ 3,199,738 $ 626,800 $ - $ - $ - $ 54,166,757
CITY OF MUSKEGON BONDED ACTIVITIES
City of Muskegon Bond Reimbursement Balance $ - $ - $ - $ - $ - $ - $ - $ - $ -
Local Only Costs
Local Tax Reimbursement $ 12,608,621
Interest (5%) $ 2,608,621
Total Local Only Reimbursement Balance $ -
Total Annual City of Muskegon Reimbursement $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 12,608,621
LOCAL BROWNFIELD REVOLVING FUND
LBRF Deposits *
State Tax Capture $ 178,977 $ 178,977
Local Tax Capture $ 2,605,310 $ 3,264,805 $ 3,297,827 $ 3,331,179 $ 12,499,122
Total LBRF Capture $ 12,678,099
* Up to five years of capture for LBRF Deposits after
eligible activities are reimbursed. May be taken from
Local TIR only.
Z:\2020\201515\WORK\Rept\Brownfield Plan Amendment\TIF Tables\TB 1 TBL02 and TBL03_TIF_ Adelaide rev 100421, 10 mil Bond.xlsx
Attachment A
Conceptual Renderings
Attachment B
Environmental Data Tables and Map
LEGEND
Approximate Property Boundary
@
A Groundwater Sample Location
H
! Soil Gas Sample Location
H
! Soil Sample Location
Units-
Soil samples µg/Kg
Groundwater samples µg/L
Blue shading indicates a groundwater sample.
Yellow shading indicates a soil sample.
Hard copy is
intended to be
8.5"x11" when
plotted. Scale(s)
indicated and
graphic quality may
not be accurate for
any other size.
1148 & 1204 West Western Ave., Muskegon, Muskegon County MI 49441
Leestma Management, LLC
Baseline Environmental Assessment
SB-07(2-3')
12/30/2
Arsenic 19,000
Cadmium 13,000 SB-04 (4-5')
Chromium, Total 190,000 12/30/20
Copper 430,000 Chromium, Total 30,000
Selenium 560 Selenium 600
TW-03
H SB-07
! 12/30/20 H SB-04
!
Benzene 9.7
Cadmium 7.2
Chromium, Total 33
Copper 150
SB-06 (1-2')
Lead 180 SB-03 (3-4')
12/30/20
Mercury 0.65 12/30/20
Chromium, Total 14,000
Zinc 190 Chromium, Total 27,000
Selenium 960
Selenium 1,100
H SB-06
! TW-03 @
A H SB-03
! SB-02 (4-5')
12/30/20
Arsenic 5,900
SB-01 (4-5') Cadmium 8,100
PLOT INFO: Z:\2020\201515\CAD\GIS\mapdoc\BEA\FIG05_ExceedanceMap.mxd Date: 1/18/2021 12:29:56 PM User: bahannah
H SB-05
! 12/30/20 Chromium, Total 24,000
SB-05(2-3') Tetrachloroethene 170 Selenium 1,000
12/30/20 Chromium, Total 6,700
Cadmium 4,900 Selenium 1,400
Chromium, Total 49,000
H SB-02
!
Copper 76,000 H SB-01
Selenium 770 H!
!
SG-03 H
!
H
! SG-04
SG-01
TW-01 @
A
H
!
SG-02
TW-02 @
A
PROJECT NO.
201515
SAMPLE EXCEEDANCE
Source: Esri, Maxar, MAP
GeoEye, Earthstar Geographics, CNES/Airbus
DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community, FIGURE NO.
4
Esri, HERE, Garmin, (c) OpenStreetMap contributors, Esri, HERE,
FEET
NORTH 0 Garmin,
150(c) OpenStreetMap
300 contributors, and the GIS user
community
©Copyright 2021 All Rights Reserved
Fishbeck | 1 of 1
Table 1 - Soil Data Summary
Baseline Environmental Assessment
Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, MI
December 2020
Sample Location: SB-01 SB-01 SB-02 SB-03 SB-04 SB-05 SB-06 SB-07 FB-01
Statewide Finite VSIC Finite VSIC
Depth Interval (ft): (4-5) (4-5) (4-5) (3-4) (4-5) (2-3) (1-2) (2-3) Drinking Water Soil Volatilization to Infinite Particulate Direct Soil Saturation
Default GSIP for 5 Meter for 2 Meter
Investigative/Field Duplicate/QC: Investigative Duplicate Investigative Investigative Investigative Investigative Investigative Investigative QC Protection Indoor Air Inhalation Source Soil Inhalation Contact Concentration
Background Criteria (1) Source Source
Laboratory ID: 20L0979-01 20L0979-02 20L0979-03 20L0979-04 20L0979-05 20L0979-06 20L0979-07 20L0979-08 20L0979-09 Criteria (1) Criteria (1) VSIC (1) Criteria (1) Criteria (1) SL (1)
Levels (1) Thickness (1) Thickness (1)
Collection Date: 12/30/20 12/30/20 12/30/20 12/30/20 12/30/20 12/30/20 12/30/20 12/30/20 12/30/20
Volatile Organic Compounds CAS Number
Tetrachloroethene 127-18-4 170 150 58 U 57 U 50 U 50 U 61 U 50 U 50 U NA 100 1,200 (X) 11,000 1.70E+05 4.80E+05 1.10E+06 2.70E+09 2.00E+05 (C) 88,000
Polynuclear Aromatic Compounds CAS Number
Benzo(a)pyrene 50-32-8 330 U 330 U 350 330 UJ 330 U 330 U 330 UJ 430 -- NA NLL NLL NLV NLV NLV NLV 1.50E+06 2,000 NA
Benzo(b)fluoranthene 205-99-2 330 U 400 550 330 UJ 330 U 330 U 330 UJ 520 -- NA NLL NLL ID ID ID ID ID 20,000 NA
Metals, Total CAS Number
Arsenic (B) 7440-38-2 4,000 J 3,600 5,900 2,000 U 3,500 4,900 2,000 U 19,000 -- 5,800 4,600 4,600 NLV NLV NLV NLV 7.20E+05 7,600 NA
Barium (B) 7440-39-3 15,000 18,000 10,000 15,000 23,000 16,000 11,000 100,000 -- 75,000 1.30E+06 4.40E+05 (G) NLV NLV NLV NLV 3.30E+08 3.70E+07 NA
Cadmium (B) 7440-43-9 1,700 1,600 8,100 2,400 3,600 4,900 720 13,000 -- 1,200 6,000 3,600 (G,X) NLV NLV NLV NLV 1.70E+06 5.50E+05 NA
Chromium, Total (B, H) 7440-47-3 6,700 5,900 24,000 27,000 30,000 49,000 14,000 190,000 -- 18,000 (total) 30,000 3,300 NLV NLV NLV NLV 2.60E+05 2.50E+06 NA
Copper (B) 7440-50-8 38,000 J 20,000 34,000 34,000 53,000 76,000 12,000 430,000 -- 32,000 5.80E+06 75,000 (G) NLV NLV NLV NLV 1.30E+08 2.00E+07 NA
Lead (B) 7439-92-1 22,000 20,000 34,000 27,000 19,000 20,000 12,000 66,000 -- 21,000 7.00E+05 5.10E+06 (G,X) NLV NLV NLV NLV 1.00E+08 4.00E+05 NA
Mercury (Total) (B) 7439-97-6 50 U 50 U 50 U 57 50 U 64 50 U 50 U -- 130 1,700 50 (M); 1.2 48,000 52,000 52,000 52,000 2.00E+07 1.60E+05 NA
Selenium (B) 7782-49-2 1,400 1,400 1,000 1,100 600 770 960 560 -- 410 4,000 400 NLV NLV NLV NLV 1.30E+08 2.60E+06 NA
Silver (B) 7440-22-4 490 U 470 U 490 U 490 U 490 U 460 U 470 U 430 U -- 1,000 4,500 100 (M); 27 NLV NLV NLV NLV 6.70E+06 2.50E+06 NA
Zinc (B) 7440-66-6 15,000 14,000 23,000 47,000 40,000 62,000 33,000 74,000 -- 47,000 2.40E+06 1.70E+05 (G) NLV NLV NLV NLV ID 1.70E+08 NA
Solids, Total (%) -- 90 91 88 89 89 90 87 92 -- -- -- -- -- -- -- -- -- -- --
Results expressed in µg/Kg dry weight (except for FB-01, which is µg/Kg wet weight).
Bolded values exceed Statewide Default Background Level and an applicable criterion or screening level.
Italicized values are below Statewide Default Background Level but exceed an applicable criterion or screening level.
Underlined parameters are classified as Polynuclear Aromatic Compounds.
Data Qualifiers:
J Estimated value
U Not detected
Footnotes/Abbreviations:
(1)
Part 201 Residential Soil Generic Cleanup Criteria and Screening Levels/Part 213 Risk-based Screening Levels, December 30, 2013 (GSI Criteria Updated June 25, 2018).
(2)
EGLE Volatilization to Indoor Air Pathway Screening Levels, September 4, 2020.
(B) Background, as defined in R 299.5701(b), may be substituted if higher than the calculated criterion.
(C) Value is screening level based on the chemical-specific generic soil saturation concentration (Csat).
(G) Criterion dependent on receiving surface water (SW) hardness; calculated criteria based on water hardness of 150 mg/L.
(H) Data provided for total chromium only; evaluated against hexavalent chromium criteria.
(J) Hazardous substance may be present in several isomer forms. Isomer-specific concentrations must be added together for comparison to criteria.
(JT) Hazardous substance may be present in several isomer forms. The VIAP SL may be used for the individual isomer provided that it is the sole isomer detected; however, when multiple isomers are detected in a medium, the isomer-specific concentrations must be added together and compared to the most restrictive VIAP SL of the detected isomers.
(M) Calculated criterion is below the target detection limit (TDL); first number is the criterion (TDL), the second is the risk-based value.
(M*) The VIAP SL may be below TDL. In accordance with Sec. 20120a(10) when the TDL for a hazardous substance is greater than the developed VIAP SL, the TDL is used to evaluate the risk posed from the pathway.
(W) Concentrations of trihalomethanes must be added together to determine compliance with criterion.
(X) Criterion is not protective for SW used as a drinking water (DW) source.
(DD) Hazardous substance causes developmental effects. Residential VIAP SLs are protective of both prenatal exposure using a pregnant female receptor and postnatal exposure using a child receptor. Prenatal developmental effects may occur after an acute (i.e. short- term) or full-term exposure.
(EE) The acceptable air concentration (AAC) for the volatile hazardous substances is not derived using standard equations. The hazardous substance may cause adverse human health effects for less than chronic exposures (i.e. short-term or acute). The AAC for these hazardous substances is the acute or intermediate minimum risk level (MRL) developed by the Agency for Toxic Substances and Disease
Registry (ATSDR), a USEPA Integrated Risk Information System (IRIS) acute reference concentration, or an acute initial threshold screening level (ITSL) by the EGLE’s Air Quality Division.
(MM) Hazardous substance is a carcinogen with a mutagenic mode of action. The cancer potency values used in calculating VIAP SLs are modified using age-dependent adjustment factors for those carcinogenic chemicals identified as mutagenic.
DATA Insufficient physical chemical parameters to calculate a VIAP SL for specified media. If detections are present in specified media, health-based soil vapor value should be used to evaluate risk.
GSIP groundwater surface water interface protection
ID Insufficient data to develop criterion.
NA not available
NLL Not likely to leach under most soil conditions.
NLV Not likely to volatilize under most conditions.
SL screening level
VIAP volatilization to indoor air pathway
VSIC volatile soil inhalation criteria
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Fishbeck | 1 of 1
Table 2 - Groundwater Data Summary
Baseline Environmental Assessment
Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, MI
December 2020
Monitoring Location: TW-01 TW-02 TW-03 TW-03 TB-01
Residential Flammability
Field Duplicate: Duplicate Residential GSI Water
(1) (1) Groundwater (1) and Explosivity
Laboratory ID: 20L0979-10 20L0979-11 20L0979-12 20L0979-14 20L0979-15 DWC Criteria (1) Solubility (1)
VIAIC SL
Collection Date: 12/30/20 12/30/20 12/30/20 12/30/20 12/30/20
Volatile Organic Compounds CAS Number
Benzene 71-43-2 1U 1U 9.7 9.9 1U 5.0 200 (X) 5,600 1.75E+06 68,000
Polychlorinated Biphenyls CAS Number
Total PCBs (J) 1336-36-3 0.2 U 0.2 U 0.2 UJ 0.2 UJ -- 0.50 0.20 (M); 2.60E-05 45 (S) 44.7 ID
Metals, Total CAS Number
Arsenic (B) 7440-38-2 5U 5U 7.7 7.9 -- 10 10 NLV NA ID
Barium (B) 7440-39-3 100 U 100 U 220 240 -- 2,000 670 (G) NLV NA ID
Cadmium (B) 7440-43-9 1U 1U 7.2 7.3 -- 5.0 3.0 (G,X) NLV NA ID
Chromium, Total (B, H) 7440-47-3 10 U 10 U 33 34 -- 100 11 NLV NA ID
Copper (B) 7440-50-8 5U 5U 150 150 -- 1,000 (E) 13 (G) NLV NA ID
Lead (B) 7439-92-1 3U 3U 180 180 -- 4.0 (L) 34 (G,X) NLV NA ID
Mercury (B) 7439-97-6 0.2 U 0.2 U 0.65 0.61 -- 2.0 0.0013 56 (S) 56 ID
Selenium (B) 7782-49-2 5U 5U 5U 5U -- 50 5.0 NLV NA ID
Silver (B) 7440-22-4 1U 1U 1U 1U -- 34 0.20 (M); 0.060 NLV NA ID
Zinc (B) 7440-66-6 50 U 50 U 190 190 -- 2,400 170 (G) NLV NA ID
Results expressed in µg/L.
Bolded values exceed an applicable criterion and/or screening level.
Underlined compounds classified as polynuclear aromatic compounds.
Data Qualifiers:
J Estimated value
U Not detected above the given limit
Footnotes/Abbreviations:
(1)
Part 201 Groundwater Generic Cleanup Criteria/Part 213 Tier 1 Risk-based Screening Levels, January 10, 2018 (GSI Criteria Updated June 25, 2018).
(2)
EGLE Volatilization to Indoor Air Pathway Screening Levels, September 4, 2020.
(B) Background, as defined in R 299.5701(b), may be substituted if higher than the calculated criterion.
(E) Aesthetic drinking water (DW) value. Notice of aesthetic impact may be employed as an institutional control if concentration exceeds the aesthetic DWC but not the health-based DW value.
(G) Criterion dependent on receiving surface water (SW) hardness; calculated criteria based on water hardness of 150 mg/L.
(H) Data provided for total Chromium only; compare to hexavalent Chromium criteria.
(J) Substance present in several isomer forms; isomer concentrations must be added together for comparison to criteria.
(JT) Substance present in several isomer forms. The VIAP SL may be used for the individual isomer provided that it is sole isomer detected; however, when multiple isomers are detected in a medium,
(L) Concentrations up to the State action level of 15 µg/L may still allow for DW use if soil concentrations are below 400 mg/Kg.
(M) Calculated criterion is below the target detection limit (TDL); first number is the criterion (TDL), the second is the risk-based value.
(M*) The VIAP SL may be below target detection limits (TDL). In accordance with Sec. 20120a(10) when the TDL for a hazardous substance is greater than the developed VIAP SL, the TDL is used to
(S) Criterion defaults to the hazardous substance-specific water solubility limit.
(W) Concentrations of trihalomethanes must be added together to determine compliance with the DWC.
(X) Criterion is not protective for SW used as a DW source.
(AA) Use 10,000 µg/L where GW enters a structure through the use of a water well, sump or other device. Use 28,000 µg/L for all other uses.
(CC) Insufficient chemical-physical input parameters have been identified to allow the development of a VIAP SL using standard equations. The VIAP SL for GW is developed based solely on the approach that the department uses for shallow GW. If GW detections
are present, soil vapor may be the most appropriate media to evaluate risk.
(DD) Hazardous substance causes developmental effects. Residential VIAP SLs are protective of both prenatal exposure using a pregnant female receptor and postnatal exposure using a child receptor. Prenatal developmental effects may occur after an acute (i.e. short- term) or full-term exposure.
(EE*) The acceptable air concentration (AAC) for the volatile hazardous substance is not derived using standard equations. The hazardous substance may cause adverse human health effects for less than chronic exposures (i.e. short-term or acute). The AAC for this
hazardous substance is the acute or intermediate minimum risk level (MRL) developed by the Agency for Toxic Substances and Disease Registry (ATSDR), a USEPA Integrated Risk Information System (IRIS) acute reference concentration, or an acute initial
(FF*) The AAC for the volatile hazardous substances are based on toxicity values that have been identified to have the potential to cause adverse human health effects for less than chronic exposures (i.e. short-term or acute). The short-term exposure for shallow
groundwater VIAP SLs are based on modification of the standard equations by the department to develop applicable shallow groundwater VIAP SLs.
(MM) Hazardous substance is a carcinogen with a mutagenic mode of action. The cancer potency values used in calculating VIAP SLs are modified using age-dependent adjustment factors for those carcinogenic chemicals identified as mutagenic.
DWC drinking water criterion
GSI groundwater surface water interface
ID Insufficient data to develop criterion.
NA not available
NLV Not likely to volatilize under most conditions.
SL screening level
TX The Remediation and Redevelopment Division Toxicology Unit has not identified an inhalation toxicity value for the hazardous substance at the date of publication of these values.
VIAIC volatilization to indoor air inhalation criteria
VIAP volatilization to indoor air pathway
\\ftch\allprojects\2020\201515\WORK\Rept\BEA\TBL02_DataSummary-GW-Res_2021_0114.xlsx 1/19/2021
Attachment C
Resolutions Approving the Brownfield Plan
Amendment
Attachment D
Reimbursement Agreement
DEVELOPMENT AND REIMBURSEMENT AGREEMENT
This DEVELOPMENT AND REIMBURSEMENT AGREEMENT (the “Agreement”)
is made on _________, ______, by and among the CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT AUTHORITY, a Michigan public body corporate
whose address is 933 Terrace Street, Muskegon, Michigan 49443 (the “Authority”), the
CITY OF MUSKEGON, a public body corporate whose address is 933 Terrace Street,
Muskegon, Michigan 49443 (the “City”), and Adelaide Pointe QOZB, LLC, a Michigan
limited liability company whose address is 1204 West Western Avenue, Muskegon,
Michigan 49441 (the “Developer”).
RECITALS
A. Pursuant to P.A. 381 of 1996, as amended (“Act 381”), the Authority
approved and recommended a Brownfield Plan which was duly approved by the City (the
“Plan”). The Plan was amended on _________ (the “Amendment,” and, together with
the Plan, the “Brownfield Plan” – See Exhibit A) to identify a new marina, boat storage,
commercial/residential redevelopment project proposed by Developer and the City.
B. The Brownfield Plan includes specific eligible activities associated with the
Developer’s plan to develop approximately 35 acres of land located at 1148 & 1204 West
Western Avenue in Muskegon, Michigan (collectively, the “Developer Property”).
C. The Brownfield Plan also includes specific eligible activities associated with
the City’s plan to make improvements to the public infrastructure associated with the
development.
D. The Developer owns the Developer Property, which is included in the
Brownfield Plan as an “eligible property” because it was determined to be a “facility”, as
defined by Part 201 of the Natural Resources and Environmental Protection Act (“Part
201”), or adjacent and contiguous to an “eligible property.”
E. The Developer intends to conduct eligible activities on the Developer
Property including revitalizing existing site structures for boat storage, busines offices,
and lease space (approx. 218,000 sf); creation of a new 280 slip marina and construction
of a three-story, mixed-use building with ground level retail and office space, a second-
floor restaurant, and third floor deck area (approx. 7,500 sf); 50 boat condos (totaling
approx. 250,000 gross sf); and 250 - 300 residential condo units (averaging approx. 1,500
sf each) within a six building footprint (the “Project”), including department specific
activities, demolition, site preparation and infrastructure improvement activities, a 15%
contingency and brownfield plan/work plan preparation and development, as described
in the Brownfield Plan, with an estimated cost of $54,166,757 (the “Developer Eligible
Activities”). As part of the Project, the City also intends to conduct certain eligible public
infrastructure improvement activities, as described in the Brownfield Plan, with an
estimated cost of $12,608,621 (the “City Eligible Activities”). All of the Developer
Eligible Activities and the City Eligible Activities (together, the “Eligible Activities”) are
eligible for reimbursement under Act 381. The total cost of the Eligible Activities, including
contingencies, are $66,775,378 (the “Total Eligible Brownfield TIF Costs”).
F. Act 381 permits the Authority to capture and use local and certain school
property tax revenues generated from the incremental increase in property value of a
redeveloped brownfield site constituting an “eligible property” under Act 381 (the
“Brownfield TIF Revenue”) to pay or to reimburse the payment of Eligible Activities
conducted on the “eligible property.” The Brownfield TIF Revenue will be used to
reimburse the Developer for the Developer Eligible Activities and the City for the City
Eligible Activities incurred and approved for the Project.
G. In accordance with Act 381, the parties desire to establish the procedure for
using the available Brownfield TIF Revenue generated from the Property to reimburse the
Developer and the City for completion of Eligible Activities on the Property in an amount
not to exceed the Total Eligible Brownfield TIF Costs.
NOW, THERFORE, the parties agree as follows:
1. Reimbursement Source.
(a) During the Term (as defined below) of this Agreement, and except as set
forth in paragraph 2 below, the Authority shall reimburse the Developer and City for the
costs of their Eligible Activities conducted on the Developer Property from the Brownfield
TIF Revenue collected from the real and taxable personal property taxes on the
Developer Property. The amount reimbursed to the Developer and City, respectively, for
their Eligible Activities shall not exceed the Total Eligible Brownfield TIF Costs, and
reimbursements shall be made on approved costs submitted and approved in connection
with the Developer Eligible Activities and the City Eligible Activities, as follows:
(i) the Authority shall first pay 100% of available Brownfield TIF Revenue to
the City to reimburse the cost of City Eligible Activities up to $12,608,621 for costs;
and
(ii) the Authority shall, following reimbursement to the City of the first
$12,608,621 described in 1(a)(i) above, pay 100% of available Brownfield TIF
Revenue to Developer to reimburse the cost of the remaining Developer Eligible
Activities submitted and approved for reimbursement by the Authority until
Developer is fully reimbursed; and
(b) The Authority shall capture Brownfield TIF Revenue from the Property and
reimburse the Developer and City for their Eligible Activities until the earlier of the City
and Developer each being fully reimbursed or December 31, 2051. Unless otherwise
prepaid by the Authority, payments to the City and Developer shall be made on a semi-
annual basis as incremental local taxes are captured and available.
2
2. Developer Reimbursement Process.
(a) The Developer shall submit to the Authority, not more frequently than on a
quarterly basis, a “Request for Cost Reimbursement” for Developer Eligible Activities paid
for by the Developer during the prior period. All costs for the Developer Eligible Activities
must be consistent with the approved Brownfield Plan. The Developer must include
documentation sufficient for the Authority to determine whether the costs incurred were
for Developer Eligible Activities, including detailed invoices and proof of payment. Copies
of all invoices for Developer Eligible Activities must note what Developer Eligible Activities
they support.
(b) Unless the Authority disputes whether such costs are for Developer Eligible
Activities within thirty (30) days after receiving a Request for Cost Reimbursement from
the Developer, the Authority shall pay the Developer the amounts for which submissions
have been made pursuant to paragraph 2(a) of this Agreement in accordance with the
priority set forth in paragraph 1, from which the submission may be wholly or partially paid
from available Brownfield TIF Revenue from the Developer Property.
(i) The Developer shall cooperate with the Authority’s review of its
Request for Cost Reimbursement by providing supplemental information and
documentation which may be reasonably requested by the Authority.
(ii) If the Authority determines that requested costs are ineligible for
reimbursement, the Authority shall notify the Developer in writing of its reasons for
such ineligibility within the Authority’s thirty (30) day period of review. The
Developer shall then have thirty (30) days to provide supplemental information or
documents to the Authority demonstrating that the costs are for Developer Eligible
Activities and are eligible for reimbursement.
(c) If a partial payment is made to the Developer by the Authority because of
insufficient Brownfield TIF Revenue captured in the semi-annual period for which
reimbursement is sought, the Authority shall make additional payments toward the
remaining amount within thirty (30) days of its receipt of additional Brownfield TIF
Revenue from the Developer Property until all of the amounts for which submissions have
been made have been fully paid to the Developer, or by the end of the Term (as defined
below), whichever occurs first. The Authority is not required to reimburse the Developer
from any source other than Brownfield TIF Revenue.
(d) The Authority shall send all payments to the Developer by registered or
certified mail, addressed to the Developer at the address shown above, or by electronic
funds transfer directly to the Developer’s bank account. The Developer may change its
address by providing written notice sent by registered or certified mail to the Authority.
3. City Reimbursement Process.
(a) The City shall submit to the Authority, not more frequently than on a
quarterly basis, a “Request for Cost Reimbursement” for City Eligible Activities paid for
by the City during the prior period. All costs for the City Eligible Activities must be
3
consistent with the approved Brownfield Plan. The City must include documentation
sufficient for the Authority to determine whether the costs incurred were for City Eligible
Activities, including detailed invoices and proof of payment. Copies of all invoices for City
Eligible Activities must note what City Eligible Activities they support.
(b) Unless the Authority disputes whether such costs are for City Eligible
Activities within thirty (30) days after receiving a Request for Cost Reimbursement from
the City, the Authority shall pay the City the amounts for which submissions have been
made pursuant to paragraph 3(a) of this Agreement in accordance with the priority set
forth in paragraph 1, from which the submission may be wholly or partially paid from
available Brownfield TIF Revenue from the Developer Property.
(i) The City shall cooperate with the Authority’s review of its Request for
Cost Reimbursement by providing supplemental information and documentation
which may be reasonably requested by the Authority.
(ii) If the Authority determines that requested costs are ineligible for
reimbursement, the Authority shall notify the City in writing of its reasons for such
ineligibility within the Authority’s thirty (30) day period of review. The City shall
then have thirty (30) days to provide supplemental information or documents to the
Authority demonstrating that the costs are for City Eligible Activities and are eligible
for reimbursement.
(c) If a partial payment is made to the City by the Authority because of
insufficient Brownfield TIF Revenue captured in the semi-annual period for which
reimbursement is sought, the Authority shall make additional payments toward the
remaining amount within thirty (30) days of its receipt of additional Brownfield TIF
Revenue from the Developer Property until all of the amounts for which submissions have
been made have been fully paid to the City, or by the end of the Term (as defined below),
whichever occurs first. The Authority is not required to reimburse the City from any source
other than Brownfield TIF Revenue.
(d) The Authority shall send all payments to the City by registered or certified
mail, addressed to the City at the address shown above, or by electronic funds transfer
directly to the City’s bank account. The City may change its address by providing written
notice sent by registered or certified mail to the Authority.
4. Term of Agreement.
The Authority’s obligation to reimburse the City and Developer for the Total Eligible
Brownfield TIF Costs incurred by each party under this Agreement shall terminate the
earlier of the date when all reimbursements to the City and Developer required under this
Agreement have been made or December 31, 2051 (the “Term”). If the Brownfield TIF
Revenue ends before all of the Total Eligible Brownfield TIF Costs have been fully
reimbursed to the City and Developer, the last reimbursement payment by the Authority
shall be paid from the summer and winter tax increment revenue collected during the final
year of this Agreement.
4
5. Adjustments.
If, due to an appeal of any tax assessment or reassessment of any portion of the
Developer Property, or for any other reason, the Authority is required to reimburse any
Brownfield TIF Revenue to any tax levying unit of government, the Authority may deduct
the amount of any such reimbursement, including interest and penalties, from any
amounts due and owing to the Developer and City. If all amounts due to the City and
Developer under this Agreement have been fully paid or the Authority is no longer
obligated to make any further payments to the City or Developer, the Authority shall
invoice the Developer and City for the amount of such reimbursement and the Developer
and City shall pay the Authority such invoiced amount within thirty (30) days of the receipt
of the invoice. Amounts withheld by or invoiced and paid to the Authority by the Developer
and City pursuant to this paragraph shall be reinstated as Developer Eligible Activities
and City Eligible Activities, respectively, for which the Developer and City shall have the
opportunity to be reimbursed in accordance with the terms, conditions, and limitations of
this Agreement. Nothing in this Agreement shall limit the right of the Developer to appeal
any tax assessment.
6. Legislative Authorization.
This Agreement is governed by and subject to the restrictions set forth in Act 381.
If there is legislation enacted in the future that alters or affects the amount of Brownfield
TIF Revenue subject to capture, eligible property, or Eligible Activities, then the
Developer’s and City’s rights and the Authority’s obligations under this Agreement shall
be modified accordingly as required by law, or by agreement of the parties.
7. Notices.
All notices shall be given by registered or certified mail addressed to the parties at
their respective addresses as shown above. Any party may change the address by
written notice sent by registered or certified mail to the other party.
8. Assignment.
This Agreement and the rights and obligations under this Agreement shall not be
assigned or otherwise transferred by any party without the consent of the other party,
which shall not be unreasonably withheld, provided, however, the Developer and City
may assign their interest in this Agreement to an affiliate without the prior written consent
of the Authority if such affiliate acknowledges its obligations to the Authority under this
Agreement upon assignment in writing on or prior to the effective date of such
assignment, provided, further, that the Developer and City may each make a collateral
assignment of their share of the Brownfield TIF Revenue for project financing purposes.
As used in this paragraph, “affiliate” means any corporation, company, partnership,
limited liability company, trust, sole proprietorship or other entity or individual which (a) is
owned or controlled by the Developer or City, (b) owns or controls the Developer or City
or (c) is under common ownership or control with the Developer or City. This Agreement
5
shall be binding upon and inure to the benefit of any successors or permitted assigns of
the parties.
9. Entire Agreement.
This Agreement supersedes all agreements previously made between the parties
relating to the subject matter. There are no other understandings or agreements between
the parties.
10. Non-Waiver.
No delay or failure by either party to exercise any right under this Agreement, and
no partial or single exercise of that right, constitutes a waiver of that or any other right,
unless otherwise expressly provided herein.
11. Governing Law.
This Agreement shall be construed in accordance with and governed by the laws
of the State of Michigan.
12. Counterparts.
This Agreement may be executed in two or more counterparts, each of which shall
be deemed an original but all of which together shall constitute one and the same
instrument.
[Signature page follows]
6
The parties have executed this Agreement on the date set forth above.
CITY OF MUSKEGON BROWNFIELD
REDEVELOPMENT AUTHORITY
_______________________________
By:
Its:
CITY OF MUSKEGON
_______________________________
By:
Its:
ADELAIDE POINTE QOZB, LLC
_______________________________
By:
Its:
19886336-2
Signature Page to Development and Reimbursement Agreement
EXHIBIT A
Copy of Brownfield Plan
8
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 26, 2021 Title: Establishment of an Obsolete Property
District – 221 W Webster Ave
Submitted By: Mike Franzak Department: Planning
Brief Summary: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, 221 W Webster LLC and
Western Land Co LLC (Divisions of Core Development Corp), have requested the establishment of an
Obsolete Property District for their property at 221 W Webster Ave. The establishment of the Obsolete
Property District would allow them to apply for an Obsolete Property Rehabilitation Exemption Certificate.
Detailed Summary: This is the former Huntington Bank property downtown.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to establish an Obsolete Property District at 221 W
Webster Ave.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. _____
A resolution establishing an Obsolete Property Rehabilitation District.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
A. The City of Muskegon has been designated as a qualified local government unit for the purpose of establishing
Obsolete Property Rehabilitation Districts and approving Applications for Obsolete Property Rehabilitation Exemption
Certificates.
B. The area located in the land described in this resolution is known to the City Commission and is clearly characterized
by the presence of obsolete commercial property, and the land and improvements are obsolete commercial property.
C. Notice has been given by certified mail to the owners of all real property within the proposed Obsolete Property
Rehabilitation District and a hearing has been held offering an opportunity to all owners and any other resident or
taxpayer of the City to appear and be heard. Said notice was given at least ten (10) days before the hearing.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
1. That the property described in this resolution and proposed as an Obsolete Property Rehabilitation District is
characterized by obsolete commercial property.
2. That the obsolete commercial property, the subject of this resolution, as is described in Attachment A.
3. That the City Commission hereby establishes an Obsolete Property Rehabilitation District on the lands and parcels set
forth in the attached description.
This resolution passed.
Ayes __________________________________________________________________
Nays __________________________________________________________________
CITY OF MUSKEGON
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on October 26, 2021. 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 ___________________________
Ann Meisch, City Clerk
ATTACHMENT A: PROPERTY DESCRIPTION
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 TO 9 INCL BLK 333
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 26, 2021 Title: Issuance of an Obsolete Property
Certificate
Submitted By: Mike Franzak Department: Planning
Brief Summary: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, 221 W Webster LLC and
Western Land Co, LLC (Divisions of Core Development), have requested the issuance of an Obsolete
Property Certificate for their property located at 221 W Webster Ave. Total capital investment for this project
is estimated to be $6,000,000.
Detailed Summary: The applicant has requested the full 12-year abatement, however, after
reviewing the tax abatement policy, the tax abatement committee is recommending an eight-year
abatement. Please see the tax abatement scoring sheet below. Please also see the answers to
questions A through F on the tax abatement application.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to establish an Obsolete Property Certificate for a
length of eight (8) years, with no extensions granted.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Application Answers
Tax Abatement Committee Scoring Sheet & Answers
Cognate Possible Answer Points
Points Awarded
Taxable Value: The City will consider 0-5 $3,000,000 in taxable value creation 5
the estimated additional tax base that
the development will generate based
on plan review, assessor's analysis and
permit fees. 1 point awarded for
$150,000 to $249,999 in taxable value,
2 points awarded for $250,000 to
$499,999, 3 points awarded for
$500,000 to $749,999, and 4 points
awarded for $750,000 to $999,999,
and 5 points for taxable value creation
over $1,000,000.
LOCATION: An additional two points 0-2 It is within the map boundaries 2
will be awarded to a development if it
is proposed in one of the City's
identified Commercial or Residential
Redevelopment Areas (map attached).
NEW BUSINESS: An additional point 0-1 “Depending on our lease tenants, we may 0
will be awarded if the development is very well assist new business with the
being proposed by a commercial entity project, but specifics would not be
or housing developer that is new to available just yet”
the City of Muskegon.
RESIDENT HIRING: An additional point 0-1 “We can certainly commit to using 1
will be awarded if the proposed contractors for services from within the
development will commit to employing City. Employment we will have, in the
30% of its full time staff from within entities we can control, can certainly focus
the city limits or by retaining on Muskegon residents and we do have
contractors for services from within many current team members that live
the city limits. within the City as Core Realty will be
housed on the 2nd floor. I know it is
currently less than 30%, however”
MINORITY OWNER/OPERATOR: An “The development will not be owned or 0
additional point will be awarded if the managed by a minority owned entity.”
proposed business or development is
owned or managed by a federally
recognized ethnic minority.
TOTAL 8
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO.
A resolution approving the application for an Obsolete Property Rehabilitation Exemption Certificate by 221 W Webster LLC
and Western Land Co., LLC (Divisions of Core Development Corp.).
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
A. The City Commission has received an Application for an Obsolete Property Rehabilitation Exemption Certificate from
221 W Webster LLC and Western Land Co., LLC (Divisions of Core Development Corp.) to apply to the improvements
located in an Obsolete Property Rehabilitation District established by previous resolution. All items described under
“Instructions” (a) through (f) of the application for Obsolete Property Rehabilitation Exemption Certificate have
been provided to the City of Muskegon, the Qualified Local Government Unit, by the applicant.
B. The City of Muskegon is a qualified local governmental unit as determined by STC Bulletin No. 9 of 2000, dated July
12, 2000.
C. An Obsolete Property Rehabilitation District in which the application property is located was established after a hearing
on October 26, 2021.
D. The taxable value of the property proposed to be exempt, plus the aggregate taxable value of properties already
exempted under PA 146 of 2000 and under PA 198 of 1974, does not exceed five percent (5%) of the total taxable
value of the City of Muskegon.
E. In the event it is determined that the said taxable values do exceed five percent (5%), the City Commission determines
further that the said exceedance will not have the effect of substantially impeding the operation of the City of Muskegon
or impairing the financial soundness of any affected taxing units.
F. This resolution of approval is considered by the City Commission on October 26, 2021, after a public hearing as
provided in Section 4(2) of PA 146 of 2000. The hearing was held on this date.
G. The applicant, 221 W Webster LLC and Western Land Co., LLC (Divisions of Core Development Corp) is not delinquent
any taxes related to the facility.
H. The exemption to be granted by this resolution is for eight (8) years and no extensions will be granted.
I. The City Commission finds that the property for which the Obsolete Property Rehabilitation Exemption Certificate is
sought is obsolete property within the meaning of Section 2(h) of Public Act 146 of 2000 in that the property, which is
commercial, is functionally obsolete. The City has received from the applicant all the items required by Section 9 of the
application form, being the general description of the obsolete facility, a general description of the proposed use, a
description of the general nature and extent of the rehabilitation to be undertaken, a descriptive list of fixed building
equipment that will be part of the rehabilitated facility, a time schedule for undertaking and complete the rehabilitation,
and statement of the economic advantages expected from the exemption.
J. Commencement of the rehabilitation has not occurred before the establishment of the district.
K. The application relates to a rehabilitation program that when completed will constitute a rehabilitated within the meaning
of PA 146 of 2000 and will be situated within the Obsolete Property Rehabilitation District established by the City under
PA 146 of 2000.
L. Completion of the rehabilitated facility is calculated to and will, at the time of the issuance of the Certificate, have the
reasonable likelihood to increase commercial activity and create employment; it will revitalize an urban area. The
rehabilitation will include improvements aggregating more than ten percent (10%) of the true cash value of the property
at the commencement of the rehabilitation.
M. The City Commission determines that the applicant shall have twenty-seven (27) months to complete the rehabilitation.
It shall be completed by January 26, 2024, or two years after the Certificate is issued, whichever occurs later.
N. That notice pursuant to statute has been timely given to the applicant, the assessor for the City of Muskegon,
representatives of the affected taxing units and the general public.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
1. Based upon the statements set forth in, and incorporating the recitals to this resolution, the City Commission hereby
approves the application filed by 221 W Webster LLC and Western Land Co, LLC (Divisions of Core Development
Corp) for an Obsolete Property Rehabilitation Exemption Certificate, to be effective for a period of eight (8) years and
no extensions will be granted;
2. BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set forth in Attachment A, the legal
description containing the facilities to be improved;
3. BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant shall comply with the
representations and conditions set forth in the recitals above and in the application material submitted to the City.
This resolution passed.
Ayes: __________________________________________________________________
Nays: __________________________________________________________________
CITY OF MUSKEGON
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission held on October 26, 2021. 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 ___________________________
Ann Meisch, City Clerk
ATTACHMENT A: PROPERTY DESCRIPTION
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 TO 9 INCL BLK 333
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 26, 2021 Title: Inclusive Zoning
Submitted By: LeighAnn Mikesell Department: Manager’s Office
Brief Summary: Staff is presenting on the proposed expansion of inclusive zoning to additional
neighborhoods in a continued effort to educate the public. Comments from the public and
commissioners will be used to finalize the request to rezone for an eventual vote in November.
Detailed Summary: Staff were given direction to offer more education to our neighbors on this
topic. In response, staff has done the following.
• Developed and recorded a presentation https://www.youtube.com/watch?v=rHLVQS6lF24
• Shared the presentation on the city’s website, on social media, and with the affected
neighborhood associations
• Held a public meeting
• Provided an email address and phone number for comments
• Heard comments and deliberation at the October Planning Commission meeting
• Included this item as a public hearing at the regular City Commission meeting
As a reminder, the expansion of Urban Residential zoning is being requested to benefit existing
and future residents.
• Housing choices at every price point and for all income levels is more inclusive
• Choices for people to stay in one neighborhood for a lifetime as their housing needs
change
• Lease options for those who cannot or prefer not to own
• Options for people to build generational wealth
• Homes that allow multi-generational families to live at one address
• Limits gentrification often seen in exclusive single family zoning
• Honors existing neighborhoods and residents living in them by providing options that fit the
neighborhood
• More choices for existing and future neighbors
• Builds a sense of place where neighbors feel connected
Staff will use the information gathered through the above activities and input from commissioners
to determine a proposal for the City Commission to consider in November.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Item presented as information only
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
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