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City of Muskegon
City Commission Meeting
Agenda
May 23, 2023, 5:30 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
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or by calling the following: Ann Marie Meisch, MMC – City Clerk, 933 Terrace Street, Muskegon, MI 49440;
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Pages
1. Call To Order
2. Prayer
3. Pledge of Allegiance
4. Roll Call
5. Honors, Awards, and Presentations
5.a Muskegon Pride Center
5.b Seaway Run Presentation
6. Public Comment on Agenda Items
7. Consent Agenda
7.a Approval of Minutes - City Clerk 1
7.b City Manager DEI Certification - City Manager 22
7.c Environmental Contract - Public Safety 29
7.d All Traffic Solution Contract Renewal - Public Safety 49
7.e Annual Action Plan Budget2023 - Community & Neighborhood Services 55
7.f Lumberjacks Renovations - Arena 57
7.g Parks & Recreation Advisory Committee Establishing Ordinance - 2nd Reading - 65
Public Works
7.h Brownfield Development & Reimbursement Agreement, The Meadows at 70
Harbor 31 LLC, 170 Viridian Drive - Economic Development
7.i FY24 DWRF Project Plan Updates - Department of Public Works 84
7.j Ordinance to Prohibit Illegal Entry into a Motor Vehicle - Public Safety 93
7.k Lakeshore Art Festival Grant - City Clerk 97
8. Public Hearings
8.a Request for an Industrial Facilities Exemption Certificate - Pacific Floorcare, 98
2259 S. Sheridan Drive - Planning & Economic Development
8.b Brownfield Plan Amendment, 3rd Amendment, Adelaide Pointe QOZB, LLC - 114
Development Services
9. Unfinished Business
10. New Business
10.a 3rd Amendment, Brownfield Development & Reimbursement Agreement, 221
Adelaide Pointe QOBZ, LLC - Economic Development
10.b Insurance Premium Refund - Non-Union Team Members - City Manager 238
11. Any Other Business
12. Public Comment on Non-Agenda items
13. Closed Session
14. Adjournment
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 23, 2023 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the April 25, 2023 Regular Commission Meeting.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the minutes.
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
City of Muskegon
City Commission Meeting
Minutes
April 25, 2023, 5:30 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
Present: Mayor Ken Johnson
Commissioner Rachel Gorman
Commissioner Rebecca St.Clair
Commissioner Eric Hood
Vice Mayor Willie German, Jr.
Commissioner Michael Ramsey (left at 9:50 p.m.)
Commissioner Teresa Emory
Staff Present: City Manager Jonathan Seyferth
City Clerk Ann Meisch
City Attorney John Schrier
Deputy City Clerk Kimberly Young
1. Call To Order
The Regular Meeting of the City of Muskegon was held at City Hall, 933 Terrace
Street, Muskegon, Michigan at 5:30 p.m. on Tuesday, April 25, 2023. Mayor
Johnson called the City Commission Meeting to order at 5:30 p.m.
2. Prayer
Pastor Russ Damm, Oakcrest Church of God, opened the meeting with prayer.
3. Pledge of Allegiance
The Pledge of Allegiance to the Flag was recited by the Commission and the
public.
4. Roll Call
As recorded above
5. Honors, Awards, and Presentations
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5.a New Staff Introduction - Public Safety
Police Community Coordinator, Emily Morgenstern
Chief Kozal introduced Emily Morgenstern, new to the Department of
Public Safety, as the Police Community Coordinator.
5.b Women Veterans Day
Mayor Johnson presented a resolution recognizing WINC (Women Injured
in Combat) and declaring April 26 of each year as Women Veterans Day
in Muskegon.
6. Public Comment on Agenda Items
Public comments were received.
7. Consent Agenda
Action No. 2023-54
Motion by: Vice Mayor German
Second by: Commissioner Hood
To accept the consent agenda as presented, minus item g and m.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair,
Commissioner Hood, Vice Mayor German, Commissioner Ramsey, and
Commissioner Emory
MOTION PASSES (7 to 0)
7.a Approval of Minutes - City Clerk
To approve the minutes of the March 28, 2023 Regular Meeting and the
March 29, 2023 Special Meeting.
STAFF RECOMMENDATION: To approve the minutes.
7.b Health and Dental Care Renewal - Finance
To approve the renewal of Priority Health as the City's fully insured health
care provider and the Third-Party Administrator for City's self-funded
health care plan. And to renew Delta Dental as the City's dental insurance
provider.
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The City's health care coverage renews June 1, 2023, for the period June
1, 2023 to May 31, 2024. The following are changes effective June 1,
2023.
1. Renewal rates increased by 5%. Medical Inflation and Trend are 6.66%
for Medical and 7.93% for Prescription.
Demographic 2022 2023
Single $572.44 $604.78
Double $1,287.99 $1,360.75
Family $1,545.59 $1,632.91
2. Each year out-of-pocket maximums are adjusted by the insurance
carrier. This year the change to out-of-pocket maximums are as follows:
Demographic 2022 2023
Single $8,550 $9,100
Double/Family $17,100 $18,200
3. Our Health Reimbursement Arrangement (HRA) is running very well.
Our annual projection for this current (2022/23) plan year payout will be
around $361,369.24.
4. Our Deductible needs to be met before the Coinsurance starts. It is
looking like only around 13 people meet their deductible and coinsurance
for 2022/2023 plan year.
2022 2023
Annual Employee $403,419.38 $271,171.37
Annual HRA Employer $361,369.25 N/A
Annual Employer $2,117,951.74 $2,440,542.31
Annual Hard Cap $2,647,020.05 $2,774,084.40
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5. For our self-funded contract, which includes 2 segments, those retirees
under 65 and those over 65. We have 7 large claims currently in the self-
funded plan. The renewal rates for the self-funded plan are as follows:
Enrolled Current Renewal Increase/Decrease
Admin 157 $51.68 $52.85 2.0%
Fee
Aggregate 157 $13.76 $14.72 7.0%
Premium
6. Delta Dental rates will remain the same for 2023-24. There are no plan
changes. The city offers three benefit packages dependent on where you
work.
Single Double Family
Basic (Police & Fire) $26.80 $50.40 $101.28
Enhanced (Non-Union) $32.68 $61.19 $122.25
Union Enhanced (union) $31.24 $59.33 $120.50
7. Vision rates will stay the same and there will be no changes in benefits.
8. Payroll contributions will be 10% employee paid on a bi-weekly basis.
The 10% payroll contribution includes medical rates, and HRA payments.
AMOUNT REQUESTED: $2,711,713.68
AMOUNT BUDGETED: $2,711,713.68
STAFF RECOMMENDATION: To renew the health and dental plans with
the current increase.
7.c Hard Cap Exemption - Finance
The State of Michigan has a hard cap exemption for the employer portion
of health care. The health care renewal for the June 1, 2023 to May 31,
2024 has the employer paying $2,784,987.31. The State of Michigan hard
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cap is $2,774,084.40. This is based off 69 single, 43 double and 77 family
participants.
STAFF RECOMMENDATION: To adopt the annual Exemption option for
the medical benefit plan coverage year June 1, 2023 through May 30,
2024.
7.d ARPA Community Grant Review Committee - City Manager
Removed per staff request.
7.e Adelaide Pointe Construction Engineering - DPW
Staff requests authorization to enter into a contract with ENG. Inc. to
perform third-party construction engineering services for the roads and
public utilities on the Adelaide Pointe development site.
In February of 2022 at the developer’s request, staff issued an RFP for
design and construction engineering services at Adelaide Pointe. At the
time it was thought that the hired firm would design and oversee the
installation of the public infrastructure. Three firms submitted, and a
summary of the qualifications-based scoring is shown below:
Submitting Firm Score (Base 1000)
HRC, Inc. 730
ENG. Inc. 825
Edgewater Resources 355
ENG. was the highest-scoring firm, although no award was made due to
changes in how the design and contracting was done.
The developers engineer ended up designing the project, and permits are
now being issued. Construction on the public infrastructure is expected to
begin this month, and may be completed this year.
The need for construction engineering services has not changed, and in
fact is now greater than before due to the developer’s engineer having
designed the infrastructure. ENG. has submitted a revised proposal that
covers only the construction services. Staff find their proposal as
compelling as before, and requests authorization to hire them to oversee
this historic investment in Muskegon’s waterfront.
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This is an unbudgeted item for FY23, however all costs are covered by
special funds (roads, water and sewer). The costs will be budgeted in
FY24 as shown below.
AMOUNT REQUESTED: $25,000 (FY23)
AMOUNT BUDGETED: $0 (FY23)
AMOUNT REQUESTED: $28,250 (FY24)
AMOUNT BUDGETED: $281,250 (FY24)
FUND OR ACCOUNT: $60,637.50 (Water, 591) - $43,487.50 (Sewer,
590) - $202,125 (Streets, 203)
STAFF RECOMMENDATION: Authorize staff to enter into a contract with
ENG. Inc. for third-party construction engineering services for the public
infrastructure at the Adelaide Pointe site in the amount of $306,250.
7.f Olthoff Drive Extension Contract Award - DPW
Staff is requesting approval of a contract with Terra Contractors, Inc. in the
amount of $1,043,104.60 for the extension of Olthoff Drive, with funds
from a TEDF Category A grant from MDOT and remaining funds from an
MEDC grant related to the demolition of the prison.
On March 14, 2023, Commission approved a grant agreement with MDOT
that awarded up to $630,000 to the City for a Transportation Economic
Development Fund (Category A) Grant. The grant process has been
completed, and the construction contract can now be awarded. The grant
will cover 60% of the construction cost, leaving $413,104.60 to be paid out
of the MEDC grant the City received to redevelop the industrial park and
demolish the former prison. The two grants combined will fully cover the
cost of the project.
The City received bids on December 13, 2022. Terra Contractors is
recommended by staff in accordance with an “intent to award” letter that
Commission received last month, for reasons outlined in that letter.
AMOUNT REQUESTED: $1,043,104.60 (Grant) AMOUNT
BUDGETED: $1,043,104.60 (Grant)
FUND OR ACCOUNT: N/A (Via 202 and 482)
STAFF RECOMMENDATION: Authorize staff to enter into a contract with
Terra Contractors in the amount of $1,043,104.60 for the extension of
Olthoff Drive on the former prison site.
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7.h Street Sweeping Contract Award - DPW
Staff is requesting authorization to enter into a three-year contract with Tri-
Us Services, Inc. for street sweeping services throughout the City for 2023
through 2025 in an amount of $310,370.23 each year.
Staff issued a public bid for street sweeping services, as our previous
contract had expired. A bid tab showing the results is included. The low
bidder, Tri-US Services, has been performing street sweeping services for
the City for many years and has always done a good job; staff
recommends award to Tri-Us Services. The funds for street sweeping
comes from the Sanitation Fund, which receives revenue from both the
sanitation millage and the sanitation fee on the water bill. MDOT contracts
with the City for sweeping of the trunklines within the City via
reimbursement, and MDOT will again reimburse the City for the trunkline
portions of this contract on an annual basis. The bid includes $170.00 per
hour for additional sweeping services such as special events, construction
sweeping, etc.
AMOUNT REQUESTED: $310,370.23 (FY23-23 Each) AMOUNT
BUDGETED: $275,000 FY23 & $311,000 FY24-26
FUND OR ACCOUNT: 101-521 (Sanitation)
STAFF RECOMMENDATION: To authorize staff to enter into a three-year
contract with Tri-Us Services for street sweeping for an annual cost of
$310,370.23.
7.i Sale of Lots for Residential Construction to LRS Enterprises -
Development Services
LRS Enterprises will complete their ARP Infill Housing Agreement with the
City this calendar year, and would like to secure lots to privately build and
market 9 residential for-sale homes.
Lots requested:
723 Sumner for construction of 2 homes (lot split)
725 Wesley for construction of 1 home
628 Mulder for construction of 2 homes (lot split)
396 Erickson for construction of 1 home
397 Marquette for construction of 1 home
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388 Jackson for construction of 2 homes (lot split)
Total price for acquisition at 75% of True Cash Value is $15,075.00. LRS
will have the opportunity to have some of that rebated to them pending
final design of the homes per the lot sale policy.
STAFF RECOMMENDATION: To authorize the Code Coordinator to work
with the developer and complete the sale of the vacant lots to build nine
single family homes on the buildable lots as described and to have the
Mayor and Clerk sign the purchase agreement and deed.
7.j Amendment to the Zoning Ordinance - Marihuana Processing - 2nd
Reading - Planning
Staff initiated request to amend the B-2, B-4, I-1, I-2 and MC sections of
the zoning ordinance to allow marihuana processing facilities without
extraction methods classified as hazardous under the Michigan Building
Code as a special use permitted.
The Planning Commission recommended approval of the amendments by
a 7-0 vote at their March 16, 2023 meeting.
STAFF RECOMMENDATION: To approve the request to amend the B-2,
B-4, I-1, I-2 and MC sections of the zoning ordinance to allow marihuana
processing facilities without extraction methods classified as hazardous
under the Michigan Building Code as a special use permitted.
7.k Rezoning a Portion of 560 Mart Street - 2nd Reading - Planning
Request to rezone a portion of the property at 560 Mart St from B-2,
Convenience & Comparison Business to WM-Waterfront Marine, by West
MI Dock & Market.
The Planning Commission recommended approval of the rezoning by a 7-
0 vote at their March 16, 2023 meeting.
STAFF RECOMMENDATION: To approve the request to rezone a portion
of 560 Mart St from B-2 to Waterfront Marine.
7.l Rezoning of 1163 Terrace Street - 2nd Reading - Planning
Request to rezone the property at 1163 Terrace Street from R-3
Residential to B-2, Convenience & Comparison Business, by Ryan Burns.
The Planning Commission recommended approval of the rezoning by a 7-
0 vote at their March 16, 2023 meeting.
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STAFF RECOMMENDATION: To approve the rezoning of 1163 Terrace
St from R-3 to B-2.
7.g TCO 78-2023 - Lakeshore & Southern Stop Sign Removal - DPW
Staff requests approval of Traffic Control Order #78-(2023).
The Michigan Manual of Uniform Traffic Control Devices (MMUTCD), the
document that provides guidance for installation of traffic controls,
includes provisions for stop-controlled intersections such as:
The combined vehicular, bicycle, and pedestrian volume entering
the intersection from all approaches averages more than 2,000
units per day, and
An intersection of two residential neighborhood collector (through)
streets of similar design and operating characteristics where multi-
way stop control would improve traffic operational characteristics of
the intersection.
In the spring of 2022, a stop sign was installed at Lakeshore and Southern
in accordance with the above criteria. In consultation with the Nims
Neighborhood Association, DPW and the neighborhood request the stop
sign be removed. It has not contributed to safety, and in fact has added to
noise pollution in the area as cars speed away from the stop sign. Stop
signs installed at Michigan and Franklin and at Western and Franklin
around the same time have yielded better results, are not proposed for
removal, and will continue to be monitored.
STAFF RECOMMENDATION: To approve Traffic Control Order #78-
(2023).
Action No. 2023-55 (g)
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To approve Traffic Control Order 78-2023
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
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7.m Amendment to the Zoning ordinance, Carriage House Requirements -
2nd Reading - Planning
Staff initiated request to amend the form-based code section of the zoning
ordinance to allow carriage houses with only a one-story minimum
requirement and only a 20-foot depth requirement.
STAFF RECOMMENDATION: To approve the requested amendments to
allow carriage houses with only a one-story minimum requirement and
only a 20-foot depth requirement.
Carriage houses are currently required to be two stories and have a
minimum depth of 30 feet.
The Planning Commission recommended approval of the amendments by
a 6-1 vote at the March 16, 2023 meeting.
Action No. 2023-55 (m)
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To approve the requested amendments to allow carriage houses with only
a one-story minimum requirement and only a 20-foot depth requirements.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Commissioner Ramsey, and Commissioner
Emory
Nays: (1): Vice Mayor German
MOTION PASSES (6 to 1)
8. Public Hearings
8.a Public Hearing Brownfield Plan Amendment, The Meadows at Harbor
31, Harbor 31 LLC - Development Services
Harbor 31 LLC has submitted a Brownfield Plan Amendment for the
Meadows at Harbor 31 Redevelopment Project - a residential
development on 2.5 acres located at 177 Viridian Drive along the south
shore of Muskegon Lake.
The Harbor 31 project is a 31-acre mixed use development that will
include 155 market-rate apartments and townhouses, as well as a hotel,
retail and office space, marina, boat sales rentals, and senior living.
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The Meadows at Harbor 31 is located on 2.5-acres along Muskegon Lake.
The proposed redevelopment activities will include a 21 two-story multi-
family duple style residential homes with surrounding grass lawn areas,
sidewalks and roadways creating a walkable community that provides
access to Muskegon Lake, greenspace areas in downtown Muskegon.
Sustainable development concepts are proposed throughout the project
including green building techniques and low-impact development and
stormwater management. The Total private investment, not including
property acquisition, is approximately $7MM. Development is expected to
begin this fall through 2024.
Staff comments:
• The Meadows at Harbor 31 is the third brownfield plan amendment for
Harbor 31 LLC which includes Trilogy and Viridian Shores.
• The original property has been utilized for industrial use which has
resulted in a widespread of contamination across the property. The
developer is in the process of completing a phase ESA and will complete
a BEA in the near future. The property is considered an eligible property
as defined by act 381 due to the known soil contamination.
• The plan includes a total eligible activity costs of $530,700 which
includes department specific activities-
$50,700, due care activities- $400,000, contingency (15%)- $60,000,
brownfield plan amendment/ act 381 work plan preparation- $15,000, and
brownfield plan amendment implementation- $5,000.
• The total cost for the local only MSF Non-Environmental Eligible
activities is $1,430,435 which includes a contingency of 15% and 2.5%
interest. The total Developer EGLE and local only MSF eligible activities
costs is $1,961,135.
• Additional eligible fees include the local only City of Muskegon eligible
activities with a total cost of
$644,586.
• The 2023 taxable value of the eligible property is $136,500. After
completion of the development, the taxable value is estimated at
$2,800,000. This Plan Amendment assumes a 1% 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).
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• Capture of tax increment revenues for Developer reimbursement is
anticipated to commence in 2026 and end in 2045, a total of 22 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.
• The Brownfield Redevelopment Authority approved and signed the
resolution for the BPA on April 11, 2023.
STAFF RECOMMENDATION: To close the public hearing and to approve
the resolution for the Brownfield Plan Amendment, for The Meadows at
Harbor 31 authorizing the Mayor and City Clerk to sign.
Contessa Alexander, Development Services, provided an overview of the
project. A representative, Kirk, from Fishbeck was also in attendance to
answer questions from Commission. Jake Eckholm, Development
Services Director answered Commissioners questions and provided
clarification.
PUBLIC HEARING COMMENCED:
Lea Markowski, suggested adding evergreens when possible and
consider what it looks like from the street.
Action No. 2023-56 (a)
Motion by: Commissioner St.Clair
Second by: Commissioner Ramsey
To close the public hearing and to approve the resolution for the
Brownfield Plan Amendment, for The Meadows at Harbor 31 authorizing
the Mayor and City Clerk to sign.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
8.b 2023 Consolidated Annual Action Plan - CNS
The Annual Action Plan is available on our website for citizen review and
comment period of 30 days from April 16 -May 16, 2023. A public Hearing
is another opportunity to comment about the Federal CDBG and HOME
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program activities performed during the fiscal year 2023 (July 1, 2023 -
June 30, 2024). Click on the link to view the Annual Action Plan
https://muskegon-mi.gov/2023-annual-action-plan/
STAFF RECOMMENDATION: To conduct a Public Hearing for the 2023
Annual Action Plan review.
Director Sharonda Carson provided an overview of the 2023 Annual
Action Plan.
PUBLIC HEARING COMMENCED:
Mark Poletti called in and believes we need more plans to help homeless
and possibly provide warming shelters.
Diane Foster spoke about people who are working, single, and homeless
and need our help - and suggested we should be considering providing
shelter and possibly rehabilitating a school to meet this need.
Patsy Petty called in and wants to help spread the word about the
programs available through Community and Neighborhood Services and
also asked if there was money for new construction for low income
housing.
Mr. Jenkins commented on the fact that CDBG funds are paying for the
Fire Department Bond and wants to see the money used differently and
wonders how it got into the CDBG.
Action No. 2023-56 (b)
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To close the public hearing.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
9. Unfinished Business
10. New Business
10.a Parkland Marina Development Agreement Amendment - City
Manager
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This Amendment to the Parkland Marina Agreement seeks to make clear
what public access will look like once Parkland Marina has developed the
property. The amendment also further defines how public access will be
maintained and what type of activities are allowed on the pier. This
language has also been updated following the Commission work session
discussion on Monday, April 10.
In early 2021 the City took action to sell a parking lot adjacent to Terrace
Point Marina. The parking lot was encumbered by an easement which
gave the easement holder (the owner of Terrace Point Marina) extensive
rights over the property including the ability move drives and access and
no structures could be built by the City without the permission of the
adjacent property owner/easement holder. Parkland approached the City
to purchase the property so they could develop the area with the
understanding that public access would be maintained. This would have
the additional benefit of creating additional taxable value for the City.
Earlier this year the City Commission requested staff work to get better
detail on what public access would be at the pier following development by
Parkland Marina LLC. The updated Amendment to the Development
Agreement defines the following:
- Provides handicapped Parking near the Terrace Point Marina
Clubhouse
- Provides two access points for pedestrians (see purple paths on the
map in Exhibit A)
- Allows for fishing in dedicated areas
- Allows wagons/strollers on pier, allows bikes along the southerly
access point
- Parkland agrees to make $250,000 worth of improvements to public
access
- With the approval of the amendment, Parkland immediately grants the
public the right and a license to use the area in the same way as the
former agreement.
- Parkland may only close public access for up to 30 days during
construction to provide for construction of its improvements (this may be
extended with the permission of the City Manager)
- A site plan (Exhibit A) of the final layout with public access noted is
also included.
STAFF RECOMMENDATION: To approve the First Amendment to the
Development Agreement between the City of Muskegon and Parkland
Marina LLC and authorize the Mayor and Clerk to sign.
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Action No. 2023-57 (a)
Motion by: Commissioner St.Clair
Second by: Commissioner Ramsey
To approve the First Amendment to the Development Agreement between
the City of Muskegon and Parkland Marina LLC and authorize the Mayor
and Clerk to sign.
Ayes: (2): Commissioner Ramsey, and Commissioner Emory
Nays: (5): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, and Vice Mayor German
MOTION FAILS (2 to 5)
Amendment:
Motion by: Commissioner Ramsey
Second by: Commissioner Hood
To call the question.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
10.b Lumberjacks Renovations to Trinity Health Arena - Arena
Seek approval to develop conceptual designs, establish a project budget
and complete a feasibility study to construct new team space at Trinity
Health Arena. In exchange, the Lumberjacks would like to add two
additional renewal options to Lumberjacks Shared Use Agreement.
Muskegon Lumberjacks Organization LLC, parent company of the USHL’s
Muskegon Lumberjacks, are seeking approval to construct a second story
office suite above their existing players’ lounge and coaches’ offices with
access to and a presence on the arena concourse. The proposed space
would be built into the necessary locker room and supporting medical
space to provide the Lumberjacks the best amenities and continued
success in player recruitment. All construction would be fully funded by
the Muskegon Lumberjacks Organization LLC. Due to the nature of the
cost to build, the Muskegon Lumberjacks Organization LLC is requesting 2
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additional 5yr renewal options added to their shared use agreement.
Attached is the proposed sixth amendment as well as a general concept of
construction.
STAFF RECOMMENDATION: To direct staff to continue working with the
Lumberjacks regarding the exploration of the building renovation and
amendment to the shared use agreement.
10.c Ottawa Bridge SHPO Meeting - DPW
The consultant working on the Ottawa Bridge removal project has asked
that we share the findings by the State Historic Preservation Office
(SHPO) with the public and seek feedback.
The Ottawa Street bridge is part of an MDOT project that has bundled
several locally-owned bridges that need to be removed. MDOT is leading
the project and funding it, the City’s role is limited to providing information
and guidance and approval of the final project details.
MDOT’s consultant (AECOM) submitted for routine SHPO clearance, but
was notified that the bridge is eligible for listing on the national register of
historic places. As a result, SHPO determined that removal of the bridge
would have an “adverse effect” on the bridge from a historic preservation
perspective. Due to this finding, the City needs to receive feedback from
the public.
It’s important to remember that despite being eligible for listing on the
historic register, that does not make an item intrinsically historic. The
Ottawa bridge is not unique, nor has it attracted historic interest by the
community. The bridge no longer serves a purpose – the park it leads to
is accessible by a driveway from the other side of the river.
Furthermore, the bridge is in extremely poor condition and has been
closed for years. The bridge is being removed because it is beyond
repair. Were the bridge to be listed and the City make efforts to save it the
cost would be very significant, staff believes it would be unlikely to receive
grant funding, and the bridge would, at best, serve as one of two
entrances to a small park.
For information and public comment only.
Dan VanderHeide address the Commission regarding the Ottawa Bridge.
PUBLIC COMMENT:
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Lea Markowski - Muskegon Watershed says that people use Richards
park alot - bridge is not ideal, don't discount the value of it as is.
Diane Foster - Is adamant that there was previously money set aside to
repair the Ottawa Street Bridge and that there are several users. She put
in a disc golf course at Richards Park.
Brian Clincy called in - he would like to see that people can get to
Richards Park safely.
10.d FY24 CWSRF Project Plan Updates - DPW
The City’s CWSRF Project Plan on file with the state for future revolving
fund projects has been updated, and the City needs to receive comment
and adopt the plan by resolution.
The City has taken advantage of favorable rates and even some principal
forgiveness as a part of the state’s Revolving Loan Fund programs to
complete substantial utility improvement projects, such as the Sanford
Street project currently underway. In order to be eligible for these
programs, projects must be included in the City’s “Project Plan” that is on
file with the state department of EGLE. The specific projects proposed for
the program are not known at this time; this Project Plan is simply a list of
projects the City may propose for the program in the future. The list is
used by the state to perform preliminary environmental and other
clearance work so they are prepared for the projects if and when the City
proposes them.
Prein & Newhof has updated our Clean Water State Revolving Fund
(CWSRF) Project Plan (the plan dedicated to sanitary sewer projects) to
show potential projects over the next several years. Part of the updating
process includes holding a meeting where the public can comment on the
plan (satisfied by today’s meeting and the public comment periods within
it), and a resolution by the Commission adopting the plan. The resolution
is attached.
The Project Plan is included without appendices due to size. For the full
version (385 pages, 55MB), please visit: DRAFT rep 2023-04-10 CWSRF
Project Plan - Muskegon.pdf
STAFF RECOMMENDATION: Adopt the City’s CWSRF Project Plan via
the included resolution.
Barbara Marczak with Prein & Newhof presented about the FY2024 Plan
for Clean Water State Revolving Fund.
17
PUBLIC COMMENT PERIOD:
Annie King, 675 Amity - had water brought from the street to the house
and the water is not clear.
Action No. 2023-57 (d)
Motion by: Commissioner St.Clair
Second by: Commissioner Gorman
To adopt the City’s CWSRF Project Plan via the included resolution.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
Emory
Absent (1): Commissioner Ramsey
MOTION PASSES (6 to 0)
10.e Parking Lot Lease Agreement - Development Services
With the construction of Lofts at 1021 Jefferson, the road diet on Terrace,
and potential development at 122 W. Muskegon (McDonald’s Lot) there is
no longer adequate parking for employees at City Hall without impacting
citizen parking areas. Staff has identified a lease option for dedicated
employee parking.
Since 2019 it has been anticipated that development and infrastructure
changes around City Hall would necessitate a permanent parking amenity
for city staff. The previous parking lot on 1021 Jefferson was never widely
used due to the mid-block crossing on Apple Avenue to access the
building. After that was constructed, most staff have parked on the
diagonal spaces installed on Terrace or in the closed down McDonald’s
parking lot across the street. These options are no longer sustainable
either, as Terrace parking is being reoriented with the road diet and our
team is actively working on redevelopment options at the McDonald’s site.
Additionally, our insurance company has requested that we procure
dedicated employee parking that we have site control over to reduce
liability.
For about 18 months staff worked to negotiate a long-term lease for
parking at the St. Mary’s Catholic Church parking lot on Webster, and
unfortunately both the church and the city could not get the Archdiocese in
Grand Rapids to be particularly responsive to the concept. This
18
arrangement would have been predicated on the city improving the
parking lot substantially up front and then having a nominal lease payment
moving forward.
As we experienced difficulty dealing with the Archdiocese, we reached out
to the owner of Anchor Insurance who has relocated into the former Fifth
Third bank building at 877 Terrace. Mr. Jim Mines has already completely
rehabbed the parking lot with resurfacing, lighting, striping, and
landscaping so we would have a higher annual lease payment, but no
capital project on the front end. Our annual payment will be $25,000 for
the first five years for 52 spaces which equates to $1.32 per space/day.
This is a competitive price for commercial leases for employee parking we
have found in other markets, both for covered and uncovered lots. After
the fifth year, annual rent inflation would be tied to the CPI with a cap of no
more than 8% each year.
AMOUNT REQUESTED: Lease value of $25,000 per year, escalated after
year 5
FUND OR ACCOUNT: 101, multiple
STAFF RECOMMENDATION: To approve the lease for city parking at 877
Terrace Street and authorize the mayor and clerk to sign.
Action No. 2023-57 (e)
Motion by: Commissioner Emory
Second by: Commissioner St.Clair
To approve the lease for city parking at 877 Terrace Street and authorize
the mayor and clerk to sign.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
Emory
Absent (1): Commissioner Ramsey
MOTION PASSES (6 to 0)
11. Any Other Business
12. Public Comment on Non-Agenda items
Public comments were received.
19
13. Closed Session
14. Adjournment
The City Commission meeting adjourned at 10:56 p.m.
Motion by: Commissioner St.Clair
Second by: Commissioner Emory
MOTION PASSES
_________________________
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
20
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 23, 2023 Title: City Manager DEI
Certification
Submitted By: Jonathan Seyferth Department: City Manager
Brief Summary: Approval for the City Manager to enroll in Cornell University's Diversity, Equity &
Inclusion (DEI) online Certificate Program.
Detailed Summary & Background: As part of the City Manager’s employment agreement, there’s a
requirement to complete a DEI certificate program (time frame is unspecified). After some research
and talking with DEI practitioners, I am requesting approval to enroll in Cornell University’s online
DEI Certificate Program.
This program comes highly recommended and is well respected in the DEI field. I have included an
endorsement of the program from Muskegon Community College’s Chief Diversity Officer, Ken
James for your reference.
The program has rolling start dates. It is my objective to start the program in June or July which
should lead to completion by early fall 2023.
Although this expense is within the City Manager’s authority, Commission is being asked to
approve this item as it was called out as a requirement in the City Manager’s contract.
Goal/Focus Area/Action Item Addressed:
Amount Requested: $3,700 Amount Budgeted: This time was not
originally budgeted for.
Fund(s) or Account(s): City Manager’s Fund(s) or Account(s): Although this item was
Budget Training/Travel 101-172-861 not originally budgeted for, the training/travel
budget/CM budget has sufficient funds to
cover the costs.
Recommended Motion: I move to approve the enrollment of the City Manager in Cornell
University’s Online DEI Certificate Program.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology
Other Division Heads Communication Yes
Legal Review No
For City Clerk Use Only:
Commission Action:
To: Muskegon City Commission
From: Ken James, Chief Diversity Officer
Date: May 3, 2023
Subject: Endorsement – Cornell
OFFICE OF DEI
I am writing to endorse the Cornell Diversity & Inclusion Certificate Programs. I have been a DEI practitioner for
30 years. Over that time, I worked with numerous people in the industry. One of the most prominent
certifications in the industry is the certification provided by Cornell. It is assumed that individuals with
certification from Cornell have been exposed to core foundational principles and emerging DEI trends. In my
opinion, it is a superb investment for personal and professional development. Thank you.
-Ken
DIVERSITY, EQUITY,
1
AND INCLUSION
Online Certificate Program
OVERVIEW
An organization is only as good as its culture—and building that culture is not only a
role for HR, it’s every manager’s and employee’s responsibility. As today’s headlines
prove, an inclusive work environment is not just a nice-to-have, it can make or break
a company. You can help make your organization a more supportive and engaging
place to work by understanding the perceptual, institutional, and psychological
processes that impact the ways people interact with each other. Starting with a look at
employee engagement, then identifying interventions surrounding unconscious bias
and specific diversity, equity, and inclusion strategies, this program is appropriate
for anyone committed to going beyond mere compliance to build a truly aware and
inclusive work culture.
COURSES COURSE LENGTH FORMAT
4 2 weeks 100% online
COURSES
• Improving Engagement
• Counteracting Unconscious Bias
• Diversity, Equity, and Inclusion at Work
• Fostering an Inclusive Climate
• Diversity and Inclusion Symposium
Visit ecornell.cornell.edu
7 COURSES
2 INSIDE the PROGRAM
100% ONLINE
KEY TAKEAWAYS
• Assess and improve employee • Assess stereotypes and prejudices that
engagement levels may influence behavior in work groups
• Enhance organizational culture in your and learn methods to improve the
team and company psychological safety of all employees
• Recognize unconscious bias and how it • Examine strategies for implementing
affects the way that people perceive and ethical standards
react to others
• Understand the dimensions of diversity
that matter most in organizations and
why
WHO SHOULD ENROLL
• Team managers and supervisors • Anyone interested in creating an
• Executives responsible for strategic inclusive and supportive culture that
culture efforts promotes equal opportunities and
treatment of employees
WHAT YOU’LL EARN
• Diversity, Equity, and Inclusion Certificate from
Cornell ILR School
• 40 Professional Development Hours (4 CEUs)
• 25 Professional Development Units (PDUs) toward
PMI recertification
• 40 Professional Development Credits (PDCs) toward
SHRM-CP and SHRM-SCP recertification
• 40 Credit hours towards HRCI recertification
Visit ecornell.cornell.edu
7 COURSES
3
COURSE
DESCRIPTIONS
100% ONLINE
IMPROVING ENGAGEMENT
Research shows that engagement is the key factor that promotes higher performance
and effort, greater returns, and lower turnover. Yet across companies, industries,
and countries, studies show that only 11-19% of employees are highly engaged. In
this course, you will examine the foundational drivers of engagement, explore the
components of successful engagement initiatives, and identify strategies for creating
stronger engagement in teams.
COUNTERACTING UNCONSCIOUS BIAS
There is no such thing as a workplace that lacks diversity. Despite decades of legal and
social reform aimed at reducing discrimination in the workplace, inequality continues
to be a significant problem in all societies and most workplaces.
In this course, you will identify the perceptual and psychological processes that impact
the way that individuals interact with people who are demographically dissimilar
from them. You will examine the psychological processes that impact decision making
within organizations and identify how professionals can design better work practices
and help to more effectively leverage the potential among employees.
As a trained psychologist with research and consulting expertise related to diversity
and inclusion, Cornell University Professor Lisa Nishii is uniquely positioned to help
course participants understand the complex dynamics underlying diversity challenges
and opportunities within organizations.
DIVERSITY, EQUITY, AND INCLUSION AT WORK
The management of diversity, equity, and inclusion has evolved from a focus on
compliance to a strategic-level effort with a demonstrated positive impact on an
organization’s performance. In the current business climate, companies that strive
for diversity, equity, and inclusion are achieving intended business results. They
provide proof that diversity, equity, and inclusion are much more than a legal or moral
requirement; they’re also a competitive advantage.
Visit ecornell.cornell.edu
7 COURSES
4
COURSE
DESCRIPTIONS
100% ONLINE
This course provides an overview of the evolution of the management of diversity,
equity, and inclusion and presents targeted and high-involvement diversity practices.
It examines diversity in the contexts of teams and leaders, and it frames diversity in
terms of current business and cultural challenges.
During this course, you will complete a project in which you identify sources of
inclusion and how equity fits into your diversity and inclusion goals, align inclusion
to improve employee engagement and business results, and determine methods to
assess the effectiveness of inclusion initiatives. At the end of the course, you will use
the results from the project to prepare a final presentation describing how to apply
your work to your organization.
FOSTERING AN INCLUSIVE CLIMATE
Inclusion is a relational construct. It’s ultimately about how your team functions and
performs based on the quality of social connections, openness to learning, agility,
and depth of decision making. How can you foster greater inclusion within your
workgroup? Throughout these modules, you will be asked to reflect upon your own
experiences and apply the lessons in the modules in your own role.
You will examine the concept of climate, specifically inclusive climates, as well as
learn about the specific behaviors and skills you need to demonstrate in order to be
successful in shaping an inclusive climate.
DIVERSITY AND INCLUSION SYMPOSIUM
Symposium sessions feature three days of live, highly interactive virtual Zoom
sessions to explore today’s most pressing topics. The Diversity and Inclusion
Symposium offers you a unique opportunity to engage in real-time conversations with
peers and experts from the Cornell community and beyond. Using the context of your
own experiences, you will take part in reflections and small-group discussions to build
on the skills and knowledge you have gained from your courses. You may participate
in as many sessions as you wish. Attending Symposium sessions is not required to
successfully complete the certificate program.
Visit ecornell.cornell.edu
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 23, 2023 Title: Environmental Contract
Submitted By: Director Timothy E Kozal Department: Public Safety
Brief Summary: Environmental contract is up for renewal as of June 6, 2023
Detailed Summary & Background: There were three bids for the City of Muskegon Environmental
cleanup and grass mowing contract. Earth Creations, Barry’s Greenhouse and Preferred Lawn
Care. Earth Creations came in as the lowest bidder.
Goal/Focus Area/Action Item Addressed: DESTINATION COMMUNITY & QUALITY OF LIFE /
Blight cleanup
Amount Requested: $197,000 per fiscal year Amount Budgeted: $197,000 per year
3-yr contract 2023-2026 contract, with an approximate
increase of 10% per year.
Fund(s) or Account(s): 101-387-949 Fund(s) or Account(s): 101-387-949
Recommended Motion: For Commission to approve and award the Environmental
clean-up contract to Earth Creations for the upcoming June 5, 2023 through June 5
2026 and allow the Director of Public Safety to sign the contract.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology
Other Division Heads Communication Yes
Legal Review No x
For City Clerk Use Only:
Commission Action:
April 13, 2023
Request for Proposal
Environmental Mowing, Trash and Brush Contract Bids
The City of Muskegon is requesting fee proposals for mowing, trash and brush clean up on both
private and public properties throughout the City of Muskegon.
The city requests that bids are received from companies or other agencies with the ability and interest
in providing these services with the required equipment list for an average of 2,500 work orders per
year. An on-site inspection of equipment may be required.
The contract period will be for a three (3) year limit and may be extend one (1) year upon mutual
agreement from both parties with a 60-day notice before expiration of contract. Minimum bids start at
$49/hr. for all trash/brush pick up and tractor mowing and $40/hr. hand mowing. A copy of the
contract has been enclosed.
Sealed bids for this contract must be received no later than 2:00 PM to the City of Muskegon
clerk’s office located in City hall by Tuesday, May 2, 2023. The City of Muskegon reserves the
right to reject any or all proposals and only award a contract if it is in the best interest of the
board to do so.
Scope of Work
Contractor shall perform the services set forth in this contract in a timely, workman-like manner.
Contractor shall mow all grass, weeds and brush including moving around all
obstacles, up to three inches (3″) in diameter, leaving no ridges of high or uncut
grass.
Trimming/Cutting/Raking. Contractor shall trim all bushes and unsightly branches,
cut large tree limbs that have fallen or logs, rake and remove heavy concentrations
of yard clippings, small debris and fallen leaves and/or branches. Contractor shall
clear sidewalk of debris and clippings as needed.
Garbage, debris and waste removal. Contractor shall pick up and remove all
garbage, rubbish, debris, trash and waste materials, including but not limited to
cans, bottles, loose papers, dead tree limbs, grass and brush clippings,
abandoned/broken/unused household appliances, furniture, and other like items.
1. Required Equipment
o Four (4) trucks for 2-man hand mow crews
o Eight (8) Push mowers
o Eight (8) Weed trimmers
o Four (4) tractors with a 60” brush hog mower with a mower deck of a minimum five
feet (5′) diameter for each.
o Two (2) dump trucks or two (2) heavy duty trucks with trailers. Minimum size: 10
yards with a 4,000 lb. capacity.
o Two (2) Zero turn riding mowers
o Chain saws
o Hand tools, including rakes, brooms, wheel barrels, shovels, pitch forks, and other
tools as deemed appropriate for the job site.
o Twelve (12) Digital cameras, minimum 3-megapixel resolution with automatic time
and dating capacity.
o Twelve (12) whiteboard signs with ability to measure 6” to show proof of work and
grass height.
o Online database for required pictures, job status updating and receiving work
orders.
o Alternative equipment may be proposed for use but requires The City of Muskegon
approval prior to use.
Contract Price Proposal
This proposal is for cleanup and transportation labor based upon each individual clean-up
assessment. Minimum bids start at $49/hr. trash/brush pick up and tractor mow and $40/hr. hand
mow.
Position Description 1-Year Bid 2-Year Bid 3-YearBid Possible 4-Year Bid
Trash Pickup $_______/hr $_______/hr $_______/hr $_______/hr
Tractor Mowing $_______/hr $_______/hr $_______/hr $_______/hr
Zero Turn Mowing $_______/hr $_______/hr $_______/hr $_______/hr
Hand Mowing $_______/hr $_______/hr $_______/hr $_______/hr
Terrace/24 Hr Pickup $_______/hr $_______/hr $_______/hr $_______/hr
Leaf/Brush $_______/hr $_______/hr $_______/hr $_______/hr
AGREEMENT FOR CONTRACTED SERVICES
This Agreement for Contracted Services ("Agreement") is entered into by and between
The City of Muskegon having a principal place of business at 933 Terrace St., Ste 201,
Muskegon, MI, 49440 ("The City of Muskegon"), and Earth Creations ("Contractor"), having a
principal place of business located at 1657 S. Getty St., Muskegon, MI. 49442 ("Contractor"), as
of this day of June 6, 2023 (with regard to the following terms and conditions.
1. General. In consideration of the intent and mutual covenants contained in this
Agreement, The City of Muskegon and Contractor have entered into this Agreement
with respect to the performance by Contractor of the Services (as defined in Section
2(a)) related to the Project. This Agreement is intended to and shall govern all work and
services provided by Contractor for the Project, whether initiated or performed prior to
or subsequent to the execution of this Agreement. This Agreement shall last for a term
of three (3) years, unless terminated earlier pursuant to the terms below. If Contractor
is not in default under the terms herein, it may extend the term of this Agreement for a
period of one (1) additional year by providing written notice to The City of Muskegon
not less than sixty (60) days prior to the end of the initial term.
2. Contractor Responsibilities.
(a) Performance of the Services. Contractor agrees to provide all contracted
services and perform all other obligations described in this Agreement, including
without limitation those set forth on Exhibit A attached hereto and incorporated
herein by reference, and any and all services reasonably inferable therefrom
(collectively, the "Services"). The Services, collectively at all sites where they are
performed, may be referred to as the “Project” in this Agreement. Contractor
represents and warrants that it understands the requirements of this Agreement
and that it is experienced and qualified to perform the Services required.
(b) Supervision; Licensure; Standard of Care, Skill and Diligence. Contractor shall
provide all labor and supervision necessary to perform the Services. Contractor
shall obtain all necessary permits and licenses necessary for Contractor to
perform the Services. Contractor represents and warrants that it shall perform
all Services in accordance with the standard of care, skill and diligence that
equals or exceeds that which is recognized in the industry for the performance of
services of the nature and/or type of the Services.
(c) Safety; Responsibility for Others. Contractor shall be solely responsible for the
safety and protection of Contractor's employees and shall take all reasonable
safety precautions. Additionally, Contractor shall be solely responsible for, and
shall insure, its own tools, equipment, materials, supplies and any other items
used by Contractor in furtherance of performing under this Agreement.
Contractor shall be responsible to The City of Muskegon for the acts, errors and
omissions of Contractor's employees, its Subcontractors (as hereinafter defined)
Page 1 of 12
and their respective agents and employees and all other persons performing any
portion of any Services under the direction or control of Contractor. Contractor
shall at all times maintain good order among its employees.
(d) Hazardous Materials. Contractor shall not bring any Hazardous Materials onto
the Project site and shall bear all responsibility and liability for such Hazardous
Materials; provided, however, that Contractor may bring onto a Project site such
Hazardous Materials as are necessary to perform the Services so long as the
same is done in compliance with all Laws and Contractor shall remain
responsible and strictly liable for all such Hazardous Materials. As used herein,
"Hazardous Materials" shall mean any hazardous or toxic substance or
hazardous or toxic waste, contaminant, or pollutant as defined by or regulated
by any applicable governmental authority.
3. Subcontractors. Contractor may delegate or subcontract any of its duties or obligations
under this Agreement to any person or entity with the prior written consent of The City
of Muskegon. In the event The City of Muskegon elects, in its sole and absolute
discretion, to permit Contractor to engage a Subcontractor, such use shall be upon such
terms and conditions as The City of Muskegon may determine, in its sole and absolute
discretion. As used herein, “Subcontractor” means a person or entity of any tier (a) that
has been approved by The City of Muskegon in writing prior to Contractor retaining such
subcontractor, and (b) who has a contract either directly or indirectly with Contractor or
perform any portion of the services.
4. Representations and Warranties. Contractor represents and warrants that (a)
Contractor will comply with all federal, state and local laws, codes, ordinances, rules,
regulations, recorded covenants, conditions and/or restrictions, and statues applicable
to the Project (collectively, "Laws"), (b) Contractor shall be responsible for the quality
and coordination of all Services provided by or through Contractor under this
Agreement, and (c) the Services performed will conform to the requirements of this
Agreement. All Services not conforming to this Agreement will be considered defective
and, in addition to any other rights or remedies available to The City of Muskegon,
Contractor will re-perform the non-conforming portion of the Services at no additional
cost or expense. All representations and warranties provided in this Section 4 or
elsewhere in this Agreement shall survive any termination of this Agreement.
5. Contract Time. Contractor shall commence the Services upon its receipt of a written
notice to proceed from The City of Muskegon, whereupon Contractor shall diligently
perform such Services in accordance with this Agreement and the schedule attached
hereto as Exhibit B, which Services shall be properly completed on or before the date
set forth thereon (the "Contract Time"). Timely completion of the Services is of the
essence with respect to this Agreement. Contractor agrees to perform all Services and
all portions thereof promptly, diligently and in such order and sequence as is necessary
to assure the efficient, expeditious and timely completion of all Services. Contractor
Page 2 of 12
shall proceed with the Services so as not to hinder, delay, or interfere with the work or
services of others. In the event Contractor causes delay on the Project, Contractor shall
be responsible for costs and expenses associated with such delay. Contractor shall, upon
written request from The City of Muskegon, reimburse The City of Muskegon for such
delay damages.
6. Additional Services. The City of Muskegon, without invalidating this Agreement, may
require the Contractor to make changes in the Services within the general scope of the
Services, consisting of additions or other revisions ("Additional Services"), and may
order deletions in the scope of Services to be performed by Contractor by issuing a
written order to the Contractor pursuant to the provisions of this Agreement (a "Change
Order"). The Change Order will describe any adjustments to the Contract Price and/or
Contract Time. In order to be effective, such Change Order must be executed by The City
of Muskegon and Contractor.
7. Payment.
(a) Compensation. Except as may be adjusted pursuant to the terms of this
Agreement, The City if Muskegon shall pay Contractor, as full and complete
compensation for the proper performance of all Services in accordance with and
consistent with this Agreement, as described on Exhibit C attached hereto (the
("Contract Price"). If the City if Muskegon corrects any breach of this Agreement
by Contractor and/or corrects any deficient, defective or nonconforming
Services performed by the Contractor or anyone for whom Contractor is
responsible, then the Contract Price shall be reduced in the amount reasonably
determined by The City if Muskegon to compensate for such breach. If the
unpaid balance of the Contract Price is less than the total amount by which the
Contract Price is reduced pursuant to this Section, the difference shall be paid
by Contractor to the City if Muskegon. The City if Muskegon shall pay Contractor
with the frequency described on Exhibit C.
(b) Related Information. Contractor acknowledges and agrees that as a condition to
payment, Contractor shall deliver such documentation as The City of Muskegon
requests, to ensure the Services have been properly completed.
8. Insurance and Indemnity.
(a) Contractor's Insurance. Contractor shall purchase and maintain, from a company
or companies authorized to do business in the state in which the Project is
located, insurance in such amounts and coverage as required by The City of
Muskegon. All such insurance shall be on an occurrence basis and shall be
procured from carriers maintaining an A.M. Best Rating of A-VII or higher. Such
insurance shall include, but not be limited to: general liability coverage with
limits not less than $1,000,000 per occurrence and $2,000,000 in aggregate, and
with commercial vehicle coverage; and Worker’s’ Compensation insurance with
coverage as required by law. Contractor shall submit to The City of Muskegon
Page 3 of 12
certificates of the insurance procured by Contractor with respect to the
performance of Services. With the exception of Workers' Compensation, the
insurance coverage required by this Section shall name The City of Muskegon as
an additional insured and shall not be canceled or allowed to expire without
thirty (30) days prior written notice to The City of Muskegon. The coverage on all
such policies required from Contractor pursuant to this Section shall be primary
to any valid and collectible insurance carried by The City of Muskegon.
(b) Indemnity. Contractor shall, to the maximum extent permitted by Law, defend,
indemnify and hold harmless The City of Muskegon and any owner of real
property where Services are performed, and their respective owners, affiliates,
subsidiaries, successors, assigns, officers, directors, employees, agents and any
other party to whom The City of Muskegon may be liable (collectively, the
"Indemnitees") from and against any and all claims, liabilities, losses, demands,
damages, losses, causes of action, costs and expenses, including by way of
example and not of limitation, attorneys' fees, The City of Muskegon expenses,
litigation expenses and punitive damages (collectively, "Losses") arising out of,
resulting from or in connection with, this Agreement, including by way of
example, but not of limitation, performance of any and all Services. This
indemnity obligation shall not be construed to negate, abridge or otherwise
reduce any other right or obligation of indemnity which would otherwise exist as
to any party or person described in this Section 8. Contractor shall not be
obligated to indemnify an Indemnitee for claims arising from the sole negligence
of such Indemnitee. The indemnification obligation shall not be limited in any
way by any limitation on the amounts or type of damages, compensation,
termination of this Agreement, or benefits payable by or for The City of
Muskegon under worker's compensation acts, disability benefit acts, other
employee benefit acts or applicable insurance policies. Without limiting the
foregoing, Contractor's indemnity obligations under this Agreement shall survive
termination of this Agreement.
9. Termination.
(a) Termination for Cause. If Contractor fails to perform any Services properly and
diligently or fails to perform any provisions of this Agreement, the same shall be
considered a breach of this Agreement. Such breach by Contractor shall entitle
The City of Muskegon to, without limitation, (1) terminate this Agreement upon
delivery of written notice to Contractor and/or (2) cause the Services to be
completed by others selected by The City of Muskegon for Contractor's account.
Contractor agrees to immediately pay all costs and damages sustained by The
City of Muskegon because of such breach, which amounts may be deducted
from amounts otherwise owed Contractor hereunder.
Page 4 of 12
(b) Termination for Convenience. The City of Muskegon, at its sole option, may
terminate this Agreement at any time and for any reason or no reason, by giving
Contractor at least fifteen (15) days prior written notice, and should such
termination be made other than for cause, as provided in Section 9(a) hereof,
The City of Muskegon shall pay Contractor the cost of the Services actually
completed by Contractor, less all sums previously paid by The City of Muskegon
to Contractor, and any deductions made by The City of Muskegon in accordance
herewith, provided, however, the total amount to be received by Contractor
shall not in the aggregate exceed the Contract Price.
(c) Termination by Contractor. Contractor may only terminate its performance
hereunder in the event The City of Muskegon fails to timely pay Contractor in
accordance with the payment provisions of this Agreement. In such event,
Contractor shall first provide The City of Muskegon with fifteen (15) days prior
written notice of Contractor's intent to terminate pursuant to this Section 9 and
provide The City of Muskegon with fifteen (15) days to cure such non-payment.
(d) Survival of Termination. In the event this Agreement is terminated for any
reason, Contractor's duties, indemnities and all other obligations which by their
nature survive termination hereof, with respect to its Services provided through
the date of termination, shall survive such termination and be in full force and
effect for the period of time prescribed by this Agreement, or applicable Law,
whichever is longer.
10. Dispute Resolution.
(a) THE PARTIES AGREE THAT ANY DISPUTE UNDER THIS AGREEMENT SHALL,
(a) BE RESOLVED BY THE MUSKEGON COUNTY COURT SYSTEM, and
(b) CONTRACTOR AND THE CITY OF MUSKEGON KNOWINGLY AND WILLINGLY
WAIVE ANY RIGHT THEY HAVE UNDER APPLICABLE LAW TO A TRIAL BY JURY IN
ANY DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT
OR THE ISSUES RAISED BY THAT DISPUTE.
(b) Duty to Continue Performance. The existence of any claim, dispute or legal
proceeding shall not relieve Contractor from its obligation to continue to
properly perform its Services as set forth herein. In the event of a dispute with
respect to amounts payable to Contractor hereunder, The City of Muskegon shall
pay all undisputed amounts and Contractor shall continue performing any
remaining Services hereunder. Continued performance by either party shall not
waive any claims, rights or remedies Contractor or The City of Muskegon may
have concerning the dispute.
11. Miscellaneous.
(a) Entire Agreement; Severability; Governing Law. The parties have entered into
this Agreement in good faith, and it constitutes the entire understanding of the
parties, and there are no representations, warranties or undertakings made
Page 5 of 12
other than as set forth herein. Except as contemplated by Section 6 hereof, this
Agreement shall not be modified, amended, extended or changed in any manner
except in writing, signed by persons duly authorized to represent, respectively,
The City of Muskegon and Contractor. The parties intend that all terms and
provisions of this Agreement be legal and enforceable under applicable Law as
written. In the event any of these provisions should be found to be
unenforceable, it shall be stricken, and the remaining provisions shall be
enforceable. This Agreement, including its interpretation, validity and
enforcement, shall be governed by and construed in accordance with the Laws of
the State where the Project is located without regard to its choice of law
provisions.
(b) Assignment. Contractor may not assign this Agreement, in whole or in part,
without the prior written consent of The City of Muskegon, any such permitted
assignment shall be upon such terms and conditions as specified by The City of
Muskegon. The City of Muskegon shall have the right to freely assign its rights
and obligations under this Agreement.
(c) Independent Contractor; Headings and Interpretation. Pursuant to the terms of
this Agreement, Contractor shall be an independent contractor to The City of
Muskegon and shall have no other relationship to The City of Muskegon or the
projects and activities of The City of Muskegon other than as defined in this
Agreement. The headings of the Sections in this Agreement are inserted for
convenience of reference only and shall not control or affect the meaning or
construction of any of the agreements, terms and conditions of this Agreement
in any manner. Contractor agrees and represents that Contractor has carefully
considered this Agreement, including all exhibits and schedules hereto, and that
ambiguities, if any, shall not be construed or enforced against the drafter.
(d) Notices. Any notice or communication provided for hereunder will be in writing
and will be deemed given and received (1) upon delivery, if delivered personally
or by facsimile transmission with receipt acknowledged, (2) one business day
after having been deposited for overnight delivery with Federal Express or a
comparable overnight courier, or (3) three business days after deposit in U.S.
mail when sent by registered or certified mail, postage prepaid, with proof of
delivery to the address of the party shown on the signature page hereof or such
other address as a party may specify in a written notice to the other. As used
herein, "business day" means any day in which banking institutions are open for
business in the State where the Project is located.
Page 6 of 12
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first written above.
The City of Muskegon
__________________________________
Signature:
Printed Name: Timothy E. Kozal
Title: Director of Public Safety
933 Terrace St.
Muskegon, MI 49440
213-724-6903
Contractor
Earth Creations
Name of Company
Signature of Contractor
Printed Name: ______________________
Title: ______________________________
Page 7 of 12
EXHIBIT A
DESCRIPTION OF CONTRACTED SERVICES
1. Services. Contractor shall provide the following services, under the direction and
supervision of The City of Muskegon Building Safety Dept., relating to yard
maintenance and trash clean-up of the properties in The City of Muskegon.
Contractor shall perform the services set forth in this contract in a timely,
workman-like manner.
(a) Mowing. Contractor shall mow all grass, weeds and brush including moving
around all obstacles, up to three inches (3") in diameter, leaving no ridges
of high or uncut grass.
(b) Trimming/Cutting/Raking. Contractor shall trim all bushes and unsightly
branches, cut large tree limbs that have fallen or logs, rake and remove
heavy concentrations of yard clippings, small debris and fallen leave s
and/or branches. Contractor shall clear sidewalk of debris and clippings as
needed.
(c) Garbage, debris and waste removal. Contractor shall pick up and remove
all garbage, rubbish, debris, trash and waste materials, including but not
limited to cans, bottles, loose papers, dead tree limbs, grass and brush
clippings, abandoned/broken/unused household appliances, furniture, and
other like items.
(d) Disposal.
i. Contractor shall handle and dispose of Freon according to the applicable
State and Federal mandates.
ii. Contractor shall ensure the separation and individual disposal of
garbage and lawn debris.
iii. All garbage, debris, trash, waste materials, grass, weeds, brush,
appliances, furniture and other items removed from each site shall be
transported by the Contractor for disposal to a location predetermined
by The City of Muskegon.
(e) Photographs. Contractor shall photograph each job site prior to and
after completion. The photographs will indicate each job site address
and/or location to ensure proper identification of the location and/or
property. The photographs shall also indicate the time and date the
picture was taken. All processing cost associated with this service shall
be the sole responsibility of the Contractor. Photographs are to be
marked with the enforcement number that corresponds with the work
order they represent.
Page 8 of 12
(f) Record Keeping. Contractor agrees to keep proper records of all work
performed on behalf of The City of Muskegon. This includes electronic daily data
entry of work orders completed on a shared source.
(g) Other. Contractor may be required to perform other related work as
deemed necessary by The City of Muskegon.
2. Expenses. Contractor shall be responsible to pay for all expenses incurred by Contractor
related to the performance of its duties under this Agreement and for all compensation
owed to its workers and/or subcontractors.
3. Contract Price. The City of Muskegon agrees to pay Contractor, in full
consideration for the complete performance of Contractor's obligations under
this Agreement, the amount set forth in the Contractor's bid proposal and
documents described in paragraph 1.
4. Assignments. Work assignments are determined on an as needed basis.
5. Contractor Work Crew.
(a) The City of Muskegon reserves the right to limit the size of work crews at
any time.
(b) The City of Muskegon Representatives. The City of Muskegon may assign
one or more persons to the job site as its Representative(s). The City of
Muskegon Representative(s) may supervise work crew in their performance
at the job site and may instruct the work crews as to what tasks must be
performed.
6. Specific Reservations.
(a) The City of Muskegon reserves the right to have Contractor bag or
remove debris and/or trash from the property and place the same on the
terrace at the property for removal by the City refuse contractor.
(b) The City of Muskegon reserves the right to have the City refuse
contractor clean up the debris and/or trash left on the terrace at a work
site property on an as needed basis.
(c) The City of Muskegon reserves the right to use volunteers, court
ordered public service workers and/or prisoners in lieu of Contractor's
services for any work indicated throughout this Agreement.
Page 9 of 12
EXHIBIT B
Schedule
1. Schedule.
(a) Work schedules shall be completed by The City of Muskegon on a daily or
as needed basis.
(b) Provisions shall be made, at Contractor's expense, for contacting the
Contractor on short notice or in an emergency situation by any of the
following methods:
i. Telephone
ii. Cellular Telephone
2. Work Orders.
(a) Distribution. Work orders will be distributed to the Contractor
electronically at the end of each day.
(b) Completion. All jobs listed must be completed within five (5) working days
following receipt of the work order by Contractor and on a first-come, first-serve
basis.
i. Rush or special requests may be made on occasion, as
determined by The City of Muskegon.
ii. Time extensions may be permitted for inclement weather and
similar restricting circumstances, as determined by The City of
Muskegon.
iii. All completed work orders and billing shall be presented to The
City of Muskegon every Friday.
(c) Travel Time. Travel time shall be charged by Contractor as follows:
i. Time may be charged for travel from a completed job site to another job
site. Travel time shall be shown on a voucher completed for the
destination site.
ii. Time may be charged for travel to and from a disposal site with a
full load of garbage, trash, waste and other items. Travel time shall
be indicated on a dump voucher or slip.
iii. Travel time shall only be compensated for direct and logical routes.
iv. All vouchers, bills, slips and pictures pertaining to a work order or a job
site shall be submitted to The City of Muskegon at the same time.
v. Requests for payment that are submitted without the proper
documentation, including but not limited to vouchers, bills, slips
and pictures will not be accepted until such time all such items are
submitted.
Page 10 of 12
EXHIBIT C
Contract Price
Contractor shall be paid based on the hourly rate schedule set forth below.
Services performed on an hourly rate basis will be performed at the rates set forth below
(the "Hourly Rates") are as follows:
Position Description Hourly Rate
1 Year Bid 2 Year Bid 3 Year Bid 4 Year Bid
Trash Pickup $89/hr. $90/hr. $91/hr. $92/hr.
Tractor Mowing $79/hr. $81/hr. $83/hr. $83/hr.
Zero Turn Mowing $79/hr. $81/hr. $83/hr. $83/hr.
Hand Mowing $65/hr. $66/hr. $67/hr. $68/hr.
Terrace/24 Hr. Pickup $89/hr. $90/hr. $91/hr. $91/hr.
Leaf/Brush $89/hr. $90/hr. $91/hr. $92/hr.
Contractor shall send The City of Muskegon any invoice setting forth the aggregate Hourly
Rates for the immediately preceding month as required by Section 7 of this Agreement
1. Payment.
1. Form
i. Requests shall include a list of job numbers, addresses and with
the corresponding cost of each job.
ii. Requests shall be on a per-quarter hour basis; total time per job
to be agreed to by the Contractor and The City of Muskegon
Representative.
iii. Requests for work completed that were not performed in
compliance with subsection 9(b) may not be compensated. This
includes but is not limited to work that was not completed due
to being asked to leave the property, inability to perform work
on the property, work orders that The City of Muskegon or The
City of Muskegon have asked to be removed, work that was
completed in the time between the work order being issued
and contractors arriving to the site.
iv. Inadvertent payment made to the Contractor for work not
performed in compliance with the terms of this contract,
or for any other reason, will be deducted by The City of
Muskegon from subsequent payments.
2. Frequency. Request for payment shall be made every Friday and payment
will be made twice per month pursuant to the City of Muskegon’s standard
payment practices.
Page 11 of 12
ADDENDUM
Contractor shall furnish or supply all the equipment and labor necessary to carry out
its obligations under this Agreement. The equipment and labor include but is not
limited to: general labor, daily office manager, technical personnel, machinery, tools,
transportation, fuel, and all other such materials. All equipment must meet the
safety standards as required by MIOSHA.
1. Inspection. The City of Muskegon or its designated agents shall be able to
inspect for safety, appearance and sanitation, all equipment used by
Contractor to carry out its obligations under this Agreement. The City of
Muskegon may refuse Contractor the right to utilize any equipment that is
deemed unsafe, unsanitary or of an unsightly appearance based on that
inspection. In that event, Contractor shall repair, replace or restore the
equipment to a suitable condition as soon as reasonably possible.
2. Required Equipment
(a) Four (4) trucks for 2-man hand mow crews
(b) Eight (8) Push mowers
(c) Eight (8) Weed trimmers
(d) Four (4) tractors with a 60” brush hog mower with a mower deck of a
minimum five feet (5') diameter for each.
(e) Two (2) dump trucks or two (2) heavy duty trucks with trailers.
Minimum size: 10 yards with a 4,000 lb. capacity.
(f) Two (2) Zero turn riding mowers
(g) Chain saws
(h) Hand tools, including rakes, brooms, wheel barrels, shovels, pitch forks,
and other tools as deemed appropriate for the job site.
(i) Twelve (12) Digital cameras, minimum 3-megapixel resolution with
automatic time and dating capacity.
(j) Twelve (12) whiteboard signs with ability to measure 6” to show
proof of work and grass height.
(k) Online database for required pictures, job status updating and
receiving work orders.
(l) Alternative equipment may be proposed for use but requires The City of
Muskegon approval prior to use.
3. Method of Transportation. Contractor agrees to haul tractors, mowers and other
equipment to the job location, unless otherwise approved by The City of
Muskegon.
Page 12 of 12
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 23, 2023 Title: All Traffic Solution Contract Renewal
Submitted By: Director Timothy E Kozal Department: Public Safety
Brief Summary: All Traffic Solutions contract is up for renewal as of September 30, 2023
Detailed Summary & Background: All Traffic Solutions is the company that we have purchased our
digital display traffic trailers (2). This contract will be for the continued upkeep of technical support
which allows the police department to program the trailers from a desktop in the office, receive
satellite signal. The traffic trailers have been used in different area of the city to reduce speeding
and at Pere Marquette notifying of paid parking and speed. This amount for the 3-year contract is
at a 20% savings to the City.
Goal/Focus Area/Action Item Addressed: COMMUNITY CONNECTION
Amount Requested: $7,200 for a 3-year Amount Budgeted: $7,200 for a 3-year
contract contract
Fund(s) or Account(s): 101-301-801 Fund(s) or Account(s): 101-301-801
Recommended Motion: For Commission to approve the renewal of the 3-year contract with All
Traffic Solutions.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology
Yes
Other Division Heads Communication
Legal Review No
For City Clerk Use Only:
Commission Action:
ALL TRAFFIC SOLUTIONS
PREMIER CARE PLAN
PREMIER CARE COVERS ANY MANUFACTURING DEFECT ON AN
ATS-MANUFACTURED UNIT DURING ITS LIFESPAN, PROVIDED THE
UNIT IS SUBSCRIBED TO TRAFFICLOUD ®.
In cases of a manufacturing defect, ATS will pay for shipping to and from the Customer.
ATS reserves the right to repair or replace the warrantied part or parts at its sole
discretion. Units will be repaired expeditiously, however, repairs on older units may
be delayed due to the availability of parts. If ATS deems the issue not to be caused by
a manufacturing defect, the Customer will be notified and given the option to proceed
with product repairs at standard ATS repair rates.
Premier Care does not include the use of a loaner unit The following items are not covered by Premier Care:
while the unit is being serviced.
• SLA (sealed lead acid) and trailer batteries
As an additional Premier Care benefit, the following • Trailers are not covered under Premier Care, only
items are covered at 50% of standard ATS repair rates: the display units on the trailers are covered
• LFP batteries
ATS is not responsible for any consequential damages
• Damage resulting from misuse or abuse that
that result from violent maneuvers, collisions, or other
include using the product in ways for which it
circumstances, even though the device(s) is/are used
was not intended
according to instructions. ATS specifically disclaims
• Vandalism
any liability for injury caused by the product in all such
• Accidents circumstances. As an expressed warning, the user
• Damage due to incorrect installation or operation should be aware that ATS specifically disclaims any
• Acts of nature liability for injury caused by the product in all such
circumstances involving harmful personal contact.
• Normal wear and tear such as frayed cords or
cables, broken connectors, scratched or broken Visit our support page at:
enclosures
https:// www.alltrafficsolutions.com/support.
All Traffic Solutions 12950 Worldgate Drive, Suite 310, Herndon, VA 20170. ©All Traffic Solutions
Connected Solutions for
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 23, 2023 Title: Lumberjacks Renovations
Submitted By: Jake Laime Department: Arena
Brief Summary: Seeking approval to construct new team space at Trinity Health Arena. In exchange, the
Lumberjacks would like to add an additional renewal option to Lumberjacks Shared Use Agreement.
Detailed Summary & Background:
Muskegon Lumberjacks Organization LLC, parent company of the USHL’s Muskegon Lumberjacks, are
seeking approval to construct a second story office suite above their existing players’ lounge and coaches’
offices. The proposed space would be built into the necessary locker room and supporting medical space
to provide the Lumberjacks the best amenities and continued success in player recruitment while also
providing a much-needed presence and access to and from the arena concourse. All construction would be
fully funded by the Muskegon Lumberjacks Organization LLC. Due to the nature of the cost to build, the
Muskegon Lumberjacks Organization LLC is requesting an additional 10yr renewal option added to their
shared use agreement. Attached is the proposed sixth amendment as well as a general concept of
construction.
Goal/Focus Area/Action Item Addressed: Destination, Community and Quality of Life (Enhanced
Recreation and Services)
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Approve continued exploration for the addition, amendment and authorize the
City Manager and Clerk to sign.
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head X Information Technology
Yes x
Other Division Heads X Communication
Legal Review X No
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 23, 2023 Title: Parks & Recreation
Advisory Committee
Establishing Ordinance – 2nd
Reading
Submitted By: Kyle Karczewski, Parks & Recreation Director Department: Public Works
Brief Summary: Ordinance to provide guidelines for the creation of a Parks & Recreation Advisory
Committee.
Detailed Summary & Background: Please find these attachments:
1. Parks & Recreation Advisory Committee Ordinance
City staff is looking for feedback from the commission on moving forward with the guidelines for
forming the Parks & Recreation Advisory Committee.
Goal/Focus Area/Action Item Addressed: Goal 1. Establish a robust Parks & Recreation
improvement plan.
Amount Requested: 0 Amount Budgeted:
n/a
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Move to adopt Parks & Recreation Advisory Committee ordinance as
presented.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology
Yes
Other Division Heads Communication
Legal Review No
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
The purpose is to create an ordinance to provide the ability to create the Parks & Recreation Advisory
Committee
ARTICLE III. PARKS AND RECREATION ADVISORY COMMITTEE*
Sec. 68-61 Definition.
As used in this article, the term “board” means the Parks and Recreation Advisory Committee created by
this article.
Sec. 58-62. Created; composition; appointment of members.
There is hereby created a parks and recreation advisory committee consisting of eleven members as
follows:
(1) One shall be a member of the city commission to be selected by and from the city
commission that will serve as the board chair.
(2) One shall be a member from Muskegon Public Schools.
(3) One shall be a citizen who resides in the City of Muskegon.
(4) Eight shall be citizens who reside in the City of Muskegon with two being representative of
each of the four wards.
Sec. 58-63. Terms of members; filling of vacancies.
(a) The term of any member of the board shall not exceed three years.
(b) Notwithstanding subsection (a) of this section, any member of the board shall serve at the
pleasure of the city commission.
(c) Vacancies on the board shall be filled by mayoral appointment with the approval of the city
commission.
Sec. 58-64. Selection of officers; general powers and duties of board.
(a) The members of the board shall meet and organize by selecting such officers as may be
necessary and adopt any rules or bylaws deemed necessary by the board to discharge in an
orderly manner those duties hereafter assigned.
(b) It shall be the duty of the board to advise the city commission upon those matters relating
to the proper conduct of public recreation, programs and/or facilities within the city which
shall be referred to such board from time to time, by the director of parks & recreation;
provided, however, nothing contained in this article shall prohibit any member of the board
from placing any item of business on the agenda of any board meeting. In addition, thereto,
the board shall advise the city commission upon matters referred to the board from time to
time by the city commission.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC - City Clerk
CERTIFICATE (Creation of the Parks & Recreation Advisory Committee)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan,
does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City
Commission of the City of Muskegon, at a regular meeting of the City Commission on the 23rd day of
May 2023, at which meeting a quorum was present and remained throughout, and that the original of
said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was
conducted and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts
of Michigan of 1976, and that minutes were kept and will be or have been made available as required
thereby.
DATED: May 23, 2023 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish
Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on May 23, 2023 the City Commission of the City of Muskegon adopted an
ordinance to provide the ability to create a Parks & Recreation Advisory Committee, summarized as
follows:
1. The board shall consist of eleven members including a city commissioner, residents of the City of
Muskegon, and a professional with experience relating to the board.
2. The board will advise the city commission upon matter relating the proper conduct of public
recreation, programs and/or facilities within the city.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk
in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published CITY OF MUSKEGON
By: Ann Meisch, MMC, City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 23, 2023 Title: Brownfield Development & Reimbursement
Agreement, The Meadows at Harbor 31 LLC,
170 Viridian Dr.
Submitted By: Contessa Alexander Department: Economic Development
Brief Summary: Approval of the Brownfield Development and Reimbursement Agreement for The Meadows
at Harbor 31 LLC and to consider the attached resolution.
Detailed Summary:
The Meadows at Harbor 31 is located on 2.5-acres along Muskegon Lake. The proposed redevelopment
activities will include a 21 two-story multi-family duple style residential homes with surrounding grass lawn
areas, sidewalks and roadways creating a walkable community that provides access to Muskegon Lake,
greenspace areas in downtown Muskegon. Sustainable development concepts are proposed throughout the
project including green building techniques and low-impact development and stormwater management. The
total costs for the eligible activities, including contingencies and interest, are $1,961,135. The Brownfield TIF
Revenue will be used to reimburse the Developer for the Developer Eligible Activities incurred and approved
for the Project.
The Total private investment, not including property acquisition, is approximately $7,000,000. Development
is expected to begin this fall through 2024.
The Development & Reimbursement Agreement outlines the procedures for the City to reimburse the
Developer for eligible expenses within the Brownfield Plan. The Authority shall pay 100% of the available
Brownfield TIF Revenue to the Developer to reimburse the costs of Developer Eligible Activities. The
Developer will provide the BRA a request for payment of eligible expenses. The BRA has 30 days to approve
the request. Payments are made on a semi-annual basis when incremental local taxes are captured and
available. This agreement is to be approved by the Brownfield Redevelopment Authority during a special
meeting held on May 23, 2023.
The Brownfield Plan Amendment was approved by the BRA on April 14, 2023 and the Commission on April
25, 2023.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Approval of The Meadows at Harbor 31 LLC Brownfield Development and
Reimbursement Agreement and authorize 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
DEVELOPMENT AND REIMBURSEMENT AGREEMENT
The Meadows at Harbor 31 LLC, 170 Viridian Dr. The
Meadows at Harbor 31
County of Muskegon, Michigan
2023-May 23
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 23 day of May,
2023 at 5:30 p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by ______________ and
supported by ______________.
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 Development and Reimbursement Agreement; and
WHEREAS, the Authority has forwarded the Development and Reimbursement
Agreement to the City Commission requesting its approval of the Development and
Reimbursement Agreement and
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 Development and Reimbursement Agreement 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:
ABSENT:
RESOLUTION DECLARED APPROVED.
_____________________________________
Kenneth D. Johnson, Mayor
_____________________________________
Ann Marie Meisch, City Clerk
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular
meeting held on May 23, 2023 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 that the minutes of said meetingwere kept and will
be or have been made available as required by said Act.
______________________________
Ann Marie Meisch, City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 25, 2023 Title: FY24 DWRF Project Plan Updates
Submitted By: Dan VanderHeide Department: DPW
Brief Summary: The City’s DWRF Project Plan on file with the state for future revolving fund projects
has been updated, and the City needs to receive comment and adopt the plan by resolution.
Detailed Summary & Background: The City has taken advantage of favorable rates and even
some principal forgiveness as a part of the state’s Revolving Loan Fund programs to complete
substantial utility improvement projects, such as the Sanford Street project currently underway. In
order to be eligible for these programs, projects must be included in the City’s “Project Plan” that is
on file with the state department of EGLE. The specific projects proposed for the program are not
known at this time; this Project Plan is simply a list of projects the City may propose for the
program in the future. The list is used by the state to perform preliminary environmental and other
clearance work so they are prepared for the projects if and when the City proposes them.
Prein & Newhof has updated our Drinking Water Revolving Fund (DWRF) Project Plan (the plan
dedicated to drinking water projects) to show potential projects over the next several years. Part of
the updating process includes holding a meeting where the public can comment on the plan
(satisfied by today’s meeting and the public comment periods within it), and a resolution by the
Commission adopting the plan. The resolution is attached.
An Executive Summary of the Project Plan is included. For the full version (520 pages, 34MB),
please visit: 2023-05-08 DWRF Project Plan - Muskegon -DRAFT
Goal/Focus Area/Action Item Addressed: Sustainability in financial practices and infrastructure
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: I move to adopt the City’s 2024 DWRF Project Plan by the included resolution.
Approvals: Legal Review Guest(s) Invited / Presenting
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
For City Clerk Use Only:
Commission Action:
A RESOLUTION ADOPTING A FINAL PROJECT PLAN
FOR WATER SYSTEM IMPROVEMENTS AND
DESIGNATING AN AUTHORIZED PROJECT REPRESENTATIVE
WHEREAS, the City of Muskegon recognizes the need to make improvements to its existing water supply
and distribution system; and
WHEREAS, the City of Muskegon authorized Prein&Newhof to prepare a Project Plan, which
recommends improvements to provide a more reliable and resilient water supply and distribution system
including replacement of aging or undersized water mains, replacement of lead service lines, which can cause
elevated lead concentrations in homes, and replacement or rehabilitation of aging components of the Water
Filtration Plant and a storage tank; and
WHEREAS, said Project Plan was presented at a Public Meeting held on May 23, 2023 and all public
comments at the hearing or written comments submitted during the public comment period have been
considered and addressed.
NOW THEREFORE BE IT RESOLVED, that the City of Muskegon formally adopts said Project Plan
and agrees to implement the selected FY 2024 projects based on the selected alternatives for those projects.
BE IT FURTHER RESOLVED, that the Director of Public Works, a position currently held by Daniel
VanderHeide, is designated as the authorized representative for all activities associated with the project
referenced above, including the submittal of said Project Plan as the first step in applying to the State of
Michigan for a Drinking Water Revolving Fund Loan to assist in the implementation of the selected
alternative.
Yeas:
Nays:
I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on May
23, 2023.
BY: Ann Meisch, City Clerk
______________________________________________________________________________
Signature Date
(EQP 3530 REV 01/2015)
DRAFT Drinking Water State Revolving Fund Project Plan
Executive Summary
A Project Planning Document (PPD) has been prepared on behalf of the City of Muskegon,
Michigan, for the purpose of applying for a Drinking Water State Revolving Fund (DWSRF) loan
and potentially grants, from the Michigan Department of Environment, Great Lakes, and Energy
(EGLE), for the construction of improvements to the City of Muskegon’s water system.
The City of Muskegon has a high-quality water source, Lake Michigan. The water is treated at a
treatment plant on the shore of Lake Michigan, and then pumped to the distribution system, which
supplies City residents and several customer communities outside of the city limits.
While the water system has not had any health-based violations in recent years, the water system
needs continual investment to maintain compliance and meet level of service goals. Many of the
city’s facilities have reached, or are reaching, the end of their useful service lives. Prein & Newhof
has worked closely with city staff to identify and prioritize projects to meet system needs. Several of
the projects that occur within city streets are coordinated with sanitary sewer or street replacement
projects that also are in the same street. This allows cost saving to both the water and sewer funds.
Project Needs and Selected Projects
A list of the projects and project descriptions planned for the State’s Fiscal Year 2024, as well as
future projects, are provided in Table 5. The water distribution system is shown in Figures 1 and 2
and the locations of the proposed projects are shown in Figure 3.
The following is a summary of the needs and projects that have been identified:
• Distribution System
There are numerous locations within the City distribution system that require replacement
due to age, deficient maximum flow, pipe diameter, and inaccessibility. Almost half of the
system consists of water mains over 80 years old. These aging cast iron mains have a higher
risk of failure due to water main breaks, which can pose a threat to public health. In
prioritizing of these projects, preference was given to projects that overlap with other City
4910 Stariha Drive Muskegon, MI 49441 t. 231-798-0101 f. 231-798-0337 www.preinnewhof.com
S:\2023\2230379 City of Muskegon\REP\2023 Executive summary FY2024 DWSRF Project Plan.docx
infrastructure projects followed by the more urgent projects identified in various other studies
prepared. See Table 5 and Figure 2 for a description of and the location of selected projects.
• Lead Service Lines
Based on records and field verifications as of the end of 2022, the City estimates
approximately 10,400 lead, or galvanized pipe connected to or previously connected to lead,
water service lines are present in the City. The Michigan Safe Drinking Water Act requires
the City to replace these within 20 years at a cost of over $6 million per year. To meet the
required 20-year replacement period, the City would be required to replace approximately
575 services a year.
• Water Storage
The city of Muskegon has several elevated water storage tanks. The Nims tank is a one
million gallon tank that was constructed in 1937 and has been identified as the highest
priority for repainting. Periodic repainting is needed to preserve the life of the tank and to
protect water quality. A mixer for the tank is also proposed to reduce potential issues due to
stagnant water in the tank. Safety equipment and the roof vent will also be repaired.
• Filtration Plant
Projects at the plant include several sections of roof replacement. The water filtration plant is
a large building and roof replacement is critical to prevent leaks into areas that could impact
water being treated in the building. Several areas of the plant have been designated for
replacement of roofs over 20 years old. Screens on the water supply intake from Lake
Michigan are critical to protect downstream pumps from debris. The screens are original to
the 1965 intake and have reached the end of their useful lives.
Alternatives Analysis
Alternatives were considered in the process of project evaluation and selection as described in the
Project Plan. Since most projects are a direct replacement for aging infrastructure, this was limited to
consideration of various alternative methods of construction of materials.
S:\2023\2230379 City of Muskegon\REP\2023 Executive summary FY2024 DWSRF Project Plan.docx
Environmental Evaluation
No long-term environmental, or cultural/historic, impacts have been identified. All projects are
within existing developed right-of ways or structures; therefore, no impacts are not expected. The
Indiana bat, an endangered species, and the Northern long-eared bat, a threatened species, have some
potential to be in the area. No trees will be removed during nesting season between March 31 and
October 1 unless a survey for bats is done first. However, if the projects move forward additional,
more detailed analysis will be conducted in each area. There will be short-term impacts that are
typical during construction such as traffic detours, dust, and noise. These will be controlled as much
as possible during the projects.
Financial Analysis
As shown in Table 5, the estimated probable cost of the proposed projects for FY 2024 is
approximately $26,084,000 for the eligible costs. At an estimated interest rate of 2.75% for a 20-
year period, the annual debt service for the proposed projects will be approximately $1,713,000 per
year. This would represent an approximate increase in user rates of $7.00 per month for the average
residential user. This is based on 20,784 meter equivalents for city customers only. The City will
decide on the final number of projects to complete, and any rate adjustments, once the DWSRF
interest rate, grant levels, and principal forgiveness levels for FY 2024 are set. Future projects are
identified at $74,000,000 but a schedule has not been set except for lead service line replacement
within 20 years.
Overburdened Community
The City of Muskegon meets the definition of being “overburdened” under the criteria established by
EGLE for the DWSRF program. The City’s median annual household income of $37,827, and the
City’s taxable land value per capita of $16,910, are below the criteria established by EGLE. The
overburdened status typically qualifies the community for extra consideration for grants and loan
principal forgiveness.
S:\2023\2230379 City of Muskegon\REP\2023 Executive summary FY2024 DWSRF Project Plan.docx
CITY OF MUSKEGON
FY24 DWSRF PROJECT PLAN
Table 5 - Summary of Selected Alternatives
Total Project
Water Service DWSRF Eligible Cost
Project # Year Project Title Project Description Replacements Cost Estimate Estimate
1. FY24 Holbrook Avenue - Peck Abandon all 6-inch water main on Holbrook Ave. from Peck St. to Wood St. Tie-in all existing 6-inch north-south mains into the existing 24-inch water main. Replace all water services
6 $874,000 $2,866,000
St. to Wood St.* from the 6-inch water main to the 24-inch main from the main to the meter in the buildings.
2. FY24 6th Street - Laketon Ave. Replace existing 6-inch water main with approximately 2,000 feet of 8-inch main and replace approximately 900 ft of 16-inch main from Laketon Ave. to Washington Ave. Replace water
46 $3,516,000 $4,313,000
to Washington Ave.* services from the main to the meter in the buildings.
3. FY24 7th Street - Laketon Ave. Replace existing 6-inch water main with approximately 2,850 feet of 8-inch main from Laketon Ave. to Washington Ave. Replace water services from the main to the meter in the
36 $2,979,000 $3,709,000
to Washington Ave.* buildings.
4. FY24 Glenside Neighborhood Install approximately 1,440 feet of 12-inch water main in the road right of way on Hadden St. from Randolph Ave. to Wickham Dr and on Randolph Avenue from Westwood St. to Hadden
Phase II* St. Install approximately 350 feet of 8-inch water main in the road right of way on Randolph Ave. from Hadden St. to Wickham Dr. Install approximately 330 ft of 8-inch water main on 54 $1,908,000 $3,359,000
Wickham Dr. from Glenn St. to Hadden St. Reroute existing water services in the alley from the buildings to the new water mains in the road.
Future Glenside Neighborhood Install approximately 530 feet of 12-inch water main and 2,740 feet of 8-inch water main in the road right of way in the Glenside Neighborhood west of Wickham Dr. Roads include
72 $2,806,000 $5,154,000
Phase III* Randolph Ave., Winchester Dr., Montague Ave., and Westwood St. Reroute existing water services in the alley from the buildings to the new water mains in the road.
Future Glenside Neighborhood Install approximately 4,200 feet of 8-inch and 12-inch water main in the road right of way in the Glenside Neighborhood on Cumberland from Glen to Winchester, and on Glen, Ridge,
71 $2,774,000 $5,004,000
Phase IV* Lexington, and Beardsley from Wickham to Cumberland. Reroute water services in the alley from the buildings to the new water mains in the road.
Future Glenside Neighborhood Install approximately 5,200 feet of 8-inch water main in the road right of way in the Glenside Neighborhood on Randolph from Wickham to Glenside, Winchester from Wickham to Pine
141 $4,716,500 $10,273,000
Phase V* Grove, and on Montague from Wickham to Pine Grove. Reroute water services in the alley from the buildings to the new water mains in the road.
5. Future Wood Street - Holbrook Abandon existing 6 inch water main. Replace all water services from the 6-inch water main to the 20-inch transmission main from the main to the meter in the buildings. Replace
73 $2,013,000 $6,010,000
Ave. to Spring St.* hydrants, valves and connect east-west cross streets to the 20 inch transmission main.
6. Future Catherine Avenue - Irwin Replace existing 4-inch and 6-inch water main with approximately 3,300 feet of 8-inch main from Irwin Ave. to Wood St. Replace water services from the main to the meter in the
71 $2,869,000 $4,304,000
Ave. to Wood St.* buildings.
7. Future Jefferson Street - Laketon Replace water services from the main to the meter in the buildings.
31 $622,000 $1,748,000
Ave. to Southern Ave.*
8. Future Iona Avenue - Arthur St. to Replace existing 6-inch water main with approximately 3,400 feet of 8-inch main from Arthur St. to Wood St. Replace water services from the main to the meter in the buildings.
76 $2,991,000 $4,508,000
Wood St.*
9. Future Orchard Avenue - Myrtle Replace existing 6-inch water main with approximately 3,750 feet of 8-inch main from Myrtle Ave. to Getty St. Replace water services from the main to the meter in the buildings.
106 $3,281,000 $5,152,000
Ave. to Getty St.*
10. FY24 Madison Street - Laketon Replace existing 6-inch water main with approximately 5,160 feet of 8-inch main from Laketon Ave. to Isabella Ave. Replace water services from the main to the meter in the buildings.
50 $4,196,000 $4,196,000
Ave. to Isabella Ave.
11. Future Dale Avenue - Terrace St. Install approximately 2,465 feet of 8-inch main from Terrace St. to Wood St., and from Superior St. to Getty St. Install approximately 2,425 feet of 12-inch main from the transmission
29 $3,204,000 $3,747,000
to Getty St. main on Wood St. to Superior St., and on Superior St. from Dale Ave. to Forest Ave. Replace water services from the main to the meter in the buildings.
12. Future Catherine Avenue - Wood Replace existing 6-inch water main with approximately 2,900 feet of 8-inch main from Getty St. to Wood St. Replace water services from the main to the meter in the buildings.
60 $2,278,000 $2,560,000
St. to Getty St.
13. FY24 9th Street - Keating Ave. Replace existing 6-inch dead end water main with 510 ft of 6-inch main on 9th St. from Keating Ave. to Shelby St. Complete the loop by connecting to the transmission main in Keating
10 $336,000 $336,000
to Shelby St. Avenue. Replace water services from the main to the meter in the buildings
14. FY24 Water Filtration Plant Replace raw water low lift station intake screens. Repair roof sections 6, 7 and 8.
0 $1,885,000 $1,885,000
Improvements
15. FY24 Nims Tank Coating Recoat the exterior of Nims Tank. 0 $390,000 $390,000
16. FY24 FY24 Water Service Replace approximately 870 galvanized/lead water services at various locations throughout the City to be determined after funding is obtained.
870 $10,000,000 $10,000,000
Replacements
17. Future Future Water Service Replace an average of 450 galvanized/lead water services per year at various locations throughout the City to be determined after funding is obtained.
3669 $46,412,000 $46,412,000
Replacements
*The City has also applied for CWSRF funding for sanitary sewer gravity sewer replacement within the project area. Sanitary sewer improvement costs are not included in the DWSRF eligible cost estimates shown above. Total FY24 Cost: $26,084,000 $31,054,000
Total Future Cost: $73,966,500 $94,872,000
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EV
RA
NE AN
H
Project 5: Wood Street
RK
H
F
RI
BE
U LL ST
Catherine
E
ST
NS
I HIL
ST
BL E ON
IN
AV R E
AV TH
A
L AV
ER
ST
RT IGAN AVE AV
O
CA E
CH
AR
N E
Project 6: Catherine Avenue
M
Avenue
OMICH M O E
S S AV
TH
ST
MA
7T
ST
RE G E
N TRY CLUB DR
AV
UR
H
Project 15:
N
Project 7: Jefferson Street
Irwin to Wood
A
RO
ST
WB
Lake Michigan
EVA
ST
ST
WASHINGTON AVE TA NS
Nims Tank Coating
IRWIN AVE A TO
C NA
VE Project 8: Iona Avenue
Project 3:
B O LTW O
BEIDLER ST
NI
J:\GIS_Client\Mskgn-GD\Mskgn-GD\2230379_FY24 DWSRF Project Plan\2230379_Figure 2_Water System Improvements.mxd - PN\EJD - 5/5/2023 8:28:05 AM
ST
Project 2: Project 9: Orchard Avenue
GRAND AVE M
TERRACE ST
S
FRANKLINUST
7th Street
U
CLINTON ST
ST
A
RN
6th Street
CO Project 10: Madison Street
KINGSLEY ST
HA
SOUTHERN AVE
OD
JIROCH ST
FLEMING AVE
Project 5:
DR
GETTY ST
Project 11: Dale Avenue
DAVIS ST
Wood
EMERSON AVE
5TH ST
IRELAND AVE FOREST AVE Project 12: Catherine Avenue
Street
MESSLER ST
HUIZENGA ST
DIVISION ST
DR
Project 13: 9th Street
Project 7:
RUDDIMAN ST
MCGRAFT ST
E
RE
AV
DALE AVE
HO
Project 14: WFP Improvements
Jefferson
ER
ES
LM
K
Street Project 15: Nims Tank Coating
SEAWAY DR
LA
PA
SANFORD ST
E
AV
LARCH AVE
SMITH ST
AURORA AVE
Y
SUP ERIOR S T
ER
Project 11:
ELWOOD ST
TURNER AVE
E M
LAKETON AVE
NOTE: THE LOCATIONS OF THE WATER SERVICE
AV GO
PECK ST
COMMERCE ST
Dale Avenue
T
LA ON
NEVADA ST
ALPHA AVE REPLACEMENT PROJECTS (16 & 17) WILL BE
NO M
Project 10:
N
WINDSOR AVE
WITHIN THE CITY SERVICE AREA AND DETERMINED
Madison Street AFTER FUNDING IS OBTAINED.
A DDI
BARCLAY ST
HOLBROOK AVE
MADISON ST
TOR
SON ST
ESTES ST
BOURDON ST
YOUNG AVE
Project 1:
REN
HOYT ST
Project 13:
AVE PARSLOW DR
Holbrook
HENRY ST
ON
T
KEATING AV E
RIS
ST
HAR EEK AVE
9th Street Avenue
MA
FAIR AVE DCR WILSON AVE
OO
AVE
NN
ER W LOW DR
WIL
M
MIN
DOWD ST
CG
Project 4:
ST
DELANO AVE
Project 4:
CROWLEY ST
HUDSON ST
City of
AVE
RA
KINSEY ST
N MANN AVE
RTO
FT
MO
Glenside Glenside
PA
Muskegon
AVE
CONTINENTAL ST
RK
Phase II
G HACKLEY AVE
Phase IV
DIN
RAY ST
JARMAN ST
STEIN ST
R
HAR
MAFFETT ST
AUSTIN ST
VALLEY ST
D
KANITZ ST
WAALKES ST
DYSON ST
MO
Heights
VINCENT DR
GLEN AVE
ON
LEMUEL ST
G
ST
S
RE
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RIDG
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EN
PA R K
WESTW OOD
CRO E BARNEY AVE
AV
W
O
CUMBERLAND ST
DR
ZI
O
MCILWRAITH ST
MANZ ST
ER
E
D
PARK ST
RIORDAN ST
GLADE ST
8TH ST
REYNOLDS ST
LEXINGTON AVE
LEAHY ST
PULAS KI AVE
ST
HOWDEN ST
AV
BEARDSLEY AVE IVORY AVE
O
BAKER ST
E
BL
HOVEY AVE
PHILO AVE RANDOLPH AVE
Project 4: Muskegon
k HOWELL AVE
LETART AVE WINCHESTE R D R
an C re e
Project 4: Glenside
Township
u d di m HUME AVE
I
MONTAGUE AVE
MCC RACKEN ST
R
Glenside Phase V
!
WICKHAM DR
BELLEVUE RD
Phase III
City of City of
SHERMAN BLVD
GLENSIDE BLVD
tle k
Lit Cree
Norton Roosevelt
TEMPLE ST
9TH ST
BUNDT DR ck Feet
Bla
MANOR DR
Shores Park
0 650 1,300 2,600
MANAHAN AVE MAIN AV E
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 9, 2023 Title: Illegal Entry into a Motor Vehicle
Submitted By: Director Timothy E Kozal Department: Public Safety
Brief Summary: Proposal of an ordinance to prohibit illegal entry into a motor vehicle.
Detailed Summary & Background: Currently local and state law makes it unlawful for any person to
enter a motor vehicle and steal an item. To appropriately charge this offense, intent needs to be
proven that the defendant intended to steal when entering, or they are caught with the item they
removed from the vehicle. There is no law that prohibits anyone from just entering another
person’s vehicle. In 2022 MUPD investigated 212 reports of larceny from a motor vehicle. This
proposed ordinance makes it illegal for someone to enter another person’s vehicle. This will allow
MUPD another tool during our investigations.
Amount Requested: NA Amount Budgeted: NA
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the proposed ordinance making it illegal for someone to enter
another person’s vehicle.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology
Other Division Heads Communication Yes
Legal Review No
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. ____
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
1. Chapter 54, Article II of the Code of Ordinances of the City of Muskegon, Michigan,
Section 54-36 is adopted to read as follows:
Sec. 54-36 – Illegal Entry into a Motor Vehicle
a. It shall be unlawful for any person to enter a motor vehicle unless the person:
1. Is the owner or lessee of the vehicle, or has some other contractual interest
in the vehicle that would entitle the person to enter the vehicle; or
2. Is the owner or lessee of the real property upon which the vehicle is
located.
b. This section shall not apply to:
1. A law enforcement officer acting within the scope of the officer’s duties.
2. A motor vehicle that is lawfully being moved because it is abandoned,
inoperable, or improperly parked.
3. An employee or agent of an entity that possesses a valid lien on a motor
vehicle and who is expressly authorized by the lien holder to repossess the
motor vehicle based upon the failure of the owner or lessee of the motor
vehicle to abide by the terms and conditions of the loan or lease
agreement.
4. An individual who has permission to enter from an owner, a lessee, or an
authorized operator of the motor vehicle, or the owner or lessee of the real
property upon which the vehicle is located.
c. As used in this section:
ENTER – Includes, but is not limited to, opening a door, trunk or hood of a
vehicle, or inserting any part of one’s body, or any object connected with the
body, into a vehicle, which act shall include breaking the plane of an opened door,
window, trunk or engine area.
MOTOR VEHICLE or VEHICLE – Any vehicle that falls within the definition of
“motor vehicle” in the state’s Michigan Vehicle Code.
d. Any person convicted of a violation of this section shall be guilty of a
misdemeanor punishable by imprisonment in the county jail for not more than 90
days or by a fine of not more than $500.
2. This Ordinance is to become effective ten (10) days after adoption.
C:\PROGRAM FILES\ESCRIBE\TEMP\1111194830\1111194830,,,10B_1567160-ILLEGAL ENTRY IN TO MOTOR
VEHI.DOCX
Ayes:
Nays:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: ________________________________
Ann Marie Meisch, MMC - City Clerk
CERTIFICATE
The undersigned, being the duly qualified Clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the ____ day of _______________, 2023, at which meeting a quorum was
present and remained throughout, and that the meeting was conducted and public notice was
given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
Date:_______________________, 2023
________________________________
Ann Marie Meisch, MMC
City Clerk
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
C:\PROGRAM FILES\ESCRIBE\TEMP\1111194830\1111194830,,,10B_1567160-ILLEGAL ENTRY IN TO MOTOR
VEHI.DOCX
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2023, the City Commission of the City
of Muskegon adopted Chapter 54, Article II, Sections 54-36, summarized as follows:
1. TO BE COMPLETED LATER
Copies of the ordinance may be viewed and purchased at a reasonable cost at the Office
of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular
business hours.
This ordinance amendment is effective ten (10) days from the date of this publication.
Published: _________________, 2023 CITY OF MUSKEGON
By________________________
Ann Marie Meisch, MMC
City Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
C:\PROGRAM FILES\ESCRIBE\TEMP\1111194830\1111194830,,,10B_1567160-ILLEGAL ENTRY IN TO MOTOR
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 23, 2023 Title: Lakeshore Art Festival
Grant
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: The City of Muskegon is in the process of pursuing a grant from the Michigan Arts and
Culture Council Grant (MACC) in the amount of $25,000 to support the 2024 Lakeshore Art Festival. Grant
funds will support artists’ fees (performers and artists), art supplies for the interactive art activities, and
marketing efforts to attract a diverse audience. Per the grant requirements, the funds will be matched 1:1
from the Festival budget through sponsorship dollars.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed: Action item 2022-1.4 Proceed with events and activities.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To authorize staff to apply for the MACC grant in the amount of $25,000.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology
Other Division Heads Communication Yes
No
Legal Review
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Title: Public Hearing - Request for an Industrial
Commission Meeting Date: 5-23-23
Facilities Exemption Certificate – Pacific
Floorcare, 2259 S Sheridan Dr.
Submitted By: Contessa Alexander Department: Planning & Economic Development
Brief Summary: Pacific Floorcare has requested an Industrial Facilities Tax Exemption
Certificate. The company will be making an investment of $2,570,524 in real property
improvements and plans on creating up to 17 jobs as part of the overall project, qualifying
them for a 12-year abatement.
Detailed Summary:
Pacific Floor Care is a manufacturing facility providing quality, and innovative floor care equipment.
Pacific Floorcare will begin construction for an expansion this month. The expansion will add an
additional 36,000 sq ft to the property on 2259 South Sheridan Drive. The new combined building will
be 72,000 sq ft of commercial office and manufacturing space.
The new facility will provide for additional rotational molding equipment and new production lines in
support of new product launches. The new building will also include a 2,100 sq ft customer training
center. The total investment for this project is $2,570,524 in real property. This project will create 17
new jobs, add additional space for lines, warehousing, products and training.
Staff Comments:
There is an established Industrial Development District on this site from July 26,1983 that
encompasses the Port City Industrial Park and is included in the agenda packet.
The IFT committee reviewed the applicant's project on May 9, 2023 and based on their findings and
calculations, the committee suggests approval of the attached resolution for a term of 12 years for
real property. The business has turned in all of the necessary documents and application fee.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To close the public hearing and approve the resolution granting an Industrial
Facilities Exemption Certificate for a term of 12 years for real property to Pacific Floor Care.
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 No. _______ MUSKEGON
CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE OF INDUSTRIAL
FACILITIES EXEMPTION CERTIFICATE Pacific Floorcare
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on
May 23 2023 this Commission by resolution established an Industrial Development
District as requested by Pacific Floorcare, 2259 South Sheridan Drive. Muskegon,
Michigan 49441; and
WHEREAS, Pacific Floorcare has filed an application for the issuance of an Industrial
Facilities Tax Exemption Certificate with respect to a building expansion and new machinery and
equipment to be installed within said Industrial Development District ; and
WHEREAS, before acting on said application the Muskegon City Commission held a
public hearing on May 23, 2023 at the Muskegon City Hall in Muskegon, Michigan at 5:30
p.m. at which hearing the applicant, the assessor and representatives of the affected taxing
units were given written notice and were afforded an opportunity to be heard on said
application; and
WHEREAS, the installation of machinery and equipment is calculated to and will have
the reasonable likelihood to retain, create, or prevent the loss of employment in
Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the
City of Muskegon, will not exceed 5% of an amount equal to the sum of the SEV of the unit,
plus the SEV of personal and real property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of
Muskegon, Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered together
with the aggregate amount of certificates previously granted and currently in force under Act
No. 198 of the Public Act of 1974 as amended and Act No. 255 of the Public Acts of 1978 as
amended shall not have the effect of substantially impeding the operation of the City of
Muskegon or impairing the financial soundness of a taxing unit which levies ad valorem
property taxes in the City of Muskegon.
2) The application of Pacific Floorcare, for the issuance of an Industrial Facilities Tax Exemption
Certificate with respect to the building expansion and installation of new machinery and
equipment on the following described parcel of real property situated within the City of
Muskegon to wit:
Page 3
CITY OF MUSKEGONREVISED PLAT 1903MUSKEGON VALLEY FURNITURE COMPANCY SUB
DIVTHAT PT OF BLK 98 DESC AS BEG AT THE NE COR OF LOT 15 BLK 2 TH S 32D 05M 00S W ALG
SLY LN OF SD LOT 110.50 FT TH N 57D 55M 00S W 174 FT TH S 32D 05M 00S W 161 FT TH S 39D
32M 00S W 113.45 FTTH S 50D 09M 32S E 228.02 FTTH S 80D 04M 58S E 202.84 FT TH N 00D 25M
00S W ALG W ROW OF GETTY ST 393.12 FTTH N 57D 55M 00S W ALG THE SLY LN OF LOUIS AVE 15
FT TO THE POBALSO BEG AT THE SLY COR LOT 15 BLK 2 TH N 57D 53N 22S W 174 FT ALG SWLY
LN SD SUBDIV FOR POB TH S 32D 31M 15S W 161 FT TH S 39D 19M 14S W 106.32 FT TH N 10D 09M
56S E 297.29 FT TO SWLY LN BLK 2 TH S 57D 53M 22S E 121.86 ALG SWLY LN BLK 2 TO POB
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force
and effect for a period of twelve (12) years on real property.
Adopted this 23 Day of May 2023
Ayes:
Nays:
Absent:
BY: ________________________________
Ken Johnson
Mayor
ATTEST: ___________________________
Ann Meisch, MMC
Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held on May 23, 2023.
______________________________
Ann Meisch, MMC
Clerk
Page 4
Michigan Department of Treasury
1012 (Rev. 09-22), Page 1 of 4
Application for Industrial Facilities Tax Exemption Certificate
Issued under authority of Public Act 198 of 1974, as amended. Filing Is mandatory.
INSTRUCTIONS: File the completed application and the required attachments with the clerk of the local government unit. If you have any
questions regarding the completion of this form, call 517-335-7491.
To be completed by Clerk of Local Government Unit
Signature of Clerk I► Date Received by Local Unit
STC Use Only
► Application Number I ► Date Received by STC
APPLICANT INFORMATION
All boxes must be completed.
► 1a. Company Name (Applicant must be the occupanUoperator of the facility) ► 1b. Standard Industrial Classification (SIC) Code- Sec. 2(10) (4 or 6 Digit Code)
Pacific Floorcare 358902
► 1c. Facility Address (City, State, ZIP Code) (real and/or personal property location) ► 1d. City/TownshipNillage (indicate which) ► 1e. County
a
2259 S Sheridan Dr., Muskegon, Ml 49442
► 2. Type of Approval Requested
N= (S~. 2(5))
Speculative Building (Sec. 3(8))
Research and Development (Sec. 2(10))
B
D
T,aasf&
Muskegon
► 3a. School District where facility is located
Orchard View Schools
Rehabilitation (Sec. 3(6)) 4. Amount of years requested for exemption (1-12 Years)
Increase/Amendment 12
Muskegon
► 3b. School Code
61190
5. Per section 5, the application shall contain or be accompanied by a general description of the facility and a general description of the ~reposed use of the facility, the general
nature and extent of the restoration, replacement, or construction to be undertaken, a descriptive list of the equipment that will be part o the facility. Attach additional page(s) if
more room is needed.
The construction project will create a new 36,000 sq ft facility on the west end of the existing building. The new
combined building will be 72,000 sq ft of commercial office and manufacturing space. The new facility will provide for
additional rotational molding equipment and new production lines in support of our new product launches. The new
building will also include a 2,100 sq ft customer training center.
6a. Cost of land and building Improvements (excluding cost of land) ........................................................................... ► 2,570,524
• Attach list of Improvements and associated costs. Real Property Costs
• Also attach a copy of building permit If project has already begun.
6b. Cost of machinery, equipment, furniture and fixtures ................................................................................................ ► 0
• Attach Itemized listing with month, day and year of beginning of installation, plus total Personal Property Costs
6c. Total Project Costs ......................................................................................................................................................... ► 2,570,524
• Round Costs to Nearest Dollar Total of Real & Personal Costs
?. Indicate the time schedule for start and finish of construction and equipment installation. Projects must be completed within a two year period of the effective date of the
certificate unless otherwise approved by the STC.
Begin Date {M/D/Yl End Date {M/D/Yl
05/15/2023 01/15/2024
Real Property Improvements ► ► [gjowned 0Leased
Personal Property Improvements ► ► lg] Owned D Leased
► 8. Are State Education Taxes reduced or abated by the Michigan Economic Development Corporation (MEDC)? If yes, applicant must attach a signed MEDC Letter of
Commitment to receive this exemption. Oves IZ]No
► 9. No. of existing jobs at this facility that will be retained as a result of this project. ► 10. No. of new jobs at this facility expected to create within 2 years of completion.
47 17
11. Rehabilitation applications only: Complete a, band c of this section. You must attach the assessor's statement of SEV for the entire plant rehabilitation district and
obsolescence statement for property. The Taxable Value (TV) data below must be as of December 31 of the year prior to the rehabilitation.
a. TV of Real Property (excluding land) ........................................................................................................................................
b. TV of Personal Property (excluding inventory) ..........................................................................................................................
c. Total TV ....................................................................................................................................................................................
► 12a. Check the type of District the facility is located in:
lg] Industrial Development District D Plant Rehabilitation District
► 12b. Date district was established by local government unit (contact local unit) ► 12c. Is this application for a speculative building (Sec. 3(8))?
07/26/1983 D Yes [gj No
1012, Page 2 of 4
APPLICANT CERTIFICATION - complete all boxes.
The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no Information contained herein or
in the attachments hereto Is false in any way and that all are truly descriptive of the Industrial property for which this application Is being submitted.
It Is further certified that the undersigned Is familiar with the provisions of P.A. 198 of 1974, as amended, being Sections 207.551 to 207.572, Inclusive, of the
Michigan Compiled Laws; and to the best of his/her knowledge and belief, (s)he has complied or will be able to comply with all of the requirements thereof
which are prerequisite to the approval of the application by the local unit of government and the Issuance of an Industrial Facilities Exemption Certificate by
the State Tax Commission.
13a. Preparer Name 13b. Telephone Number 13c. Fax Number 13d. E-mail Address
Jeff Oberlin (231) 767-7017 (231) 773-1642 joberlin@pacificfloorcare.c
14a. Name of Contact Person 14b. Telephone Number 14c. Fax Number 14d. E-mail Address
Jeff Oberlin (231) 767-7017 (231) 773-1642 joberlin@pacificfloorcare.c
► 15a. Name of Company Officer (No Authorized Agents)
Bill Fisher
15b. Signature of Company Officer (No Authorized Agents) 15c. Fax Number 15d. Date
►
/1/d~{J JL
15e. Mailing Address (Street, City, State, ZIP Code)
(231) 773-1642
15f. Telephone Number
04/25/2023
15g. E-mail Address
2259 S. Sheridan Dr, Muskegon, Ml 49442 (317) 223-6123 bfisher@pacificfloorcare.co
LOCAL GOVERNMENT ACTION & CERTIFICATION -complete all boxes.
This section must be completed by the clerk of the local governing unit before submitting application to the State Tax Commission. Check Items on file at the
Local Unit and those Included with the submittal.
► 16. Action taken by local government unit 16b. The State Tax Commission Requires the following documents be filed for an
administratively complete application:
0 Abatement Approved for ___ Yrs Real (1-12), _ _ Yrs Pers (1-12) Check or Indicate N/A If Not Applicable
-
After Completion Dves 0No
D Denied (Include Resolution Denying)
-- 1. Original Application plus attachments, and one complete copy
2. Resolution establishing district
16a. Documents Required to be on file with the Local Unit
-- 3. Resolution approving/denying application.
4. Letter of Agreement (Signed by local unit and applicant)
Check or Indicate NIA If Not Applicable
~ 1. Notice lo tho pobllo p,loc lo hoa,log .,t,bllshlog • dlst,lol.
-- 5. Affidavit of Fees (Signed by local unit and applicant)
6. Building Permit for real Improvements If project has already begun
2. Notice to taxing authorities of opportunity for a hearing.
3. List of taxing authorities notified for district and application action.
-- 7. Equipment List with dates of beginning of installation
8. Form 3222 (if applicable)
9. Speculative building resolution and affidavits (if applicable)
4. Lease Agreement showing applicants tax liability.
16c. School Code
-
17. Name of Local Government Body ► 18. Date of Resolution Approving/Denying this Application
Attached hereto Is an original application and all documents listed in 16b. I also certify that all documents listed In 16a are on file at the local unit for
inspection at any time, and that any leases show sufficient tax liability.
19a. Signature of Clerk I19b. Name of Clerk I19c. E-mail Address
19d. Clerk's Mailing Address (Street, City, State, ZIP Code)
19e. Telephone Number I
19f. Fax Number
State Tax Commission Rule Number 57: Complete applications approved by the local unit and received by the State Tax Commission by October 31 each
year will be acted upon by December 31. Applications received after October 31 may be acted upon In the following year.
For faster service, email the completed application and additional required documentation to PTE@mlchigan.gov.
An additional submission option is to mail the completed application and required documents to:
Michigan Department of Treasury
State Tax Commission
PO Box 30471
Lansing, Ml 48909
► LUCI Code I ► Begin Date Real I STC USE ONLY
► Begin Date Personal I ► End Date Real I► End Date Personal
1012, Page 3 of 4
Instruction for Completing Form 1012,
Industrial Facilities Tax Exemption (/FT) Application
The completed original application fonn 1012 and all valorem real and/or personal property tax liability.
required attachments, MUST be filed with the clerk The applicant must have real and/or personal property
of the local unit of government where the facility is or tax liability to qualify for an IFT abatement on leased
will be located. Complete applications must be received property. If applying for a real property tax exemption
by the State Tax Commission by October 31 to ensure on leased property, the lease must run the full length
processing and certification for the following tax year. oftime the abatement is granted by the local unit of
Applications received after the October 31 deadline will government. Tax liability for leased property should
be processed as expeditiously as possible. be determined before sending to the STC.
Please note that attachments listed on the application in The following infom1ation is required of the local unit
number 16a are to be retained by the local unit of of government: [Please note that only items 2, 4, 5, 6,
government, and attachments listed in number 16b are & 7 below are forwarded to the State Tax Commission
to be included with the application when forwarding to with the application, along with items 2 & 3 from above.
the State Tax Commission (STC). The original is required by the STC. The remaining
(Before commencement of a project the local unit of items are to be retained at the local unit of government
government must establish a district, or the applicant for future reference. (The local unit must verify that
must request in writing a district be established, in the school district listed on all IFT applications is
order to qualify for an IFT abatement. Applications correct.)]
and attachments must be received by the local unit of 1. A copy of the notice to the general public and the
government within six months of commencement of certified notice to the property owners concerning the
project.) establishment of the district.
The following information is required on separate 2. Certified copy of the resolution establishing the
documents attached to form 1012 by the applicant Industrial Development District (IDD) or Plant
and provided to the local unit of government (city, Rehabilitation District (PRD), which includes
township or village). (Providing an accurate school a legal description of the district (see sample).
district where the facility is located is vital,): If the district was not established prior to the
commencement of construction, the local unit shall
1. Legal description of the real property on which the
include a certified copy or date stamped copy of
facility is or will be located. Also provide property
the written request to establish the district.
identification number if available.
3. Copy of the notice and the certified letters to the
2. Personal Property Requirements: Complete list of
taxing authorities regarding the hearing to approve
new machinery, equipment, furniture and fixtures
the application.
which will be used in the facility. The list should
include description, beginning date of installation 4. Certified copy of the resolution approving the
or expected installation by month/day/year, and application. The resolution must include the
costs or expected costs (see sample). Detail listing number of years the local unit is granting the
of machinery and equipment must match amount abatement and the statement "the granting of the
shown on question 6b of the application. Personal Industrial Facilities Exemption Certificate shall
property applications must have attached a certified not have the effect of substantially impeding the
statement/affidavit as proof of the beginning date of operation of (governmental unit), or impairing the
installation (see sample). financial soundness of a taxing unit which levies
ad valorem property taxes in (governmental unit -
3. Real Property Requirements: Proof of date the
see sample).
construction started (groundbreaking). Applicant
must include one of the following if the project has 5. Letter of Agreement (signed by the local unit of
ah"eady begun; building permit, footings inspection government and the applicant per P.A. 334 of 1993
report, or certified statement/affidavit from contractor (see sample)).
indicating exact date of commencement. 6. Affidavit of Fees (signed by the local unit of
4. Complete copy of lease agreement as executed, if government and the applicant), (Bulletin 3,
applicable, verifying lessee (applicant) has direct ad January 16, 1998). This statement may be
1012, Page 4 of 4
incorporated into the Letter of Agreement (see
sample).
7. Treasury Form 3222 (if applicable - Fiscal
Statement for Tax Abatement Request.)
The following information is required for
rehabilitation applications in addition to the above
requirements:
1. A listing of existing machinery, equipment, furniture
and fixtures which will be replaced or renovated. This
listing should include description, beginning date of
installation or expected installation by month/day/
year, and costs or expected costs.
2. A rehabilitation application must include a statement
from the Assessor showing the taxable valuation of
the plant rehabilitation district, separately stated for
real property (EXCLUDING LAND) and personal
property. Attach a statement from the assessor
indicating the obsolescence of the property being
rehabilitated.
The following information is required for speculative
building applications in addition to the above
requirements:
1. A certified copy of the resolution to establish a
speculative building.
2. A statement of non-occupancy from the owner and
the assessor.
Please refer to the following Web site for P.A. 198 of
1974: www.legislature.mi.gov/. For more information
and Frequently Asked Questions, visit
www.michigan.gov/propertytaxexemptions.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 23, 2023 Title: Public Hearing Brownfield
Plan Amendment, 3rd Amendment,
Adelaide Pointe QOZB, LLC
Submitted By: Contessa Alexander Department: Development Services
Brief Summary: Approval for Brownfield Plan Amendment, 3rd Amendment for Adelaide Pointe QOZB, LLC
(Adelaide Pointe Project) and to consider the attached resolution.
Detailed Summary & Background:
Adelaide Pointe QOZB, LLC has submitted a Brownfield Plan Amendment (3rd Amendment) for the Adelaide Pointe Project – a
35-acre mixed use waterfront development project including winter boat storage, marina space, In/Out forklift boat storage,
commercial/retail, and up to 400 housing units. Plans for this site has begun and will continue through Fall 2030 with a total
investment of $92,000,000 (not including property acquisition). 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.
This amendment adds in the eligible environmental and non-environmental activities and property boundaries (1100 West
Western Avenue) related to the construction of a Dry Rack storage building on the eastern portion of the new redevelopment
area. This caused an increase in total investment by approximately $7,000,000 an increase in taxable value by $2,800,000 and
increase in environmental and non-environmental activities equating to approximately $1,900,000. Future amendments to
this amended BPA may be pursued for phases four and five of the development.
In addition to environmental activities, non-environmental activities will include demolition, lead/asbestos abatement, site
preparation and public infrastructure improvements. TIF will be used to reimburse the Developer, 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)
· 15% contingency
· Brownfield Plan Amendment
· Brownfield Plan Amendment Implementation
· Interest
Staff Comments:
Adelaide Pointe Brownfield Plan Amendment Approval Dates:
Brownfield Plan Amendment- BRA approval on Oct. 12, 2021 and CC on Oct 26, 2021
1st Amendment to the BPA- BRA approval on Dec. 13, 2022 and CC on Dec. 13, 2023.
2nd Amendment to the BPA- BRA and CC approval on Mar. 14, 2023
3rd Amendment to the BPA- BRA approval on May 9, 2023.
Goal/Focus Area/Action Item Addressed:
Focus Area: improved access to the waterfront, blight cleanup, progress toward completion of
ongoing economic development projects.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Motion to close the public hearing and to approve the resolution for the Brownfield Plan
Amendment, 3rd Amendment for the Adelaide Pointe Project authorizing the Mayor and City Clerk to sign.
Approvals: Guest(s) Invited / Presenting
Yes
Immediate Division Head Information Technology
No
Other Division Heads Communication
Legal Review
For City Clerk Use Only:
Commission Action:
RESOLUTION APPROVING BROWNFIELD PLAN
AMENDMENT, 3RD AMENDMENT,
Adelaide Pointe QOZB, LLC (1148-1204 West Western)
Adelaide Pointe Project, 3rd Amendment
County of Muskegon, Michigan
2023-May 23
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 23 day of
January, 2023 at 5:30 p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by ______________ and
supported by ______________.
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, 3rd Amendment and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendment, 3rd Amendment, to
the City Commission requesting its approval of the Brownfield Plan Amendment, 3rd Amendment;
and
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 (3rd Amendment) 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:
ABSENT:
RESOLUTION DECLARED APPROVED.
_____________________________________
Ann Marie Meisch, City Clerk
_____________________________________
Kenneth D. Johnson, 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 May 23, 2023 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 that the minutes of said meetingwere 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
3rd Amendment to Brownfield Plan Amendment for the
Adelaide Pointe Project at
1204 & 1100 West Western Avenue
Muskegon, Michigan
Initial Brownfield Plan Amendment Approved by the City of Muskegon
October 12, 2021
Brownfield Redevelopment Authority
Initial Brownfield Plan Amendment Approved by the City of Muskegon Board
of Commissioners October 26, 2021
1st Amendment to Brownfield Plan Amendment Approved by the City of December 13, 2022
Muskegon Brownfield Redevelopment Authority
1st Amendment to Brownfield Plan Amendment Approved by the City of December 13, 2022
Muskegon Board of Commissioners
2nd Amendment to Brownfield Plan Amendment Approved by the City of March 14, 2023
Muskegon Brownfield Redevelopment Authority
2nd Amendment to Brownfield Plan Amendment Approved by the City of March 14,2023
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 ii
1.0 Introduction ...................................................................................................................................................1
1.1 Proposed Redevelopment and Future Use for the Eligible Property ................................................1
1.2 Eligible Property Information ............................................................................................................2
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
Figure 3- Soil Sample Exceedance Map
Figure 4- Groundwater Sample Exceedance Map
Figure 5- Soil Sample Exceedance Map (Development Overlay)
Figure 6- Groundwater Sample Exceedance Map (Development Overlay)
Figure 7- Development Map
List of Tables
Table 1 – Tax Increment Revenue Capture
Table 2 – Tax Increment Revenue Reimbursement Allocation
List of Attachments
Attachment A Resolution(s)
Attachment B Conceptual Renderings
Attachment C Environmental Data Tables and Exceedance Map
Attachment D Reimbursement Agreement
May 4, 2023 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.
On October 26, 2021, the City of Muskegon (the “City”) approved a Brownfield Plan Amendment (BPA) to
incorporate 1148, 1204 and 1100 West Western Avenue (“Eligible Property”, “Site”, or “Property”) into the City’s
existing Brownfield Plan. The BPA detailed redevelopment plans for a five-phase redevelopment at the Eligible
Property, including eligible activity costs and related reimbursement through local-only tax increment financing.
The 1st Amendment to the BPA was prepared to add state school tax capture for reimbursement of costs related
to Michigan Strategic Fund (MSF) eligible activities during the first three immediate phases of redevelopment.
This 2nd Amendment to the BPA has been prepared to reflect changes relating to Developer and City-led
completion of eligible activities. Previous versions of this Brownfield Plan included eligible activities that would be
completed by both the Developer and City. This 2nd Amendment to the BPA documents that all previously
approved eligible activities will now be performed by the Developer. Reimbursement of eligible activity costs
incurred by the Developer will conform to the provisions of this 2nd Amendment to the BPA and related
agreements between the Developer and City (e.g., Development and Reimbursement Agreement). This 2nd
Amendment to the BPA does not alter the type or cost of previously approved eligible activities.
This 3rd Amendment to the BPA has been prepared to add in the eligible environmental and non-environmental
activities and property boundaries (1100 West Western Avenue) related to the construction of a Dry Rack storage
building on the eastern portion of the new redevelopment area. This 3rd Amendment includes an increase in
investment by approximately $7,000,000 an increase in taxable value by $2,800,000 and increase in
environmental and non-environmental activities equating to approximately $1,900,000.
Future amendments to this amended BPA may be pursued for phases four and five of the development. See
Attachment A for copies of amended BPA resolutions.
1.1 Proposed Redevelopment and Future Use for the Eligible Property
The Developer, Adelaide Pointe QOZB, LLC, is proposing to redevelop a former industrial site located at 1100 and
1204 West Western Avenue (1148 & 1204 West Western Avenue are now combined), Muskegon, Michigan.
Figures 1 and 2 depict the Eligible Property location and layout.
Redevelopment consists of five phases that are anticipated to be completed by 2030. Phases one through three
are the focus of this amended BPA. Development phasing is described below:
Development Phase Anticipated/Actual Desired/Actual
Start Date Completion Date
Phase I – Revitalize existing buildings for boat Spring/Summer Spring 2022
storage 2021
Phase II – Construction of marina, mixed-use Spring 2023 Fall/Winter 2024
building, boater services building, and dry rack
storage building*
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Phase III – Construction of 55-unit residential condo Spring 2023 Fall/Winter 2024
building*
Phase IV – Construction of hotel and 50 boat Spring 2024 Fall 2027
storage units and warehouse
Phase V – Construction of residential condos Spring 2025 Fall 2030
Phases one through three include revitalizing the existing site structures for boat storage, business offices, and
lease space (approx. 218,000 sf); creation of a new 172 slip marina and construction of a new three-story, mixed-
use building with ground level retail and office space (approximately 14,700 gross sf), a second-floor restaurant
(approximately 3,700 sf), and third floor deck area (approx. 3,700 sf) (the “Project”). The Project will also create
an approximately 4,300 sf boater services, a 55 unit 4-story (90,000 gross sf) residential condo building and a
66,000 square foot dry boat storage building. 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 mass timber
construction, solar boardwalks and roof systems, electric vehicle charging stations, low-impact development
stormwater management, and integrated parking. Total private investment in Phases one through three, not
including property acquisition, is approximately $92,000,000. 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.
In addition to environmental activities, this amendment to the BPA includes non-environmental eligible activities
necessary to complete the Project. Non-environmental activities will include demolition, lead/asbestos
abatement, site preparation and public infrastructure improvements. Public infrastructure improvements will
include upgrades to the public utilities (water main, sanitary sewer, and storm sewer), public roadways, marina
and solar docks. Site preparation activities will include specialized foundations, clearing and grubbing, dredging,
compaction and sub-base preparation, cut and fill, excavation for unstable material, geotechnical engineering,
grading/land balancing, relocation of utilities, temporary erosion controls, temporary site control, surveying and
staking, architectural and engineering costs and mass grading.
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
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, mercury, selenium, silver and zinc. Groundwater contaminants with
concentrations identified above Part 201 GRCC consist of benzene, 2-methylnaphthalene, naphthalene, 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.
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The location and layout of the Property are depicted in Figures 1 and 2. Environmental data tables and an
exceedance 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
Tax increment revenues will be used to reimburse the Developer, 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)
• 15% contingency
• Brownfield Plan Amendment
• Brownfield Plan Amendment Implementation
• Interest
The table below provides an eligible activity cost summary for the Project.
Summary of Eligible Activity Costs- Developer EGLE
EGLE Eligible Activities Estimated Cost
Department Specific Activities
Pre-Approved Sub-Total $435,000
BEA activities $102,000
Documentation of due care $48,000
Hazardous materials survey (e.g., asbestos, lead paint, etc.) $20,000
Due care assessment $265,000
EGLE Eligible Activities Total Costs $435,000
Interest (5%) $21,750
EGLE Eligible Costs Sub-Total $456,750
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Summary of Eligible Activity Costs - Developer MSF
Estimated Redevelopment
Developer
MSF Eligible Activities Total Cost Completion Phase Related
Cost
Schedule to Activity
Public Infrastructure Improvements Sub-Total $14,843,620 $14,843,620
Public Parks (Linear Park, East Peninsula Park, $2,000,000 $2,000,000 2023-2024 Phase II & III
Commuter Bike Path)
Public Shopper Dock and Public Transient Dock $1,300,000 $1,300,000 2023-2024 Phase II
Marina Basin- (breakwater system/public $4,300,000 $4,300,000 2023-2024 Phase II
access path)
Solar Powered Docks $500,000 $500,000 2023-2024 Phase II
Public Roadways $4,000,000 $4,000,000 2023-2024 Phase II
West Western Avenue Reconfiguration- $1,023,620 $1,023,620 2023-2024 Phase II
Roadway
Water Main $850,000 $850,000 2023-2024 Phase II
Sanitary Sewer $600,000 $600,000 2023-2024 Phase II
Storm Sewer $270,000 $270,000 2023-2024 Phase II
Site Preparation Sub-Total $6,750,000 $6,750,000
Specialized Foundations $905,000 $905,000 2023-2024 Phase II-V
Clearing and Grubbing $300,000 $300,000 2023-2024 Phase II & III
Dredging $800,000 $800,000 2023-2024 Phase II & III
Compaction and Sub-Base Preparation $350,000 $350,000 2023-2024 Phase II & III
Cut and Fill $300,000 $300,000 2023-2024 Phase II
Excavation for Unstable Material $70,000 $70,000 2023-2024 Phase II & III
Fill $850,000 $850,000 2023-2024 Phase II & III
Geotechnical Engineering $180,000 $180,000 2023-2024 Phase I, II & III
Grading/Land Balancing $1,550,000 $1,550,000 2023-2024 Phase II & III
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Relocation of Active Utilities $350,000 $350,000 2023-2024 Phase II & III
Temporary Erosion Controls $110,000 $110,000 2023-2024 Phase II & III
Temporary Facility $165,000 $165,000 2023-2024 Phase II & III
Temporary Site Control $195,000 $195,000 2023-2024 Phase II & III
Surveying and Staking $125,000 $125,000 2023-2024 Phase II & III
Architectural/Engineering Costs Related to $500,000 $500,000 2023-2024 Phase II & III
Eligible Activities
MSF Eligible Activities Sub-Total $21,593,620 $21,593,620
Contingency (15 %) $3,239,043 $3,239,043 Phase II-V
Interest (5 %)* $7,715,569 $7,715,569 Phase I-V
Brownfield Plan and Work Plan Preparation $10,000 $10,000 Phase I
Brownfield Plan and Work Plan $10,000 $10,000 Phase I
Implementation
MSF Eligible Activities Total Costs $32,568,232 $32,568,232
*Interest collected at a 5% rate and capped at less than $8,000,000
LOCAL ONLY ELIGIBLE ACTIVITIES COST SUMMARY (Developer)
Local Only Eligible Activities Estimated Cost
Department Specific Activities
Due Care Sub-Total $3,250,000
Vapor intrusion mitigation $500,000
Soil capping $1,500,000
Dewatering $250,000
Contaminated Soil/Dredge Materials Removal and Disposal $1,000,000
Local Only Department Specific Activities Total Costs $3,250,000
Non-Environmental Activities
Asbestos, Lead based Paint and Mold Abatement $250,000
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Demolition $500,000
Site Preparation (Sub-total) $4,445,000
Specialized Foundations $2,000,000
Clearing and Grubbing $175,000
Compaction and Sub-Base Preparation $10,000
Grading and Land Balancing $200,000
Fill $200,000
Geotechnical Engineering $100,000
Relocation of Active Utilities $150,000
Surveying & Staking $105,000
Soil Erosion and Sedimentation Control $5,000
Architectural/Engineering Costs Related to Eligible Activities $1,500,000
Public Infrastructure (Sub-total) $2,300,000
Solar Powered Docks (public) $500,000
Community Building/Clubhouse and Pool (Public) $1,800,000
Non-Environmental Local Only Eligible Costs $10,745,000
Contingency (15%) $1,611,750
Brownfield Plan/Act 381 Workplan Preparation $10,000
Interest (5%)* $21,203,783
Total EGLE and Non-Environmental Local Only Eligible Costs $33,570,533
*5% Annual interest capture based unreimbursed eligible activities
2.2 Summary of Eligible Activities
Eligible activities as defined by Act 381 and included in this amended BPA consist of the following:
Pre-Approved Activities: These activities are permitted to occur prior to amended BPA approval. Preparation of a
Phase I ESA, BEA and Documentation of Due Care Compliance were 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 hazardous materials, as required by regulatory
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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 Property 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: Prior to select building demolition activities, asbestos, lead paint, and
mold were abated, as applicable, 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 specialized foundations due to unsuitable urban fill
material across the Site, clearing and grubbing in preparation for redevelopment, 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 appropriate associated professional engineering/architectural fees related to the eligible
activities. All the site preparation activities are necessary to support the redevelopment.
Public Infrastructure Improvements: Public Infrastructure improvements will be made by the Developer in the
public right-of-way and on publicly accessible land as outlined in the signed Cooperative Use Agreement between
the City of Muskegon and AP dated September 13, 2022. Public infrastructure activities, including public parks
(Linear Park, East Peninsula Park and the commuter bike path), public roadways (Adelaide Avenue), West Western
Avenue reconstruction, public/transient shopper and dockage and dock slips, new and upgraded water main,
sanitary sewer and storm sewer utilities, solar power infrastructure for the public shopper and transient dockage
and marina upgrades including the breakwater with public access path.
Amended BPA Preparation: This amended BPA was required for authorization of reimbursement to the
Developer, as applicable, from tax increment revenues under Public Act 381 of 1996, as amended.
Amended BPA Implementation: Tracking, submittal, review of invoices for reimbursement, plan compliance, and
data reporting will be conducted.
Contingency: A 15% contingency is included for those activities not already completed.
Interest: A 5% interest on unreimbursed eligible activities is included.
2.3 Estimate of Captured Taxable Value and Tax Increment Revenues
The base year of this amended BPA is 2021, as established in the approved BPA. The 2021 taxable value of the
eligible property was $903,810. After completion of the development (Phases one, two and three), the taxable
value is estimated at $46,586,000. This amended BPA assumes a 1.0% annual increase in the taxable value of the
Eligible Property. Initial capture is anticipated to begin in 2023.
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.
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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 amended BPA 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)
school 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
This 3rd Amendment to the BPA does not include a City note or bonded indebtedness. The Developer will be
responsible for the cost of eligible activities.
2.5 Duration of Brownfield Plan
Capture of tax increment revenues for the Developer reimbursement are anticipated to commence in 2023 and
end in 2051. It is projected that the amended BPA will extend 30 years, which assumes five 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.
2.7 Legal Description, Property Map, Statement of Qualifying Characteristics and
Personal Property
• The legal description is as follows:
1204 W. Western Avenue
CITY OF MUSKEGON PART OF SECTION 25 T10N R17W PRT OF BLKS 578-580 DESC 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 FT TH N
34D 47M W 330 FT M/L TO SHORE OF MUSKEGON LAKE REFERRED TO AS PT B TH RECOM AT POB TH S
88D 15M W ALG NLY LN WESTERN AVE 18.65 FT TH SWLY ALG SD NLY LN WESTERN AVE ALG ARC OF A
430.61 FT RAD CURVE TO LT 158.33 FT (LC SD CURVE BEARS S 77D 43M 00S W 157.44 FT & CENTRAL ANG
SD CURVE IS 21D 04M 00) TO WLY LN NELY 200 FT OF SD BLK 580 TH N 35D 2M 10S W ALG SD WLY LN
SD NELY 200 FT DIST 850 FT M/L TO SHORE OF MUSKEGON LAKE REFERRED TO AS PT C TH NWLY SELY &
NELY ALG SHORE OF MUSKEGON LAKE 1300 FT M/L FROM SD PT C TO SD PT B EXC THAT PRT OF ABOVE
DESC PARCEL THAT LIES WITHIN THE CHESAPEAKE & OHIO RR ROW EXC THAT PART TAKEN BY THE CITY
OF MUSKEGON FOR THE LAKESHORE TRAIL BIKE PATH DESC AS THAT PART OF BLKS 578 & 580 DESC
AS COM @ SE COR LOT 4 BLK 577 TH S 88D 40M 42S W ALG N ROW LN WESTERN AVE 847.60 FT TH N
01D 31M 57S W 256.10 FT TH N 32D 02M 28S E 47 FT TH N 55D 40M 08S E 89.20 FT TH N 35D 29M 57S
W 127.65 FT TH N 02D 27M 17S W 553 FT TH S 55D 37M 53S W 243 FT TH N 34D 22M 07S W 235.92 FT
TO POB TH S 50D 44M 04S W 329.75 FT TH S 20D 19M 09S W 96.30 FT TH S 23D 53M 54S E 405.55
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May 4, 2023 Fishbeck | Page 9
FT TH N 34D 34M 00S W ALG NE LN LAKESHORE YACHT HARBOUR 86.43 FT TH N 23D 53M 54S W 327.11
FT TH N 20D 19M 09S E 107.14 FT TH N 50D 44M 04S E 335.70 FT TH S 33D 32M 57S E 16.08 FT TO
POB TAKEN FOR LAKESHORE TRAIL BIKE PATH ACROSS SD PROPERTY AND 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 TH N 48 DEG W 600 FT M/L TO MUSKEGON
LAKE TO A PT A RECOM AT POB TH S 88 DEG 15 MIN W 847.15 FT TH N 1 DEG 56 MIN 50 SEC W 256.1
FT TH N 31 DEG 37 MIN 35 SEC E 47 FT TH N 55 DEG 15 MIN 15 SEC E 89.2 FT TH N 35 DEG 54 MIN 50
SEC W 127.65 FT TH N 2 DEG 52 MIN 10 SEC W 553 FT TH S 55 DEG 13 MIN W 243 FT TH N 34 DEG 47
MIN W 330 FT M/L TO THE SHORE OF MUSKEGON LAKE TO A PT REFERRED TO AS PT B TH WLY ALG
SHORE LN 1500 FT M/L TO SD PT A EXC THAT PART LYING WITHIN C&O RR R/W RECORDED IN L 702 P
134 ALSO EXC COM AT SW COR LOT 4 BLK 574 FOR POB TH WLY ALG WESTERN AVE 20.5 FT TO SE COR
LOT 5 TH NLY TO SLY LN C&O RR R/W TH SELY ALG SLY LN OF SD R/W TO NW COR LOT 3 BLK 577 TH S
ALG W LN LOT 3 TO NE COR LOT 4 TH WLY ALG NLY LN LOT 4 40 FT TO NW COR SD LOT TH SLY ALG W LN
TO POB EXC THAT PART OF BLK 578 DESCRIBED AS COM AT THE SE COR OF LOT 4 BLK 577 TH S 88D
40M 42S W ALG N R-O-W LINE OF WESTERN AVE 847.60 FT TH N 01D 31M 57S W 256.10 FT TH N 32 D
02M 28S E 47 FT TH N 55D 40M 08S E 89.20 FT TH N 35D 29M 57S W 127.65 FT TH N 02D 27M 17S W
553 FT TH S 55D 37M 53S W 243 FT TH N 34D 22M 07S W 235.92 FT TO POB TH N 33D 32M 57S W
16.08FT TH N 62D 10M 01S E 211.19 FT TH S 87D 42M 46S E 126.81 FT TH N 71D 39M 34S E 169.45
FT TH S 53D 57M 29S E 104.89 FT TH S 36D 27M 44S E 604.13 FT TH S 01D 31M 44S E 16 FT TH S 38D
27M 16S W 8.34 FT TH N 36D 27M 44S W 610.01FT TH N 53D 57M 29S W 94.21 FT TH S 71D 39M 34S
W 164.14 FT TH N 87D 42M 46S W 125.42 FT TH S 62D 10M 01S W 205.29 FT TO POB
1100 W. Western Avenue
THOSE PARTS OF BLOCKS 574 AND 575, REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON,
MUSKEGON COUNTY, MICHIGAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY
CORNER OF BLOCK 574 OF SAID REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON; THENCE NORTH
84°41'53" WEST 270.27 FEET TO A POINT ON THE NORTHERLY LINE OF WEST WESTERN AVENUE; THENCE
CONTINUING ALONG SAID NORTHERLY LINE NORTH 80°29'37" WEST 456.87 FEET; THENCE NORTH
01°57'07" EAST 471.02 FEET; THENCE NORTH 43°04'18" WEST 257.11 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 88°04'18" WEST 275.00 FEET; THENCE SOUTH 12°25'12" EAST 226.00 FEET;
THENCE SOUTH 39°42'27" WEST 304.72 FEET; THENCE NORTH 72°41'13" WEST 97.57 FEET; THENCE
NORTHWESTERLY 203.01 FEET ALONG A NON-TANGENT 792.59 FOOT RADIUS CURVE TO THE RIGHT, THE
CHORD OF WHICH BEARS NORTH 63°57'08" WEST 202.45 FEET; THENCE NORTH 01°57'07" EAST 367.17
FEET; THENCE SOUTH 88°04'18" EAST 691.00 FEET; THENCE SOUTH 24°25'42" WEST 17.32 FEET TO THE
POINT OF BEGINNING.
• 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.
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May 4, 2023 Fishbeck | Page 10
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 local citizens and tourists 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.
Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2023 3RD AMENDMENT\ADELAIDE POINTE_FINAL_3RD AMENDMENT, BROWNFIELD PLAN AMENDMENT_REV 5423.DOCX
Figures
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.
1204 West Western Ave.
PLOT INFO: \\corp.ftch.com\AllProjects\2020\201515\CAD\GIS\ProProj\EGLEGrantSubmittal\EGLEGrantSubmittal.aprx Layout: FIG01_Location Map Date: 5/4/2023 8:11 AM User: ahavens
Muskegon, Michigan
SITE
PROJECT NO.
201515
LOCATION MAP Map data © OpenStreetMap contributors, Microsoft, Facebook,
Inc. and its affiliates, Esri Community Maps contributors, Map FIGURE NO.
1
FEET layer by Esri
NORTH 0 1,000 2,000
©Copyright 2023 All Rights Reserved
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.
1204 West Western Ave.
PLOT INFO: \\corp.ftch.com\AllProjects\2020\201515\CAD\GIS\ProProj\EGLEGrantSubmittal\EGLEGrantSubmittal.aprx Layout: FIG02_Site Map Date: 5/4/2023 8:11 AM User: ahavens
Muskegon, Michigan
n S h or e
iga
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Mi
Mic
higa
n Sh
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W We ste rn Ave
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or
Sh
PROJECT NO.
n
Maxar, Microsoft, Esri Community Maps Contributors, ©
ga
201515
SITE MAP
hi
OpenStreetMap,
Mic higMicrosoft,
an Av e Esri, HERE, Garmin, SafeGraph,
L a k e sh o re C t
ic
GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Mi FIGURE
chig anNO.Ave
M
2
FEET Bureau, USDA
NORTH 0 150 300
lin St
©Copyright 2023 All Rights Reserved
LEGEND
!
( Sample Points
!
H Soil Gas Sample Location
!
H Soil Sample Location
Approximate Property Boundary
Bold values are below Statewide Default
Background Level but exceed an applicable
criterion or screening level.
Hard copy is
intended to be
8.5"x11" when
plotted. Scale(s)
SS-08 (0.5-1.5') indicated and
08/20/21 graphic quality may
Chromium, Total 62,000 not be accurate for
any other size.
Selenium 3,700
SS-09 (0.5-1.5')
08/20/21 SS-10 (0.5-1.5')
Selenium 4,400 08/20/21
Chromium, Total 28,000
SB-07(2-3') Selenium 1,300
12/30/20
SB-04 (4-5') APNSB-04 (4.5-6.5')
Arsenic 19,000
12/30/20 10/21/22
Cadmium 13,000
Chromium, Total 30,000 Chromium, Total 22,000
Chromium, Total 190,000
Selenium 600 Mercury, Total 940
PLOT INFO: \\corp.ftch.com\AllProjects\2020\201515\CAD\GIS\ProProj\EGLEGrantSubmittal\EGLEGrantSubmittal.aprx Layout: FIG03_Soil Sample Exceedance Map Date: 5/4/2023 8:11 AM User: ahavens
1204 West Western Ave.
Copper 430,000
SS-11 (0.5-1.5')
Selenium 560 !
H SS-8 08/20/21
Chromium, Total 76,000
SS-07 (0.5-1.5')
Selenium 2,700
08/20/21
Selenium 730 !
H SS-10
Muskegon, Michigan
SS-06 (0.5-1.5')
08/20/21 SS-13 (0.5-1.5')
Chromium, Total 62,000 !
H SS-7 !
H SB-07 !
H SS-9 !
H SB-04 08/20/21
Copper
Selenium
98,000
3,600
!
H SS-5 ( !
APNSB/TW-4 ! H SS-11 Arsenic
Cadmium
13,000
5,200
SS-12 (0.5-1.5')
SS-05 (0.5-1.5') !
H SS-6 SS-02 (0.5-1.5') 08/20/21
Chromium, Total
Copper
1,600,000
380,000
08/20/21
APNSB/TW-3 !
( 08/20/21 Chromium, Total 100,000 Mercury 140
Arsenic 12,000 Selenium 640 !
H SS-12 Selenium <560 Selenium 1,200
Chromium, Total 570,000
Silver 2,900
Copper 400,000 !
H SS-3 SS-2 !
H SS-13 Zinc 1,900,000
Selenium 10,000 !
H SB-06 !
H
SS-03 (0.5-1.5')
!
H SS-4 !
H SB-03
08/20/21 H SS-1
! APNSB/TW-2 !
(
SB-03 (3-4') APNSB-03 (1-3')
10/21/22
Chromium, Total 39,000 12/30/20
Selenium 2,600 SS-01 (0.5-1.5') Chromium, Total 27,000 Arsenic 9,100
SB-06 (1-2')
!
H SB-05 08/20/21 Selenium 1,100 Chromium, Total 140,000
Chromium, Total 27,000 Copper 77,000
12/30/20
Selenium 640 Mercury, Total 280
Chromium, Total 14,000 !
H SB-02 Selenium 36,000
Selenium 960 Zinc 290,000
SS-04 (0.5-1.5') SG-03 !
H !
H SB-01 APNSB/TW-5 !
(
e !
S h orSG-04 H
ga n
08/20/21
i
SG-01 !
H ch
Chromium, Total 19,000
Selenium 670 SB-05(2-3')
Mi SB-02 (4-5') APNSB-02 (6-8')
APNSB-05 (4-6') 12/30/20 10/21/22
12/30/20
10/21/22 Cadmium 4,900
Arsenic 5,900 Chromium, Total 50,000
Arsenic 9,100 Chromium, Total 49,000
Cadmium 8,100
Chromium, Total 38,000 Copper 76,000 APNSB/TW-1 !
( Mic
Chromium, Total 24,000 higa
Copper 89,000 Selenium 770
Selenium 1,000 n Sh
ore
SG-02 !
H
W We
SB-01 (4-5')
ste rn Ave APNSB-01 (2-4')
12/30/20 10/21/22
Tetrachloroethene 170 Chromium, Total 20,000
Chromium, Total 6,700
Selenium 1,400
e
or
SOIL SAMPLE
Sh
PROJECT NO.
n
ga
201515
EXCEEDANCE
L a k e shMAP
hi
o re C Esri Community
Mic hig anMaps
Av Contributors,
e © OpenStreetMap,
ic
t Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, MiFIGURE
chi ganNO.Ave
M
3
FEET METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, Maxar
NORTH 0 150 300
©Copyright 2023 All Rights Reserved
LEGEND
!
( Sample Points
@
A Groundwater Sample Location
Approximate Property Boundary
J - Estimated value
Bold values are below Statewide Default
Background Level but exceed an applicable
criterion or screening level.
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.
APNTW-04 (9.5-14.5')
PLOT INFO: \\corp.ftch.com\AllProjects\2020\201515\CAD\GIS\ProProj\EGLEGrantSubmittal\EGLEGrantSubmittal.aprx Layout: FIG04_Groundwater Sample Exceedance Map Date: 5/4/2023 8:11 AM User: ahavens
10/21/22
2-Methylnaphthalene 28
Naphthalene 12
1204 West Western Ave.
Chromium, Total 22 J
Copper 60
Lead 88
Mercury, Total 0.31
Zinc 660
TW-03
Muskegon, Michigan
12/30/20
Benzene 9.7
APNSB/TW-4 ! Cadmium 7.2
(
Chromium, Total 33
Copper 150
APNSB/TW-3 !
( Lead 180
Mercury 0.65
Zinc 190
APNTW-03 (7-12')
@
TW-03 A
10/21/22
2-Methylnaphthalene 43 APNSB/TW-2 !
(
Naphthalene 22
Chromium, Total 93
Copper 140
Lead 150
Selenium 5.5 J
Silver 6.3 J
Zinc 280
APNSB/TW-5 !
(
S h or e
i ga n
APNTW-02 (6-11') ch
10/21/2022 Mi
Naphthalene 57 @
TW-01 A
Chromium, Total 47 J APNSB/TW-1 !
( Mic
higa
Copper 74 n Sh
Lead 200 ore
@
TW-02 A
W We ste rn Ave
e
or
GROUNDWATER SAMPLEMaxar, Microsoft, Esri Community Maps Contributors, ©
Sh
PROJECT NO.
n
ga
201515
EXCEEDANCE
L a k e shMAP
hi
o re C OpenStreetMap,
Mic higMicrosoft,
an Av e Esri, HERE, Garmin, SafeGraph,
ic
t GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census MiFIGURE
chig anNO.Ave
M
4
FEET Bureau, USDA
NORTH 0 150 300
©Copyright 2023 All Rights Reserved
LEGEND
!
( Sample Points
!
H Soil Gas Sample Location
!
H Soil Sample Location
Approximate Property Boundary
Bold values are below Statewide Default
Background Level but exceed an applicable
criterion or screening level.
Hard copy is
intended to be
8.5"x11" when
plotted. Scale(s)
SS-08 (0.5-1.5') indicated and
08/20/21 graphic quality may
Chromium, Total 62,000 not be accurate for
any other size.
Selenium 3,700
SS-09 (0.5-1.5')
08/20/21 SS-10 (0.5-1.5')
Selenium 4,400 08/20/21
Chromium, Total 28,000
SB-07(2-3') Selenium 1,300
12/30/20
SB-04 (4-5') APNSB-04 (4.5-6.5')
Arsenic 19,000
12/30/20 10/21/22
Cadmium 13,000
PLOT INFO: \\corp.ftch.com\AllProjects\2020\201515\CAD\GIS\ProProj\EGLEGrantSubmittal\EGLEGrantSubmittal.aprx Layout: FIG05_Soil Exceedance Development Plan Date: 5/4/2023 8:14 AM User: ahavens
Chromium, Total 30,000 Chromium, Total 22,000
Chromium, Total 190,000
Selenium 600 Mercury, Total 940
1204 West Western Ave.
Copper 430,000
SS-11 (0.5-1.5')
Selenium 560 !
H SS-8 08/20/21
Chromium, Total 76,000
SS-07 (0.5-1.5')
Selenium 2,700
08/20/21
Selenium 730 !
H SS-10
Muskegon, Michigan
SS-06 (0.5-1.5')
08/20/21 SS-13 (0.5-1.5')
Chromium, Total 62,000 !
H SS-7 !
H SB-07 !
H SS-9 !
H SB-04 08/20/21
Copper
Selenium
98,000
3,600
!
H SS-5 ( !
APNSB/TW-4 ! H SS-11 Arsenic
Cadmium
13,000
5,200
SS-12 (0.5-1.5')
SS-05 (0.5-1.5') !
H SS-6 SS-02 (0.5-1.5') 08/20/21
Chromium, Total
Copper
1,600,000
380,000
08/20/21
APNSB/TW-3 !
( 08/20/21 Chromium, Total 100,000 Mercury 140
Arsenic 12,000 Selenium 640 !
H SS-12 Selenium <560 Selenium 1,200
Chromium, Total 570,000
Silver 2,900
Copper 400,000 !
H SS-3 SS-2 !
H SS-13 Zinc 1,900,000
Selenium 10,000 !
H SB-06 !
H
SS-03 (0.5-1.5')
!
H SS-4 !
H SB-03
08/20/21 H SS-1
! APNSB/TW-2 !
(
SB-03 (3-4') APNSB-03 (1-3')
10/21/22
Chromium, Total 39,000 12/30/20
Selenium 2,600 Chromium, Total 27,000 Arsenic 9,100
SB-06 (1-2')
!
H SB-05 SS-01 (0.5-1.5')
08/20/21 Selenium 1,100 Chromium, Total 140,000
Chromium, Total 27,000 Copper 77,000
12/30/20
Selenium 640 Mercury, Total 280
Chromium, Total 14,000 !
H SB-02 Selenium 36,000
Selenium 960
SS-04 (0.5-1.5') SG-03 !
H !
H SB-01 APNSB/TW-5 !
(
Zinc 290,000
e !
S h orSG-04 H
ga n
08/20/21
i
SG-01 !
H ch
Chromium, Total 19,000
Selenium 670 SB-05(2-3')
Mi SB-02 (4-5') APNSB-02 (6-8')
APNSB-05 (4-6') 12/30/20 10/21/22
12/30/20
10/21/22 Cadmium 4,900
Arsenic 5,900 Chromium, Total 50,000
Arsenic 9,100 Chromium, Total 49,000
Cadmium 8,100
Chromium, Total 38,000 Copper 76,000 APNSB/TW-1 !
( Mic
Chromium, Total 24,000 higa
Copper 89,000 Selenium 770
Selenium 1,000 n Sh
ore
SG-02 !
H
W We
SB-01 (4-5')
ste rn Ave APNSB-01 (2-4')
12/30/20 10/21/22
Tetrachloroethene 170 Chromium, Total 20,000
Chromium, Total 6,700
Selenium 1,400
e
or
SOIL EXCEEDANCE
Sh
PROJECT NO.
n
Maxar, Microsoft, Esri Community Maps Contributors, ©
ga
201515
DEVELOPMENT
L a k e sh o rePLAN
hi
OpenStreetMap,
Mic higMicrosoft,
an Av e Esri, HERE, Garmin, SafeGraph,
ic
Ct GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census MiFIGURE
chig anNO.Ave
M
5
FEET Bureau, USDA
NORTH 0 150 300
lin St
©Copyright 2023 All Rights Reserved
LEGEND
!
( Sample Points
@
A Groundwater Sample Location
Approximate Property Boundary
J - Estimated value
Bold values are below Statewide Default
Background Level but exceed an applicable
criterion or screening level.
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.
PLOT INFO: \\corp.ftch.com\AllProjects\2020\201515\CAD\GIS\ProProj\EGLEGrantSubmittal\EGLEGrantSubmittal.aprx Layout: FIG06_Groundwater Exceedance Development Plan Date: 5/4/2023 8:15 AM User: ahavens
APNTW-04 (9.5-14.5')
10/21/22
2-Methylnaphthalene 28
Naphthalene 12
1204 West Western Ave.
Chromium, Total 22 J
Copper 60
Lead 88
Mercury, Total 0.31
Zinc 660
TW-03
Muskegon, Michigan
12/30/20
Benzene 9.7
Cadmium 7.2
APNSB/TW-4 !
( Chromium, Total 33
Copper 150
APNSB/TW-3 ! Lead 180
(
Mercury 0.65
Zinc 190
APNTW-03 (7-12') @
TW-03 A
10/21/22
2-Methylnaphthalene 43 APNSB/TW-2 !
(
Naphthalene 22
Chromium, Total 93
Copper 140
Lead 150
Selenium 5.5 J
Silver 6.3 J
Zinc 280
APNSB/TW-5 !
(
n S h or e
APNTW-02 (6-11')
c higa
10/21/2022 Mi
Naphthalene 57 @
TW-01 A
Chromium, Total 47 J APNSB/TW-1 !
( Mic
Copper 74 higa
n Sh
Lead 200 ore
@
TW-02 A
W We ste rn Ave
e
or
GROUNDWATER EXCEEDANCE
Sh
PROJECT NO.
n
ga
201515
DEVELOPMENT PLAN Esri Community Maps
AvContributors, © OpenStreetMap,
hi
Mic hig an e
L a k e sh o re
ic
Ct Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, MiFIGURE
chig an
NO. Ave
M
6
FEET METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, Maxar
NORTH 0 150 300
©Copyright 2023 All Rights Reserved
FIGURE 7- Development Plan
Adelaide Pointe Illustrative Masterplan N
0 100’ 200’
Muskegon, MI JANUARY 2023
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 $ - $ 911,000 $18,586,000 $46,586,000 $47,051,860 $47,522,379 $47,997,602 $48,477,578 $ 48,962,354 $ 49,451,978 $ 49,946,498
Incremental Difference (New TV - Base TV)1 $ - $ 7,190 $ 17,682,190 $ 45,682,190 $ 46,148,050 $ 46,618,569 $ 47,093,792 $ 47,573,768 $ 48,058,544 $ 48,548,168 $ 49,042,688
School Capture Millage Rate
State Education Tax (SET) 6.00000 $ - $ - $ 106,093 $ 274,093 $ 276,888 $ 279,711 $ 282,563 $ 285,443 $ 288,351 $ 291,289 $ 294,256
School Operating Tax 17.98380 $ - $ - $ 317,993 $ 821,539 $ 829,917 $ 838,379 $ 846,925 $ 855,557 $ 864,275 $ 873,081 $ 881,974
School Total 23.9838 $ - $ - $ 424,086 $ 1,095,633 $ 1,106,806 $ 1,118,090 $ 1,129,488 $ 1,141,000 $ 1,152,627 $ 1,164,370 $ 1,176,230
Local Capture Millage Rate
County Museum 0.32200 $ - $ - $ 5,694 $ 14,710 $ 14,860 $ 15,011 $ 15,164 $ 15,319 $ 15,475 $ 15,633 $ 15,792
County Veterans 0.07150 $ - $ - $ 1,264 $ 3,266 $ 3,300 $ 3,333 $ 3,367 $ 3,402 $ 3,436 $ 3,471 $ 3,507
Senior Citzens Services 0.49990 $ - $ - $ 8,839 $ 22,837 $ 23,069 $ 23,305 $ 23,542 $ 23,782 $ 24,024 $ 24,269 $ 24,516
Central Dispatch 0.29999 $ - $ - $ 5,304 $ 13,704 $ 13,844 $ 13,985 $ 14,128 $ 14,272 $ 14,417 $ 14,564 $ 14,712
Community College 2.20340 $ - $ - $ 38,961 $ 100,656 $ 101,683 $ 102,719 $ 103,766 $ 104,824 $ 105,892 $ 106,971 $ 108,061
M.A.I.S.D 4.75410 $ - $ - $ 84,063 $ 217,178 $ 219,392 $ 221,629 $ 223,889 $ 226,170 $ 228,475 $ 230,803 $ 233,154
City Operating 10.07540 $ - $ - $ 178,155 $ 460,266 $ 464,960 $ 469,701 $ 474,489 $ 479,325 $ 484,209 $ 489,142 $ 494,125
City Sanitation 2.99790 $ - $ - $ 53,009 $ 136,951 $ 138,347 $ 139,758 $ 141,182 $ 142,621 $ 144,075 $ 145,543 $ 147,025
Hackley Library 2.39970 $ - $ - $ 42,432 $ 109,624 $ 110,741 $ 111,871 $ 113,011 $ 114,163 $ 115,326 $ 116,501 $ 117,688
MPS Sinking 0.99810 $ - $ - $ 17,649 $ 45,595 $ 46,060 $ 46,530 $ 47,004 $ 47,483 $ 47,967 $ 48,456 $ 48,950
County Operating 5.69780 $ - $ - $ 100,750 $ 260,288 $ 262,942 $ 265,623 $ 268,331 $ 271,066 $ 273,828 $ 276,618 $ 279,435
Local Total 30.3198 $ - $ - $ 536,120 $ 1,385,074 $ 1,399,199 $ 1,413,465 $ 1,427,874 $ 1,442,427 $ 1,457,125 $ 1,471,970 $ 1,486,964
Non-Capturable Millages Millage Rate
Community College Debt 0.34000 $ - $ - $ 6,012 $ 15,532 $ 15,690 $ 15,850 $ 16,012 $ 16,175 $ 16,340 $ 16,506 $ 16,675
Hackley Debt 0.45320 $ - $ - $ 8,014 $ 20,703 $ 20,914 $ 21,128 $ 21,343 $ 21,560 $ 21,780 $ 22,002 $ 22,226
MPS Debt - 1995 3.86000 $ - $ - $ 68,253 $ 176,333 $ 178,131 $ 179,948 $ 181,782 $ 183,635 $ 185,506 $ 187,396 $ 189,305
MPS Debt - 2009 3.50000 $ - $ 61,888 $ 159,888 $ 161,518 $ 163,165 $ 164,828 $ 166,508 $ 168,205 $ 169,919 $ 171,649
Total Non-Capturable Taxes 8.1532 $ - $ - $ 144,166 $ 372,456 $ 376,254 $ 380,091 $ 383,965 $ 387,878 $ 391,831 $ 395,823 $ 399,855
1
Assumes 1% annual increase for inflation
Total Tax Increment Revenue (TIR) Available for Capture $ - $ - $ 960,206 $ 2,480,707 $ 2,506,005 $ 2,531,556 $ 2,557,362 $ 2,583,426 $ 2,609,751 $ 2,636,340 $ 2,663,194
Notes-
Table 2 assumes incremental annual investment with
project completion in 2025.
For the purpose of Table 2 the new taxable value is
estimated based on 50% of a total overall investment
of $92,000,000
Z:\2020\201515\WORK\Rept\Brownfield Plan Amendment\2023 3rd Amendment\TB 1 TBL02 and TBL03_TIF_ Adelaide rev 532023.xlsx
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 $ 50,445,962 $ 50,950,422 $ 51,459,926 $ 51,974,526 $ 52,494,271 $ 53,019,214 $ 53,549,406 $ 54,084,900 $ 54,625,749 $ 55,172,006 $ 55,723,726 $ 56,280,964
Incremental Difference (New TV - Base TV)1 $ 49,542,152 $ 50,046,612 $ 50,556,116 $ 51,070,716 $ 51,590,461 $ 52,115,404 $ 52,645,596 $ 53,181,090 $ 53,721,939 $ 54,268,196 $ 54,819,916 $ 55,377,154
School Capture Millage Rate
State Education Tax (SET) 6.00000 $ 297,253 $ 300,280 $ 303,337 $ 306,424 $ 309,543 $ 312,692 $ 315,874 $ 319,087 $ 322,332 $ 325,609 $ 328,919 $ 332,263
School Operating Tax 17.98380 $ 890,956 $ 900,028 $ 909,191 $ 918,446 $ 927,793 $ 937,233 $ 946,768 $ 956,398 $ 966,125 $ 975,948 $ 985,870 $ 995,892
School Total 23.9838 $ 1,188,209 $ 1,200,308 $ 1,212,528 $ 1,224,870 $ 1,237,335 $ 1,249,925 $ 1,262,641 $ 1,275,485 $ 1,288,456 $ 1,301,558 $ 1,314,790 $ 1,328,155
Local Capture Millage Rate
County Museum 0.32200 $ 15,953 $ 16,115 $ 16,279 $ 16,445 $ 16,612 $ 16,781 $ 16,952 $ 17,124 $ 17,298 $ 17,474 $ 17,652 $ 17,831
County Veterans 0.07150 $ 3,542 $ 3,578 $ 3,615 $ 3,652 $ 3,689 $ 3,726 $ 3,764 $ 3,802 $ 3,841 $ 3,880 $ 3,920 $ 3,959
Senior Citzens Services 0.49990 $ 24,766 $ 25,018 $ 25,273 $ 25,530 $ 25,790 $ 26,052 $ 26,318 $ 26,585 $ 26,856 $ 27,129 $ 27,404 $ 27,683
Central Dispatch 0.29999 $ 14,862 $ 15,013 $ 15,166 $ 15,321 $ 15,477 $ 15,634 $ 15,793 $ 15,954 $ 16,116 $ 16,280 $ 16,445 $ 16,613
Community College 2.20340 $ 109,161 $ 110,273 $ 111,395 $ 112,529 $ 113,674 $ 114,831 $ 115,999 $ 117,179 $ 118,371 $ 119,575 $ 120,790 $ 122,018
M.A.I.S.D 4.75410 $ 235,528 $ 237,927 $ 240,349 $ 242,795 $ 245,266 $ 247,762 $ 250,282 $ 252,828 $ 255,399 $ 257,996 $ 260,619 $ 263,269
City Operating 10.07540 $ 499,157 $ 504,240 $ 509,373 $ 514,558 $ 519,795 $ 525,084 $ 530,425 $ 535,821 $ 541,270 $ 546,774 $ 552,333 $ 557,947
City Sanitation 2.99790 $ 148,522 $ 150,035 $ 151,562 $ 153,105 $ 154,663 $ 156,237 $ 157,826 $ 159,432 $ 161,053 $ 162,691 $ 164,345 $ 166,015
Hackley Library 2.39970 $ 118,886 $ 120,097 $ 121,320 $ 122,554 $ 123,802 $ 125,061 $ 126,334 $ 127,619 $ 128,917 $ 130,227 $ 131,551 $ 132,889
MPS Sinking 0.99810 $ 49,448 $ 49,952 $ 50,460 $ 50,974 $ 51,492 $ 52,016 $ 52,546 $ 53,080 $ 53,620 $ 54,165 $ 54,716 $ 55,272
County Operating 5.69780 $ 282,281 $ 285,156 $ 288,059 $ 290,991 $ 293,952 $ 296,943 $ 299,964 $ 303,015 $ 306,097 $ 309,209 $ 312,353 $ 315,528
Local Total 30.3198 $ 1,502,108 $ 1,517,403 $ 1,532,851 $ 1,548,453 $ 1,564,212 $ 1,580,128 $ 1,596,203 $ 1,612,439 $ 1,628,838 $ 1,645,400 $ 1,662,128 $ 1,679,024
Non-Capturable Millages Millage Rate
Community College Debt 0.34000 $ 16,844 $ 17,016 $ 17,189 $ 17,364 $ 17,541 $ 17,719 $ 17,900 $ 18,082 $ 18,265 $ 18,451 $ 18,639 $ 18,828
Hackley Debt 0.45320 $ 22,453 $ 22,681 $ 22,912 $ 23,145 $ 23,381 $ 23,619 $ 23,859 $ 24,102 $ 24,347 $ 24,594 $ 24,844 $ 25,097
MPS Debt - 1995 3.86000 $ 191,233 $ 193,180 $ 195,147 $ 197,133 $ 199,139 $ 201,165 $ 203,212 $ 205,279 $ 207,367 $ 209,475 $ 211,605 $ 213,756
MPS Debt - 2009 3.50000 $ 173,398 $ 175,163 $ 176,946 $ 178,748 $ 180,567 $ 182,404 $ 184,260 $ 186,134 $ 188,027 $ 189,939 $ 191,870 $ 193,820
Total Non-Capturable Taxes 8.1532 $ 403,927 $ 408,040 $ 412,194 $ 416,390 $ 420,627 $ 424,907 $ 429,230 $ 433,596 $ 438,006 $ 442,459 $ 446,958 $ 451,501
1
Assumes 1% annual increase for inflation
Total Tax Increment Revenue (TIR) Available for Capture $ 2,690,317 $ 2,717,711 $ 2,745,379 $ 2,773,323 $ 2,801,547 $ 2,830,054 $ 2,858,845 $ 2,887,924 $ 2,917,294 $ 2,946,958 $ 2,976,918 $ 3,007,178
Notes-
Table 2 assumes incremental annual investment with
project completion in 2025.
For the purpose of Table 2 the new taxable value is
estimated based on 50% of a total overall investment
of $92,000,000
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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 $ 56,843,773 $ 57,412,211 $ 57,986,333 $ 58,566,196 $ 59,151,858 $ 59,743,377 $ 60,340,811 $ 60,944,219 $ -
Incremental Difference (New TV - Base TV)1 $ 55,939,963 $ 56,508,401 $ 57,082,523 $ 57,662,386 $ 58,248,048 $ 58,839,567 $ 59,437,001 $ 60,040,409 $ -
School Capture Millage Rate
State Education Tax (SET) 6.00000 $ 335,640 $ 339,050 $ 342,495 $ 345,974 $ 349,488 $ 353,037 $ 356,622 $ 360,242 $ 8,934,850
School Operating Tax 17.98380 $ 1,006,013 $ 1,016,236 $ 1,026,561 $ 1,036,989 $ 1,047,521 $ 1,058,159 $ 1,068,903 $ 1,079,755 $ 26,780,425
School Total 23.9838 $ 1,341,653 $ 1,355,286 $ 1,369,056 $ 1,382,963 $ 1,397,010 $ 1,411,196 $ 1,425,525 $ 1,439,997 $ 35,715,275
Local Capture Millage Rate
County Museum 0.32200 $ 18,013 $ 18,196 $ 18,381 $ 18,567 $ 18,756 $ 18,946 $ 19,139 $ 19,333 $ 479,504
County Veterans 0.07150 $ 4,000 $ 4,040 $ 4,081 $ 4,123 $ 4,165 $ 4,207 $ 4,250 $ 4,293 $ 106,474
Senior Citzens Services 0.49990 $ 27,964 $ 28,249 $ 28,536 $ 28,825 $ 29,118 $ 29,414 $ 29,713 $ 30,014 $ 744,422
Central Dispatch 0.29999 $ 16,781 $ 16,952 $ 17,124 $ 17,298 $ 17,474 $ 17,651 $ 17,831 $ 18,012 $ 446,728
Community College 2.20340 $ 123,258 $ 124,511 $ 125,776 $ 127,053 $ 128,344 $ 129,647 $ 130,963 $ 132,293 $ 3,281,175
M.A.I.S.D 4.75410 $ 265,944 $ 268,647 $ 271,376 $ 274,133 $ 276,917 $ 279,729 $ 282,569 $ 285,438 $ 7,079,528
City Operating 10.07540 $ 563,618 $ 569,345 $ 575,129 $ 580,972 $ 586,872 $ 592,832 $ 598,852 $ 604,931 $ 15,003,697
City Sanitation 2.99790 $ 167,702 $ 169,407 $ 171,128 $ 172,866 $ 174,622 $ 176,395 $ 178,186 $ 179,995 $ 4,464,298
Hackley Library 2.39970 $ 134,239 $ 135,603 $ 136,981 $ 138,372 $ 139,778 $ 141,197 $ 142,631 $ 144,079 $ 3,573,493
MPS Sinking 0.99810 $ 55,834 $ 56,401 $ 56,974 $ 57,553 $ 58,137 $ 58,728 $ 59,324 $ 59,926 $ 1,486,312
County Operating 5.69780 $ 318,735 $ 321,974 $ 325,245 $ 328,549 $ 331,886 $ 335,256 $ 338,660 $ 342,098 $ 8,484,831
Local Total 30.3198 $ 1,696,088 $ 1,713,323 $ 1,730,730 $ 1,748,311 $ 1,766,069 $ 1,784,003 $ 1,802,117 $ 1,820,413 $ 45,150,461
Non-Capturable Millages Millage Rate
Community College Debt 0.34000 $ 19,020 $ 19,213 $ 19,408 $ 19,605 $ 19,804 $ 20,005 $ 20,209 $ 20,414 $ 506,308
Hackley Debt 0.45320 $ 25,352 $ 25,610 $ 25,870 $ 26,133 $ 26,398 $ 26,666 $ 26,937 $ 27,210 $ 674,879
MPS Debt - 1995 3.86000 $ 215,928 $ 218,122 $ 220,339 $ 222,577 $ 224,837 $ 227,121 $ 229,427 $ 231,756 $ 5,748,087
MPS Debt - 2009 3.50000 $ 195,790 $ 197,779 $ 199,789 $ 201,818 $ 203,868 $ 205,938 $ 208,030 $ 210,141 $ 5,211,996
Total Non-Capturable Taxes 8.1532 $ 456,090 $ 460,724 $ 465,405 $ 470,133 $ 474,908 $ 479,731 $ 484,602 $ 489,521 $ 12,141,269
1
Assumes 1% annual increase for inflation
Total Tax Increment Revenue (TIR) Available for Capture $ 3,037,741 $ 3,068,609 $ 3,099,786 $ 3,131,275 $ 3,163,078 $ 3,195,200 $ 3,227,643 $ 3,260,410 $ 80,865,735
Notes-
Table 2 assumes incremental annual investment with
project completion in 2025.
For the purpose of Table 2 the new taxable value is
estimated based on 50% of a total overall investment
of $92,000,000
Z:\2020\201515\WORK\Rept\Brownfield Plan Amendment\2023 3rd Amendment\TB 1 TBL02 and TBL03_TIF_ Adelaide rev 532023.xlsx
Table 2
Tax Increment Revenue Reimbursement Allocation
Table 2 - Estimate of Total Incremental Taxes Available for Reimbursement 1 of 1
1148 1204 West Western Avenue, Muskegon, Muskegon County, Michigan
Developer
Proportionality Maximum School &
Reimbursement Local Taxes Estimated Developer Capture $ 59,213,447
44.1% State $ 14,717,396 $ 0 Estimated City of Muskegon Capture $ -
55.9% Local 44,860,460 Estimated Years of Capture: 29 years BRA Administrative Fee $ 290,000
TOTAL $ 59,577,856 State Brownfield Redevelopment Fund $ 4,467,425
EGLE $ 365,354 Local Brownfield Revolving Fund $ 4,839,771
MSF $32,568,232
Local Only $ 26,476,874
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 TOTAL
Total State Incremental Revenue $ - $ - $ 424,086 $ 1,095,633 $ 1,106,806 $ 1,118,090 $ 1,129,488 $ 1,141,000 $ 1,152,627 $ 1,164,370 $ 1,176,230 $ 1,188,209 $ 1,200,308 $ 1,212,528 $ 1,224,870 $ 1,237,335 $ 1,249,925 $ 1,262,641 $ 1,275,485 $ 1,288,456 $ 1,301,558 $ 1,314,790 $ 1,328,155 $ 1,341,653 $ 1,355,286 $ 1,369,056 $ 1,382,963 $ 1,397,010 $ 1,411,196 $ 1,425,525 $ 1,439,997 $ 35,715,275
State Brownfield Redevelopment Fund (50% of SET) $ - $ - $ 53,047 $ 137,047 $ 138,444 $ 139,856 $ 141,281 $ 142,721 $ 144,176 $ 145,645 $ 147,128 $ 148,626 $ 150,140 $ 151,668 $ 153,212 $ 154,771 $ 156,346 $ 157,937 $ 159,543 $ 161,166 $ 162,805 $ 164,460 $ 166,131 $ 167,820 $ 169,525 $ 171,248 $ 172,987 $ 174,744 $ 176,519 $ 178,311 $ 180,121 $ 4,467,425
State TIR Available for Reimbursement $ - $ - $ 371,040 $ 958,586 $ 968,361 $ 978,235 $ 988,207 $ 998,278 $ 1,008,451 $ 1,018,725 $ 1,029,102 $ 1,039,583 $ 1,050,168 $ 1,060,859 $ 1,071,658 $ 1,082,564 $ 1,093,579 $ 1,104,705 $ 1,115,941 $ 1,127,290 $ 1,138,753 $ 1,150,330 $ 1,162,023 $ 1,173,833 $ 1,185,761 $ 1,197,808 $ 1,209,976 $ 1,222,265 $ 1,234,678 $ 1,247,214 $ 1,259,876 $ 31,247,850
Total Local Incremental Revenue $ - $ - $ 536,120 $ 1,385,074 $ 1,399,199 $ 1,413,465 $ 1,427,874 $ 1,442,427 $ 1,457,125 $ 1,471,970 $ 1,486,964 $ 1,502,108 $ 1,517,403 $ 1,532,851 $ 1,548,453 $ 1,564,212 $ 1,580,128 $ 1,596,203 $ 1,612,439 $ 1,628,838 $ 1,645,400 $ 1,662,128 $ 1,679,024 $ 1,696,088 $ 1,713,323 $ 1,730,730 $ 1,748,311 $ 1,766,069 $ 1,784,003 $ 1,802,117 $ 1,820,413 $ 45,150,461
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 $ 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 $ 290,000
Local TIR Available for Reimbursement $ - $ - $ 526,120 $ 1,375,074 $ 1,389,199 $ 1,403,465 $ 1,417,874 $ 1,432,427 $ 1,447,125 $ 1,461,970 $ 1,476,964 $ 1,492,108 $ 1,507,403 $ 1,522,851 $ 1,538,453 $ 1,554,212 $ 1,570,128 $ 1,586,203 $ 1,602,439 $ 1,618,838 $ 1,635,400 $ 1,652,128 $ 1,669,024 $ 1,686,088 $ 1,703,323 $ 1,720,730 $ 1,738,311 $ 1,756,069 $ 1,774,003 $ 1,792,117 $ 1,810,413 $ 44,860,461
Total State & Local TIR Available $ - $ - $ 897,160 $ 2,333,660 $ 2,357,561 $ 2,381,700 $ 2,406,081 $ 2,430,705 $ 2,455,576 $ 2,480,695 $ 2,506,066 $ 2,531,690 $ 2,557,571 $ 2,583,710 $ 2,610,111 $ 2,636,776 $ 2,663,707 $ 2,690,908 $ 2,718,381 $ 2,746,128 $ 2,774,153 $ 2,802,459 $ 2,831,047 $ 2,859,921 $ 2,889,084 $ 2,918,538 $ 2,948,287 $ 2,978,334 $ 3,008,681 $ 3,039,332 $ 3,070,289 $ 76,108,311
Beginning
DEVELOPER Balance
Developer Reimbursement Balance $ 45,300,336 $ - $ 13,721,995 $ 24,653,803 $ 36,338,642 $ 35,844,495 $ 35,029,827 $ 36,995,999 $ 35,260,632 $ 33,535,162 $ 31,821,077 $ 30,119,952 $ 28,433,450 $ 26,763,327 $ 25,111,436 $ 23,479,736 $ 21,870,292 $ 20,237,572 $ 19,663,247 $ 19,043,970 $ 18,377,331 $ 17,660,797 $ 16,891,709 $ 16,067,270 $ 15,184,546 $ 14,240,450 $ 13,231,743 $ 12,155,019 $ 11,006,701 $ 9,783,033 $ 8,480,067 $ 7,093,658
Pre-Approved Environmental Costs $ 365,354 $ - $ 435,000 $ 532,750 $ -
State Tax Reimbursement $ 371,040 $ - $ 371,040 $ - $ 371,040
Local Tax Reimbursement $ 161,710 $ - $ 161,710 $ - $ 161,710
Interest (5%) $ 21,750 $ - $ 21,750 $ - $ - $ 21,750
Total EGLE Reimbursement Balance** $ - $ 435,000 $ - $ - $ -
Non Environmental Costs $ 32,568,232 $ - $ 13,027,293 $ 22,797,762 $ 32,568,232 $ 30,234,572 $ 27,877,011 $ 25,495,311 $ 23,089,230 $ 20,658,525 $ 18,202,950 $ 15,722,254 $ 13,216,188 $ 10,684,498 $ 8,126,927 $ 5,543,217 $ 2,933,106 $ 1,250,542
State Tax Reimbursement $ 14,346,356 $ - $ 958,586 $ 968,361 $ 978,235 $ 988,207 $ 998,278 $ 1,008,451 $ 1,018,725 $ 1,029,102 $ 1,039,583 $ 1,050,168 $ 1,060,859 $ 1,071,658 $ 1,082,564 $ 1,093,579 $ 14,346,356
Local Tax Reimbursement $ 18,221,876 $ - $ - $ 1,375,074 $ 1,389,199 $ 1,403,465 $ 1,417,874 $ 1,432,427 $ 1,447,125 $ 1,461,970 $ 1,476,964 $ 1,492,108 $ 1,507,403 $ 1,522,851 $ 1,538,453 $ 600,000 $ 156,963 $ - $ 18,221,876
Total Non Environmental Reimbursement Balance** $ - $ 13,027,293 $ 22,797,762 $ 30,234,572 $ 27,877,011 $ 25,495,311 $ 23,089,230 $ 20,658,525 $ 18,202,950 $ 15,722,254 $ 13,216,188 $ 10,684,498 $ 8,126,927 $ 5,543,217 $ 2,933,106 $ 1,250,542 $ - $ - $ - $ -
Local Only Costs $ 12,366,750 $ - $ 247,335 $ 2,114,714 $ 5,813,400 $ 7,588,080 $ 9,080,492 $ 13,244,541 $ 13,906,768 $ 14,602,107 $ 15,332,212 $ 16,098,823 $ 16,903,764 $ 17,748,952 $ 18,636,400 $ 19,568,220 $ 20,546,631 $ 20,619,750 $ 20,237,572 $ 19,663,247 $ 19,043,970 $ 18,377,331 $ 17,660,797 $ 16,891,709 $ 16,067,270 $ 15,184,546 $ 14,240,450 $ 13,231,743 $ 12,155,019 $ 11,006,701 $ 9,783,033 $ 8,480,067
Local Tax Reimbursement $ 26,476,874 $ - $ - $ 364,410 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 954,212 $ 1,413,165 $ 1,586,203 $ 1,602,439 $ 1,618,838 $ 1,635,400 $ 1,652,128 $ 1,669,024 $ 1,686,088 $ 1,703,323 $ 1,720,730 $ 1,738,311 $ 1,756,069 $ 1,774,003 $ 1,792,117 $ 1,810,413 $ 26,476,874
Interest (5%) $ 21,203,783 $ - $ 12,367 $ 105,736 $ 290,670 $ 379,404 $ 454,025 $ 662,227 $ 695,338 $ 730,105 $ 766,611 $ 804,941 $ 845,188 $ 887,448 $ 931,820 $ 978,411 $ 1,027,332 $ 1,030,988 $ 1,011,879 $ 983,162 $ 952,199 $ 918,867 $ 883,040 $ 844,585 $ 803,364 $ 759,227 $ 712,023 $ 661,587 $ 607,751 $ 550,335 $ 489,152 $ 424,003 $ 21,203,783
Total Non Environmental Reimbursement Balance** $ - $ 259,702 $ 1,856,040 $ 6,104,070 $ 7,967,484 $ 9,534,516 $ 13,906,768 $ 14,602,107 $ 15,332,212 $ 16,098,823 $ 16,903,764 $ 17,748,952 $ 18,636,400 $ 19,568,220 $ 20,546,631 $ 20,619,750 $ 20,237,572 $ 19,663,247 $ 19,043,970 $ 18,377,331 $ 17,660,797 $ 16,891,709 $ 16,067,270 $ 15,184,546 $ 14,240,450 $ 13,231,743 $ 12,155,019 $ 11,006,701 $ 9,783,033 $ 8,480,067 $ 7,093,658 $ -
Total Annual Developer Reimbursement $ - $ - $ 532,750 $ 2,333,660 $ 2,357,561 $ 2,381,700 $ 2,406,081 $ 2,430,705 $ 2,455,576 $ 2,480,695 $ 2,506,066 $ 2,531,690 $ 2,557,571 $ 2,583,710 $ 2,610,111 $ 2,636,776 $ 2,663,707 $ 1,586,203 $ 1,602,439 $ 1,618,838 $ 1,635,400 $ 1,652,128 $ 1,669,024 $ 1,686,088 $ 1,703,323 $ 1,720,730 $ 1,738,311 $ 1,756,069 $ 1,774,003 $ 1,792,117 $ 1,810,413 $ 59,213,447
LOCAL BROWNFIELD REVOLVING FUND
LBRF Deposits *
State Tax Capture $ 4,839,771 $ - $ 1,104,705 $ 1,115,941 $ 1,127,290 $ 1,138,753 $ 353,081 $ 4,839,771
Local Tax Capture $ - $ -
Total LBRF Capture $ 4,839,771 $ 4,839,771
* Up to five years of capture for LBRF Deposits after
eligible activities are reimbursed
** 5% Interest Included
Z:\2020\201515\WORK\Rept\Brownfield Plan Amendment\2023 3rd Amendment\TB 1 TBL02 and TBL03_TIF_ Adelaide rev 532023.xlsx
Attachment A
Brownfield Plan Resolution(s)
City of Muskegon
Brownfield Redevelopment Authority
County of Muskegon, State of Michigan
RESOLUTION APPROVING BROWNFIELD PLAN AMENDMENT
Adelaide Pointe QOZB LLC (1148-1204 West Western)
2nd Amendment
Minutes of a regular meeting of the Board of the City of Muskegon Brownfield
Redevelopment Authority, County of Muskegon, State of Michigan, held on the 14th day of March
2023 at 10:30 a.m. , prevailing Eastern Time.
PRESENT: Members B. Tarrant, K. Reid, M. Kleaveland, H. Sytsema, J. Wallace Jr., M.
Bottomley, B. Hastings, J. Moore, D. Pollock, J. Seyferth
ABSENT: Members S. Black, J. Riegler
The following preamble and resolution were offered by Member B. Hastings and supported
by Member: J. Moore
WHEREAS, a Brownfield Plan has been adopted pursuant to Act 381 , Public Acts of
Michigan, 1996, as amended ("Act 381 ") , a copy of which is on file with the Secretary of the City of
Muskegon Brownfield Redevelopment Authority (the "Authority"); and
WHEREAS , the Authority is authorized to approve amendments to the Brownfield Plan and
recommends the Amendment to add eligible properties within the Adelaide Pointe Project for
approval to the City of Muskegon, County of Muskegon, State of Michigan (the "City").
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. Approval of Brownfield Plan. The Board hereby adopts and approves the
Brownfield Plan Amendment (2 ndAmendment) for the Adelaide Pointe Project and
recommends the approval of the Brownfield Plan Amendments by the Muskegon City
Commission .
2. Public Hearing . The Board hereby requests city personnel to provide a notice of
Public Hearing on the proposed Brownfield Plan Amendments , and further requests that
such hearing notice be provided to all taxing jurisdictions. Notice of the time and place of
the hearing shall be given pursuant to Act 267 , Public Acts of Michigan, 1976, as amended
("Open Meetings Act").
3. Deliver Resolution and Brownfield Plan to City. The Chair of the Authority is
directed to deliver a certified copy of this resolution and the Brownfield Plan Amendments to
the City Clerk.
4. Disclaimer. By adoption of this resolution and approval of the Brownfield Plan
Amendments , the Authority assumes no obligation or liability to the owner, developer or
lessor of the Eligible Property for any loss or damage that may result to such persons from
the adoption of this resolution and Brownfield Plan Amendments.
5. Work Plan Transmittal. The Chair of the Authority shall be authorized to transmit to
the Michigan Strategic Fund , the Michigan Economic Development Corporation and/or the
I
Michigan Department of Environmental Quality , on behalf of the Authority, a final Act 381
Work Plan that has been reviewed and approved by the Authority.
6. Repealer. All resolutions and parts of resolution in conflict with the provisions of this
resolution are hereby repealed or amended to the extent of such conflict.
AYES : Members B. Tarrant, K. Reid, M. Kleaveland, H. Sytsema, J. Wallace Jr. , M.
Bottomley, B. Hastings, J. Moore, D. Pollock, J. Seyferth
NAYS: None
RESOLUTION DECLARED ADOPTED .
Brownfield Redevelopment Authority
-2-
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Board
of the City of Muskegon Brownfield Redevelopment Authority, County of Muskegon, State of
Michigan, at a regular meeting held on March 14, 2023, 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, and that the minutes of said meeting were kept
and will be or have been made available as required by said Act.
-3-
City of Muskegon
Brownfield Redevelopment Authority
2nd Amendment to Brownfield Plan Amendment for the
Adelaide Pointe Project at
1204 West Western Avenue
Muskegon, Michigan
Initial Brownfield Plan Amendment Approved by the City of Muskegon
October 12, 2021
Brownfield Redevelopment Authority
Initial Brownfield Plan Amendment Approved by the City of Muskegon Board
of Commissioners October 26, 2021
1st Amendment to Brownfield Plan Amendment Approved by the City of December 13, 2022
Muskegon Brownfield Redevelopment Authority
1st Amendment to Brownfield Plan Amendment Approved by the City of December 13, 2022
Muskegon Board of Commissioners
2nd Amendment to Brownfield Plan Amendment Approved by the City of
Muskegon Brownfield Redevelopment Authority
2nd Amendment to Brownfield Plan Amendment 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 ii
1.0 Introduction ...................................................................................................................................................1
1.1 Proposed Redevelopment and Future Use for the Eligible Property ................................................1
1.2 Eligible Property Information ............................................................................................................2
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 Resolution(s)
Attachment B Conceptual Renderings
Attachment C Environmental Data Tables and Exceedance Map
Attachment D Reimbursement Agreement
March 1, 2023 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.
On October 26, 2021, the City of Muskegon (the “City”) approved a Brownfield Plan Amendment (BPA) to
incorporate 1148 and 1204 West Western Avenue (“Eligible Property”, “Site”, or “Property”) into the City’s
existing Brownfield Plan. The BPA detailed redevelopment plans for a five-phase redevelopment at the Eligible
Property, including eligible activity costs and related reimbursement through local-only tax increment financing.
The 1st Amendment to the BPA was prepared to add state school tax capture for reimbursement of costs related
to Michigan Strategic Fund (MSF) eligible activities during the first three immediate phases of redevelopment.
This 2nd Amendment to the BPA has been prepared to reflect changes relating to Developer and City-led
completion of eligible activities. Previous versions of this Brownfield Plan included eligible activities that would be
completed by both the Developer and City. This 2nd Amendment to the BPA documents that all previously
approved eligible activities will now be performed by the Developer. Reimbursement of eligible activity costs
incurred by the Developer will conform to the provisions of this 2nd Amendment to the BPA and related
agreements between the Developer and City (e.g., Development and Reimbursement Agreement). This 2nd
Amendment to the BPA does not alter the type or cost of previously approved eligible activities.
Future amendments to this amended BPA may be pursued for phases four and five of the development. See
Attachment A for copies of amended BPA resolutions.
1.1 Proposed Redevelopment and Future Use for the Eligible Property
The Developer, Adelaide Pointe QOZB, LLC, is proposing to redevelop a former industrial site located at 1204
West Western Avenue (1148 & 1204 West Western Avenue are now combined), Muskegon, Michigan. Figures 1
and 2 depict the Eligible Property location and layout.
Redevelopment consists of five phases that are anticipated to be completed by 2030. Phases one through three
are the focus of this amended BPA. Development phasing is described below:
Development Phase Anticipated/Actual Desired/Actual
Start Date Completion Date
Phase I – Revitalize existing buildings for boat Spring/Summer Spring 2022
storage 2021
Phase II – Construction of marina, mixed-use Spring 2023 Fall/Winter 2024
building, boater services building*
Phase III – Construction of 55-unit residential condo Spring 2023 Fall/Winter 2024
building*
Phase IV – Construction of hotel and 50 boat Spring 2024 Fall 2027
storage units and warehouse
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Phase V – Construction of residential condos Spring 2025 Fall 2030
Phases one through three include revitalizing the existing site structures for boat storage, business offices, and
lease space (approx. 218,000 sf); creation of a new 172 slip marina and construction of a new three-story, mixed-
use building with ground level retail and office space (approximately 14,700 gross sf), a second-floor restaurant
(approximately 3,700 sf), and third floor deck area (approx. 3,700 sf) (the “Project”). The Project will also create
an approximately 4,300 sf boater services and a 55 unit 4-story (90,000 gross sf) residential condo building. 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 mass timber construction, solar boardwalks and roof systems, electric
vehicle charging stations, low-impact development stormwater management, and integrated parking. Total
private investment in Phases one through three, not including property acquisition, is approximately $85,000,000.
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.
In addition to environmental activities, this amendment to the BPA includes non-environmental eligible activities
necessary to complete the Project. Non-environmental activities will include demolition, lead/asbestos
abatement, site preparation and public infrastructure improvements. Public infrastructure improvements will
include upgrades to the public utilities (water main, sanitary sewer, and storm sewer), public roadways, marina
and solar docks. Site preparation activities will include specialized foundations, clearing and grubbing, dredging,
compaction and sub-base preparation, cut and fill, excavation for unstable material, geotechnical engineering,
grading/land balancing, relocation of utilities, temporary erosion controls, temporary site control, surveying and
staking, architectural and engineering costs and mass grading.
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
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, mercury, selenium, silver and zinc. Groundwater contaminants with
concentrations identified above Part 201 GRCC consist of benzene, 2-methylnaphthalene, naphthalene, 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.
The location and layout of the Property are depicted in Figures 1 and 2. Environmental data tables and an
exceedance 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
Tax increment revenues will be used to reimburse the Developer, for the following eligible activities.
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• 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)
• 15% contingency
• Brownfield Plan Amendment
• Brownfield Plan Amendment Implementation
• Interest
The table below provides an eligible activity cost summary for the Project.
Summary of Eligible Activity Costs- Developer EGLE
EGLE Eligible Activities Estimated Cost
Department Specific Activities
Pre-Approved Sub-Total $350,000
BEA activities $52,000
Documentation of due care $33,000
Hazardous materials survey (e.g., asbestos, lead paint, etc.) $20,000
Due care assessment $245,000
EGLE Eligible Activities Total Costs $350,000
Interest (5%) $15,354
EGLE Eligible Costs Sub-Total $365,354
Summary of Eligible Activity Costs - Developer MSF
Estimated Redevelopment
Developer
MSF Eligible Activities Total Cost Completion Phase Related
Cost
Schedule to Activity
Public Infrastructure Improvements Sub-Total $14,843,620 $14,843,620
Public Parks (Linear Park, East Peninsula Park, $2,000,000 $2,000,000 2023-2024 Phase II & III
Commuter Bike Path)
Public Shopper Dock and Public Transient Dock $1,300,000 $1,300,000 2023-2024 Phase II
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Marina Basin- (breakwater system/public $4,300,000 $4,300,000 2023-2024 Phase II
access path)
Solar Powered Docks $500,000 $500,000 2023-2024 Phase II
Public Roadways $4,000,000 $4,000,000 2023-2024 Phase II
West Western Avenue Reconfiguration- $1,023,620 $1,023,620 2023-2024 Phase II
Roadway
Water Main $850,000 $850,000 2023-2024 Phase II
Sanitary Sewer $600,000 $600,000 2023-2024 Phase II
Storm Sewer $270,000 $270,000 2023-2024 Phase II
Site Preparation Sub-Total $6,750,000 $6,750,000
Specialized Foundations $905,000 $905,000 2023-2024 Phase II-V
Clearing and Grubbing $300,000 $300,000 2023-2024 Phase II & III
Dredging $800,000 $800,000 2023-2024 Phase II & III
Compaction and Sub-Base Preparation $350,000 $350,000 2023-2024 Phase II & III
Cut and Fill $300,000 $300,000 2023-2024 Phase II
Excavation for Unstable Material $70,000 $70,000 2023-2024 Phase II & III
Fill $850,000 $850,000 2023-2024 Phase II & III
Geotechnical Engineering $180,000 $180,000 2023-2024 Phase I, II & III
Grading/Land Balancing $1,550,000 $1,550,000 2023-2024 Phase II & III
Relocation of Active Utilities $350,000 $350,000 2023-2024 Phase II & III
Temporary Erosion Controls $110,000 $110,000 2023-2024 Phase II & III
Temporary Facility $165,000 $165,000 2023-2024 Phase II & III
Temporary Site Control $195,000 $195,000 2023-2024 Phase II & III
Surveying and Staking $125,000 $125,000 2023-2024 Phase II & III
Architectural/Engineering Costs Related to $500,000 $500,000 2023-2024 Phase II & III
Eligible Activities
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MSF Eligible Activities Sub-Total $21,593,620 $21,593,620
Contingency (15 %) $3,239,043 $3,239,043 Phase II-V
Interest (5 %)* $7,715,569 $7,715,569 Phase I-V
Brownfield Plan and Work Plan Preparation $10,000 $10,000 Phase I
Brownfield Plan and Work Plan $10,000 $10,000 Phase I
Implementation
MSF Eligible Activities Total Costs $32,568,232 $32,568,232
*Interest collected at a 5% rate and capped at less than $8,000,000
LOCAL ONLY ELIGIBLE ACTIVITIES COST SUMMARY (Developer)
Local Only Eligible Activities Estimated Cost
Department Specific Activities
Due Care Sub-Total $3,250,000
Vapor intrusion mitigation $500,000
Soil capping $1,500,000
Dewatering $250,000
Contaminated Soil/Dredge Materials Removal and Disposal $1,000,000
Local Only Department Specific Activities Total Costs $3,250,000
Non-Environmental Activities
Asbestos, Lead based Paint and Mold Abatement $250,000
Demolition $500,000
Site Preparation (Sub-total) $3,160,000
Specialized Foundations $1,250,000
Clearing and Grubbing $150,000
Compaction and Sub-Base Preparation $10,000
Geotechnical Engineering $50,000
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Relocation of Active Utilities $100,000
Surveying & Staking $100,000
Architectural/Engineering Costs Related to Eligible Activities $1,500,000
Public Infrastructure (Sub-total) $1,900,000
Solar Powered Docks (public) $500,000
Community Building/Clubhouse and Pool (Public) $1,400,000
Non-Environmental Local Only Eligible Costs $5,810,000
Contingency (15%) $871,500
Brownfield Plan/Act 381 Workplan Preparation $10,000
Interest (5%)* $2,462,900
Total EGLE and Non-Environmental Local Only Eligible Costs $12,404,400
*5% Interest capture begins after MSF Non-Environmental Costs are reimbursed
2.2 Summary of Eligible Activities
Eligible activities as defined by Act 381 and included in this amended BPA consist of the following:
Pre-Approved Activities: These activities are permitted to occur prior to amended BPA approval. Preparation of a
Phase I ESA, BEA and Documentation of Due Care Compliance were 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 hazardous 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 Property 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: Prior to select building demolition activities, asbestos, lead paint, and
mold were abated, as applicable, 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 specialized foundations due to unsuitable urban fill
material across the Site, clearing and grubbing in preparation for redevelopment, dredging, compaction and sub-
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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 appropriate associated professional engineering/architectural fees related to the eligible
activities. All the site preparation activities are necessary to support the redevelopment.
Public Infrastructure Improvements: Public Infrastructure improvements will be made by the Developer in the
public right-of-way and on publicly accessible land as outlined in the signed Cooperative Use Agreement between
the City of Muskegon and AP dated September 13, 2022. Public infrastructure activities, including public parks
(Linear Park, East Peninsula Park and the commuter bike path), public roadways (Adelaide Avenue), West Western
Avenue reconstruction, public/transient shopper and dockage and dock slips, new and upgraded water main,
sanitary sewer and storm sewer utilities, solar power infrastructure for the public shopper and transient dockage
and marina upgrades including the breakwater with public access path.
Amended BPA Preparation: This amended BPA was required for authorization of reimbursement to the
Developer, as applicable, from tax increment revenues under Public Act 381 of 1996, as amended.
Amended BPA Implementation: Tracking, submittal, review of invoices for reimbursement, plan compliance, and
data reporting will be conducted.
Contingency: A 15% contingency is included for those activities not already completed.
Interest: A 5% interest on unreimbursed eligible activities is included.
2.3 Estimate of Captured Taxable Value and Tax Increment Revenues
The base year of this amended BPA is 2021, as established in the approved BPA. The 2021 taxable value of the
eligible property was $903,810. After completion of the development (Phases one, two and three), the taxable
value is estimated at $42,875,000. This amended BPA assumes a 1.0% annual increase in the taxable value of the
Eligible Property. Initial capture is anticipated to begin in 2023.
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 amended BPA 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)
school 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
This 2nd Amendment to the BPA does not include a City note or bonded indebtedness. The Developer will be
responsible for the cost of eligible activities.
2.5 Duration of Brownfield Plan
Capture of tax increment revenues for the Developer reimbursement are anticipated to commence in 2023 and
end in 2046. It is projected that the amended BPA will extend 29 years, which assumes five years of additional
capture of tax increment revenues 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 1 and 2.
2.7 Legal Description, Property Map, Statement of Qualifying Characteristics and
Personal Property
• The legal description is as follows:
1204 W. Western Avenue
CITY OF MUSKEGON PART OF SECTION 25 T10N R17W PRT OF BLKS 578-580 DESC 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 FT TH N
34D 47M W 330 FT M/L TO SHORE OF MUSKEGON LAKE REFERRED TO AS PT B TH RECOM AT POB TH S
88D 15M W ALG NLY LN WESTERN AVE 18.65 FT TH SWLY ALG SD NLY LN WESTERN AVE ALG ARC OF A
430.61 FT RAD CURVE TO LT 158.33 FT (LC SD CURVE BEARS S 77D 43M 00S W 157.44 FT & CENTRAL ANG
SD CURVE IS 21D 04M 00) TO WLY LN NELY 200 FT OF SD BLK 580 TH N 35D 2M 10S W ALG SD WLY LN
SD NELY 200 FT DIST 850 FT M/L TO SHORE OF MUSKEGON LAKE REFERRED TO AS PT C TH NWLY SELY &
NELY ALG SHORE OF MUSKEGON LAKE 1300 FT M/L FROM SD PT C TO SD PT B EXC THAT PRT OF ABOVE
DESC PARCEL THAT LIES WITHIN THE CHESAPEAKE & OHIO RR ROW EXC THAT PART TAKEN BY THE CITY
OF MUSKEGON FOR THE LAKESHORE TRAIL BIKE PATH DESC AS THAT PART OF BLKS 578 & 580 DESC
AS COM @ SE COR LOT 4 BLK 577 TH S 88D 40M 42S W ALG N ROW LN WESTERN AVE 847.60 FT TH N
01D 31M 57S W 256.10 FT TH N 32D 02M 28S E 47 FT TH N 55D 40M 08S E 89.20 FT TH N 35D 29M 57S
W 127.65 FT TH N 02D 27M 17S W 553 FT TH S 55D 37M 53S W 243 FT TH N 34D 22M 07S W 235.92 FT
TO POB TH S 50D 44M 04S W 329.75 FT TH S 20D 19M 09S W 96.30 FT TH S 23D 53M 54S E 405.55
FT TH N 34D 34M 00S W ALG NE LN LAKESHORE YACHT HARBOUR 86.43 FT TH N 23D 53M 54S W 327.11
FT TH N 20D 19M 09S E 107.14 FT TH N 50D 44M 04S E 335.70 FT TH S 33D 32M 57S E 16.08 FT TO
POB TAKEN FOR LAKESHORE TRAIL BIKE PATH ACROSS SD PROPERTY AND 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 TH N 48 DEG W 600 FT M/L TO MUSKEGON
LAKE TO A PT A RECOM AT POB TH S 88 DEG 15 MIN W 847.15 FT TH N 1 DEG 56 MIN 50 SEC W 256.1
FT TH N 31 DEG 37 MIN 35 SEC E 47 FT TH N 55 DEG 15 MIN 15 SEC E 89.2 FT TH N 35 DEG 54 MIN 50
SEC W 127.65 FT TH N 2 DEG 52 MIN 10 SEC W 553 FT TH S 55 DEG 13 MIN W 243 FT TH N 34 DEG 47
MIN W 330 FT M/L TO THE SHORE OF MUSKEGON LAKE TO A PT REFERRED TO AS PT B TH WLY ALG
SHORE LN 1500 FT M/L TO SD PT A EXC THAT PART LYING WITHIN C&O RR R/W RECORDED IN L 702 P
134 ALSO EXC COM AT SW COR LOT 4 BLK 574 FOR POB TH WLY ALG WESTERN AVE 20.5 FT TO SE COR
LOT 5 TH NLY TO SLY LN C&O RR R/W TH SELY ALG SLY LN OF SD R/W TO NW COR LOT 3 BLK 577 TH S
ALG W LN LOT 3 TO NE COR LOT 4 TH WLY ALG NLY LN LOT 4 40 FT TO NW COR SD LOT TH SLY ALG W LN
TO POB EXC THAT PART OF BLK 578 DESCRIBED AS COM AT THE SE COR OF LOT 4 BLK 577 TH S 88D
40M 42S W ALG N R-O-W LINE OF WESTERN AVE 847.60 FT TH N 01D 31M 57S W 256.10 FT TH N 32 D
02M 28S E 47 FT TH N 55D 40M 08S E 89.20 FT TH N 35D 29M 57S W 127.65 FT TH N 02D 27M 17S W
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553 FT TH S 55D 37M 53S W 243 FT TH N 34D 22M 07S W 235.92 FT TO POB TH N 33D 32M 57S W
16.08FT TH N 62D 10M 01S E 211.19 FT TH S 87D 42M 46S E 126.81 FT TH N 71D 39M 34S E 169.45
FT TH S 53D 57M 29S E 104.89 FT TH S 36D 27M 44S E 604.13 FT TH S 01D 31M 44S E 16 FT TH S 38D
27M 16S W 8.34 FT TH N 36D 27M 44S W 610.01FT TH N 53D 57M 29S W 94.21 FT TH S 71D 39M 34S
W 164.14 FT TH N 87D 42M 46S W 125.42 FT TH S 62D 10M 01S W 205.29 FT TO POB
• 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 local citizens and tourists 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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City of Muskegon
Brownfield Redevelopment Authority
Amendment to Brownfield Plan Amendment for the
Adelaide Pointe Project at
1204 West Western Avenue
Muskegon, Michigan
Initial Brownfield Plan Amendment Approved by the City of Muskegon
October 12, 2021
Brownfield Redevelopment Authority
Initial Brownfield Plan Amendment Approved by the City of Muskegon Board October 26, 2021
of Commissioners
Amendment to Brownfield Plan Amendment Approved by the City of
Muskegon Brownfield Redevelopment Authority
Amendment to Brownfield Plan Amendment 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 ............................................................................................................2
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 Resolution(s)
Attachment B Conceptual Renderings
Attachment C Environmental Data Tables and Exceedance Map
Attachment D Reimbursement Agreement
December 7, 2022 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.
On October 26, 2021, the City of Muskegon (the “City”) approved a Brownfield Plan Amendment (BPA) to
incorporate 1148 and 1204 West Western Avenue (“Eligible Property”, “Site”, or “Property”) into the City’s
existing Brownfield Plan. The BPA detailed redevelopment plans for a five-phase redevelopment at the Eligible
Property, including eligible activity costs and related reimbursement through local-only tax increment financing.
This amendment to the BPA has been prepared to add state school tax capture for reimbursement of costs
related to Michigan Strategic Fund (MSF) eligible activities during the first three immediate phases of
redevelopment. Future amendments to this amended BPA may be pursued for phases four and five of the
development. See Attachment A for copies of amended BPA resolutions.
1.1 Proposed Redevelopment and Future Use for the Eligible Property
The Developer, Adelaide Pointe QOZB, LLC, is proposing to redevelop a former industrial site located at 1204
West Western Avenue (1148 & 1204 West Western Avenue are now combined), Muskegon, Michigan. Figures 1
and 2 depict the Eligible Property location and layout.
Redevelopment consists of five phases that are anticipated to be completed by 2030. Phases one through three
are the focus of this amended BPA. Development phasing is described below:
Development Phase Anticipated/Actual Desired/Actual
Start Date Completion Date
Phase I – Revitalize existing buildings for boat Spring/Summer Spring 2022
storage 2021
Phase II – Construction of marina, mixed-use Spring 2023 Fall/Winter 2024
building, boater services building*
Phase III – Construction of 55-unit residential condo Spring 2023 Fall/Winter 2024
building*
Phase IV – Construction of hotel and 50 boat Spring 2024 Fall 2027
storage units and warehouse
Phase V – Construction of residential condos Spring 2025 Fall 2030
Phases one through three include revitalizing the 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 new three-story, mixed-
use building with ground level retail and office space (approximately 14,700 gross sf), a second-floor restaurant
(approximately 3,700 sf), and third floor deck area (approx. 3,700 sf) (the “Project”). The Project will also create
an approximately 4,300 sf boater services and a 55 unit 4-story (90,000 gross sf) residential condo building. The
Project will create a walkable community that incorporates public access to waterfront activities (e.g., swimming,
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fishing, boating), inviting greenspace areas, and transient docking. Sustainable development techniques are
proposed throughout the Project, including mass timber construction, solar boardwalks and roof systems, electric
vehicle charging stations, low-impact development stormwater management, and integrated parking. Total
private investment in Phases one through three, not including property acquisition, is approximately $85,000,000.
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.
In addition to environmental activities, this amendment to the BPA includes non-environmental eligible activities
necessary to complete the Project. Non-environmental activities will include demolition, lead/asbestos
abatement, site preparation and public infrastructure improvements. Public infrastructure improvements will
include upgrades to the public utilities (water main, sanitary sewer, and storm sewer), public roadways, marina
and solar docks. Site preparation activities will include specialized foundations, clearing and grubbing, dredging,
compaction and sub-base preparation, cut and fill, excavation for unstable material, geotechnical engineering,
grading/land balancing, relocation of utilities, temporary erosion controls, temporary site control, surveying and
staking, architectural and engineering costs and mass grading.
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
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, mercury, selenium, silver and zinc. Groundwater contaminants with
concentrations identified above Part 201 GRCC consist of benzene, 2-methylnaphthalene, naphthalene, 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.
The location and layout of the Property are depicted in Figures 1 and 2. Environmental data tables and an
exceedance 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
Tax increment revenues will be used to reimburse the Developer and City, as applicable, 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)
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• 15% contingency
• Brownfield Plan Amendment
• Brownfield Plan Amendment Implementation
• Interest
The table below provides an eligible activity cost summary for the Project.
EGLE Eligible Activities Estimated Cost
Department Specific Activities
Pre-Approved Sub-Total $350,000
BEA activities $52,000
Documentation of due care $33,000
Hazardous materials survey (e.g., asbestos, lead paint, etc.) $20,000
Due care assessment $245,000
EGLE Eligible Activities Total Costs $350,000
Interest (5%) $15,354
EGLE Eligible Costs Sub-Total $365,354
Summary of Eligible Activity Costs - Developer MSF
Estimated Redevelopment
Developer
MSF Eligible Activities Total Cost Completion Phase Related
Cost
Schedule to Activity
Public Infrastructure Improvements Sub-Total $8,100,000 $8,100,000
Public Parks (Linear Park, East Peninsula Park, $2,000,000 $2,000,000 2023-2024 Phase II & III
Commuter Bike Path)
Public Shopper Dock and Public Transient Dock $1,300,000 $1,300,000 2023-2024 Phase II
Marina Basin- (breakwater system/public $4,300,000 $4,300,000 2023-2024 Phase II
access path)
Solar Powered Docks $500,000 $500,000 2023-2024 Phase II
Site Preparation Sub-Total $6,750,000 $6,750,000
Specialized Foundations $905,000 $905,000 2023-2024 Phase II-V
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Clearing and Grubbing $300,000 $300,000 2023-2024 Phase II & III
Dredging $800,000 $800,000 2023-2024 Phase II & III
Compaction and Sub-Base Preparation $350,000 $350,000 2023-2024 Phase II & III
Cut and Fill $300,000 $300,000 2023-2024 Phase II
Excavation for Unstable Material $70,000 $70,000 2023-2024 Phase II & III
Fill $850,000 $850,000 2023-2024 Phase II & III
Geotechnical Engineering $180,000 $180,000 2023-2024 Phase I, II & III
Grading/Land Balancing $1,550,000 $1,550,000 2023-2024 Phase II & III
Relocation of Active Utilities $350,000 $350,000 2023-2024 Phase II & III
Temporary Erosion Controls $110,000 $110,000 2023-2024 Phase II & III
Temporary Facility $165,000 $165,000 2023-2024 Phase II & III
Temporary Site Control $195,000 $195,000 2023-2024 Phase II & III
Surveying and Staking $125,000 $125,000 2023-2024 Phase II & III
Architectural/Engineering Costs Related to $500,000 $500,000 2023-2024 Phase II & III
Eligible Activities
MSF Eligible Activities Sub-Total $14,850,000 $14,850,000
Contingency (15 %) $2,227,500 $2,227,500 Phase II-V
Interest (5 %)* $7,281,564 $7281,564 Phase I-V
Brownfield Plan and Work Plan Preparation $10,000 $10,000 Phase I
Brownfield Plan and Work Plan $10,000 $10,000 Phase I
Implementation
MSF Eligible Activities Total Costs $24,379,064 $24,379,064
*Interest collected at a 5% rate and capped at less than $8,000,000
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ELIGIBLE ACTIVITIES COST SUMMARY- City of Muskegon Activities
MSF Eligible Non-Environmental Activities Total Cost City of Estimated Redevelopment
Muskegon Cost Completion Phase Related
Schedule Activity
Public Infrastructure (sub-total)
$6,743,620 $6,743,620
Public Roadways $4,000,000 $4,000,000 2023-2024 Phase II
West Western Avenue Reconfiguration-Roadway $1,023,620 $1,023,620 2023-2024 Phase II
Water Main $850,000 $850,000 2023-2024 Phase II
Sanitary Sewer $600,000 $600,000 2023-2024 Phase II
Storm Sewer $270,000 $270,000 2023-2024 Phase II
Local Only Non-Environmental Activities Total
Costs $6,743,620 $6,743,620
Interest (5%)
$1,357,768 $1,357,768
Total City of Muskegon Bond Eligible Costs
$8,101,388 $8,101,388
LOCAL ONLY ELIGIBLE ACTIVITIES COST SUMMARY (Developer)
Local Only Eligible Activities Estimated Cost
Department Specific Activities
Due Care Sub-Total $3,250,000
Vapor intrusion mitigation $500,000
Soil capping $1,500,000
Dewatering $250,000
Contaminated Soil/Dredge Materials Removal and Disposal $1,000,000
Local Only Department Specific Activities Total Costs $3,250,000
Non-Environmental Activities
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November 22, 2022 Fishbeck | Page 6
Asbestos, Lead based Paint and Mold Abatement $250,000
Demolition $500,000
Site Preparation (Sub-total) $3,160,000
Specialized Foundations $1,250,000
Clearing and Grubbing $150,000
Compaction and Sub-Base Preparation $10,000
Geotechnical Engineering $50,000
Relocation of Active Utilities $100,000
Surveying & Staking $100,000
Architectural/Engineering Costs Related to Eligible Activities $1,500,000
Public Infrastructure (Sub-total) $1,900,000
Solar Powered Docks (public) $500,000
Community Building/Clubhouse and Pool (Public) $1,400,000
Non-Environmental Local Only Eligible Costs $5,810,000
Contingency (15%) $871,500
Brownfield Plan/Act 381 Workplan Preparation $10,000
Interest (5%)* $2,462,900
Total EGLE and Non-Environmental Local Only Eligible Costs $12,404,400
*5% Interest capture begins after MSF Non-Environmental Costs are reimbursed
2.2 Summary of Eligible Activities
Eligible activities as defined by Act 381 and included in this amended BPA consist of the following:
Pre-Approved Activities: These activities are permitted to occur prior to amended BPA approval. Preparation of a
Phase I ESA, BEA and Documentation of Due Care Compliance were 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 hazardous 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.
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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 Property 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: Prior to select building demolition activities, asbestos, lead paint, and
mold were abated, as applicable, 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 specialized foundations due to unsuitable urban fill
material across the Site, clearing and grubbing in preparation for redevelopment, 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 appropriate associated professional engineering/architectural fees related to the eligible
activities. All the site preparation activities are necessary to support the redevelopment.
Public Infrastructure Improvements: Public Infrastructure improvements will be made by both the Developer and
City of Muskegon in the public right-of-way and publicly accessible land as outlined in the signed Cooperative Use
Agreement between the City of Muskegon and AP dated September 13, 2022. Public infrastructure activities,
including public parks (Linear Park, East Peninsula Park and the commuter bike path), public roadways (Adelaide
Avenue), West Western Avenue reconstruction, public/transient shopper and dockage and dock slips, new and
upgraded water main, sanitary sewer and storm sewer utilities, solar power infrastructure for the public shopper
and transient dockage and marina upgrades including the breakwater with public access path.
Amended BPA Preparation: This amended BPA was required for authorization of reimbursement to the
Developer and City, as applicable, from tax increment revenues under Public Act 381 of 1996, as amended.
Amended BPA Implementation: Tracking, submittal, review of invoices for reimbursement, plan compliance, and
data reporting will be conducted.
Contingency: A 15% contingency is included for those activities not already completed.
Interest: A 5% interest on unreimbursed eligible activities is included.
2.3 Estimate of Captured Taxable Value and Tax Increment Revenues
The base year of this amended BPA is 2021, as established in the approved BPA. The 2021 taxable value of the
eligible property was $903,810. After completion of the development (Phases one, two and three), the taxable
value is estimated at $42,875,000. This amended BPA assumes a 1.0% annual increase in the taxable value of the
Eligible Property. Initial capture is anticipated to begin in 2023.
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.
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Method of Financing and Description of Advances Made by the Municipality
The cost of the eligible activities included in this amended BPA will be paid for by the Developer and the City. The
Developer and City will seek reimbursement for eligible activity costs through capture of available local and state
(as applicable) school 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 may finance eligible public infrastructure improvements and other eligible activities, as
applicable, via municipal bonds with tax increment financing as the pay back mechanism subject to the terms
outlined in the Reimbursement/Development Agreement (Attachment D). The estimated total bond amount will
not exceed $10,500,000 with interest added at 5 %.
2.5 Duration of Brownfield Plan
Capture of tax increment revenues for the City reimbursement is anticipated to commence in 2023 and end in
2031. Developer reimbursement will follow with an estimated start date of 2023. The anticipated end date for
Developer reimbursement is 2046. It is projected that the amended BPA will extend 29 years, which assumes five
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.
2.7 Legal Description, Property Map, Statement of Qualifying Characteristics and
Personal Property
• The legal description is as follows:
1204 W. Western Avenue
CITY OF MUSKEGON PART OF SECTION 25 T10N R17W PRT OF BLKS 578-580 DESC 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 FT TH N
34D 47M W 330 FT M/L TO SHORE OF MUSKEGON LAKE REFERRED TO AS PT B TH RECOM AT POB TH S
88D 15M W ALG NLY LN WESTERN AVE 18.65 FT TH SWLY ALG SD NLY LN WESTERN AVE ALG ARC OF A
430.61 FT RAD CURVE TO LT 158.33 FT (LC SD CURVE BEARS S 77D 43M 00S W 157.44 FT & CENTRAL ANG
SD CURVE IS 21D 04M 00) TO WLY LN NELY 200 FT OF SD BLK 580 TH N 35D 2M 10S W ALG SD WLY LN
SD NELY 200 FT DIST 850 FT M/L TO SHORE OF MUSKEGON LAKE REFERRED TO AS PT C TH NWLY SELY &
NELY ALG SHORE OF MUSKEGON LAKE 1300 FT M/L FROM SD PT C TO SD PT B EXC THAT PRT OF ABOVE
DESC PARCEL THAT LIES WITHIN THE CHESAPEAKE & OHIO RR ROW EXC THAT PART TAKEN BY THE CITY
OF MUSKEGON FOR THE LAKESHORE TRAIL BIKE PATH DESC AS THAT PART OF BLKS 578 & 580 DESC
AS COM @ SE COR LOT 4 BLK 577 TH S 88D 40M 42S W ALG N ROW LN WESTERN AVE 847.60 FT TH N
01D 31M 57S W 256.10 FT TH N 32D 02M 28S E 47 FT TH N 55D 40M 08S E 89.20 FT TH N 35D 29M 57S
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November 22, 2022 Fishbeck | Page 9
W 127.65 FT TH N 02D 27M 17S W 553 FT TH S 55D 37M 53S W 243 FT TH N 34D 22M 07S W 235.92 FT
TO POB TH S 50D 44M 04S W 329.75 FT TH S 20D 19M 09S W 96.30 FT TH S 23D 53M 54S E 405.55
FT TH N 34D 34M 00S W ALG NE LN LAKESHORE YACHT HARBOUR 86.43 FT TH N 23D 53M 54S W 327.11
FT TH N 20D 19M 09S E 107.14 FT TH N 50D 44M 04S E 335.70 FT TH S 33D 32M 57S E 16.08 FT TO
POB TAKEN FOR LAKESHORE TRAIL BIKE PATH ACROSS SD PROPERTY AND 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 TH N 48 DEG W 600 FT M/L TO MUSKEGON
LAKE TO A PT A RECOM AT POB TH S 88 DEG 15 MIN W 847.15 FT TH N 1 DEG 56 MIN 50 SEC W 256.1
FT TH N 31 DEG 37 MIN 35 SEC E 47 FT TH N 55 DEG 15 MIN 15 SEC E 89.2 FT TH N 35 DEG 54 MIN 50
SEC W 127.65 FT TH N 2 DEG 52 MIN 10 SEC W 553 FT TH S 55 DEG 13 MIN W 243 FT TH N 34 DEG 47
MIN W 330 FT M/L TO THE SHORE OF MUSKEGON LAKE TO A PT REFERRED TO AS PT B TH WLY ALG
SHORE LN 1500 FT M/L TO SD PT A EXC THAT PART LYING WITHIN C&O RR R/W RECORDED IN L 702 P
134 ALSO EXC COM AT SW COR LOT 4 BLK 574 FOR POB TH WLY ALG WESTERN AVE 20.5 FT TO SE COR
LOT 5 TH NLY TO SLY LN C&O RR R/W TH SELY ALG SLY LN OF SD R/W TO NW COR LOT 3 BLK 577 TH S
ALG W LN LOT 3 TO NE COR LOT 4 TH WLY ALG NLY LN LOT 4 40 FT TO NW COR SD LOT TH SLY ALG W LN
TO POB EXC THAT PART OF BLK 578 DESCRIBED AS COM AT THE SE COR OF LOT 4 BLK 577 TH S 88D
40M 42S W ALG N R-O-W LINE OF WESTERN AVE 847.60 FT TH N 01D 31M 57S W 256.10 FT TH N 32 D
02M 28S E 47 FT TH N 55D 40M 08S E 89.20 FT TH N 35D 29M 57S W 127.65 FT TH N 02D 27M 17S W
553 FT TH S 55D 37M 53S W 243 FT TH N 34D 22M 07S W 235.92 FT TO POB TH N 33D 32M 57S W
16.08FT TH N 62D 10M 01S E 211.19 FT TH S 87D 42M 46S E 126.81 FT TH N 71D 39M 34S E 169.45
FT TH S 53D 57M 29S E 104.89 FT TH S 36D 27M 44S E 604.13 FT TH S 01D 31M 44S E 16 FT TH S 38D
27M 16S W 8.34 FT TH N 36D 27M 44S W 610.01FT TH N 53D 57M 29S W 94.21 FT TH S 71D 39M 34S
W 164.14 FT TH N 87D 42M 46S W 125.42 FT TH S 62D 10M 01S W 205.29 FT TO POB
• 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
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marina with transient boat slips will provide local citizens and tourists 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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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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October 5, 2021 Fishbeck | Page 2
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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October 5, 2021 Fishbeck | Page 3
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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October 5, 2021 Fishbeck | Page 4
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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October 5, 2021 Fishbeck | Page 5
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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October 5, 2021 Fishbeck | Page 6
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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October 5, 2021 Fishbeck | Page 7
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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Attachment B
Conceptual Renderings
Attachment C
Environmental Data Tables and Map
LEGEND
!
( Sample Points
!
H Soil Gas Sample Location
!
H Soil Sample Location
Approximate Property Boundary
Bold values are below Statewide Default
Background Level but exceed an applicable
criterion or screening level.
Hard copy is
intended to be
8.5"x11" when
plotted. Scale(s)
SS-08 (0.5-1.5') indicated and
08/20/21 graphic quality may
Chromium, Total 62,000 not be accurate for
any other size.
Selenium 3,700
SS-09 (0.5-1.5')
08/20/21 SS-10 (0.5-1.5')
Selenium 4,400 08/20/21
Chromium, Total 28,000
SB-07(2-3') Selenium 1,300
12/30/20
SB-04 (4-5') APNSB-04 (4.5-6.5')
Arsenic 19,000
12/30/20 10/21/22
Cadmium 13,000
Chromium, Total 30,000 Chromium, Total 22,000
Chromium, Total 190,000
Selenium 600 Mercury, Total 940
PLOT INFO: \\corp.ftch.com\AllProjects\2020\201515\CAD\GIS\ProProj\EGLEGrantSubmittal\EGLEGrantSubmittal.aprx Layout: FIG03_Soil Sample Exceedance Map Date: 5/4/2023 8:11 AM User: ahavens
1204 West Western Ave.
Copper 430,000
SS-11 (0.5-1.5')
Selenium 560 !
H SS-8 08/20/21
Chromium, Total 76,000
SS-07 (0.5-1.5')
Selenium 2,700
08/20/21
Selenium 730 !
H SS-10
Muskegon, Michigan
SS-06 (0.5-1.5')
08/20/21 SS-13 (0.5-1.5')
Chromium, Total 62,000 !
H SS-7 !
H SB-07 !
H SS-9 !
H SB-04 08/20/21
Copper
Selenium
98,000
3,600
!
H SS-5 ( !
APNSB/TW-4 ! H SS-11 Arsenic
Cadmium
13,000
5,200
SS-12 (0.5-1.5')
SS-05 (0.5-1.5') !
H SS-6 SS-02 (0.5-1.5') 08/20/21
Chromium, Total
Copper
1,600,000
380,000
08/20/21
APNSB/TW-3 !
( 08/20/21 Chromium, Total 100,000 Mercury 140
Arsenic 12,000 Selenium 640 !
H SS-12 Selenium <560 Selenium 1,200
Chromium, Total 570,000
Silver 2,900
Copper 400,000 !
H SS-3 SS-2 !
H SS-13 Zinc 1,900,000
Selenium 10,000 !
H SB-06 !
H
SS-03 (0.5-1.5')
!
H SS-4 !
H SB-03
08/20/21 H SS-1
! APNSB/TW-2 !
(
SB-03 (3-4') APNSB-03 (1-3')
10/21/22
Chromium, Total 39,000 12/30/20
Selenium 2,600 SS-01 (0.5-1.5') Chromium, Total 27,000 Arsenic 9,100
SB-06 (1-2')
!
H SB-05 08/20/21 Selenium 1,100 Chromium, Total 140,000
Chromium, Total 27,000 Copper 77,000
12/30/20
Selenium 640 Mercury, Total 280
Chromium, Total 14,000 !
H SB-02 Selenium 36,000
Selenium 960 Zinc 290,000
SS-04 (0.5-1.5') SG-03 !
H !
H SB-01 APNSB/TW-5 !
(
e !
S h orSG-04 H
ga n
08/20/21
i
SG-01 !
H ch
Chromium, Total 19,000
Selenium 670 SB-05(2-3')
Mi SB-02 (4-5') APNSB-02 (6-8')
APNSB-05 (4-6') 12/30/20 10/21/22
12/30/20
10/21/22 Cadmium 4,900
Arsenic 5,900 Chromium, Total 50,000
Arsenic 9,100 Chromium, Total 49,000
Cadmium 8,100
Chromium, Total 38,000 Copper 76,000 APNSB/TW-1 !
( Mic
Chromium, Total 24,000 higa
Copper 89,000 Selenium 770
Selenium 1,000 n Sh
ore
SG-02 !
H
W We
SB-01 (4-5')
ste rn Ave APNSB-01 (2-4')
12/30/20 10/21/22
Tetrachloroethene 170 Chromium, Total 20,000
Chromium, Total 6,700
Selenium 1,400
e
or
SOIL SAMPLE
Sh
PROJECT NO.
n
ga
201515
EXCEEDANCE
L a k e shMAP
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o re C Esri Community
Mic hig anMaps
Av Contributors,
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t Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, MiFIGURE
chi ganNO.Ave
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FEET METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, Maxar
NORTH 0 150 300
©Copyright 2023 All Rights Reserved
LEGEND
!
( Sample Points
@
A Groundwater Sample Location
Approximate Property Boundary
J - Estimated value
Bold values are below Statewide Default
Background Level but exceed an applicable
criterion or screening level.
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.
APNTW-04 (9.5-14.5')
PLOT INFO: \\corp.ftch.com\AllProjects\2020\201515\CAD\GIS\ProProj\EGLEGrantSubmittal\EGLEGrantSubmittal.aprx Layout: FIG04_Groundwater Sample Exceedance Map Date: 5/4/2023 8:11 AM User: ahavens
10/21/22
2-Methylnaphthalene 28
Naphthalene 12
1204 West Western Ave.
Chromium, Total 22 J
Copper 60
Lead 88
Mercury, Total 0.31
Zinc 660
TW-03
Muskegon, Michigan
12/30/20
Benzene 9.7
APNSB/TW-4 ! Cadmium 7.2
(
Chromium, Total 33
Copper 150
APNSB/TW-3 !
( Lead 180
Mercury 0.65
Zinc 190
APNTW-03 (7-12')
@
TW-03 A
10/21/22
2-Methylnaphthalene 43 APNSB/TW-2 !
(
Naphthalene 22
Chromium, Total 93
Copper 140
Lead 150
Selenium 5.5 J
Silver 6.3 J
Zinc 280
APNSB/TW-5 !
(
S h or e
i ga n
APNTW-02 (6-11') ch
10/21/2022 Mi
Naphthalene 57 @
TW-01 A
Chromium, Total 47 J APNSB/TW-1 !
( Mic
higa
Copper 74 n Sh
Lead 200 ore
@
TW-02 A
W We ste rn Ave
e
or
GROUNDWATER SAMPLEMaxar, Microsoft, Esri Community Maps Contributors, ©
Sh
PROJECT NO.
n
ga
201515
EXCEEDANCE
L a k e shMAP
hi
o re C OpenStreetMap,
Mic higMicrosoft,
an Av e Esri, HERE, Garmin, SafeGraph,
ic
t GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census MiFIGURE
chig anNO.Ave
M
4
FEET Bureau, USDA
NORTH 0 150 300
©Copyright 2023 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
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Table 1 - Soil Data Summary
Direct Contact Evaluation
1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan
August 2021
Sample Location: Soil Residential Nonresidential AP-SS-1 AP-SS-2 AP-SS-3 AP-SS-4 AP-SS-5 AP-SS-6 AP-SS-7
GSIP
Laboratory ID: SDBL (1) Csat DWP SVIAI Inf. Source Finite VSIC - Finite VSIC - PSI DC Soil DWP Inf. Source Finite VSIC - Finite VSIC - PSI DC Soil 21H0909-01 21H0909-02 21H0909-03 21H0909-04 21H0909-05 21H0909-06 21H0909-07
Criteria (1) SVIAI Criteria (1)
Collection Date: SL (1) Criteria (1) Criteria (1) VSIC (1) 5 MST (1)
2 MST (1) Criteria (1) Criteria (1) VIAP SL (2) Criteria (1) VSIC (1) 5 MST (1) 2 MST (1) Criteria (1) Criteria (1) VIAP SL (2) 08/20/21 08/20/21 08/20/21 08/20/21 08/20/21 08/20/21 08/20/21
Polynuclear Aromatic Compounds CAS Number
2-Methylnaphthalene 91-57-6 NA 4,200 NA 57,000 2.70E+06 1.50E+06 1.50E+06 1.50E+06 6.70E+08 8.10E+06 1,700 1.70E+05 4.90E+06 1.80E+06 1.80E+06 1.80E+06 2.90E+08 2.60E+07 30,000 330 UJ 330 UJ 330 U 330 U 330 U 330 U 440 UJ
Acenaphthene 83-32-9 NA 8,700 NA 3.00E+05 1.90E+08 8.10E+07 8.10E+07 8.10E+07 1.40E+10 4.10E+07 2.00E+05 8.80E+05 3.50E+08 9.70E+07 9.70E+07 9.70E+07 6.20E+09 1.30E+08 3.60E+06 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ
Acenaphthylene 208-96-8 NA ID NA 5,900 1.60E+06 2.20E+06 2.20E+06 2.20E+06 2.30E+09 1.60E+06 DATA 17,000 3.00E+06 2.70E+06 2.70E+06 2.70E+06 1.00E+09 5.20E+06 DATA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ
Anthracene 120-12-7 NA ID NA 41,000 1.00E+09 1.40E+09 1.40E+09 1.40E+09 6.70E+10 2.30E+08 1.30E+07 41,000 1.00E+09 1.60E+09 1.60E+09 1.60E+09 2.90E+10 7.30E+08 2.20E+08 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ
Benzo(a)anthracene 56-55-3 NA NLL NA NLL NLV NLV NLV NLV ID 20,000 1.60E+05 (MM) NLL NLV NLV NLV NLV ID 80,000 1.10E+07 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ
Benzo(a)pyrene 50-32-8 NA NLL NA NLL NLV NLV NLV NLV 1.50E+06 2,000 NA NLL NLV NLV NLV NLV 1.90E+06 8,000 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ
Benzo(b)fluoranthene 205-99-2 NA NLL NA NLL ID ID ID ID ID 20,000 NA NLL ID ID ID ID ID 80,000 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ
Benzo(g,h,i)perylene 191-24-2 NA NLL NA NLL NLV NLV NLV NLV 8.00E+08 2.50E+06 NA NLL NLV NLV NLV NLV 3.50E+08 7.00E+06 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ
Benzo(k)fluoranthene 207-08-9 NA NLL NA NLL NLV NLV NLV NLV ID 2.00E+05 NA NLL NLV NLV NLV NLV ID 8.00E+05 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ
Chrysene 218-01-9 NA NLL NA NLL ID ID ID ID ID 2.00E+06 NA NLL ID ID ID ID ID 8.00E+06 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ
Dibenzo(a,h)anthracene 53-70-3 NA NLL NA NLL NLV NLV NLV NLV ID 2,000 NA NLL NLV NLV NLV NLV ID 8,000 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ
Fluoranthene 206-44-0 NA 5,500 NA 7.30E+05 1.00E+09 7.40E+08 7.40E+08 7.40E+08 9.30E+09 4.60E+07 NA 7.30E+05 1.00E+09 8.90E+08 8.80E+08 8.80E+08 4.10E+09 1.30E+08 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ
Fluorene 86-73-7 NA 5,300 NA 3.90E+05 5.80E+08 1.30E+08 1.30E+08 1.30E+08 9.30E+09 2.70E+07 4.70E+05 8.90E+05 1.00E+09 1.50E+08 1.50E+08 1.50E+08 4.10E+09 8.70E+07 8.30E+06 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ
Indeno(1,2,3-cd)pyrene 193-39-5 NA NLL NA NLL NLV NLV NLV NLV ID 20,000 NA NLL NLV NLV NLV NLV ID 80,000 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ
Naphthalene 91-20-3 NA 730 NA 35,000 2.50E+05 3.00E+05 3.00E+05 3.00E+05 2.00E+08 1.60E+07 67 (M*) 1.00E+05 4.70E+05 3.50E+05 3.50E+05 3.50E+05 8.80E+07 5.20E+07 1,900 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ
Phenanthrene 85-01-8 NA 2,100 NA 56,000 2.80E+06 1.60E+05 1.60E+05 1.60E+05 6.70E+06 1.60E+06 1,700 1.60E+05 5.10E+06 1.90E+05 1.90E+05 1.90E+05 2.90E+06 5.20E+06 29,000 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ
Pyrene 129-00-0 NA ID NA 4.80E+05 1.00E+09 6.50E+08 6.50E+08 6.50E+08 6.70E+09 2.90E+07 2.50E+07 4.80E+05 1.00E+09 7.80E+08 7.80E+08 7.80E+08 2.90E+09 8.40E+07 4.40E+08 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ
Metals, Total CAS Number
Arsenic (B) 7440-38-2 5,800 4,600 NA 4,600 NLV NLV NLV NLV 7.20E+05 7,600 NA 4,600 NLV NLV NLV NLV 9.10E+05 37,000 NA 5,500 J 2,000 U 2,000 U 2,000 U 12,000 5,100 2,000 U
Barium (B) 7440-39-3 75,000 4.40E+05 (G) NA 1.30E+06 NLV NLV NLV NLV 3.30E+08 3.70E+07 NA 1.30E+06 NLV NLV NLV NLV 1.50E+08 1.30E+08 NA 14,000 15,000 11,000 15,000 16,000 22,000 8,200
Cadmium (B) 7440-43-9 1,200 3,600 (G,X) NA 6,000 NLV NLV NLV NLV 1.70E+06 5.50E+05 NA 6,000 NLV NLV NLV NLV 2.20E+06 2.10E+06 NA 200 U 200 U 470 250 360 1,700 200 U
Chromium, Total (B, H) 7440-47-3 18,000 (total) 3,300 NA 30,000 NLV NLV NLV NLV 2.60E+05 2.50E+06 NA 30,000 NLV NLV NLV NLV 2.40E+05 9.20E+06 NA 27,000 6,800 39,000 19,000 570,000 62,000 13,000
Copper (B) 7440-50-8 32,000 75,000 (G) NA 5.80E+06 NLV NLV NLV NLV 1.30E+08 2.00E+07 NA 5.80E+06 NLV NLV NLV NLV 5.90E+07 7.30E+07 NA 56,000 J 10,000 31,000 15,000 400,000 98,000 15,000
Lead (B) 7439-92-1 21,000 5.10E+06 (G,X) NA 7.00E+05 NLV NLV NLV NLV 1.00E+08 4.00E+05 NA 7.00E+05 NLV NLV NLV NLV 4.40E+07 9.00E+05 NA 10,000 5,700 20,000 14,000 39,000 32,000 12,000
Mercury (Total) (B) 7439-97-6 130 50 (M); 1.2 NA 1,700 48,000 52,000 52,000 52,000 2.00E+07 1.60E+05 22 (M*) 1,700 89,000 62,000 62,000 62,000 8.80E+06 5.80E+05 390 (M*) 50 U 50 U 50 U 50 U 50 U 50 U 50 U
Selenium (B) 7782-49-2 410 400 NA 4,000 NLV NLV NLV NLV 1.30E+08 2.60E+06 NA 4,000 NLV NLV NLV NLV 5.90E+07 9.60E+06 NA 640 630 2,600 670 10,000 3,600 730
Silver (B) 7440-22-4 1,000 100 (M); 27 NA 4,500 NLV NLV NLV NLV 6.70E+06 2.50E+06 NA 13,000 NLV NLV NLV NLV 2.90E+06 9.00E+06 NA 460 U 460 U 480 U 520 U 390 U 470 U 430 U
Zinc (B) 7440-66-6 47,000 1.70E+05 (G) NA 2.40E+06 NLV NLV NLV NLV ID 1.70E+08 NA 5.00E+06 NLV NLV NLV NLV ID 6.30E+08 NA 20,000 14,000 99,000 50,000 94,000 140,000 26,000
Solids, Total (%) -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 93 91 95 95 97 91 95
Results expressed in µg/Kg dry weight.
Bolded values exceed an applicable criterion.
Italicized values are below Statewide Default Background Level but exceed an applicable criterion or screening level.
Data Qualifiers:
J Estimated value
U Not detected
Footnotes/Abbreviations:
(1)
Part 201 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.
(G) Criterion dependent on receiving surface water hardness; calculated criteria based on water hardness of 150 mg/L.
(H) Data provided for total chromium only; evaluated against hexavalent Chromium criteria.
(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.
(X) Criterion is not protective for surface water used as a drinking water source.
(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.
Csat saturation concentration
DC direct contact
DWP drinking water protection
GSIP groundwater surface water interface protection
ID Insufficient data to develop criterion.
MST meter source thickness
NA not available
NLL Not likely to leach under most soil conditions.
NLV Not likely to volatilize under most conditions.
PSI particulate soil inhalation
SDBL statewide default background levels
SL screening level
SVIAI soil volatilization to indoor air inhalation
VIAP volatilization to indoor air pathway
VSIC volatile soil inhalation criteria
Table 1 - Soil Data Summary
Direct Contact Evaluation
1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan
August 2021
Sample Location: Soil Residential Nonresidential AP-SS-8 AP-SS-9 AP-SS-10 AP-SS-11 AP-SS-12 AP-SS-13
GSIP
Laboratory ID: SDBL (1) Csat DWP SVIAI Inf. Source Finite VSIC - Finite VSIC - PSI DC Soil DWP Inf. Source Finite VSIC - Finite VSIC - PSI DC Soil 21H0909-08 21H0909-09 21H0909-10 21H0909-11 21H0909-12 21H0909-13
Criteria (1) SVIAI Criteria (1)
Collection Date: SL (1) Criteria (1) Criteria (1) VSIC (1) 5 MST (1)
2 MST (1) Criteria (1) Criteria (1) VIAP SL (2) Criteria (1) VSIC (1) 5 MST (1) 2 MST (1) Criteria (1) Criteria (1) VIAP SL (2) 08/20/21 08/20/21 08/20/21 08/20/21 08/20/21 08/20/21
Polynuclear Aromatic Compounds CAS Number
2-Methylnaphthalene 91-57-6 NA 4,200 NA 57,000 2.70E+06 1.50E+06 1.50E+06 1.50E+06 6.70E+08 8.10E+06 1,700 1.70E+05 4.90E+06 1.80E+06 1.80E+06 1.80E+06 2.90E+08 2.60E+07 30,000 430 U 330 U 430 U 430 UJ 330 UJ 330 U
Acenaphthene 83-32-9 NA 8,700 NA 3.00E+05 1.90E+08 8.10E+07 8.10E+07 8.10E+07 1.40E+10 4.10E+07 2.00E+05 8.80E+05 3.50E+08 9.70E+07 9.70E+07 9.70E+07 6.20E+09 1.30E+08 3.60E+06 330 U 330 U 330 U 330 UJ 330 UJ 330 U
Acenaphthylene 208-96-8 NA ID NA 5,900 1.60E+06 2.20E+06 2.20E+06 2.20E+06 2.30E+09 1.60E+06 DATA 17,000 3.00E+06 2.70E+06 2.70E+06 2.70E+06 1.00E+09 5.20E+06 DATA 330 U 330 U 330 U 330 UJ 330 UJ 330 U
Anthracene 120-12-7 NA ID NA 41,000 1.00E+09 1.40E+09 1.40E+09 1.40E+09 6.70E+10 2.30E+08 1.30E+07 41,000 1.00E+09 1.60E+09 1.60E+09 1.60E+09 2.90E+10 7.30E+08 2.20E+08 330 U 330 U 330 U 330 UJ 330 UJ 330 U
Benzo(a)anthracene 56-55-3 NA NLL NA NLL NLV NLV NLV NLV ID 20,000 1.60E+05 (MM) NLL NLV NLV NLV NLV ID 80,000 1.10E+07 330 U 330 U 330 U 330 UJ 330 UJ 330 U
Benzo(a)pyrene 50-32-8 NA NLL NA NLL NLV NLV NLV NLV 1.50E+06 2,000 NA NLL NLV NLV NLV NLV 1.90E+06 8,000 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U
Benzo(b)fluoranthene 205-99-2 NA NLL NA NLL ID ID ID ID ID 20,000 NA NLL ID ID ID ID ID 80,000 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U
Benzo(g,h,i)perylene 191-24-2 NA NLL NA NLL NLV NLV NLV NLV 8.00E+08 2.50E+06 NA NLL NLV NLV NLV NLV 3.50E+08 7.00E+06 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U
Benzo(k)fluoranthene 207-08-9 NA NLL NA NLL NLV NLV NLV NLV ID 2.00E+05 NA NLL NLV NLV NLV NLV ID 8.00E+05 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U
Chrysene 218-01-9 NA NLL NA NLL ID ID ID ID ID 2.00E+06 NA NLL ID ID ID ID ID 8.00E+06 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U
Dibenzo(a,h)anthracene 53-70-3 NA NLL NA NLL NLV NLV NLV NLV ID 2,000 NA NLL NLV NLV NLV NLV ID 8,000 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U
Fluoranthene 206-44-0 NA 5,500 NA 7.30E+05 1.00E+09 7.40E+08 7.40E+08 7.40E+08 9.30E+09 4.60E+07 NA 7.30E+05 1.00E+09 8.90E+08 8.80E+08 8.80E+08 4.10E+09 1.30E+08 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U
Fluorene 86-73-7 NA 5,300 NA 3.90E+05 5.80E+08 1.30E+08 1.30E+08 1.30E+08 9.30E+09 2.70E+07 4.70E+05 8.90E+05 1.00E+09 1.50E+08 1.50E+08 1.50E+08 4.10E+09 8.70E+07 8.30E+06 330 U 330 U 330 U 330 UJ 330 UJ 330 U
Indeno(1,2,3-cd)pyrene 193-39-5 NA NLL NA NLL NLV NLV NLV NLV ID 20,000 NA NLL NLV NLV NLV NLV ID 80,000 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U
Naphthalene 91-20-3 NA 730 NA 35,000 2.50E+05 3.00E+05 3.00E+05 3.00E+05 2.00E+08 1.60E+07 67 (M*) 1.00E+05 4.70E+05 3.50E+05 3.50E+05 3.50E+05 8.80E+07 5.20E+07 1,900 330 U 330 U 330 U 330 UJ 330 UJ 330 U
Phenanthrene 85-01-8 NA 2,100 NA 56,000 2.80E+06 1.60E+05 1.60E+05 1.60E+05 6.70E+06 1.60E+06 1,700 1.60E+05 5.10E+06 1.90E+05 1.90E+05 1.90E+05 2.90E+06 5.20E+06 29,000 330 U 330 U 330 U 330 UJ 330 UJ 330 U
Pyrene 129-00-0 NA ID NA 4.80E+05 1.00E+09 6.50E+08 6.50E+08 6.50E+08 6.70E+09 2.90E+07 2.50E+07 4.80E+05 1.00E+09 7.80E+08 7.80E+08 7.80E+08 2.90E+09 8.40E+07 4.40E+08 330 U 330 U 330 U 330 UJ 330 UJ 330 U
Metals, Total CAS Number
Arsenic (B) 7440-38-2 5,800 4,600 NA 4,600 NLV NLV NLV NLV 7.20E+05 7,600 NA 4,600 NLV NLV NLV NLV 9.10E+05 37,000 NA 2,900 2,000 U 2,000 U 2,200 2,400 13,000
Barium (B) 7440-39-3 75,000 4.40E+05 (G) NA 1.30E+06 NLV NLV NLV NLV 3.30E+08 3.70E+07 NA 1.30E+06 NLV NLV NLV NLV 1.50E+08 1.30E+08 NA 17,000 4,300 7,500 9,400 10,000 16,000
Cadmium (B) 7440-43-9 1,200 3,600 (G,X) NA 6,000 NLV NLV NLV NLV 1.70E+06 5.50E+05 NA 6,000 NLV NLV NLV NLV 2.20E+06 2.10E+06 NA 400 200 U 200 U 570 240 5,200
Chromium, Total (B, H) 7440-47-3 18,000 (total) 3,300 NA 30,000 NLV NLV NLV NLV 2.60E+05 2.50E+06 NA 30,000 NLV NLV NLV NLV 2.40E+05 9.20E+06 NA 62,000 11,000 28,000 76,000 100,000 1,600,000
Copper (B) 7440-50-8 32,000 75,000 (G) NA 5.80E+06 NLV NLV NLV NLV 1.30E+08 2.00E+07 NA 5.80E+06 NLV NLV NLV NLV 5.90E+07 7.30E+07 NA 48,000 12,000 68,000 38,000 59,000 380,000
Lead (B) 7439-92-1 21,000 5.10E+06 (G,X) NA 7.00E+05 NLV NLV NLV NLV 1.00E+08 4.00E+05 NA 7.00E+05 NLV NLV NLV NLV 4.40E+07 9.00E+05 NA 25,000 4,200 8,300 16,000 18,000 240,000
Mercury (Total) (B) 7439-97-6 130 50 (M); 1.2 NA 1,700 48,000 52,000 52,000 52,000 2.00E+07 1.60E+05 22 (M*) 1,700 89,000 62,000 62,000 62,000 8.80E+06 5.80E+05 390 (M*) 50 U 50 U 50 U 50 U 50 U 140
Selenium (B) 7782-49-2 410 400 NA 4,000 NLV NLV NLV NLV 1.30E+08 2.60E+06 NA 4,000 NLV NLV NLV NLV 5.90E+07 9.60E+06 NA 3,700 4,400 1,300 2,700 560 U 1,200
Silver (B) 7440-22-4 1,000 100 (M); 27 NA 4,500 NLV NLV NLV NLV 6.70E+06 2.50E+06 NA 13,000 NLV NLV NLV NLV 2.90E+06 9.00E+06 NA 520 U 500 U 460 U 520 U 470 U 2,900
Zinc (B) 7440-66-6 47,000 1.70E+05 (G) NA 2.40E+06 NLV NLV NLV NLV ID 1.70E+08 NA 5.00E+06 NLV NLV NLV NLV ID 6.30E+08 NA 74,000 15,000 24,000 66,000 67,000 1,900,000
Solids, Total (%) -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 97 94 97 96 86 88
Results expressed in µg/Kg dry weight.
Bolded values exceed an applicable criterion.
Italicized values are below Statewide Default Background Level but exceed an applicable criterion or screening level.
Data Qualifiers:
J Estimated value
U Not detected
Footnotes/Abbreviations:
(1)
Part 201 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.
(G) Criterion dependent on receiving surface water hardness; calculated criteria based on water hardness of 150 mg/L.
(H) Data provided for total chromium only; evaluated against hexavalent Chromium criteria.
(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.
(X) Criterion is not protective for surface water used as a drinking water source.
(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.
Csat saturation concentration
DC direct contact
DWP drinking water protection
GSIP groundwater surface water interface protection
ID Insufficient data to develop criterion.
MST meter source thickness
NA not available
NLL Not likely to leach under most soil conditions.
NLV Not likely to volatilize under most conditions.
PSI particulate soil inhalation
SDBL statewide default background levels
SL screening level
SVIAI soil volatilization to indoor air inhalation
VIAP volatilization to indoor air pathway
VSIC volatile soil inhalation criteria
Fishbeck | 1 of 2
Table 1 - Soil Data Summary
Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan
October 2022
Sample Location: APNSB-01 APNSB-02 APNSB-03 APNSB-04 APNSB-05 Field Blank Soil
Statewide Finite VSIC Finite VSIC Particulate
Depth Interval (ft): (2-4) (6-8) (1-3) (4.5-6.5) (4-6) Drinking Water Volatilization to Infinite Direct Soil Saturation
Default GSIP for 5 Meter for 2 Meter Soil Soil
Investigative/Field Duplicate/QC: Investigative Investigative Investigative Investigative Investigative QC Protection Indoor Air Source Contact Concentration
Background Criteria (1) Source Source Inhalation VIAP SL
(2)
Laboratory ID: 22102086-07 22102086-08 22102086-09 22102086-10 22102086-11 22102086-12 Criteria (1) Inhalation VSIC (1) Criteria (1) SL (1)
Levels (1) Thickness (1) Thickness (1) Criteria (1)
Collection Date: 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 Criteria (1)
Volatile Organic Compounds CAS Number
1,1,1,2-Tetrachloroethane 630-20-6 20 U 21 U 23 U 22 U 20 U 30 U NA 1,500 ID 6,200 36,000 54,000 1.00E+05 4.20E+08 4.80E+05 (C) 4.40E+05 3.2 (M*)
1,1,1-Trichloroethane 71-55-6 20 U 21 U 23 U 22 U 20 U 30 U NA 4,000 1,800 2.50E+05 3.80E+06 1.20E+07 2.80E+07 6.70E+10 5.00E+08 (C) 4.60E+05 450 (EE)
1,1,2,2-Tetrachloroethane 79-34-5 20 U 21 U 23 U 22 U 20 U 30 U NA 170 1,600 (X) 4,300 10,000 10,000 14,000 5.40E+07 53,000 8.70E+05 2.7 (M*)
1,1,2-Trichloro-1,2,2-trifluoroethane 76-13-1 20 U 21 U 23 U 22 U 20 U 30 U NA 9.00E+06 (C) 1,700 5.10E+06 (C) 1.80E+08 8.80E+08 2.10E+09 5.10E+12 1.00E+09 (C,D) 5.50E+05 860
1,1,2-Trichloroethane 79-00-5 20 U 21 U 23 U 22 U 20 U 30 U NA 100 6,600 (X) 4,600 17,000 21,000 44,000 1.90E+08 1.80E+05 9.20E+05 0.37 (M*)
1,1-Dichloroethane 75-34-3 20 U 21 U 23 U 22 U 20 U 30 U NA 18,000 15,000 2.30E+05 2.10E+06 5.90E+06 1.40E+07 3.30E+10 2.70E+07 (C) 8.90E+05 2.6 (M*)
1,1-Dichloroethene 75-35-4 20 U 21 U 23 U 22 U 20 U 30 U NA 140 2,600 62 1,100 5,300 13,000 6.20E+07 2.00E+05 5.70E+05 12 (M*)
1,2,3-Trichloropropane 96-18-4 20 U 21 U 23 U 22 U 20 U 30 U NA 840 NA 4,000 9,200 9,200 11,000 2.00E+07 1.30E+06 (C) 8.30E+05 2.6 (M*)
1,2,4-Trichlorobenzene 120-82-1 68 U 70 U 76 U 72 U 68 U 100 U NA 4,200 5,900 (X) 9.60E+06 (C) 2.80E+07 2.80E+07 2.80E+07 2.50E+10 9.90E+05 (DD) 1.10E+06 53 (M*)
1,2,4-Trimethylbenzene 95-63-6 20 U 21 U 23 U 22 U 20 U 30 U NA 2,100 570 4.30E+06 (C) 2.10E+07 5.00E+08 5.00E+08 8.20E+10 3.20E+07 (C) 1.10E+05 150 (JT)
1,2-Dibromo-3-chloropropane (DBCP) 96-12-8 68 U 70 U 76 U 72 U 68 U 100 U NA 10 (M); 4.0 ID 220 260 260 260 5.60E+05 4,400 (C) 1,200 DATA
1,2-Dibromoethane (EDB) 106-93-4 20 U 21 U 23 U 22 U 20 U 30 U NA 20 (M); 1.0 110 (X) 670 1,700 1,700 3,300 1.40E+07 92 8.90E+05 0.074 (M*)
1,2-Dichlorobenzene 95-50-1 20 U 21 U 23 U 22 U 20 U 30 U NA 14,000 280 1.10E+07 (C) 3.90E+07 3.90E+07 5.20E+07 1.00E+11 1.90E+07 (C) 2.10E+05 1,500
1,2-Dichloroethane 107-06-2 68 U 70 U 76 U 72 U 68 U 100 U NA 100 7,200 (X) 2,100 6,200 11,000 26,000 1.20E+08 91,000 1.20E+06 0.82 (M*)
1,2-Dichloropropane 78-87-5 20 U 21 U 23 U 22 U 20 U 30 U NA 100 4,600 (X) 4,000 25,000 50,000 1.10E+05 2.70E+08 1.40E+05 5.50E+05 2.1 (M*)
1,3,5-Trimethylbenzene 108-67-8 68 U 70 U 76 U 72 U 68 U 100 U NA 1,800 1,100 2.60E+06 (C) 1.60E+07 3.80E+08 3.80E+08 8.20E+10 3.20E+07 (C) 94,000 100 (JT)
1,3-Dichlorobenzene 541-73-1 20 U 21 U 23 U 22 U 20 U 30 U NA 170 680 26,000 79,000 79,000 1.10E+05 2.00E+08 2.00E+05 (C) 1.70E+05 10 (M*)
1,3-Dichloropropene, cis- 10061-01-5 20 U 21 U 23 U 22 U 20 U 30 U -- -- -- -- -- -- -- -- -- -- --
1,3-Dichloropropene, trans- 10061-02-6 20 U 21 U 23 U 22 U 20 U 30 U -- -- -- -- -- -- -- -- -- -- --
1,3-Dichloropropene (Total) 542-75-6 40 U 42 U 46 U 44 U 40 U 60 U NA 170 180 (X) 1,000 18,000 68,000 1.60E+05 7.80E+08 10,000 6.20E+05 3.1 (J,M*)
1,4-Dichlorobenzene 106-46-7 20 U 21 U 23 U 22 U 20 U 30 U NA 1,700 360 19,000 77,000 77,000 1.10E+05 4.50E+08 4.00E+05 NA 23 (M*)
2-Butanone (MEK) 78-93-3 140 U 140 U 150 U 140 U 140 U 200 U NA 2.60E+05 44,000 5.40E+07 (C) 2.90E+07 2.90E+07 3.50E+07 6.70E+10 1.20E+08 (C,DD) 2.70E+07 31,000 (DD*)
2-Hexanone 591-78-6 20 U 21 U 23 U 22 U 20 U 30 U NA 20,000 ID 9.90E+05 1.10E+06 1.10E+06 1.40E+06 2.70E+09 3.20E+07 (C) 2.50E+06 210 (M*)
2-Methylnaphthalene 91-57-6 68 U 70 U 36 J 44 J 68 U 100 U NA 57,000 4,200 2.70E+06 1.50E+06 1.50E+06 1.50E+06 6.70E+08 8.10E+06 NA 1,700
4-Methyl-2-pentanone (MIBK) 108-10-1 20 U 21 U 23 U 22 U 20 U 30 U NA 36,000 ID 3.70E+07 (C) 4.50E+07 4.50E+07 6.70E+07 1.40E+11 5.60E+07 (C) 2.70E+06 3,300
Acetone 67-64-1 140 170 76 U 170 180 340 NA 15,000 34,000 2.90E+08 (C) 1.30E+08 1.30E+08 1.90E+08 3.90E+11 2.30E+07 1.10E+08 2.60E+05 (EE)
Acrylonitrile 107-13-1 68 U 70 U 76 U 72 U 68 U 100 U NA 100 (M); 52 100 (M); 40 6,600 5,000 5,100 10,000 4.60E+07 16,000 8.30E+06 1.2 (M*)
Benzene 71-43-2 20 U 21 U 23 U 22 U 20 U 30 U NA 100 4,000 (X) 1,600 13,000 34,000 79,000 3.80E+08 1.80E+05 4.00E+05 1.7 (M*)
Bromochloromethane 74-97-5 20 U 21 U 23 U 22 U 20 U 30 U -- -- -- -- -- -- -- -- -- --- --
Bromodichloromethane 75-27-4 20 U 21 U 23 U 22 U 20 U 30 U NA 1,600 (W) ID 1,200 9,100 9,700 19,000 8.40E+07 1.10E+05 1.50E+06 0.61 (M*)
Bromoform 75-25-2 20 U 21 U 23 U 22 U 20 U 30 U NA 1,600 (W) ID 1.50E+05 9.00E+05 9.00E+05 9.00E+05 2.80E+09 8.20E+05 8.70E+05 45 (M*)
Bromomethane 74-83-9 68 U 70 U 76 U 72 U 68 U 100 U NA 200 100 860 11,000 57,000 1.40E+05 3.30E+08 3.20E+05 2.20E+06 0.90 (M*)
Carbon disulfide 75-15-0 20 U 21 U 23 U 22 U 20 U 30 U NA 16,000 ID 76,000 1.30E+06 7.90E+06 1.90E+07 4.70E+10 7.20E+06 (C,DD) 2.80E+05 52 (M*)
Carbon tetrachloride 56-23-5 20 U 21 U 23 U 22 U 20 U 30 U NA 100 760 (X) 190 3,500 12,000 28,000 1.30E+08 96,000 3.90E+05 0.31 (M*)
Chlorobenzene 108-90-7 20 U 21 U 23 U 22 U 20 U 30 U NA 2,000 500 1.20E+05 7.70E+05 9.90E+05 2.10E+06 4.70E+09 4.30E+06 (C) 2.60E+05 82
Chloroethane 75-00-3 68 U 70 U 76 U 72 U 68 U 100 U NA 8,600 22,000 (X) 2.90E+06 (C) 3.00E+07 1.20E+08 2.80E+08 6.70E+11 2.60E+06 (C) 9.50E+05 330
Chloroform 67-66-3 20 U 21 U 23 U 22 U 20 U 30 U NA 1,600 (W) 7,000 7,200 45,000 1.20E+05 2.70E+05 1.30E+09 1.20E+06 1.50E+06 0.26 (M*)
Chloromethane 74-87-3 68 U 70 U 76 U 72 U 68 U 100 U NA 5,200 ID 2,300 40,000 4.10E+05 1.00E+06 4.90E+09 1.60E+06 (C) 1.10E+06 6.9 (M*)
cis-1,2-Dichloroethene 156-59-2 20 U 21 U 23 U 22 U 20 U 30 U NA 1,400 12,000 22,000 1.80E+05 4.20E+05 9.90E+05 2.30E+09 2.50E+06 (C) 6.40E+05 2.1 (M*)
Dibromochloromethane 124-48-1 20 U 21 U 23 U 22 U 20 U 30 U NA 1,600 (W) ID 3,900 24,000 24,000 33,000 1.30E+08 1.10E+05 6.10E+05 0.40 (M*,MM)
Dibromomethane 74-95-3 20 U 21 U 23 U 22 U 20 U 30 U NA 1,600 NA ID ID ID ID ID 2.50E+06 (C) 2.00E+06 3.5 (M*)
Dichlorodifluoromethane 75-71-8 68 U 70 U 76 U 72 U 68 U 100 U NA 95,000 ID 9.00E+05 5.30E+07 5.50E+08 1.40E+09 3.30E+12 5.20E+07 (C) 1.00E+06 12 (M*)
Diethyl ether 60-29-7 20 U 21 U 23 U 22 U 20 U 30 U NA 200 ID 2.80E+07 (C) 8.50E+07 1.50E+08 3.40E+08 8.00E+11 1.10E+08 (C) 7.40E+06 350
Ethylbenzene 100-41-4 20 U 21 U 23 U 22 U 20 U 30 U NA 1,500 360 87,000 7.20E+05 1.00E+06 2.20E+06 1.00E+10 2.20E+07 (C) 1.40E+05 12 (M*)
Hexachloroethane 67-72-1 68 U 70 U 76 U 72 U 68 U 100 U NA 430 1,800 (X) 40,000 5.50E+05 9.30E+05 9.30E+05 2.30E+08 2.30E+05 NA 3.2 (M*)
Iodomethane 74-88-4 340 U 350 U 380 U 360 U 340 U 500 U -- -- -- -- -- -- -- -- -- -- --
Isopropyl benzene (Cumene) 98-82-8 20 U 21 U 23 U 22 U 20 U 30 U NA 91,000 3,200 4.00E+05 (C) 1.70E+06 1.70E+06 2.80E+06 5.80E+09 2.50E+07 (C) 3.90E+05 3.8 (M*)
Methyl-tert-butyl ether (MTBE) 1634-04-4 20 U 21 U 23 U 22 U 20 U 30 U NA 800 1.40E+05 (X) 9.90E+06 (C) 2.50E+07 3.90E+07 8.70E+07 2.00E+11 1.50E+06 5.90E+06 74 (M*)
Methylene chloride 75-09-2 170 U 170 U 190 U 180 U 170 U 250 U NA 100 30,000 (X) 45,000 2.10E+05 5.90E+05 1.40E+06 6.60E+09 1.30E+06 2.30E+06 130
n-Propylbenzene 103-65-1 20 U 21 U 23 U 22 U 20 U 30 U NA 1,600 ID ID ID ID ID 1.30E+09 2.50E+06 1.00E+07 1,800 (DD*)
Naphthalene 91-20-3 68 U 70 U 76 U 89 68 U 100 U NA 35,000 730 2.50E+05 3.00E+05 3.00E+05 3.00E+05 2.00E+08 1.60E+07 NA 67 (M*)
Styrene 100-42-5 20 U 21 U 23 U 22 U 20 U 30 U NA 2,700 2,100 (X) 2.50E+05 9.70E+05 9.70E+05 1.40E+06 5.50E+09 4.00E+05 5.20E+05 150
Tetrachloroethene (PCE) 127-18-4 20 U 21 U 23 U 22 U 20 U 30 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 6.2 (M*,EE)
Toluene 108-88-3 20 U 21 U 23 U 22 U 20 U 30 U NA 16,000 5,400 3.30E+05 (C) 2.80E+06 5.10E+06 1.20E+07 2.70E+10 5.00E+07 (C) 2.50E+05 3,700
trans-1,2-Dichloroethene 156-60-5 20 U 21 U 23 U 22 U 20 U 30 U NA 2,000 30,000 (X) 23,000 2.80E+05 8.30E+05 2.00E+06 4.70E+09 3.80E+06 (C) 1.40E+06 12 (M*)
trans-1,4-Dichloro-2-butene 110-57-6 20 U 21 U 23 U 22 U 20 U 30 U -- -- -- -- -- -- -- -- -- -- --
Trichloroethene (TCE) 79-01-6 20 U 21 U 23 U 22 U 20 U 30 U NA 100 4,000 (X) 1,000 11,000 25,000 57,000 1.30E+08 1.10E+05 (DD) 5.00E+05 0.33 (M*,DD*)
Trichlorofluoromethane 75-69-4 20 U 21 U 23 U 22 U 20 U 30 U NA 52,000 NA 2.80E+06 (C) 9.20E+07 6.30E+08 1.50E+09 3.80E+12 7.90E+07 (C) 5.60E+05 19 (M*)
Vinyl acetate 108-05-4 170 U 170 U 190 U 180 U 170 U 250 U NA 13,000 NA 7.90E+05 1.70E+06 2.60E+06 5.80E+06 1.30E+10 5.80E+06 (C) 2.40E+06 160 (M*)
Vinyl chloride 75-01-4 20 U 21 U 23 U 22 U 20 U 30 U NA 40 260 (X) 270 4,200 30,000 73,000 3.50E+08 3,800 4.90E+05 0.082 (M*,MM)
Xylenes, meta- & para- 179601-23-1 41 U 42 U 46 U 43 U 41 U 60 U -- -- -- -- -- -- -- -- -- -- --
Xylene, ortho- 95-47-6 20 U 21 U 23 U 22 U 20 U 30 U -- -- -- -- -- -- -- -- -- -- --
Xylenes, Total 1330-20-7 61 U 63 U 68 U 65 U 61 U 90 U NA 5,600 980 6.30E+06 (C) 4.60E+07 6.10E+07 1.30E+08 2.90E+11 4.10E+08 (C) 1.50E+05 280 (J)
Z:\2020\201515\WORK\Rept\Phase II ESA_October 2022\TBL01_DataSummary-Soil_2022_10.xlsx 11/22/2022
Fishbeck | 2 of 2
Table 1 - Soil Data Summary
Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan
October 2022
Sample Location: APNSB-01 APNSB-02 APNSB-03 APNSB-04 APNSB-05 Field Blank Soil
Statewide Finite VSIC Finite VSIC Particulate
Depth Interval (ft): (2-4) (6-8) (1-3) (4.5-6.5) (4-6) Drinking Water Volatilization to Infinite Direct Soil Saturation
Default GSIP for 5 Meter for 2 Meter Soil Soil
Investigative/Field Duplicate/QC: Investigative Investigative Investigative Investigative Investigative QC Protection Indoor Air Source Contact Concentration
Background Criteria (1) Source Source Inhalation VIAP SL
(2)
Laboratory ID: 22102086-07 22102086-08 22102086-09 22102086-10 22102086-11 22102086-12 Criteria (1) Inhalation VSIC (1) Criteria (1) SL (1)
Levels (1) Thickness (1) Thickness (1) Criteria (1)
Collection Date: 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 Criteria (1)
Polynuclear Aromatic Compounds CAS Number
2-Methylnaphthalene 91-57-6 4.4 U 47 U 4.6 U 4.5 U 62 U -- NA 57,000 4,200 2.70E+06 1.50E+06 1.50E+06 1.50E+06 6.70E+08 8.10E+06 NA 1,700
Acenaphthene 83-32-9 4.4 U 47 U 4.6 U 30 62 U -- NA 3.00E+05 8,700 1.90E+08 8.10E+07 8.10E+07 8.10E+07 1.40E+10 4.10E+07 NA 2.00E+05
Acenaphthylene 208-96-8 4.4 U 47 U 4.6 U 4.5 U 62 U -- NA 5,900 ID 1.60E+06 2.20E+06 2.20E+06 2.20E+06 2.30E+09 1.60E+06 NA DATA
Anthracene 120-12-7 4.4 U 47 U 4.6 U 210 62 U -- NA 41,000 ID 1.00E+09 1.40E+09 1.40E+09 1.40E+09 6.70E+10 2.30E+08 NA 1.30E+07
Benzo(a)anthracene 56-55-3 8.3 47 U 4.6 U 230 65 -- NA NLL NLL NLV NLV NLV NLV ID 20,000 NA 1.60E+05 (MM)
Benzo(a)pyrene 50-32-8 7.2 47 U 4.6 U 180 70 -- NA NLL NLL NLV NLV NLV NLV 1.50E+06 2,000 NA NA
Benzo(b)fluoranthene 205-99-2 8.8 47 U 4.6 U 210 130 -- NA NLL NLL ID ID ID ID ID 20,000 NA NA
Benzo(g,h,i)perylene 191-24-2 4.9 47 U 4.6 U 120 89 -- NA NLL NLL NLV NLV NLV NLV 8.00E+08 2.50E+06 NA NA
Benzo(k)fluoranthene 207-08-9 5.7 47 U 4.6 U 110 61 J -- NA NLL NLL NLV NLV NLV NLV ID 2.00E+05 NA NA
Chrysene 218-01-9 13 63 5.0 260 130 -- NA NLL NLL ID ID ID ID ID 2.00E+06 NA NA
Dibenzo(a,h)anthracene 53-70-3 4.4 U 47 U 4.6 U 19 62 U -- NA NLL NLL NLV NLV NLV NLV ID 2,000 NA NA
Fluoranthene 206-44-0 18 60 6.6 700 98 -- NA 7.30E+05 5,500 1.00E+09 7.40E+08 7.40E+08 7.40E+08 9.30E+09 4.60E+07 NA NA
Fluorene 86-73-7 4.4 U 47 U 4.6 U 49 62 U -- NA 3.90E+05 5,300 5.80E+08 1.30E+08 1.30E+08 1.30E+08 9.30E+09 2.70E+07 NA 4.70E+05
Indeno(1,2,3-cd)pyrene 193-39-5 4.4 47 U 4.6 U 150 71 -- NA NLL NLL NLV NLV NLV NLV ID 20,000 NA NA
Naphthalene 91-20-3 4.4 U 47 U 4.6 U 4.5 U 62 U -- NA 35,000 730 2.50E+05 3.00E+05 3.00E+05 3.00E+05 2.00E+08 1.60E+07 NA 67 (M*)
Phenanthrene 85-01-8 4.4 U 47 U 4.6 U 620 62 U -- NA 56,000 2,100 2.80E+06 1.60E+05 1.60E+05 1.60E+05 6.70E+06 1.60E+06 NA 1,700
Pyrene 129-00-0 18 77 8.7 580 120 -- NA 4.80E+05 ID 1.00E+09 (D) 6.50E+08 6.50E+08 6.50E+08 6.70E+09 2.90E+07 NA 2.50E+07
Metals, Total CAS Number
Arsenic (B) 7440-38-2 3,900 3,700 9,100 4,400 9,100 -- 5,800 4,600 4,600 NLV NLV NLV NLV 7.20E+05 7,600 NA NA
Barium (B) 7440-39-3 9,500 18,000 J 9,200 7,000 14,000 -- 75,000 1.30E+06 4.40E+05 (G) NLV NLV NLV NLV 3.30E+08 3.70E+07 NA NA
Cadmium (B) 7440-43-9 76 J 790 1,000 120 J 150 U -- 1,200 6,000 3,600 (G,X) NLV NLV NLV NLV 1.70E+06 5.50E+05 NA NA
Chromium, Total (B, H) 7440-47-3 20,000 50,000 140,000 22,000 38,000 -- 18,000 (total) 30,000 3,300 NLV NLV NLV NLV 2.60E+05 2.50E+06 NA NA
Copper (B) 7440-50-8 19,000 32,000 77,000 48,000 89,000 -- 32,000 5.80E+06 75,000 (G) NLV NLV NLV NLV 1.30E+08 2.00E+07 NA NA
Lead (B) 7439-92-1 16,000 38,000 65,000 6,900 4,600 -- 21,000 7.00E+05 5.10E+06 (G,X) NLV NLV NLV NLV 1.00E+08 4.00E+05 NA NA
Mercury (Total) (B) 7439-97-6 19 U 24 280 940 19 U -- 130 1,700 50 (M); 1.2 48,000 52,000 52,000 52,000 2.00E+07 1.60E+05 NA 22 (M*)
Selenium (B) 7782-49-2 350 U 390 U 36,000 390 U 380 U -- 410 4,000 400 NLV NLV NLV NLV 1.30E+08 2.60E+06 NA NA
Silver (B) 7440-22-4 350 U 62 J 410 69 J 380 U -- 1,000 4,500 100 (M); 27 NLV NLV NLV NLV 6.70E+06 2.50E+06 NA NA
Zinc (B) 7440-66-6 19,000 30,000 290,000 15,000 7,000 -- 47,000 2.40E+06 1.70E+05 (G) NLV NLV NLV NLV ID 1.70E+08 NA NA
Solids, Total (%) -- 93.4 91.1 89.0 90.3 92.8 -- -- -- -- -- -- -- -- -- -- -- --
Results expressed in µg/Kg dry 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).
(D) Calculated criterion exceeds 100 percent; hence it is reduced to 100 percent or 1.00E+09 parts per billion (ppb).
(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 direct contact criteria are protective of both prenatal and postnatal exposure.
(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 3
Table 2 - Groundwater Data Summary
Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan
October 2022
Monitoring Location: APNTW-01 APNTW-02 APNTW-03 APNTW-04 APNTW-05 Trip Blank
Residential Flammability Residential GW- Residential GW-
Depth Interval (ft): (6.5-11.5) (6-11) (7-12) (9.5-14.5) (7.5-12.5) Residential GSI Water
Groundwater and Explosivity Shallow Not in Contact VIAP
Laboratory ID: 22102086-01 22102086-02 22102086-03 22102086-04 22102086-05 22102086-06 DWC (1) Criteria (1) (1) Solubility (1)
Collection Date: VIAIC SL (1) VIAP SL
(2)
SL
(2)
10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22
Volatile Organic Compounds CAS Number
1,1,1,2-Tetrachloroethane 630-20-6 1U 1U 1U 1U 1U 1U 77 ID 15,000 1.10E+06 ID 3.1 89
1,1,1-Trichloroethane 71-55-6 1U 1U 1U 1U 1U 1U 200 (A) 89 6.60E+05 1.33E+06 ID 180 (FF*) 17,000 (EE*)
1,1,2,2-Tetrachloroethane 79-34-5 1U 1U 1U 1U 1U 1U 8.5 78 (X) 12,000 2.97E+06 ID 2.4 71
1,1,2-Trichloro-1,2,2-trifluoroethane 76-13-1 1U 1U 1U 1U 1U 1U 1.70E+05 (S) 32 1.70E+05 (S) 1.70E+05 ID 840 2,700
1,1,2-Trichloroethane 79-00-5 1U 1U 1U 1U 1U 1U 5.0 (A) 330 (X) 17,000 4.42E+06 NA 0.47 (M*) 14
1,1-Dichloroethane 75-34-3 1U 1U 1U 1U 1U 1U 880 740 1.00E+06 5.06E+06 3.80E+05 4.7 130
1,1-Dichloroethene 75-35-4 1U 1U 1U 1U 1U 1U 7.0 (A) 130 200 2.25E+06 97,000 18 330
1,2,3-Trichloropropane 96-18-4 1U 1U 1U 1U 1U 1U 42 NA 8,300 1.90E+06 NA 1.9 57
1,2,4-Trichlorobenzene 120-82-1 1U 1U 1U 1U 1U 1U 70 (A) 99 (X) 3.00E+05 (S) 3.00E+05 NA 3.8 (M*) 110
1,2,4-Trimethylbenzene 95-63-6 1U 1U 3.8 1U 1U 1U 63/1,000 (E) 17 56,000 (S) 55,890 56,000 (S) 25 (JT) 670 (JT)
1,2-Dibromo-3-chloropropane (DBCP) 96-12-8 1U 1U 1U 1U 1U 1U 0.20 (A) ID 220 1,230 NA 0.00045 (M*,MM) 0.00045 (CC*,M*,MM)
1,2-Dibromoethane (EDB) 106-93-4 1U 1U 1U 1U 1U 1U 0.050 (A) 5.7 (X) 2,400 4.20E+06 ID 0.13 3.8
1,2-Dichlorobenzene 95-50-1 1U 1U 1U 1U 1U 1U 600 (A) 13 1.60E+05 (S) 1.56E+05 NA 370 11,000
1,2-Dichloroethane 107-06-2 1U 1U 1U 1U 1U 1U 5.0 (A) 360 (X) 9,600 8.52E+06 2.50E+06 1.4 41
1,2-Dichloropropane 78-87-5 1U 1U 1U 1U 1U 1U 5.0 (A) 230 (X) 16,000 2.80E+06 5.50E+05 2.6 74
1,3,5-Trimethylbenzene 108-67-8 1U 1U 1.4 1U 1U 1U 72/1,000 (E) 45 61,000 (S) 61,150 ID 18 (JT) 470 (JT)
1,3-Dichlorobenzene 541-73-1 1U 1U 1U 1U 1U 1U 6.6 28 18,000 1.11E+05 ID 2.6 75
1,3-Dichloropropene, cis- 10061-01-5 1U 1U 1U 1U 1U 1U -- -- -- -- -- -- --
1,3-Dichloropropene, trans- 10061-02-6 1U 1U 1U 1U 1U 1U -- -- -- -- -- -- --
1,3-Dichloropropene (Total) (Calc.) 542-75-6 2U 2U 2U 2U 2U 2U 8.5 9.0 (X) 3,900 2.80E+06 1.30E+05 3.3 (J) 95 (J)
1,4-Dichlorobenzene 106-46-7 1U 1U 1U 1U 1U 1U 75 (A) 17 16,000 73,800 NA 5.9 170
2-Butanone (MEK) 78-93-3 2.2 J 5U 5U 5U 5U 2.0 J 13,000 2,200 2.40E+08 (S) 2.40E+08 ID 2,600 (DD) 4.30E+06 (DD)
2-Hexanone 591-78-6 5U 5U 5U 5U 5U 5U 1,000 ID 4.20E+06 1.60E+07 NA 660 20,000
2-Methylnaphthalene 91-57-6 25 U 77 43 28 5U 1.5 J 260 19 25,000 (S) 24,600 ID 66 2,000
4-Methyl-2-pentanone (MIBK) 108-10-1 1U 1U 1U 1U 1U 1U 1,800 ID 2.00E+07 (S) 2.00E+07 ID 660 20,000
Acetone 67-64-1 10 U 10 U 10 U 10 U 10 U 10 U 730 1,700 1.00E+09 (D,S) 1.00E+09 1.50E+07 50,000 (FF*) 50,000
Acrylonitrile 107-13-1 1U 1U 1U 1U 1U 1U 2.6 2.0 (M); 1.2 34,000 7.50E+07 6.40E+06 4.6 140
Benzene 71-43-2 1U 1U 3.7 1U 1U 1U 5.0 (A) 200 (X) 5,600 1.75E+06 68,000 1.0 28
Bromochloromethane 74-97-5 1U 1U 1U 1U 1U 1U -- -- -- -- -- -- --
Bromodichloromethane 75-27-4 1U 1U 1U 1U 1U 1U 80 (A,W) ID 4,800 6.74E+06 ID 1.2 34
Bromoform 75-25-2 1U 1U 1U 1U 1U 1U 80 (A,W) ID 4.70E+05 3.10E+06 ID 89 2,700
Bromomethane 74-83-9 1U 1U 1U 1U 1U 1U 10 5.0 (M); 4.2 4,000 1.45E+07 ID 2.1 (M*) 55
Carbon Disulfide 75-15-0 1U 1U 1.1 1U 1U 1U 800 ID 2.50E+05 1.19E+06 13,000 92 2,100
Carbon Tetrachloride 56-23-5 1U 1U 1U 1U 1U 1U 5.0 (A) 38 (X) 370 7.93E+05 ID 0.41 (M*) 7.7
Chlorobenzene 108-90-7 1U 1U 1U 1U 1U 1U 100 (A) 25 2.10E+05 4.72E+05 1.60E+05 33 940
Chloroethane 75-00-3 1U 1U 1U 1U 1U 4.6 430 1,100 (X) 5.70E+06 (S) 5.74E+06 1.10E+05 620 15,000
Chloroform 67-66-3 1U 1U 1U 1U 1U 1U 80 (A,W) 350 28,000 7.92E+06 ID 0.49 (M*) 14
Chloromethane 74-87-3 1U 1U 1U 1U 1U 1U 260 ID 8,600 6.34E+06 36,000 15 380
cis-1,2-Dichloroethene 156-59-2 1U 1U 1U 1U 1U 1U 70 (A) 620 93,000 3.50E+06 5.30E+05 3.4 95
Dibromochloromethane 124-48-1 1U 1U 1U 1U 1U 1U 80 (A,W) ID 14,000 2.60E+06 ID 0.78 (M*,MM) 23 (MM)
Dibromomethane 74-95-3 1U 1U 1U 1U 1U 1U 80 NA ID 1.10E+07 ID 8.8 260
Dichlorodifluoromethane 75-71-8 1U 1U 1U 1U 1U 1U 1,700 ID 2.20E+05 3.00E+05 ID 13 49
Diethyl Ether 60-29-7 1U 1U 1U 1U 1U 1U 10/3,700 (E) ID 6.10E+07 (S) 6.10E+07 6.50E+05 1,200 36,000
Ethylbenzene 100-41-4 1U 1U 1U 1U 1U 1U 74/700 (E) 18 1.10E+05 1.69E+05 43,000 2.8 74
Hexachloroethane 67-72-1 1U 1U 1U 1U 1U 1U 7.3 6.7 (X) 27,000 50,000 ID 1.5 (M*) 43
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Fishbeck | 2 of 3
Table 2 - Groundwater Data Summary
Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan
October 2022
Monitoring Location: APNTW-01 APNTW-02 APNTW-03 APNTW-04 APNTW-05 Trip Blank
Residential Flammability Residential GW- Residential GW-
Depth Interval (ft): (6.5-11.5) (6-11) (7-12) (9.5-14.5) (7.5-12.5) Residential GSI Water
Groundwater and Explosivity Shallow Not in Contact VIAP
Laboratory ID: 22102086-01 22102086-02 22102086-03 22102086-04 22102086-05 22102086-06 DWC (1) Criteria (1) (1) Solubility
(1)
(1) (2) (2)
Collection Date: VIAIC SL VIAP SL SL
10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22
Iodomethane 74-88-4 5U 5U 5U 5U 5U 5U -- -- -- -- -- -- --
Isopropylbenzene (Cumene) 98-82-8 1U 1U 1U 1U 1U 1U 800 28 56,000 (S) 56,000 29,000 0.60 (M*) 15
Methyl tert-Butyl Ether (MTBE) 1634-04-4 1U 1U 1U 1U 1U 1U 40/240 (E) 7,100 (X) 4.70E+07 (S) 4.68E+07 ID 250 7,400
Methylene Chloride 75-09-2 5U 5U 5U 5U 5U 5U 5.0 (A) 1,500 (X) 2.20E+05 1.70E+07 ID 79 (FF*) 8,400
n-Propylbenzene 103-65-1 1U 1U 1U 1U 1U 1U 80 ID ID NA ID 43 (DD) 6,100 (DD)
Naphthalene 91-20-3 25 U 57 22 12 5U 5U 520 11 31,000 (S) 31,000 NA 4.2 (M*) 130
Styrene 100-42-5 1U 1U 1U 1U 1U 1U 100 (A) 80 (X) 1.70E+05 3.10E+05 1.40E+05 33 960
Tetrachloroethene (PCE) 127-18-4 1U 1U 1U 1U 1U 1U 5.0 (A) 60 (X) 25,000 2.00E+05 ID 1.5 (FF*) 130 (EE*)
Toluene 108-88-3 1U 1U 2.0 1U 1U 1U 790/1,000 (E) 270 5.30E+05 (S) 5.26E+05 61,000 300 (FF*) 41,000
trans-1,2-Dichloroethene 156-60-5 1U 1U 1U 1U 1U 1U 100 (A) 1,500 (X) 85,000 6.30E+06 2.30E+05 16 390
trans-1,4-Dichloro-2-butene 110-57-6 2U 2U 2U 2U 2U 2U -- -- -- -- -- -- --
Trichloroethene (TCE) 79-01-6 1U 1U 1U 1U 1U 1U 5.0 (A) 200 (X) 2,200 1.10E+06 ID 0.073 (M*,DD) 10 (DD)
Trichlorofluoromethane 75-69-4 1U 1U 1U 1U 1U 1U 2,600 NA 1.10E+06 (S) 1.10E+06 ID 22 190
Vinyl Acetate 108-05-4 5U 5U 5U 5U 5U 5U 640 NA 4.10E+06 2.00E+07 1.80E+06 690 21,000
Vinyl Chloride 75-01-4 1U 1U 1U 1U 1U 1U 2.0 (A) 13 (X) 1,100 2.76E+06 33,000 0.12 (M*,MM) 2.1 (MM)
Xylenes, meta- & para- 179601-23-1 2.4 2U 2U 2U 2U 2U -- -- -- -- -- -- --
Xylene, ortho- 95-47-6 1U 1U 1.0 1U 1U 1U -- -- -- -- -- -- --
Xylenes, Total 1330-20-7 2.4 J 3U 1.0 J 3U 3U 3U 280/10,000 (E) 49 1.90E+05 (S) 1.86E+05 70,000 75 (J) 2,000 (J)
Polynuclear Aromatic Compounds CAS Number
2-Methylnaphthalene 91-57-6 5U 5U 120 U 3.9 J 5U -- 260 19 25,000 (S) 24,600 ID 66 2,000
Acenaphthene 83-32-9 1U 0.074 J 24 U 0.37 J 1U -- 1,300 38 4,200 (S) 4,240 ID 3,900 (S) 3,900 (S)
Acenaphthylene 208-96-8 1U 1U 24 U 0.10 J 1U -- 52 ID 3,900 (S) 3,930 ID 65 65 (CC*)
Anthracene 120-12-7 1U 0.087 J 24 U 0.045 J 1U -- 43 (S) ID 43 (S) 43.4 ID 43 (S) 43 (S)
Benzo(a)anthracene 56-55-3 1U 0.36 J 24 U 0.14 J 1U -- 2.1 ID NLV 9.4 ID 9.4 (S,MM) 9.4 (S,MM)
Benzo(a)pyrene 50-32-8 1U 0.43 J 24 U 0.18 J 1U -- 5.0 (A) ID NLV 1.62 ID NA NA
Benzo(b)fluoranthene 205-99-2 1U 0.65 J 24 U 0.31 J 1U -- 1.5 (S,AA) ID ID 1.5 ID NA NA
Benzo(g,h,i)perylene 191-24-2 1U 0.31 J 24 U 0.13 J 1U -- 1.0 (M); 0.26 (S) ID NLV 0.26 ID NA NA
Benzo(k)fluoranthene 207-08-9 1U 0.28 J 24 U 1U 1U -- 1.0 (M); 0.80 (S) NA NLV 0.80 ID NA NA
Chrysene 218-01-9 1U 0.54 J 24 U 0.27 J 1U -- 1.6 (S) ID ID 1.6 ID NA NA
Dibenzo(a,h)anthracene 53-70-3 2U 2U 48 U 2U 2U -- 2.0 (M); 0.21 ID NLV 2.49 ID NA NA
Fluoranthene 206-44-0 1U 0.79 J 24 U 0.26 J 1U -- 210 (S) 1.6 210 (S) 206 ID NA NA
Fluorene 86-73-7 1U 1U 24 U 0.65 J 1U -- 880 12 2,000 (S) 1,980 ID 1,700 (S) 1,700 (S)
Indeno(1,2,3-cd)pyrene 193-39-5 2U 0.32 J 48 U 2U 2U -- 2.0 (M); 0.022 (S) ID NLV 0.022 ID NA NA
Naphthalene 91-20-3 1U 1U 24 U 2.5 1U -- 520 11 31,000 (S) 31,000 NA 4.2 (M*) 130
Phenanthrene 85-01-8 1U 0.21 J 24 U 0.76 J 1U -- 52 2.0 (M); 1.7 1,000 (S) 1,000 ID 9.5 290
Pyrene 129-00-0 1U 0.89 J 24 U 0.39 J 1U -- 140 (S) ID 140 (S) 135 ID 140 (S) 140 (S)
Metals, Total CAS Number
Arsenic 7440-38-2 1.0 J 8.2 J 28 J 8.6 J 6.1 -- 10 (A) 10 NLV NA ID NA NA
Barium (B) 7440-39-3 37 210 250 180 70 -- 2,000 (A) 674 (G) NLV NA ID NA NA
Cadmium (B) 7440-43-9 1U 2.4 J 10 U 2.5 J 1U -- 5.0 (A) 3.0 (G,X) NLV NA ID NA NA
Chromium, Total (B,H) 7440-47-3 2.7 J 47 J 93 22 J 2.2 J -- 100 (A) 11 NLV NA ID NA NA
Copper (B) 7440-50-8 1.6 J 71 140 60 1.3 J -- 1,000/1,400 (E) 13 (G) NLV NA ID NA NA
Lead (B) 7439-92-1 0.58 J 200 150 88 0.54 J -- 4.0 (L) 34 (G,X) NLV NA ID NA NA
Mercury (Total) (B) 7439-97-6 0.2 U 0.2 U 0.2 U 0.31 0.2 U -- 2.0 (A) 0.0013 56 (S) 56 ID 0.088 2.5
Selenium (B) 7782-49-2 5U 50 U 5.5 J 50 U 0.54 J -- 50 (A) 5.0 NLV NA ID NA NA
Silver (B) 7440-22-4 0.84 U 8.4 U 6.3 J 8.4 U 0.84 U -- 34 0.20 (M); 0.060 NLV NA ID NA NA
Zinc (B) 7440-66-6 3.9 J 96 J 280 660 12 J -- 2,400 167 (G) NLV NA ID NA NA
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Attachment D
Reimbursement Agreement
SECOND AMENDMENT TO DEVELOPMENT AND
REIMBURSEMENT AGREEMENT
ADELAIDE POINTE
This FIRST AMENDMENT TO DEVELOLPMENT AND REIMBURSEMENT AGREEMENT
(“Agreement”) is made __________, 2022 (“Effective Date”) between the City of Muskegon
Brownfield Redevelopment Authority (“Authority”), a Michigan public body corporate, with an
address of 933 Terrace Street, Muskegon, MI 49440 (“Authority”), 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.
Authority, 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.
The City owns certain property adjacent to, and to the east of, the APQ Property commonly known
as Hartshorn Marina which the City has previously used for public small boat slip rentals and related
activities. The APQ Property and the City Property may be collectively referred to as the “Property”.
APQ and the City have entered into a “Cooperative Use and Development Agreement” which
substantiates APQ’s and the City’s desire to a) utilize each other’s specified property for beneficial use b)
cooperate in the pursuit of funding for improvements to each other’s Property c) assist one another with
applications and approvals for improvements and d) make improvements as specified in the APQ PUD
approved by the City Commission on September 13, 2022.
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 the
Cooperative Use Agreement, addendums to this Agreement and the Planned Unit Development Agreement
(“PUD”) to be submitted to the City (“Development Agreements”).
Authority, City and APQ entered into a Development and Reimbursement Agreement effective
____, 202___, which was approved by the Authority on November 9, 2021 and by the City on November
23, 2021. Pursuant to that Agreement, APQ and City were to perform “eligible activities” and be
reimbursed, as defined and provided for in that Agreement.
The Parties agree as follows and that to the extent this Agreement and the
Development and Reimbursement Agreement vary, this Agreement shall control:
1. Background. The Parties agree the Background paragraphs are true and correct and are
incorporated into the body of this Agreement.
2. Improvements. 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.
1
3. Indemnity and Insurance. APQ holds the City harmless and will indemnify the City for
any liability, including attorney fees, resulting from the engineering, design and
construction of the Project. City and APQ will name the other on their respective general
liability insurance policies.
4. Changes, Standards and Dedication. All improvements must be made according to the
plans and specifications of the APQ PUD approved by the City. All construction of Public
Improvements must be completed to the standards established by the City of Muskegon
(“City Standard”). The City will accept a dedication of all or any portion of the Public
Improvements only if built to City Standards.
5. Addendum Presentation. APQ shall, from time to time, present addendums to the City
that detail discrete development projects that improve the Property according to the PUD.
To the extent the addendums addresses “eligible expenses” and expenses to be reimbursed
by the Authority, the addendums shall also be provided to the Authority for purposes of
Amending the Development and Reimbursement Agreement and the Brownfield Plan.
These addendum shall detail Authority, City and APQ obligations to one another and shall
include but not be limited to:
a. Architectural and/or Engineering drawings
b. Construction schedules
c. Construction budgets
d. Itemization of relevant Brownfield Reimbursements that will be paid to APQ by City
e. Proof of financing
6. Addendum Approvals. Upon receiving necessary Authority and City approvals of each
Addendum all parties shall be obligated to perform under the obligations detailed in the
addendum. Approvals by Authority and City shall not be unreasonably withheld if they
are compliant with improvements approved in APQ’s PUD.
7. Funding for Brownfield Reimbursements.
a. Brownfield Tax Increment Financing. APQ has submitted to the Authority 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 addition to the construction of roads, water mains and sewer
mains, 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 $28 million 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), if permitted by the state, 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 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, the Authority shall
reimburse 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, unless modified by later addendums or
amendments. The amount reimbursed to the 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 APQ for the cost of Eligible Activities incurred until
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the earlier of 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. Intentionally left blank.
xiii. Reimbursement Process.
1. APQ shall periodically submit to the Authority a “Request for Cost
Reimbursement” of Eligible Activities paid for by APQ during the
term of this Agreement. All costs for the Eligible Activities must be
consistent with the approved Brownfield Plan Amendment. 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 a Request for Cost Reimbursement
has been reviewed and approved by the City’s or Authority’s agent or
employee as required in Section 7.a and reviewed and approved by the
Authority or designate as to whether it is an “eligible expense”, the
Authority shall pay to APQ the amounts for which submissions have
been made pursuant to this Agreement. The Authority’s obligation to
pay APQ is limited to available Brownfield TIF Revenue from the
Property.
3. All requests for Cost reimbursement submitted by APQ for each
approved Addendum between City, APQ, and the City of Muskegon
Brownfield Redevelopment Authority 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
which they are received by the City of Muskegon Brownfield
Redevelopment Authority from the portion of the Brownfield TIF
revenue, 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.
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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 Environment,
Great Lakes and Energy (“MEGLE”).
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.
xiv. 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.
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.
xv. Adjustments.
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1. Until the cost of eligible activities is fully reimbursed, 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
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
APQ. If all amounts due APQ under this Agreement have been fully
paid or the Authority is no longer obligated to make any further
payments to APQ, the Authority shall invoice APQ for the amount of
such reimbursement 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 APQ pursuant to this Section shall be
reinstated as Eligible Activities for which APQ shall have the
opportunity to be reimbursed in accordance with the terms, conditions
and limitations of this Agreement.
xvi. 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.
8. 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 Law Jaffe, Raitt Heuer & Weiss, P.C.
601 Terrace Street 27777 Franklin Rd. Suite 2500
6
Muskegon, Michigan 49440 Southfield, Michigan 48034
Attn: City Attorney Attn: Kenneth J. Clarkson
9. 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.
10. Force Majeure. Notwithstanding anything herein to the contrary, if due to a Force
Majeure Event (defined below), APQ, Authority 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.
11. 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.
12. Miscellaneous. This Agreement may be amended or modified only by the written
agreement of APQ, Authority, 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, Authority,
and City shall survive the termination of this Agreement for a period of one year.
13. 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, Authority and City intend
to be bound by the signatures on the electronically imaged document, are aware that the
7
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.
14. Binding Effect. This Agreement shall be binding upon and enforceable by the parties and
their respective legal representatives, successors, and assigns.
15. Assignment or Delegation. No 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 parties, in which approval may be withheld in each other party’s sole discretion.
16. 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.
[Signature Page Follows]
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AUTHORITY:
CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY,
a Michigan public body
BY________________________
Name:
Title: Chair
Date: ____________________, 2023
BY: ________________________
Name:
Title: Secretary
Date: ____________________, 2023
CITY:
CITY OF MUSKEGON,
a municipal corporation
BY________________________
Name: Kenneth D. Johnson
Title: Mayor
Date: ____________________, 2023
BY: ________________________
Name: Ann Meisch
Title: Clerk
Date: ____________________, 2023
APQ:
ADELAIDE POINTE QOZB, LLC,
A Michigan limited liability company
By
Name: Ryan M. Leestma
Title: Owner
Date: ____________________,
3-2-23 2023
9
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 23, 2023 Title: 3rd Amendment, Brownfield Development &
Reimbursement Agreement, Adelaide Pointe
QOZB, LLC
Submitted By: Contessa Alexander Department: Economic Development
Brief Summary: Staff is seeking approval for the 3rd Amendment, Brownfield Development &
Reimbursement Agreement, for Adelaide Pointe QOZB, LLC (Adelaide Pointe Project) and to consider the
attached resolution.
Detailed Summary:
Adelaide Pointe QOZB, LLC has submitted a Brownfield Plan Amendment (3rd Amendment) for the Adelaide
Pointe Project – a 35-acre mixed use waterfront development project including winter boat storage, marina
space, In/Out forklift boat storage, commercial/retail, and up to 400 housing units. Plans for this site has
begun and will continue through Fall 2030 with a total investment of $92,000,000 (not including property
acquisition). 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.
Due to the addition of the eligible environmental and non-environmental activities related to the construction
of a Dry Rack storage building mentioned in the 3rd Amendment to the Brownfield Plan Amendment, the
Brownfield Tiff will change, thus needing an updated Brownfield Development and Reimbursement
Agreement. This will cause a shift in the Brownfield Tax Increment Funds. This agreement is contingent
upon the approval of the 3rd Amendment to the BPA for Adelaide Pointe.
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 $38 million dollars (the "Total
Eligible Brownfield TIF Costs").
The Development & Reimbursement Agreement outlines the procedures for the City to reimburse the
Developer for eligible expenses within the Brownfield Plan. The Authority shall pay 100% of the available
Brownfield TIF Revenue to the Developer to reimburse the costs of Developer Eligible Activities. The
Developer will provide the BRA a request for payment of eligible expenses. The BRA has 30 days to approve
the request. Payments are made on a semi-annual basis when incremental local taxes are captured and
available. This agreement is to be approved by the Brownfield Redevelopment Authority during a special
meeting held on May 23, 2023.
The 1st Amendment to the DRA for APQ was approved by the BRA and CC on Jan.10, 2023. The 2nd
Amendment to the DRA was approved by the BRA and CC on March 14, 2023.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Approval of the Brownfield Development & Reimbursement Agreement, for Adelaide
Pointe QOZB, LLC (Adelaide Pointe Project) and authorize 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
DEVELOPMENT AND REIMBURSEMENT AGREEMENT
Adelaide Pointe QOZB, LLC (1148-1204 West Western)
Adelaide Pointe Project, 3rd Amendment
County of Muskegon, Michigan
2023-May 23
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 23 day of May,
2023 at 5:30 p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by ______________ and
supported by ______________.
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 Development and Reimbursement Agreement; and
WHEREAS, the Authority has forwarded the Development and Reimbursement
Agreement (3rd Amendment) to the City Commission requesting its approval of the Development
and Reimbursement Agreement (3rd Amendment); and
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 Development and Reimbursement Agreement (3rd Amendment) 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:
ABSENT:
RESOLUTION DECLARED APPROVED.
_____________________________________
Kenneth D. Johnson, Mayor
_____________________________________
Ann Marie Meisch, City Clerk
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular
meeting held on May 23, 2023 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 that the minutes of said meetingwere kept and will
be or have been made available as required by said Act.
______________________________
Ann Marie Meisch, City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 23, 2023 Title: Insurance Premium
Refund – Non-union Team
Members
Submitted By: Jonathan Seyferth Department: City Manager
Brief Summary:
In January 2023 several of the City's unions notified management of a miscalculation in the
insurance premiums paid by staff. Upon investigation it was determined that there was an error in
contributions paid by union team members (contributions were negotiated at 10%). An
administrative decision was made to adjust union team members back to 10% contributions and
repay union team members for their over payment back to January 1, 2020.
At the April 11, 2023 meeting, the Commission also made the decision to adjust non-union team
members back to the 10% contributions. This item is to discuss repayment of non-union
employees for the amounts paid over 10% going back to January 1, 2020.
Detailed Summary & Background:
As a reminder, starting in 2017 the City began using three different factors to determine employee
contributions to their insurance premiums (a percent of actual monthly premiums and a percent of
City Paid Benefits (co-insurance & deductibles)). Prior to 2017 just insurance premiums were used
as a factor. This change was made because of cost increases in co-insurance and deductibles.
Sometime after 2017 a calculation error occurred and team member’s contributions increased
above the 10% level. Technically, this is ok for non-union team members as the Commission can
set the non-union insurance contributions at any rate it desires. However, traditionally, the
insurance contributions have been the same across all employment classes. On April 11, 2023 the
commission approved realigning non-union team members’ insurance with union members.
The question before the Commission today is, should the City refund non-union team members for
the “overpayments” of health insurance contributions for the same time period as we were required
to do for union team members? (Going back to Jan. 1, 2020.)
This cost will be about $90,400 in payments back to team members (ranging from about $3,000 to
$70 per team member).
Goal/Focus Area/Action Item Addressed:
Goal 3, Community connection – create an environment of mutual respect and trust between local
government and…workers.
Amount Requested: $91,000 Amount Budgeted: $0
Fund(s) or Account(s): Various Fund(s) or Account(s): Various
Recommended Motion: To approve repaying non-union staff for insurance premiums paid in
excess of 10% going back to Jan. 1, 2020.
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
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