View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON DOWNTOWN DEVELOPMENT AUTHORITY BROWNFIELD REDEVELOPMENT AUTHORITY REGULAR MEETING DATE OF MEETING: Tuesday, Dec. 13, 2022 TIME OF MEETING: 10:30 A.M. PLACE OF MEETING: City Hall Commission Chambers, 933 Terrace, Muskegon, MI AGENDA Roll Call Il. Introduction of Contessa Hood (Jake Eckholm) Ii. Approval of the meeting minutes of Oct. 11, 2022 IV. BRA business A. Brownfield Plan Amendment — 18' Amendment, Adelaide Pointe. (Pete Wills) B. Brownfield Development and Reimbursement Agreement, 1‘ Addendum. Adelaide Point. (Pete Wills) DDA business Lakeshore Art Festival introductions and update (Ann Meisch) OAM OOW> DDA financial statement 11-30-22 (City Finance) GLOW request for a DDA donation (Dave Alexander and GLOW) Facade grant award recommendation (Dave Alexander) Update on the BID and DDA’s future role (Dave Alexander-John Riegler) BRA-DDA meeting schedule for 2023 (Dave Alexander) Downtown Muskegon Annual meeting at The Block, Jan. 25 4:30 p.m. VI. Other business VIL. Adjourn AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with disabilities who want to attend the meeting, 24- hour notice to the City of Muskegon. Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing or calling the following: Ann Marie Cummings, City Clerk at 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TTY/TDD: Dial 7-1-1 and request that representative dial 231-724-6705 CITY OF MUSKEGON DOWNTOWN DEVELOPMENT AUTHORITY (DDA) / BROWNFIELD REDEVELOPMENT AUTHORITY (BRA) REGULAR MEETING MINUTES October 11, 2022 The meeting was held in the City Commission Chambers. Chairperson M. Bottomley called the meeting to order at 10:30 AM and roll was taken. MEMBERS PRESENT: M. Bottomley, M. Johnson Sr., L. Mikesell, B. Hastings, D. Pollock, J. Wallace Jr., and H. Sytsema. MEMBERS ABSENT: J. Riegler, J. Moore, S. Black, M. Kleaveland (excused) STAFF PRESENT: P. Wills, Director of Strategic Initiatives; D. Alexander, Downtown Manager, S. Pulos, Administrative Assistant for Development Services, M. Franzak, Director of Planning, S. Peterson, City Treasurer OTHERS PRESENT: APPROVAL OF MINUTES Motion by L. Mikesell, second by B. Hastings, to approve the regular meeting minutes for September 13, 2022. Voice vote, all approved. BROWNFIELD REDEVELOPMENT AUTHORITY BUSINESS A. Brownfield Plan Amendment, In-fill Housing. (Pete Wills) Outline of the request: City staff is seeking approval of the Brownfield Redevelopment Authority to amend the Brownfield Plan and update the number of eligible parcels to the City's Infill Housing Project (4th Amendment). Background: The 4th Amendment removes two mixed-use projects (395 Houston and 301 W. Muskegon - Catholic Charities), 880 First St-208 W Clay-216 W Clay (880 First St development), Allen Edwin Homes (former Farmers Market), as well as a modified parcel at the former Froebel School. Staff recommendation: City staff has prepared this Infill Housing Project (4th Amendment) Brownfield Plan Amendment and recommends approval. Motion: Motion by L. Mikesell, seconded by M. Johnson Sr., to approve the resolution for the Brownfield Plan Amendment for the city's Infill House Project (4th Amendment), to request a public hearing before the Muskegon City Commission, and to have the City Commission consider adoption of the Plan. Roll Call Vote: M. Bottomley: Yes D. Pollock: Yes B. Hastings: Yes M. Johnson Sr: Yes L. Mikesell: Yes H. Sytsema: Yes J. Wallace Jr.: Yes Allin favor, motion passes. DOWNTOWN DEVELOPMENT AUTHORITY BUSINESS Agenda Item A: DDA financial statement 9-30-22 (City Finance) Outline of request: Staff is asking the DDA board to review and accept the financial statement for Sept. 30, 2022. Background: This hopefully reflects the actions that were taken or directed from the September meeting. Staff recommendation: To accept the Sept. 30, 2022 financial statement. Motion: Motion by B. Hastings, seconded by L. Mikesell, to approve amended Sept. 30, 2022 financial statement. All in favor, motion passes. Agenda Item B: Final draft of anew DDA Facade Grant program (Dave Alexander) Outline of request: Staff is recommending final approval of a DDA fagade grant program for the current fiscal year through June 30, 2023 as funded in the budget by the DDA board in June. Background: the DDA board suggested a formal DDA facade grant program for this fiscal year and received an initial staff outline of a program at its September meeting. The item was tabled as staff incorporated the board discussion into a final program outline. The funding for the program was funded at $75,000 in the 2022-23 DDA budget but has since been reduced to $62,500 with the support of the investigation of the Watermark for purchase and redevelopment. Staff recommendation: Staff is recommending final approval of the draft 2022-23 DDA Facade Grant Program. Motion I: Made by H. Sytsema, seconded by L. Mikesell, move to approve the 2022-23 Muskegon DDA Facade Grant program (with amendments) and direct staff to launch the program. Roll Call Vote: M. Bottomley: Yes D. Pollock: Yes B. Hastings: Yes M. Johnson Sr: Yes L. Mikesell: Yes H. Sytsema: Yes J. Wallace Jr.: Yes All in favor, motion passes. Motion II: Made by J. Wallace Jr., seconded by L. Mikesell, move to appoint B. Hastings and M. Johnson Sr. to work with staff on a facade grant design/review committee. Roll Call Vote: M. Bottomley: Yes D. Pollock: Yes B. Hastings: Yes M. Johnson Sr: Yes L. Mikesell: Yes H. Sytsema: Yes J. Wallace Jr.: Yes All in favor, motion passes. Agenda Item C: Direction of 2023 events/financials (information-Dave Alexander) The group was provided information in the form of a handout on this item. No action was taken. Agenda Item D: Michigan Downtown Association annual conference in Muskegon Nov. 3-4 The group was provided information in the form of a handout on this item. No action was taken. PUBLIC PARTICIPATION None. OTHER BUSINESS None. AJOURNMENT 12:19 pm Agenda Item <a Muskegon Brownfield Development Authority Agenda Item for 12-13-22 Adelaide Pointe QOZB, LLC, 1148 and 1204 West Western Ave. Adelaide Pointe Project Brownfield Plan Amendment, 1°‘ Amendment Document can be found at: https://muskegon-mi.gov/cresources/Adelaide-Pointe_ FINAL Brownfield-Plan- Amendment 2022 12722.pdf Requesting party: Adelaide Pointe QOZB, LLC Outline of the request: Adelaide Pointe QOZB, LLC has submitted a Brownfield Plan Amendment(1t 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. The initial Brownfield Plan Amendment was approved by the BRA on Oct 12, 2021 and City Commission on Oct 26, 2021. This 1st Amendment 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. Background: The project seeks to transform the 35-acre site into a development that will expand public access to waterfront activities through the creation of a 280 slip marina, up to 400 new residential condominium units, dry stack marina and boat storage, and commercial/retail space. Plans for the site have begun and will continue through Fall 2030. Total private investment, not including property acquisition, is approximately $250 million. Redevelopment consists of five phases that are anticipated to be completed by 2030. Phases one through three are the focus of this amended BPA. Total private investment in Phases one through three, not including property acquisition, is approximately $125,000,000. Phase | — Revitalize existing buildings for boat storage Start Date — Spring/Summer 2021 Completion Date — Spring 2022 Phase II — Construction of marina, mixed-use building, boater services building* Start Date — Spring 2023 Completion Date — Fall/Winter 2024 Phase III — Construction of 55-unit residential condo building* Start Date — Spring 2023 Completion Date — Fall/Winter 2024 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. Staff comments: 1. In December 2020, the developer’s environmental consultant completed a Phase Il Environmental Site Assessment (ESA) as well as a Baseline Environmental Assessment. Utilized primarily as a lumberyard followed by foundry operations, these past industrial uses have resulted in known contamination onsite which therefore meets the definition of a “facility” under the state’s Brownfield Act PA 451. 2. This plan includes $12,404,400 in total EGLE and non-environmental local only eligible costs. The plan also includes $24,379,064 in total MSF eligible costs. The developer intends to seek MSF approval of state school tax capture. Consequently, this 1% Amendment 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. 3. The City of Muskegon’s total bond eligible costs are $8,101,388. These public infrastructure costs include public roadways, a reconfiguration of West Western Ave, as well as water main, sanitary sewer and storm sewer utilities. 4. The local only EGLE eligible costs are $3,250,000 and includes the following due care activities - $500,000 vapor intrusion mitigation, $1,500,000 soil capping, $250,000 dewatering, and $1,000,000 for removal and disposal of contaminated soil and dredge materials. Local only MSF eligible costs are $5,810,000 which include $500,000 demolition, $250,000 asbestos abatement, and $3,160,000 site preparation. 5. The cost of the eligible activities included in this Plan Amendment will be paid for by the Developer. The Developer will seek reimbursement for eligible activity costs through capture of available local and state (as applicable) tax increment revenues as permitted by Act 381. 6. 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. There is a 15 percent contingency in the plan. 7. Arequest for 5% interest is included for all accrued and unreimbursed eligible activities ona yearly basis. 8. There is an annual $10,000 administrative fee paid to the BRA. Staff recommendation: City staff has reviewed the Adelaide Pointe Project Brownfield Plan Amendment (15t Amendment) and recommends approval. Suggested motion: | move to approve/disapprove the resolution for the Brownfield Plan Amendment (15t Amendment) for the Adelaide Pointe Project and further request staff to set a public hearing before the Muskegon City Commission to consider adoption of the plan. City of Muskegon Brownfield Redevelopment Authority County of Muskegon, State of Michigan RESOLUTION APPROVING REVISED BROWNFIELD PLAN AMENDMENT Adelaide Pointe QOZB LLC (1148-1204 West Western) 1st 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 13th day of December 2022 at 10:30 a.m., prevailing Eastern Time. PRESENT: Members ABSENT: Members The following preamble and resolution were offered by Member and supported by Member 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 (18 Amendment) 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 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: NAYS: RESOLUTION DECLARED ADOPTED. Martha Bottomley, Chair City of Muskegon Brownfield Redevelopment Authority 2 | 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 December 13, 2022, 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. Martha Bottomley, Chair City of Muskegon Brownfield Redevelopment Authority Agenda Item IV.B - BRA Muskegon Brownfield Redevelopment Authority Agenda Item for 12-13-22 Adelaide Pointe QOZB, LLC, 1148 and 1204 West Western Ave. Adelaide Pointe Project Development and Reimbursement Agreement, 1** Amendment Requesting party: Adelaide Pointe QOZB, LLC Outline of the request: Adelaide Pointe QOZB (APQ), LLC has submitted a Development and Reimbursement Agreement (15t Amendment) for the approved Brownfield Plan for the Adelaide Pointe Project - a 35-acre mixed use waterfront development project located at 1148 and 1204 West Western Ave. Background: The project seeks to transform the 35-acre site into a development that will expand public access to waterfront activities through the creation of a 280 slip marina, up to 400 new residential condominium units, dry stack marina and boat storage, and commercial/retail space. Plans for the site have begun and will continue through Fall 2030. Total private investment, not including property acquisition, is approximately $250 million. Staff comments: 1. The Brownfield Plan Amendment was approved by the Authority on October 12, 2021 and the City Commission on October 26, 2021. 2. The original Development and Reimbursement Agreement was approved by the Authority on November 9, 2021. 3. APQand 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. 4, APQwill 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. 5. The Development & Reimbursement Agreement outlines the procedures for the Authority to reimburse the City and Developer for eligible expenses within the Brownfield Plan. 6. The property is within the DDA and it is anticipated that all taxes captured will go towards the Brownfield TIF during the life of the Plan. 7. APQ shall periodically, present addendums to the City that detail property improvements according to the PUD. To the extent the addendums addresses "eligible expenses" and expenses to be reimbursed by the Authority, the addendums shall 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: Architectural and/or Engineering drawings aon Construction schedules Construction budgets Itemization of relevant Brownfield Reimbursements that will be paid to APQ by City e. Proof of financing APQ has and will continue to conduct Eligible Activities 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 with the City. Actual expenditures by the Parties to undertake eligible environmental activities on the Property are estimated to be $35 million dollars not including interest. Eligible demolition and site preparation costs incurred by these same parties is estimated to exceed $13 million dollars. Total cost of Eligible Activities, including contingencies, is estimated to be $35 million. 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 Plan Amendment. 10. The Authority shall first pay 100% of the available Brownfield TIF Revenue to the City to reimburse the costs of City Eligible Activities — which includes the total cost of the bonds (principal, interest and transaction costs) incurred and to be incurred, for roads, water mains and sewer mains. 11. The Authority, following reimbursement to the City, shall pay 100% of the available Brownfield TIF Revenue to the Developer to reimburse the cost of Developer Eligible Activities. 12. The Authority shall capture Brownfield TIF Revenue and reimburse the City for the cost of the bonds (principal, interest and transaction costs) for roads, water mains and sewer mains and APQ for the cost of Eligible Activities incurred by the Parties until the earlier of the Parties being fully reimbursed or December 31, 2056 ("Term"). 13. Within forty-five (45) days after a Request for Cost Reimbursement has been reviewed and approved by the City and Authority, and after the Authority or City has been fully paid for roads, water mains and sewer mains, the Authority shall pay to APQ the amounts for which submissions have been made, less a 10% retainage until all of the water mains, sewer mains and road construction is completed and accepted by the City. The Authority's obligation to pay APQ is limited to available Brownfield TIF Revenue from the Property. 14. The Developer and City will provide the BRA a request for payment of eligible expenses. The BRA has 45 days to approve the request. Payments are made on a semi-annual basis when incremental local and school taxes are captured and available. Staff recommendation: Staff has reviewed the Development and Reimbursement Agreement, along with the city attorney, and recommends approval. Suggested motion: | move to approve/disapprove the Development and Reimbursement Agreement (15 Amendment) for the approved Brownfield Plan for Adelaide Pointe QOZB, LLC (Adelaide Pointe Project). FIRST 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. 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. 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. 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: Architectural and/or Engineering drawings onopf Construction schedules Construction budgets Itemization of relevant Brownfield Reimbursements that will be paid to APQ by City Proof of financing 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. Funding for Brownfield Reimbursements. a. Bonds for roads, water mains and sewer mains. The City or Authority, in the City’s and Authority’s sole discretion as to which is the borrower, upon approval of an Addendum shall sell municipal bonds in an amount equal to the total amount necessary to pay for roads, water mains, and sewer mains on the Property required by the addendum, supported by engineering and construction bids itemized in the addendum(s) to this Agreement. City or Authority shall be entitled to retain an engineer of its choosing to review all drawings and inspect all amenities that are expected to be eventually turned over to the City in order to insure that the amenities are constructed to city standards, to develop as-built drawings, and otherwise represent the City and Authority on the construction of the public amenities. The cost of the City’s or Authority’s retained engineer shall be paid for from the bond. At no point may the Authority’s and City’s total borrowing, whether still outstanding or not, exceed an aggregate amount of $10,500,000, including the cost of Civil Engineering expenses paid by APQ up until the date of this agreement and the City’s or Authority’s engineer. The bond proceeds shall be available to reimburse APQ the costs related to the costs for roads, water mains and sewer mains approved in the itemization of Brownfield Reimbursements detailed in each addendum. APQ may apply to the Authority for draw of such bond proceeds. If the draw request includes the proper documentation, the Authority will pay the draw within 15 days of receipt of the request, subject to and in accordance with the following requirements and conditions. 2 i. All draw requests shall be in writing together with all supporting documentation, including receipts, and not be made more frequent than 30 day intervals. ii. Each draw request shall include the most recent Sworn Statement and corresponding lien waiver from every contractor, sub-contractor, and supplier who will be paid from that draw. 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. 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”). li. 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 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. 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. vil. 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”). vill. In accordance with Act 381, the parties desire to establish a procedure for using the available Brownfield TIF Revenue generated from the Property to reimburse the City and APQ for completion of Eligible Activities on the Property in amounts not to exceed the Total Eligible Brownfield TIF Costs. ix. During the Term (defined below) of this Agreement, the Authority shall reimburse the City first for the total cost of the bonds (principal, interest and transaction costs) incurred and to be incurred for roads, water mains and sewer mains and after the City has been paid the amount the City has committed to pay APQ for the roads, water mains and sewer mains, then to 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 the City for the cost of the bonds (principal, interest and transaction costs) for roads, water mains and sewer mains and APQ for the cost of Eligible Activities incurred by the Parties until the earlier of the Parties being fully reimbursed or December 31, 2056 (“Term”). If the Term ends before the full reimbursement of all Total Eligible Brownfield TIF Costs, the last reimbursement payment by the Authority shall be the summer and winter tax increment collected during the final year of this Agreement. Reimbursement payments shall be made on a semi-annual basis as incremental local and school taxes are captured and available. XL. 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. 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. Within forty-five (45) days after a Request for Cost Reimbursement has been reviewed and approved by the City’s or Authority’s engineer as required in Section 7.a and reviewed and approved by the Authority or designate as to whether it is an “eligible expense”, and after the Authority or City has been fully paid for roads, water mains and sewer mains, the Authority shall pay to APQ the amounts for which submissions have been made pursuant to this Agreement, less a 10% retainage until all of the water mains, sewer mains and road construction is completed and accepted by the City. The Authority’s obligation to pay APQ is limited to available Brownfield TIF Revenue from the Property. 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, excluding the portion to be paid to City which shall be paid first, as described above. 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. 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 (.e., 5 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”). 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. 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. If, due to an appeal of any tax assessment or reassessment of any portion of the Property, or for any other reason the Authority is required to reimburse any Brownfield TIF Revenue previously paid to the City, APQ or any future owner to any tax levying unit of government, the Authority may deduct the amount of any such reimbursement, including interest and penalties, from any amounts due and owing the City and APQ. If all amounts due the City and APQ under this Agreement have been fully paid or the Authority is no longer obligated to make any further payments to the City or APQ, the Authority shall invoice the City and APQ for the amount of such reimbursement and the City and APQ shall pay the Authority such invoiced amount within 45 days of receipt of the invoice. Amounts invoiced and paid to the Authority by the City or APQ pursuant to this Section shall be reinstated as Eligible Activities for which the City and APQ shall have the opportunity to be reimbursed in accordance with the terms, conditions and limitations of this Agreement. 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. 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 Muskegon, Michigan 49440 Southfield, Michigan 48034 Attn: City Attorney Attn: Kenneth J. Clarkson 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 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, 7 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 and City. Each exhibit attached to this Agreement is incorporated and made a part of this Agreement as though more fully set forth in this Agreement. If the deadline for performing any act would otherwise fall on a weekend day or a holiday, such deadline shall automatically be extended to the next succeeding business day. This Agreement shall be interpreted under and governed by the laws of the State of Michigan. All representations and warranties made in this Agreement by APQ and City shall survive the termination of this Agreement for a period of one year. 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 and City intend to be bound by the signatures on the electronically imaged document, are aware that the other party will rely on such signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature. 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. Neither party shall assign or delegate all or any portion of its rights or obligations contained in this Agreement without the express or prior written approval of the other party, in which approval may be withheld in the other party's sole discretion. 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] AUTHORITY: CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY, a Michigan public body BY Name: Title: Chair Date: , 2022 BY: Name: Title: Secretary Date: , 2022 CITY: CITY OF MUSKEGON, a municipal corporation BY Name: Kenneth D. Johnson Title: Mayor Date: , 2022 BY: Name: Ann Meisch Title: Clerk Date: , 2022 APQ: ADELAIDE POINTE QOZB, LLC, A Michigan limited liability company By Name: Ryan M. Leestma Title: Owner Date: , 2022 10 City of Muskegon Brownfield Redevelopment Authority County of Muskegon, State of Michigan RESOLUTION APPROVING BROWNFIELD DEVELOPMENT AND REIMBURSEMENT AGREEMENT 1st Amendment Adelaide Pointe QOZB, LLC Adelaide Pointe Project Minutes of a meeting of the Board of the City of Muskegon Brownfield Redevelopment Authority (“Authority”), County of Muskegon, State of Michigan, held in the City Hall on the 13" of December, 2022 at 10:30 a.m., prevailing Eastern Time. PRESENT: Members ABSENT: Members The following preamble and resolution were offered by Member and supported by Member WHEREAS, the Authority approved a Brownfield Plan Amendment to include the Adelaide Pointe Project (“Project”) during its meeting on October 12, 2021; WHEREAS, the Adelaide Pointe Project Brownfield Plan Amendment includes tax increment financing to pay for certain eligible activities related to the Project; WHEREAS, the Authority approved the original Development and Reimbursement Agreement during its meeting on November 9, 2021; WHEREAS, a Development and Reimbursement Agreement (1st Amendment) between the City and Adelaide Pointe QOZB, LLC has been negotiated to provide for reimbursement of the costs of eligible activities identified in the Brownfield Plan Amendment. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Development and Reimbursement Agreement (1% Amendment) between the City and Adelaide Pointe QOZB, LLC for the Adelaide Pointe Project Brownfield Plan Amendment is necessary to facilitate the implementation of the Brownfield Plan. 2. The Authority hereby approves the Development and Reimbursement Agreement (1st Amendment) for the Adelaide Pointe Project Brownfield Plan, and recommends the approval of the Agreement by the Muskegon City Commission. 3. 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: NAYS: RESOLUTION DECLARED ADOPTED. Secretary | 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 meeting held on November 9", 2021, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. Secretary Dave Alexander From: Ann Meisch Sent: Wednesday, November 2, 2022 1:13 PM To: CommissionAll; _Dept Division Heads Subject: FW: NEWS RELEASE: New Festival Directors and Call for Artists l’m excited to announce our co-chairs Pam and Bre! Both have served the art festival for several years, are passionate about the event, and will do a fantastic job. They do plan to continue with Michigan Makers in March as well. Thanks! Ann Marie Meisch, MMC City Clerk 231-724-6705 From: Lakeshore Art Festival <info@lakeshoreartfestival.org> Sent: Wednesday, November 2, 2022 9:40 AM To: Ann Meisch <ann.meisch@shorelinecity.com> Subject: NEWS RELEASE: New Festival Directors and Call for Artists LAKESHORE EE ART FESTIVAL Contact: Bre McCarthy Co-Director and Marketing Coordinator phone: 231.286.4807 director@lakeshoreartfestival.org NEWS RELEASE For Immediate Release November 2, 2022 New Festival Directors and Call for Artists Muskegon, MI - New Directors The Lakeshore Art Festival (LAF) is excited to announce a change in event leadership. Bre McCarthy and Pam Ackley will take over as Co-Directors of the nationally recognized event, which takes place the last weekend in June. Bre holds a degree in Art & Design from the University of Michigan and has served on the LAF committee since 2017. Pam is a recent retiree of Mona Shores School District, and has been the Craft Market Coordinator since 2018. Fine Art section Coordinator, Paula Ray, will return and has been with the show since 1993. Bre McCarthy commented, “We havea very solid team, and are thrilled to continue building the legacy of the Lakeshore Art Festival. LAF began as “Art in the Park” in 1961, which means over 6 decades of fostering art in the Muskegon Lakeshore area! We will continue the mission of LAF, which is not only to bring visitors from across the country, but also to contribute to our local community.” Call for Artists Applications to be a fine art or craft exhibitor are now open! Lakeshore Art Festival is a juried show; professional artists and fine art/craft coordinators serve on the jury and review each exhibitor application before they are accepted into the show. No buy/sell items are allowed. The event will take place in Downtown Muskegon, Michigan on Saturday, June 24 and Sunday, June 25, 2023. Applications are online only and can be accessed via Zapplications or lakeshoreartfestival.org. Local and national artists are encouraged to apply. Exhibitor amenities include: $3,000+ in awards, extensive marketing and publicity, vehicle access near booth site for easy set up and teardown, private security overnight Friday and Saturday, exhibitor hospitality including morning coffee, juice, water and baked goods, friendly LAF Team booth sitters for exhibitor breaks, and more. Become an Event Partner Wondering how your organization can play a critical role in support of the Lakeshore Art Festival? LAF brings thousands of people to Downtown Muskegon over the weekend and partner support is vital. Enhance your business exposure, brand awareness, local recognition, and media coverage, while making a statement that you're invested in the Muskegon Lakeshore community. Visit the Sponsorship Guide or contact Ann Meisch at ann.meisch@shorelinecity.com. More about the Lakeshore Art Festival: Saturday, June 24, 2023 & Sunday, June 25, 2023. The annual art festival brings thousands of guests, hundreds of fine art and craft exhibitors, a multitude of food vendors, children’s activities, live entertainment, and interactive art to Downtown Muskegon, Michigan. The festival ranks as one of the Top 200 in the Country by Sunshine Artist Magazine (multiple years running), has been recognized as People’s Choice Award: #1 Art Festival in West Michigan and as one of the Best Art Fairs in America by ArtFairCalendar.com. Since 2013, Lakeshore Art Festival has brought in over $9.3 million dollars to the Muskegon lakeshore area and supported a number of local non-profits. If you're interested in getting involved as a volunteer or local business partner, please contact Bre McCarthy at director @lakeshoreartfestival.org or visit lakeshoreartfestival.org. HEF CLICK HERE TO DOWNLOAD NEWS RELEASE CLICK HERE TO DOWNLOAD OUR MEDIA KIT (LOGOS & PHOTOS) CLICK HERE TO VISIT OUR WEBSITE GALLERY FOR MORE PHOTOS AND VIDEOS Muskegon Downtown Development Authority Agenda item B for 12-13-22 Acceptance of financial statement Nov. 30, 2022 Requesting party: City Economic Development Outline of request: Staff is asking the DDA board to review and accept the financial statement for Nov. 30, 2022. In doing so, the board will need to approve an amended FY 2022-23 budget. Background: Good news. The DDA’s tax increment revenues have been projected $80,000 higher than when you approved the fiscal year 2022-23 budget in June. The increase comes from rising taxable values of properties within the DDA. The Treasurer’s Office estimate of the DDA tax increment revenues — which will be posted to the DDA account in an April timeframe — is now $401,039. Staff comments: The increased revenues bring a project fund balance at the end of the fiscal year June 30, 2023 to $159,183. The DDA has set aside $100,000 of that to help with the transition of downtown services in 2024 and beyond if the BID is not renewed. Obviously, the DDA now has the ability to further address its goals and objectives with the additional revenue. Staff would suggest members come to the February meeting with ideas and suggestions. Staff will also provide options and recommendations. Finally, staff will update the DDA budget for next month, removing the business development manager's salary and benefits and replacing it with new economic development analyst’s salary and benefits. Staff recommendation: To amend the FY 2022-23 budget and accept the Nov. 30, 2022 financial statement. Suggested motion I: | move to amend the FY 2022-23 budget as presented. Suggested motion II: | move to accept the Nov. 30, 2022 financial statement. DDA FINANCIAL FOR 11/30/2022 FY2022-23 BUDGET FY TOTALS Revenues FY 2021-22 BUDGET| FY2021-22 ACTUAL (updated) NOVEMBER 30, 2022 Tax Increment S 310,287.00 | $ 321,446.00 | $ 401,039.00 | $ =| Reimbursement - State S - S - Event Revenue* S - S - Trans From Capital Projects Fund S - S - Interest Income $ - S 543.74] S$ - $ 286.84 Fundraising Revenue BID Income (or $50,000 levy)** S 17,000.00 | $ 17,000.00 | $ 17,000.00 | $ - Sponsorship $ - $ - |$ 2 Former Mall Brownfield Income (GF) iS - S - S - Total $s 327,287.00 | $ 338,989.74 | $ 418,039.00 | $ 286.84 Expenses FY 2021-22 FY2021-22 ACTUAL FY 2022-23 FY 2022-23 Business Dev. Manager Wages S - S 78,601.09 iS 29,076.31 Trans to GF - Marketing, Events, Overhead S - S - FICA (7.65%) $ - |S 5,862.50 | $ - 1s 2,496.56 Workers Comp (2%) S - S 401.46] S$ - S 192.19 Insurance S - S 4,213.07 | $ - S$ 1,827.45 Residency Bonus (4%) S - S - S - Life Insurance (0.24%) $ : $ 321.11 | $ - $ 135.77 401(k) (6%) $ $ 7,001.64 | $ - $ 2,991.42 Total Salaries/Benefits $s 95,500.00 | $ 96,400.87 | $ 98,365.00 | $ 36,719.70 Walkability Improvements S - S - Streetscape/Wayfinding / Walkability S 15,000.00 | $ 10,625.00 | $ 15,000.00 Public Art (Downtown Initiative) S - S - Landscaping $ - |s$ - |$ - |$ : Snow Removal S - Facade Program $ - S 62,500.00 | $ - Downtown Park(s)**** S 9,000.00 | $ 6,922.11 | $ 9,000.00 | $ 1,929.45 Marketing/Promotions S 32,000.00 | $ 23,136.50 | $ 25,000.00 | $ 17,798.93 Blight Ss 5 Office Space and Misc Operating S 9,000.00 | $ 13,019.21 | $ 9,000.00 | $ - Total Recurring Costs S 65,000.00 | $ 53,702.82 | $ 120,500.00 | $ 19,728.38 Watermark Assistance S 25,000.00 | $ 25,000.00 Social Bowl S 34,750.00 | $ 34,750.00 Morris Street Lot $ - $ - |$ - Taste of Muskegon $ - iS - Lakeshore Art Festival S - Projects and Events $ - $ - $ 59,750.00 | $ 59,750.00 County Debt Payments ($1M) S - S - S - Mercy Health Arena HVAC/Roof******* iS 130,000.00 | $ 130,000.00 | $ 130,000.00 | $ - Other Debt Payments (smartzone) S - S - S - Total Debt Payments $ 130,000.00 | $ 130,000.00 | $ 130,000.00 | $ - Total Expenses $ 290,500.00 | $ 280,103.69 | $ 408,615.00 | $ 116,198.08 {Net Rev/Expenses | $ 36,787.00 | $ 58,886.05 | $ 9,424.00 | $ (115,911.24)| {Fund Balance at Beginning of Year | | $s 90,466.45 | $ 149,352.50 |Fund Balance at End of Year | [$ 149,352.50 | |$ 33,441.26 | O:\Planning\COMMON\DDA - BRA\DDA- BRA 2022 -- current year\12132022 DDA-BRA Meeting\DDA financials 11-30-22 Muskegon Downtown Development Authority Agenda item C for 12-13-22 request from GLOW for 2022 contribution Requesting party: City Economic Development Outline of request: GLOW — the non-profit that for the past two holiday seasons has lit up Downtown Muskegon like never before — has a deficit and issues with vandalism that has it requesting financial support from the DDA. Background: Please see Terry Puffer’s email with GLOW’s request for a $5,000 contribution. Mr. Puffer plans to be at your meeting. The DDA has paid about $19,000 for downtown pole wraps -- $4,000 over budget -- that will be removed, stored and reinstalled next year. Staff comments: The DDA has a fund balance and is able to make a contribution if that is the decision of the DDA. Relying on a non-profit to raise funds for downtown holiday decorations is not a sustainable way to create the downtown atmosphere that is desired. Staff recommendation: None. This is a DDA decision. Suggested motion: | move to donate $ to GLOW to help finance the 2022 downtown holiday lights. Dave Alexander From: ; lakesidepropertiesgroup@gmail.com Sent: Wednesday, December 7, 2022 7:22 PM To: Dave Alexander; ‘Jessie Wilde’ Ce: Contessa Hood Subject: RE: GLOW request of DDA for contribution Dave- Thank you for the opportunity to get in front of the DDA and see how we can partner on this event for 2022. Here are the answers to your questions as well a few additional items | felt necessary to mention. 2021 GLOW financial situation- Last year we collected roughly $40K and spent 100% of that directly on the lighting system for Downtown. | personally supported this event with $5,000 of my own funds and of course the effort we put in. We utilized Lakeshore Aquascape and recognized not only were they expensive but also careless with our lights. Combined with theft and damage from the community paired with Lakeshore Aquascape we lost 174 strands of lights last year. This equates to about a loss of $2,500 in just materials. We were not able to save any funds for our real purpose which is to feed and cloth the less fortunate in Muskegon. 2022 GLOW financial situation- This year we linked up with a new company, Preferred Lawn and Snow plowing for our lights. Our quote from them is roughly $29,000 and grows with each weekend. This amount allowed us to recoup the losses from last year and pay them to hang, remove, and store the lights till next year. We have secured (promised not collected and this includes a verbal $2,500 from the DDA) $32,300 so far this year and we essentially are hoping to see if we are able to get flush this year. Our liabilities include $4,743.50 being spent on cookies/cocoa, carolers, signage, marketing efforts, pictures, Mr and Mrs Claus, and damage and theft to this point. We have had a major issue with theft and damage this year already which really affects our budget as this amount is well exceeding my expectations. It seems each weekend we are losing more and more lights and stacking up our labor bill. Just with these numbers we are upside down by $1,443.50. This number grows with each weekend that passes. Our company does not pay anyone on our staff and are fully supported by volunteers, however we pay for everything from attorney fees, bookkeeping, and insurance with funds raised to keep us even throughout the year. Damages- We are seeing each weekend a loss of roughly $1,000. We are seeing full tree lights stripped and ripped down or being cut with razors. Just this weekend we had someone climb a tree 15’ in the air to steal 2 of our $200 lighted balls off a tree and remove all the lights in front of the Sidock and Chamber Buildings. My estimate is we will lose another $4,000 due to these thieves and vandalism. Overall if the damages and theft continue at this rate the deficit of -§1,443.50 we currently have will grow to -$6,443.50 by Jan 5" when we plan on removing the lights. My hope is the cold weather that is coming might deter further issues but my hopes are not high for that. | am also trying to come up with alternate solutions to increase sponsorships as well as decrease our bill with Preferred the best | can. We are a true non-profit and operate each event as a break even and this actually will hurt us pretty bad to fall behind another $6,500 prior to the next event. If we do end up with an excess of funds (which is the real goal for our non-profit) we end up giving it back to the community in the form of food and clothing. Already this year we have supported 7 families for Thanksgiving, gave the Muskegon Rescue Mission all the extra Cocoa and Cookies from our Mr and Mrs Claus event and we intend on doing more as we continue to throw these local family friendly events. We are asking the DDA for $5,000 to help us get closer to not taking a catastrophic loss that would set us back from our next event. Our numbers above are counting on a minimum of $2,500 from the DDA. If the DDA doesn’t support the event this year we would then add another $2,500 to our deficit putting us at roughly a -$9,000 overall loss. @) Please let me know if you have any questions and I’d be happy to answer them. Thank you!! Terry Puffer Professional Realtor 231.855.5001 635 W Summit Ave Norton Shores, Mi 49441 lakesidepropertiesgroup@gmail.com Terry Puffer Real Estate five starTM REAL ESTATE LEADERS Muskegon Downtown Development Authority Agenda item D for 12-13-22 Approval of a DDA facade grant — Carlisle’s Requesting party: City Economic Development Outline of request: After staff and DDA committee recommended approval, staff is aksing for approval of a facade grant for $15,000 for Carlisle’s, 470 W. Western in the southwest corner of the city’s Trinity Arena. Background: The facade program has requests more than $10,000 to be reviewed by staff, DDA committee (which is Brad Hastings currently) and approved by the DDA board. Your first completed application is from Carlisle’s for a patio enclosure and an entrance walkway and awning. Combined, both improvements are more than $30,000, meeting the one-to-one match. The quotes are included in your agenda packet. Staff comments: The DDA has received strong interest in the facade grant program. Beyond Carlisle’s, you have received initial applications from Mike’s Inn, Morat’s Bakery and No Name Saloon. In each case, we await back up documentation. At least a half dozen other businesses or property owners have expressed interest in the program which currently has $62,500 available first come, first serve through June 30, 2023. Staff recommendation: Development Services Division and Brad Hasting are recommending approval of the Carlisle’s fagade grant at $15,000. Suggested motion: | move to approve a $15,000 facade grant for Carlisle’s and direct staff to execute the grant award. City of Muskegon - Downtown Development Authority 2022-23 Building Fagade Improvement Grant Program Application Applicant Name Business Address Jennifer Keaney - Carlisle's 470 w. Western Ave, Muskegon 49440 Email Phone jennifer@dockersmuskegon.com 231.288.6300 Project Address Parcel Number 470 W. Western Ave, Musekgon 49440 Requested Amount Total Facade Project Cost $15,000 Statement of Intent/Need for Funding: We are looking to improve the outside facade of Carlisles. Our intention is to create a more welcoming feel as it is pretty plain at the moment. As you know this has been a 3 year drawn out project due to covid. Project costs were over double by the time we actually were able to start the build. Delays in coolers and kitchen equiptment added to the aditional delays to caputre the summer sales we were heavily relying on. Being a new restaurant in the downtown area we want to be abe to create an amazing experience for our locals and guests. This grant will help greatly enhance the look of Carlisles and the Arena alike Description of Project-Attach: Photos, Project Plans & 2 Competitive Bids: Attached to this email are the following photos and bids for each item line. 1) create an arched walkway entrance awning to define our front door - approx $13,000 2) create a door window awning that will hand off the front facade with our restaurant logo - approx $7000 3) create a covered patio and enclosure off of our bar area to increase seating during the winter months. This will be a similar look to the outdoor patio of the brunch house - approx $80,000 4) hana a 42" diam round back lit flaa sian - Anorox $6500 Project Timeline/Estimated Completion Date: We have an immediate need start | tem #1 the arched walkway enterance to the front door as we have found there is some confusion on where guests should enter. Estimated time frame from Muskegon Awning is S5wks item #3 the covered patio and enclosure off the bar area to caputre more sales in the winter months. We have the quotes and we are ready to get this going asap. Time frame from Platinum is 1 month for roof/ overhang and then muskegon awning is an additional 5 weeks for side enclosure. By signing the grant application, if awarded, applicant commits to future property maintenance and certifies the ability to fund the project to completion before grant funds reimbursements are made. Applicant Signature: +) \4 \ U Please email application to: economicdevelopment@shorelinecity.com For more information: Contact DDA Manager Dave Alexander Dave.alexander@shorelinecity.com 231-215-8827 ‘iat y saegj oa 1 iy ipotnl ee ne Ne SOMEpc (Bulobksed=1O4\aF. (\ BEECHAM PROPOSAL 1 OUTDOOR LIVING October 14, 2022 Greetings Bret: Beecham Outdoor Living, StruXure Outdoor Representative of Michigan, is excited to present you with the enclosed budgetary proposal. StruXure is the leading innovator and manufacturer of luxury louvered pergola systems. StruXure’s pre- engineered elements are designed to accomplish your specific project specifications, both aesthetically and functionally. Custom is StruXure’s standard. Compared to traditional construction alternatives, nothing comes close to the flexibility, functionality, and quality of a StruXure. Installation is much more efficient and takes less time than traditional construction. From the choice of lightweight materials and lean production methods to the efficiency of its drive system and designs, StruXure and Beecham Outdoor Living are committed to operating as more sustainable businesses and reducing our overall environmental impact. Our project team is committed to building strong client relationships by providing superb customer service and reliability whenever we are needed. We strive to design and install a pergola system that meets your design specifications and exceeds your expectations. Thank you for this opportunity and we look forward to a successful collaboration. Sincerely, Joy Anderson | Sales & Marketing Director | 231-670-1554 PROJECT TEAM MEMBERS JOY ANDERSON RYAN ABRAHAM Sales & Marketing Director Project Manager 231-670-1554 616-638-9415 joy@beechamol.com ryan@beechambuildersllc.com Beecham Outdoor Living — 5 S. Beechtree St., Grand Haven, MI 49417 Page 1 of 4 (\ BEECHAM PROPOSAL 1 OUTDOOR LIVING PROJECT SCOPE OF WORK & PRICING Client: Platinum Contracting Group 3265 Walker Ave NW Grand Rapids, MI 49503 Project: StruXure Pergola X — Flatpan XL Location: Carlisle’s 470 W. Western Ave. Muskegon, MI 49525 Per the preliminary plan provided, Beecham Outdoor Living will deliver and install the StruXure Louvered Pergola System with certified installers. The total amount for this project including material, project management services, delivery and installation is estimated as follows: 16’6” x 30’6” STRUXURE PERGOLA X — FLAT PAN XL $46,500.00 © 2x10 Beams, Gutter System, & Hardware e Frame Color: Black Louver Color: Black e Downspouts e Engineering & Permitting Allowance - $1500.00 OPTIONAL LIGHTING PACKAGE $4,510.00 e 6 -Accessory Beams e 12—Recessed LED Can Lights EXCLUSIONS e Electrical allowance for system controller, power to screens & power to lights is not included. Any electrical needs can be quoted by a 3 party electrician or provided by owner (system controller requires a 110v outlet, 6.8amps). e Footings — by other e HVAC (if applicable) © Non-StruXure accessories unless stated above (wet-rated fans, heaters, lighting, screens, etc.) e Any removal of existing items (i.e. awnings, canopies) and/or disposing of or storing existing items TOTAL PROJECT COST: $51,010.00 Beecham Outdoor Living — 5 S. Beechtree St., Grand Haven, MI 49417 Page 2 of 4 A BEECHAM x PROPOSAL 1 — OUTDOOR LIVING TERMS & CONDITIONS LEAD TIMES Upon signed Construction Agreement and deposit received lead times are approximated as follows: e Shop Drawing Production: 2-3+ days e Shop Drawing Approval: 1-2+ days e Stamped Engineering: 4+ weeks e Production (once contractor places product order): 8-10 weeks e Shipping (dependent on location of job site): 3-7 days e Installation (dependent on project size): 2 days to 2+ weeks *Installation is scheduled by date of deposit received, per first come, first served basis ENGINEERING If engineering is required, the approved shop drawings will be sent to StruXure’s independent engineering firm. Client is responsible for engineering fees and any additional costs that may occur if modifications to the system’s design are required by engineering. WARRANTY General installation and workmanship by Beecham Outdoor Living is warranted for one year from the date of final invoice. The StruXure pergola system is warranted by StruXure Outdoors’s limited lifetime warranty that can be viewed at https://struxure.com/warranties. CONTRACTS & DEPOSITS Upon acceptance of proposal, a contract will be created with project terms and conditions. A signed contract and 40% deposit is due to initiate shop drawings & order materials. PAYMENT TERMS Unless otherwise agreed upon, Beecham Outdoor Living’s Payment Policy is as follows: e Payment 1: 40% deposit & signed contract are due to initiate shop drawings & order materials. e Payment 2: 40% due to ship materials. e Payment 3: Remaining balance due upon project completion. TERMINATION Due to the custom nature of the StruXure solution, contract may not be terminated once materials order is placed, and no cancellation of material order will be accepted. ALLOWANCES Wherever an allowance has been stated in the contract, if, at the completion of the project there has been more spent than stated in the allowance, the Client shall pay for the difference. If there has been less spent than was stated in the allowance, the Client shall receive a credit for the difference. CHANGE ORDERS Any changes in materials or specifications requiring a change in the cost of the project is to be agreed upon in writing before such changes are made and such agreement is thereby to become a part of the contract. All change orders shall carry an automatic charge of $35.00 each. Beecham Outdoor Living — 5 S. Beechtree St., Grand Haven, MI 49417 Page 3 of 4 (Q BEECHAM PROPOSAL 1 “> OUTDOOR LIVING LABOR StruXure system must be installed by trained StruXure installers, or the StruXure warranty will be void. The Client agrees that the direction and supervision of the working forces, including trade contractors, rests exclusively with Beecham Outdoor Living, and the Client agrees not to issue any instructions to or otherwise interfere with working forces. The Client further agrees not to engage other builders or trade contractors except with the Contractor’s consent. SITE CONDITIONS The worksite is to completely clear of all loose and unattached items by the client prior to the start of construction. WARNING OF CONSTRUCTION SITE DANGERS The Client acknowledges that Beecham Outdoor Living advises that no persons be allowed on the site during construction except the Client and working forces. The Client hereby indemnifies Beecham Outdoor Living from any and all costs, liability or expense arising from any visit to the job site by family, friends or others invited by the Client. ENTIRE AGREEMENT No representation or warranties, expressed or implied, are made by either party hereto except those specifically provided herein. All prior negotiations, statements, representations, warranties, agreements, if any pertaining to any or all details of this transaction are hereby superseded and terminated by this agreement, and approved plan, which constitutes the entire agreement of the parties. In case of a discrepancy between the plans and specifications, the specifications take precedence over the plans. Beecham Outdoor Living — 5 S. Beechtree St., Grand Haven, MI 49417 Page 4 of 4 MUSKEGON# Quote Proposal PROP004796 AWNING & FABRICATION Date 10/26/2022 Commercial + Residential - Industrial - Marine Bill To: : Ship To Carlisle's 470 W. West Western Carlisle's Muskegon, MI 49440 470 W. West Western Muskegon, MI 49440 Phone 1 Phone 2 Fax 231-288-6300 (Jen) Purchase Order No. |Customer ID Sales ID CMC Prices Good For 30 Days from Date of Quote Qty Description Cost Total 1 |OPTION ONE: Based off "Attach to Masonry" Plan 18,396.00 18,396.00T Fabricate One (1) Custom Commercial Enclosure Approx. Dim: 9' Height x 45' Width (Front) Approx. Dim: 9' Height x 14' Width (Sides) Covering: .030 Clear Vinyl (Fire Rated) Frame: 1x1 and 1x2 Aluminum - Mill Finish Fabrication: - Enclosed on three (3) sides of existing roof system - Attached under roof - Panels fabricated to be removable - Includes two exit/entry doors 1 | INSTALLATION - Labor 3,600.00 3,600.00 1 | Please Note: 0.00 0.00T - Lead time is 4-6 weeks upon receiving half down deposit and signed proposal - All measurements to be verified on site after roof system is installed - If needed, exit signs for doors to be supplied by others - If needed, permits to be supplied by others Please sign and return to the address below. A 50% deposit is due upon order and the balance is due upon completion. Subtotal azL E00 Customer Signature Sales Tax (6.0%) $1,103.76 Acceptance of Proposal - The above prices, specifications, and conditions are satisfactory and are hereby accepted. Payment will be made as outlined above. Total $23,099.76 2333 Henry St - Muskegon, MI 49441 800-968-3686 231-759-0911 Fx. 231-759-3200 MUSKEGON Quote Proposal PROP004639 AWNING & FABRICATION Date 10/26/2022 Commercial + Residential - Industrial - Marine Bill To: Ship To Carlisle's Carlisle's 470 W. West Western 470 W. West Western Muskegon, MI 49440 Muskegon, MI 49440 Phone 1 Phone 2 Fax 231-288-6300 (Jen) Purchase Order No. | Customer ID Sales ID CMC Prices Good For 30 Days from Date of Quote Description Cost Total Qty 8,896.00 8,896.00T 1 | Fabricate One (1) Rounded Entry Walkway Canopy Approx. Dim: 8' Height x TBD (11'-12') Projection x 7' Wide Fabric: Standard Sunbrella Colors Frame: Welded Aluminum- Mill Finish Valance: Rigid Windbreak Panels on Sides Approx. Dim: 8' Height x TBD (11'-12') Length Fabric: Standard Sunbrella on Bottom; Clear Vinyl on Top Panels to be removable 1,680.00 1,680.00T 1} OPTION: Windbreak Panel w/ Door in Front Approx Dim: 8' Height x 7! Wide Fabric: Standard Sunbrella on Bottom; Clear Vinyl on Top Front panel with door, to be removable 800.00 800.00T 1 | Graphics/Artwork Customer to provide vector style computer file of designed graphics Front Face of Awning "Carlisle's" (Logo) and "Main Entrance" (Basic Block Lettering) Size: TBD SGS Printed on Graphics Add graphics to one side of Awning "Carlisle's" (Logo) Additional $325.00 (done w/ front graphics) 1,425.00 1,425.00 1 | INSTALLATION- Labor Please sign and return to the address below. Subtotal A 50% deposit is due upon order and the balance is due upon completion. Customer Signature Sales Tax (6.0%) Acceptance of Proposal - The above prices, specifications, and conditions are satisfactory and are hereby accepted. Payment will be made as outlined above. Total 2333 Henry St - Muskegon, MI 49441 800-968-3686 231-759-0911 Fx. 231-759-3200 Page 1 MUSKEGON# Quote Proposal PROP004639 AWNING & FABRICATION Date 10/26/2022 Commercial « Residential - Industrial - Marine Bill To: Ship To Carlisle's 470 W. West Western Carlisle's Muskegon, MI 49440 470 W. West Western Muskegon, MI 49440 Phone 1 Phone 2 Fax 231-288-6300 (Jen) Purchase Order No. | Customer ID Sales ID CMC Prices Good For 30 Days from Date of Quote Qty Description Cost Total 1 | Please Note: 0.00 0.00 - Current lead time is 3-5 weeks upon receiving half down deposit and signed proposal. Lead time may vary depending on fabric selection as some options are on backorder. - Muskegon Awning to verify attachment points and measurements, prior to fabrication - Walkway canopy to fit outside of rails, possible right facing side to be slightly off building and enclosed on backside (in order to fit outside rail) - Mounted hardware above doorway will need to be relocated for canopy installation - If needed, permits to be supplied by others Contact: Jen Harris Keaney jennifer@dockersmuskegon.com Please sign and return to the address below. $12,801.00 Subtotal A 50% deposit is due upon order and the balance is due upon completion. Customer Signature Sales Tax (6.0%) $682.56 Acceptance of Proposal - The above prices, specifications, and conditions are satisfactory and are hereby accepted. Payment will be made as outlined above. Total $13,483.56 2333 Henry St - Muskegon, MI 49441 800-968-3686 231-759-0911 Fx. 231-759-3200 Page 2 SIGNAGE PROPOSAL Date: 10/20/22 Company: Carlisle’s Address: 470 W. Western Ave. City/State/ZIP: Muskegon, MI 49440 Contact: Jennifer Harris Keaney Phone: 231-288-6300 Email: jennifer@dockersmuskegon.com Specifications: Awning Fabrication- (1)10’Tall x 5’ Wide x 10’Deep Custom fabricated aluminum extruded frame. Awning will have a curved radius top, welded aluminum frame, and stapled high performance Weathertyte brown flex fabric. Awning will have custom graphics. Copy: Carlisle’s Value: $5,980.00 Installation- Two service technicians with one crane truck and one bucket truck to install new awning as per rendering. Labor: $1,750.00 Tax: $358.80 Total Investment: $8,088.80 Final electrical to sign location by owner Terms and Conditions 50% down with balance due on completion of job Sketch Deposit: The sketch deposit covers minimal costs involved in developing a concept. It does not cover the actual purchase price ofa custom design, with a quoted minimum price. The sketch remains the property of the designer. PRICE QUOTATION GOODFOR 30 DAYS. PRICES as indicated above, are minimum estimates for art or sign work only. Photostats, typography, photographs, overtime changes and/or time additions, delays caused by the client, special consultations and all other work expenses that cannot be estimated accurately in advance will be billed extra unless otherwise specified FINISHED art, mechanicals , and signs will be released for use by the clients only. Mechanicals, original sketches and materials other than signs originated by the designer are the property of the designer, and will be held for the client, unless otherwise shown. Sign remains the property of ADVANCED SIGNS until it is completely paid for. If not paid for in ninety (90) days, ADVANCED SIGNS may remove sign, unless otherwise agreed. SPECIAL conditions on client's purchase order in no way negate the above Conditions of Sale. In ordering the work described above, the client accepts all of these conditions whether noted on this purchase order or not. IF UNUSUAL DIGGING conditions (i.e.: ledge, water, etc.) are encountered in ground installations, this contract is binding: however, an additional cost based on our labor, plus___% on subcontract labor and materials, will be added to the above price. THE CLIENT agrees to pay all costs of collection in the event of default of payment by the client, including a reasonable attorney's fee. In the event of delinquent payments, the client will be charged arate of __% interest every month after the first 30 days. QUOTED BY ___BJ Wade Date 1/17/13. ACCEPTANCE OF PROPOSAL The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authori zed to do the work above as specified. Payment will be made as outlined above. Signature Date 401 2"° STREET * PO BOX 67 * FERRYSBURG MI 49409 * PH 616-846-4667 * FAX 616-846-3263 Muskegon Downtown Development Authority Agenda item F for 12-13-22 Approval BRA-DDA meeting dates for 2023 Requesting party: City Economic Development Outline of request: Set meeting dates for 2023 Background: Traditionally, the BRA-DDA meetings in city hall the second Tuesday of every month at 10:30 a.m. if there is business to conduct. Staff comments: Staff sees no reason to change the meeting schedule but that is up to the board. Staff recommendation: Approve the attached 2023 BRA-DDA meeting schedule. Suggested motion: | move to approve the 2023 BRA-DDA meeting schedule. Muskegon Brownfield Redevelopment Authority/ Downtown Development Authority 2023 meeting schedule When needed, the BRA-DDA Board meets on the second Tuesday of every month at 10:30 a.m. in the commission chambers in Muskegon City Hall, 933 Terrace, Muskegon, MI 49440. All meetings are open to the public. The 2023 meeting dates are: e Jan. 10 e Feb. 14 e March 14 e April 11 e May9 e june 13 e July 11 e Aug. 8 e Sept. 12 e Oct. 10 e Nov. 14 ® Dec, 12 Adopted by the BRA-DDA board on Dec. 13, 2022. AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with disabilities who want to attend the meeting with twenty-four (24) hours notice to the City of Muskegon. Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing or calling the following: Ann Marie Cummings, MMC City Clerk 933 Terrace Street, Muskegon, MI 49440 (231) 724-6705
Sign up for City of Muskegon Emails