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Agenda Item Review Form
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Muskegon City Commission
Commission Meeting Date: September 13, 2022 Title: US Army Corps of
Engineers Lease
Submitted By: LeighAnn Mikesell Department: City Manager
Brief Summary: Staff is requesting approval to renew the lease with the US Army Corps of
Engineers for use of the navigation structures at the Muskegon Harbor Federal Navigation Project.
Detailed Summary & Background:
The lease would authorize the continuation of passive recreational activities on the US South
Breakwater, the US South Revetment and Pier, and allow for the operation and maintenance of
pier safety devices on the US North and South Breakwaters.
Goal/Focus Area/Action Item Addressed: Goal 1 - Destination Community & Quality of Life, Key
Focus Area: Improved access to the waterfront
Amount Requested : N/A Amount Budgeted: NIA
Fund(s) or Account(s): Fund(s) or Account(s) :
Recommended Motion: to approve the lease renewal with the US Army Corps of Engineers and
authorize the mayor and clerk to sign.
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:
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, DETROIT DISTRICT
477 MICHIGAN AVENUE
DETROIT Ml 48226-2550
June 3, 2022
Real Estate Office
LeighAnn Mikesell
Interim City Manager
City of Muskegon
933 Terrace Street
Muskegon, Michigan 49440
Dear Ms. Mikesell,
Reference is made with prior discussions with Mr. Leo Evans (in the City's Public Works
and Engineering Office) regarding the renewal of a Park and Recreation lease for public use of
the Navigation Structures at the Muskegon Harbor Federal Navigation Project. The lease would
authorize the continuation of passive recreational activites on the U.S. South Breakwater, the
U.S. South Revetment and Pier, in addition to the operation and maintenance of pier safety
devices on the U.S. North and South Breakwaters.
In accord with the Development and Management Plan which Mr. Evans had previously
submitted, we have generated and attached a copy of Depaiiment of the Army Park and
Recretion Lease No.DACW35-l-16-3003. Also attached is a Certificate of Authority. Please
sign, date, and return a scanned copy of the lease, and complete and return a scanned copy the
Certificate of Authority.
Please note that Exhibit "C' 1 of the lease contains an Environmental Condition of Prope1iy
(ECP) document with a Statement of Findings, which concludes that there is no evidence that
hazardous substances have been disposed of or released at the site. Along with the lease, the
ECP requires a signature and date. The electronic copy of the lease with ECP is for your records
until a fully executed copy is returned to you by e-mail and regular mail.
In compliance with Condition No. 16, please provide this office with a Certificate of Liability
Insurance or an updated statement of self-insurance. This may be sent by e-mail to my attention
or by regular mail. Lease No. DACW35-l-16-3003 must appear on all insurance documents
submitted annually.
By authority of the Defense Authorization Act of 1998, Section 2813(a), the United States is
required to charge a fee to cover the administrative expenses associated with the processing and
management of this lease. The administrative fee is nine thousand four hundred and no/100
dollars ($9,400.00). Please submit a check according to the instructions in Condition No. 2b of
the lease.
-2-
If you have any questions, please contact Shawn Sanchez by e-mail at
Shawn.S.Sanchez@usace.army .mil or by phone at (313) 226-1326.
Sincerely,
Robert Jameson
Property Management
Real Estate Office
Buffalo, Chicago, and Detroit Districts
Enclosures
Copy Furnished (via e-mail):
City of Muskegon, Public Works/Engineering: Mr. Leo Evans, PE (leo.evans@shorelinecity.com)
Park and Recreation at Muskegon, MI
Lease No. DACW35-l-16-3003
NOTE: The CERTIFICATE OF AUTHORITY must be executed by an individual
other than by the person who signed the agreement. The individual must certify
that the official who signed the agreement was authorized to act in that capacity.
CERTIFICATE OF AUTHORITY
r, _A_n_n_M_a_ri_e_M_ei_s_ch_,_M_M_C_ _ _ _ _ _ _ _ _ , do hereby certify that I am the
(someone other than the person signing the agreement)
Muskegon City Clerk for the
(my position of responsibility within the organization)
City of Muskegon, Michigan (Lessee) and that
- - = - - - - - - - - - - - - - - - - , who signed the agreement
- -KenJohnson
on behalf of the Lessee was at the time of signature
its CityofMuskegonMayor , and that person
(position held)
who executed the agreement on behalf of the Lessee acted
within his/her statutory authority.
IN WITNESS WHEREOF, I have made and executed this certification
this ~
,7-l:lrt day of
~,~-- ~\""~, ~\" "\,v2l"
(Signature)
Lease No. DACW35-1-16-3003
DEPARTMENT OF THE ARMY
LEASE TO NON-STATE GOVERNMENTAL AGENCIES
FOR PUBLIC PARK AND RECREATIONAL PURPOSES AT THE
MUSKEGON HARBOR FEDERAL NAVIGATION PROJECT
MUSKEGON COUNTY, MICHIGAN
THIS LEASE is made on behalf of the United States, between the
SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, and
the CITY OF MUSKEGON, MICHIGAN, hereinafter referred to as the Lessee,
WITNESSETH:
That the Secretary, by authority of Title 16, United States Code,
Section 460d, and for the consideration hereinafter set forth, hereby
leases to the Lessee, the property identified in Exhibit(s), attached
hereto and made a part hereof, hereinafter referred to as the
premises, for public park and recreational purposes.
THIS LEASE is granted subject to the following conditions:
1. TERM
Said premises are hereby leased for a term of twenty-five (25) years,
beginning on 1 October 2016 and ending on 30 September 2041.
2. CONSIDERATION AND ADMINISTRATIVE FEE
a. The consideration for this lease is the operation and maintenance
of the premises by the Lessee for the benefit of the United States and
the general public in accordance with the conditions herein set forth.
b. By authority of the Defense Authorization Act of 1998, Section
2813a (10 U.S.C. § 2695), the United States is required to charge a
fee to cover the administrative expenses associated with the
processing of a lease. The required administrative fee for the
processing of this lease is nine thousand four hundred and no/100
dollars ($9,400.00). The administrative fee must be paid by check, in
advance, payable to the order of "FAO, USAED, Detroit" and is to be
mailed to the U.S. Army Engineer District, Detroit, ATTN: Real Estate
Office, 477 Michigan Avenue, Detroit, Michigan 48226-2550. Lease
number DACW35-1-16-3003 must be referenced on the check document.
c. The Lessee is required to register, while remaining up to date and
valid, in the System Award Management (SAM) database to perform
financial transactions with the U.S. Government. SAM registration
should occur prior to the submittal of this agreement, and prior to
the submittal of any applicable administrative fees and/or payments
being made. The SAM database is an official Federal government
website administered by the U.S. General Services Administration.
There is no cost to use the SAM database. If you have any general
questions about the SAM database, please contact Ms. Tarsus Moore with
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Lease No. DACW35-1-16-3003
the U.S. Army Corps of Engineers (USACE), Detroit District, Resource
Management Office, by e-mail at Tarsus.B.Moore@usace.army.mil or by
phone at (313) 226-6832. The SAM database can be found at the
following website address: https://www.sam.gov
3. NOTICES
All correspondence and notices to be given pursuant to this lease
shall be addressed, if to the Lessee, to the City of Muskegon,
933 Terrace Street, Muskegon, Michigan, 49440; and, if to the United
States, to the U.S. Army Engineer District, Detroit, ATTN: Real Estate
Office, 477 Michigan Avenue, Detroit, Michigan, 48226 or as may from
time to time otherwise be directed by the parties. Notice shall be
deemed to have been duly given if and when enclosed in a properly
sealed envelope, or wrapper, addressed as aforesaid, and deposited,
postage prepaid, in a post office regularly maintained by the United
States Postal Service.
4. AUTHORIZED REPRESENTATIVES
Except as otherwise specifically provided, any reference herein to
"Secretary of the Army," "District Engineer," "said officer" or
"Lessor'' shall include their duly authorized representatives. Any
reference to "Lessee" shall include sublessees, assignees,
transferees, concessionaires, and its duly authorized representatives.
5. DEVELOPMENT PLANS
The Lessee shall be guided by an annual Plan of Operation and
Maintenance in furtherance of the Lessee's implementing Plan of
Recreation Development and Management (Development Plan) attached as
"Exhibit B" which shows the facilities and services necessary to meet
the current and potential public demand and the management and
development activities to be undertaken by the Lessee and any
sublessees. The Lessee shall provide a copy of any amendment to the
Development Plan before proceeding to implement any changes to the
original plan or management of the leased premises. Amendments to the
plan shall include, but is not limited to the following:
a. Plans for management, maintenance, and development activities to
be undertaken by the Lessee and any sublessees.
b. Report of the management, maintenance, and development
accomplishments of the Lessee for the preceding year.
c. Report on any significant modification of policies or procedures
which are planned for the following year as well as those implemented
in the preceding year.
d. Minor modifications to the Development Plan. Major modifications
are to be accomplished by amendment to the Plan before proceeding to
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Lease No. DACW35-1-16-3003
implement any changes in the development or management of the leased
premises.
e. Budget of the Lessee for carrying out all activities for the
upcoming year.
f. Personnel to be used in the management of the leased premises.
g. Certification that all water and sanitary systems on the premises
have been inspected and comply with Federal, state, and local
standards. Lessee will also provide a statement of compliance with
the Rehabilitations Act and the Americans with Disabilities Act, as
required in the condition on NON-DISCRIMINATION, noting any
deficiencies and providing a schedule for correction.
The use and occupation of the premises shall be subject to the general
supervision and approval of the District Engineer. During the term of
the lease, the District Engineer will notify the Lessee of any updates
to the existing project Master Plan affecting the premises and the
Lessee may provide comments.
6. STRUCTURES AND EQUIPMENT
The Lessee shall have the right, during the term of the lease, to
erect such structures and to provide such equipment upon the premises
as may be necessary to furnish the facilities and services authorized.
Those structures and equipment shall be and remain the property of
the Lessee, except as otherwise provided in the Condition on
RESTORATION. However, no structures may be erected or altered upon
the premises unless and until the type of use, design, and proposed
location or alteration thereof shall have been approved in writing by
the District Engineer. The District Engineer may require the Lessee,
upon the completion of each of the proposed developments to furnish
complete "as built" construction plans for all facilities.
7. APPLICABLE LAWS AND REGULATIONS
a. The Lessee shall comply with all applicable Federal laws and
regulations and with all applicable laws, ordinances, and regulations
of the state, county, and municipality wherein the premises are
located, including, but not limited to, those regarding construction,
health, safety, food service, water supply, sanitation, use of
pesticides, and licenses or permits to do business. The Lessee shall
make and enforce such regulations as are necessary and within its
legal authority in exercising the privileges granted in this lease,
provided that such regulations are not inconsistent with those issued
by the Secretary of the Army or with the provisions of
16 U.S.C. § 460d.
b. The Lessee will provide an annual certification that all water and
sanitary systems on the premises have been inspected and comply with
Page 3 of 17
Lease No. DACW35-l-16-3003
Federal, State, and local standards. The Lessee will also provide a
statement of compliance with the Rehabilitations Act and the Americans
with Disability Act, as required in the condition on
NON-DISCRIMINATION, noting any deficiencies and providing a schedule
for correction.
8. CONDITION OF PREMISES
The Lessee acknowledges that it has inspected the premises, knows its
condition, and understands that the same is leased without any
representations or warranties whatsoever and without obligation on the
part of the United States to make any alterations, repairs, or
additions thereto.
9. FACILITIES AND SERVICES
The Lessee shall provide the facilities and services as agreed upon in
the Development Plan referred to in the Condition on DEVELOPMENT PLANS
either directly or through subleases or concession agreements that
have been reviewed and accepted by the District Engineer. These
subleases or agreements shall state: (1) that they are granted subject
to the provisions of this lease; and (2) that the agreement will not
be effective until the third party activities have been approved by
the District Engineer. The Lessee will not allow any third party
activities with a rental to the Lessee or prices to the public which
would give the third party an undue economic advantage or circumvent
the intent of the Development Plan. The rates and prices charged by
the Lessee or its sub-lessees or concessionaires shall be reasonable
and comparable to rates charged for similar goods and services by
others in the area. The use of sub-lessees and concessionaires will
not relieve the Lessee from the primary responsibility for ensuring
compliance with all of the terms and conditions of this lease.
10. TRANSFERS, ASSIGNMENTS, SUBLEASES
a. Without prior written approval of the District Engineer, the
Lessee shall neither transfer nor assign this lease nor sublet the
premises or any part thereof, nor grant any interest, privilege, or
license whatsoever in connection with this lease.
b. The Lessee will not sponsor or participate in timeshare ownership
of any structures, facilities, accommodations, or personal property on
the premises. The Lessee will not subdivide nor develop the premises
into private residential development.
Page 4 of 17
Lease No. DACW35-l-16-3003
11. FEES
Fees may be charged by the Lessee for the entrance to or use of the
premises or any facilities, however, no user fees may be charged by
the Lessee or its sub-lessees for use of facilities developed in whole
or part with federal funds if prohibited by 16 U.S.C. § 460d-3.
12. ACCOUNTS, RECORDS AND RECEIPTS
All monies received by the Lessee from operations conducted on the
premises, including, but not limited to, entrance, admission and user
fees and rental or other consideration received from its
concessionaires, may be utilized by the Lessee for the administration,
maintenance, operation and development of the premises. Beginning 5
years from the date of this lease and continuing at 5-year intervals,
any such monies not so utilized or programmed for utilization within a
reasonable time shall be paid to the District Engineer. The Lessee
shall establish and maintain accurate records and accounts and provide
an annual statement of receipts and expenditures to the District
Engineer. Annual or weekly entrance fees not collected on the
Project, which also are honored at other recreational areas operated
by the Lessee, are excluded from this requirement. The District
Engineer shall have the right to perform audits or to require the
Lessee to audit the records and accounts of the Lessee, third party
concessionaires and sub-lessees, in accordance with auditing standards
and procedures promulgated by the American Institute of Certified
Public Accountants or by the state, and furnish the District Engineer
with the results of such an audit.
13. PROTECTION OF PROPERTY
The Lessee shall be responsible for any damage that may be caused to
property of the United States by the activities of the Lessee under
this lease and shall exercise due diligence in the protection of all
property located on the premises against fire or damage from any and
all other causes. Any property of the United States damaged or
destroyed by the Lessee incident to the exercise of the privileges
herein granted shall be promptly repaired or replaced by the Lessee to
the satisfaction of the District Engineer, or, at the election of the
District Engineer, reimbursement may be made therefor by the Lessee in
an amount necessary to restore or replace the property to a condition
satisfactory to the District Engineer.
14. RIGHT TO ENTER AND FLOOD
a. The right is reserved to the United States, its officers, agents,
and employees to enter upon the premises at any time and for any
purpose necessary or convenient in connection with Government
Page 5 of 17
Lease No. DACW35-1-16-3003
purposes; to make inspections; to remove timber or other material,
except property of the Lessee; to flood the premises; to manipulate
the level of the lake or pool in any manner whatsoever; and/or to make
any other use of the land as may be necessary in connection with
project purposes, and the Lessee shall have no claim for damages on
account thereof against the United States or any officer, agent, or
employee thereof.
b. The Lessee expressly agrees to make no claim under flood insurance
issued under any Federal Government program for loss to any property
of the Lessee located on the premises which arises from or is incident
to the flooding of the premises by the Government.
15. LIGHTS, SIGNALS AND NAVIGATION
There shall be no unreasonable interference with navigation by the
exercise of the privileges granted by this lease. If the display of
lights and signals on any work hereby authorized is not otherwise
provided for by law, such lights and signals as may be prescribed by
the Coast Guard or by the District Engineer shall be installed and
maintained by and at the expense of the Lessee.
16. INSURANCE
a. At the commencement of this lease, the Lessee, unless self-
insured, and its sub-lessees and concessionaires at the commencement
of operating under the terms of this lease as third parties, shall
obtain liability insurance from a reputable insurance company or
companies' contracts of liability insurance. The insurance shall
provide an amount not less than that which is prudent, reasonable and
consistent with sound business practices or a minimum Combined Single
Limit of $2,000,000.00, whichever is greater, for any number of
persons or claims arising from any one incident with respect to bodily
injuries or death resulting therefrom, property damage, or both,
suffered or alleged to have been suffered by any person or persons,
resulting from the operations of the Lessee, sub-lessees and
concessionaires under the terms of this lease. On an annual basis,
the Lessee shall require its insurance company to furnish to the
District Engineer a copy of the policy or policies, or, if acceptable
to the District Engineer, certificates of insurance evidencing the
purchase of such insurance. The minimum amount of liability insurance
coverage is subject to revision by the District Engineer every three
years or upon renewal or modification of this lease.
b. The insurance policy or policies shall specifically provide
protection appropriate for the types of facilities, services and
products involved; and shall provide that the District Engineer be
Page 6 of 17
Lease No. DACW35-1-16-3003
given thirty (30) days' notice of any cancellation or change in such
insurance.
c. In the event the Lessee is self-insured, the Lessee shall certify
such self-insurance in writing in the minimum amount specified above
to the District Engineer. The Lessee's insurance status shall not
eliminate the requirement for its sub-lessees and concessionaires to
have insurance from a reputable insurance carrier as set out above.
d. The District Engineer may require closure of any or all of the
premises during any period for which the Lessee and/or its sub-lessees
and concessionaires do not have the required insurance coverage.
e. Lease No. DACW35-l-16-3003 must appear on all insurance related
documents submitted annually.
17. RESTORATION
On or before the expiration of this lease or its termination by the
Lessee, the Lessee shall vacate the premises, remove the property of
the Lessee, and restore the premises to a condition satisfactory to
the District Engineer. If, however, this lease is revoked, the Lessee
shall vacate the premises, remove said property therefrom, and restore
the premises to the aforesaid condition within such time as the
District Engineer may designate. In either event, if the Lessee shall
fail or neglect to remove said property and restore the premises,
then, at the option of the District Engineer, said property shall
either become the property of the United States without compensation
therefor, or the District Engineer may cause the property to be
removed and no claim for damages against the United States or its
officers or agents shall be created by or made on account of such
removal and restoration work. The Lessee shall also pay the United
States on demand any sum which may be expended by the United States
after the expiration, revocation, or termination of this lease in
restoring the premises.
18. NON-DISCRIMINATION
a. The Lessee shall not discriminate against any person or persons or
exclude them from participation in the Lessee's operations, programs
or activities conducted on the leased premises, because of race,
color, religion, sex, age, handicap, or national origin. The Lessee
will comply with the Americans with Disabilities Act and attendant
Americans with Disabilities Act Accessibility Guidelines (ADAAG)
published by the Architectural and Transportation Barriers Compliance
Board.
Page 7 of 17
Lease No. DACW35-l-16-3003
b. The Lessee, by acceptance of this lease, is receiving a type of
Federal assistance and, therefore, hereby gives assurance that it will
comply with the provisions of Title VI of the Civil Rights Act of
1964, as amended (42 U.S.C. § 2000d); the Age Discrimination Act of
1975 (42 U.S.C. § 6102); the Rehabilitation Act of 1973, as amended
(29 U.S.C. § 794); and all requirements imposed by or pursuant to the
Directive of the Department of Defense (32 CAR Part 300) issued as
Department of Defense Directives 5500.11 and 1020.1, and Army
Regulation 600-7. This assurance shall be binding on the Lessee, its
agents, successors, transferees, sub-lessees and assignees.
19. SUBJECT TO EASEMENTS
This lease is subject to all existing easements, easements
subsequently granted, and established access routes for roadways and
utilities located, or to be located, on the premises, provided that
the proposed grant of any new easement or route will be coordinated
with the Lessee, and easements will not be granted which will, in the
opinion of the District Engineer, interfere with developments, present
or proposed, by the Lessee. The Lessee will not close any established
access routes without written permission of the District Engineer.
20. SUBJECT TO MINERAL INTERESTS
This lease is subject to all outstanding mineral interests. As to
federally owned mineral interests, it is understood that they may be
included in present or future mineral leases issued by the Bureau of
Land Management (BLM), which has responsibility for mineral
development on Federal lands. The Secretary will provide lease
stipulations to BLM for inclusion in such mineral leases that are
designed to protect the premises from activities that would interfere
with the Lessee's operations or would be contrary to local laws.
21. COMPLIANCE, CLOSURE, REVOCATION AND RELINQUISHMENT
a. The Lessee and/or any sub-lessees or licensees are charged at all
times with full knowledge of all the limitations and requirements of
this lease, and the necessity for correction of deficiencies, and with
compliance with reasonable requests by the District Engineer. This
lease may be revoked in the event that the Lessee violates any of the
terms and conditions and continues and persists in such non-compliance
or fails to obtain correction of deficiencies by sub-lessees or
licensees. The Lessee will be notified of any non-compliance, which
notice shall be in writing or shall be confirmed in writing, giving a
period of time in which to correct the non-compliance. Failure to
satisfactorily correct any substantial or persistent non-compliance
within the specified time is grounds for closure of all or part of the
premises, temporary suspension of operation, or revocation of the
Page 8 of 17
Lease No. DACW35-l-16-3003
lease, after notice in writing of such intent. Future requests by the
Lessee to extend the lease, expand the premises, modify authorized
activities, or assign the lease shall take
into consideration the Lessee's past performance and compliance with
the lease terms.
b. This lease may be relinquished by the Lessee by giving one (1) year
prior written notice to the District Engineer in the manner prescribed
in the Condition on NOTICES.
22. HEALTH AND SAFETY
a. The Lessee shall keep the premises in good order and in a clean,
sanitary, and safe condition and shall have the primary responsibility
for ensuring that any sub-lessees and concessionaires operate and
maintain the premises in such a manner.
b. In addition to the rights of revocation for non-compliance, the
District Engineer, upon discovery of any hazardous conditions on the
premises that presents an immediate threat to health and/or danger to
life or property, will so notify the Lessee and will require that the
affected part or all of the premises be closed to the public until
such condition is corrected and the danger to the public eliminated.
If the condition is not corrected within the time specified, the
District Engineer will have the option to: (1) correct the hazardous
conditions and collect the cost of repairs from the Lessee; or, (2)
revoke the lease. The Lessee and its assignees or sub-lessees shall
have no claim for damages against the United States, or any officer,
agent, or employee thereof on account of action taken pursuant to this
condition.
23. PUBLIC USE
No attempt shall be made by the Lessee, or any of its sub-lessees or
concessionaires, to forbid the full use by the public 9f the premises
and of the water areas of the project, subject, however, to the
authority and responsibility of the Lessee to manage the premises and
provide safety and security to the visiting public.
24. PROHIBITED USES
a. The Lessee shall not permit gambling on the premises or install or
operate, or permit to be installed or operated thereon, any device
which is illegal, or use the premises or permit them to be used for
any illegal business or purpose. There shall not be conducted on or
permitted upon the premises any activity which would constitute a
nuisance.
Page 9 of 17
Lease No. DACW35-1-16-3003
b. As an exception, some games of chance, such as raffles, games and
sporting events, may be conducted by nonprofit organizations under
special use permits issued in conjunction with special events, if
permissible by state and local law. Any request to conduct such
activities must be submitted in writing to the District Engineer.
c. In accordance with state and local laws and regulations, the
Lessee may sell, store, or dispense, or permit the sale, storage, or
dispensing of beer, malt beverages, light wines or other intoxicating
beverages on the premises in those facilities where such service is
customarily found. Bar facilities will only be permitted if offered
in connection with other approved activities. Advertising of such
beverages outside of buildings is not permitted. Carry out package
sales of hard liquor is prohibited.
25. NATURAL RESOURCES
The Lessee shall cut no timber, conduct no mining operations, remove
no sand, gravel, or kindred substances from the ground, commit no
waste of any kind, nor in any manner substantially change the contour
or condition of the premises, except as may be authorized under and
pursuant to the Development Plan described in the Condition on
DEVELOPMENT PLANS herein. The Lessee may salvage fallen or dead
timber; however, no commercial use shall be made of such timber.
Except for timber salvaged by the Lessee when in the way of
construction of improvements or other facilities, all sales of forest
products will be conducted by the United States and the proceeds
therefrom shall not be available to the Lessee under the provisions of
this lease.
26. DISPUTES CLAUSE
a. Except as provided in the Contract Disputes Act of 1978 (41 U.S.C.
601-613) (the Act), all disputes arising under or relating to this
lease shall be resolved under this clause and the provisions of the
Act.
b. ''Claim," as used in this clause, means a written demand or written
assertion by the Lessee seeking, as a matter of right, the payment of
money in a sum certain, the adjustment of interpretation of lease
terms, or other relief arising under or relating to this lease. A
claim arising under this lease, unlike a claim relating to that lease,
is a claim that can be resolved under a lease clause that provides for
the relief sought by the Lessee. However, a written demand or written
assertion by the Lessee seeking the payment of money exceeding $50,000
is not a claim under the Act until certified as required by
subparagraph c. (2) below.
Page 10 of 17
Lease No. DACW35-1-16-3003
c. (1) A claim by the Lessee shall be made in writing and submitted to
the District Engineer for a written decision. A claim by the
Government against the Lessee shall be subject to a written decision
by the District Engineer.
(2) For Lessee claims exceeding $50,000, the Lessee shall submit with
the claim a certification that:
(i) The claim is made in good faith;
(ii) Supporting data are accurate and complete to the best of the
Lessee's knowledge and belief; and
(iii) The amount requested accurately reflects the lease adjustment
for which the Lessee believes the Government is liable.
(3)
(i) If the Lessee is an individual, the certificate shall be executed
by that individual.
(ii) If the Lessee is not an individual, the certification shall be
executed by:
(A) A senior company official in charge at the Lessee's location
involved; or
(B) An officer or general partner of the Lessee having overall
responsibility of the conduct of the Lessee's affairs.
d. For Lessee claims of $50,000 or less, the District Engineer must,
if requested in writing by the Lessee, render a decision within 60
days of the request. For Lessee-certified claims over $50,000, the
District Engineer must, within 60 days, decide the claim or notify the
Lessee of the date by which the decision will be made.
e. The District Engineer's decision shall be final unless the Lessee
appeals or files a suit as provided in the Act.
f .. At the time a claim by the Lessee is submitted to the District
Engineer or a claim by the Government is presented to the Lessee, the
parties, by mutual consent, may agree to use alternative means of
dispute resolution. When using alternate dispute resolution
procedures, any claim, regardless of amount, shall be accompanied by
the certificate described in paragraph c. (2) of this clause, and
executed in accordance with paragraph c. (3) of this clause.
g. The Government shall pay interest on the amount found due and
unpaid by the Government from (1) the date the District Engineer
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Lease No. DACW35-1-16-3003
received the claim (properly certified if required), or (2) the date
payment otherwise would be due, if that date is later, until the date
of payment. Simple interest on claims shall be paid at the rate,
fixed by the Secretary of the Treasury, as provided in the Act, which
is applicable to the period during which the District Engineer
receives the claim, and then at the rate applicable for each 6-month
period as fixed by the Treasury Secretary during the pendency of the
claim.
h. The Lessee shall proceed diligently with the performance of the
lease, pending final resolution of any request for relief, claim,
appeal, or action arising under the lease, and comply with any
decision of the District Engineer.
27. ENVIRONMENTAL PROTECTION
a. Within the limits of their respective legal powers, the parties to
this lease shall protect the project against pollution of its air,
ground, and water. The Lessee shall comply promptly with any laws,
regulations, conditions, or instructions affecting the activity hereby
authorized, if and when issued by the Environmental Protection Agency,
or any Federal, state, interstate or local governmental agency having
jurisdiction to abate or prevent pollution. The disposal of any toxic
or hazardous materials within the leased area is specifically
prohibited. Such regulations, conditions, or instructions in effect or
prescribed by the Environmental Protection Agency, or any Federal,
state, interstate or local governmental agency, are hereby made a
condition of this lease. The Lessee shall require all sanitation
facilities on boats moored at the Lessee's facilities, including
rental boats, to be sealed against any discharge into the lake.
Services for waste disposal, including sewage pump-out of watercraft,
shall be provided by the Lessee as appropriate. The Lessee shall not
discharge waste or effluent from the premises in such a manner that
the discharge will contaminate streams or other bodies of water or
otherwise become a public nuisance.
b. The Lessee will use all reasonable means available to protect the
environment and natural resources, and where damage nonetheless occurs
from the lessee's activities, the Lessee shall be liable to restore
the damaged resources.
c. The Lessee must obtain approval in writing from the District
Engineer before any pesticides or herbicides are applied to the
premises.
Page 12 of 17
Lease No. DACW35-1-16-3003
28. ENVIRONEMENTAL CONDITION OF PROPERTY
An Environmental Condition of Property (ECP) documents the known
history of the property with regard to the storage, release or
disposal of hazardous substances thereon is attached hereto and made a
part hereof as "Exhibit C". Upon expiration, revocation or
termination of this lease, another ECP shall be prepared which will
document the environmental condition of the property at that time. A
comparison of the two assessments will assist the District Engineer in
determining any environmental restoration requirements. Any such
requirements will be completed by the lessee in accordance with the
condition on RESTORATION.
29. HISTORIC PRESERVATION
The Lessee shall not remove or disturb, or cause or permit to be
removed or disturbed, any historical, archaeological, architectural,
or other cultural artifacts, relics, remains, or objects of antiquity.
In the event such items are discovered on the premises, the Lessee
shall immediately notify the District En~ineer and protect the site
and the material from further disturbance until the District Engineer
gives clearance to proceed.
30. SOIL AND WATER CONSERVATION
The Lessee shall maintain in a manner satisfactory to the District
Engineer, all soil and water conservation structures that may be in
existence upon said premises at the beginning of, or that may be
constructed by the Lessee during the term of, this lease, and the
Lessee shall take appropriate measures to prevent or control soil
erosion within the premises. Any soil erosion occurring outside the
premises resulting from the activities of the Lessee shall be
corrected by the Lessee as directed by the District Engineer.
31. TRANSIENT USE
a. Camping, including transient trailers or recreational vehicles, at
one or more campsites for a period longer than thirty (30) days during
any sixty (60) consecutive day period is prohibited. The Lessee will
maintain a ledger and reservation system for the use of any such
campsites.
b. Occupying any lands, buildings, vessels or other facilities within
the premises for the purpose of maintaining a full- or part-time
residence is prohibited, except for employees residing on the premises
for security purposes, if authorized by the District Engineer.
Page 13 of 17
Lease No. DACW35-1-16-~003
32. COVENANT AGAINST CONTINGENT FEE
The Lessee warrants that no person or selling agency has been
employed or retained to solicit or secure this lease upon an
agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained
by the Lessee for the purpose of securing business. For breach
or violation of this warranty, the United States shall have the
right to annul this lease without liability or, in its
discretion, to require the Lessee to pay, in addition to the
lease rental or consideration, the full amount of such
commission, percentage, brokerage, or contingent fee.
33. OFFICIALS NOT TO BENEFIT
No Member of or Delegate to Congress or Resident Commissioner
shall be admitted to any share or part of this lease or to any
benefits to arise therefrom. However, nothing herein contained
shall be construed to extend to any incorporated company if the
lease be for the general benefit of such corporation or company.
34. MODIFICATIONS
This lease contains the entire agreement between the parties
hereto, and no modification of this agreement, or waiver, or
consent hereunder shall be valid unless the same be in writing,
signed by the parties to be bound or by a duly authorized
representative; and this provision shall apply to this clause as
well as all other conditions of this lease.
35. DISCLAIMER
This lease is effective only insofar as the rights of the United
States in the premises are concerned; and the Lessee shall obtain
such permission as may be required on account of any other
existing rights. It is understood that the granting of this
lease does not eliminate the necessity of obtaining any
Department of the Army Regulatory Permit which may be required
pursuant to the provisions of Section 10 of the Rivers and
Harbors Act of 3 March 1899 (30 Stat. 1151; 33 U.S.C. § 403), or
Section 404 of the Clean Water Act (33 U.S.C. § 1344)
Page 14 of 17
Lease No. DACW35-1-16-3003
36. SPECIAL PROVISIONS
a. This lease is for continued public park and recreational
activities at the Muskegon Harbor Federal Navigation Project,
Michigan. The recreational activities on the premises authorizes
the public to use the U.S. South Breakwater, the U.S. South
Revetment and U.S. South Pier for passive recreation, including
the viewing of the waterway, bird watching and general enjoyment
of the environment. To support these activities, various
improvements have been installed on the premises, which include
benches, informational signs, a portion of a picnic/viewing
shelter, trash containers and the interconnection of walkways and
pathways from two city parks to the USACE Navigation Structures.
In addition, the Lessee operates and maintains pier safety
devices consisting of life rings, call boxes, signs and related
appurtenances on the U.S. North and South Breakwaters.
b. All construction and activities on the premises, including the
plans and specifications for all structures must be coordinated
with and approved by the USACE Grand Haven Resident Office. The
point-of-contact for coordination is Elizabeth Wilkinson,
Resident Engineer (telephone 616-240-7989) and can also be
reached by email at elizabeth.n.wilkinson@usace.army.mil. This
review is required to ensure that the Lessee's activities and use
of the site is consistent with the purpose and integrity of the
Muskegon Harbor Federal Navigation Project, and is not intended
as a detailed engineering review. The Federal government assumes
no responsibility or liability for the technical sufficiency of
the Lessee's plans or construction."
c. The Lessee will remove a monument provided by the Louis and
Ann Eklund Foundation, which had been previously located near the
center of the U.S. South Breakwater. If the Lessee intends to
display the monument on the U.S. South Breakwater again in the
future, the placement, location, and construction would require
coordination with and approval by USACE as outlined in
Condition No. 36b.
d. The Lessee is authorized to construct, operate, and maintain
pier safety devices, such as life rings, call boxes, lights, and
control systems on both the U.S. North and South Breakwaters.
Appropriate safety measures must be employed during all work or
maintenance activities performed by the Lessee.
e. Through a Letter of Permission, dated 23 July 2007, the
following condition has been made part of the Lease: The City of
Muskegon has been given the right to manage the U.S. Government
Moorage Basin along the U.S. South Revetment. This includes the
Page 15 of 17
Lease No. DACW35-l-16-3003
moorage of the USS Silversides and the USCGC McLane. The Great
Lakes Naval Memorial and Museum, located on the adjacent non-
Federal property, is managed through an agreement between the
museum and the City of Muskegon.
f. Through the terms under Department of the Army Real Estate
Permit No. DACW35-4-01-3003 issued to National Oceanic and
Atmospheric Administration (NOAA), the Secretary has authorized
the moorage of NOAA's vessels along the western side of the U.S.
Moorage Basin.
g. The Lessee's activities must not degrade the condition of the
premises or cause a situation that would interfere with the
operations and maintenance of the Federal project, including the
access to the USACE Navigation Structures.
h. The premises shall be routinely maintained in good order and
in a clean and safe condition for public usage. All debris and
litter must be picked up following events, concerts, and public
gatherings.
i. This lease (DACW35-l-16-3003) supersedes the former
Department of the Army Lease (DACW35-1-91-3004), which was valid
from 1 October 1991 through 30 September 2016.
Page 16 of 17
Lease N:J . DACW35-l-16-3003
IN WITNESS WHEREOF I have hereunto set my hand by authority/
direction of the Secretary of th~ Army____t__his ____day of September
2022
CITY OF MUSKEGON, MICHIGAN
~ -e)- -
Ken Johnson
(printed name)
Mayor, City of Muskegon
(title)
September 'n_, 2022
(date)
BY AUTHORITY OF THE
SECRETARY OF THE ARMY
Michael B. Rohde
Chief, Real Estate
Real Estate Contracting Officer
Buffalo, Chicago , and Detroit Districts
Page 17 of 17
DEPARTMENT OF THE ARMY LEASE DACW35-1-16-3003
MUSKEGON HARBOR
FEDERAL NAVIGATION PROJECT
EXHIBIT "A"
(SHEET 1 OF 3)
DEPARTMENT OF THE ARMY LEASE DACW35-1-16-3003
CORPS OF ENGINEERS
12
35 12
UPSTR£A/J LIMIT OF
STATE PARI( F£0£RAl PROJ£CT
.,.
U.S. NORTH BREAKWATER
USKEGON
!JS
9 46
4!J
/8
MUSKEGON
/3
COUNTY
25
l E
M I C H I G A
I.GLD ELEV. 576.8'
21 /7 12
LEGEND
WATERFRONT OWNERSHIP
SHOWtt THUS ~
(0) "mo1CA1ES OWNER
f. SAND PRODUCTS CORP. MOOAUIG (0)
'4, GRAND 7RUIIK RY. OPEH DOCK (0)
s. SOCOU'i-YACUUM OIL CO, PIER (0l
61'\. QULF REFIHINB co. (0)
i:;o. MusKeaOH 11rftt·n TERLIINAL conP. (0)
n. srAim•~."no
. 01L Co. DOCK (0)
IIA,
0
1JIC HIOA"11 FOIJNDnY co. (0)
10, wesi MICHIGAN DOCK a UARKET co (0)
ACTS AUTHOilIZING DOCUlJENTS
10A. uuaKEGo'ri o'ocx: .a. FUEL co. (0)
JUNE lJ, 1902 u. noc. 1 o~, 56th CONG. , 2d SEss. VICINITY MAP
12. cOnnnE•tfr AL MorOns conP. oocu (0)
aARCH 3 1 1925 H, DOC. 494, 67th CONG., lith S£5S. SCALE OF UILES
12A, coNsUi:,ens roWEA-c'ooe PLANT oocK (0)
AUGUST JO, 1935 RIVERS AND HARBORS COHHITIEE DOC. 64, 100 • l!O. 1110
ae. .-.unoRA 01is co, (0) 75th CONG, 1 1st S£SS,
13, Nf.PH-s·ciL REFINING ~o. PIER (0) OCTOBEn 2J, 1962 ll. DOC. 474, 87tl1 COSG, 1 2d SESS,
NOTES
Projecl deplhs, soundings ond elevmfons ar~ referred to
lolernallonal Great L._akes Daium l 1955) for Lake Michigan, ell!\latlon
576-Bfl. above Mean Waler Level (M.W.L)ol Father Point, Quebec.
@ lndicales Slate Routes.
(?9 1ndlcotes Coulion Signs
:MUSKEGON HARBOR,
:MICHIGAN
In 4 Sheets $heel No.I
LA KE
Scale of Feet
500 0 500 l000 1500 2000
LOCATION MAP U.S. ARMY ENGINEER DISTRICT, DETROIT
SCALE ·oF FEET
e.,ooo 10,000 15 1 000 SEPTEMBER 30, 19ll6
')
* U.S. GOVERNMENT PRINTING OFFICE 1986-644-211! RSG56
EXHIBIT "A"
(SHEET 2 OF 3)
MUSKEGON HARBOR FEDERAL NAVIGATION CHANNEL
U.S. SOUTH REVETl\l!IENl~ , - Fishing/Viewing Plat(orm
C
m
-0
)::,
~
$
m
z
-I
0
"'i'i
-I
:::c
m
)::,
;:o
$
-<
r
m
~
m
~
cnm
I)< ~
CJ'i
m:x:
m_ I
...:,.
-lm I
...:,.
w-"
o"-li
O')
I
w
"Tl :: i.tA!Oll'l lPt~"- · 0
w
...__,, ►::! PICNIC/VIEWING SHEL'rm 0
w
JmID FISHING/VlEWING
"::no,sc.;e;.11,,.e-
r(l ,,
15°Trn
1,r,0°
1. I PLATFORM l1roR PERE
MARQUETTE ll?ABK
MUSKEGON lffillRBORu fill
....
Affinnative Action
(231 )724-6703
MUSKEGON
FAX (231)722-1214
Assessor/
Equalization Co.
(231)724-6386
FAX (231)724-1129
Cemetery/Fores try
(231 )724-6783
FAX (231)724-4188
West Michigan's Shoreline City
www.shorelineclty.com
City Manager
(231)724-6724
FAX (231)722-1214
Clerk
(231)724-6705 PLAN OF RECREATION DEVELOPMENT AND MANAGEMENT
FAX (231 )724-4178
Comm. & Neigh.
Services
CITY OF MUSKEGON - PERE MARQUETTE PARK
(231 )724-6717
FAX (231)726-2501
Computer Info.
Technology
(231)724-4126 Current Development
FAX (231)722-4301
• South Revetment "Channel Walkway" (length approx. 3,880 FT)
Engineering • South Breakwater "South Arm" (length approx. 3,020 FT)
(231)724-6707
FAX (231)727-6904 • North Breakwater "N01ih Arm" (length approx .. 3,060 FT)
Finance
(231 )724-6713 The leased area, including three (3) independent structures, The South Revetment and The South
FAX (231)726-2325 Breakwater of the Muskegon Harbor Federal Navigation Project, share public use management
Fire Department objectives. The public is authorized to use the U.S. South Breakwater and South Revetment for passive
(231 )724-6795
FAX (231)724-6985
recreation, including the viewing of the waterway, bird watching and general enjoyment of the
environment The U.S. North Breakwater is not intended for public use and the lease agreement covers
Human Resources
Co. (Civil Service) the installation, operation and maintenance of life saving equipment on the structure that is maintained
(231 )724-6442 by the lessee.
FAX (231)724-6840
Income Tax Both south structures are adjoining the City of Muskegon public park space (area approx. 27.5 acres).
(231) 724-6 77 0
FAX (231)724-6768 The adjacent public park space contains areas for parking, picnicking, restrooms, playgrounds, and
Mayor's Office
public beach access. Access walkways were previously established, connecting public park space to
(231)724-6701 both leased structures.
FAX (231)722-1214
Planning/Zoning The n01ih structure is adjoined by Muskegon State Park which maintains a separate recreation
(231 )724-6702
FAX (231 )724-6790 development and management plan with the USACE.
Police Department
(231)724-6750 Existing Improvements
FAX (231)722-5140
To supp01i the public use activities various improvements have been installed on the premises, which
Public Works include benches, information signs, a p01iion of a picnic/viewing shelter, trash containers and the
(231)724-4100
FAX (231)722-4188 interconnecting walkways and pathways from the adjacent city parks. In addition the City of Muskegon
operates and maintains pier safety devices consisting of life rings, call boxes, signs and related
SafeBuilt
(Inspections) appmienances on the U.S. South Breakwater and pier lighting devices on the U.S. North Breakwater.
(231)724-6715
FAX (231)728-4371
Further the City of Muskegon has been given the right to manage the U.S. Government Moorage Basin
Treasurer
(231 )724-6720 along the U.S. South Revetment at the Harbor. This includes the moorage of the USS Silversides and
FAX (231)724-6768 the USCGC McLane. The Great Lakes Naval Memorial and Museum, located on the adjacent non-
Water Billing Federal property, is managed through an agreement between the Museum and the City of Muskegon.
(231 )724-6718
FAX (231)724-6768
EXH IBIT "8"
Water Filtration (Sheet 1 of 2)
(231)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
MUSKEGON
West Micl1igan's Shoreline City
www.shorelinecity.com
Future Developments
The City of Muskegon will continue to manage the adjacent park properties in accordance with their Master Plan. Several
improvements are possible in future years on the adjacent city owned park land. No future developments are cunently
planned for the two structures.
Maintenance Responsibilities
The lease will authorize the continued construction, operation, and maintenance of the devices listed above on all three
structures.
The City will remove a monument provided by the Louis and Ann Eklund Foundation, which had been cunently placed
near the center of the U.S. South Breakwater to facilitate a construction project. There is a possibility to continue to
display the monument after the project is completed, with the placement location and construction coordinated with the
Corps of Engineers Lake Michigan Area Office.
The City of Muskegon Parks Department maintains the park areas adjacent to the south structures throughout the year,
with additional seasonal employees hired specifically for the park during the summer months. Maintenance includes-
litter pick up, emptying of trash containers, sand management, as well as the general minor maintenance needs of the
park.
Duration of Operation & Supervision
Pere Marquette Park and Margaret Drake Elliot Park are adjacent to the southern structures and are open from 5:00 a.m.
to 11 :00 p.m. daily throughout the year. City of Muskegon police assists in the enforcement of City ordinances and park
rules and regulations in these areas.
EXHIBIT "B"
(Sheet 2 of 2)
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
Lease No. DACW35-l-16-3003
City of Muskegon
Muskegon Harbor Federal Navigation Project
ENVIRONMENTAL CONDITION OF PROPERTY
STATEMENT OF FINDINGS (SOF)
1. Real Property Transaction: A Department of the Army Lease with the City of Muskegon,
Michigan, for continued park and recreational use of Federal property under the administrative
jurisdiction of the Department of the Army at the Muskegon Harbor Navigation Project. The
proposed lease is described in the first paragraph of the attached Environmental Condition of
Property (ECP).
2. Purpose: The ECP is a record documenting the history of the property with regard to the
storage, release, or disposal of hazardous substances on the propeity. It establishes the levels and
types of hazardous substances, if found, on the site at the time of conveyance.
3. Summary: An ECP report, consisting of a comprehensive records search and review of
photos was performed for the proposed lease. Real estate records, including previous utilization
and compliance inspection reports, and all environmental reports at the site were reviewed. The
data obtained during this review is summarized on the attached ECP.
4. Findings: There is no evidence that this site has experienced the disposal or release of
hazardous substances. In addition, there is no evidence that the "threshold" for reporting the
storage of hazardous substances.has been exceeded.
i -
lJ__
Andrew M. Shelton (date)
Chief, Technical Branch
Real Estate Contracting Officer
Buffalo, Chicago, and Detroit Districts
I concur with the Environmental Findings of the attached ECP.
CITY OF MUSKEGON, MICHIGAN
September I).7 ,2022
BY: ~
(signature and date)
Ken Johnson, Mayor of the City of Muskegon
(printed name and title)
Exhibit "C"
Page 1 of 5
Lease No. DACW35-l-16-3003
City of Muskegon
Muskegon Harbor Federal Navigation Project
ENVIRONMENTAL CONDITION OF PROPERTY (ECP)
FOR THE PROPOSED REAL ESTATE LEASE
1. Proposed Outgrant Action:
The proposed lease renewal is for continued public park and recreational activities at the
Muskegon Harbor Federal Navigation Project, Michigan. The recreational activities on the
premises include the U.S. South Breakwater and Revetment. The public is authorized to use the
Federal navigation structures for passive recreation, including the viewing of the waterway, bird
watching and general enjoyment of the environment. To support these activities, various
improvements have been installed on the premises, which include benches, informational signs, a
portion of a picnic/viewing shelter, trash containers and the interconnection of walkways and
pathways from two city parks to the Federal Navigation Structures. In addition, the Lessee
operates and maintains pier safety devices consisting of life rings, call boxes, signs and related
appmienances on the U.S. N01ih and South Breakwaters.
The City of Muskegon manages the U.S. Government Mooring Basin along the U.S. South
Revetment which includes moorage of the USS Silversides and the USCGC McClane. The Great
Lakes Naval Memorial and Museum, located on the adjacent non-Federal prope1iy, is managed
through an agreement between the Museum and the City.
2. A Records Search (included a review of the following):
a. Executive Order Report (E.O. 12512 Rep01i), GSA Control #9600-09830. 1 April 1991
b. Muskegon Harbor, Detailed Utilization Report, U.S. Army Corps of Engineers,
September 1996.
c. Report of Compliance, Inspection of Army and Air Force Property Occupied Under
Lease, License, Easement or Permit, 30 September 1986.
d. Audited Real Estate Prop·e1iy Maps of September 1929, 15 October 1936, 1 January 1943.
e. "Federal Owned Land at the U.S. South Breakwater Connector." Informational Audit and
Recommendations, Real Estate Offices, 12 May 2016.
f. Environmental Assessment, Maintenance of Existing Structures, Detroit District Corps of
Engineers, August 197 8.
g. Design Memo, Rehabilitation of South Breakwater, Detroit District Corps of Engineers,
February 1983
h. Enviromnental Assessment, Rehabilitation of North and South Breakwaters, Detroit
District Corps of Engineers, June 1984.
Exhibit "C"
Page 2 of 5
Lease No. DACW35-l-16-3003
City of Muskegon
Muskegon Harbor Federal Navigation Project
i. Preliminaiy Assessment Screening and Availability Report, Detroit District, 3 June 1992.
j. Programmatic Agreement between the United States Army Corps of Engineers, Detroit
District and the Michigan State Historic Preservation Officer Regarding the Operation and
Maintenance of Federal Navigation Structures, Michigan. 9 Jan 18
3. Review of Photos and Site/Utilization Inspections:
a. 56 CE-M, 3-26 thru 3-28, taken 17 August 1984
b. MDNR 24-287 thru 24-289, taken 7 April 1988
c. JZS 8 thru 14, taken April 1988
d. Aerial Photos using Bing Maps and Google Maps were both reviewed on March 5, 2013 and
on August 19, 2013.
e. Aerial photos using Bing Maps and Google Maps were both reviewed on May 6, 2015.
f. Available historical aerial photos (from 1992-2016) were also viewed using Google Eatih
on the same date.
g. Ground photos were taken by Real Estate personnel during site/utilization inspections on
the following:
(1) 28 November 2001
(2) 25 August 2003
(3) 18 July 2006
(4) 21 Sept 2009
(5) 6 May 2010
(6) 30 July 2015
(7) 11 July 2018
(8) 1 June 2019
Exhibit "C"
Page 3 of 5
Lease No. DACW35-l-16-3003
City of Muskegon
Muskegon Harbor Federal Navigation Project
4. Based on a record search, review of aerial photos, site inspection and knowledge of the
project area, the following information is provided:
a. General Site Information:
Muskegon Harbor is the largest port on the eastern shore of Lake Michigan. The harbor is located at
the entrance channel to Muskegon Lake. Muskegon is an industrial center and handler of many
diversified goods, including overseas cargo, and has become one of Western Michigan's gateway to
the trade centers of the world. Muskegon is directly east across Lake Michigan from Milwaukee,
Wisconsin. Recreational boating and tourism are also major sources of income for the local
economy.
b. Current Use and Site History:
The mission and purpose of the Muskegon Harbor Project is commercial navigation on the Great Lakes
and com1ecting channels (Navigable Waters of the United States). The Muskegon Harbor Project is
adopted by various Rivers and Harbors Acts from 13 June 1902 through 23 October 1962. The project
provides an exterior basin in Lake Michigan protected by two converging breakwaters with shore
connections. The south and north breakwaters are 3,075 and 3,064 feet in total length, respectively.
Revetment, imler piers and navigational channel extending from Muskegon Lake into Lake Michigan,
and a mooring basin are also provided.
Land Use: There is a total of 8.93 fee acres, 9.741 acres of perpetual easement area, and a 0.73 acre
special use area located at the project.
The proposed lease renewal is for continued public park and recreational activities on the U.S.
South Breakwater and Revetment, the U.S. North Breakwater, and a small tract of Federal fee
land adjacent to the U.S. South Breakwater. The public is authorized to use the Federal
navigation structures for passive recreation, including the viewing of the waterway, bird
watching and general enjoyment of the environment. To supp01i these activities, various
improvements have been installed on the premises, which include benches, informational signs, a
po1iion of a picnic/viewing shelter, trash containers and the interconnection of walkways and
pathways from two city parks to the Federal Navigation Structures
The Lessee operates and maintains pier safety devices consisting of life rings, call boxes, signs
and related appmienances on the N01ih and South U.S. Breakwaters.
In addition, on the N01ih Side of the Navigation Project, the Corps of Engineers has authorized the
State of Michigan Department of Natural Resources to use and occupy approximately 1.78 acres
of Federal prope1iy for public park and recreational purposes along the N01ih Revetment. The
current lease (W911XK-1-13-3001) authorized the continuation of the former Park and Recreation
Lease and to docmnents the updated improvements in the Lease along Corps' prope1iy and
strnctures.
Exhibit "C"
Page 4 of 5
Lea s e No . DACW3 5 -1 - 16 -3 00 3
Ci t y o f Mu s k e g on
Mu skegon Ha rbo r Fe de r a l Navi g a tion Pr oj ec t
5. Environmental Findings:
There is no evidence that this property has been a site of disposal or release of any hazardous
substance(s). In addition, there is no evidence that the "threshold" for reporting the storage of
hazardous substances has been exceeded.
LJ HLARI K.(HARLES Digitally signed by
\ LJHLARIK.CHARLES.A.1230382715
.A.1230382715 ,/ Date:2019.11.2616:35:25-05'00'
{ :•·
Charles A. Uhlarik (date)
Chief, Environmental Analysis Branch
Detroit District
STANICK • Ro BER STANICK.ROBERT.L.1100001027
Digitally signed by 1
T. L.11 00001 0 27 !~~6b~Ol 9.11.27 08:28:20
/:/
Robe1t L. Stanick (date)
Area Engineer
Lake Michigan Area Office
Detroit District
/Uu2 1 Mio/
(date)
Real E ice
Buffalo, Chicago and Detroit Districts
Shawn S. Sanchez, M.S. (date)
Realty Specialist
Real Estate Division
Buffalo, Chicago and Detroit Districts
Exhibit "C"
Page 5 of 5
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