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WATCH Agenda Item Review Form us _ GO Muskegon City Commission Commission Meeting Date: 5/11/2021 Title: 425 Agreement Business Park North Removal Submitted By: Jake Eckholm Department: Economic Development Brief Summary: The department has gotten signatures on the purchase agreement for 902 Pine in exchange for disposition of the 425 Agreement at Business Park North. The attached resolution is to that end, per Commission instruction by motion. Detailed Summary: The attached resolution removes the City of Muskegon from the 425 Shared Jurisdiction Agreement between Muskegon County, Dalton Township, arid ourselves. The resolution is contingent on the approval of similar documents from both other parties. Amount Requested : 0 Amount Budgeted: Fund(s) or Account(s) : N/A Fund(s) or Account(s) : NIA Recommended Motion : A motion to approve the resolution as presented. For City Clerk Use Only: Commission Action : CITY OF MUSKEGON COUNTY OF MUSKEGON, MICHIGAN At a regular meeting of the City of Muskegon City Commission, held on the 11th day of May, 2021, at 5:30 p.m. PRESENT: Johnson, Gawron, Hood, Ramsey, German, Rinsema-Sybenga, and Emory ABSENT: None The following preamble and resolution was offered by Commissioner Rinsema- Sybenga and supported by Commissioner Emory. RESOLUTION NO. 2021-44(L) RESOLUTION TO TERMINATE THE CONTRACT FOR CONDITIONAL TRANSFER OF JURISDICTION BETWEEN DALTON TOWNSHIP AND THE CITY OF MUSKEGON AND DEVELOPMENT AGREEMENT BETWEEN THE COUNTY OF MUSKEGON AND THE CITY OF MUSKEGON WHEREAS, Dalton Township and the City of Muskegon entered into a Contract for Conditional Transfer of Jurisdiction ("Contract") pursuant to Public Act 425 of 1985 on September 24, 2002; WHEREAS, the County of Muskegon and the City of Muskegon entered into a Development Agreement City of Muskegon Renaissance Zone ("Development Agreement") as part of the Conditional Transfer of Jurisdiction referenced above in October of2002; and WHEREAS, the City of Muskegon hereby determines that the purpose of the Economic Development Project upon which that Contract and Development Agreement were based was not achieved, and will not in the future be achieved, by the Contract and Development Agreement as a result of the expiration of the Renaissance Zone tax credit, and that the Development Agreement and Contract have become an obstacle to development of the transferred area; and WHEREAS, Dalton Township, the County of Muskegon and the City of Muskegon desire the termination of said Contract and the Development Agreement and the City of Muskegon approves of the termination of the Contract and Development Agreement; and WHEREAS, Dalton Township, the County of Muskegon and the City of Muskegon desire the termination to take effect immediately upon the approval of all three parties; and WHEREAS, Dalton Township and the City of Muskegon both desire the transfened area to return to Dalton and its jurisdiction with no cost of infrastructure installed or financed, and no liability for debt service or indebtedness being owed by Dalton; NOW, THEREFORE, BE IT RESOLVED, that the City of Muskegon City Commission approves the termination of the Contract for Conditional Transfer of Jurisdiction between Dalton Township and the City of Muskegon dated September 24, 2002 and the Development Agreement City of Muskegon Renaissance Zone between the County of Muskegon and City of Muskegon executed in October of 2002; and BE IT FURTHER RESOLVED that the City of Muskegon City Commission approves the termination of the Contract and Development Agreement immediately upon approval of all three parties with the transferred area returning to Dalton, with no cost of infrastructure installed or financed, and no liability for debt service or indebtedness being owed by the City of Muskegon; and 2 BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized and directed to sign an appropriate agreement with Dalton Township and the County of Muskegon terminating the Contract and the Development Agreement on the terms expressed in this Resolution. AYES: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory, and Johnson NAYS: None RESOLUTION DECLARED ADOPTED. ~"-,.__~~~~;_-------"''<~,>];-~ Ann Marie Meisch City of Muskegon City Clerk STATEOFMICHIGAN ) ) ss. COUNTY OF MUSKEGON ) I, the undersigned, the duly qualified Clerk of the City of Muskegon, Muskegon County, Michigan (the "City") do hereby ce1tify that the foregoing is a true and complete copy of a resolution adopted by the Township at a regular meeting held on May 11, 2021, the original of which is on file in my office. Public notice of said meeting was given pursuant to and in compliance with Act No. 267, Public Acts of Michigan, 1976, as amended. IN WITNESS WHEREOF, I have hereto affixed my official signature this 11th day of May 2021. Ann Marie Meisch, Clerk City of Muskegon 3 AGREEMENT TO TERMINATE CONTRACT FOR CONDITIONAL TRANSFER OF JURISDICTION This Agreement is effective as of .. Tu )~ I , 2021 (the "Effective Date"), by and among the Township of Dalton, of 1616 E. Riley Thompson Road, Muskegon, Michigan 49445, the City of Muskegon, of 933 Terrace Street, Muskegon, Michigan 49440 and Muskegon County, of990 Te.rmce Street, Muskegon, Michigan 4944-2. The parties agree as follows: RECITALS WHEREAS, the Township and the City are parties to a Contract for Conditional Transfer of Jurisdiction dated September 24, 2002 (the "425 Agreement"); and WHEREAS, the County owns land subject to the 425 Agreement; and WHEREAS, on April 21, 2021, the Township's Board adopted a resolution to dissolve the 425 Agreement; and WHEREAS, on May 11, 2021, the City's Commission adopted a resolution to tei-minate the 425 Agreement and a related Development Agreement with the City of Muskegon - Renaissance Zone (the "Development Agreement"); and WHEREAS, the County wishes to have the 425 Agreement and the Development Agreement terminated. NOW, THEREFORE, the parties agtee as follows: PROVISIONS 1, The 425 Agreement is hemby terminated and dissolved effective as of the Effective Date. 2. The transfen·ed area (as described in tl1e 425 Agreement) is returned to the Township, with no cost of infrastmcture installed or financed, and no liability for debt service or indebtedness, being owed by the City or the Township. 3. The Development Agreement is hereby terminated effective as of the Effective Date. 4. This Agreement may be executed in counterparts, which taken together shall constitute one agreement. An electronic or facsimile signature on this Agreement has the force and effect of an original signature. This Agreement binds the parties and their successors and assigns. CITY OF MUSKEGON TOWNSHIP OF DALTON COUNTY OF MUSKEGON By: __~ ~ ---' -_ , ' - -, - - - - - - - -- - - By: --i- R ----'-------"-- ~ s_. ·- ·~_'✓l_ Its: _ _ _ S-:,_1.-t+-f-•e_,-_lr_1_~_1'_ _ __ Its: _ G_m~RQ ....,__C-'-(JA '-'tfh:>n '-'---'-1 --~ -'--'---- 86083 :00009:5685908-1 2
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