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‘ | \ x Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 4/25/23 Title: Anchor Insurance Parking Lot Lease for City Employee Parking Submitted By: Jake Eckholm Department: Development Services Brief Summary: With the construction of Lofts at 1021 Jefferson, the road diet on Terrace, and potential development at 122 W. Muskegon (McDonald’s Lot) there is no longer adequate parking for employees at City Hall without impacting citizen parking areas. Staff has identified a lease option for dedicated employee parking. Detailed Summary & Background: Since 2019 it has been anticipated that development and infrastructure changes around City Hall would necessitate a permanent parking amenity for city staff. The previous parking lot on 1021 Jefferson was never widely used due to the mid-block crossing on Apple Avenue to access the building. After that was constructed, most staff have parked on the diagonal spaces installed on Terrace or in the closed down McDonald’s parking lot across the street. These options are no longer sustainable either, as Terrace parking is being reoriented with the road diet and our team is actively working on redevelopment options at the McDonald’s site. Additionally, our insurance company has requested that we procure dedicated employee parking that we have site control over to reduce liability. For about 18 months staff worked to negotiate a long-term lease for parking at the St. Mary’s Catholic Church parking lot on Webster, and unfortunately both the church and the city could not get the Archdiocese in Grand Rapids to be particularly responsive to the concept. This arrangement would have been predicated on the city improving the parking lot substantially up front and then having a nominal lease payment moving forward. As we experienced difficulty dealing with the Archdiocese, we reached out to the owner of Anchor Insurance who has relocated into the former Fifth Third bank building at 877 Terrace. Mr. Jim Mines has already completely rehabbed the parking lot with resurfacing, lighting, striping, and landscaping so we would have a higher annual lease payment, but no capital project on the front end. Our annual payment will be $25,000 for the first five years for 52 spaces which equates to $1.32 per space/day. This is a competitive price for commercial leases for employee parking we have found in other markets, both for covered and uncovered lots. After the fifth year, annual rent inflation would be tied to the CPI with a cap of no more than 8% each year. Goal/Focus Area/Action Item Addressed: N/A Amount Requested: Lease value of $25,000 Amount Budgeted: N/A per year, escalated after year 5 Fund(s) or Account(s): 101, multiple Fund(s) or Account(s): N/A departments Recommended Motion: Motion to approve the lease for city parking at 877 Terrace Street and authorize the mayor and clerk to sign. Approvals: Guest(s) Invited / Presenting: Immediate Division Head [fl Information Technology L] Yes Other Division Heads Hi Communication f] |No CJ Legal Review |_| For City Clerk Use Only: Commission Action: PARKING LOT LEASE AGREEMENT This Parking Lot Lease Agreement ("Agreement") is made on this 2s day of a“pre’ __, 2023, by and between the City of Muskegon, a Michigan municipality (the "City"), and Jim Mines Real Estate Development, L.L.C., a Michigan limited liability company ("Mines Development") (collectively referred to as the 'Parties"). WHEREAS, Mines Development owns 877 Terrace Street, Muskegon, Michigan, which includes a 70-space parking lot. WHEREAS, Mines Development is willing to lease 52 parking spaces to City for City's employees exclusive use and retain exclusive use of any remaining parking spaces, as more particularly shown on the attached Exhibit A (the Premises") under the terms of this Agreement. NOW THEREFORE, the Parties do hereby agree as follows: 1, City Undertakings. The City hereby agrees to: a. Lease of 52 parking spaces for City's employee use, as shown on Exhibit A, and remaining parking spaces will be retained by Mines Development for the exclusive use of Anchor Insurance, the tenant of a building located on the Premises. b. City may, in its sole discretion and at its sole expense, install additional signage on the Premises that designates the 52 leased parking spaces as being exclusive in use, in accordance with the terms ofthis Agreement. City may also purchase and install a kiosk or other operated parking control system capable of limiting access to the 52 parking spaces leased by the City, in accordance with the terms ofthis Agreement. c. City shall plow the entire Premises as needed in the sole discretion of the City. 2. Mines Development Undertakings. Mines Development may, in its sole discretion and at its sole expense, install additional signage on the Premises that designates the parking spaces for the exclusive use of Anchor Insurance. Mines Development may also purchase and install a kiosk or other operated parking control system capable of limiting access to the parking spaces for Anchor Insurance's exclusive use, in accordance with the terms of this Agreement. 3. Term. The term of this Agreement shall be for approximately 10 years, commencing as soon as this Agreement is executed by the Parties and ending on December 31, 2033. Rent and Property Taxes. City shall pay an annual rent of $25,000 per year, payable on January 1, 2024 and the first of each calendar year thereafter. Said rent to be paid in advance. Within 30 days of execution of this agree, City shall pay rent in the amount of $68.49 per day from the date of execution through December 31, 2023, inclusive in a lump sum to Mines Development. Mines Development will pay all property taxes on the Premises, which includes the parking lot and the building leased by Anchor Insurance. Inflation of Rental Rate. Beginning with the lease payment due on January 1, 2028, City payment shall increase by the previous year’s rate of inflation according to the U.S, Bureau of Labor Statistics Consumer Price Index, not to exceed an 8% increase in any given year. Maintenance, Repair and Alterations. During the Term, Mines Development is responsible for all decoration, utility, landscaping, maintenance, repair and replacement costs of the Premises and all improvements. Insurance. Both Parties shall acquire insurance coverage and name the other as an additional assured. Each Party shall provide the other with proof of insurance in December of each year. Estoppel Certificates. Either party shall, upon request of the other, deliver an estoppel certificate to lender, bond holder or other identified interested party which acknowledges the existence or non-existence of any uncured defaults, the number of years which remain in this Agreement, and the amount of rent or other expenses currently payable. Notices. Whenever this Agreement requires any notice of any kind, it shall be in writing and delivered personally or by registered or certified mail, postage prepaid, and addressed to the Parties at their respective addresses, with notice to the City being delivered or directed to the City Clerk. Either party may change their address by like notice to the other party. Notice shall be effective upon receipt, if personally delivered, or one (1) business day after mailing, if mailed. 10. Interpretation. This Agreement shall bind and benefit the Parties and their respective successors and assigns. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Michigan. Nothing contained in this Agreement shall be deemed or construed by the Parties, nor by any third parties, as creating the relationship of principal and agent or of partnership or of a joint venture between the Parties. Whenever the Parties are required or authorized in this Agreement to exercise discretion or grant approval, the City and Mines Development shall do so in a reasonable manner, without unreasonable delay or condition. 11. Entire Agreement; Amendments. This Agreement contains the entire understanding of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings of the Parties (both written and oral) with respect to the subject matter of this Agreement. No amendment of this Agreement shall be effective unless the same is in writing and signed by the Parties, their successors or assigns. 12. Partial Invalidity. If any term, covenant or condition of this Agreement or its application to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected by such invalidity or unenforceability. 13. Assignment, Neither Party may, without written permission from the other Party, assign or in any manner transfer its obligations under this Agreement, which shall not be unreasonably conditioned, delayed or withheld. The Parties have executed this Agreement on the date first identified above. City of Muskegon, a Michigan municipality Jim Mines Real Estate Development, L.L.C. By: An Ken Johnson Its: Mayor By Qe SO rt Ann Marie Meisch Its: Clerk EXHIBIT A LEASED PREMISES Fifthimhird|BankyATiM Temporaulyiclosedh os.
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