Approved Agreements and Contracts 2024/08/13 Obsolete Property Certificate Shaw Walker

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                            Agenda Item Review Form
                           Muskegon City Commission

Commission Meeting Date: August 13, 2024              Title: Public Hearing - Request to issue an
                                                      Obsolete Property Certificate, Shaw Walker
                                                      Opportunity Zone Business 2, LLC- Building 4, 920
                                                      Washington Ave.


Submitted by: Contessa Alexander, Development | Department: Economic Development
Analyst


Brief Summary:
Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Shaw Walker Opportunity Zone
Business 2, LLC, has requesting the issuance of an Obsolete Property Certificate at 920 Washington
Ave. to support further development.


Detailed Summary & Background:
The developer is requesting the issuance of an Obsolete Property Certificate for Building 4 at 920
Washington Ave. If granted, the property taxes would be frozen at the pre-rehabilitation rate for the
duration of the certificate. The Obsolete Property Rehabilitation District for this property was
established on July 12, 2016.


The project involves converting the first floor of Building 4 into commercial retail space available for
lease. The developer aims to attract businesses such as restaurants, markets, fitness centers, daycare,
hair salons, massage therapists, and others that will complement the residential components of the
building. The total capital investment is over $4 million, and the project is expected to create 200 jobs
as a result of the rehabilitation.


This project is part of the larger Shaw Walker redevelopment initiative.

Goal/Focus Area/Action Item Addressed:


Key Focus Areas:
Create an environment that effectively attracts new residents and retains existing residents by filling
existing employment gaps, attracting new and diverse businesses to the city, and expanding access
to a variety of high-quality housing options in Muskegon.


Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business


Amount Requested:                                      Budgeted Item:

N/A                                                    Yes            No            N/A | X

Fund(s) or Account(s):                                 Budget Amendment Needed:

N/A                                                    Yes            No            N/A   |X
Recommended Motion:
| move to close the public hearing and approve/deny the attached resolution for the issuance of an
Obsolete Property Certificate for Building 4 at 920 Washington Ave. and authorize the City Clerk and
Mayor to sign.


Approvals:                                         Guest(s) Invited / Presenting:
 Immediate Division
 Head                                                Yes
 Information
 Technology

 Other Division Heads

 Communication

 Legal Review
                                         CITY OF MUSKEGON
                                     MUSKEGON COUNTY, MICHIGAN

                                      RESOLUTION NO. 2024-75 (D)


A resolution approving the application for an Obsolete Property Rehabilitation Exemption Certificate by Shaw
Walker Opportunity Zone Business 2, LLC.

The City Commission of the City of Muskegon hereby RESOLVES:


Recitals

A.      The City Commission has received an Application for an Obsolete Property Rehabilitation Exemption
        Certificate from Shaw Walker Opportunity Zone Business 2, LLC, to apply to the improvements
        located in an Obsolete Property Rehabilitation District established by previous resolution. All items
        described under “Instructions” (a) through (f) of the application for Obsolete Property
        Rehabilitation Exemption Certificate have been provided to the City of Muskegon, the Qualified
        Local Government Unit, by the applicant.

        The City of Muskegon is a qualified local governmental unit as determined by STC Bulletin No. 9 of
        2000, dated July 12, 2000.


        An Obsolete Property Rehabilitation District in which the application property is located was
        established after a hearing on July 12, 2016.

        The taxable value of the property proposed to be exempt, plus the aggregate taxable value of
        properties already exempted under PA 146 of 2000 and under PA 198 of 1974, does not exceed five
         percent (5%) of the total taxable value of the City of Muskegon.

         In the event it is determined that the said taxable values do exceed five percent (5%), the City
         Commission determines further that the said exceedance will not have the effect of substantially
         impeding the operation of the City of Muskegon or impairing the financial soundness of any affected
         taxing units.

         This resolution of approval is considered by the City Commission on August 13, 2024, after a public
         hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was held on this date.

         The applicant, Shaw Walker Opportunity Zone Business 2, LLC, is not delinquent any taxes related
         to the facility.

         The exemption to be granted by this resolution is for twelve (12) years.

         The City Commission finds that the property for which the Obsolete Property Rehabilitation
         Exemption Certificate is sought is obsolete property within the meaning of Section 2(h) of Public Act
         146 of 2000 in that the property, which is commercial, is functionally obsolete. The City has received
         from the applicant all the items required by Section 9 of the application form, being the general
         description of the obsolete facility, a general description of the proposed use, a description of the
         general nature and extent of the rehabilitation to be undertaken, a descriptive list of fixed building
         equipment that will be part of the rehabilitated facility, a time schedule for undertaking and complete
         the rehabilitation, and statement of the economic advantages expected from the exemption.

         Commencement of the rehabilitation has not occurred before the establishment of the district.
        The application relates to a rehabilitation program that when completed will constitute a rehabilitated
        within the meaning of PA 146 of 2000 and will be situated within the Obsolete Property Rehabilitation
        District established by the City under PA 146 of 2000.


        Completion of the rehabilitated facility is calculated to and will, at the time of the issuance of the
        Certificate, have the reasonable likelihood to increase commercial activity and create employment; it
        will revitalize an urban area. The rehabilitation will include improvements aggregating more than ten
        percent (10%) of the true cash value of the property at the commencement of the rehabilitation.

        The City Commission determines that the applicant shall have twenty-four (24) months to complete
        the rehabilitation. It shall be completed by August 13, 2026, or two years after the Certificate is
        issued, whichever occurs later.


        That notice pursuant to statute has been timely given to the applicant, the assessor for the City of
        Muskegon, representatives of the affected taxing units and the general public.

        NOW, THEREFORE, THE CITY COMMISSION RESOLVES:

        Based upon the statements set forth in, and incorporating the recitals to this resolution, the City
        Commission hereby approves the application filed by Shaw Walker Opportunity Zone Business 2,
        LLC, for an Obsolete Property Rehabilitation Exemption Certificate, to be effective for a period of
        twelve (12) years;


        BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set forth in
        Attachment A, the legal description containing the facilities to be improved;

        BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant shall comply
        with the representations and conditions set forth in the recitals above and in the application material
        submitted to the City.


This resolution passed.


Ayes:   Kochin, St.Clair, Johnson, Kilgo, Keener, German, and Gorman

Nays:   None


                                                              CITY OF MUSKEGON



                                                     BY: OV Wheto
                                                              Ken Johnson
                                                              Mayor


                                               prttst\ Yue  “Ann Meisch
                                                              Clerk
                                            CERTIFICATE



This resolution was adopted at a meeting of the City Commission held on August 13, 2024. The meeting was
properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public
Acts of 1976.

                                                               ITY OF MUSKEGON


                                                           B          Son
                                                                        p
                                                           Ann Meisch, City Clerk
                      ATTACHMENT A: PROPERTY DESCRIPTION

Address:       920 Washington Ave (Building No. 4, ist Floor Only)


PIN#:          61-24-205-467-0001-00


Parcel Size:   5.16 Acres


Legal:         CITY OF MUSKEGON REVISED PLAT 1903 PT OF BLKS 467 AND 468 AND
               ENTIRE BLK 474 TOGETHER WITH PT OF THE C & O RR R/W IN SD BLK 467
               VAC MICHIGAN AVE BET SD BLKS 467 & 474 THE 2 VAC ALLEYS IN SD BLK
               474 DESC AS BEG ON THE N RM LN OF MICHIGAN AVE AT A POINT BEING
               N 89D 48M 11S E 549.04 FT FROM THE SW COR OF SD BLK 468 TH N 02D
               11M 01S E 7.87 FT TH S 87D 51M 37S E 111.67 FT ALG SLY LN OF A5 STY
               BLDG TH N 02D 23M 08S E 85.09 FT ALG E SIDE OF A 4 IN WALL TH S 87D
               48M 59S E 28.01 FT ALG NLY LN OF SD 5 STY BLDG TH N 02D 11M O1S E
               21.28 FT ALG SD BLDG TH N 88D 38M 32S W 12.93 FT ALG SD BLDG LN THN
               00D 42M 58S E 57.92 FT ALG SD BLDG LN TH S 88D 25M 41S E 8.43 FT ALG
               SD BLDG LN TH N 00D 42M 58S E 29.45 FT ALG SD BLDG LN TH N 88D 25M
               41S W 0.40 FT ALG SD BLDG LN TH N 01D 34M 19S E 0.30 FT ALG SD BLDG
               LN TH N 88D 25M 41S W 8.72 FT ALG SD BLDG LN THN 00D 30M 20S E 24.63
               FT TH N 82D 30M 04S W 8.71 FT TH S 00D 30M 20S W 9.53 FT TH N 83D 24M
               04S W 13.72 FT ALG SD 5 STY BLDG LN TH N OSD 23M 07S E 9.68 FT ALG SD
               5 STY BLDG LN TH N 82D 30M 04S W 112.12 FT ALG SD BLDG LN & THE
               EXTENSION TH'OF TH N 07D 28M 33S E 75.55 FT ALG SD BLDG LN & THE
               EXTENSION TH'OF TH S 82D 42M 42S E 474.11 FT ALG THE SLY R/W LN OF
               WESTERN AVE TH S 00D 01M 06S E 664.21 FT ALG THE W RAW LN OF
               DIVISION ST TH S 89D 34M 02S W 476.58 FT ALG THE N RAW LN OF
               WASHINGTON AVE TH N 00D 20M 35S W 414.17 FT ALG THE E RAW LN OF
               HUDSON ST TH S89D 48M 11S W 1.29 FT ALG THE N RAW LN OF MICHIGAN
               AVE    TO    POB   CONTAINING        304,686   SF     (6.995   AC)   EXCEPT   CITY   OF
               MUSKEGON REVISED PLAT OF 1903 PART OF BLKS 467 & 474 TOGETHER
               WITH PART OF VAC HUDSON PART OF MI AVE BOTH OF WHICH ARE BET
               SD BLKS & PART OF VAC ALLEY IN SD BLK 474 ALL OF A SECOND VAC
               ALLEY IN SD BLK 474 MORE PARTICULARLY DESC AS COM @ SW COR SD
               BLK 474 FOR POB TH N 00D 20M 35S W 414.17 FT ALG E LN OF HUDSON ST
               TH S 89D 48M 11S W 1.29 FT ALG N LN OF MICHIGAN AVE TH N 02D 11M 01S
               E 7.87 FT TH S 87D 51M 37S E 185.29 FT ALG SLY LN OF A5 STORY BLDG
               TH S 00D 06M 34S W 231.27 FT ALG W LN OF A5 STORY BLDG THN 89D 57M
               03S E 39.77 FT ALG EXPANSION JOINT BET 5 STORY BLDGS TH S 00D 00M
               258 W 182.21 FT ALG W LN OF A 10" BRICK WALL TH S 89D 34M 02S W 221
               FT ALG N LN OF WASHINGTON AVE TO POB SUBJ TO DECLARATION OF
               RESTRICTIVE        COVENANT RECOR'D            3629/083 SBJT TO        ELECTRIC LNS
               ESMT RECORD'D L/P 3630/666 DESC AS A 10FT WIDE STRIP & BEING 5 FT
               ON EA SIDE OF EA UNDERGROUND ELECTRIC LN AS CONSTRUCTED ON
               OWNER'S LAND A 30 FT WIDE STRIP OF LAND BEING 15 FT ON EA SIDE OF
               EA OVERHEAD ELECTRIC LN AS CONSTRUCTED ON OWNERS LAND

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