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CITY OF
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 10, 2025 Title: Harbor 31 Development and
Reimbursement Agreement
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
Harbor 31 Hotel is seeking approval of their development and reimbursement agreement for their
hotel at 181 and 201 Viridian Dr.
Detailed Summary & Background:
The draft Development and Reimbursement Agreement between the Brownfield Redevelopment
Authority (BRA), the City of Muskegon, and the developer extends through 2047 or until all eligible
activities have been reimbursed through tax increment financing (TIF) capture, whichever occurs first.
Brownfield Plan Amendment #1 was presented to the BRA on November 10, 2025, to incorporate
state school tax capture for reimbursement of eligible non-environmental activities. The BRA
approved the development and reimbursement agreement at their November 10, 2025 meeting.
The Development and Reimbursement Agreement complements the Brownfield Plan Amendment by
defining the specific terms, conditions, and timeline for reimbursement.
Goal/Action ltem:
2027 Goal 2: Economic Development Housing and Business - Progress toward new and ongoing
economic development projects
Is this a repeat item?:
Explain what change has been made fo justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A ||
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A ||
Recommended Motion:
| move to approve the Development and Reimbursement Agreement for Harbor 3] Hotel as
presented and to authorize the Mayor and City Clerk to sign.
Approvals: Name the Policy/Ordinance Followed:
Act 381, Public Acts of Michigan, 1996, as
DEVELOPMENT AND REIMBURSEMENT AGREEMENT
This DEVELOPMENT AND REIMBURSEMENT AGREEMENT (the “Agreement’)
is made on November 10, 2025, by arid among the CITY OF MUSKEGON BROWNFIELD
REDEVELOPMENT AUTHORITY, a Michigan public body corporate whose address is
933 Terrace Street, Muskegon, Michigan 49443 (the “Authority”), the. CITY OF
MUSKEGON, a public body corporate whose address is 933 Terrace Street, Muskegon,
Michigan 49443 (the “City”), and Lakeshore Hotel Partners, LLC, a Michigan limited
liability company whose address is 2325 Belmont Center Drive NE, Belmont, Michigan
49306 (the “Developer’). - ;
RECITALS
A. Pursuant to P.A. 381 of 1996, as amended (“Act 381”), the Authority
approved and recommended a Brownfield Plan which was duly approved by the City (the
“Plan’), The Plan was amended on December 10, .2024 (the “Amendment,” and,
together with the Plan, the “Brownfield Plan” — See Exhibit A) to identify the construction
of a five-story hotel with 126 hotel rooms. The Plan Amendment was amended on
November 10, 2025, to allow for the state tax capture of eligible non-environmental
; So
activities.
B.. The Brownfield Plan and Amendment includes specific eligible activities
associated with the Developer’s plan to develop land located at 181 & 201 Viridian Drive
in Muskegon, Michigan (collectively, the “Developer Property’).
C. The Developer is in the process of acquiring the Developer Property, which
is included.in the Brownfield Plan as an “eligible property” because it was determined to
be a “facility”, as defined by Part 201 of the Natural Resources and Environmental
Protection Act (“Part 201”), or adjacent and contiguous to an “eligible property.”
D. The Developer intends to conduct eligible activities on the Developer
Property including the construction of a five-story hotel with 126 hotel rooms, 146 parking
spaces, and two elevators. Amenities include two meeting rooms, an indoor pool, a gym,
and a restaurant and bar on the fifth floor along with an outdoor patio and dining (the
“Project”), including department specific environmental activities, site preparation, a
15% contingency, 5% simple interest and brownfield plan preparation/implementation, as
described in the Amendment to the Brownfield Plan, with an estimated cost of $2,194,878
(the “Developer Eligible Activities”). All of the Developer Eligible Activities are eligible
for reimbursement under Act 381. The total cost of the Eligible Activities, including
contingencies and interest, are $2,194,878 (the "Total Eligible Brownfield TIF Costs’).
E, Act 381 permits the Authority fo capture and use local and certain school
property tax revenues generated from the incremental increase in property value of a
redeveloped brownfield site constituting an “eligible property” under Act 381 (the
“Brownfield TIF Revenue’) to pay or to reimburse the payment of Eligible Activities
conducted on the “eligible property.”. The Brownfield TIF Revenue will be used to
reimburse the Developer for the Developer Eligible Activities incurred and approved for
the Project. ;
F. .. In accordance with Act 381, the parties desire to establish the procedure for
using the available Brownfield TIF Revenue generated from the Property to reimburse the
Developer for completion of Eligible Activities on the Propertyin an amount not to exceed
the Total Eligible Brownfield TIF Costs.
NOW, THEREFORE, the parties agree as follows:
4. Reimbursement Source,
(a) During the Term (as defined below) of this Agreement, and: except as set
forth in paragraph 2:-below, the Authority: shall reimburse the Developer for the costs of
their Eligible Activities-conducted on the Developer :Property from the Brownfield TIF
Revenue collected from the real and taxable personal property taxes on the Developer
Property. The amount reimbursed to the Developer for their Eligible Activities shall not
exceed the Total Eligible Brownfield TIF Costs, and reimbursements shall be made on
approved .costs submitted and’ approved in connection with the ‘Developer Eligible
Activities, as follows: - ; ;
(i ) the Authority shall pay 100% of available Brownfield TIF Revenue (except
the TIF Management Administrative Fee outlined in Section 1 (a)(ii)), to Developer
to reimburse the cost of the Developer Eligible Activities submitted and approved
for reimbursement by the Authority until Developer is fully reimbursed; and
(ii) 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.
(b) The Authority shall capture Brownfield TIF Revenue from the Property and
reimburse the Developer for their Eligible Activities until the earlier of the Developer being
fully reimbursed or December 31, 2044. Unless otherwise prepaid by the Authority,
payments to the Developer shall be made on a semi-annual basis as incremental local
taxes are captured and available. )
(c) Following reimbursement of all amounts due the Developer and all amounts
payable to the Authority as Administrative Costs from applicable Tax Increment
Revenues, additional tax increment revenues will be deposited into the local brownfield
revolving fund (LBRF) for five full years, which is accordance with Section 13(5) of Act
381, which limits such deposits to be made for no more than 5 years after the time that
capture is required to pay the Eligible Costs.
2. Developer Reimbursement Process,
(a) | The Developer shall submit to the Authority, not more frequently than on a
quarterly basis, a “Request for Cost Reimbursement" for Developer Eligible-Activities paid
for by the Developer during the prior period. All costs for the Developer Eligible Activities
must be consistent with the approved Brownfield Plan. The Developer must include
documentation sufficient for the Authority to determine whether the costs incurred were
for Developer Eligible Activities, including detailed invoices and proof of payment. Copies
of all invoices for Developer Eligible Activities must note-what Developer Eligible Activities
they support. ms ,
(b) Unless the Authority disputes whether such costs are for Developer Eligible
Activities within thirty (30) days after receiving a Request for Cost Reimbursement from
the Developer; the Authority shall pay the Developer the amounts for which submissions
have been made pursuant to paragraph 2(a) of this Agreement in accordance with the
priority set forth in paragraph 1, from which the submission may be wholly or partially paid
from available Brownfield TIF Revenue from the Developer Property.
(i) |. The Developer shall cooperate with the Authority's review of its
Request for Cost Reimbursement by providing supplemental information and
documentation which may be reasonably requested by the Authority. .
(ii) lf the Authority determines that requested costs are ineligible for
reimbursement, the Authority shall notify the Developer in writing of its reasons for
_ such ineligibility. within the Authority's thirty (30) day period of review. The
Developer shail then have thirty (30) days to provide supplemental information or
documents to the Authority demonstrating that the costs are for Developer Eligible
Activities and are eligible for reimbursement.
—(c) Ifa partial payment is made to the Developer by the Authority because of
insufficient Brownfield TIF Revenue captured in the semi-annual period for which
reimbursement is sought, the Authority shall make additional payments toward the
remaining amount within thirty (30) days of its receipt of additional Brownfield TIF
Revenue from the Developer Property until all of the amounts for which submissions have
been made have been fully paid to the Developer, or by the end of the Term (as defined
below), whichever occurs first. The Authority is not required to reimburse the Develope
from any source other than Brownfield TIF Revenue.
(d) The Authority shall send all payments to the Developer by registered or
certified mail, addressed to the Developer at the address shown above, or by electronic
funds transfer directly to the Developer's bank account. The Developer may change its
address by providing written notice sent by registered or certified mail to the Authority.
4A Term of Agreement.
The Authority's obligation to reimburse the Developer (and the Authority) for the
Total Eligible: Brownfield TIF Costs incurred by each party under this Agreement shall
terminate the earlier of the date when all reimbursements to the Developer required under
this Agreement have been made or December 31, 2044 and the five additional years
(post developer reimbursement) of TIF capture for reimbursement into the LBRF have
been made or December 31, 2048 (the “Term’). If the Brownfield TIF Revenue ends
before all of the Total Eligible Brownfield TIF Costs have been fully reimbursed to the
Developer, the last reimbursement. payment by the Authority shall be paid from the
summer and. winter tax increment: revenue collected during the final year of this
Agreement. - ,
5. Adjustments.
lf, due to an appeal of any tax assessment or reassessment of any portion of the
Developer Property, or for any. other reason, the Authority is required to reimburse any
Brownfield TIF Revenue 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 to the Developer, If all amounts due to the.Developer under this
Agreement have been fully paid or the Authority is no longer obligated to make any further
payments to the Developer, the Authority shall invoice the Developer for the amount of
such reimbursement and the Developer shall pay the Authority such invoiced amount
within thirty (30) days of the receipt of the invoice. Amounts withheld by or invoiced and
paid to the Authority by the Developer pursuant to this paragraph shall be reinstated as
Developer Eligible Activities, respectively, for which the Developer shall have the
opportunity to be reimbursed in accordance with the terms, conditions, and limitations of
this Agreement. Nothing in this Agreement shall limit.the right of the Developer
to appeal
any tax assessment. In the event of a tax appeal, the tetm of the Plan made be extended
to cover the capture of eligible activities, but in all cases cannot extend beyond 30 years
from the initial date of capture.
6. Legislative Authorization.
This Agreement is governed by and subject to the restrictions set forth in Act 381.
lf 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
Developer's rights and the Authority's obligations under this Agreement shall be modified
accordingly as required by law, or by agreement of the parties.
7. Notices.
All notices shall be given by registered or certified mail addressed to the parties at
their respective addresses as.shown above. Any party may change the address by
written notice sent by registered or certified mail to the other party.
8. Assignment.
This Agreement and the rights and obligations under this Agreement shall not be
assigned or otherwise transferred by any party without the consent of the other party,
which shall not be unreasonably withheld, provided, however, the Developer may assign
their interest in this Agreement to an affiliate without the prior written consent of the
Authority if such affiliate acknowledges its obligations to the Authority under this
Agreement upon assignment in writing on or prior to the effective date of such
assignment, provided, further, that the Developer may each make a collateral assignment
of their share of the Brownfield TIF Revenue for project financing purposes. As used in
this paragraph, “affiliate” means any corporation, company, partnership, limited liability
company, trust, sole proprietorship or other entity or individual which (a) is owned or
controlled by the Developer, (b) owns or controls the Developer or (c) is under common
ownership or control with the Developer, This Agreement shall be binding upon and iinure
to the benefit of any successors or permitted assigns of the parties.
9. Entire Agreement.
This Agreement supersedes all agreements previously made between the parties
relating to the subject matter. There are no other understandings or agreements between
the parties.
10. Non-Waiver.
No delay or failure by either party to exercise any right under this Agreement, and
no partial or single exercise of that right, constitutes a waiver of that or any other right,
unless otherwise expressly provided herein.
41. Governing Law.
This Agreement shall be construed in accordance with and governed by the laws
of the State of Michigan. —
12. Counterparts.
This Agreement may be executed in two or more counterparts, each of which shall
be deemed an original but all of which together shall constitute one and the same
instrument.
[Signature page follows]
The parties have executed this Agreement on the date set
forth above.
CITY OF MUSKEGON BROWNFIELD
REDEVELOPMENT AUTHORITY
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By: me leh an Boones
Its: Q hay
CITY OF MUSKEGON
Its: 7H ayor
By: ee
Its: Cay Une
19886336-2
Signature Page to Development and Reimbursement Agreem
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