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CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 9, 2013
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
A. Mayors Day of Recognition for National Service.
INTRODUCTIONS/PRESENTATION:
A. Medication Disposal.
CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Resolution to Support Bike to Work Week. CITY CLERK
C. 2013-14 Healthcare & Wellness Program. FINANCE
D. Environmental Program Mowing and Trash Clean-up Contract.
PLANNING & ECONOMIC DEVELOPMENT
E. 2013 Sodium Hypochlorite Water Treatment Chemical Bid. PUBLIC
WORKS
F. Request to Accept Prein and Newhof as Dredging Consultant. PUBLIC
WORKS
G. Consideration of Bids for Wickham Drive, Sherman to Glen (H-1690).
ENGINEERING
H. City – MDOT Agreement for the Reconstruction of Sherman Blvd. from
Estes to Glenside. ENGINEERING
PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate – Graphics
House. PLANNING & ECONOMIC DEVELOPMENT
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
A. Endorsement of Farmers Market Relocation. CITY MANAGER
B. Set Public Hearing for Amendment to Brownfield Plan – Terrace Point
Landing, LLC. PLANNING & ECONOMIC DEVELOPMENT
ANY OTHER BUSINESS:
PUBLIC PARTICIPATION:
Reminder: Individuals who would like to address the City Commission shall do the following:
Fill out a request to speak form attached to the agenda or located in the back of the room.
Submit the form to the City Clerk.
Be recognized by the Chair.
Step forward to the microphone.
State name and address.
Limit of 3 minutes to address the Commission.
(Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
CLOSED SESSION:
ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Cummings, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or
TTY/TDD dial 7-1-1 to request a representative to dial (231) 724-6705.
COALITION MEMBERS:
City of Muskegon Police
Department
Lakeshore Health Network
MEDICATION & SHARPS Mercy Health Partners
Mercy Health Partners’
Retail Pharmacies
COLLECTION Muskegon Community
Health Project
Muskegon County Public
Works - HHW Program
Muskegon County
FREE
:OLYPMM»Z 6MÄJL
COMMUNITY PARTNERS:
Drop off your unused or expired medications for proper
CALL 2-1-1
disposal. Properly disposing of your unused medications, both
City of Muskegon
over-the-counter and prescription, reduces risk of accidental
Coalition for a Drug Free
poisoning, environmental contamination, and misuse. Be sure Muskegon County
to mark out patient information prior to drop off. C.O.R.E.
Muskegon County
Sharps will be accepted in appropriate containers. Muskegon Fire Department
Muskegon Pharmaceutical
Access Coalition
Norton Shores Fire
Department
Norton Shores Police
Department
SATURDAY, APRIL 27, 2013 Public Health -
Muskegon County
10:00 AM–2:00 PM Senior Resources
MUSKEGON FIRE STATION BRONZE SPONSOR:
Osteopathic Foundation
(CENTRAL STATION) of Michigan
SILVER SPONSORS:
770 TERRACE STREET / MUSKEGON, MI 49440
Meridian Health Plan
of Michigan
UnitedHealthcare
Community Plan
To learn more, visit us at www.mamdp.com or call Carrie
Uthe at 231-672-3882 or Laura Fitzpatrick at 231-672-3201.
A daily medication take-back program is also available, with
locations listed on our website.
Become a fan and join the conversation on Facebook.
DISPOSE OF YOUR DISPOSE OF YOUR
NON-CONTROLLED CONTROLLED
UNUSED MEDICATIONS
UNUSED MEDICATIONS
(Includes over-the-counter items, antibiotics and medications
(Includes medications for pain, ADHD, anxiety, sleeping and so on)
for high blood pressure, heart, diabetes, asthma and so on)
Dispose of your unwanted or expired controlled medications
Benson’s Drug SavMor #17* at the following law enforcement agencies, where secure
drop-boxes have been installed, during normal business hours:
961 Spring Street / Muskegon, MI 49442 / 231-722-2861
Fruitport Police Department
Shopko Pharmacy 5825 Airline Road / Fruitport, MI 49415 / 231-865-8477
3165 Holton-Whitehall Road / Whitehall, MI 49461 / 231-894-2635
Montague Police Department
8778 Ferry Street / Montague, MI 49437 / 231-893-0810
Watkins Pharmacy
1391 E. Sherman Boulevard / Muskegon, MI 49444 / 231-739-7158 0XVNHJRQ &RXQW\ 6KHULIIâV 2IðFH 5HFRUGV
25 W. Walton Avenue / Muskegon, MI 49440 / 231-724-6351
MERCY HEALTH PARTNERS’ RETAIL PHARMACIES
0XVNHJRQ &RXQW\ 6KHULII 5RDG 3DWURO 2IðFHV
Glenside Pharmacy 1611 Oak Avenue / Muskegon, MI 49442 / 231-724-6259
1663 W. Sherman Boulevard / Muskegon, MI 49441 / 231-755-2443
Muskegon Heights Police Department
2715 Baker Street / Muskegon, MI 49444 / 231-733-8900
Hackley Professional Pharmacy*
1675 Leahy Street, Suite 111 / Muskegon, MI 49442 / 231-728-5888 Muskegon Police Department
980 Jefferson Street / Muskegon, MI 49440 / 231-724-6750
Lakes Campus Pharmacy Muskegon Township Police Department
6401 Prairie Street, Suite 1100 / Muskegon, MI 49444 / 231-727-7968 1990 Apple Avenue / Muskegon, MI 49442 / 231-777-1666
Westshore Professional Pharmacy North Muskegon Police Department
1114 Ruddiman Drive / North Muskegon, MI 49445 / 231-744-4313
1150 E. Sherman Blvd., Suite 1400 / Muskegon, MI 49444 / 231-672-2204
Norton Shores Police Department
Wolf Lake Pharmacy 4814 Henry Street / Norton Shores, MI 49441 / 231-733-2691
5483 E. Apple Avenue / Muskegon, MI 49442 / 231-788-4087
5RRVHYHOW 3DUN 3ROLFH 'HSDUWPHQW
900 Oak Ridge Road / Muskegon, MI 49441 / 231-755-3721
Whitehall Police Department
Certain restrictions apply. Ask your pharmacist for more information. 405 E. Colby Street / Whitehall, MI 49461 / 231-894-2317
*Sharps accepted in appropriate containers at these locations.
Made possible by the Environmental
Endowment Fund of the Community
www.mamdp.com www.mamdp.com
Foundation for Muskegon County.
Date: April 9, 2013
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the March 26th City
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 26, 2013
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, March 26, 2013.
Mayor Gawron opened the meeting with a prayer from Pastor Tim Cross from
the Living Word Church after which the Commission and public recited the
Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro,
Commissioners Eric Hood, Willie German, Sue Wierengo, Byron Turnquist, and Lea
Markowski, City Manager Bryon Mazade, City Attorney John Schrier, and City
Clerk Ann Marie Cummings.
2013-24 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the March 11th Commission
Worksession Meeting, and the March 12th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. 2013 Dozer Rental for Beach Leveling at PM Park. PUBLIC WORKS
SUMMARY OF REQUEST: Staff is requesting permission to enter into a rental
agreement with Michigan Cat for a Cat D6TXL Cab Dozer for leveling sand at
Pere Marquette Beach.
FINANCIAL IMPACT: Estimated cost for the 2013 Dozer rental is $9,000 (which
includes $700 for delivery and pickup).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve request.
C. One Year Janitorial Services Extension, Optional Year through April 30,
2014. ENGINEERING
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SUMMARY OF REQUEST: Extend the current janitorial services contract with
Reliant Professional Cleaning for one more year which was allowed for as an
optional year at the time the contract was bid back in 2010 to clean City Hall,
Public Service Building and the Filtration Plant areas with no change in the cost.
The contractor has submitted the request for exercising the optional year
extension and staff recommends it.
FINANCIAL IMPACT: The total annual cost of the contract (City Hall, P.D., DPW
and Filtration Plant) is $61,788.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the one year extension, optional year, with
Reliant Professional Cleaning Services to provide janitorial services until the end
of April, 2014, at City Hall, DPW and Filtration.
D. City – MDOT Agreement for the Reconstruction of: Laketon Avenue
from Wood to Getty. ENGINEERING
SUMMARY OF REQUEST: Approve the contract with MDOT for the reconstruction
of Laketon Avenue between Wood and Getty, and approve the resolution
authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MDOT’s participation is limited to the approved federal
funds of $313,000. The estimated total construction cost is $1,394,600 plus
engineering cost.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the contract and resolution authorizing the
Mayor and Clerk to sign both.
E. Liquor License Request – Pigeon Hill Brewing Company, LLC, 500 W.
Western. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Pigeon Hill Brewing Company, LLC for a
new Micro Brewer License with Dance and Entertainment Permits to be located
at 500 W. Western Avenue, #1.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
F. Amendment to the Zoning Ordinance. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Section 2326, Off-Street
Parking and Loading, of the Zoning Ordinance to lessen the off-street parking
requirements for existing buildings.
FINANCIAL IMPACT: None.
2
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended approval of the request at their March 14th meeting.
H. Acceptance of Viridian’s and Terrace Point’s Extensions into the City’s
Street System. ENGINEERING
SUMMARY OF REQUEST: Adopt the resolution accepting the extensions of
Viridian and Terrace Point Drive into the City’s street system.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adopt the resolution.
I. Permission to Donate a Retired Police Cruiser to Muskegon Area Career
Tech Center (MACTC). PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to donate a retired police cruiser, valued
at approximately $3,500 to MACTC for their training program. The City’s
donation, if approved, would be consistent with two of the City’s goals:
1. Foster Opportunities for City/Community Youth
2. Foster Strong Ties Among Governments and Community Agencies.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Both DPW and the Police Department are
recommending this donation.
J. Grand Trunk Launch Ramp Dredging. CITY MANAGER
SUMMARY OF REQUEST: To approve entering into a grant agreement(s) with the
Department of Natural Resources for funding to dredge the channel used for
the Grand Trunk Launch Ramp. Also, to authorize waiving bidding requirements
and authorize the Mayor and City Clerk to execute a dredging contract that is
in the best interest of the City.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To enter into grant agreement(s) with the
Department of Natural Resources to secure funding for dredging of the channel
used for the Grand Trunk Launch Ramp. Further, to waive any bidding
requirements and formalities and authorize the Mayor and City Clerk to enter
into necessary dredge contracts as deemed in the best interest by the City
Manager and City Attorney.
3
Motion by Commissioner Wierengo, second by Commissioner Hood to accept
the Consent Agenda as presented minus item G.
ROLL VOTE: Ayes: Spataro, German, Wierengo, Turnquist, Markowski, Gawron,
and Hood
Nays: None
MOTION PASSES
2013-25 ITEM REMOVED FROM THE CONSENT AGENDA:
G. Detective Vehicles. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase one Chevy Malibu from
Shaheen Chevrolet, the Mi Deal (state contract) awarded dealership for Chevy
and one Ford Fusion from Gorno Ford, the Mi Deal (state contract) awarded for
Ford.
FINANCIAL IMPACT: $37,969.
BUDGET ACTION REQUIRED: None, amount is what was budgeted.
STAFF RECOMMENDATION: Authorize staff to purchase new detective vehicles
from Shaheen Chevrolet and Gorno Ford.
Motion by Commissioner Turnquist, second by Commissioner Wierengo to
purchase one Chevy Malibu from Betten Chevrolet.
ROLL VOTE: Ayes: German, Wierengo, Turnquist, Markowski, and Hood
Nays: Gawron and Spataro
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Markowski to
purchase one Ford Fusion from Gorno Ford which is the lowest responsible
bidder.
ROLL VOTE: Ayes: Wierengo, Turnquist, Markowski, Gawron, Hood, Spataro, and
German
MOTION PASSES
2013-26 NEW BUSINESS:
A. Approval of Sale of City-Owned Home at 134 E. Isabella. COMMUNITY
& NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community &
Neighborhood Services Department to complete the sales transaction between
Mr. Michael D. Kelly for the Neighborhood Stabilization Program rehabilitated
home at 134 E. Isabella. Mr. Kelly will purchase it for $27,000.
FINANCIAL IMPACT: The proceeds from the sale will be used to close out the
NSP Program.
4
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to
complete the sale.
Motion by Vice Mayor Spataro, second by Commissioner German to approve
the sale of the City-owned home at 134 E. Isabella to Mr. Kelly.
ROLL VOTE: Ayes: Turnquist, Markowski, Gawron, Hood, Spataro, German, and
Wierengo
Nays: None
MOTION PASSES
B. Approval of Sale of City-Owned Home at 605 Jackson. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community
and Neighborhood Services Department to complete the sales transaction
between LaQuandra Robinson for the newly constructed home at 605 Jackson,
which is part of the City’s Neighborhood Stabilization Program through the
Michigan State Housing Development Authority Office of Community
Development and Leverage funds with the HOME Program by HUD.
FINANCIAL IMPACT: The proceeds from the sale will be returned to the NSP and
HOME Programs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to
complete the sale.
Motion by Vice Mayor Spataro, second by Commissioner Hood to approve the
sale of the City-owned home at 605 Jackson to LaQuandra Robinson for $65,000.
ROLL VOTE: Ayes: Markowski, Gawron, Hood, Spataro, German, Wierengo, and
Turnquist
Nays: None
MOTION PASSES
C. Amendment to the Renaissance Zone Development Agreement for
Highpoint Flats. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend the renaissance zone development
agreement for the Highpoint Flats apartment project at 285 W. Western Avenue
to extend the deadline for the private investment minimums until December 31,
2015.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the renaissance zone development
5
agreement amendment.
Motion by Commissioner Hood, second by Commissioner Turnquist to approve
the Renaissance Zone development agreement amendment.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Wierengo, Turnquist, and
Markowski
Nays: None
MOTION PASSES
D. Permanent Traffic Control Orders. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to remove the current Traffic Signals per
Traffic Control Orders #4-8 and remove on-street parking on Muskegon Avenue
between Jefferson and Terrace Streets and install permanent Stop Signs on the
various adjoining cross-streets.
FINANCIAL IMPACT: Cost of removal of traffic signals, pavement markings and
man-power to install signs, if approved.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve request.
Motion by Vice Mayor Spataro, second by Commissioner German to approve
the request for the permanent traffic control orders.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to Table to
the May Worksession.
ROLL VOTE: Ayes: Spataro, German, Wierengo, Turnquist, Markowski, Gawron,
and Hood
Nays: None
MOTION TO TABLE PASSES
E. S.S. Milwaukee Clipper – Letter of Support. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: The S.S. Milwaukee Clipper Preservation, Inc. Board is
seeking approval from the County of Muskegon to relocate to a permanent
location at Heritage Landing. The Board is requesting a letter of support from
the City of Muskegon.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To authorize the Mayor to send a letter of support to
the S.S. Milwaukee Clipper Preservation, Inc. Board to relocate to Heritage
Landing, providing a suitable location is identified.
Motion by Commissioner Hood, second by Vice Mayor Spataro to authorize the
6
Mayor to send a letter of support to the S.S. Milwaukee Clipper Preservation, Inc.
Board to relocate to Heritage Landing, providing a suitable location is identified.
ROLL VOTE: Ayes: German, Wierengo, Turnquist, Markowski, Gawron, Hood, and
Spataro
Nays: None
MOTION PASSES
F. Proclamation – School Spirit. CITY CLERK
SUMMARY OF REQUEST: The City Commission has directed staff to draft a
proclamation encouraging citizens to wear school colors the first Friday of each
month to show support for our area schools.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the proclamation.
Motion by Commissioner Markowski, second by Vice Mayor Spataro to approve
the proclamation of School Spirit for the City of Muskegon.
ROLL VOTE: Ayes: Wierengo, Turnquist, Markowski, Gawron, Spataro, and
German
Nays: Hood
MOTION PASSES
G. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
390 Catherine (Area 11)
1200 Ambrosia (Area 11)
1284 Pine (Area 11)
1458 Jiroch (Area 13)
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within 30 days. It
is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
7
Motion by Commissioner German, second by Vice Mayor Spataro to concur
with the Housing Board of Appeals notice and order to demolish 390 Catherine,
1200 Ambrosia, 1284 Pine, and 1458 Jiroch.
ROLL VOTE: Ayes: Turnquist, Markowski, Gawron, Hood, Spataro, German, and
Wierengo
Nays: None
MOTION PASSES
H. Liquor License Renewal – Dreamers, 978 Pine. CITY CLERK
Motion by Commissioner German, second by Vice Mayor Spataro to remove
Dreamer’s, 978 Pine from the resolution being sent to the State regarding non-
renewal of liquor licenses.
ROLL VOTE: Ayes: Markowski, Gawron, Hood, Spataro, German, Wierengo, and
Turnquist
Nays: None
MOTION PASSES
2013-27 ANY OTHER BUSINESS:
A. Resolution Authorizing S2 Grant. ENGINEERING
Motion by Commissioner Markowski, second by Commissioner Wierengo to
authorize the resolution for the S2 Grant not to exceed $160,000.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Wierengo, Turnquist, and
Markowski
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:40 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
8
Date: April 9, 2013
To: Honorable Mayor and City Commissioners
From: Finance Department
RE: 2013-14 Healthcare & Wellness Program
SUMMARY OF REQUEST: It is time to renew the City's healthcare coverage for 2013-14 plan year (6/1/13-
5/31/14). Renewal premiums for the City's current healthcare program have come in at a 5.04% increase over the
current year. Last year we experienced a 7.90% increase and in 2011-12 the increase was 8.83%. In comparative
terms, the rate increase is moderate as many employers are experiencing sharp double-digit rate increases. Also,
the City’s healthcare costs remain well below the “hard cap limits” set by PA 152 and remain cost competitive with
the standards set by EVIP for new hires. These are good independent indicators that the City’s program is cost-
effective.
For 2012-13, the City will continue to pay the HRA deductible if the employee and spouse complete the four-step
wellness initiative prior to April 30th; non-participants in the wellness program will continue to pay the first $500
(single)/ $1,000 (double/family) of the deductible.
FINANCIAL IMPACT: Following is an estimate of gross premium costs for the Priority Health HMO program
compared with the current healthcare plan year:
2013 14 2012 13
Single Double Family Single Double Family
Monthly Premium $ 432.74 $ 973.67 $ 1,168.40 $ 411.99 $ 926.96 $ 1,112.37
Rate Increase 5.04% 5.04% 5.04% 7.90% 7.90% 7.90%
Annual Premium 5,192.88 11,684.04 14,020.80 4,943.88 11,123.52 13,348.44
Current # Employees 28 41 132 35 40 134
Total Annual Premium 145,400.64 479,045.64 $ 1,850,745.60 173,035.80 444,940.80 $ 1,788,690.96
2,475,191.88 2,406,667.56
Add: HRA Deductibles Paid by City 160,000.00 140,056.47
Less: 10% Employee Premium Copays (247,519.19) ( 182,471.00)
$2,387,672.69 $2,364,253.03
Equals: Employer Cost
2013 PA 152 Hard Cap Limits PA 152 Hard Cap Limits
$ 5,692.50 $ 11,385.00 $ 15,525.00 $ 5,500.00 $ 11,000.00 $ 15,000.00
159,390.00 466,785.00 2,049,300.00 192,500.00 440,000.00 2,010,000.00
$2,675,475.00 $2,642,500.00
Full-time City employees now pay 10% of the above premium costs through payroll deduction.
BUDGET ACTION REQUIRED: Employee and retiree healthcare costs will be included in the forthcoming
2013-14 budget.
STAFF RECOMMENDATION: Authorize staff to execute documents with Priority Health to renew employee
healthcare coverage for the coming year.
1
Commission Meeting Date: April 9, 2013
Date: March 28, 2013
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Environmental Program Mowing and Trash Clean-
up Contract
SUMMARY OF REQUEST:
The contract for mowing of lots and trash clean up of public and private
properties previously held by Earth Creations LLC. had expired on
March 31, 2013. A request for bids was advertised and five companies
placed bids. Earth Creations LLC of North Muskegon is the low bidder
for a two-year agreement.
FINANCIAL IMPACT:
None - Funds budgeted for this activity.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:
To approve a 2 year contract with Earth Creations LLC. and to authorize
the Mayor and City Clerk to sign the agreements, for the mowing of lots
and trash removal on properties located within the city.
COMMITTEE RECOMMENDATION: None
Planning Department
Memo
To: Honorable Mayor and City Commission
From: Hope Mitchell, Code Coordinator
Date: March 28, 2013
Re: Environmental mowing & trash contract bids
Staff requested bids for a possible two year contract with an optional contract extension typically set at
two years. The bid documents also had an area for submission of a three year bid with an option to
extend that, which is typically set at two years. This request for bids resulted in five submissions from
area contractors to perform the services needed and are shown in the tables located later in this
document.
Because of the varying prices submitted by the different bidders, staff would like to recommend that a
two year contract be awarded to Earth Creations LLC with a two year extension possible.
Awarding contracts as indicated would be accepting the low bidder, Earth Creations LLC. The
reasoning for the two year agreement with Earth Creations LLC is that they had submitted a bid for a
two year contract due to the rising costs of gas prices.
Staff believes that the management of two contractors, versus one contractor, would still be the best to
do.
Page 1
Two year contract bid tabulations:
Company Name: Pick up Tractor Lawn mower & Helping labor,
w/operator & w/operator & Trimmer for lots consisting of 2
large trailer – brush hogs w/ 5’ & Operator. persons.
minimum 10 mowing bed.
cubic yd.
capacity.
Earth Creations LLC $31.50 $42.00 $34.50 $25.00
Freelance Enterprises $34.00 $43.00 $38.00 $0
Preferred Lawn Care $55.00 $95.00 $42.50 $35.00
Sons & Sanford $18.50 * $25.00 * $80.00 * $9.50 *
Hauling
ALT Property Mgmt $68.00 $84.00 $60.00 $42.00
* The bid packet required these to be bid as 2 person items per hour. This was billed at an hourly rate
per person with the bid packet requiring nothing to be altered from what was needed.
Page 2
CITY OF MUSKEGON
CONTRACT FOR SERVICES
This Agreement is effective on this 10th day of April, 2013, between City of Muskegon, a
Michigan municipal corporation, of 933 Terrace Street, Muskegon, MI 49443 ("City"), and,
James Rudicil Jr., of Earth Creations LLC. (“Contractor”), with reference to the following facts:
Background
A. City requested bid proposals for yard maintenance and trash clean up of City-owned,
State-owned and privately-owned properties located within the City limits of Muskegon,
as well as areas including but not limited to railroad and street right-of-ways and terraces.
B. Contractor submitted a bid proposal for the yard maintenance and trash clean up of the
City-owned, State-owned and privately-owned properties located within the City limits of
Muskegon as listed above.
Therefore, the parties agree as follows:
1. Inclusion of Additional Agreements. This Agreement includes, but may not be limited
to the following:
a. Invitations to bid, instructions to bidders and the pre-bid conference with
minutes;
b. All descriptions of services not included in this Agreement but used in
connection with the bidding process;
c. The bid proposal and any requirement included with or attached to the bid
documents and this Agreement; and
d. Any specifications used in connection with this Agreement.
This Agreement, together with the documents described above, constitutes the Agreement between the
parties and shall be considered as part of the Agreement as if attached or repeated herein.
In the event that there are inconsistencies within the Agreement, the Contractor shall immediately notify
the City, in writing, for a determination, interpretation, clarification and/or prioritization of the
inconsistencies.
2. Services. Contractor shall provide the following services, under the direction and
supervision of the City Planning Department, relating to yard maintenance and trash
clean up of the above listed properties. Contractor shall perform the services set forth in
this contract in a timely, workman-like manner.
a. Mowing. Contractor shall mow all grass, weeds and brush including
mowing around all obstacles, up to three inches (3”) in diameter, leaving no
ridges of high or uncut grass.
2013 Final Contract
1
b. Trimming/Cutting/ Raking. Contractor shall trim all bushes and unsightly
branches, cut large tree limbs or logs, rake and remove heavy concentrations of
yard clippings, small debris and fallen leaves and/or branches. Contractor shall
also sweep or blow sidewalk and/or driveways clean of debris.
c. Garbage, debris and waste removal. Contractor shall pick up and remove all
garbage, debris, trash and waste materials, including but not limited to cans,
bottles, loose papers, dead tree limbs, grass and bush clippings,
abandoned/broken/unused household appliances, furniture, and other like items.
d. Disposal.
i. Contractor shall handle and dispose of Freon according to the applicable
State and Federal mandates.
ii. Contractor shall ensure the separation and individual disposal of garbage
and lawn debris.
iii. All garbage, debris, trash, waste materials, grass, weeds, brush,
appliances, furniture and other items removed from each site shall be
transported by the Contractor for disposal to a location predetermined by
City.
e. Photographs. Contractor shall photograph each job site prior to and after
completion. The photographs will indicate each job site address and/or location
to ensure proper identification of the location and/or property. The photographs
shall also indicate the time and date the picture was taken. All processing costs
associated with this service shall be the sole responsibility of the Contractor.
f. Record Keeping. Contractor agrees to keep proper records of all work
performed on behalf of City.
g. Other. Contractor may be required to perform other related work as deemed
necessary by the City Planning Department.
3. Equipment. Contractor shall furnish or supply all the equipment and labor necessary to
carry out its obligations under this Agreement. The equipment and labor includes but is
not limited to: general labor, technical personnel, machinery, tools, transportation, fuel,
and all other such materials. All equipment must meet the safety standards as required by
MIOSHA.
a. Inspection. City or its designated agents shall inspect for safety, appearance and
sanitation, all equipment used by Contractor to carry out its obligations under this
Agreement. All vehicles used in the transport of garbage, trash and other waste
must be police safety inspected. City may refuse Contractor the right to utilize
any equipment that is deemed to be unsafe, unsanitary or of an unsightly
appearance based on that inspection. In that event, Contractor shall repair,
replace or restore the equipment to a suitable condition as soon as reasonably
possible.
b. Required Equipment.
2013 Final Contract
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i. Two (2) trucks.
ii. Two (2) truck trailers. Minimum size: 10 yards with a 4,000 lb.
capacity.
iii. Two (2) tractors with the ability to obtain four (4) tractors. Must have a
brush hog type mower or flail type mower with a mower deck of a
minimum five feet (5’) diameter for each.
iv. Power trimmers.
v. Chain saws.
vi. Lawn mowers.
vii. Hand Tools, including rakes, brooms, shovels, pitch forks, and other
tools as deemed appropriate for the job site.
viii. Lawn edger blowers. One per team or work crew.
ix. Digital Cameras. Minimum 3 megapixel resolution with automatic time
and dating capacity.
x. CD-R compact discs for the transfer of digital images.
xi. Personal computer with ability to record photo images to CD-R compact
discs.
xii. Alternative equipment may be proposed for use but requires City
approval prior to use.
c. Method of Transport. Contractor agrees to haul tractors, mowers and other
equipment to the job location, unless otherwise approved by City.
4. Expenses. Contractor shall be responsible to pay for all expenses incurred by Contractor
related to the performance of its duties under this Agreement and for all compensation
owed to its workers and/or subcontractors.
5. Contract Price. City agrees to pay Contractor, in full consideration for the complete
performance of Contractor’s obligations under this Agreement, the amount set forth in
the Contractor’s bid proposal and documents described in paragraph 1.
6. Assignments. Work assignments are determined on an as needed basis.
7. Contractor Work Crew.
a. Number. Each work crew shall consist of two (2) persons per assignment,
unless otherwise approved by the City. City reserves the right to limit the size of
work crews at any time.
b. City Representatives. City may assign one or more persons to the job site as its
Representative(s). The City Representative(s) may supervise work crews in their
performance at the job site, and may instruct the work crews as to what tasks
must be performed.
8. Schedule.
a. Work schedules shall be completed by City on a daily or as needed basis.
b. Provisions shall be made, at Contractor’s expense, for contacting the
Contractor on short notice or in an emergency situation by any the following
methods:
2013 Final Contract
3
i. Telephone;
ii. Cellular Telephone; or
iii. Beeper.
9. Work Orders.
a. Distribution. Work orders will be distributed to the Contractor at a location
designated by the City.
b. Completion. All jobs listed in a work order must be completed within five (5)
working days following receipt of the work order by Contractor. Time
extensions may be permitted for inclement weather and similar restricting
circumstances, as determined by the City. All completed work orders shall be
returned to the City by 8:00 a.m. the following work day after the work is
completed.
10. Payment.
a. Form.
i. Requests for payment shall be submitted on a form prepared and
approved by the City;
ii. Requests shall include a list of job numbers with the corresponding cost
of each job;
iii. Requests shall be on a per-quarter hour basis; total time per job to be
agreed to by the Contractor and City Representative.
iv. Requests for work completed that were not performed in compliance
with subsection 9(b) may not be compensated.
v. Inadvertent payment made to the Contractor for work not performed in
compliance with the terms of this contract, or for any other reason, will
be deducted by the City from subsequent payments.
b. Frequency. Requests for payment shall be made monthly and payment will be
made on the second and fourth Friday of each month.
c. Travel Time. Travel time shall be charged by Contractor as follows:
i. Time may be charged for travel from a completed job site to another job
site. Travel time shall be shown on a voucher completed for the
destination site.
ii. Time may be charged for travel to and from a disposal site with a full
load of garbage, trash, waste and other items. Travel time shall be
indicated on a dump voucher or slip.
iii. Travel time shall only be compensated for direct and logical routes.
iv. All vouchers, bills, slips and pictures pertaining to a work order or a job
site shall be submitted to the City at the same time.
2013 Final Contract
4
v. Requests for payment that are submitted without the proper
documentation, including but not limited to vouchers, bills, slips and
pictures will not be accepted until such time all such items are submitted.
11. Specific Reservations.
a. City reserves the right to have Contractor bag or remove debris and/or trash from
the property and place the same on the terrace at the property for removal by the
City refuse contractor.
b. City reserves the right to have the City refuse contractor clean up the debris
and/or trash left on the terrace at a work site property on an as needed basis.
c. City reserves the right to use volunteers, court ordered public service workers
and/or prisoners in lieu of Contractor’s services for any work indicated
throughout this Agreement.
12. Terms and Termination.
a. This Agreement shall be effective on April 10, 2013, and shall remain in full
force and effect until April 10, 2015, with an annual extension option through
April 10, 2017.
b. This Agreement may be terminated by either party, without cause, upon thirty
(30) days’ written notice to the other party.
13. Commencement and Damages.
a. Commencement. Contractor shall commence work no later than the time set
forth in the Agreement.
b. Damages. In the event that Contractor fails to commence performance at the
specified time and is in default of the Agreement, Contractor shall pay to the City
the sum of $200 for each and every calendar day that the Contractor is in default.
The amount of damages shall not be construed as a penalty, but to ensure the
City’s ability to provide substituted services and costs associated with that
default. Damages shall be determined by the City after investigation by the City.
Damages shall be deducted from payment.
c. Violations. Following Contractor’s commencement of performance of this
Agreement, City shall notify Contractor of each violation of the Agreement
reported to City. It shall be the duty of Contractor to remedy the cause of the
complaint. Failure of Contractor to take remedial measures shall be considered a
breach of the Agreement, and for the purpose of computing damages under the
provisions of this section, it is agreed that City may deduct from payments due or
to become due to Contractor the City’s cost to remedy or substitute performance.
Failure to perform pursuant to this Agreement for a period in excess of three (3) consecutive, scheduled,
working days, or failure for a similar period, to perform in the manner required, and provided such failure
is not a result of war, insurrection, riots, or acts of God, the City may, at its option and after written notice
2013 Final Contract
5
to Contractor, utilize any or all of Contractor’s equipment used in performance of this Agreement until
such time the matter is resolved and the Contractor is performing under the terms of the Agreement.
Any and all expenses incurred by City during such time may be deducted from payments due or to
become due to Contractor.
Should Contractor be unable to resume performance at the close of ten (10) calendar days, all liability of
the City under this Agreement shall cease and City shall be free to negotiate with other contractors for the
performance of work. Any contract thereby entered into with another contractor shall not release
Contractor from liability to City for breach of this Agreement.
d. Appeal. The City’s determination shall be final and binding on both parties,
unless appealed, in writing to the City Manager or his designee within ten (10)
working days after notice. The City Manager or his designee shall grant
Contractor an informal hearing upon such request. The decision of the City
Manager shall be final and binding.
e. Waiver. City may waive all or any portion of damages without prejudicing its
rights under this Agreement.
14. Insurance and Indemnity.
a. Hold Harmless Agreements. To the fullest extent permitted by law, Contractor
agrees to defend, pay in behalf of, indemnify, and hold harmless the City, its
elected and appointed officials, employees, volunteers, and others working on
behalf of the City against any and all claims, demands, suits, or losses, including
all costs connected therewith, and for any damages which may be asserted,
claimed or recovered against or from the City, its elected and appointed officials,
employees, volunteers, or others working on behalf of the City, arising out of or
is any way connected or associated with this contract. The obligation to defend
and hold harmless extends to City's employees, agents, subcontractors, assigns
and successors.
b. City Insurance Requirement. Contractor shall not commence work under this
contract until obtaining the insurance required under this paragraph. All
coverages shall be with insurance companies licensed and admitted to do
business in the State of Michigan and Best Rated A VIII. All coverage shall be
with insurance carriers acceptable to City.
c. Workers' Compensation Insurance. Contractor shall procure and maintain
during the life of this contract, Workers' Compensation Insurance, including
Employers Liability Coverage, in accordance with all applicable Statutes of the
State of Michigan.
d. Vehicle Liability Insurance. Contractor shall procure and maintain during the
life of this contract, Vehicle Liability Insurance, in accordance with all applicable
Statutes of the State of Michigan.
e. Commercial General Liability Insurance. Contractor shall procure and
maintain during the life of this contract, Commercial General Liability Insurance
2013 Final Contract
6
on an "Occurrence Basis" with limits of liability not less than $1,000,000 per
occurrence and/or aggregate combined single limit, Personal Injury, Bodily
Injury and Property Damage. Coverage shall include the following extensions:
(A) Contractual Liability; (B) Products and Completed Operations; (C)
Independent Contractors Coverage; (D) Broad Form General Liability Extensions
or equivalent; (E) Deletion of all Explosion, Collapse and Underground (SCU)
exclusions, if applicable.
f. Additional Insured. Commercial General Liability Insurance, as described
above, shall include an endorsement stating the following shall be "Additional
Insureds": The City, all elected and appointed officials, all employees and
volunteers, all boards, commissions and/or authorities and board members,
including employees and volunteers thereof. The endorsement adding the City as
additional insured shall read exactly as follows: "The City of Muskegon is
hereby added as an additional insured…"
g. Cancellation Notice. Workers' Compensation Insurance and Commercial
General Liability Insurance, as described above, shall include an endorsement
stating the following: "It is understood and agreed that Thirty (30) days’
Advance Written Notice of Cancellation, Non-Renewal, Reduction and/or
Material Change shall be sent to: CITY OF MUSKEGON PLANNING
DEPARTMENT.
h. Proof of Insurance Coverage. Contractor shall provide the City at the time the
contracts are returned for execution, certificates and policies endorsing the City
as additional insured as listed below:
i. Two (2) copies of Certificate of Insurance for Workers' Compensation
Insurance, if applicable;
ii. Two (2) copies of Certificate of Insurance for Commercial General
Liability Insurance; and
iii. If so requested, Certified Copies of all policies mentioned above will be
furnished.
i. If any of the above coverages expire during the term of this contract, Contractor
shall deliver renewal certificates and/or policies to City at least ten (10) days
prior to the expiration date.
15. Income Tax Withholding. Contractor shall withhold income taxes from each employee
who is subject to such withholding, and pay such tax in accordance with the City of
Muskegon Income Tax Ordinance and all applicable laws associated with that ordinance.
Contractor shall require the same from each subcontractor, consultant or vendor used in
the performance of his duties and obligations in this Agreement. City reserves the right
to withhold payments otherwise due to Contractor to assure compliance with this
Agreement or to cure such noncompliance.
2013 Final Contract
7
16. General Provisions.
a. Notices. Any notice that either party may give or is required to give under this
Agreement shall be in writing, and, if mailed, shall be effective on the day it is
delivered to the other party at the other party's address set forth in this Agreement
or at any other address that the other party provides in writing. Notices given in
person are effective on the day they are given.
b. Governing Law. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with, the laws of the
State of Michigan.
c. Assignment or Delegation. Neither party shall assign all nor any portion of its
rights and obligations contained in this Agreement without the express prior
written approval of the other party, which approval may be withheld in the other
party's sole discretion.
d. Entire Agreement. This Agreement shall constitute the entire agreement, and
shall supersede any other Agreements, written or oral, that may have been made
or entered into, by, and between the parties with respect to the subject matter of
this Agreement, and shall not be modified or amended except in a subsequent
writing signed by the party against whom enforcement is sought.
e. Binding Effect. This Agreement shall be binding upon, and inure to the benefit
of, and be enforceable by, the parties and their respective legal representatives,
permitted successors, and assigns.
f. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of such provision on any other occasion or a
waiver by such party of any other provision of this Agreement.
g. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity,
legality, and enforceability of the remaining provisions of this Agreement shall
not in any way be impaired or affected.
h. Venue. The parties agree that, for purposes of any dispute in connection with
this Agreement, the Muskegon County Circuit Court shall have exclusive
personal and subject matter jurisdiction and venue.
i. Survival. All representations, warranties, and covenants in this Agreement shall
survive the signing of this Agreement.
2013 Final Contract
8
City and Contractor have executed this Agreement on the date written next to their signatures to be
effective according to the term(s) stated in this document.
City –
Date: ___________, 2013 CITY OF MUSKEGON
By:_________________________________
Stephen Gawron
Mayor
And:________________________________
Ann Marie Cummings, MMC
City Clerk
Contractor –
Date: ___________, 2013 By:___________________________________
James Rudicil Jr.
Its:___________________________________
President
2013 Final Contract
9
Date: April 9, 2013
To: Mayor and City Commission
From: Dept of Public Works - Director
RE: 2013 Sodium Hypochlorite Water Treatment
Chemical Bid
SUMMARY OF REQUEST:
Endorse the lowest responsible bid received by the City of Holland from
KA Steel to supply sodium hypochlorite for the purchase of Sodium
Hypochlorite for the water filtration plant
FINANCIAL IMPACT:
Annual cost of $50.216 to purchase 370 tons of Sodium Hypochlorite
based on average annual water pumped to mains.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Staff recommends endorsing the low bid received by the City of Holland
from KA Steel Chemicals for sodium hypochlorite for one year
2013 Sodium Hypochlorite Water Treatment Chemical Bid
CO-OP includes:
Cities of Holland, Wyoming, Muskegon,
Muskegon Heights and Grand Haven
Rowell KA Steel Alexander Haviland
Chemical Chemical Chemical Chemical
$ $ $
Cost Per Ton: 153.89 135.72 135.80 not reported
Cost Per Gallon: 0.7743 0.679 0.679 0.735
Lead-time ARO 1-2 days 1-2 days 3-5 days 2-3 days
Term: April 16,
2013 - April 15,
2014
Date: April 9, 2013
To: Honorable Mayor and City Commission
From: Dept. of Public Works
RE: Request to accept Prein and Newhof as dredging consultant.
SUMMARY OF REQUEST:
Authorize staff to hire Prein and Newhof for design and construction consultation for
dredging work to be done at Hartshorn Marina and Cottage Grove.
FINANCIAL IMPACT:
None at this time. Should the city accept this proposal, amendment to the future CIP budget
will require commission approval.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
Authorize staff to hire Prein and Newhof.
COMMITTEE RECOMMENDATION:
Dredging // 2013 // Hartshorn Marina // Cottage Grove
Small Boat Basin
es
hof
ourc
e
New
arch
r Res
nm
and
wate
Abo
Prein
Edge
Preliminary Engineering
Design Engineering
Construction
$15,400.00 $12,674.00 $18,250.00
Total Submitted Proposal
Prepared by Kevin Santos, Highway Supervisor, Dept. of Public Works
Date: April 9, 2013
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids for:
Wickham Dr., Sherman to Glen (H-1690)
SUMMARY OF REQUEST:
Award the reconstruction of Wickham Dr. from Sherman to Glen Brenner Excavating Inc.
out of Hopkins since they were the lowest responsible bidder with a total bid price of
$314,721.70 see attached bid tabulation.
Furthermore, if approved, authorize staff to amend the 2012/2013 CIP and increase the
budgeted amount to $350,000 for said project (from $300,000 to $350,000).
FINANCIAL IMPACT:
The construction cost of $314,721.70 plus engineering
BUDGET ACTION REQUIRED:
Amend the 2012/13 budget by increasing the allocated amount by $50,000 in the CIP-for
Local Street Fund.
STAFF RECOMMENDATION:
Award the contract to Brenner Excavating and authorize staff to amend the budgeted amount
in the 12/13 CIP.
COMMITTEE RECOMMENDATION:
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\CONAWA 4-9-13.doc
H-1690WICKHAM, SHERMAN BLVD., TO GLEN AVE. BID TABULATIONS
CONTRACTOR Thompson Brothers Inc. Jackson‐Merkey Brenner Excavating, Inc. Schippers Excavating, Inc. Jack Dykstra Excavating Nashville Construction
ADDRESS ENGINEER'S 388 W. McMillan Rd. 555 E. Western Ave. 2841 132nd Ave. 9829 Lake Michigan Drive 3677 ‐ 3 Mile Rd NW 11205 Lawrence Hwy.
CITY/ST/ZIP ESTIMATE Muskegon, MI 49445 Muskegon, MI 49442 Hopkins, MI 49328 West Olive, MI 49460 Grand Rapids, MI 49534 Nashville, MI 49073
LINE DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE
$ 21,670.37 $ 21,670.37 $ 6,500.00 $ 6,500.00 $ 5,122.00 $ 5,122.00 $ 11,500.00 $ 11,500.00 $ 12,000.00 $ 12,000.00 $ 3,600.00 $ 3,600.00
1 Mobilization, Max. ____ LS 1 $ 5,000.00 $5,000.00
$ 5.00 $ 460.00 $ 7.00 $ 644.00 $ 5.15 $ 473.80 $ 7.00 $ 644.00 $ 6.00 $ 552.00 $ 6.00 $ 552.00
2 Sewer, Rem, Less than 24 inch Ft 92 $ 7.00 $644.00
$ 200.00 $ 1,200.00 $ 230.00 $ 1,380.00 $ 183.00 $ 1,098.00 $ 200.00 $ 1,200.00 $ 300.00 $ 1,800.00 $ 250.00 $ 1,500.00
3 Dr Structure, Rem, Modified Ea 6 $ 300.00 $1,800.00
$ 10.00 $ 3,260.00 $ 3.60 $ 1,173.60 $ 3.10 $ 1,010.60 $ 4.00 $ 1,304.00 $ 5.00 $ 1,630.00 $ 5.00 $ 1,630.00
4 Sidewalk, Rem Syd 326 $ 5.00 $1,630.00
$ 2.50 $ 17,257.50 $ 4.90 $ 33,824.70 $ 3.20 $ 22,089.60 $ 3.75 $ 25,886.25 $ 9.00 $ 62,127.00 $ 6.00 $ 41,418.00
5 Pavt, Rem, Modified Syd 6903 $ 4.00 $27,612.00
$ 950.00 $ 18,810.00 $ 846.00 $ 16,750.80 $ 520.50 $ 10,305.90 $ 960.00 $ 19,008.00 $ 1,000.00 $ 19,800.00 $ 500.00 $ 9,900.00
6 Machine Grading, Modified Sta 19.8 $ 1,200.00 $23,760.00
$ 80.00 $ 1,120.00 $ 100.00 $ 1,400.00 $ 78.70 $ 1,101.80 $ 95.00 $ 1,330.00 $ 90.00 $ 1,260.00 $ 85.00 $ 1,190.00
7 Erosion Control, Inlet Protection, Fabric Drop Ea 14 $ 75.00 $1,050.00
$ 5.00 $ 35,330.00 $ 4.75 $ 33,563.50 $ 5.25 $ 37,096.50 $ 5.50 $ 38,863.00 $ 5.45 $ 38,509.70 $ 5.38 $ 38,015.08
8 Aggregate Base, 8 inch Syd 7066 $ 5.00 $35,330.00
$ 10.00 $ 3,000.00 $ 11.50 $ 3,450.00 $ 5.00 $ 1,500.00 $ 10.00 $ 3,000.00 $ 20.00 $ 6,000.00 $ 5.00 $ 1,500.00
9 Maintenance Gravel, LM Cyd 300 $ 20.00 $6,000.00
$ 19.00 $ 6,526.50 $ 30.00 $ 10,305.00 $ 22.90 $ 7,866.15 $ 28.00 $ 9,618.00 $ 22.55 $ 7,745.93 $ 26.54 $ 9,116.49
10 Sewer, Cl E, 12 inch, Tr Det B Ft 343.5 $ 30.00 $10,305.00
$ 250.00 $ 250.00 $ 105.00 $ 105.00 $ 92.30 $ 92.30 $ 300.00 $ 300.00 $ 50.00 $ 50.00 $ 125.00 $ 125.00
11 Sewer Tap, 10 inch Ea 1 $ 200.00 $200.00
$ 35.00 $ 14,962.50 $ 45.00 $ 19,237.50 $ 36.60 $ 15,646.50 $ 46.00 $ 19,665.00 $ 38.45 $ 16,437.38 $ 40.00 $ 17,100.00
12 storm sewer, D.I. class 52, 10 inch Ft 427.5 $ 45.00 $19,237.50
$ 250.00 $ 250.00 $ 205.00 $ 205.00 $ 92.30 $ 92.30 $ 300.00 $ 300.00 $ 100.00 $ 100.00 $ 125.00 $ 125.00
13 Dr Structure, Tap, 10 inch Ea 1 $ 250.00 $250.00
$ 250.00 $ 750.00 $ 205.00 $ 615.00 $ 88.20 $ 264.60 $ 350.00 $ 1,050.00 $ 270.00 $ 810.00 $ 150.00 $ 450.00
14 Dr Structure, Tap, 12 inch Ea 3 $ 250.00 $750.00
$ 200.00 $ 700.00 $ 335.00 $ 1,172.50 $ 125.00 $ 437.50 $ 400.00 $ 1,400.00 $ 300.00 $ 1,050.00 $ 150.00 $ 525.00
15 Dr Structure, Adj, Add Depth, Modified Ft 3.5 $ 250.00 $875.00
$ 1.75 $ 17,421.25 $ 1.50 $ 14,932.50 $ 2.05 $ 20,407.75 $ 2.80 $ 27,874.00 $ 1.50 $ 14,932.50 $ 1.20 $ 11,946.00
16 Dr Structure Cover, Modified Lb 9955 $ 1.00 $9,955.00
$ 1,000.00 $ 7,000.00 $ 855.00 $ 5,985.00 $ 931.00 $ 6,517.00 $ 1,150.00 $ 8,050.00 $ 910.00 $ 6,370.00 $ 992.00 $ 6,944.00
17 Catch Basin Special Detail Ea 7 $ 1,000.00 $7,000.00
$ 400.00 $ 4,400.00 $ 330.00 $ 3,630.00 $ 316.00 $ 3,476.00 $ 450.00 $ 4,950.00 $ 300.00 $ 3,300.00 $ 300.00 $ 3,300.00
18 Dr Structure, Cover, Adj, Case I, Modified Ea 11 $ 350.00 $3,850.00
$ 800.00 $ 5,600.00 $ 715.00 $ 5,005.00 $ 612.00 $ 4,284.00 $ 760.00 $ 5,320.00 $ 625.00 $ 4,375.00 $ 734.00 $ 5,138.00
19 Catch Basin 2 Ft ID Special Detail Ea 7 $ 1,000.00 $7,000.00
$ 57.97 $ 35,535.61 $ 56.30 $ 34,511.90 $ 58.60 $ 35,921.80 $ 58.00 $ 35,554.00 $ 56.50 $ 34,634.50 $ 56.28 $ 34,499.64
20 HMA, 3C Ton 613 $ 65.00 $39,845.00
$ 71.02 $ 43,535.26 $ 69.00 $ 42,297.00 $ 71.80 $ 44,013.40 $ 71.00 $ 43,523.00 $ 69.00 $ 42,297.00 $ 68.95 $ 42,266.35
21 HMA, 4C Ton 613 $ 70.00 $42,910.00
$ 23.85 $ 15,120.90 $ 28.25 $ 17,910.50 $ 27.50 $ 17,435.00 $ 26.00 $ 16,484.00 $ 25.85 $ 16,388.90 $ 24.09 $ 15,273.06
22 Driveway, Nonreinf Conc, 6 inch, Modified Syd 634 $ 25.00 $15,850.00
$ 7.86 $ 30,748.32 $ 9.35 $ 36,577.20 $ 9.10 $ 35,599.20 $ 8.30 $ 32,469.60 $ 8.86 $ 34,660.32 $ 7.94 $ 31,061.28
23 Curb & Gutter, Conc., Det D‐2, Modified Ft 3912 $ 7.50 $29,340.00
$ 26.65 $ 9,034.35 $ 26.65 $ 9,034.35 $ 27.70 $ 9,390.30 $ 32.00 $ 10,848.00 $ 26.65 $ 9,034.35 $ 26.92 $ 9,125.88
24 Detectable Warning Surface Ft 339 $ 40.00 $13,560.00
$ 1.97 $ 4,657.08 $ 2.50 $ 5,910.00 $ 2.35 $ 5,555.40 $ 4.00 $ 9,456.00 $ 2.30 $ 5,437.20 $ 1.99 $ 4,704.36
25 Sidewalk Ramp, Conc, 4 inch Sft 2364 $ 3.50 $8,274.00
$ 1.97 $ 2,523.57 $ 2.50 $ 3,202.50 $ 2.35 $ 3,010.35 $ 2.50 $ 3,202.50 $ 2.30 $ 2,946.30 $ 1.99 $ 2,549.19
26 Sidewalk, Conc, 4 inch Sft 1281 $ 2.60 $3,330.60
$ 31.41 $ 2,638.44 $ 10.00 $ 840.00 $ 32.70 $ 2,746.80 $ 24.00 $ 2,016.00 $ 36.50 $ 3,066.00 $ 31.72 $ 2,664.48
27 concrete wall special detail Ft 84 $ 40.00 $3,360.00
$ 60.00 $ 1,680.00 $ 75.00 $ 2,100.00 $ 84.30 $ 2,360.40 $ 80.00 $ 2,240.00 $ 75.00 $ 2,100.00 $ 75.75 $ 2,121.00
28 Barricade, Type III, High Intensity, Lighted, Furn Ea 28 $ 45.00 $1,260.00
$ 1.00 $ 28.00 $ 1.00 $ 28.00 $ 5.20 $ 145.60 $ 1.00 $ 28.00 $ 1.00 $ 28.00 $ 1.01 $ 28.28
29 Barricade, Type III, High Intensity, Lighted, Oper Ea 28 $ 1.00 $28.00
$ 12.00 $ 996.00 $ 15.00 $ 1,245.00 $ 14.80 $ 1,228.40 $ 20.00 $ 1,660.00 $ 15.00 $ 1,245.00 $ 15.15 $ 1,257.45
30 Plastic Drum, High Intensity, Furn Ea 83 $ 13.00 $1,079.00
$ 1.00 $ 83.00 $ 1.00 $ 83.00 $ 0.78 $ 64.74 $ 1.00 $ 83.00 $ 1.00 $ 83.00 $ 1.01 $ 83.83
31 Plastic Drum, High Intensity, Oper Ea 83 $ 1.00 $83.00
$ 3.00 $ 2,281.50 $ 3.00 $ 2,281.50 $ 3.40 $ 2,585.70 $ 4.20 $ 3,194.10 $ 3.00 $ 2,281.50 $ 3.03 $ 2,304.32
32 Sign, Type B, Temp, Prismatic, Furn Sft 760.5 $ 3.00 $2,281.50
$ 0.50 $ 380.25 $ 1.00 $ 760.50 $ 0.78 $ 593.19 $ 1.00 $ 760.50 $ 1.00 $ 760.50 $ 1.01 $ 768.11
33 Sign, Type B, Temp, Prismatic, Oper Sft 760.5 $ 1.00 $760.50
$ 2.00 $ 7,312.00 $ 3.00 $ 10,968.00 $ 1.50 $ 5,484.00 $ 2.80 $ 10,236.80 $ 3.80 $ 13,892.80 $ 2.00 $ 7,312.00
34 Topsoil Surface, Furn, 4 inch Syd 3656 $ 3.00 $10,968.00
$ 0.60 $ 2,193.60 $ 0.45 $ 1,645.20 $ 0.52 $ 1,901.12 $ 0.60 $ 2,193.60 $ 0.50 $ 1,828.00 $ 1.50 $ 5,484.00
35 Hydroseeding Syd 3656 $ 0.50 $1,828.00
$ 500.00 $ 8,000.00 $ 300.00 $ 4,800.00 $ 370.00 $ 5,920.00 $ 500.00 $ 8,000.00 $ 320.00 $ 5,120.00 $ 400.00 $ 6,400.00
36 Water Valve Box and Cover, Complete Ea 16 $ 275.00 $4,400.00
$ 1,300.00 $ 2,600.00 $ 1,245.00 $ 2,490.00 $ 942.00 $ 1,884.00 $ 1,750.00 $ 3,500.00 $ 1,250.00 $ 2,500.00 $ 1,236.00 $ 2,472.00
37 Manhole Special Detail Ea 2 $ 1,500.00 $3,000.00
$ -
$ 344,406.10 $ 329,316.00 $ 336,563.75 $ 314,721.70 $ 366,711.35 $ 377,152.87 $ 324,449.79
TOTAL
Apparent Low Bidder/Brenner Excavating, Inc.
Calulation Error
H-1690WICKHAM, SHERMAN BLVD., TO GLEN AVE. BID TABULATIONS
CONTRACTOR Nagel Construction Inc Al's Excavating, Inc. Dan Hoe Excavation Connan Inc.
ADDRESS ENGINEER'S PO Box 10 4515 134th Ave. 3664 Rocky's Rd. 200 W. Washington
CITY/ST/ZIP ESTIMATE Moline, MI 49335‐0010 Hamilton, MI 49419 Holland, MI 49424 Zeeland, MI 49464
LINE DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE
$ 5,000.00 $5,000.00
1 Mobilization, Max. ____ LS 1 $ 15,000.00 $ 15,000.00 $ 30,000.00 $ 30,000.00 $ 10,000.00 $ 10,000.00 $ 25,000.00 $ 25,000.00
$ 7.00 $644.00
2 Sewer, Rem, Less than 24 inch Ft 92 $ 1.50 $ 138.00 $ 7.50 $ 690.00 $ 8.00 $ 736.00 $ 8.00 $ 736.00
$ 300.00 $1,800.00
3 Dr Structure, Rem, Modified Ea 6 $ 50.00 $ 300.00 $ 225.00 $ 1,350.00 $ 200.00 $ 1,200.00 $ 180.00 $ 1,080.00
$ 5.00 $1,630.00
4 Sidewalk, Rem Syd 326 $ 1.50 $ 489.00 $ 2.00 $ 652.00 $ 2.00 $ 652.00 $ 4.10 $ 1,336.60
$ 4.00 $27,612.00
5 Pavt, Rem, Modified Syd 6903 $ 4.70 $ 32,444.10 $ 3.20 $ 22,089.60 $ 5.00 $ 34,515.00 $ 3.10 $ 21,399.30
$ 1,200.00 $23,760.00
6 Machine Grading, Modified Sta 19.8 $ 585.00 $ 11,583.00 $ 750.00 $ 14,850.00 $ 700.00 $ 13,860.00 $ 1,500.00 $ 29,700.00
$ 75.00 $1,050.00
7 Erosion Control, Inlet Protection, Fabric Drop Ea 14 $ 85.00 $ 1,190.00 $ 70.00 $ 980.00 $ 150.00 $ 2,100.00 $ 85.00 $ 1,190.00
$ 5.00 $35,330.00
8 Aggregate Base, 8 inch Syd 7066 $ 5.40 $ 38,156.40 $ 6.50 $ 45,929.00 $ 5.25 $ 37,096.50 $ 5.30 $ 37,449.80
$ 20.00 $6,000.00
9 Maintenance Gravel, LM Cyd 300 $ 1.00 $ 300.00 $ 20.00 $ 6,000.00 $ 5.00 $ 1,500.00 $ 15.00 $ 4,500.00
$ 30.00 $10,305.00
10 Sewer, Cl E, 12 inch, Tr Det B Ft 343.5 $ 26.00 $ 8,931.00 $ 33.00 $ 11,335.50 $ 24.50 $ 8,415.75 $ 25.00 $ 8,587.50
$ 200.00 $200.00
11 Sewer Tap, 10 inch Ea 1 $ 315.00 $ 315.00 $ 250.00 $ 250.00 $ 300.00 $ 300.00 $ 150.00 $ 150.00
$ 45.00 $19,237.50
12 storm sewer, D.I. class 52, 10 inch Ft 427.5 $ 40.00 $ 17,100.00 $ 50.00 $ 21,375.00 $ 40.00 $ 17,100.00 $ 40.00 $ 17,100.00
$ 250.00 $250.00
13 Dr Structure, Tap, 10 inch Ea 1 $ 315.00 $ 315.00 $ 300.00 $ 300.00 $ 300.00 $ 300.00 $ 150.00 $ 150.00
$ 250.00 $750.00
14 Dr Structure, Tap, 12 inch Ea 3 $ 365.00 $ 1,095.00 $ 350.00 $ 1,050.00 $ 300.00 $ 900.00 $ 180.00 $ 540.00
$ 250.00 $875.00
15 Dr Structure, Adj, Add Depth, Modified Ft 3.5 $ 50.00 $ 175.00 $ 250.00 $ 875.00 $ 125.00 $ 437.50 $ 220.00 $ 770.00
$ 1.00 $9,955.00
16 Dr Structure Cover, Modified Lb 9955 $ 2.50 $ 24,887.50 $ 1.50 $ 14,932.50 $ 1.60 $ 15,928.00 $ 1.60 $ 15,928.00
$ 1,000.00 $7,000.00
17 Catch Basin Special Detail Ea 7 $ 1,100.00 $ 7,700.00 $ 1,400.00 $ 9,800.00 $ 1,200.00 $ 8,400.00 $ 1,000.00 $ 7,000.00
$ 350.00 $3,850.00
18 Dr Structure, Cover, Adj, Case I, Modified Ea 11 $ 305.00 $ 3,355.00 $ 250.00 $ 2,750.00 $ 200.00 $ 2,200.00 $ 300.00 $ 3,300.00
$ 1,000.00 $7,000.00
19 Catch Basin 2 Ft ID Special Detail Ea 7 $ 700.00 $ 4,900.00 $ 800.00 $ 5,600.00 $ 1,000.00 $ 7,000.00 $ 700.00 $ 4,900.00
$ 65.00 $39,845.00
20 HMA, 3C Ton 613 $ 56.28 $ 34,499.64 $ 56.28 $ 34,499.64 $ 56.28 $ 34,499.64 $ 56.28 $ 34,499.64
$ 70.00 $42,910.00
21 HMA, 4C Ton 613 $ 68.95 $ 42,266.35 $ 68.95 $ 42,266.35 $ 68.95 $ 42,266.35 $ 68.95 $ 42,266.35
$ 25.00 $15,850.00
22 Driveway, Nonreinf Conc, 6 inch, Modified Syd 634 $ 23.85 $ 15,120.90 $ 23.85 $ 15,120.90 $ 27.00 $ 17,118.00 $ 23.85 $ 15,120.90
$ 7.50 $29,340.00
23 Curb & Gutter, Conc., Det D‐2, Modified Ft 3912 $ 7.86 $ 30,748.32 $ 7.86 $ 30,748.32 $ 9.50 $ 37,164.00 $ 7.86 $ 30,748.32
$ 40.00 $13,560.00
24 Detectable Warning Surface Ft 339 $ 26.65 $ 9,034.35 $ 26.65 $ 9,034.35 $ 26.65 $ 9,034.35 $ 26.65 $ 9,034.35
$ 3.50 $8,274.00
25 Sidewalk Ramp, Conc, 4 inch Sft 2364 $ 1.97 $ 4,657.08 $ 1.97 $ 4,657.08 $ 2.00 $ 4,728.00 $ 1.97 $ 4,657.08
$ 2.60 $3,330.60
26 Sidewalk, Conc, 4 inch Sft 1281 $ 1.97 $ 2,523.57 $ 1.97 $ 2,523.57 $ 2.00 $ 2,562.00 $ 1.97 $ 2,523.57
$ 40.00 $3,360.00
27 concrete wall special detail Ft 84 $ 31.41 $ 2,638.44 $ 31.41 $ 2,638.44 $ 50.00 $ 4,200.00 $ 40.48 $ 3,400.32
$ 45.00 $1,260.00
28 Barricade, Type III, High Intensity, Lighted, Furn Ea 28 $ 75.00 $ 2,100.00 $ 75.00 $ 2,100.00 $ 75.00 $ 2,100.00 $ 75.00 $ 2,100.00
$ 1.00 $28.00
29 Barricade, Type III, High Intensity, Lighted, Oper Ea 28 $ 1.00 $ 28.00 $ 1.00 $ 28.00 $ 1.00 $ 28.00 $ 1.00 $ 28.00
$ 13.00 $1,079.00
30 Plastic Drum, High Intensity, Furn Ea 83 $ 15.00 $ 1,245.00 $ 15.00 $ 1,245.00 $ 15.00 $ 1,245.00 $ 15.00 $ 1,245.00
$ 1.00 $83.00
31 Plastic Drum, High Intensity, Oper Ea 83 $ 1.00 $ 83.00 $ 1.00 $ 83.00 $ 1.00 $ 83.00 $ 1.00 $ 83.00
$ 3.00 $2,281.50
32 Sign, Type B, Temp, Prismatic, Furn Sft 760.5 $ 3.00 $ 2,281.50 $ 3.00 $ 2,281.50 $ 3.00 $ 2,281.50 $ 3.00 $ 2,281.50
$ 1.00 $760.50
33 Sign, Type B, Temp, Prismatic, Oper Sft 760.5 $ 1.00 $ 760.50 $ 1.00 $ 760.50 $ 1.00 $ 760.50 $ 1.00 $ 760.50
$ 3.00 $10,968.00
34 Topsoil Surface, Furn, 4 inch Syd 3656 $ 2.00 $ 7,312.00 $ 4.50 $ 16,452.00 $ 0.16 $ 584.96 $ 2.90 $ 10,602.40
$ 0.50 $1,828.00
35 Hydroseeding Syd 3656 $ 0.85 $ 3,107.60 $ 0.40 $ 1,462.40 $ 1.00 $ 3,656.00 $ 0.60 $ 2,193.60
$ 275.00 $4,400.00
36 Water Valve Box and Cover, Complete Ea 16 $ 275.00 $ 4,400.00 $ 300.00 $ 4,800.00 $ 300.00 $ 4,800.00 $ 380.00 $ 6,080.00
$ 1,500.00 $3,000.00
37 Manhole Special Detail Ea 2 $ 1,425.00 $ 2,850.00 $ 2,000.00 $ 4,000.00 $ 1,600.00 $ 3,200.00 $ 1,250.00 $ 2,500.00
TOTAL $344,406.10 $ 334,030.25 $ 365,509.65 $ 332,952.05 $ 350,941.73
Date: April 9, 2013
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City – MDOT Agreement for the reconstruction of:
Sherman Blvd. from Estes to Glenside
SUMMARY OF REQUEST:
Approve the attached contract with MDOT for the reconstruction of Sherman Blvd.
between Estes & Glenside and approve the attached resolution authorizing the
Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
MDOT’s participation is limited to the approved federal funds of $301,000. The
estimated total construction cost is $1,158,200 plus engineering cost.
BUDGET ACTION REQUIRED:
none at this time
STAFF RECOMMENDATION:
Approve the attached contract and resolution authorizing the mayor & clerk to sign
both.
COMMITTEE RECOMMENDATION:
RESOLUTION__________
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR THE RECONSTRUCTION OF SHERMAN BLVD. BETWEEN
ESTES & GLENSIDE TOGETHER WITH OTHER NECESSARY RELATED WORK
ITEMS AND AUTHORIZATION FOR MAYOR STEPHEN J. GAWRON AND CITY
CLERK, ANN CUMMINGS, TO EXECUTE SAID CONTRACT
Moved by_____________________________________and supported by
Commissioner___________________________that the following Resolution be
adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 13-5097 between the
Michigan Department of Transportation and the City of Muskegon for the
reconstruction of Sherman Blvd. between Estes & Glenside within the City is in
the best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 13-5097 be and
the same is hereby authorized and approved and the Mayor and Clerk are
authorized to execute said contract for and on behalf of the City of Muskegon.
Adopted this____________day of____________, 2013.
BY
Stephen J. Gawron, Mayor
ATTEST
Ann Cummings, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
____________, 2013. 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.
CITY OF MUSKEGON
By___________________________
Ann Cummings, City Clerk
Commission Meeting Date: April 9, 2013
Date: April 4, 2013
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request for an Industrial Facilities Exemption
Certificate – Graphics House
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, Graphics House Sports Promotions, Inc,
has requested the issuance of an Industrial Facilities Tax Exemption Certificate. The
company will be investing $435,000 in personal property. The investment is expected to
create up to three jobs. This qualifies them for a tax abatement of six years on personal
property.
FINANCIAL IMPACT:
The City will capture certain additional property taxes generated by the expansion (see
attached Summary Sheet).
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption Certificate for
a term of six years for personal property.
COMMITTEE RECOMMENDATION:
None
4/4/2013
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
GRAPHICS HOUSE SPORTS PROMOTIONS, INC
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed public hearing held on March
27, 2012, this Commission by resolution established an Industrial Development District as
requested by Graphics House Sports Promotions, Inc, including the property they own at 444
Irwin Ave, Muskegon, Michigan 49442; and
WHEREAS, Graphics House Sports Promotions, Inc has filed an application for the issuance of an Industrial
Facilities Tax Exemption Certificate with respect to new machinery and equipment that has been
installed within said Industrial Development District ; and
WHEREAS, said application was filed no later than six months after project completion and the Muskegon City
Commission held a public hearing on April 9, 2013, at the Muskegon City Hall in Muskegon, Michigan
at 5:30 p.m. at which hearing the applicant, the assessor and representatives of the affected taxing
units were given written notice and were afforded an opportunity to be heard on said application; and
WHEREAS, the installation of machinery and equipment is calculated to and will have the reasonable likelihood
to retain, create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of Muskegon, will
not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real
property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon,
Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered together with
the aggregate amount of certificates previously granted and currently in force under Act No. 198 of
the Public Act of 1974 as amended and Act No. 255 of the Public Acts of 1978 as amended shall
not have the effect of substantially impeding the operation of the City of Muskegon or impairing the
financial soundness of a taxing unit which levies ad valorem property taxes in the City of
Muskegon.
2) The application of Graphics House Sports Promotions, Inc , for the issuance of an Industrial
Facilities Tax Exemption Certificate with respect to the installation of new machinery and
equipment on the following described parcel of real property situated within the City of Muskegon
to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903 THAT PART OF BLK 96 & VAC NIMS ST DESC AS
COM AT SW COR OF SD BLK FOR POB TH N ALG W LN OF SD BLK 330 FT TH E AT RT ANGLES TO
W LN 235.86 FT TO NELY LN OF BLK 96 & SWLY LN OF SD VAC NIMS ST TH N 48D 47M 35S E 35.47
FT TO CL OF VAC NIMS ST TH SELY ALG CL ON ARC OF A SPIRAL CURVE TO LT TO THE N OF
IRWIN AVE (THE LONG CHORD OF SD SPIRAL CURVE BEARS S 42D 01M 30S E 466.40 FT) TH S 89D
18M 45S W ALG SD N LN IRWIN AVE 574.81 FT TO POB
4/4/13
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force and
effect for a period of _______ years on personal property.
Adopted this 9th Day of April 2013.
Ayes:
Nays:
Absent:
BY: __________________________________
Stephen Gawron
Mayor
ATTEST: __________________________________
Ann Cummings
Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on April 9, 2013.
______________________________
Ann Cummings
Clerk
4/4/13
CITY OF MUSKEGON
CONTRACT FOR TAX ABATEMENT
Act 198 Public Acts of 1974
AGREEMENT between CITY OF MUSKEGON, a municipal corporation of 933
Terrace Street, Muskegon, Michigan 49441, (“City”) and Graphics House Sports
Promotions, Inc. (“Company”).
Recitals:
A. The Company has applied to City for the establishment of an industrial
development district or industrial rehabilitation district pursuant to the provisions of Act
198 of the Public Acts of 1974, as amended, which act requires a contract between the
City and the Company to be agreed and submitted with the Company’s subsequent
anticipated application for an industrial facilities exemption certificate.
B. That in addition to the statutory requirement, the City has determined that it is in
the best interests of the taxpayers, property owners and residents of the City that this
Agreement be approved and executed prior to the establishment of the requested district,
and the City deems this Contract, together with the conditions set forth in the said Act to
constitute a necessary element in the City’s determination whether or not to create the
district.
C. The Company intends to install the project set forth in its application (“project”)
which it believes qualifies for the process of establishing the district and the application
for industrial facilities exemption certificate.
D. The City, provided this Agreement is executed, will determine whether to create
the district based upon the potential for the production of permanent jobs, the
continuation or increase of economic activity, planning and zoning considerations and the
City’s general plan and intentions regarding economic development. In addition to the
City policy considerations and predictions that the Company’s proposed district and
certificate benefit the community in those ways, the City has further determined that the
contractual commitments made by the Company to thereby assist the community shall be
binding on the Company and necessary to continue the tax exemption made possible by
the certificate.
NOW THEREFORE THE PARTIES AGREE:
1. COMPANY AGREEMENT. The Company irrevocably commits to the
investment, job retention and job creation promises made in its application, a copy of
which is attached hereto and incorporated herein. In particular the Company agrees:
Page 1
1.1 That 100% of the jobs shall be filled and in existence with full-time
employees by a date no later than two (2) years from the date of the granting of
the certificate by the State Tax Commission.
1.2 The Company shall meet the affirmative action goal included in the
application or in any documents supplied by the City and utilized by the
Company, including any additional representations made to the City Commission
on or before the date two (2) years after the granting of the certificate by the State
Tax Commission. It shall maintain the said levels of employment diversity during
the period of the certificate.
1.3 The Company, by the end of two (2) years from the date of the grant of the
certificate by the State Tax Commission shall have completed the investment of
$450,000 in personal property improvements as shown in the application.
1.4 That the improvements and equipment to receive the tax abatement treatment
shall be completed on or before the date two (2) years from the date of granting of
the certificate by the State Tax Commission.
1.5 The Company shall pay its specific taxes required by the act in a timely
manner, and shall not delay payments so as to incur any penalties or interest.
1.6 The Company shall not appeal the valuation of any real or personal property
at the facility to the Michigan Tax Tribunal or the State Tax Commission.
1.7 The Company shall fully cooperate with the City representatives in
supplying all requested and required documentation regarding jobs, investment,
the meeting of all goals and the timely installation and utilization of equipment
and improvements. The City shall be entitled to inspect at reasonable hours the
Company’s premises where the said improvements and equipment have been
installed and where the said jobs are performed.
1.8 The Company shall maintain, during the entire period for which the tax
abatement is granted, the level of jobs, affirmative action goals, production and
utilization of the improvements and equipment at the site where the district has
been created and for which the tax exemption has been granted.
1.9 The Company shall not cause or fail to cure the release of any hazardous
substance, or the violation of any environmental law on its premises in the City.
It shall report any releases to the appropriate governmental authority in a timely
and complete manner, and provide copies of said report documentation to the
City. It shall comply with all orders and actions of any governmental agency
having authority.
1.10 The Company shall maintain the equipment and improvements so as to
minimize physical or functional obsolescence.
Page 2
1.11 The Company shall continue to operate its business location in the City,
containing the same number of and type of jobs, for the term of the certificate.
2. AGREEMENT BY THE CITY. Provided this contract has been executed and
further provided all applications to create the district and achieve the industrial facility
exemption certificate have been properly filed, the City shall, in a timely manner,
determine in a public meeting to create the district and receive, process, and approve
thereafter the Company’s application for an industrial facilities exemption certificate.
The City may consider this contract in a meeting separate from and prior to the meeting
in which the City considers the creation of the district and approval of the application for
certificate. Further, the City shall require the submission of this contract signed by the
Company together with its applications, before creating the district.
3. EVENTS OF DEFAULT. The following actions or failures to comply shall be
considered events of default by the Company:
3.1 Failure to meet any of the commitments set forth above.
3.2 The closing of the Company’s facilities in the City. Closing shall mean for
purpose of this Agreement, the removal, without transfer to another site within the
City of substantially all of the production facilities, and the elimination of
substantially all the jobs created or retained thereby, which are set forth in the
Company’s application.
3.3 Failure to afford to the City the documentation and reporting required.
3.4 The failure to create or retain jobs, meet affirmative action goals or expend
the funds on equipment and improvements as represented in the application
within the times required hereby.
3.5 The bankruptcy or insolvency of the Company.
3.6 The failure to pay any and all taxes and assessments levied on the
Company’s property or any other taxes, local, state or federal, including but not
limited to City income taxes and the withholding of said City income taxes from
employees as required by the City Income Tax Ordinance.
3.7 The performance or omission of any act which would lead to revocation
under MCLA 207.565, being §15 of the Act.
3.8 The violation of any provisions, promises, commitments, considerations or
covenants of this Agreement.
4. REMEDIES ON DEFAULT. In the event of any of the above defaults the City
shall have the following remedies which it may invoke without notice, except as may be
reasonably required by the Company’s rights to due process:
Page 3
4.1 In the event of closing as determined after investigation of the facts and a
public hearing, the Company shall be immediately liable for penalties to be paid
forthwith to the city as determined as follows:
4.1.1 The Company shall pay to the City for prorata distribution to the
taxing units experiencing the abatement, an amount equal to the difference
between the industrial facilities tax which it has paid, and the total
property taxes to the relevant taxing units which it would have paid, given
its installations of improvements and equipment, during the years for
which the certificate was in effect.
4.1.2 Immediate Revocation. The Company hereby consents to
revocation to the IFT certificate before the State Tax Commission, without
hearing, and the City shall submit a copy of this Agreement to the State
Tax Commission in connection with its revocation procedure, giving
notice that the default has occurred and immediate revocation should
occur.
4.2 In the event the improvements and equipment have not been installed before
the two (2) year period, in addition to the revocation procedures before the State
Tax Commission, the abatement should immediately be reduced by the City
proportionately, and any installations which have not been finished at the end of
said two (2) year period shall not be eligible for the abatement thereafter and shall
be placed on the regular tax roll.
4.3 Failure to Expend the Funds Represented. In the event, (whether or not the
installations have been completed), the Company has not expended the funds it
has represented on its application that it would invest for the installation of
equipment, the abatement shall be reduced prorata, and any remaining value of
equipment shall be placed on the regular tax roll.
4.4 Job Creation and Retention. In the event the promised number of jobs have
not been created or retained at the end of the two (2) years after the grant of the
certificate by the State Tax Commission, the abatement shall be proportionately
reduced.
4.5 Affirmative Action Goals. In the event, after one (1) year from the grant of
the certificate by the State Tax Commission, the affirmative action goals of the
City for additional jobs have not been met on a prorata basis, the abatement shall
be revoked.
4.6 For other violations of this Agreement or for actions or omissions by the
Company amounting to grounds for revocation by statue, the City shall
recommend to the State Tax Commission immediate revocation of the certificate.
Page 4
4.7 Special Assessment. For any amount due to be paid to the City, under this
Section 4, the Company consents that the City shall have a personal action against
the Company for the said amount, and in addition, cumulatively, and not by
election, the City shall have a special assessment lien on all the property of the
Company personal and real, located in the City, for the collection of the amounts
due as and in the manner of property taxes and in such case the collection of the
said special assessment shall be accomplished by addition by the City to the
Company’s property tax statement regularly rendered.
5. Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Michigan applicable to contracts made and to be
performed within the State of Michigan.
6. Counterparts. This Agreement may be executed in one or more counterparts.
Notwithstanding such execution all such counterparts shall constitute one and the same
Agreement.
7. Benefit. This Agreement shall be binding upon and inure to the benefit of the
respective parties, their successors and personal representatives.
8. Effective Date. This Agreement shall be effective on the date the State of
Michigan Tax Commission grants the company at Industrial Facilities Exemption
Certificate.
CITY OF MUSKEGON
By _________________________
Stephen Gawron, Mayor
Date _________________________
and___________________________
Ann Cummings, Clerk
Date _________________________
By___________________________
Its______________________
Date _________________________
Page 5
AGENDA ITEM NO. ___________________
CITY COMMISSION MEETING ________________________
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: April 3, 2013
RE: Endorsement of Farmers Market Relocation
SUMMARY OF REQUEST:
The Downtown Muskegon Development Corporation (DMDC) is requesting an endorsement
from the City Commission to relocate the Farmers Market to properties owed by the DMDC in
the vicinity of Morris Avenue, Terrace Street, and Western Avenue.
FINANCIAL IMPACT:
The capital cost of the relocation will be funded by the DMDC.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the request.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA – ENDRSMNT FARMERS MKT RELOCATION 040313
Commission Meeting Date: April 9, 2013
Date: April 2, 2013
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Set Public Hearing for Amendment to Brownfield
Plan - Terrace Point Landing, LLC
SUMMARY OF REQUEST: To approve the attached resolution setting a public
hearing for an amendment for the Brownfield Plan, and notifying taxing jurisdictions
of the Brownfield Plan Amendment including the opportunity to express their views
and recommendations regarding the proposed amendment at the public hearing.
The amendment is for the inclusion of property owned by Terrace Point Landing,
LLC, which is an approximately 11-acre vacant parcel located at the end of Terrace
Point Drive in downtown Muskegon (see attached map).
FINANCIAL IMPACT: There is no direct financial impact in including the project in the
Brownfield Plan, although the redevelopment of the site into a residential
development will eventually add to the tax base in Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached resolution and authorize the
Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority met
on April 9, 2013 and approved the Brownfield Plan Amendment, and recommends
the approval of the Brownfield Plan Amendment to the Muskegon City Commission.
In addition, the Brownfield Redevelopment Authority recommends that the Muskegon
City Commission set a public hearing on the Plan Amendment for May 14, 2013.
denotes the proposed location of Terrace Point Landing
1
RESOLUTION NOTIFYING TAXING UNITS
AND CALLING PUBLIC HEARING REGARDING
APPROVAL OF AMENDMENT TO THE BROWNFIELD PLAN OF THE
CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY
TERRACE POINT LANDING, LLC
City of Muskegon
County of Muskegon, Michigan
___________________________________
Minutes of a Regular Meeting of the City Commission of the City of Muskegon,
County of Muskegon, Michigan (the "City"), held in the City offices, on the 9th day of
April, 2013, at 5:30 p.m., prevailing Eastern Time.
PRESENT:
Members__________________________________________________________
__________________________________________________________________
ABSENT: Members
__________________________________________________________________
The following preamble and resolution were offered by Member
_________________ and supported by Member _________________:
WHEREAS, the City of Muskegon, County of Muskegon, Michigan (the "City") is
authorized by the provisions of Act 381, Public Acts of Michigan, 1996, as amended
("Act 381"), to create a brownfield redevelopment authority; and
WHEREAS, pursuant to Act 381, the City Commission of the City duly
established the City of Muskegon Brownfield Redevelopment Authority (the "Authority");
and
WHEREAS, in accordance with the provisions of Act 381, the Authority has
prepared and approved Brownfield Plan Amendments to include Terrace Point
Landing, LLC, and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendments to the
City Commission requesting its approval of the Brownfield Plan Amendments and
WHEREAS, prior to approval of the Brownfield Plan Amendments, the
Muskegon City Commission desires to hold a public hearing in connection with
consideration of the Brownfield Plan Amendments as required by Act 381; and
WHEREAS, prior to approval of the Brownfield Plan Amendments, the
City Commission is required to provide notice and a reasonable opportunity to the
taxing jurisdictions levying taxes subject to capture, to express their views and
recommendations regarding the Brownfield Plan Amendments.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Commission hereby acknowledges receipt of the Brownfield Plan
Amendments from the Authority and directs the City Clerk to send a copy of the
proposed Brownfield Plan Amendments to the governing body of each taxing
jurisdiction in the City, notifying them of the City Commission's intention to consider
approval of the Brownfield Plan Amendments [after the public hearing described below].
2. A public hearing is hereby called on the 14th of May, 2013 at 5:30 p.m.,
prevailing Eastern Time, in the City Hall Commission Chambers to consider adoption by
the City Commission of a resolution approving the Brownfield Plan Amendments.
3. The City Clerk shall cause notice of said public hearing to be published in
the Muskegon Chronicle, a newspaper of general circulation in the City, twice before
the public hearing. The first publication of the notice shall be not less than 10 days or
more than 40 days before the date set for the public hearing. The notice shall be
published as a display advertisement prominent in size.
4. The notice of the hearing shall be in substantially the following form:
CITY OF MUSKEGON
COUNTY OF MUSKEGON, STATE OF MICHIGAN
PUBLIC HEARING ON AN AMENDMENT TO THE MUSKEGON BROWNFIELD
PLAN, AS APPROVED BY THE CITY OF MUSKEGON BROWNFIELD
REDEVELOPMENT AUTHORITY
TO ALL INTERESTED PERSONS IN THE CITY OF MUSKEGON:
PLEASE TAKE NOTICE that the Muskegon City Commission of the City of
Muskegon, Michigan, will hold a public hearing on May 14, 2013, at 5:30 p.m.,
prevailing Eastern Time in the City Hall Commission Chambers located at 933 Terrace
Street, Muskegon, Michigan, to consider the adoption of a resolution approving a
Brownfield Plan Amendment for the City of Muskegon Brownfield Redevelopment
Authority pursuant to Act 381 of the Public Acts of Michigan of 1996, as amended.
The property to which the proposed Brownfield Plan Amendment applies is:
Parcel #61-24-205-558-0001-00
Terrace Point Landing, LLC
Vacant land at the end of Terrace Point Drive
(see Attachment A for legal description of property)
Muskegon, Michigan 49440
Copies of the proposed Brownfield Plan Amendment are on file at the office of the City
Clerk for inspection during regular business hours.
At the public hearing, all interested persons desiring to address the City
Commission shall be afforded an opportunity to be heard in regard to the approval of
the Brownfield Plan Amendments for the City of Muskegon Brownfield Redevelopment
Authority. All aspects of the Brownfield Plan Amendments will be open for discussion at
the public hearing.
FURTHER INFORMATION may be obtained from the City Clerk.
This notice is given by order of the City Commission of the City of Muskegon,
Michigan.
_____________________________
Ann Marie Cummings, City Clerk
5. All resolutions and parts of resolutions insofar as they conflict with the
provisions of this resolution be and the same hereby are rescinded.
AYES: Members
_____________________________________________________________________
_______________________________________________________________
NAYS: Members
__________________________________________________________________
RESOLUTION DECLARED ADOPTED.
_____________________________
Ann Marie Cummings, City Clerk
I hereby certify that the foregoing is a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon, State
of Michigan, at a regular meeting held on April 9, 2013, and that said meeting was
conducted and public notice of said meeting was given pursuant to and in full
compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976,
as amended, and that the minutes of said meeting were kept and will be or have been
made available as required by said Act.
_____________________________
Ann Marie Cummings, City Clerk
ATTACHMENT A
Included in this Plan is approximately 11 acres of vacant land located at the end of
Terrace Point Road in downtown Muskegon, Michigan. The parcel number/legal
description of the eligible property is:
Parcel #61-24-205-558-0001-00
Legal description:
CITY OF MUSKEGON REVISED PLAT OF 1903 THAT PART OF BLK 558 AS RECORDED IN L 3
OF PLATS P 71 MUSKEGON COUNTY MI INCLUDING ALL LANDS MADE BY LAND-FILL WHICH
MAY HAVE BEEN SUBSQUEOUS LANDS AT THE TIME OF THE DEDICATION OF SD REVISED
PLAT OF 1903 DESC AS FOLS: COM @ INT NELY LN TERRACE ST BEING SWLY LN BLK 557
EXTND TO CL VAC WATER ST TH N 62D 44M 00S W ALNG NELY LN SD TERRACE ST EXTND
381.45 FT TH WLY ALNG NLY LN SD TERRACE ST ALNG ARC OF A 302.48 FT R CURVE TO LT A
DIST OF 269.86 FT TO LN BET LOTS 5 & 6 SD BLK 558 (LC SD CURVE BEARS N 88D 17M 30S W
261 FT CENTRAL ANGLE SD CURVE 51D 07M 00S) TH N 46D 09M 15S W ALNG SD LN BET
LOTS 5 & 6 A DIST 534.25 FT TO POB THIS DESC TH N 27D 25M 55S E 925.82 FT TO A POINT
HEREINAFTER REFERRED TO AS "POINT A" TH CONT N 27D 25M 55S E 5 FT M/L TO SHORE
MUSKEGON LAKE TH NWLY & SWLY ALNG SHORE MUSKEGON LAKE 1350 FT M/L TO SD LN
BET LOTS 5 & 6 SD BLK TH S 46D 09M 15S E ALNG SD LN BET LOTS 5 & 6 A DIST 820 FT M/L
TO POB EXC PART TH'OF INCLUDED IN FOL DESC PARCEL THAT PART BLKS 558 & 563 DESC
AS FOL COM @ INT NELY LN TERRACE ST BEING SWLY LN BLK 557 EXTND TO CL VAC
WATER ST TH N 62D 44M 00S W ALNG NELY LN SD TERRACE ST EXTND 381.45 FT TH WLY
ALNG NLY LN SD TERRACE ST ALNG ARC OF A 302.48 FT R CURVE TO LT A DIST 477.51 FT
(LC SD CURVE BEARS S 72D 02M 30S W 429.45 FT CENTRAL ANGLE SD CURVE IS 90D 27M
00S) TH S 26D 49M 00S W ALNG NELY LN SD TERRACE ST 225.07 FT TO A POINT
HEREINAFTER REFERRED TO AS POB FOR EASEMENT TH NLY ALNG ARC OF A 517 FT R
CURVE TO RT A DIST 705.40 FT (LC SD CURVE BEARS N 23 D 29M 25S W 651.95 FT CENTRAL
ANGLE SD CURVE IS 78D 10M 34S) TH N 15D 35M 52S E 187.25 FT TH ELY NLY & WLY ALNG
ARC OF A 75 FT R CURVE TO LT A DIST 232.88 FT (LC SD CURVE BEARS N 18D 20M 25S W
149.98 FT CENTRAL ANGLE SD CURVE IS 177D 54M 42S) TO POB THIS DESC TH SWLY ALNG
ARC OF A 75 FT R CURVE TO LT A DIST 105.61 FT (LC SD CURVE BEARS S 32D 21M 55S W
97.10 FT CENTRAL ANGLE SD CURVE IS 80D 40M 47S) TH N 61D 06M 15S W 139.74 FT TH
SWLY ALNG ARC OF 172 FT R CRUVE TO RT A DIST 89.56 FT (LC SD CURVE BEARS S 58D
58M 45S W 88.55 FT CENTRAL ANGLE SD CURVE IS 29D 50M 00S) TH S 73D 53M 45S W 127.91
FT TH N 16D 06M 15S W 75 FT TH S 73D 53M 45S W 110 FT TH N 16D 06M 15S W 250 FT M/L TO
WATER'S EDGE MUSKEGON LAKE TO A POINT HEREINAFTER REFFERED TO AS "POINT A" TH
RECOM AT POB TH N 17D 17M 45S W 326.55 FT TH N 66D 15M 15S W 275 FT M/L TO WATER'S
EDGE MUSKEGON LAKE TH SWLY ALNG SD WATER'S EDGE MUSKEGON LAKE 350 FT M/L TO
ABOVE MENTIONED "POINT A" EXC THAT PART OF BLK 558 AS RECORDED IN L 3 OF PLATS P
71 MUSKEGON COUNTY MI INCLUDING ALL LANDS MADE BY LAND-FILL WHICH MAY HAVE
BEEN SUBSQUEOUS LANDS AT THE TIME OF THE DEDICATION OF SD REVISED PLAT OF
1903 DESC AS FOLS: COM @ WESTERNMOST CRNR MUSKEGON LAKESHORE SMARTZONE
CONDOMINIUM SUBDIVISION NO. 100 AS AMENDED: TH N 27 DEG 25 MIN 55 SEC E 198.94 FT
ALNG THE WLY LN OF SD CONDO TO POB TH N 62 DEG 05 MIN 15 SEC W 106.63 FT TH S 27
DEG 54 MIN 45 SEC W 61.66 FT TO THE NTHLY LINE OF TERRACE PT DR TH NWLY ALNG SD
LINE 91.59 FT ALNG A 75.00 FT RAD CURVE TO THE LEFT THE LONG CHORD OF WHICH
BEARS N 62 DEG 02 MIN 15 SEC W 86.00 FT TH N 27 DEG 54 MIN 45 SEC E 127.66 FT TH S 62
DEG 05 MIN 15 SEC E 192.07 FT TO THE WLY LINE OF SD CONDOMINIUM TH S 27 DEG 25 MIN
55 SEC W 66.00 FT ALNG SD LN TO POB.
This eligible property includes all real and new personal property.