City Commission Packet 05-08-2007

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      CITY OF MUSKEGON
        CITY COMMISSION MEETING
                            MAY 8, 2007
     CITY COMMISSION CHAMBERS@ 5:30 P.M.
                                 AGENDA

•   CALL TO ORDER:
•   PRAYER:
•   PLEDGE OF ALLEGIANCE:
•   ROLL CALL:
•   HONORS AND AWARDS:
•   INTRODUCTIONS/PRESENTATION:
o   CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
      B. Recommendations for the Various Boards and Committees. CITY CLERK
      C. Approval of the Use and Maintenance of City-Owned Property at 1232
         Pine Street for a Garden by David O'Neal. PLANNING & ECONOMIC
         DEVELOPMENT
      D. Nine Month Extension to Construct a Single-Family Home at 318
         Meeking Street. PLANNING & ECONOMIC DEVELOPMENT
      E. Agreement for Engineering Services. ENGINEERING
      F. Altitude and Relief Valve Rebuilding. WATER FILTRATION
      G. Agreement with Harbor Unitarian Universalist Congregation. ASSIST ANT
         CITY MANAGER
      H. Assistant to Firefighters Grant Proposal.   DEPUTY DIRECTOR OF PUBLIC
         SAFETY
•   PUBLIC HEARINGS:
•   COMMUNICATIONS:
•   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
•   NEW BUSINESS:
        A. Highway Easement for Shoreline Drive. CITY MANAGER
        B. Matching Grant Application Funding. DEPARTMENT OF PUBLIC WORKS
        C. METRO Act Request from NextG Telephone Company. ASSISTANT CITY
             MANAGER
•   ANY OTHER BUSINESS:
•   PUBLIC PARTICIPATION:
•   Reminder: Individuals who would fike to address the City Commission shall do the following:
•   Fill out a request to speak form a11ached to lhe 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.)

•   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 MUSl
                                                                Name: Ann Marie Becker, MMC
                                                                Title: Clerk
                                                                Date:--~_,.__\    _ _ _, 2007



                                                                ::,greg,tbk.J L
                                                                 LICENSEE - Harbor Unitarian Universalist



                                                                Name: And           mk     1
                                                                Title: President/




pb\Unitar Univers Church Fann Mkt Concession Agrmnt 050 I07
                               CITY COMMISSION MEETING
                                   Tuesday, May 8, 2007



TO:            Honorable Mayor and City Commissioners

FROM:          Mark Kincaid
               Deputy Director of Public Safety

DATE:          May 3, 2007

SUBJECT:       Request to Provide Matching Funds for Assistance to Firefighters Grant


SUMMARY OF REQUEST:

Fire Department staff is requesting approval by the Commission to spend up to $8000 as
the ten percent matching funds for a federal Assistance to Firefighters Grant. This grant,
if approved, will be used to upgrade the Department's ice rescue capability by replacing
an aging hovercraft with an airboat.

FINANCIAL IMPACT:

Funds for the matching portion of the grant would come from the Fire Equipment
Improvement Fund. To date the Muskegon Fire Department has received approximately
$350,000 of firefighting, rescue, and safety equipment from the Assistance to Firefighters
Grant Program for an investment of$35,000.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATIONS:

Approval
                          AGENDA ITEM NO. _ _ _ _ _ _ __

                CITY COMMISSION MEETING _ _ _ _ _ _ _ _ __


TO:         Honorable Mayor and City Commissioners

FROM:       Bryon L. Mazade, City Manager

DATE:       April 30, 20007

RE:         Highway Easement for Shoreline Drive



SUMMARY OF REQUEST:
To approve the Highway Easement for Shoreline Drive with Michigan Department of
Transportation (MOOT). This easement is necessary to facilitate a jurisdictional transfer
of Muskegon/Webster and Shoreline Drive.



FINANCIAL IMPACT:
None.




BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
To approve the conveyance of the Highway Easement and authorize the Mayor sign the
easement.




COMMITTEE RECOMMENDATION:
                                        HIGHWAY EASEMENT
                                 TO THE MICHIGAN DEPARTMENT OF TRANSPORTATION
                                               This information required by P.A. 286 of 1964
MDOT 0638 {12/02


The Grantors            City of Muskegon, a Michigan municipal corporation
whose address is:       933 Terrace     Muskegon, Michigan 49445
for the sum of        Zero dollars (donation)
conveys to the Michigan Department of Transportation, whose address is Lansing, Michigan, an easement for highway
purposes in, over, and upon the real estate located in the City of Muskegon, County of Muskegon, State of Michigan,
described as:




                                      -SEE ATTACHED LEGAL DESCRIPTIONS-




Subject to the following: This conveyance includes the consent of the grantors to the removal at any time of such tress, shrubs and
vegetation as, in the judgment of the Michigan Department of Transportation, is necessary to the construction and maintenance of
the highway. Notice to the grantors of the removal by the Michigan Department ofTransp011ation of such trees, shrubs, and
vegetation is not required. The grantors agree that no tress, shrubs or vegetation shall be cut or removed from the highway right of
way easement by the grantors, their heirs, successors and assigns, without the written permission of the Michigan Department of
Transportation. The grantors agree for themselves, their heirs, successors and assigns, that no billboard, or advertising device,
shall be erected, permitted or maintained on the right of way as described.
PROPERTY TAX CODE NUMBER: multinle tax numbers, reflectine rieht ofwav accuisition by the Citv of Muskeeon
CONTROL SECTION:                              PARCEL:                                        NAME:
            61151                                                                                      City of Muskegon
JOB NUMBER:                                   FED ITEM NUMBER:                               FEDERAL PROJECT NUMBER:
            59527C                                      NIA                                            NIA
Signed this -~g~t_h
                  _ _ _ _ _ day of _ _
                                     M_a~y~--~' 2007

                                                                           For the City of Muskegon:




                                                              Granto,.           ephen J. Warm· n                  Mayor


                                                             ~~~-6~'0\,;\  rJ? '- v~ \
                                                                 Ann Marie Becker, City
                                                              Grantor:                                             Clerk
Witness      t,'nda ,1tl't'r




                                              CORPORATE ACKNOWLEDGMENT
STATE OF MICHIGAN

County of:        Muskegon

The foregoing instrument was acknowledged before me this      --~/~'/_7'._'h____ Day of ;p/'i:J'<                   ,2007,


by    Stephen J. Warmington                             and _ _ _A_n_n__M=a"'r"'i~e=-----=B~e"'c~k~e~r~-----
      Name of Officer                                        Name of Officer



the_ _ _M_a~y_o_r_ _ _ _ _ _ _ _ _ _ _ _ _ and _ _C=i~t_,y_C=l-=e~r-'-k,_________ respectively
     Title of officer                                        Title of officer



Of __C_i_t~y_o_f__~M~u~s~k~e~g=o~n=-----_______ a             1 oc a 1 gave rnmen t             on behalf of the
     Name of Corporation/partnership/entity                  Type of entity

Corporation/partnership/entity.


                                               _M_u_s_k_e=g_o_n_ _ _ _ , Michigan           f- o?S"- d0/,2
NOTARY PUBLIC                                  COUNTY                                    COMMISSION EXPIRES




DRAFTED BY: Peter Loftis

When recorded return to:
Michigan Department of Transportation
1420 Front Avenue NW
Grand Rapids, Ml 49504
An easement for highway purposes located in the Revised Plat of 1903 of the City of Muskegon (recorded
in Liber 3 of Plats, Page 71), being in Sections 19, 20 and 30, Town 10 North, Range 16 West, City of
Muskegon, Muskegon County, State of Michigan, described as follows:

Commencing at the Southwest corner of Section 30, Town 10 North, Range 16 West; thence South 88° 05'
48" East 827.55 feet along the South line of said Section; thence North 02° 17' 47" East 2509.76 feet along
the construction centerline of U.S. 31-BR (Seaway Drive) to a point on the South line of Block 343 and
POINT OF BEGINNING;

thence North 87° 58' 39" West 164.49 feet along the South line of Block 343;

thence North 02° 02' 53" East 28.00 feet along the West line of land described and recorded in Liber 1668,
Page 86;

thence North 50° 00' 00" West 26.00 feet;

thence North 13° 12' 38" West 145.93 feet;

thence North 51' 43' 44" East 14.00 feet along the Southeasterly line of Lot 8, Block 343;

thence North 38' 02' 28" West 39.00 feet along the Southwesterly line of land described and recorded in
Liber 1808, Page 212;

thence North 17° 47' 27" West 656.31 feet;

thence North 51 ° 39' 37" East 38.15 feet along the Northwesterly line of Block 320;

thence North 17' 47' 27" West 51.01 feet along a line located 34.00 feet Southwesterly of and parallel with
the survey centerline of Southbound Shoreline Drive, to the point of curvature of a 658.98 foot radius curve
to the rig ht;

thence Northerly along the arc of said curve a distance of 167. 78 feet (chord bearing North 10° 29' 48"
West, chord distance 167.32 feet) to the point of tangency of said curve, the arc of said curve being 34.00
feet Westerly of and parallel with the survey centerline of Southbound Shoreline Drive;

thence North 03° 12' 09" West 73.40 feet;

thence North 41' 39' 11" West 32.98 feet to the Southeasterly line of lands described and recorded in Liber
2014, Page 13;

thence Northeasterly along the Southeasterly line of said lands described and recorded in Liber 2014, Page
13 for the following 6 courses:

1) thence Northeasterly along the arc of a 997.91 foot radius curve to the right a distance of 356.47 feet
(chord bearing North 26' 27' 20" East, chord distance 354.57 feet) to the point of tangency of said curve;

2) thence North 36° 41' 20" East 1881.50 feet to the point of curvature of a 2064.81 foot radius curve to the
left;

3) thence Northeasterly along the arc of said curve a distance of 489.72 feet (chord bearing North 29° 53'
39" East, chord distance 488.58 feet) to the point of tangency of said curve;

4) thence North 23' 05' 59" East 142.33 feet to the point of curvature of a 3281.02 foot radius curve to the
right;
5) thence Northeasterly along the arc of said curve a distance of 299.54 feet (chord bearing North 25° 42'
54" East, chord distance 299.44 feet) to the point of tangency of said curve;

6) thence North 28° 19' 50" East 786.85 feet to a point located North 61 ° 13' 1O" West, 1553.43 feet along
the Northerly line of Terrace Street and the extension thereof and South 28° 19' 50" West 467.88 feet from
the most Southerly corner of Block 556;

thence South 61° 41' 12" East 0.14 feet;

thence North 28° 18' 48" East 94.81 feet to the point of curvature of a 741. 94 foot radius curve to the right;

thence Northeasterly and Easterly along the arc of said curve a distance of 854.05 feet (chord bearing North
61 ° 17' 23" East, chord distance 807.67 feet) to the point of tangency of said curve;

thence South 85° 44' 02" East 1271.26 feet to the point of curvature of 1296.90 foot radius curve to the left;

thence Easterly along the arc of said curve a distance of 253.36 feet (chord bearing North 88° 40' 1O" East,
chord distance 252.96 feet);

thence South 06° 55' 37" East 9.62 feet;

thence South 28° 55' 00" West 10.60 feet;

thence South 39°55' 00" East 11.80 feet;

thence South 85° 53' 00" East 227.28 feet;

thence South 72° 28' 00" East 37.40 feet;

thence South 88° 34' 00" East 60.00 feet;

thence North 88° 11' 25" East 202.97 feet to the Southwest corner of Lot 10, Block 170;

thence South 88° 14' 33" East 181.71 feet along the South line of Block 170 to the point of curvature of a
669.24 foot radius curve to the left;

thence Easterly and Northeasterly along the arc of said curve a distance of 447.14 feet (chord bearing North
56° 23' 46" East, chord distance 438.87 feet) and being along the Northwesterly line of the land described
and recorded in Liber 3228, Page 334 and along the Southeasterly line of the land described and recorded
in Liber 3727, Page 378;

thence South 64° 02' 24" East 25.46 feet along the Northeasterly line of Lot 5, Block 169, to a point on the
existing Westerly right of way line of Highway U.S. 31-BR (Seaway Drive);

thence South 25° 57' 40" West 257.62 feet along the Westerly right of way line of U.S.31-BR (Seaway
Drive), said line located 50.00 feet Westerly of and parallel with the construction centerline of Southbound
U.S. 31-BR (Seaway Drive);

thence South 33° 28' 26" West 76.48 feet;

thence South 25° 57' 40" West 170.55 feet along the Westerly right of way line of U.S. 31-BR (Seaway
Drive), said line located 60.00 feet Westerly of and parallel with the construction centerline of Southbound
U.S. 31-BR (Seaway Drive);

thence South 58° 44' 32" West 73.99 feet along the Northwesterly line of Block 179;
thence North 77' 53' 58" West 48 06 feet to intersection of centerline of vacated Clay Avenue with Easterly
line of Ottawa Street extended, and being along the South line of the land described and recorded in Liber
2086, Page 812;

thence North 25' 55' 33" East 3.00 feet along the Easterly line of Ottawa Street, extended;

thence North 68° 24' 24" West 66.18 feet;

thence South 25' 55' 33" West 21.00 feet along the Easterly line of Block 172;

thence North 30' 59' 39" West 37.00 feet along the Southwesterly line of Block 172;

thence North 77' 58' 09" West 90.27 feet;

thence South 30' 59' 39" East 22.00 feet along the Northeasterly line of Block 173;

thence North 85' 42' 57" West 329.92 feet along the North line of the land described and recorded in Liber
3014, Page 084;

thence North 00° 31' 20" West 27.82 feet along a boundary line of the land described and recorded in Liber
3014, Page 084;

thence North 85' 42' 57" West 112.54 feet;

thence South 58' 23' 08" West 46.25 feet along the Southeasterly line of Block 554;

thence North 30' 47' 16" West 37.15 feet along the Southwesterly line of the land described and recorded in
Liber 2111, Page 269;

thence North 85' 42' 57" West 181.35 feet along the Northerly line of the land described and recorded in
Liber 2316, Page 495, and along the Southerly line of the land described and recorded in Liber 2316, Page
493, to a boundary corner described and recorded in said Liber 2316, Page 493;

thence South 71 ° 58' 50" West 79.93 feet;

thence North 40' 42' 58" West 41.1 O feet along the Easterly line of land described and recorded in Liber
3706, Page 484;

thence North 85' 42' 57" West 1010.87 feet along the North line of land described and recorded in Liber
3706, Page 484;

thence South 82' 05' 31" West 122.80 feet;

thence North 42' 00' 1O" West 37.53 feet along the Easterly line of land described and recorded in Uber
3492, Page 546;

thence North 85' 42' 57" West 147.27 feet along the North line of said land recorded in Uber 3492, Page
546, to the point of curvature of a 707.99 foot radius curve to the left;

thence Westerly and Southwesterly along the arc of said curve a distance of 495.61 feet (chord bearing
South 74' 13' 48" West, chord distance 485.55 feet), along the Northerly and Northwesterly line of said land
recorded in Uber 3492, Page 546, and the continuation thereof;

thence Westerly along the arc of a 177.47 foot radius curve to the left a distance of 2.00 feet (chord bearing
South 80'28' 06" West, chord distance 2.00 feet), along the North line of land described and recorded in
Uber 1124, Page 209, to a point located 18.52 feet Easterly along said 177.47 foot radius curve (chord
bearing North 77° 09' 21" East, chord distance 18.51 feet) from Point 6, as shown and recorded in Liber
1124, Page 211;

thence Southwesterly along the arc of a 705.32 foot radius curve to the left a distance of 44.83 feet (chord
bearing South 51° 53' 03" West, chord distance 44.82 feet), being also along the Southeasterly line of the
land described and recorded in Liber 3424, Page 163, to a point on the Northwesterly line of the land
described and recorded in Liber 1124, Page 209, said point located Southwesterly along the arc of a 715.32
foot radius curve to the left a distance of 29.18 feet (chord bearing South 36° 1O' 10" West, chord distance
29.18 feet) from Point 6, as shown and recorded in Liber 1124, Page 211;

thence continuing Southwesterly along the arc of a 713.26 foot radius curve to the left a distance of 107.43
feet (chord bearing South 30° 40' 56" West, chord distance 107.33 feet) to the point of tangency of said
curve and being along the Northwesterly line of the land described and recorded in Liber 1124, Page 209
and the Southeasterly line of the land described and recorded in Liber 2013, Page 57;

thence South 26° 22' 02" West 254.17 feet along the Northwesterly line of the land described and recorded
in Liber 1124, Page 209, and along the Southeasterly line of the land described and recorded in Liber 2013,
Page 57;

thence South 61° 02' 29" East 20.50 feet along the Southwesterly line of Block 562;

thence South 12° 38' 51" West 37.51 feet along the Easterly line of Lot 10, Block 563;

thence North 61' 02' 29" West 84.79 feet along a line located 66.00 feet Southwesterly of and parallel with
the Southwesterly line of the land described and recorded in Liber 1124, Page 209;

thence South 28° 19' 50" West 758.63 feet along the Easterly line of the land described and recorded in
Uber 1123, Page 415;

thence South 16° 23' 26" West 121.54 feet, to a point located Southeasterly 34.00 feet from the survey
centerline of Northbound Shoreline Drive;

thence continuing Southwesterly along a line located 34.00 feet Southeasterly of and parallel with the
survey centerline of Northbound Shoreline Drive for the following 4 courses:

1) thence Southwesterly along the arc of a 772.66 foot radius curve to the right a distance of 224.30 feet
(chord bearing South 21 ° 18' 59" West, chord distance 223 .. 51 feet) to the point of tangency of said curve;

2) thence South 29° 37' 58" West 209.52 feet to the point of curvature of a 1117.91 foot radius curve to the
right;

3) thence Southwesterly along the arc of said curve a distance of 216.39 feet (chord bearing South 35° 10'
41" West, chord distance 216.05 feet) to the point of tangency of said curve, also being the point of
curvature of a 5176.30 foot radius curve to the left;

4) thence Southwesterly along the arc of said curve a distance of 221.84 feet (chord bearing South 39° 29'
44" West, chord distance 221.83 feet);

thence North 38° 16' 18" West 11.31 feet along the Southwesterly line of Block 567;

thence Southwesterly along the arc of a 5187.29 foot radius curve to the left a distance of 145.59 feet
(chord bearing South 37° 29' 35" West, chord distance 145.58 feet), being also along the existing
Southeasterly right of way line of Shoreline Drive, said line being 23.00 feet Southeasterly of and parallel
with the survey centerline of Northbound Shoreline Drive, to the point of tangency of said curve;
thence South 36' 41' 20" West 329.62 feet along the existing Southeasterly right of way line of Shoreline
Drive;

thence South 38' 23' 42" East 11.54 feet along the Southwesterly line of the Northeasterly 63.00 feet of
Block 570;

thence South 36' 41' 20" West 487. 73 feet along a line located 34.15 feet Southeasterly of and parallel with
the survey centerline of Northbound Shoreline Drive;

thence South 30' 57' 16" West 118.58 feet

thence South 36' 41' 20" West 130.61 feet;

thence South 41 ° 06' 00" West 130. 77 feet to a point on the Southeasterly line of Block 570;

thence South 36' 35' 38" West 256.09 feet to a point on the Northwesterly line of Block 318, said point
located South 51' 24' 53" West 80.00 feet from the Northerly corner of Block 318;

thence South 36' 47' 46" West 246.77 feet along the Easterly line of the land described and recorded in
Liber 1668, Page 93;

thence South 17' 54' 26" West 94.14 feet along the Easterly line of the land described and recorded in Liber
1668, Page 93, to a point on the Southwesterly line of Block 318 located North 38' 13' 29" West 25.00 feet
from the Southerly corner of Lot 1, Block 318;

thence South 01' 48' 49" East 111.18 feet;

thence South 38' 13' 29" East 94.92 feet along the Northeasterly line of Block 319 to the Easterly corner of
Block 319;

thence South 38' 08' 01" East 66.00 feet to the Northerly corner of Block 320;

thence South 38' 02' 35" East 303.25 feet along the Northeasterly line of Block 320 to the Easterly corner of
Block 320;

thence South 38' 02' 33" East 66.00 feet to the Northerly corner of Block 341;

thence South 38' 02' 30" East 284.91 feet along the Northeasterly line of Block 341 to the Easterly corner of
Block 341;

thence South 38' 08' 50" East 66.00 feet to the Northerly corner of Block 344;

thence South 38' 15' 08" East 104.21 feet along the Northeasterly line of Block 344;

thence South 81 ° 23' 35" West 75.94 feet to the midpoint of the Southwesterly line of Lot 1;

thence South 26' 07' 42" West 73.20 feet to a point on the Southwesterly line of Lot 2, said point located
35.00 feet Northwesterly of the Southerly corner of Lot 2;

thence South 38' 14' 48" East 0.20 feet along the Southwesterly line of said Lot 2;

thence South 30' 11' 12" West 94.77 feet to a point on the Northwesterly line of the alley in Block 344;

thence South 02' 17' 47" West 83.06 feet along the East line of Glade Street extended;
thence North 87' 51' 04" West 66.00 feet along the North line of Glade Street to the Northeast corner of Lot
6, Block 343;

thence South 02' 17' 47" West 106.39 feet to the Southeast corner of Lot 6, Block 343;

thence South 61' 16' 00" West 67.91 feet along the Southeasterly line of Block 343;

thence North 87' 58' 39" West 5.81 feet along the South line of Block 343 to the point of beginning;

EXCEPT any and all dedicated right of way.

All distances are grid distances. Grid distances divided by 0.99992 = ground distance.


The following descriptions pertain to the highway alignments for Shoreline Drive, as surveyed for the
jurisdictional transfer between the Michigan Department of Transportation (MOOT) and the City of
Muskegon. MDOT is to assume highway jurisdiction for Shoreline Drive; and the City is to assume
highway jurisdiction of the current US-31 Business Route that is commonly known as Muskegon
Avenue (northeasterly one-way) and Webster Avenue (southwesterly one-way).


                                              ALIGNMENTS

                                   SOUTHBOUND SHORELINE DRIVE
                                       SURVEY CENTERLINE


Shoreline Drive Southbound survey centerline alignment located in the Revised Plat of 1903 of the City of
Muskegon (recorded in Liber 3 of Plats, Page 71), being in Sections 19, 20 and 30, Town 10 North, Range
16 West, City of Muskegon, Muskegon County, State of Michigan, described as follows:

Commencing at the Southwest corner of Section 30, Town 10 North, Range 16 West; thence South 88' 05'
48" East 827.55 feet along the South line of said Section; thence North 02' 17' 47" East 1646.57 feet along
the construction centerline of U.S. 31-BR (Seaway Drive); thence North 88' 00' 21" West 51.00 feet along
the centerline of Southern Avenue to the POINT OF BEGINNING of the Shoreline Drive Southbound survey
centerline alignment;

thence North 02' 17' 47" East 52.73 feet to the point of curvature of a 9820.36 foot radius curve to the left;

thence Northerly along the arc of said curve a distance of 328.55 feet (chord bearing North 01' 20' 16" East,
chord distance 328.54 feet) to the point of tangency of said curve;

thence North 00' 22' 46" East 220.94 feet to the point of curvature of a 1437.18 foot radius curve to the left;

thence Northerly along the arc of said curve a distance of 455. 77 feet (chord bearing North 08' 42' 20"
West, chord distance 453.87 feet) to the point of tangency of said curve;

thence North 17' 47' 27" West 787.15 feet to the point of curvature of a 624.95 foot radius curve to the right;

thence Northerly along the arc of said curve a distance of 594.23 feet (chord bearing North 09' 26' 57" East,
chord distance 572.1 O feet) to the point of tangency of said curve;

thence North 36' 41' 20" East 1582.95 feet to the point of curvature of a 5264.30 foot radius curve to the
right;
thence Northeasterly along the arc of said curve a distance of 370.69 feet (chord bearing North 38°42' 22"
East, chord distance 370.62 feet) to the point of tangency of said curve, also being the point of curvature of
a 1029.91 foot radius curve to the left;

thence Northeasterly along the arc of said curve a distance of 199.36 feet (chord bearing North 35° 10' 41"
East, chord distance 199.05 feet) to the point of tangency of said curve;

thence North 29° 37' 58" East 221.16 feet to the point of curvature of a 605.04 foot radius curve to the left;

thence Northerly along the arc of said curve a distance of 175.64 feet (chord bearing North 21 ° 18' 59" East,
chord distance 175.03 feet) to the point of tangency of said curve, also being the point of curvature of a
1025.28 foot radius curve to the right;

thence Northerly along the arc of said curve a distance of 273.72 feet (chord bearing North 20° 38' 54" East,
chord distance 272.91 feet) to the point of tangency of said curve;

thence North 28° 17' 48" East 856.60 feet to the point of curvature of a 723.50 foot radius curve to the right;

thence Northeasterly and Easterly along the arc of said curve a distance of 833.25 feet (chord bearing North
61 ° 17' 25" East, chord distance 787.96 feet) to the point of tangency of said curve;

thence South 85° 42' 57" East 641. 76 feet to the point of curvature of a 6561.14 foot radius curve to the
right;

thence Easterly along the arc of said curve a distance of 335.33 feet (chord bearing South 84° 15' 06'' East,
chord distance 335.30 feet) to the point of tangency of said curve;

thence South 82° 47' 15" East 177.21 feet to the point of curvature of a 6561.16 foot radius curve to the left;

thence Easterly along the arc of said curve a distance of 335.34 feet (chord bearing South 84° 15' 07" East,
chord distance 335.31 feet) to the point of tangency of said curve;

thence South 85° 42' 58" East 490.94 feet to the point of curvature of a 770.94 foot radius curve to the left;

thence Easterly and Northeasterly along the arc of said curve a distance of 919.31 feet (chord bearing North
60° 07' 21" East, chord distance 865.80 feet) to the POINT OF ENDING, said point of ending being located
Westerly 12.00 feet from the U.S. 31-BR (Seaway Drive) Southbound alignment.
                                   NORTHBOUND SHORELINE DRIVE
                                       SURVEY CENTERLINE


Shoreline Drive Northbound survey centerline alignment located in the Revised Plat of 1903 of the City of
Muskegon (recorded in Liber 3 of Plats, Page 71 ), being in Sections 19, 20 and 30, Town 10 North, Range
16 West, City of Muskegon, Muskegon County, State of Michigan, described as follows:

Commencing at the Southwest corner of Section 30, Town 10 North, Range 16 West; thence South 88° 05'
48" East 827.55 feet along the South line of said Section; thence North 02° 17' 47" East 1646.57 feet along
the construction centerline of U.S. 31-BR (Seaway Drive); thence South 88° 00' 21" East 27.00 feet along
the centerline of Southern Avenue to the POINT OF BEGINNING of the Shoreline Drive Northbound survey
centerline alignment;

thence North 02° 17' 4 7" East 52.31 feet to the point of curvature of a 9817. 97 foot radius curve to the left;

thence Northerly along the arc of said curve a distance of 328.46 feet (chord bearing North 01 ° 20' 17" East,
chord distance 328.45 feet) to the point of tangency of said curve, also being the point of curvature of a
9005.56 foot radius curve to the left;

thence Northerly along the arc of said curve a distance of 328.68 feet (chord bearing North 00° 39' 58"
West, chord distance 328.66 feet) to the point of tangency of said curve;

thence North 01 ° 42' 42" West 460.65 feet to the point of curvature of a 876.92 foot radius curve to the left;

thence Northerly along the arc of said curve a distance of 487.04 feet (chord bearing North 17° 37' 22"
West, chord distance 480.81 feet) to the point of tangency of said curve;

thence North 33° 32' 02" West 205.24 feet to the point of curvature of a 449.96 foot radius curve to the right;

thence Northerly along the arc of said curve a distance of 551.48 feet (chord bearing North 01 ° 34' 39" East,
chord distance 517.61 feet) to the point of tangency of said curve;

thence North 36° 41' 20" East 1606.09 feet to the point of curvature of a 5210.29 foot radius curve to the
right;

thence Northeasterly along the arc of said curve a distance of 366.89 feet (chord bearing North 38° 42' 22"
East, chord distance 366.81 feet) to the point of tangency of said curve, also being the point of curvature of
a 1083.91 foot radius curve to the left;

thence Northeasterly along the arc of said curve a distance of 209.81 feet (chord bearing North 35° 10' 41"
East, chord distance 209.48 feet) to the point of tangency of said curve;

thence North 29° 37' 58" East 209.52 feet to the point of curvature of a 738.66 foot radius curve to the left;

thence Northerly along the arc of said curve a distance of 214.43 feet (chord bearing North 21° 18' 59" East,
chord distance 213.68 feet) to the point of tangency of said curve, also being the point of curvature of
884.61 foot radius curve to the right;

thence Northerly along the arc of said curve a distance of 236.17 feet (chord bearing North 20° 38' 54" East,
chord distance 235.4 7 feet) to the point of tangency of said curve;

thence North 28° 17' 48" East 790.75 feet to the point of curvature of a 743.94 foot radius curve to the right;

thence Northeasterly and Easterly along the arc of said curve a distance of 856.80 feet (chord bearing North
61° 17' 25" East, chord distance 810.22 feet) to the point of tangency of said curve;
thence South 85° 42' 57" East 2106.57 feet to the point of curvature of a 736.73 foot radius curve to the left;

thence Easterly and Northeasterly along the arc of said curve a distance of 878.53 feet (chord bearing North
60° 07' 21" East, chord distance 827.39 feet) to the POINT OF ENDING, said point of ending being located
Westerly 12.00 feet from the U.S. 31-BR (Seaway Drive) Northbound alignment.




                                 WEBSTER AVENUE - SOUTHBOUND
                                          ALIGNMENT


Webster Avenue Southbound alignment located in the Revised Plat of 1903 of the City of Muskegon
(recorded in Liber 3 of Plats, Page 71) and being in Section 30, Town 10 North, Range 16 West, City of
Muskegon, Muskegon County, State of Michigan, described as follows:

Commencing at the Southwest corner of Section 30, Town 10 North, Range 16 West; thence South 88° 05'
48" East 827.55 feet along the South line of said Section; thence North 02° 17' 47" East 1646.57 feet along
the construction centerline of U.S. 31-BR (Seaway Drive); thence North 88° 00' 21" West 27.00 feet along
the centerline of Southern Avenue to the POINT OF BEGINNING of the Webster Avenue southbound
alignment;

thence North 02°17' 47" East 52.60 feet to the point of curvature of a 9844.36 foot radius curve to the left;

thence Northerly along the arc of said curve a distance of 329.36 feet (chord bearing North 01° 20' 17" East,
chord distance 329.35 feet) to the point of tangency of said curve;

thence North 00° 22' 46" East 220.93 feet to the point of curvature of a 1461. 18 foot radius curve to the left;

thence Northerly along the arc of said curve a distance of 463.39 feet (chord bearing North 08° 42' 21"
West, chord distance 461.45 feet) to the point of tangency of said curve, also being the point of curvature of
a 575.44 foot radius curve to the right;

thence Northerly along the arc of said curve a distance of 697.30 feet (chord bearing North 16° 55' 25" East,
chord distance 655.41 feet) to the POINT OF ENDING.



                                MUSKEGON AVENUE- NORTHBOUND
                                         ALIGNMENT


Muskegon Avenue Northbound alignment located in the Revised Plat of 1903 of the City of Muskegon
(recorded in Liber 3 of Plats, Page 71) and being in Section 30, Town 10 North, Range 16 West, City of
Muskegon, Muskegon County, State of Michigan, described as follows:

Commencing at the Southwest corner of Section 30, Town 1O North, Range 16 West; thence South 88° 05'
48" East 827.55 feet along the South line of said Section; thence North 02° 17' 47" East 1646.57 feet along
the construction centerline of U.S. 31-BR (Seaway Drive); thence South 88° 00' 21" East 39.00 feet along
the centerline of Southern Avenue to the POINT OF BEGINNING of the Muskegon Avenue northbound
alignment;
thence North 02' 17' 47" East 52.25 feet to the point of curvature of a 9826.51 foot radius curve to the left;

thence Northerly along the arc of said curve a distance of 328. 74 feet (chord bearing North 01' 20' 17" East,
chord distance 328.73 feet) to the point of tangency of said curve, also being the point of curvature of a
9826.94 foot radius curve to the right;

thence Northerly along the arc of said curve a distance of 328. 74 feet {chord bearing North 01' 20' 17" East,
chord distance 328.73 feet to the point of tangency of said curve;

thence North 02' 17' 47" East 238.07 feet to the point of curvature of a 572.91 foot radius curve to the right;

thence Northerly along the arc of said curve a distance of 494.29 feet (chord bearing North 27' 00' 46" East,
chord distance 479.10 feet) to the POINT OF ENDING.



                                      U.S. 31-BR (SEAWAY DRIVE)
                                      SOUTHBOUND ALIGNMENT


U.S. 31-BR (Seaway Drive) southbound survey centerline alignment located in the Revised Plat of 1903 of
the City of Muskegon (recorded in Liber 3 of Plats, Page 71) and being in Section 20, Town 10 North,
Range 16 West, City of Muskegon, Muskegon County, State of Michigan, described as follows:

Commencing at the Southwest corner of Section 30, Town 1O North, Range 16 West; thence South 88° 05'
48" East 827.55 feet along the South line of said Section; thence North 02' 17' 47" East 1646.57 feet along
the construction centerline of U.S. 31-BR (Seaway Drive); thence North 41' 54' 49" East 6643.62 feet to the
POINT OF BEGINNING of the U.S. 31-BR (Seaway Drive) southbound survey centerline alignment;

said POINT OF BEGINNING also being located South 88' 06' 54" East 175.38 feet along the South line of
Section 20 and North 01' 53' 06" East 1419.95 feet from the Southwest corner of Section 20;

said POINT OF BEGINNING also being a point on the centerline of Webster Avenue located North 58' 44'
47" East 66.45 feet from the intersection of the centerline of Webster Avenue with the centerline of Spring
Street;

thence Northeasterly along the arc of a 818.43 foot radius curve to the left a distance of 468.32 feet (chord
bearing North 42' 21' 13" East, chord distance 461.96 feet) to the point of tangency of said curve;

thence North 25' 57' 40" East 1298.45 feet to a POINT OF ENDING.



                                      U.S. 31-BR (SEAWAY DRIVE)
                                      NORTHBOUND ALIGNMENT


U.S. 31-BR (Seaway Drive) northbound survey centerline alignment located in the Revised Plat of 1903 of
the City of Muskegon (recorded in Liber 3 of Plats, Page 71) and being in Section 20, Town 10 North,
Range 16 West, City of Muskegon, Muskegon County, State of Michigan, described as follows:

Commencing at the Southwest corner of Section 30, Town 1O North, Range 16 West; thence South 88° 05'
48" East 827.55 feet along the South line of said Section; thence North 02' 17' 47" East 1646.57 feet along
the construction centerline of U.S 31-BR (Seaway Drive); thence North 44' 55' 46" East 6524.65 feet to the
POINT OF BEGINNING of the U.S. 31-BR (Seaway Drive) northbound survey centerline alignment;
said POINT OF BEGINNING also being located South 88' 06' 54" East 181.53 feet along the South line of
Section 20 and North 01 ° 53' 06" East 1101.14 feet from the Southwest corner of Section 20;

said POINT OF BEGINNING also being a point on the centerline of Muskegon Avenue located North 58'
46' 38" East 43.47 feet from the intersection of the centerline of Muskegon Avenue with the centerline of
Spring Street;

thence Northeasterly along the arc of a 818.42 foot radius curve to the left a distance of 655.54 feet (chord
bearing North 35' 49' 51" East, chord distance 638.15 feet);

thence North 12' 53' 05" East 328. 79 feet to the point of curvature of a 1909.67 foot radius curve to the
right;

thence Northerly along the arc of said curve a distance of 435.83 feet (chord bearing North 19' 25' 22" East,
chord distance 434.89 feet) to the point of tangency of said curve;

thence North 25' 57' 40" East 577.94 feet to a POINT OF ENDING.


All distances are grid distances. Grid distances divided by 0.99992 = ground distance.
                            www.shorelineclty.com



                    Agenda Item No. _ _ __



Date:      May 1, 2007

To:        Honorable Mayor and City Commission

From:      Department of Public Works

RE:        Matching Grant Application Funding


SUMMARY OF REQUEST:
The approval of $5,000 as the City's part for a matching grant from
the Coast Management Program. The City will buy 370' of portable
barrier-free beach access extension decking, and local interests will
provide a $25,000 in-kind services.       The Coastal Management
Program will match the total with $30,000 grant.

FINANCIAL IMPACT:
$5,000.00 to be solicited from local services. We may have an initial
commitment of $2,000. Should funds not become available, we will
match the local share with the Equipment Fund and lease it back to
the Parks.


BUDGET ACTION REQUIRED:

None.


STAFF RECOMMENDATION:

The Staff recommends approval.
                                 West Michigan's Shoreline City
                                     www.shorelineclty.com


                                                                       Resolution No. 2007-39(b}
                                                                  City of Muskegon Commission

   RESOLUTION APPROVING SUBMISSION OF COASTAL GRANT APPLICATION
     FOR PORTABLE BARRIER-FREE BEACH ACCESS EXTENSION DECKING
                      - PERE MARQUETTE PARK

WHEREAS, Lake Michigan's water level has dropped, exposing more beach area, and

WHEREAS, the current portable barrier-free beach access decking only reaches one-third of
         the way from the parking area to the water, and

WHEREAS, funding is available from the U.S. Department of Commerce through the Coastal
         Management Program, and

WHEREAS, total project cost is estimated at about $60,000, 50% of which would be funded
         through the Coastal Program and 50% would be a local match of funding and in-
         kind services;

NOW, THEREFORE, BE IT RESOLVED, that the City Commission approves the submission
          of the grant application to the Michigan Coastal Management Program in the
          amount of $60,000 for the portable barrier-free access decking extensions and
          improvements to Pere Marquette Park Beach and commits that the local match
          shall be provided if the project is funded.

ADOPTED:     May 8, 2007

AYES:    Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
         and Davis
NAYS:    None


                                                             ~e                  n, Mayor


                                              ATTEST: ~~:'\\-.'-\!:\JVµ
                                                      Ann Marie Becker, City Clerk
                                                                                  \l LJ L'"'-
                                     CERTIFICATION
                                       2007-39(b)


This resolution was adopted at a regular meeting of the City Commission, held on May 8, 2007.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the Stat~ of
Michigan, Act 267 of the Public Acts of 1976.

                                          CITY OF MUSKEGON



                                          By:   ~\~"'~~\ tz0LV\.
                                                 Ann Marie Becker, MMC
                                                 City Clerk
                        AGENDA ITEM _ _ _ _ _ __
                        CITY COMMISSION MEETING 5/8/07


TO:            Mayor and City Commission

FROM:          Lee Slaughter, Assistant City Manager
               Mohammed Al-Shatel, Deputy Director of Public Works

DATE:          May 2, 2007

RE:            METRO (Metropolitan Extension Telecommunications Rights-of-Way
               Oversight) Act Request -Application from NextG Networks

SUMMARY OF REQUEST

Authorize the Mayor to sign the permit application submitted by NextG Networks to
install, operate, and maintain fiber optic cable and associated equipment, including
optical repeaters and microcellular antennas, on, over, and under the public right-of-way
within the City in connection with the provisions of telecommunications services
provided by NextG to its wireless operator customers.

It is requested that approval be conditioned upon City staffs satisfactory review of all
documentation that are required to accompany this request.

FINANCIAL IMPACT

None. (NextG Networks paid the required $500.00 permit fee.)

BUDGET ACTION REQUIRED

None.

STAFF RECOMMENDATION

To approve the permit and authorize the Mayor to sign the document.

COMMITTEE RECOMMENDATION

None.
                                    MEMORANDUM

To:            Mayor and City Commissioners
From:          Lee J. Slaughter, Assistant City Manager
               Mohammed Al-Shatel, Deputy Public Works Director
Date:          May 2, 2007
Re:            METRO Act Request from NextG Networks

This item is a normal request to participating municipalities from telecommunication
companies for permission to construct telecommunication facilities in the public right-of-
way. The request is per the City Commission resolution approving compliance with the
Metropolitan Extension Telecommunications Right-of-way Oversight Act.

NextG Networks seeks a Bilateral form of Right-of-Way Telecommunication Permit
from the City in order to install, operate, and maintain fiber optic cable and associated
equipment, including optical repeaters and microcellular antennas, on, over, and under
the public Right of Way within the City in connection with the provision of
telecommunications services provided by NextG to its wireless operator customers.

NextG also requests the use of City owned streetlight poles for third party attachment. In
response, NextG was advised that City streetlight poles are not available for their use.

Per the application process, requesting entities/businesses are supposed to submit
necessary and required supporting documentation to municipalities to facilitate
processing their request. Municipalities are required to process said request.

NextG Networks has patiially provided necessary verification and/ or documentation.
Outstanding items are as follows:

        •   Provide Method/procedure by which the City might identify facilities.
        •   Pursue agreement with Consumers Energy for the use of its poles
        •   Enter into agreement with MIS-DIG for digging or locating their system
        •   At the appropriate time (prior to construction), become compliant with section
            3.5 ofNextG Networks' Application.

Consistent with past practice where these matters are concerned, we are requesting that
the Commission grant a conditional approval to NextG's request pending receipt of
outstanding supporting documentation.

Please feel free to contact me if you have questions.
                                          METRO Act
                                        Unilateral Form
                                        Revised 12/06/02

                                 RIGHT-OF-WAY
                           TELECOMMUNICATIONS PERMIT

This permit issued this 8 day of May, 2007 by City of Muskegon.

1      Definitions

       1. I   Date oflssuance shall mean the date set forth above.

       1.2    Manager shall mean Municipality's             [Mayor/Manager/Supervisor/Village
              President] or his or her designee.

       1.3    METRO Act shall mean the Metropolitan Extension Telecommunications Right-
              of Way oversight Act, Act No. 48 of the Public Acts of 2002, as amended.

       1.4    Municipality shall mean City of Muskegon, a Michigan municipal corporation.

       1.5    Permit shall mean this document.

       1.6    Permittee shall mean NextG Networks organized under the laws of the State of
              Illinois whose addresses are NextG Networks of Illinois, Inc., c/o NextG
              Networks , Inc., 2216 O'Toole Avenue, San Jose, CA 95131 and NextG
              Networks, Inc., 5902 Mount Eagle Dr., Suite 1517, Alexandria, Virginia 22303.

       1.7    Public Right-of-Way shall mean the area on, below, or above a public roadway,
              highway, street, alley, easement, or waterway, to the extent Municipality has the
              ability to grant the rights set forth herein. Public Right-of-Way does not include a
              federal, state, or private right-of-way.

       1.8    Telecommunications Facilities or Facilities shall mean the Permittee's equipment
              or personal property, such as copper and fiber cables, lines, wires, switches,
              conduits, pipes, and sheaths, which are used to or can generate, receive, transmit,
              carry, amplify or provide telecommunication services or signals.
              Telecommunication Facilities or Facilities do not include antennas, supporting
              structures for antennas, equipment shelters or houses, and any ancillary equipment
              and miscellaneous hardware used to provide federally licensed commercial
              mobile service as defined in Section 332(d) of Part I of Title III of the
              Communications Act of 1934, Chapter 652, 48 Stat. 1064, 47 U.S.C. 332 and
              further defined as commercial mobile radio service in 47 CFR 20.3, and service
              provided by any wireless, two-way communications device.



                                              -1-
    1.9     Term shall have the meaning set forth in Part 7.


2   Grant

    2.1     Municipality hereby issues a permit under the METRO Act to Permittee for
            access to and ongoing use of the Public Right-of-Way identified on Exhibit A to
            construct, install and maintain Telecommunication Facilities on the terms set forth
            herein.

            2.1.1     Exhibit A may be modified by Manager upon written request by
                      Permittee.

            2.1.2     Any decision of Manager on a request by Permittee for a modification
                      may be appealed by Permittee to Municipality's legislative body.

    2.2     Overlashing. Permittee shall not allow the wires or any other facilities of a third
            party to be overlashed to the Telecommunication Facilities without Municipality's
            prior written consent. Municipality's right to withhold written consent is subject
            to the authority of the Michigan Public Service Commission under Section 361 of
            the Michigan Telecommunications Act, MCL § 484.2361.

    2.3     Nonexclusive. The rights granted by this Permit are nonexclusive. Municipality
            reserves the right to approve, at any time, additional permits for access to and
            ongoing usage of the Public Right-of-Way by telecommunications providers and
            to enter into agreements for use of the Public Right-of-Way with and grant
            franchises for use of the Public Right-of-Way to telecommunications providers,
            cable companies, utilities and other providers.

3   Contacts, Maps and Plans

    3.1     Permittee Contacts. The names, addresses and the like for engineering and
            construction related information for Permittee and its Telecommunication
            Facilities are as follows:

            3. I. I   The address, e-mail address, phone number and contact person (title or
                      name) at Permittee's local office (in or near Municipality) is included in
                      the official, business contact list filed with the Municipality.

            3.1.2     If Permittee's engineering drawings, as-built plans and related records for
                      the Telecommunication Facilities will not be located at the preceding local
                      office, the location address, phone number and contact person (title or
                      department) for them will be the engineering contact included in the
                      official , business contact list filed with the Municipality.


                                              -2-
           3.1.3   The name, title, address, e-mail address and telephone numbers of
                   Permittee's engineering contact person(s) with responsibility for the
                   design, plans and construction of the Telecommunication Facilities are
                   included in the official, business contact list filed with the Municipality.

          3.1.4    The address, phone number and contact person (title or department) at
                   Permittee' s home office/regional office with responsibility for engineering
                   and construction related aspects of the Telecommunication Facilities 1s
                   included in the official, business contact list filed with the Municipality.

          3.1.5    Permittee shall at all times provide Manager with the phone number at
                   which a live representative of Permittee (not voice mail) can be reached 24
                   hours a day, seven (7) days a week, in the event of a public emergency is
                   included in the official, business contact list filed with the Municipality.

          3.1.6    Permittee shall immediately notify Municipality in writing as set forth in
                   Part 12 of any inaccuracies or changes in the preceding information.

    3.2   Route Maps. Within ninety (90) days after the substantial completion of new
          Facilities in the Municipality, a provider shall submit route maps showing the
          location of the Telecommunication Facilities to both the Michigan Public Service
          Commission and to the Municipality, as required under Section 6(7) of the
          METRO Act, MCLA 484.3106(7). In accordance with Section 6(5) of the
          METRO Act, a provider's existing and proposed facilities that is a trade secret,
          proprietary or confidential information is exempt from the Freedom of
          Information Act, 1976 PA 442, MCL 15.231 to 15.246.

    3.3   As-Built Records. Permittee, without expense to Municipality, shall, upon forty-
          eight (48) hours notice, give Municipality access to all "as-built" maps, records,
          plans and specifications showing the Telecommunication Facilities or portions
          thereof in the Public Right-of-Way. Upon request by Municipality, Permittee
          shall inform Municipality as soon as reasonably possible of any changes from
          previously supplied maps, records, or plans and shall mark up maps provided by
          Municipality so as to show the location of the Telecommunication Facilities.

4   Use of Public Right-of-Way

    4.1   No Burden on Public Right-of-Way. Permittee, its contractors, subcontractors,
          and the Telecommunication Facilities shall not unduly burden or interfere with
          the present or future use of any of the Public Right-of-Way. Permittee's aerial
          cables and wires shall be suspended so as to not endanger or injure persons or
          property in or about the Public Right-of-Way. If Municipality reasonably
          determines that any portion of the Telecommunication Facilities constitutes an
          undue burden or interference, due to changed circumstances, Permittee, at its sole
          expense, shall modify the Telecommunication Facilities or take such other actions

                                            -3-
      as Municipality may determine is in the public interest to remove or alleviate the
      burden, and Permittee shall do so within a reasonable time period. Municipality
      will attempt to require all occupants of a pole or conduit whose facilities are a
      burden to remove or alleviate the burden concurrently.

4.2   No Priority. This Permit does not establish any priority of use of the Public
      Right-of-Way by Permittee over any present or future permittees or parties having
      agreements with Municipality or franchises for such use. In the event of any
      dispute as to the priority of use of the Public Right-of-Way, the first priority shall
      be to the public generally, the second priority to Municipality, the third priority to
      the State of Michigan and its political subdivisions in the performance of their
      various functions, and thereafter as between other permit, agreement or franchise
      holders, as determined by Municipality in the exercise of its powers, including the
      police power and other powers reserved to and conferred on it by the State of
      Michigan.

4.3   Restoration of Property. Permittee, its contractors and subcontractors shall
      immediately (subject to seasonal work restrictions) restore, at Permittee's sole
      expense, in a manner approved by Municipality, any pmtion of the Public Right-
      of-Way that is in any way disturbed, damaged, or injured by the construction,
      installation, operation, maintenance or removal of the Telecommunication
      Facilities to a reasonably equivalent (or, at Permittee's option, better) condition as
      that which existed prior to the disturbance. In the event that Permittee, its
      contractors or subcontractors fail to make such repair within a reasonable time,
      Municipality may make the repair and Permittee shall pay the costs Municipality
      incurred for such repair.

4.4   Marking. Permittee shall mark the Telecommunication Facilities as follows:
      Aerial portions of the Telecommunication Facilities shall be marked with a
      marker on Permittee's lines on alternate poles which shall state Permittee's name
      and provide a toll-free number to call for assistance. Direct buried underground
      portions of the Telecommunication Facilities shall have (1) a conducting wire
      placed in the ground at least several inches above Permittee's cable (if such cable
      is nonconductive); (2) at least several inches above that, a continuous colored tape
      with a statement to the effect that there is buried cable beneath; and (3) stakes or
      other appropriate above ground markers with Permittee's name and a toll-free
      number indicating that there is buried telephone cable below. Bored underground
      portions of the Telecommunication Facilities shall have a conducting wire at the
      same depth as the cable and shall not be required to provide the continuous
      colored tape. Portions of the Telecommunication Facilities located in conduit,
      including conduit of others used by Permittee, shall be marked at its entrance into
      and exit from each manhole and handhole with Permittee's name and a toll-free
      telephone number.

4.5   Tree Trimming.      Permittee may trim trees upon and overhanging the Public

                                       -4-
      Right-of-Way so as to prevent the branches of such trees from coming into
      contact with the Telecommunication Facilities, consistent with any standards
      adopted by Municipality. Permittee shall dispose of all trimmed materials.
      Permittee shall minimize the trimming of trees to that essential to maintain the
      integrity of the Telecommunication Facilities. Except in emergencies, all
      trimming of trees in the Public Right-of-Way shall have the advance approval of
      Manager.

4.6   Installation and Maintenance.        The construction and installation of the
      Telecommunication Facilities shall be performed pursuant to plans approved by
      Municipality. The open cut of any Public Right-of-Way shall be coordinated with
      the Manager or his designee.           Permittee shall install and maintain the
      Telecommunication Facilities in a reasonably safe condition. If the existing poles
      in the Public Right-of-Way are overburdened or unavailable for Permittee's use,
      or the facilities of all users of the poles are required to go underground then
      Permittee shall, at its expense, place such portion of its Telecommunication
      Facilities underground, unless Municipality approves an alternate location.
      Permittee may perform maintenance on the Telecommunication Facilities without
      prior approval of Municipality, provided that Permittee shall obtain any and all
      permits required by Municipality in the event that any maintenance will disturb or
      block vehicular traffic or are otherwise required by Municipality.

4.7   Pavement Cut Coordination. Permittee shall coordinate its construction and all
      other work in the Public Right-of-Way with Municipality's program for street
      construction and rebuilding (collectively "Street Construction") and its program
      for street repaving and resurfacing (except seal coating and patching)
      (collectively, "Street Resurfacing").

      4.7.1   The goals of such coordination shall be to encourage Permittee to conduct
              all work in the Public Right-of-Way in conjunction with or immediately
              prior to any Street Construction or Street Resurfacing planned by
              Municipality.

4.8   Compliance with Laws. Permittee shall comply with all laws, statutes,
      ordinances, rules and regulations regarding the construction, installation, and
      maintenance of its Telecommunication Facilities, whether federal, state or local,
      now in force or which hereafter may be promulgated. Before any installation is
      commenced, Permittee shall secure all necessary permits, licenses and approvals
      from Municipality or other governmental entity as may be required by law,
      including, without limitation, all utility line permits and highway permits.
      Permittee shall comply in all respects with applicable codes and industry
      standards, including but not limited to the National Electrical Safety Code (latest
      edition adopted by Michigan Public Service Commission) and the National
      Electric Code (latest edition). Permittee shall comply with all zoning and land use
      ordinances and historic preservation ordinances as may exist or may hereafter be

                                      -5-
        amended.

4.9     Street Vacation. If Municipality vacates or consents to the vacation of Public
        Right-of-Way within its jurisdiction, and such vacation necessitates the removal
        and relocation of Permittee's Facilities in the vacated Public Right-of-Way,
        Permittee shall, as a condition of this Permit, consent to the vacation and remove
        its Facilities at its sole cost and expense when ordered to do so by Municipality or
        a court of competent jurisdiction. Permittee shall relocate its Facilities to such
        alternate route as Municipality, applying reasonable engineering standards, shall
        specify.

4.10    Relocation. If Municipality requests Permittee to relocate, protect, support,
        disconnect, or remove its Facilities because of street or utility work, or other
        public projects, Permittee shall relocate, protect, support, disconnect, or remove
        its Facilities, at its sole cost and expense, including where necessary to such
        alternate route as Municipality, applying reasonable engineering standards, shall
        specify. The work shall be completed within a reasonable time period.

4.1 I   Public Emergency. Municipality shall have the right to sever, disrupt, dig-up or
        otherwise destroy Facilities of Permittee if such action is necessary because of a
        public emergency. If reasonable to do so under the circumstances, Municipality
        will attempt to provide notice to Permittee. Public emergency shall be any
        condition which poses an immediate threat to life, health, or property caused by
        any natural or man-made disaster, including, but not limited to, storms, floods,
        fire, accidents, explosions, water main breaks, hazardous material spills, etc.
        Permittee shall be responsible for repair at its sole cost and expense of any of its
        Facilities damaged pursuant to any such action taken by Municipality.

4.12    Miss Dig. If eligible to join, Permittee shall subscribe to and be a member of
        "MISS DIG," the association of utilities formed pursuant to Act 53 of the Public
        Acts of 1974, as amended, MCL § 460.701 et seq., and shall conduct its business
        in conformance with the statutory provisions and regulations promulgated
        thereunder.

4.13    Underground Relocation. If Permittee has its Facilities on poles of Consumers
        Energy, Detroit Edison or another electric or telecommunications provider and
        Consumers Energy, Detroit Edison or such other electric or telecommunications
        provider relocates its system underground, then Permittee shall relocate its
        Facilities underground in the same location at Permittee's sole cost and expense.

4.14    Identification. All personnel of Permittee and its contractors or subcontractors
        who have as part of their normal duties contact with the general public shall wear
        on their clothing a clearly visible identification card bearing Permittee's name,
        their name and photograph. Permittee shall account for all identification cards at
        all times. Every service vehicle of Permittee and its contractors or subcontractors

                                        -6-
           shall be clearly identified as such to the public, such as by a magnetic sign with
           Permittee's name and telephone number.

5   Indemnification

    5.1   Indemnity. Permittee shall defend, indemnify, protect, and hold harmless
          Municipality, its officers, agents, employees, elected and appointed officials,
          departments, boards, and commissions from any and all claims, losses, liabilities,
          causes of action, demands, judgments, decrees, proceedings, and expenses of any
          nature (collectively "claim" for this Part 5) (including, without limitation,
          attorneys' fees) arising out of or resulting from the acts or omissions of Permittee,
          its officers, agents, employees, contractors, successors, or assigns, but only to the
          extent such acts or omissions are related to the Permittee's use of or installation of
          facilities in the Public Right-of-Way and only to the extent of the fault or
          responsibility of Permittee, its officers, agents, employees, contractors, successors
          and assigns.

    5.2   Notice, Cooperation. Municipality will notify Permittee promptly in writing of
          any such claim and the method and means proposed by Municipality for
          defending or satisfying such claim. Municipality will cooperate with Permittee in
          every reasonable way to facilitate the defense of any such claim. Municipality
          will consult with Permittee respecting the defense and satisfaction of such claim,
          including the selection and direction oflegal counsel.

    5.3   Settlement. Municipality will not settle any claim subject to indemnification
          under this Part 5 without the advance written consent of Permittee, which consent
          shall not be unreasonably withheld. Permittee shall have the right to defend or
          settle, at its own expense, any claim against Municipality for which Permittee is
          responsible hereunder.

6   Insurance

    6.1   Coverage Required. Prior to beginning any construction in or installation of the
          Telecommunication Facilities in the Public Right-of-Way, Permittee shall obtain
          insurance as set forth below and file certificates evidencing same with
          Municipality. Such insurance shall be maintained in full force and effect until the
          end of the Term. In the alternative, Permittee may satisfy this requirement
          through a program of self-insurance, acceptable to Municipality, by providing
          reasonable evidence of its financial resources to Municipality. Municipality's
          acceptance of such self-insurance shall not be unreasonably withheld.

           6.1.1   Commercial general liability insurance, including Completed Operations
                   Liability, Independent Contractors Liability, Contractual Liability
                   coverage, railroad protective coverage and coverage for property damage
                   from perils of explosion, collapse or damage to underground utilities,

                                           -7-
              commonly !mown as XCU coverage, in an amount not less than Five
              Million Dollars ($5,000,000).

      6.1.2   Liability insurance for sudden and accidental environmental
              contamination with minimum limits of Five Hundred Thousand Dollars
              ($500,000) and providing coverage for claims discovered within three (3)
              years after the term of the policy.

      6.1.3   Automobile liability insurance in an amount not less than One Million
              Dollars ($1,000,000).

      6.1.4   Workers' compensation and employer's liability insurance with statutory
              limits, and any applicable Federal insurance of a similar nature.

      6.1.5   The coverage amounts set fotth above may be met by a combination of
              underlying (primary) and umbrella policies so long as in combination the
              limits equal or exceed those stated. If more than one insurance policy is
              purchased to provide the coverage amounts set forth above, then all
              policies providing coverage limits excess to the primary policy shall
              provide drop down coverage to the first dollar of coverage and other
              contractual obligations of the primary policy, should the primary policy
              carrier not be able to perform any of its contractual obligations or not be
              collectible for any of its coverages for any reason during the Term, or
              (when longer) for as long as coverage could have been available pursuant
              to the terms and conditions of the primary policy.

6.2   Additional Insured. Municipality shall be named as an additional insured on all
      policies (other than worker's compensation and employer's liability). All
      insurance policies shall provide that they shall not be canceled, modified or not
      renewed unless the insurance carrier provides thirty (30) days prior written notice
      to Municipality. Permittee shall annually provide Municipality with a certificate
      of insurance evidencing such coverage. All insurance policies (other than
      environmental contamination, workers' compensation and employer's liability
      insurance) shall be written on an occurrence basis and not on a claims made basis.

6.3   Qualified Insurers. All insurance shall be issued by insurance carriers licensed to
      do business by the State of Michigan or by surplus line carriers on the Michigan
      Insurance Commission approved list of companies qualified to do business in
      Michigan. All insurance and surplus line carriers shall be rated A+ or better by
      A.M. Best Company.

6.4   Deductibles. If the insurance policies required by this Part 6 are written with
      retainages or deductibles in excess of $50,000, they shall be approved by Manager
      in advance in writing. Permittee shall indemnify and save harmless Municipality
      from and against the payment of any deductible and from the payment of any

                                       -8-
           premium on any insurance policy required to be furnished hereunder.

    6.5    Contractors. Permittee's contractors and subcontractors working in the Public
           Right-of-Way shall carry in full force and effect commercial general liability,
           environmental contamination liability, automobile liability and workers'
           compensation and employer liability insurance which complies with all terms of
           this Part 6. In the alternative, Permittee, at its expense, may provide such
           coverages for any or all its contractors or subcontractors (such as by adding them
           to Permittee's policies).

    6.6    Insurance Primary. Permittee's insurance coverage shall be primary insurance
           with respect to Municipality, its officers, agents, employees, elected and
           appointed officials, departments, boards, and commissions (collectively "them").
           Any insurance or self-insurance maintained by any of them shall be in excess of
           Permittee's insurance and shall not contribute to it (where "insurance or self-
           insurance maintained by any of them" includes any contract or agreement
           providing any type of indemnification or defense obligation provided to, or for the
           benefit of them, from any source, and includes any self-insurance program or
           policy, or self-insured retention or deductible by, for or on behalf of them).

7   Term

    7.1    Term. The term ("Term") of this Permit shall be until the earlier of:

           7.1.1   Five years from the Date oflssuance; or

           7.1.2   When the Telecommunication Facilities has not been used to provide
                   telecommunications services for a period of one hundred and eighty (180)
                   days by Permittee or a successor or an assignee of Permittee; or

           7.1.3   When Permittee, at its election and with or without cause, delivers written
                   notice of termination to Municipality at least one-hundred and eighty
                   (180) days prior to the date of such termination; or

           7.1.4   Upon either Permittee or Municipality giving written notice to the other of
                   the occurrence or existence of a default by the other party under Sections
                   4.8, 6, 8 or 9 of this Permit and such defaulting party failing to cure, or
                   commence good faith efforts to cure, such default within sixty (60) days
                   (or such shorter period of time provided elsewhere in this Permit) after
                   delivery of such notice; or

           7.1.5   Unless Manager grants a written extension, one year from the Date of
                   Issuance if prior thereto Permittee has not started the construction and
                   installation of the Telecommunication Facilities within the Public Right-
                   of-Way and two years from the Date of Issuance if by such time

                                           -9-
                   construction and installation of the Telecommunication Facilities is not
                   complete.

8    Performance Bond or Letter of Credit

     8.1    Municipal Requirement. Municipality may require Permittee to post a bond (or
            letter of credit) as provided in Section 15(3) of the METRO Act, as amended
            [MCL § 484.3115(3)].



     9.1    Establishment; Reservation. The METRO Act shall control the establishment of
            right-of-way fees. The parties reserve their respective rights regarding the nature
            and amount of any fees which may be charged by Municipality in connection with
            the Public Right-of-Way.

10   Removal

     IO.I   Removal; Underground. As soon as practicable after the Term, Permittee or its
            successors and assigns shall remove any underground cable or other portions of
            the Telecommunication Facilities from the Public Right-of-Way which has been
            installed in such a manner that it can be removed without trenching or other
            opening of the Public Right-of-Way. Permittee shall not remove any underground
            cable or other portions of the Telecommunication Facilities which requires
            trenching or other opening of the Public Right-of-Way except with the prior
            written approval of Manager. All removals shall be at Permittee's sole cost and
            expense.

            10.1.1 For purposes of this Part 10, "cable" means any wire, coaxial cable, fiber
                   optic cable, feed wire or pull wire.

     10.2   Removal; Above Ground. As soon as practicable after the Term, Permittee, or its
            successor or assigns at its sole cost and expense, shall, unless waived in writing
            by Manager, remove from the Public Right-of-Way all above ground elements of
            its Telecommunication Facilities, including but not limited to poles, pedestal
            mounted terminal boxes, and lines attached to or suspended from poles.

     10.3   Schedule. The schedule and timing of removal shall be subject to approval by
            Manager. Unless extended by Manager, removal shall be completed not later than
            twelve (12) months following the Term. Portions of the Telecommunication
            Facilities in the Public Right-of-Way which are not removed within such time
            period shall be deemed abandoned and, at the option of Municipality exercised by
            written notice to Permittee as set forth in Part 12, title to the portions described in
            such notice shall vest in Municipality.


                                             -10-
11   Assignment. Permittee may assign or transfer its rights under this Permit, or the persons
     or entities controlling Permittee may change, in whole or in part, voluntarily,
     involuntarily, or by operation of law, including by merger or consolidation, change in the
     ownership or control of Permittee's business, or by other means, subject to the following:

     11.1   No such transfer or assignment or change in the control of Permittee shall be
            effective under this Permit, without Municipality's prior approval (not to be
            unreasonably withheld), during the time period from the Date of Issuance until the
            completion of the construction of the Telecommunication Facilities in those
            portions of the Public Right-of-Way identified on Exhibit A.

     11.2   After the completion of such construction, Permittee must provide notice to
            Municipality of such transfer, assignment or change in control no later than thirty
            (30) days after such occurrence; provided, however,

            11.2.1 Any transferee or assignee of this Permit shall be qualified to perform
                   under its terms and conditions and comply with applicable law; shall be
                   subject to the obligations of this Permit, including responsibility for any
                   defaults which occurred prior to the transfer or assignment; shall supply
                   Municipality with the information required under Section 3.1; and shall
                   comply with any updated insurance and performance bond requirements
                   under Sections 6 and 8 respectively, which Municipality reasonably deems
                   necessary, and

               11.2.2 In the event of a change in control, it shall not be to an entity lacking the
                      qualifications to assure Permittee's ability to perform under the terms and
                      conditions of this Permit and comply with applicable law; and Permittee
                      shall comply with any updated insurance and performance bond
                      requirements under Sections 6 and 8 respectively, which Municipality
                      reasonably deems necessary.

     11.3   Permittee may grant a security interest in this Permit, its rights thereunder or the
            Telecommunication Facilities at any time without notifying Municipality.

12   Notices

     12.1   Notices. All notices under this Permit shall be given as follows:

               12.1.1   If to Municipality: City of Muskegon, P.O. Box 536, Muskegon, MI
                        49443-0536.

               12.1.2   If to Permittee: NextG Networks of Illinois, Inc., c/o NextG Networks,
                        Inc., 2216 O'Toole Avenue, San Jose CA 95131. Permittee's contact
                        information has been filed with the Municipality.


                                               -11-
     12.2    Change of Address. Permittee and Municipality may change its address or
             personnel for the receipt of notices at any time by giving notice thereof to the
             other as set forth above.

13   Other Items

     13.1    No Cable, OVS. This Permit does not authorize Permittee to provide commercial
             cable type services to the public, such as "cable service" or the services of an
             "open video system operator" (as such terms are defined in the Federal
             Communications Act of 1934 and implementing regulations, currently 47 U.S.C.
             §§ 522 (6), 573 and 47 CFR § 76.1500).

     13 .2   Effectiveness. This Permit shall become effective when Permittee has provided
             any insurance certificates and bonds required in Parts 6 and 8, and signed the
             acknowledgement of receipt, below.

     13.3    Authority. This Permit satisfies the requirement for a permit under Section 5 of
             the METRO Act [MCL 484.3105].

     13 .4   Interpretation and Severability. The provisions of this Permit shall be liberally
             construed to protect and preserve the peace, health, safety and welfare of the
             public, and should any provision or section of this Permit be held
             unconstitutional, invalid, overbroad or otherwise unenforceable, such
             determination/holding shall not be construed as affecting the validity of any of the
             remaining conditions of this Permit. If any provision in this Permit is found to be
             partially overbroad, unenforceable, or invalid, Permittee and Municipality may
             nevertheless enforce such provision to the extent permitted under applicable law.

     13.5    Governing Law. This Permit shall be governed by the laws of the State of
             Michigan.




                                             -12-
            Attested:                                CITY OF MUSKEGON


            By s:::',.,,,'-"~\1"5;,,,A.J,.s..Ji.h.
            Its: City Clerk
            Date: <.:,-- CJ,- c,·7


Aclmowledgement of Receipt:           Permittee acknowledges receipt of this Permit granted by
Municipality.

                                                     NEXTG NETWORKS OF ILLINOIS, INC.,
                                                     d/b/a NextG Networks Central



                                                     By: Raymond K. Ostby
                                                     Its: Chief Financial Officer/Secretary/Treasurer
                                                     Date .• c\1,
                                                             \
                                                                 I ,
                                                              '' I
                                                                 I(,' -   /




                                                      -13-
                          Exhibit A

Public Right-of-Way to be Used by Telecommunication Facilities




                            -14-
                       CITY OF MUSKEGON, MICHIGAN


                         APPLICATION FOR
           ACCESS TO AND ONGOING USE OF PUBLIC WAYS BY
                 TELECOMMUNICATIONS PROVIDERS

                                         BY

                    NEXTG NETWORKS OF ILLINOIS, INC.
                        dba NextG Networks Central
                             ("APPLICANT")


    This is an application pursuant to Sections 5 and 6 of the Metropolitan
   Extension Telecommunications Rights-of-Way Oversight Act, 2002 PA 48 (the
    "METRO Act'') for access to and ongoing usage of the public right-of-way,
   including public roadways, highways, streets, alleys, easements, and waterways
   ("Public Ways'? in the Municipality for a telecommunications system. The
   METRO Act states that ''A municipality shall approve or deny access under this
   section within 45 days from the date a provider files an application for a permit
   for access to a public right-of-way." MCLA 484.3115(3).

   This application must be accompanied by a one-time application fee of $500,
   unless the applicant is exempt from this requirement under Section 5(3) of the
   METRO Act, MCLA 484.3105(3).



1 GENERAL INFORMATION:

   1.1    Date:                     01 February 2007

   1.2     Applicant's legal name: NextG Networks of Illinois, Inc.
               Mailing Address: c/o NextG Networks, Inc.
                                   2216 O'Toole Avenue
                                   San Jose, CA 95131
               Telephone Number: (408) 954-1580
               Fax Number:         (408) 383-5397
               Corporate website: www.nextgnetworks.net
            Name and title of Applicant's local manager (and if different) contact person
       regarding this application:
                                      Christopher Sinclair
                                      Director of Network Real Estate
                    Mailing Address: NextG Networks, Inc.
                                      5902 Mount Eagle Drive, Suite 1517
                                      Alexandria, VA 22303
                    Telephone Number: (703) 960-4775
                    Fax Number:       (703) 960-4605
                    E-mail Address:   csinclair@nextgnetworks.net

       1.3     Type of Entity: (Check one of the following)

               X        Corporation
                        General Partnership
                        Limited Partnership
                        Limited Liability Company
                        Individual
                        Other, please describe: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

       1.4     Assumed name for doing business, if any: NextG Networks Central

       1.5     Description of Entity:

               1.5. 1  Jurisdiction of incorporation/formation;
                           State of Delaware
                1.5.2 Date of incorporation/formation;
                           04 October 2002
                1.5.3 If a subsidiary, name of ultimate parent company;
                           NextG Networks, Inc.
               1.5.4 Chairperson, President/CEO, Secretary and Treasurer (and equivalent
       officials for non-corporate entities).
                           Chairman and CEO: John B. Georges, PhD
                           CFO/Secretary/Treasurer: Raymond K. Ostby

        1.6     Attach copies of Applicant's most recent annual report (with state ID number)
filed with the Michigan Department of Consumer and Industry Services and ce1iificate of good
standing with the State of Michigan. For entities in existence for less than one year and for non-
corporate entities, provide equivalent information.

              Please refer to the enclosed following documents:
              a) "Foreign Corporation Information Update" for Year 2005 (with Year 2006
                 Update) for NextG Networks of Illinois, Inc., state ID number 652313, as filed
                 with the Michigan Department of Labor & Economic Growth, Bureau of
                  Commercial Services - Corporation Division. NextG Networks of Illinois, as
                 is its parent, NextG Networks, Inc., is a privately held concern; and
              b) Certificate of good standing, dated 16 January 2007, as issued by the
                 Michigan Department of Labor & Economic Growth.

                                                2
       I. 7   Is Applicant aware of any present or potential conflicts of interest between
Applicant and Municipality? If yes, describe.

              None.

       1.8   In the past three (3) years, has Applicant had a permit to install
telecommunications facilities in the public right of way revoked by any Michigan municipality?

               Circle (underlined):    Yes   No
              ff ''yes, "please describe the circumstances.
        1.9     In the past three (3) years, has an adverse finding been made or an adverse final
action been taken by any Michigan court or administrative body against Applicant under any law
or regulation related to the following:

               1.9.1   A felony; or

               1.9.2 A revocation or suspension of any authorization (including cable
       franchises) to provide telecommunications or video programming services?

                       Circle (underlined): Yes      No
                       ff ''yes," please attach a full description of the parties and matters
                       involved, including an identification of the court or administrative body
                       and any proceedings (by dates and file numbers, if applicable), and the
                       disposition ofsuch proceedings.

        1.10 [If Applicant has been granted and currently holds a license to provide basic local
exchange service, no financial information needs to be supplied.] If publicly held, provide
Applicant's most recent financial statements. If financial statements of a parent company of
Applicant (or other affiliate of Applicant) are provided in lieu of those of Applicant, please
explain.

              I. I 0.1 If privately held, and if Municipality requests the information within I 0
       days of the date of this Application, the Applicant and the Municipality should make
       arrangements for the Municipality to review the financial statements.

                       ff no financial statements are provided, please explain and provide
                       particulars.

                       NextG Networks of Illinois, Inc., has registered with the Michigan Public
                       Service Commission as a Competitive Access Provider within the
                       category of Intrastate Telecommunications Service Providers, allowing
                       Applicant to provide local exchange service. Therefore, no financial
                       information has been provided.




                                                3
2 DESCRIPTION OF PROJECT:
       2.1   Provide a copy of authorizations, if applicable, Applicant holds to provide
telecommunications services in Municipality. If no authorizations are applicable, please explain.

               Please see enclosed copy of registration with the Michigan Public Service
               Commission, Communications Division, evidencing the authority of NextG
               Networks of Illinois, Inc., to operate as a Competitive Access Provider.

        2.2     Describe in plain English how Municipality should describe to the public the
telecommunications services to be provided by Applicant and the telecommunications facilities
to be installed by Applicant in the Public Ways.

              NextG uses a fiber optic network and associated antennas and equipment to offer
              wireless operators innovative solutions to satisfy coverage and/or capacity
              objectives within their networks that do not require the construction of macro
              sites, such as large towers, monopoles, or rooftop installations. Critical areas can
              be covered by using optical fiber to connect a network of microcellular node sites,
              consisting of small antennas and optical repeaters, attached to existing
              infrastructure, namely streetlights and utility distribution poles, where available,
              located in the public way. Such distributive antenna system (DAS) networks
              generally are intended to supplement, rather than supplant, macro sites within
              carriers' existing networks in areas where such macro sites cannot adequately
              serve or when macro sites may be considered impractical.

              Communities recognize the numerous advantages of NextG Networks and DAS
              technology. Since deployment is not premised on the construction of new towers
              or monopoles, often controversial issues within any jurisdiction, siting issues
              generally are resolved to the satisfaction of municipality and wireless operator
              alike. Visually unobtrusive without any emanating sound or light, the equipment
              is small, concealed, and easy to install and maintain. Finally, new broadband
              technologies are provided without any disruption, public investment, or
              environmental impact.

        2.3    Attach route maps showing the location (including whether overhead or
underground) of Applicant's existing and proposed facilities in the public right-of-way. To the
extent known, please identify the side of the street on which the facilities will be located. (If
construction approval is sought at this time, provide engineering drawings, if available, showing
location and depth, if applicable, of facilities to be installed in the public right-of-way).

              Enclosed you will find a map illustrating the proposed fiber route, deployed
              aerially where possible and underground where required. This map should be
              considered preliminary, proprietary, and CONFIDENTIAL.

       2.4    Please provide an anticipated or actual construction schedule.

              Construction is anticipated to commence in or about 4Q2007.


                                               4
        2.5      Please list all organizations and entities which will have any ownership interest in
the facilities proposed to be installed in the Public Ways.

               NextG Networks of Illinois, Inc., will own (and/or lease) fiber and conduit in the
               public way by which it will provide telecommunications services.

        2.6    Who will be responsible for maintaining the facilities Applicant places in the
Public Ways and how are they to be promptly contacted? If Applicant's facilities are to be
installed on or in existing facilities in the Public Ways of existing public utilities or incumbent
telecommunications providers, describe the facilities to be used, and provide verification of their
consent to such usage by Applicant.

               a) NextG Networks of Illinois, Inc., will be responsible for maintenance of the
                  facilities. Any municipal representative may contact our Network Operations
                  Center at any time at (866) 44-NEXTG, or (866) 446-3984, concerning the
                  installation, operation, and maintenance of the facilities.
               b) Applicant's facilities will be installed primarily on utility-owned
                  infrastructure, namely streetlight poles and distribution poles, where available.
                  Evidence of a completed agreement with SBC-Michigan is enclosed; similar
                  agreements with Consumers Energy and Verizon are in process. Access to
                  municipally owned streetlight poles, where available, would be arranged
                  separately.


3 TELECOMMUNICATION PROVIDER ADMINISTRATIVE MATTERS:

       Please provide the following or attach an appropriate exhibit.

       3.1     Address of Applicant's nearest local office;

              NextG Networks, Inc.
              5902 Mount Eagle Drive, Suite I 5 I 7
              Alexandria, Virginia 22303

       3.2     Location of all records and engineering drawings, if not at local office;

              NextG Networks, Inc.
              2216 O'Toole Avenue
              San Jose, California 95131

       3.3   Names, titles, addresses, e-mail addresses and telephone numbers of contact
person(s) for Applicant's engineer or engineers and their responsibilities for the
telecommunications system;




                                                 5
             Corporate:
                Todd Schultz
                Vice President, Operations
                NextG Networks, Inc.
                2216 O'Toole Avenue
                San Jose, CA 95131
                Telephone (408) 954-1580, xl59
                Email tschulz@nextgnetworks.net
                Responsibilities: Corporate oversight of network design, construction,
                   implementation, and maintenance

             Regional:
                Michael Donelon
                Director of Implementation, Northeast Region
                NextG Networks, Inc.
                20 Lambeth Lane
                O'Fallon, MO 63366
                Telephone (636) 379-3090
                Email mdonelon@nextgnetworks.net
                Responsibilities: Regional management of network design, construction,
                   implementation, and maintenance

      3.4      Provide evidence of self-insurance or a certificate of insurance showing
Applicant's insurance coverage, carrier and limits of liability for the following:

             3.4.1   Worker's compensation;

             3.4.2   Commercial general liability, including at least:

                     3.4.2.1    Combined overall limits;

                     3.4.2.2    Combined single limit for each occurrence of bodily injury;

                     3.4.2.3    Personal injury;

                     3.4.2.4    Property damage;

                   3 .4.2.5    Blanket contractual liability for written contracts, products, and
             completed operations;

                     3.4.2.6    Independent contractor liability;

                   3.4.2.7     For any non-aerial installations, coverage for property damage
            from perils of explosives, collapse, or damage to underground utilities (known as
            XCU coverage);

                     3.4.2.8    Environmental contamination;


                                               6
              3.4.3 Automobile liability covering all owned, hired, and non-owned vehicles
       used by Applicant, its employee, or agents.

                      Please see enclosed certificate of insurance.

       3.5     Names of all anticipated contractors and subcontractors involved m the
construction, maintenance and operation of Applicant's facilities in the Public Ways.

              To be determined and provided prior to construction.


4 CERTIFICATION:

       All the statements made in the application and attached exhibits are true and correct to
       the best of my knowledge and belief



                                                    NAME OF ENTITY {"APPLICANT")

                                                    NEXTG NETWORKS OF ILLINOIS, INC.
                                                    dba NextG Networks Central



Date: 0 I February 2007                             By:          J\l,1..\\,\-b
                                                    Name: Raymond K. \)stby
                                                    Title: CFO/Secretary/Treasurer




                                                7
~EXTG NETWORKS, iNC.                                                              Check                           Check                          Ull88/
                                                                                  Date:            1/30/2007      Num:     011887


      INVOICE NO.                 DATE                        DESCRIPTION          PAID AMOUNT                    DISCOUNT                   APPUED AMOUNT
  CR 1/29                        1/29/2007       Vchr: VCH002585                               $500.00                    $0.00                      $500.00




   \HTEHNAL NO.         VENDOR                                                    TOTALS

          . 259       ClTYOF55               City of,Ml_lskegon ,                                                                                   $500.00



                                                      ' Uililiillim~mlJ:ll~ · · • ,
        NEXTG NETWORKS, INC.
                                                                            COMERICA BANK
                                                                            WESTERN HEGION
                                                                            v,ww.conmrica.,:0111
                                                                                                                                  903752/1211   0118 87
                  OPERATING ACCOUNT                                                                            DATE                 CHECK NUMBER
                   2216 O'TOOLE AVENUE
                    SAN JOSE. CA 95131
                                                                                                        1/30/2007                   011887
                   PHONE: 408-954-1580


      Five hundred and 00 / 100 Dollars Only******************************************************************************************
                                                                                                                          AMOUNT


PAY                                                                                                                                   $500.00
TO THE
                    City of Maskegon                                                                REQUIRES TWO SIGNATURES OVER S10,000.00
ORDER
                    933 Terrace Street
OF                  Maskegon, Ml49440
                                       MICHIGAN DEPARTMENT OF LABOR AND ECONOMIC GROWTH
                                      BUREAU OF COMMERCIAL SERVICES· CORPORATION DIVISION
                                             FOREIGN CORPORATION INFORMATION UPDATE

                                                                                        Year                        2005

 1. Corporate Nama
                                                                                                                ------
              NEXTG NETWORKS OF ILLINOIS, INC.
                                                                                                                                                     -Tull! Info:2 11010~6-! 09/12/05
2. IDENTIFICATION NUMBER                              3. Resdent Agent                                                                                Ch tt: 5786 Aat: 125.00
        652313                                             THE CORPORATION COMPANY                                                                    IO      652313
 4a. Reg~tered Office Address In Michigan · NO.• STREET, CITY, ZIP (may not be a P.O. Box)

           30600 TELEGRAPH ROAD, BINGHAM FARMS, Ml 48025                                                                                                           FILED
 4b. Maillng Address of Registered Office In Michigan, if different than address In Item 4a (may be a P.O. Box)
                                                                                                                                                               SEP 2 2 2005
           [SAME AS ABOVE]
                                                                                                                                                                 by Department
                                                                                                                                       -------lBureau or Commero1a1 Se•'-•
 5. Describe lhe general nature and kind of business in which the corporation is engaged:                                                                            1                ""-"'


             CONSTRUCT/OPERATE COMMUNICATIONS NETWORKS
6. Total authorized shares:                                  7. Slngle Business Tax Apportionment Percentage: Slilmif an amended application to report a change in aulho-                         I
                                                                rlzed shares. For lnaeases ln shares attributable due to an increase in SST%, you may complete the enclosed

       50,000                                                     ::::::t.::::i:::
                                                                                  1
                                                                                                     :::::::::::::1,::::~:                   ::: report in lieu of :in: :::.::::applcation.
                                                                                                                                             1                         0
                                                                                                                                                                                                  i
~----------~--------
 B.                                                                                               NAME                                        BUSINESS OR RESIDENCE ADDRESS
                      President
                                        JOHN GEORGES                                                                      2216 O'TOOLE AVE., SAN JOSE, CA 95131
           ,.,..,,     -------------------------------                                                                                                                                        -
       ~
                   RAY OSTBY           2216 OTOOLE AVE., SAN JOSE, CA 95131
different 1-c.,-------,----------------------
  than     '"'""' RAY OSTBY            2216 OTOOLE AVE., SAN JOSE, CA 95131
President >--------------------------
                      """"""""'           DAVID CUTRER                                                                     2216 O'TOOLE AVE., SAN JOSE, CA 95131
                      Ollllttot

       ~                                   JOHN GEORGES                                                                      2216 OTOOLE AVE., SAN JOSE, CA 95131
 different            Oiroctor
      than
 Officers             Olreetar


  9, The filing fee la $25.00, If submitted after September 30, total tee Is $75. {$25 fifing foe plus $50 late penalty fee.) Filing fee
   lncreasad to $25 on Oct.1, 2003 through Sept. 30, 2007. Pleaso make your chock or money order payable to State of Michigan. TIiis
   report must be filed by May 15 of the year In which It Is duo. If submitted more than , 1/2 months after original due date include $SO.OD
      Jato penalty fee.            Return thl• signed report with fee to:
                                                           Michigan Department of labor & Economic Growtll
                                                            Bureau of Commerclal Services • Corporation Division
                                                            PO Box 30702
                                                            Lansing, Ml 48909-8202
                                                            (517) 241-6470


                                                                            , ..
                                                                       I
  10. Signaturo of authorlud officer or agent                                                                                                Dato                  Phone (OptJonal)
                                                                                     TREASURER                                               8/17/05
                       ~'>1
II UM! spate 1& ~eedlid, a:lditicnal paoe, may l>e rl)C1\ICM                                                                         ;'           Customer    Anthony Rodriguez                          Phone:    408-954-1580
t-;-;~-;~o;;;~~-;;--'I                                                                            Contact:   2216 O'Toole Ave.
                                                                                                             San Jose, CA 95131
                                                                                                                                                          Fax:
                                                                                                                                                         Email:
                                                                                                                                                                  408-383-5397
                                                                                'i
~ · " ' ' " ' " ' • - ~ " " " " ' " " " ' ~ - - , , , , . _ . , ~ ..... ~/4'.....


l)                  30 Days                                                         I       This company is registered as:
 ~;,'.~l:\<21t~~,t,,;,r,i.S1,;@t,i£if~
 rRegister,i                         l
                                                                                             r   Broadbands Over Power Lines (BPL) Provider
                                                                                             P   Competitive Access Provider (CAP)
!' )' New Registrants ji::                                                                   r   Competitive Local Exchange Carrier (CLEC)
                                                                                                                                                                                                  !~:, !',-"."
r-···""-"""""'""'"""'"'""'"'-'···--""'"~'"'-"""'-·'""~-1
; ) Login                                              i                                     r   Incumbent Local Exchange Carrier (ILEC)
\                                                                                   :-,;
                                                                                             r   Interexchange Carrier (IXC)
                                                                                             r   Payphone Provider (PP)
                                                                                             r   Toll Reseller (TR)
                                                                                             r   Operator Service Provider (OSP)
                                                                                             r   Voice over Internet Protocol (VoIP) Provider
                                                                                             r   Wireless Provider




                                                                                            rti~&~!~lfi~~~~:~;:~:~,~,                                                                            ~.;•11'1\'"
                                                                                                                                                                                                 ~
               STRUCTURE ACCESS (POLES, CONDUITS -· ,HTS OF WAY) AGREEMENT/SBC MIDWEST
                                                                             Page I ol 24
                                                                                   116105




 STAND-ALONE AGREEMENT FOR ACCESS

TO SBC COMMUNICATION INC.'S STRUCTURE

(POLES, CONDUITS, AND RIGHTS OF WAYS)
                                                STRUCTURE ACCESS (POLES. CONDUITS '   .~HTS OF WAY) AGREEMENT/SBC MIDWEST
                                                                                                               Page 24 of 24
                                                                                                                      116/05




                                  AUTHORIZING SIGNATURES
                          TO SBC COMMUNICATION INC.'S STRUCTURE
                           (POLES, CONDUITS, AND RIGHTS OF WAYS)

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.



NextG Net.vorks of Illinois, Inc., D/B/A NexiG Networks   SBC Midwest D/B/A SBC Michigan
Central




Name:_John Georges._ _ _ _ _ __
            (Print or Type)

Title: _ _President and CEO _ _ _ _ __
                (Print or Type)

Date:       I /_/ 3 / )--o6 .J-
             /       I
_ _ _Milpitas, c,.________                                     Southfield, Ml
City and State of Execution by Applicant                       City and State of Execution by SBC Midwest
                                                                                                                                                                                           7


                                                                                                                                                                        DATE (MM/DDNY)
  ACORD,, CERTIFICATE OF LIABILITY INSURANCE                                                                                                                I           01/30/2007
PRODUCER                                                                                     THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
                                                                                             ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Woodruff-Sawyer & Co.                                                                        HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
220 Bush St., 7th Floor                                                                      ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Francisco CA 94104
                                                                                                                INSURERS AFFORDING COVERAGE
(415) 391-2141
INSURED                                                                                    INSURER A:   American International Soecialty Lines
NextG Networks, Inc. NexlG Networks of[llinois, Inc.                                       INSURER 8:
dba NextG Networks Central
                                                                                           INSURER C:
2216 O'Toole Avenue
                                                                                           !NSURERO:
San Jose, CA 95131
                                                                                           INSURER E:
                   '
COVERAGES
  THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
  ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
  MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDIT10NS OF SUCH
  POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
                                                                                        P!)_Ll£Y EFFECTIVE   POLICY EXPIRATION
irJ~               TYPE OF INSURANCE                             POLICY NUMBER                                                                            LIMITS

                                                                                                                                 EACH OCCURRENCE                  $
       ~NERAL LIABILITY



                                         •                                                                                                                        's
                                                                                                                                 FIRE DAMAGE (Any one lire)
              COMMERCIAL GENERAL LIABILITY

                   I CLAIMS MADE              OCCUR
                                                                                                                                 MED EXP (Any one person)

                                                                                                                                 PERSONAL & ADV INJURY             I
       -                                                                                                                         GENERAL AGGREGATE                 s
       -
           GEN'L AGGRnE LIMIT APnS PER:
                                                                                                                                 PRODUCTS • COMP/OP AGG            I
       7       POLICY           PB,P_c          LDC

       ~TOMOBILE LIABILITY                                                                                                       COMBINED SINGLE LIMIT


       -       ANY AUTO
                                                                                                                                 (Ea accident)
                                                                                                                                                                   '
       -       ALL OWNED AUTOS

               SCHEDULED AUTOS
                                                                                                                                 BODILY INJURY
                                                                                                                                 (Per person)
                                                                                                                                                                   $
       >--
               HIRED AUTOS                                                                                                       BODILY INJURY                     $
       >--                                                                                                                       (Per accident)
               NON-OWNED AUTOS
       >--
                                                                                                                                 PROPERTY DAMAGE                   $
       >--                                                                                                                       (Per accident)


       RRAGE        LIABILITY
                                                                                                                                 AUTO ONLY· EA ACCIDENT

                                                                                                                                                        EAACC
                                                                                                                                                                   $
                                                                                                                                                                   $
                ANY AUTO                                                                                                         OTHER THAN
                                                                                                                                 AUTO ONLY:               AGG      s

                            •                                                                                                                                      '
                                                                                                                                 EACH OCCURRENCE
           EXCESS LIABILITY

       ::::J.   OCCUR                    CLAIMS MADE                                                                             AGGREGATE
                                                                                                                                                                   'I
       l        DEDUCTIBLE
                RETENTION          s
                                                                                                                                                                   s
                                                                                                                                                                   $

           WORKERS COMPENSATION AND
                                                                                                                                    l . ~X§T~I.~::,
                                                                                                                                        .           I    !DJ!i·
           EMPLOYERS' LIABILITY                                                                                                  E.L. EACH ACCIDENT                I
                                                                                                                                 E.L. DISEASE· EA EMPLOYE~         s

 A         oTHER   Pollution Liabiltiy                           CPOI467489               08/31/2006           08/31/2007
                                                                                                                                 E.L. DISEASE· POUCY UMIT

                                                                                                                                  Limit                            '
                                                                                                                                                                   $           1,000,000
                   (Michigan)                                                                                                     Deductible                       $               5,000
                                                                                                                                                                   $
 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENOORSEMENTISPl:CIAL PROVISIONS
   Issued.for Evidence of Insurance Purposes Only




 CERTIFICATE HOLDER                           I I ADDITIONAL INSURED: INSURER LETTER:       CANCELLATION            10 Day Notice for Non~Payment of Premium
                                                                                             SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

                City of Muskegon                                                             DATE THEREOF, THE !SSUING INSURER WILL ENDEAVOR TO MAIL              jQ__ DAYS WRITTEN
                933 Terrace Street                                                           NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL

                Muskegon,MI 49440                                                            IMPOSE NO OBLIGATION OR LIABILITY     OF   ANY KIND UPON THE INSURER, ITS AGENTS OR




                                    LOAN#:
                                                                                             REPRESENTATIVES.
                                                                                            AUTHORIZED REPRESENTATIVE     r   ~
                                                                                                                                            MCU.,f'U.),.I
                       '                                                                                                                      @ACORD CORPORATION 1988
  ACORD 25-S (7/97) ID#:
                                                          IMPORTANT


                If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
                on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

                If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
                require an endorsement. A statement on this certificate does not confer rights to the certificate
                holder in lieu of such endorsement(s).



                                                            DISCLAIMER

                The Certificate of Insurance on the reverse side of this form does not constitute a contract between
                the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
                affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.




ACORD 25-S (7/97)
                                                                                                                                                                                    7

                                                                                                                                                                 DATE \MM/00/YY)
     ACORD," CERTIFICATE OF LIABILITY INSURANCE                                                                                                        I         05/01/2007
 PRODUCER                                                                                 THIS CERTIFICATE IS ISSUED AS A                 MATTER OF INFORMATION
 Woodruff-Sawyer & Co.                                                                    ONLY AND CONFERS NO RIGHTS                       UPON THE CERTIFICATE
                                                                                          HOLDER. THIS CERTIFICATE DOES                   NOT AMEND, EXTEND OR
 220 Bush St., 7th Floor                                                                  ALTER THE COVERAGE AFFORDED                     BY THE POLICIES BELOW.
 San Francisco CA 94104
 (415) 391-2141                                                                                             INSURERS AFFORDING COVERAGE
 INSURED                                                                                INSURER A:   Hartford Casualty Insurance Company
NextG Network'klnc., NextG Networks of Illinois, Inc.                                   INSURER 8:   St. Paul Fire and Marine Insurance Company
dba NextG Net\1/or s Central
2216 O'Toole Avenue                                                                     INSURER C:

San Jose, CA 95131                                                                      INSURER O;

                       '                                                               INSURER E:
COVERAGES
   THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
   ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
   MAY PERTA!N, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERE!N !S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
   POUC!ES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1~..s~                 TYPE OF INSURANCE                       POLICY NUMBER
                                                                                     POLICY EFFECTIVE   P2~~,Y EXPIRATION
                                                                                                                                                   LIMITS

 A       ~NERAL LIABILITY                                    57UUNTM8200              08/02/2006          08/02/2007        EACH OCCURRENCE                 $           I 000 000
         ,.K_    COMMERC!AL GENERAL LIABILITY                                                                               FIRE DAMAGE (Any one firel      $            Included
         f----
                 =:J   CLAIMS MADE      CK] OCCUR                                                                           MED EXP (Any one person)        $              10,000
         f----
                                                                                                                            PERSONAL & ADV INJURY           $           1,000,000
         f--
                                                                                                                            GENERAL AGGREGATE               $           2,000,000
         n'LAGGRnE LIMIT APnS PER:                                                                                          PRODUCTS - COMP/OP AGG          $           2,000,000
                 POLICY        ~.fR,:         LOC

         ~TOMOBILE LIABILITY
 A                                                           57UUNTM8200              08/02/2006         08/02/2007         COMBINED SINGLE LIMIT                       1,000,000
         f----
                 ANY AUTO

                 ALL OWNED AUTOS
                                                                                                                            (Ea accident)
                                                                                                                                                            '
                                                                                                                            BODILY INJURY
         f----
                 SCHEDULED AUTOS                                                                                            (Per peison)                    s
         x
         f----
                 HIRED AUTOS
                                                                                                                            BOOILY INJURY
                                                                                                                                                            s
          X      NON-OWNED AUTOS                                                                                            (Per accident)
         f----

                                                                                                                            PROPERTY DAMAGE
         f----
                                                                                                                            (Per accident)                  s

         Fl
          GARAGE LIABILITY"

                 ANY AUTO
                                                                                                                            AUTO ONLY - EA ACCIDENT

                                                                                                                            OTHER THAN
                                                                                                                            AUTO ONLY;
                                                                                                                                                 EAACC
                                                                                                                                                  AGG
                                                                                                                                                            '
                                                                                                                                                            $


                                                                                                                                                            '
 A       0
          EXCESS LIABILITY

                 OCCUR        •       ClAIMS MADE           57RHUTM8005               08/02/2006         08/02/2007
                                                                                                                            EACH OCCURRENCE
                                                                                                                            AGGREGATE
                                                                                                                                                            $


                                                                                                                                                            '
                                                                                                                                                                        4.000.000
                                                                                                                                                                        4.000 000

         Fl      DEDUCTIBLE
                 RETENTION        $
                                                                                                                                                            $

                                                                                                                                                            s
                                                                                                                                                            $

 B        WORKERS COMPENSATION AND                         HTUB696 l CO 1706                                                x   I T~~.~rnrN~ 1    10;,tt-
          EMPLOYERS' LIABILITY                                                        08/01/2006         08/01/2007
                                                                                                                            E.L. EACH ACCIDENT              s           1,000,000
                                                                                                                            E.L. DISEASE - EA EMPLOYEf      s           1,000,000
                                                                                                                                                                        1,000,000
                                                                                                                                                            s'
                                                                                                                            E.L. DISEASE - POLICY LIMIT
          OTHER

                                                                                                                                                            $
                                                                                                                                                            $
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
  Insurance coverage is provided as required by the METRO Act Pennit issued to NextG Networks of Illinois, Inc. by the City of Muskegon. The City of
  Muskegon is named as an additional insured per fonn HG 00 01 10 01 attached, as respects any covered liability arising out ofNextG's perfonnance of
  work under this 'METRO Act Permit issued by the City of Muskegon.




CERTIFICATE HOLDER                         I I ADDITIONAL INSURED; INSURER LETTER:     CANCELLATION            10 Day Notice for Non-Payment of Premium
                                                                                        SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
                 City of Muskegon                                                       DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL             ..!Q_    DAYS WRITTEN
                 933 Terrace Street                                                     NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
                 Muskegon, Ml 49440                                                     IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS DR




                  LOAN#:
                                                                                        REPRESENTATIVES.
                                                                                       AUTHORIZED REPRESENTATIVE    r  ~
                                                                                                                                      MCU,fltµJ
ACORD 25-5 (7/97) ID#:
                       '                                                                                                                c, ACORD CORPORATION 1988
                                                                                                                         7




                                                        IMPORTANT


              If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
              on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

              If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
              require an endorsement. A statement on this certificate does not confer rights to the certificate
              holder in lieu of such endorsement(s).



                                                          DISCLAIMER


              The Certificate of Insurance on the reverse side of this form does not constitute a contract between
              the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
              affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.




ACORD 25-S (7/97)
NAMED INSURED NextG Networks, Inc.
POLICY NUMBER 57LUNTM8200
   f. Prejudgment interest awarded against the insured             So long as the above conditions are met, attorneys'
      on that part of the judgment we pay. If we make an           fees incurred by us in the defense of that indemnitee,
      offer to pay the applicable limit of insurance, we will      necessary litigation expenses incurred by us and
      not pay any prejudgment interest based on that               necessary litigation expenses incurred by the
      period of time after the offer.                              indemnitee at our request will be paid as
   g. All interest on the full amount of any judgment that         Supplementary        Payments.   Notwithstanding     the
      accrues after entry of the judgment and before we            provisions of Paragraph 2.b.(2) of Section I - Coverage
      have paid, offered to pay, or deposited in court the         A - Bodily Injury And Property Damage Liability, such
      part of the judgment that is within the applicable           payments will not be deemed to be damages for "bodily
      limit of insurance.                                          injury" and "property damage" and will not reduce the
                                                                   limits of insurance.
   These payments will not reduce the limits of insurance.
                                                                   Our obligation to defend an insured's indemnitee and to
2. tf we defend an insured against a "suit" and an                 pay for attorneys' fees and necessary litigation
   indemnitee of the insured is also named as a party to           expenses as Supplementary Payments ends when:
   the "suit", we will defend that indemnitee if all of the
   following conditions are met:                                   a. We have used up the applicable limit of insurance
                                                                      in the payment of judgments or settlements; or
   a. The "suit" against the indemnitee seeks damages
      for which the insured has assumed the liability of           b. The conditions set forth above, or the terms of the
      the indemnitee in a contract or agreement that is an            agreement described in Paragraph f. above, are no
      "insured contract";                                             longer met.
   b. This insurance applies to such liability assumed by       SECTION II - WHO IS AN INSURED
      the insured;                                              1. If you are designated in the Declarations as:
   c. The obligation to defend, or the cost of the defense         a. An individual, you and your spouse are insureds,
      of, that indemnitee, has also been assumed by the               but only with respect to the conduct of a business of
      insured in the same "insured contract";                         which you are the sole owner.
   d. The allegations in the "suit" and the information we         b. A partnership or joint venture, you are an insured.
      know about the "occurrence" are such that no                    Your members, your partners, and their spouses
      conflict appears to exist between the interests of the          are also insureds, but only with respect to the
      insured and the interests of the indemnitee;                    conduct of your business.
   e. The indemnitee and the insured ask us to conduct             c. A limited liability company, you are an insured. Your
      and control the defense of that indemnitee against              members are also insureds, but only with respect to
      such "suit" and agree that we can assign the same               the conduct of your business. Your managers are
      counsel to defend the insured and the indem nitee;              insureds, but only with respect to their duties as
      and                                                             your managers.
   f. The indemnitee:                                              d. An organization other than a partnership, joint
      (1) Agrees in writing to:                                       venture or limited liability company, you are an
                                                                      insured. Your "executive officers" and directors are
         (a) Cooperate with      us in the investigation,             insureds, but only with respect to their duties as
               settlement or defense of the "suit";                   your officers or directors. Your stockholders are
         (b) Immediately send us copies of any demands,               also insureds, but only with respect to their liability
               notices, summonses or legal papers                     as stockholders.
               received in connection with the "suit";             e. A trust, you are an insured. Your trustees are also
         (c) Notify any other insurer whose coverage is               insureds, but only with respect to their duties as
             available to the indemnitee; and                         trustees.
         ( d) Cooperate with us with respect to                 2. Each of the following is also an insured:
              coordinating other applicable insurance              a. Your "volunteer workers" only while performing
              available to the indemnitee; and                        duties related to the conduct of your business, or
      (2) Provides us with written authorization to:                  your "employees", other than either your "executive
         (a) Obtain records and other information related             officers" (if you are an organization other than a
             to the "suit"; and                                       partnership, joint venture or limited liability
                                                                      company) or your managers (if you are a limited
         (b) Conduct and control the defense of the                   liability company), but only for acts within the scope
             indemnitee in such "suit".                               of their employment by you or while performing
                                                                      duties related to the conduct of your business.




Page 8 of 16                                                                                                   HG 00 0110 01
    However, none of these "employees" or "volunteer              e. Any subsidiary, and subsidiary thereof, of yours
    workers" are insureds for:                                       which is a legally incorporated entity of which you
    (1) "Bodily injury" or "personal      and advertising            own a financial interest of more than 50% of the
                                                                     voting stock on the effective date of the Coverage
       injury":
                                                                     Part.
       (a) To you, to your partners or members (if you
                                                                     The insurance afforded herein for any subsidiary
           are a partnership or joint venture), to your
                                                                     not named in this Coverage Part as a named
           members (if you are a limited liability
                                                                     insured does not apply to injury or damage with
           company), to a co-"employee" while in the                 respect to which an insured under this Coverage
           course of his or her employment or                        Part is also an insured under another policy or
           performing duties related to the conduct of               would be an insured under such policy but for its
           your business, or to your other "volunteer                termination or the exhaustion of its limits of
           workers" while performing duties related to               insurance.
           the conduct of your business;
                                                               3. With respect to "mobile equipment" registered in your
       (b) To the spouse, child, parent, brother or sister        name under any motor vehicle registration law, any
           of that co-"employee" or that "volunteer               person is an insured while driving such equipment
           worker" as a consequence of Paragraph                  along a public highway with your permission. Any other
           (1)(a) above;                                          person or organization responsible for the conduct of
       (c) For which there is any obligation to share             such person is also an insured, but only with respect to
           damages with or repay someone else who                 liability arising out of the operation of the equipment,
           must pay damages because of the injury                 and only if no other insurance of any kind is available to
           described in Paragraphs (1)(a) or (b) above;           that person or organization for this liability. However, no
           or                                                     person or organization is an insured with respect to:
       (d) Arising out of his or her providing or failing to      a. "Bodily injury" to a co-"employee" of the person
           provide professional health care services                 driving the equipment; or
           unless he or she is a nurse, emergency                 b. "Property damage" to property owned by, rented to,
           medical technician or paramedic employed                  in the charge of or occupied by you or the em player
           to provide such services.                                 of any person who is an insured under this
    (2) "Property damage" to property:                               provision.
       (a) Owned, occupied or used by,                         4. Any organization you newly acquire or form, other than
                                                                  a partnership, joint venture or limited liability company,
       (b) Rented to, in the care, custody or control of,         and over which you maintain ownership or majority
           or over which physical control is being                interest, will qualify as a Named Insured if there is no
           exercised for any purpose by                           other similar insurance available to that organization.
        you, any of your "employees", "volunteer                  However:
        workers", any partner or member (if you are a             a. Coverage under this provision is afforded only until
        partnership or joint venture), or any member (if
                                                                      the 18oth day after you acquire or form the
        you are a limited liability company).                         organization or the end of the policy period,
  b. Any   person (other than your "employee" or                      whichever is earlier;
     "volunteer worker"), or any organization while acting
                                                                  b. Coverage A does not apply to "bodily injury" or
     as your real estate manager.                                     "property damage" that occurred before             you
  c. Any person or organization having proper                         acquired or formed the organization; and
     temporary custody of your property if you die, but            c. Coverage B does not apply to "personal and
     only:                                                            advertising injury" arising out of an offense
    (1) With  respect to liability arising out of the                 committed before you acquired or formed the
        maintenance or use of that property; and                      organization.
    (2) Until your     legal   representative   has    been    5. With respect to watercraft you do not own that is less
        appointed.                                                than 51 feet long and is not being used to carry
  d. Your legal representative if you die, but only with          persons for a charge, any person is an insured while
     respect to duties as such. That representative will          operating such watercraft with your permission. Any
     have all your rights and duties under this Coverage          other person or organization responsible for the
     Part.                                                        conduct of such person is also an insured, but only with
                                                                  respect to liability arising out of the operation of the
                                                                  watercraft, and only if no other insurance of any kind is
                                                                  available to that person or organization for this liability.




HG 00 0110 01                                                                                                  Page 9 of16
   However, no person or organization is an insured with            (g) Products which, after distribution or sale by
   respect to:                                                          you, have been labeled or relabeled or used
   a. "Bodily injury" to a co-"employee" of the person                  as a container, part or ingredient of any other
                                                                        thing or substance by or for the vendor.
      operating the watercraft; or
   b, "Property damage" to property owned by, rented to,         (2) This insurance does not apply to any insured
      in the charge of or occupied by you or the employer            person or organization, from whom you have
      of any person who is an insured under this                     acquired such products, or any ingredient, part
                                                                     or container, entering into, accompanying or
      provision.
                                                                     containing such products.
6. The following are also an insured when you have
                                                               b. Any person or organization from whom you. lease
   agreed, in writing, in a contract or agreement that
                                                                  equipment; but only with respect to their l1ab1llty
   another person or organization be added as an
                                                                  arising out of the maintenance, operation or use by
   additional insured on your policy, provided the injury or
                                                                  you of equipment leased to you by such person or
   damage occurs subsequent to the execution of the
                                                                  organization. A person's or organization's status a_s
   contract or agreement.                                         an insured under this paragraph ends when their
    However, no such person or organization is an insured         contract or agreement with you for such leased
    under this provision if such person or organization is        equipment ends.
    included as an insured by an endorsement issued by
    us and made a part of this Coverage Part.                     With respect to the insurance afforded these
                                                                  additional insureds, the following additional
   a. Any person or organization (referred to below as            exclusions apply:
      vendor), but only with respect to "bodily injury" or        This insurance does not apply:
      "property damage" arising out of "your products"
                                                                  1. To any "occurrence" which takes place after the
      which are distributed or sold in the regular course of
                                                                     equipment lease expires;
      the vendor's business, subject to the following
      additional exclusions:                                      2. To "bodily injury" or "property damage" arising
                                                                      out of the sole negligence of such person or
      (1) The insurance afforded the vendor does not                  organization.
          apply to:
                                                               c, Any person or organization from whom you. lease
         (a) "Bodily injury" or "property damage" for which       land or premises, but only with respect to hab1hty
             the vendor is obligated to pay damages by            arising out of the ownership, maintenance or use of
             reason of the assumption of liability in a           that part of the land or premises leased to you.
             contract or agreement. This exclusion does
                                                                  With respect to the insurance afforded these
             not apply to liability for damages that the
                                                                  additional insureds the following additional
             vendor would have in the absence of the
                                                                  exclusions apply:
             contract or agreement;
                                                                  This insurance does not apply to:
         (b) Any express warranty unauthorized by you;
                                                                  1, Any "occurrence" which takes place after you
         (c) Any physical or chemical change in the                  cease to lease that land;
             product made intentionally by the vendor;
                                                                  2. Structural   alterations, new construction or
         (d) Repackaging, unless unpacked solely for the              demolition operations performed by or on behalf
             purpose of inspection, demonstration,                    of such person or organization.
             testing, or the substitution of parts under       d. Any architect, engineer, or surveyor, but only with
             instructions from the manufacturer, and then         respect to liability arising out of your premises or
             repackaged in the original container;                ongoing operations performed by you or on your
         (e) Any failure to make such inspections,                behalf.
             adjustments, tests or servicing as the vendor        With respect to the insurance afforded these
             has agreed to make or normally undertakes            additional insureds, the following additional
             to make in the usual course of business, in          exclusions apply:
             connection with the distribution or sale of the
                                                                  This insurance does not apply to "bodily injury",
             products;                                            "property damage" or "personal and advertising
          (f) Demonstration, installation, servicing or           injury" arising out of the rendering of or the failure to
              repair operations, except such operations           render any professional services by or for you,
              performed at the vendor's premises in               including:
              connection with the sale of the product;             1. The preparing, approving, or failing to prepare or
                                                                      approve, maps, shop drawings, opinions,
                                                                      reports, surveys, field orders, change orders or
                                                                      drawings and specifications; and
                                                                   2. Supervisory,      inspection,    architectural     or
                                                                      engineering activities.

Page 10 of 16                                                                                             HG 00 01 10 01
   e. Any other person or organization who is not an           7. Subject to 5. above, the Medical Expense Limit is the
      insured under Paragraphs a. through d. above, but           most we will pay under Coverage C for all medical
      only with respect to your operations, "your work" or        expenses because of "bodily injury" sustained by any
      facilities owned or used by you.                            one person.
No person or organization is an insured with respect to the    The Limits of Insurance of this Coverage Part apply
conduct of any current or past partnership, joint venture or   separately to each consecutive annual period and to any
limited liability company that is not shown as a Named         remaining period of less than 12 months, starting with the
Insured in the Declarations.                                   beginning of the policy period shown in the Declarations,
SECTION Ill - LIMITS OF INSURANCE                              unless the policy period is extended after issuance for an
                                                               additional period of less than 12 months. In that case, the
1. The Limits of Insurance shown in the Declarations and       additional period will be deemed part of the last preceding
   the rules below fix the most we will pay regardless of      period for purposes of determining the Limits of Insurance.
   the number of:
                                                               SECTION IV - COMMERCIAL GENERAL LIABILITY
   a. Insureds;                                                CONDITIONS
   b. Claims made or "suits" brought; or                       1. Bankruptcy
   c. Persons or organizations making claims or bringing          Bankruptcy or insolvency of the insured or of the
      "suits".                                                    insured's estate will not relieve us of our obligations
2. The General Aggregate Limit is the most we will pay for        under this Coverage Part.
   the sum of:                                                 2. Duties In The Event Of Occurrence, Offense, Claim
   a. Medical expenses under Coverage C;                          Or Suit
   b. Damages under Coverage A, except damages                    a. You must see to it that we are notified as soon as
      because of "bodily injury" or "property damage"                 practicable of an "occurrence" or an offense which
      included in the "products-completed operations                  may result in a claim.
      hazard"; and                                                   (1) To the extent possible, notice should include:
   c. Damages under Coverage B.                                         (a) How, when and where the "occurrence" or
3. The Products-Completed Operations Aggregate Limit                        offense took place;
   is the most we will pay under Coverage A for damages                 (b) The names and addresses of any injured
   because of "bodily injury" and "property damage"                         persons and witnesses; and
   included in the "products-completed operations
   hazard".                                                              (c) The nature and location of any injury or
                                                                             damage arising out of the "occurrence" or
4. Subject to 2. above, the Personal and Advertising                         offense.
   Injury Limit is the most we will pay under Coverage B
   for the sum of all damages because of all "personal               (2) This Condition applies only when              such
   and advertising injury" sustained by any one person or                "occurrence" or offense is known to:
   organization.                                                         (1) You, if you are an individual;
5. Subject to 2. or 3. above, whichever applies, the Each                (2) A partner, if you are a partnership;
   Occurrence Limit is the most we will pay for the sum of:              (3) A manager, if you are a limited liability
    a. Damages under Coverage A; and                                         company;
    b. Medical expenses under Coverage C                                 (4) An "executive officer" or insurance manager,
    because of all "bodily injury" and "property damage"                     if you are a corporation; or
    arising out of any one "occurrence".                                 (5) Any trustee, if you are a trust.
6. Subject to 5. above, the Damage To Premises Rented              b. If a claim is made or "suit" is brought against any
    To You Limit is the most we will pay under Coverage A             insured, you must:
    for damages because of "property damage" to any one               (1) Immediately record the specifics of the claim or
    premises, while rented to you, or in the case of                      "suit" and the date received; and
    damage by fire, lightning or explosion, while rented to
    you or temporarily occupied by you with permission of             (2) Notify us as soon as practicable.
    the owner.                                                        You must see to it that we receive written notice of
    In the case of damage by fire, lightning or explosion,            the claim or "suit" as soon as practicable.
    the Damage to Premises Rented To You Limit applies                But this condition will not be considered breached
    to all damage proximately caused by the same event,               unless the breach occurs after such claim or "suit"
    whether such damage results from fire, lightning or               is known to anyone listed in 2.a.(2) above.
    explosion or any combination of these.



 HG 00 0110 01                                                                                                  Page 11 of 16
          Commission Meeting Date:          May 8, 2007




Date:      May 7, 2007
To:        Honorable Mayor & City Commission
From:      Community and Neighborhood Services
           Department
RE:        Approval of Resolution to submit Healthy Homes
           Lead Grant


SUMMARY OF REQUEST: To approve the attached resolution and
instruct the Community and Neighborhood Services department to
complete grant to the U.S. Department of Housing and Urban
Development for the Healthy Homes Lead abatement for a possible 3
million dollars.

FINANCIAL IMPACT: The City could receive up to 3 million dollars for
lead abatement for homes in the City of Muskegon.

BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION: To approve the resolution



COMMITTEE RECOMMENDATION: The City Commission approved
earlier this year for the Community and Economic Development
department to work with an assigned consultant to prepare the grant.
                                       Resolution
                                       2007-39(d)

Whereas, The City of Muskegon is a Participating Jurisdiction in the U.S. Department of
Housing and Urban Development (HUD) Community Development Block Grant
Program (CDBG), and HOME programs.

Whereas, The City of Muskegon, has approximately 15, 999 Housing units, in the city.

Whereas, approximately 14,000 or 87.5% of the units in the City of Muskegon, were
built before 1979.

Whereas, the issue of Lead in housing is recognized as an important factor as it relates to
children's health.

Whereas, the Muskegon S.A.F.E. Housing program is applying for a Healthy Homes
Lead Safe Grant from the U.S. Department of Housing and Urban Development, in the
amount of 3 million dollars.

Now, Therefore Be It Resolved that the Muskegon City Commission hereby approves the
grant to be submitted by the Community and Neighborhood Service Office, under
S.A.F.E. Housing Muskegon, on May 18, 2007.
Adopted:       May 8, 2007

Ayes:     Warmington, Wierenga, Carter, Davis, Gawron, Shepherd,
          and Spataro

Nays:     None

                                                                                                 ----.,j
                                                                              --=---=---------------




                                               ~~)'--~~\;;_,'- ~0'L,"
                                                Ann Marie Becker, MMC
                                                City Clerk
                                     CERTIFICATION
                                       2007-39(d)


This resolution was adopted at a regular meeting of the City Commission, held on May 8, 2007.
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



                                                                                              ~-=-/v_Jl-=---'"__
                                          By: -~----'-.""".,,_,_\\-'-J.::...:.·~----\_,\_).=-=·_·             '-
                                                   Ann Marie Becker, MMC
                                                   City Clerk

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