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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 24, 2003
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o PRESENTATIONS:
o CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. City - MDOT Agreement for: Lincoln, Sherman to Lakeshore Drive.
ENGINEERING
c. Fireworks Display - Commodores Concert. CITY CLERK
d. Change of Polling Place. CITY CLERK
e. Lakeshore Trail IV Bids. LEISURE SERVICES
f. FIRST READING: Zoning Ordinance Amendment for Banners.
PLANNING & ECONOMIC DEVELOPMENT
g. Crisis Communications Plan. PUBLIC RELATIONS COMMITTEE
o PUBLIC HEARINGS:
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
a. Approval of Resolution, Purchase Agreement and Quit Claim for
the Sale of 850 Wood. COMMUNITY & NEIGHBORHOOD SERVICES
b. Acceptance of Purchase Agreement from the Muskegon Housing
Commission. COMMUNITY & NEIGHBORHOOD SERVICES AND
INSPECTIONS
c. Approval of Contract with A-1 Professional Construction.
COMMUNITY & NEIGHBORHOOD SERVICES
d. Veteran's Park Maintenance Agreement. CITY MANAGER
e. Vulnerability Assessment Proposal. PUBLIC WORKS
f. Rezoning Request for Properties Located Within 'Area 11'.
PLANNING & ECONOMIC DEVELOPMENT
g. Industrial Facilities Tax Payment Agreement - Burgess-Norton. CITY
MANAGER
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• {Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
• CLOSED SESSION: To discuss pending litigation.
• ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724--4172.
Date: June 24, 2003
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Commission
Worksession that was held on Monday, June 9, 2003; and the Regular
Commission Meeting that was held on Tuesday, June 1O, 2003.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 24, 2003
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933
Terrace Street, Muskegon, Michigan at 5:30pm, Tuesday, June 24, 2003.
Mayor Warmington opened the meeting with a prayer from Vice Mayor Buie, after which
members of the City Commission and members of the public joined in reciting the Pledge
of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Karen Buie; Commissioners Stephen
Gawron, William Larson, Robert Schweifler, Clara Shepherd and Lawrence Spataro; City
Manager Bryon Mazade, City Attorney John Schrier and Deputy City Clerk Linda Potter.
2001-50 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that was
held on Monday, June 9, 2003, and the Regular Commisison Meeting that was held on
Tuesday, June 10, 2003.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. City - MDOT Agreement for: Lincoln, Sherman to Lakeshore Drive.
ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the milling and
resurfacing as well as reconstruction of Lincoln St. between Sherman and Lakeshore Dr.
and to approve the resolution authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MDOT's participation is estimated at $353,000 but not to exceed
81.85% of eligible cost. The estimated total cost of the project, including the none
participating items of engineering and water main, is $490,000.
BUDGET ACTION REQUIRED: None at this time. The City's share of the cost will come
out of the Major Street and Water Funds as was budgeted.
STAFF RECOMMENDATION: That the agreement and resolution be approved.
c. Fireworks Display - Commodores Concert. CITY CLERK
SUMMARY OF REQUEST: Management Associates, Inc. is requesting approval of a
fireworks display permit for June 28, 2003 during the Commodores performance at the
Muskegon Summer Celebration. Fire Marshall Metcalf has reviewed the request and
recommends approval contingent on inspection of the fireworks. The insurance
coverage has been approved.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
d. Change of Polling Place. CITY CLERK
SUMMARY OF REQUEST: The Muskegon Public Schools will be closing Froebel School that
we are currently using for Precinct #4's polling place. We request permission to change
the polling place to the Smith Ryerson Bldg., which is just down the hill from Froebe[
School.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
f. FIRST READING: Zoning Ordinance Amendment for Banners.
PLANNING &. ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334 (Signs) of Article XXI II (General
Provisions) of the City's Zoning Ordinance in order to permit banners under certain
conditions.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to
change the proposed language in the article and section described above.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the
request at their 6/12 meeting, with B. Mazade, J. Aslakson, B. Smith, and T. Harryman
absent. The vote was unanimous.
g. Crisis Communications Plan. PUBLIC RELATIONS COMMITTEE
SUMMARY OF REQUEST: The Public Relations Committee and City Staff have reviewed
the Crisis Plan and it is now ready to be adopted.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Motion by Vice Mayor Buie, second by Commissioner Schweifler to approve the
Consent Agenda with the exception of Item e.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSED
2003-51 ITEMS REMOVED FROM CONSENT AGENDA
e. Lakeshore Trail IV Bids. LEISURE SERVICES
SUMMARY OF REQUEST: To award the contract to the low bidder, Schultz Excavating, to
construct phase IV of the Lakeshore Trail.
FINANCIAL IMPACT: $314,267
BUDGET ACTION REQUIRED: None, $375,000 was budgeted with 80% coming from MOOT
and the remainder from the Golf Course fund.
STAFF RECOMMENDATION: Approve.
Motion by Commissioner Larson, second by Commissioner Spataro to award the
Lakeshore Trail Phase IV Contract to Schultz Excavating.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro
Nays: Warmington, Buie
MOTION PASSED
2003-52 NEW BUSINESS:
a. Approval of Resolution, Purchase Agreement and QuitClaim for the
Sale of 850 Wood. COMMUNITY Et NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To authorize the Mayor and City Clerk to sign the resolution to
sell the home, and approve the purchase agreement between David D. Sperry and the
City of Muskegon for the purchase of the City owned home located at 850 Wood a.k.a.
"Wood Street Revival" for the price of $55,000.
The structure at 850 Wood was totally rehabilitated by the Community and
Neighborhood Services Department under its HOME rehabilitation program. The CNS
office considers the rehabilitation of 850 Wood a.k.a. "Wood Street Revival" to be a
major contribution to the blight fight efforts by the City of Muskegon in area 11.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the sale and the purchase agreement to sell 850
Wood a.k.a. "Wood Street Revival" to David D. Sperry and direct the Mayor and City
Clerk to sign the quitclaim.
Motion by Commissioner Spataro, second by Commissioner Schweifler to approve
the purchase agreement, resolution and quitclaim for the sale of 850 Wood St. to
David D. Sperry.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron
Nays: None
MOTION PASSED
b. Acceptance of Purchase Agreement from the Muskegon Housing
Commission. COMMUNITY Et NEIGHBORHOOD SERVICES AND
INSPECTIONS
SUMMARY OF REQUEST: To accept the purchase agreement from the Muskegon Housing
Commission concerning seven Housing Commission homes (a.k.a. Turnkey 3). The
specific addresses of the homes are 1668 Beidler, 284 Iona, 361 Oak, 383 Catherine, 747
Marcoux, 214 Washington and 404 Washington.
The total cost to purchase is seven dollars ($7.00). The City has agreed to acquire all
the homes, except 1950 Terrace.
The City of Muskegon will demolish 1950 Terrace St., but the Housing Commission will
retain ownership. The City will bill the Housing Commission for the cost of the
demolition.
Four of the properties, 1668 Beidler, 361 Oak, 284 Iona and 404 Washington will be
demolished. New homes will be constructed, starting with Beidler and Oak. The City
HOME funds will cover the demolition and new construction cost.
The other sites will be demolished with CDBG fund and 1950 Terrace will be "torn"
down with general funds.
FINANCIAL IMPACT: The seven dollars will be taken from the General Fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the purchase agreement and direct the Mayor and
City Clerk to sign the agreement.
Motion by Commissioner Shepherd, second by Commissioner Spataro to approve the
agreement from the Muskegon Housing Commission for 1668 Beidler, 284 Iona, 361
Oak, 383 Catherine, 747 Marcoux, 214 Washington and 404 Washington for $7.00
(seven).
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron,
Larson
Nays: None
MOTION PASSED
c. Approval of Contract with A-1 Professional Construction.
COMMUNITY Et NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To accept the low bid submitted by A-1 Professional of Grand
Rapids, Ml for the lead base abatement at the city-owned property located at 503
Octavius for $27,475.
After the abatement is competed, the home will be totally rehabilitated and sold to a
qualified family as a single-family owner-occupied structure. This project is under the
Community and Neighborhood Services Housing Rehabilitation Program entitled
"Operation Jackson Hill Urban Renewal Project #1 (Wgirtt)
FINANCIAL IMPACT: The cost of this project will be financed with 2001 HOME Funds.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the contract with A-1 for $27,475 to complete
the lead base paint abatement at 503 Octavius.
Motion by Commissioner Gawron, second by Commissioner Shepherd to approve the
contract with A-1 Professional Construction for $27,475 to complete the lead base
paint abatement at 503 Octavius.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler
Nays: None
MOTION PASSED
d. Veteran's Park Maintenance Agreement. CITY MANAGER
SUMMARY OF REQUEST: To approve the agreement with Muskegon County and the City
of North Muskegon for the maintenance of Veteran's Park.
FINANCIAL IMPACT: Approximately $16,000.
BUDGET ACTION REQUIRED: A budget adjustment is necessary to accommodate this
increase.
STAFF RECOMMENDATION: To approve the agreement.
Motion by Commissioner Schweifler, second by Commissioner Spataro to approve the
agreement with Muskegon County and the City of North Muskegon for the
maintenance of Veteran's Park, including amendments suggested by the City
Manager.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None
MOTION PASSED
e. Vulnerability Assessment Proposal. PUBLIC WORKS
SUMMARY OF REQUEST: To accept the proposal by Tetra Tech MPS to perform a
Vulnerability Assessment of the City's water system as required by the Environmental
Protection Agency.
FINANCIAL IMPACT: Proposal cost of $28,000.00
BUDGET ACTION REQUIRED: May required a budget amendment if funds cannot be found
within other line items, as the proposal was not budgeted.
STAFF RECOMMENDATION: Recommend Mayor and Commission endorses the proposal
from Tetra Tech MPS and enters into contract for performance of the Vulnerability
Assessment at a cost of $28,000.00.
Motion by Commissioner Gawron, second by Commissioner Schweifler to accept the
proposal by Tetra Tech MPS for the cost of $28,000.00 to perform a Vulnerability
Assessment of the City's Water System as required by the Environmental Protection
Agency.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
MOTION PASSED
f. Rezoning Request for Properties Located Within 'Area 11 '.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone most of the 1148 properties located within
'Area 11' (bounded generally by Pine St., Walton Ave., Ryerson Creek, Kenneth St., and
Irwin Ave.).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the
request at their 6/ 12 meeting, with three changes in the proposed zoning. They
recommended that 410 E. Apple Ave. be rezoned to B-2 instead of RT, that 1192 Wood
St. be rezoned to B-1 instead of RT, and that 1076 Ambrosia, 1080 Ambrosia, 320 Iona,
316 Iona and 310 Iona all be rezoned to R-1 instead of RT. The vote was unanimous
with J. Aslakson, B. Mazade, B. Smith and T. Harryman absent.
Motion by Commissioner Spataro, second by Vice Mayor Buie to approve the
rezoning request for most of the 1148 properties located within 'Area 11' (bounded
generally by Pine St., Walton Ave., Ryerson Creek, Kenneth St., and Irwin Ave.).
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSED
g. Industrial Facilities Tax Payment Agreement - Burgess-Norton. CITY
MANAGER
SUMMARY OF REQUEST: To approve the IFT payment agreement with Burgess-Norton to
pay Industrial Facilities taxes as a result of the closing of their facility in the City.
FINANCIAL IMPACT: $217,390 to be distributed to the taxing jurisdictions.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the agreement.
Motion by Commissioner Spataro, second by Commissioner Schweifler to approve the
IFT payment agreement with Burgess-Norton to pay Industrial Facilities Taxes as a
result of the closing of their facility in the City.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington,
Buie
Nays: None
MOTION PASSED
h. Fireworks Display Permit - LL Cool J Concert at Summer Celebration
City Clerk
SUMMARY OF REQUEST: To approve the Fireworks Display Permit for the LL Cool J
Concert contingent upon approval of insurance certificate and inspection of fireworks
by Fire Marshall Metcalf.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve.
Motion by Commissioner Schweifler, second by Commissioner Shepherd to approve
the Fireworks Display Permit for the LL Cool J Concert contingent upon approval of
insurance certificate and inspection of fireworks by Fire Marshall Metcalf.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron
Nays: None
MOTION PASSED
Motion by Commissioner Schweifler, second by Vice Mayor Buie to go into Closed
Session at 6: 33pm to discuss pending litigation.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Buie, Gawron, Larson
Nays: None
Excused: Warmington
MOTION PASSED
Motion by Commissioner Schweifler, second by Commissioner Larson to go into open
session at 6:58pm.
ROLL VOTE: Ayes: Shepherd, Spataro, Buie, Gawron, Larson, Schweifler
Nays: None
Excused: Warmington
MOTION PASSED
2003-53 CLOSED SESSION: To discuss pending litigation.
Motion by Commissioner Schweifler, second by Commissioner Spataro to concur with
the recommendation of the City Attorney on housing demolition case.
ROLL VOTE: Ayes: Spataro, Buie, Gawron, Larson, Schweifler, Shepherd
Nays: None
Excused: Warmington
MOTION PASSED
The Regular Commission Meeting for the City of Muskegon was adjourned at 7:00PM.
Respectfully submitted,
Gail Kundinger, MMC
~co~ -so 0
Date: June 17, 2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City- MDOT Agreement for:
Lincoln, Sherman to Lakeshore Dr.
SUMMARY OF REQUEST:
To approve the attached contract with MOOT for the milling & resurfacing as well as
reconstruction of Lincoln street between Sherman & Lakeshore Dr. and to approve
the attached resolution authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
MDOT's participation is estimated at $353,000 but not to exceed 81.85% of eligible
cost. The estimated total cost of the project, including the none participating items of
engineering and watermain, is $490,000.
BUDGET ACTION REQUIRED:
None at this time. The City's share of the cost will come out of the Major Street
and water funds as was budgeted.
STAFF RECOMMENDATION:
That the attached agreement and resolution be approved.
COMMITTEE RECOMMENDATION:
RESOLUTION 2003-50 ( b)
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE MILLING &
RESURFACING/ RECONSTRUCTION OF LINCOLN STREET FROM SHERMAN TO LAKESHORE
DR. TOGETHER WITH THE NECESSARY RELATED WORK AND AUTHORIZATION FOR MAYOR
STEPHEN J. WARMINGTON AND CITY CLERK GAIL A KUNDINGER TO EXECUTE SAID
CONTRACT
Moved by Vice Mayor Buie and supported by
Commissioner_-=S.-=cc-"'hC..Cw'-"e'-'i'-'f'-'l=-ce=r=------that the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 03-5204 between the Michigan
Department of Transportation and the City of Muskegon for the resurfacing & widening of the
southbound exit ramp at US-31 and Sherman Blvd. within the City is in the best interests of the City of
Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 03-5204 be and the same is
hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for
and on behalf of the City of Muskegon.
Adopted this 24th day of June , 2003.
BY
ATTEST ~ Q L,--:
Gail A Kundinger, City Clerk
CERTIFICATION
Thi s resolution was adopted at a meeting of the City Commission, held on
June 24 , 2003. 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.
CITYOFMU~
By 4i:. g ndinger, Clerk cf'1
STP DIR
Project STP 036 I (020)
Job Number 56361
Control Section STUL 61407
Fed Item# HH 3544
Contract No. 03-5204
PART!
THIS CONTRACT, consisting of PART I and PART II (Standard Agreement Provisions),
is made and entered into this date of .JUl 1 O2003 , by and between the MICHIGAN
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT"; and
the CITY OF MUSKEGON, a Michigan municipal corporation, hereinafter referred to as the
"REQUESTING PARTY"; for the purpose of fixing the rights and obligations of the parties in
agreeing to the following improvements, in the City of Muskegon, Michigan, hereinafter referred
to as the "PROJECT" and estimated in detail on EXHIBIT "I", dated April 28, 2003, attached hereto
and made a part hereof:
PART A-FEDERAL PARTICIPATION
Hot mix asphalt paving and concrete pavement replacement work along Lincoln
Street from Sherman Boulevard to Lakeshore Drive; including grading and drainage
structure adjustment work; and all together with necessary related work.
PART B-NO FEDERAL PARTICIPATION
Watermain work along Lincoln Street from Sherman Boulevard to Lakeshore Drive;
and all together with necessary related work.
WITNESS ETH:
WHEREAS, pursuant to Federal law, monies have been provided for the performance of
certain improvements on public roads; and
WHEREAS, the reference "FHWA" in PART I and PART II refers to the United States
Department of Transportation, Federal Highway Administration; and
WHEREAS, the PROJECT, or portions of the PROJECT at the request of the
REQUESTING PARTY, are being programmed with the FHWA, for implementation with the use
of Federal Funds under the following Federal program(s) or funding:
SURFACE TRANSPORTATION PROG~ (~
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09/06/90 SIP.FOR 4/28/03 I ' ..
JUL 01 ?f'03
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WHEREAS, the parties hereto have reached an understanding with each other regarding the
performance of the PROJECT work and desire to set forth this understanding in the form ofa written
contract.
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of the
parties and in conformity with applicable law, it is agreed:
1. The parties hereto shall undertake and complete the PROJECT in accordance with
the terms of this contract.
2. The term "PROJECT COST", as herein used, is hereby defined as the cost of the
physical construction necessary for the completion of the PROJECT.
Costs for construction engineering and inspection incurred by the DEPARTMENT will be
charged 100 percent to the REQUESTING PARTY. Any other costs incurred by the
DEPARTMENT as a result of this contract will be at PROJECT COST.
The costs incurred by the REQUESTING PARTY for preliminary engineering, construction
engineering and inspection, and right-of-way are excluded from the PROJECT COST as defined by
this contract.
3. The DEPARTMENT is authorized by the REQUESTING PARTY to administer on
behalf of the REQUESTING PARTY all phases of the PROJECT including advertising and
awarding the construction contract for the PROJECT or portions of the PROJECT. Such
administration shall be in accordance with PART II, Section II of this contract.
Any items of the PROJECT COST incurred by the DEPARTMENT may be charged to the
PROJECT.
4. The REQUESTING PARTY, at no cost to the PROJECT or to the DEPARTMENT,
shall:
A. Design or cause to be designed the plans for the PROJECT.
B. Appoint a project engineer who shall be in responsible charge of the
PROJECT and ensure that the plans and specifications are followed.
C. Perform or cause to be performed the construction engineering and inspection
services necessary for the completion of the PROJECT.
09/06/90 STP.FOR 4/28/03 2
The REQUESTING PARTY will furnish the DEPARTMENT proposed timing sequences
for trunkline signals that, if any, are being made part of the improvement. No timing adjustments
shall be made by the REQUESTING PARTY at any trunkline intersection, without prior issuances
by the DEPARTMENT of Standard Traffic Signal Timing Permits.
5. The PROJECT COST shall be met in accordance with the following:
PART A
Federal Surface Transportation Funds shall be applied to the eligible items of the
PART A portion of the PROJECT COST at the established Federal participation ratio
equal to 81.85 percent up to an amount not to exceed $366,000. The balance of the
PART A portion of the PROJECT COST, after deduction of Federal Funds, shall be
charged to and paid by the REQUESTING PARTY in the manner and at the times
hereinafter set forth.
PARTB
The PART B portion of the PROJECT COST is not eligible for Federal participation
and shall be charged to and paid 100 percent by the REQUESTING PARTY in the
manner and at the times hereinafter set forth.
Any items of PROJECT COST not reimbursed by Federal Funds will be the sole
responsibility of the REQUESTING PARTY.
6. No working capital deposit will be required for this PROJECT.
In order to fulfill the obligations assumed by the REQUESTING PARTY under the
provisions of this contract, the REQUESTING PARTY shall make prompt payments of its share of
the PROJECT COST upon receipt of progress billings from the DEPARTMENT as herein provided.
All payments will be made within 30 days ofreceipt of billings from the DEPARTMENT. Billings
to the REQUESTING PARTY will be based upon the REQUESTING PARTY'S share of the actual
costs incurred less Federal Funds earned as the PROJECT progresses.
In the event of any discrepancies between PART I and PART II, the provisions of PART I
shall prevail.
7. Upon completion of construction of the PROJECT, the REQUESTING PARTY will
promptly cause to be enacted and enforced such ordinances or regulations as may be necessary to
prohibit parking in the roadway right-of-way throughout the limits of the PROJECT.
8. The performance of the entire PROJECT under this contract, whether Federally
funded or not, will be subject to the provisions and requirements of PART II that are applicable to
a Federally funded project.
09/06/90 STP.FOR 4/28/03 3
9. The REQUESTING PARTY certifies that a) it is a person under 1995 PA 71 and is
not aware of and has no reason to believe that the property is a facility as defined in MSA
13A.20101(1)(1); b) the REQUESTING PARTY further certifies that it has completed the tasks
required by MCL 324.20126 (3)(h); MSA 13A.20126(3)(h); c) it conducted a visual inspection of
property within the existing right of way on which construction is to be performed to determine if
any hazardous substances were present; and at sites on which historically were located businesses
that involved hazardous substances, it performed a reasonable investigation to determine whether
hazardous substances exist. This reasonable investigation should include, at a minimum, contact
with local, state and federal environmental agencies to determine if the site has been identified as,
or potentially as, a site containing hazardous substances; d) it did not cause or contribute to the
release or threat of release of any hazardous substance found within the PROJECT limits.
The REQUESTING PARTY also certifies that, in addition to reporting the presence of any
hazardous substances to the Department of Environmental Quality, it has advised the
DEPARTMENT of the presence of any and all hazardous substances which the REQUESTING
PARTY found within the PROJECT limits, as a result of performing the investigation and visual
inspection required herein. The REQUESTING PARTY also certifies that it has been unable to
identify any entity who may be liable for the cost of remediation. As a result, the REQUESTING
PARTY has included all estimated costs ofremediation of such hazardous substances in its estimated
cost of construction of the PROJECT.
I 0. If, subsequent to execution of this contract, previously unknown hazardous substances
are discovered within the PROJECT limits, which require environmental remediation pursuant to
either state or federal law, the REQUESTING PARTY, in addition to reporting that fact to the
Department of Environmental Quality, shall immediately notify the DEPARTMENT, both orally
and in writing of such discovery. The DEPARTMENT shall consult with the REQUESTING
PARTY to determine if it is willing to pay for the cost of remediation and, with the FHWA, to
determine the eligibility, for reimbursement, of the remediation costs~ The REQUESTING PARTY
shall be charged for and shall pay all costs associated with such remediation, including all delay
costs of the contractor for the PROJECT, in the event that remediation and delay costs are not
deemed eligible by the FHWA. If the REQUESTING PARTY refuses to participate in the cost of
remediation, the DEPARTMENT shall terminate the PROJECT. The parties agree that any costs
or damages that the DEPARTMENT incurs as a result of such termination shall be considered a
PROJECT COST.
11. If federal and/or state funds administered by the DEPARTMENT are used to pay the
cost ofremediating any hazardous substances discovered after the execution of this contract and if
there is a reasonable likelihood of recovery, the REQUESTING PARTY, in cooperation with the
Department of Environmental Quality and the DEPARTMENT, shall make a diligent effort to
recover such costs from all other possible entities. If recovery is made, the DEPARTMENT shall
be reimbursed from such recovery for the proportionate share of the amount paid by the FHWA
and/or the DEPARTMENT and the DEPARTMENT shall credit such sums to the appropriate
funding source.
09/06/90 STP.FOR 4/28/03 4
12. The DEPARTMENT'S sole reason for entering into this contract is to enable the
REQUESTING PARTY to obtain and use funds provided by the Federal Highway Administration
pursuant to Title23 of the United States Code.
Any and all approvals of, reviews of, and recommendations regarding contracts; agreements,
permits, plans, specifications, or documents, of any nature, or any inspections of work by the
DEPARTMENT or its agents pursuant to the terms of this contract are done to assist the
REQUESTING PARTY in meeting program guidelines in order to qualify for available funds. Such
approvals, reviews, inspections and recommendations by the DEPARTMENT or its agents shall not
relieve the REQUESTING PARTY and the local agencies, as applicable, of their ultimate control
and shall not be construed as a warranty of their propriety or that the DEPARTMENT or its agents
is assuming any liability, control or jurisdiction.
The providing ofrecommendations or advice by the DEPARTMENT or its agents does not
relieve the REQUESTING PARTY and the local agencies, as applicable of their exclusive
jurisdiction of the highway and responsibility under MCL 691.1402, MSA 3.996(102).
When providing approvals, reviews and recommendations under this contract, the
DEPARTMENT or its agents is performing a governmental function, as that term is defined in MCL
691.1401; MSA 3.996(101), which is incidental to the completion of the PROJECT.
13. The DEPARTMENT, by executing this contract, and rendering services pursuant to
this contract, has not and does not assume jurisdiction of the highway, described as the PROJECT
for purposes ofMCL 691.1402; MSA 3.996(102). Exclusive jurisdiction of such highway for the
purposes ofMCL 691.1402; MSA 3 .996(102) rest with the REQUESTING PARTY and other local
agencies having respective jurisdiction.
14. The REQUESTING PARTY shall approve all of the plans and specifications to be
used on the PROJECT and shall be deemed to have approved all changes to the plans and
specifications when put into effect. It is agreed that ultimate responsibility and control over the
PROJECT rests with the REQUESTING PARTY and local agencies, as applicable.
15. The REQUESTING PARTY agrees that the costs reported to the DEPARTMENT
for this contract will represent only those items that are properly chargeable in accordance with this
contract. The REQUESTING PARTY also certifies that it has read the contract terms ailcfhas made
itself aware of the applicable laws, regulations, and terms of this contract that apply to the reporting
of costs incurred under the terms of this contract.
16. The parties shall promptly provide comprehensive assistance and cooperation in
defending and resolving any claims brought against the DEPARTMENT by the contractor, vendors
or suppliers as a result of the DEPARTMENT'S award of the construction contract for the
PROJECT. Costs incurred by the DEPARTMENT in defending or resolving such claims shall be
considered PROJECT COSTS.
09/06/90 SIP.FOR 4/28/03 5
17. The DEPARTMENT shall require the contractor who is awarded the contract for the
construction of the PROJECT to provide insurance in the amounts specified and in accordance with
the DEPARTMENT'S current standard specifications for construction, and to:
A. Maintain bodily injury and property damage insurance for the duration of the
PROJECT.
B. Provide owner's protective liability insurance naming as insureds the State of
Michigan, the Michigan State Transportation Commission, the
DEPARTMENT and its officials, agents and employees, the REQUESTING
PARTY and any other party with jurisdiction for the roadway being
constructed as the PROJECT, and their employees, for the duration of the
PROJECT and to provide copies of certificates of insurance to the insureds.
It is understood that the DEPARTMENT does not assume jurisdiction of the
highway described as the PROJECT as a result of being named as an insured
on the owners protective liability insurance policy.
C. Comply with the requirements of notice of cancellation and reduction of
insurance set forth in the current standard specifications for construction and
to provide copies of notices and reports prepared to those insured.
09/06/90 STP.FOR 4/28/03 6
18. This contract shall become binding on the parties hereto and of full force and effect
upon the signing thereof by the duly authorized officials for the parties hereto and upon the adoption
of the necessary resolutions approving said contract and authorizing the signatures thereto of the
respective officials of the REQUESTING PARTY, a certified copy of which resolution shall be
attached to this contract.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
CITY OF MUSKEGON MICHIGAN DEPARTMENT
OF TRANSPORTATION
By_:td-~!,,d_~-!±::!.~~~~
------:c-:-.-·
fR~ED
:-
T/ 1>/.J
Title: City Clerk Gai Kundinger
GENERAL
___ _ ]'
09/06/90 SIP.FOR 4/28/03 7
April 28, 2003
EXHIBIT I
PROJECT STP 0361(020)
JOB NUMBER 56361
CONTROL SECTION STUL 61407
ESTIMATED COST
CONTRACTED WORK
PART A PARTB TOTAL
Estimated Cost $431,300 $27,800 $459,100
COST PARTICIPATION
GRAND TOTAL ESTIMATED COST $431,300 $27,800 $459,100
Less Federal Funds* $353,000 $ 0 $353,000
BALANCE (REQUESTING PARTY'S SHARE) $ 78,300 $27,800 $106,100
*Federal Funds shall be applied to the eligible items of the PART A portion of the PROJECT COST
at a participation ratio equal to 81.85 percent up to an amount not to exceed $366,000.
NO DEPOSIT
_.. -,,
09/06/90 SIP.FOR 4/29/03 8
. DOT TYPE B
BUREAU OF HIGHWAYS
03-15-93
PART II
STANDARD AGREEMENT PROVISIONS
SECTION I COMPLIANCE WITH REGULATIONS AND DIRECTIVES
SECTION II PROJECT ADMINISTRATION AND SUPERVISION
SECTION JIJ ACCOUNTING AND BILLING
SECTION IV MAINTENANCE AND OPERATION
SECTION V SPECIAL PROGRAM AND PROJECT CONDITIONS
1
SECTION I
COMPLIANCE WITH REGULATIONS AND DIRECTIVES
A. To qualify for eligible cost, all work shall be documented in accordance with the require-
ments and procedures of the DEPARTMENT.
B. All work on projects for which reimbursement with Federal funds is requested shall be
performed in accordance with the requirements and guidelines set forth in the following
Directives of the Federal-Aid Policy Guide (FAPG) of the FHW A. as applicable. and as
referenced in pertinent sections of Title 23 and Title 49 of the Code of Federal Regulations
(CFR), and all supplements and amendments thereto.
1. Engineering
a. FAPG (6012.1 ): Preliminary Engineering
b. FAPG (23 CFR 172): Administration of Engineering and Design Related
Service Contracts
c. FAPG (23 CFR 635A): Contract Procedures
d. FAPG (49 CFR 18.22): Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments-Allowable Costs
2. Construction
a. FAPG (23 CFR I 40E): Administrative Settlement Costs-Contract Claims
b. FAPG (23 CFR 140B): Construction Engineering Costs
c. FAPG (23 CFR 17): Recordkeepingand Retention Requirements for Federal-
Aid Highway Records of State Highway Agencies
d. FAPG (23 CFR 635A): Contract Procedures
e. FAPG (23 CFR 635B): Force Account Construction
f. FAPG (23 CFR 645A): Utility Relocations, Adjustments and Reimbursement
g. FAPG (23 CFR 645B): Accommodation of Utilities (PPM 30-4. 1)
03-15-93 2
h. FAPG (23 CFR 655F): Traffic Control Devices on Federal-Aid and other
Streets and Highways
1. FAPG (49 CFR 18.22):Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments-Allowable Costs
3. Modification Or Construction Of Railroad Facilities
a. FAPG (23 CFR 1401): Reimbursement for Railroad Work
b. FAPG (23 CFR 646B): Railroad Highway Projects
C. In conformance with FAPG (23 CFR 630C) Project Agreements, the political subdivisions
party to this contract, on those Federally funded projects which exceed a total cost of
$100,000.00 stipulate the following with respect to their specific jurisdictions:
I. That any facility to be utilized in performance under or to benefit from this contract
is not listed on the Environmental Protection Agency (EPA) List of Violating
Facilities issued pursuant to the requirements of the Federal Clean Air Act, as
amended, and the Federal Water Pollution Control Act, as amended.
2. That they each agree to comply with all of the requirements of Section 114 of the
Federal Clean Air Act and Section 308 of the Federal Water Pollution Control Act.
and all regulations and guidelines issued thereunder.
3. That as a condition of Federal aid pursuant to this contract they shall notify the
DEPARTMENT of the receipt of any advice indicating that a facility to be utilized
in performance under or to benefit from this contract is under consideration to be
listed on the EPA List of Violating Facilities.
D. Ensure that the PROJECT is constructed in accordance with and incorporates all committed
environmental impact mitigation measures listed in approved environmental documents
unless modified or deleted by approval of the FHWA.
E. All the requirements, guidelines, conditions and restrictions noted in all other pertinent
Directives and Instructional Memoranda of the FHW A will apply to this contract and will
be adhered to, as applicable, by the parties hereto.
03-15-93 3
SECTION II
PROJECT ADMINISTRATION AND SUPERVISION
A The DEPARTMENT shall provide such administrative guidance as it determines is required
by the PROJECT in order to facilitate the obtaining of available federal and/or state funds.
B. The DEPARTMENT will advertise and award all contracted portions of the PROJECT work.
Prior to advertising of the PROJECT for receipt of bids, the REQUESTING PARTY may
delete any portion or all of the PROJECT work. After receipt of bids for the PROJECT. the
REQUESTING PARTY shall have the right to reject the amount bid for the PROJECT prior
to the award of the contract for the PROJECT only if such amount exceeds by twenty percent
(20%) the final engineer's estimate therefor. If such rejection of the bids is not received in
\vTiting within two (2) weeks after letting, the DEPARTMENT will assume concurrence.
The DEPARTMENT may, upon request, readvertise the PROJECT. Should the REQUEST-
ING PARTY so request in v.Titing within the aforesaid two (2) week period after letting. the
PROJECT will be cancelled and the DEPARTMENT will refund the unused balance of the
deposit less all costs incurred by the DEPARTMENT.
C. The DEPARTMENT will perform such inspection services on PROJECT work performed
by the REQUESTING PARTY with its own forces as is required to ensure compliance with
the approved plans & specifications.
D. On those projects funded with Federal monies, the DEPARTMENT shall as may be required
secure from the FHWA approval of plans and specifications, and such cost estimates for
FHW A participation in the PROJECT COST.
E. All work in connection with the PROJECT shall be performed in conformance with the
Michigan Department of Transportation Standard Specifications for Construction, and the
supplemental specifications, Special Provisions and plans pertaining to the PROJECT and
all materials furnished and used in the construction of the PROJECT shall conform to the
aforesaid specifications. No extra work shall be performed nor changes in plans and
specifications made until said work or changes are approved by the project engineer and
authorized by the DEPARTMENT.
03-15-93 4
F. Should it be necessary or desirable that portions of the work covered by this conuact be
accomplished by a consulting firm. a railway company. or governmental agency. firm.
person. or corporation, under a subcontract with the REQUESTING PARTY at PROJECT
expense, such subcontracted arrangements will be covered by formal v.Titten agreement
between the REQUESTING PARTY and that party.
This formal wrinen agreement shall: include a reference to the specific prime contract to
which it pertains; include provisions which clearly set forth the maximum reimbursable and
the basis of payment; provide for the maintenance of accounting records in accordance with
generally accepted accounting principles, which clearly document the actual cost of the
services provided; provide that costs eligible for reimbursement shall be in accordance with
clearly defined cost criteria such as 49 CFR Part 18. 48 CFRPart 3 I, 23 CFR Part 140. 0MB
Circular A-87, etc. as applicable; provide for access to the department or its representatives
to inspect and audit all data and records related to the agreement for a minimum of three
years after the department's final payment to the local unit.
All such agreements will be submitted for approval by the DEPARTME>IT and. if
applicable, by the FHWA prior to execution thereof, except for agreements for amounts less
than $25,000 for preliminary engineering and testing services executed under and in accor-
dance with the provisions of the "Small Purchase Procedures" FAPG (23 CFR 172). which
do not require prior approval of the DEPARTMENT or the FHWA.
Any such approval by the DEPARTMENT shall in no way be construed as a warranty of the
subcontractor's qualifications, financial integrity, or ability to perform the work being
subcontracted.
G. The REQUESTING PARTY, at no cost to the PROJECT orthe DEPARTMENT. shall make
such arrangements with railway companies, utilities, etc., as may be necessary for the
performance of work required for the PROJECT but for which Federal or other
reimbursement will not be requested.
H. The REQUESTING PARTY, at no cost to the PROJECT. or the DEPARTMENT, shall
secure, as necessary, all agreements and approvals of the PROJECT with railway companies,
the Railroad Safety & Tariffs Division of the DEPARTMENT and other concerned
governmental agencies other than the FHWA, and will forward same to the DEPARTMENT
for such reviews and approvals as may be required.
I. No PROJECT work for which reimbursement will be requested by the REQUESTING
PARTY is to be subcontracted or performed until the DEPARTMENT gives written
notification that such work may commence.
03-15-93 5
J. The REQUESTING PARTY shall be responsible for the payment of all costs and expenses
incurred in the performance of the work it agrees to undertake and perform.
K. The REQUESTING PARTY shall pay directly to the party performing the work all billings
for the services performed on the PROJECT which are authorized by or through the
REQUESTING PARTY.
L. The REQUESTING PARTY shall submit to the DEPARTMENT all paid billings for which
reimbursement is desired in accordance with DEPARTMENT procedures.
M. All work by a consulting firm will be performed in compliance with the applicable
provisions of 1980 PA 299, Subsection 2001, MCL 339.2001; MSA 18.425(200 I). as well
as in accordance with the provisions of all previously cited Directives of the FH\\'A.
N. The project engineer shall be subject to such administrative guidance as may be deemed
necessary to ensure compliance with program requirement and. in those instances where a
consultant firm is retained to provide engineering and inspection services. the personnel
performing those services shall be subject to the same conditions.
0. The DEPARTMENT, in administering the PROJECT in accordance with applicable Federal
and State requirements and regulations, neither assumes nor becomes liable for any obliga-
tions undertaken or arising between the REQUESTING PARTY and any other party v.,ith
respect to the PROJECT.
P. In the event it is determined by the DEPARTMENT that there will be either insufficient
Federal funds or insufficient time to properly administer such funds for the entire PROJECT
or portions thereof, the DEPARTMENT, prior to advertising or issuing authorization for
work performance, may cancel the PROJECT, or any portion thereof. and upon written
notice to the parties this contract shall be void and of no effect with respect to that cancelled
portion of the PROJECT. Any PROJECT deposits previously made by the parties on the
cancelled portions of the PROJECT will be promptly refunded.
Q. Those projects funded with Federal monies will be subject to inspection at all times by the
DEPARTMENT and the FHWA.
03-15-93 6
SECTION III
ACCOUNTING AND BILLING
A. -
Procedures for billing for work undertaken bv
. the REQUESTING PARTY:
I. The REQUESTING PARTY shall establish and maintain accurate records. in
accordance with generally accepted accounting principles, of all expenses incurred
for which payment is sought or made under this contract. said records to be
hereinafter referred to as the "RECORDS". Separate accounts shall be established
and maintained for all costs incurred under this contract.
The REQUESTING PARTY shall maintain the RECORDS for at leastthree(3)years
from the date of final payment of Federal Aid made by the DEPARTMENT under
this contract. In the event of a dispute with regard to the allowable expenses or any
other issue under this contract, the REQUESTING PARTY shall thereafter continue
to maintain the RECORDS at least until that dispute has been finally decided and the
time for all available challenges or appeals of that decision has expired.
The DEPARTMENT, or its representative, may inspect, copy, or audit the
RECORDS at any reasonable time after giving reasonable notice.
If any part of the work is subcontracted, the REQUESTING PARTY shall assure
compliance with the above for all subcontracted work.
In the event that an audit performed by or on behalf of the DEPARTMENT indicates
an adjustment to the costs reported under this contract, or questions the allowability
of an item of expense, the DEPARTMENT shall promptly submit to the
REQUESTING PARTY, a Notice of Audit Results and a copy of the audit report
which may supplement or modify any tentative findings verbally communicated to
the REQUESTING PARTY at the completion of an audit.
Within sixty (60) days after the date of the Notice of Audit Results, the
REQUESTING PARTY shall: (a) respond in writing to the responsible Bureau or the
DEPARTMENT indicating whether or not it concurs with the audit report, (b) clearly
explain the nature and basis for any disagreement as to a disallowed item of expense
and, (c) submit to the DEPARTMENT a written explanation as to any questioned or
no opinion expressed item of expense, hereinafter referred to as the "RESPONSE".
The RESPONSE shall be clearly stated and provide any supporting documentation
necessary to resolve any disagreement or questioned or no opinion expressed item of
expense. Where the documentation is voluminous, the REQUESTING PARTY may
supply appropriate excerpts and make alternate arrangements to conveniently and
03-15-93 7
reasonably make that documentation available for review by the DEPARTME!',;T.
The RESPONSE shall refer to and apply the language of the contract. Th~
REQUESTING PARTY agrees that failure to submit a RESPONSE within the sixty
(60) day period constitutes agreement with any disallowance of an item of expense
and authorizes the DEPARTMENT to finally disallow any items of questioned or no
opinion expressed cost.
The DEPARTMENT shall make its decision with regard to any Notice of Audit
Results and RESPONSE within one hundred twenty (120) days after the date of the
Notice of Audit Results. If the DEPARTMENT determines that an overpayment has
been made to the REQUESTING PARTY, the REQUESTING PARTY shall repay
that amount to the DEPARTMENT or reach agreement with the DEPARTMENT on
a repayment schedule within thirty (30) days after the date of an invoice from the
DEPARTMENT. If the REQUESTING PARTY fails to repay the overpayment or
reach agreement with the DEPARTMENT on a repayment schedule within the thirty
(30) day period, the REQUESTING PARTY agrees that the DEPARTMENT shall
deduct all or a portion of the overpayment from any funds then or thereafter payable
by the DEPARTMENT to the REQUESTING PARTY under this contract or any
other agreement, or payable to the REQUESTING PARTY under the terms of 1951
PA 51, as applicable. Interest will be assessed on any partial payments or repayment
schedules based on the unpaid balance at the end of each month until the balance is
paid in full. The assessment of interest will begin thirty (30) days from the date of
the invoice. The rate of interest will be based on the Michigan Department of
Treasury common cash funds interest earnings. The rate of interest will be reviewed
annually by the DEPARTMENT and adjusted as necessary based on the Michigan
Department of Treasury common cash funds interest earnings. The REQUESTING
PARTY expressly consents to this withholding or offsetting of funds under those
circumstances, reserving the right to file a lawsuit in the Court of Claims to contest
the DEPARTMENT'S decision only as to any item of expense the disallowance of
which was disputed by the REQUESTING PARTY in a timely filed RESPONSE.
The REQUESTING PARTY shall comply with the Single Audit Act of 1984, P.L.
98-502.
The REQUESTING PARTY shall adhere to the following requirements·asscidated
with audits of accounts and records:
a. Agencies expending a total of $300,000 or more in federal funds, from one or
more funding sources in its fiscal year, shall comply with the requirements of the
federal Office of Management and Budget (0MB) Circular A-133. as revised or
amended.
03-15-93 8
The agency shall submit two copies of:
The Reporting Package
The Data Collection Form
The management letter to the agency, if one issued by the audit firm
The 0MB Circular A-133 audit must be submined to the address below m
accordance with the time frame established in the circular, as revised or amended.
b. Agencies expending less than $300,000 in federal funds must submit a letter to
the Department advising that a circular audit was not required. The letter shall
indicate the applicable fiscal year, the amount of federal funds spent. the name(s) of
the Department federal programs, and the CFDA grant number(s). This information
must also be submitted to the address below.
c. Address: Michigan Department of Transportation
Bureau of Highways Technical Services
425 W. Ottawa, P.O. Box 30050
Lansing, Ml 48909
d. Agencies must also comply with applicable State laws and regulations relative to
audit requirements.
e. Agencies shall not charge audit costs to Department's federal programs which are
not in accordance with the 0MB Circular A-133 requirements.
f. All agencies are subject to the federally required monitoring activities, which may
include limited scope reviews and other on-site monitoring.
2. Agreed Unit Prices Work -All billings for work undertaken by the REQUESTING
PARTY on an agreed unit price basis will be submined in accordance with the
Michigan Department ofTransportation Standard Specifications for Construction and
pertinent FAPG Directives and Guidelines of the FHW A.
3. Force Account Work and Subcontracted Work , All billings submitted fo the
DEPARTMENT for Federal reimbursement for items of work performed on a force
account basis or by any subcontract with a consulting firm, railway company,
governmental agency or other party, under the terms of this contract, shall be
prepared in accordance with the provisions of the pertinent FHPM Directives and the
procedures of the DEPARTMENT. Progress billings may be submitted monthly
during the time work is being performed provided, however, that no bill of a lesser
amount than $1,000.00 shall be submitted unless it is a final or end of fiscal year
billing. All billings shall be labeled either "Progress Bill Number _ _ _ ", or
"Final Billing".
03-15-93 9
4. Final billing under this contract shall be submitted in a timely manner but not later
than six months after completion of the work. Billings for work submitted later than
six months after completion of the work will not be paid.
5. Upon receipt of billings for reimbursement for work undertaken by the
REQUESTING PARTY on projects funded with Federal monies. the
DEPARTMENT will act as billing agent for the REQUESTING PARTY.
consolidating said billings with those for its O\\TI force account work and presenting
these consolidated billings to the FHW A for payment. Upon receipt of
reimbursement from the FHWA, the DEPARTMENT will promptly forward to the
REQUESTING PARTY its share of said reimbursement.
6. Upon receipt of billings for reimbursement for work undertaken by the
REQUESTING PARTY on projects funded with non-Federal monies. the
DEPARTMENT will promptly forward to the REQUESTING PARTY
reimbursement of eligible costs.
B. Payment of Contracted and DEPARTMENT Costs:
I. As work on the PROJECT commences, the initial payments for contracted work
and/or costs incurred by the DEPARTMENT will be made from the working capital
deposit. Receipt of progress payments of Federal funds, and where applicable, State
Critical Bridge funds, will be used to replenish the working capital deposit. The
REQUESTING PARTY shall make prompt payments of its share of the contracted
and/or DEPARTMENT incurred portion of the PROJECT COST upon receipt of
progress billings from the DEPARTMENT. Progress billings will be based upon the
REQUESTING PARTY'S share of the actual costs incurred as work on the
PROJECT progresses and will be submitted, as required, until it is determined by
the DEPARTMENT that there is sufficient available working capital to meet the
remaining anticipated PROJECT COSTS. All progress payments will be made
within thirty (30) days of receipt of billings. No monthly billing of a lesser amount
than $1,000.00 will be made unless it is a final or end of fiscal year billing. Should
the DEPARTMENT determine that the available working capital exceeds the
remaining anticipated PROJECT COSTS, the DEPARTMENT may reimburse the
REQUESTING PARTY such excess. Upon completion of the PROJECT, payment
of all PROJECT COSTS, receipt of all applicable monies from the FHW A, and
completion of necessary audits, the REQUESTING PARTY will be reimbursed the
balance of its deposit.
03-15-93 10
2. In the event that the bid. plus contingencies. for the contracted. and/or the
DEPARTMENT incurred portion of the PROJECT work exceeds the estimated cost
therefor as established by this contract. the REQUESTING PARTY may be advised
and billed for the additional amount of its share.
C. General Conditions:
I. The DEPARTMENT, in accordance with its procedures in existence and covering
the time period involved, shall make payment for interest earned on the balance of
working capital deposits for all projects on account with the DEPARTMENT. The
REQUESTING PARTY in accordance with DEPARTMENT procedures in existence
and covering the time period involved, shall make payment for interest owed on any
deficit balance of working capital deposits for all projects on account with the
DEPARTMENT. This payment or billing is processed on an annual basis
corresponding to the State of Michigan fiscal year. Upon receipt of billing for
interest incurred, the REQUESTING PARTY promises and shall promptly pay the
DEPARTMENT said amount.
2. Pursuant to the authority granted by law, the REQUESTING PARTY hereby
irrevocably pledges a sufficient amount of funds received by it from the Michigan
Transportation Fund to meet its obligations as specified in PART I and PART II. If
the REQUESTING PARTY shall fail to make any of its required payments when
due, as specified herein, the DEPARTMENT shall immediately notify the
REQUESTING PARTY and the State Treasurer of the State of Michigan or such
other state officer or agency having charge and control over disbursement of the
Michigan Transportation Fund, pursuant to law. of the fact of such default and the
amount thereof, and, if such default is not cured by payment within ten ( I 0) days.
said State Treasurer or other state officer or agency is then authorized and directed
to withhold from the first of such monies thereafter allocated by law to the
REQUESTING PARTY from the Michigan Transportation Fund sufficient monies
to remove the default, and to credit the REQUESTING PARTY with payment
thereof, and to notify the REQUESTING PARTY in writing of such fact.
3. Upon completion of all work under this contract and final audit by the
DEPARTMENT or the FHW A, the REQUESTING PARTY promises to promptly
repay the DEPARTMENT for any disallowed items of costs previously disbursed by
the DEPARTMENT. The REQUESTING PARTY pledges its future receipts from
the Michigan Transportation Fund for repayment of all disallowed items and. upon
failure to make repayment for any disallowed items within ninety (90) days of
demand made by the DEPARTMENT, the DEPARTMENT is hereby authorized to
withhold an equal amount from the REQUESTING PARTY'S share of any future
distribution of Michigan Transportation Funds in settlement of said claim.
03-15-93 11
4. The DEPARTMENT shall maintain and keep accurate records and accounts relati, e
to the cost of the PROJECT and upon completion of the PROJECT. payment of all
items of PROJECT COST, receipt of all Federal Aid. if any. and completion of final
audit by the DEPARTMENT and if applicable. by the FHW A. shall make final
accounting to the REQUESTING PARTY. The final PROJECT accounting will not
include interest earned or charged on working capital deposited for the PROJECT
which will be accounted for separately at the close of the State of Michigan fiscal
vear and as set forth in Section C(I ).
5. The costs of engineering and other services performed on those projects invoh·ing
specific program funds and one hundred percent (I 00%) local funds "·ill be appor-
tioned to the respective portions of that project in the same ratio as the actual direct
construction costs unless otherwise specified in PART I.
03-15-93 12
SECTION IV
MAINTENANCE AND OPERATION
A. Upon completion of construction of each part of the PROJECT. at no cost to the
DEPARTMENT or the PROJECT. each of the parties hereto. within their respective
jurisdictions, will make the following provisions for the maintenance and operation of the
completed PROJECT:
1. All Projects:
Properly maintain and operate each part of the project. making ample provisions each
year for the performance of such maintenance work as may be required. except as
qualified in paragraph 2b of this section.
2. Projects Financed in Part with Federal Monies:
a. Sign and mark each part of the PROJECT, in accordance with the current
Michigan Manual of Uniform Traffic control Devices. and will not install. or
permit to be installed, any signs, signals or markings not in conformance with
the standards approved by the FHWA, pursuant to 23 USC I 09( d).
b. Remove, prior to completion of the PROJECT, all encroachments from the
roadway right-of-way within the limits of each part of the PROJECT.
With respect to new or existing utility installations within the right-of-way
of Federal Aid projects and pursuant to FAPG (23 CFR 645B): Occupancy
of non-limited access right-of-way may be allowed based on consideration for
traffic safety and necessary preservation of roadside space and aesthetic
quality. Longitudinal occupancy of non-limited access right-of-way by
private lines will require a finding of significant economic hardship, the
unavailability of practicable alternatives or other extenuating circumstances.
C. Cause to be enacted, maintained and enforced, ordinances and re·gulations for
proper traffic operations in accordance with the plans of the PROJECT.
d. Make no changes to ordinances or regulations enacted, or traffic controls
installed in conjunction with the PROJECT work without prior review by the
DEPARTMENT and approval of the FHWA, if required.
03-15-93 13
B. On projects for the removal of roadside obstacles. the panies. upon completion of
construction of each pan of the PROJECT. at no cost to the PROJECT or the
DEPARTMENT. will, within their respective jurisdictions. take such action as is necessary
to assure that the roadway right-of-way, cleared as the PROJECT. will be maintained free
of such obstacles.
C. On projects for the construction of bikeways. the parties will enact no ordinances or
regulations prohibiting the use of bicycles on the facility hereinbefore described as the
PROJECT, and will amend any existing restrictive ordinances in this regard so as to allow
use of this facility by bicycles. No motorized vehicles shall be permitted on such bikeways
or walkways constructed as the PROJECT except those for maintenance purposes.
D. Failure of the panies hereto to fulfill their respective responsibilities as outlined herein may
disqualify that party from future Federal-aid participation in projects on roads or streets for
which it has maintenance responsibility. Federal Aid may be withheld until such time as
deficiencies in regulations have been corrected. and the improvements constructed as the
PROJECT are brought to a satisfactory condition of maintenance.
03-15-93 14
SECTION V
SPECIAL PROGRAM AND PROJECT CONDITIONS
A. Those projects for which the REQUESTING PARTY has been reimbursed with Federal
monies for the acquisition of right-of-way must be under construction by the close of the
twentieth (20th) fiscal year following the fiscal year in which the FH\\'A and the
DEPARTMENT projects agreement covering that work is executed. or the REQUESTING
PARTY may be required to repay to the DEPARTMENT. for forwarding to the FHWA. all
monies distributed as the FHWA'S contribution to that right-of-way.
B. Those projects for which the REQUESTING PARTY has been reimbursed with Federal
monies for the performance of preliminary engineering must be under construction by the
close of the tenth ( I 0th) fiscal year following the fiscal year in which the FHW A and the
DEPARTMENT projects agreement covering that work is executed, or the REQUESTING
PARTY may be required to repay to the DEPARTMENT, for forwarding to the FHWA. all
monies distributed as the FHW A'S contribution to that preliminary engineering.
C. On those projects funded with Federal monies, the REQUESTING PARTY, at no cost to the
PROJECT orthe DEPARTMENT, will provide such accident information as is available and
such other information as may be required under the program in order to make the proper
assessment of the safety benefits derived from the work performed as the PROJECT. The
REQUESTING PARTY will cooperate with the DEPARTMENT in the development of
reports and such analysis as may be required and will, when requested by the
DEPARTMENT, forward to the DEPARTMENT, in such form as is necessary, the required
information.
D. In connection with the performance of PROJECT work under this contract the parties hereto
(hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the State
of Michigan provisions for "Prohibition of Discrimination in State Contracts". as set forth
in Appendix A, attached hereto and made a part hereof. The parties further covenant that
they will comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as
amended, being Title 42 U.S.C. Sections 1971, l 975a-l 975d, and 2000a-2000h-6 and the
Regulations of the United States Department of Transportation (49 C.F.R. Part 21) issued
pursuant to said Act, including Appendix "B", attached hereto and made a part hereot, and
will require similar covenants on the part of any contractor or subcontractor employed in the
performance of this contract.
E. The parties will carry out the applicable requirements of the DEPARTMENT'S
Disadvantaged Business Enterprise (DBE) program and 49 CFR, Part 26, including, but not
limited to, those requirements set forth in Appendix C.
03-15-93 15
APPENDIX A
PROHIBITION OF DISCRIMINATION IN ST ATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
1. In accordance with Act No . ..i53, Public Acts of 1976, the contractor hereby agrees not to discriminate against an employee
or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or as a matter
directly or indirectly related to employment, because of race, color, religion, national origin, age. sex. height, weight. or
marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of
1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect lo
hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment,
because of a disability that is unrelated to the individual's ability to perform the duties of a particular job or position.
A breach of the above covenants shall be regarded as a material breach of this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work seJ forth in
this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section I of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and employees are treated without
regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated
to the individual's ability to perform the duties ofa particular job or position. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination: rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalfofthe contractor, state that
all qualified applicants wilJ receive consideration for employment without regard to race, color, religion, national origin,
age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the duties of a
particular job or position.
5. The contractor or his collective bargaining representative will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union
or workers' representative of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
Rights Commission which may be in effect prior to the taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Michigan
Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and employment
statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to his books,
records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of investigation to ascertain
compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not
complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order
based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which·Administrative
Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible for
future contracts with the state and its political and civil subdivisions, departments, and officers, and including the
governing boards of institutions of higher education, until the contractor complies with said order of the Civil Rights
Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the
contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Civil Rights
Commission in which cancellation of an existing contract is a possibility, the contracting agency shall be notified of such
possible remedy and shall be given the option by the Civil Rights Commission to participate in such proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (I) through (8) in
every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller. March, 1998
(Re,. 03/92)
APPENDIX B
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
I. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally assisted programs of the Department of Transportation, Title ~9. Code
of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter referred to as
the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall
not discriminate on the groupds of race, color, or natural origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in Appendix
B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each potential subcontractor
or supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto,3nd shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Michigan Department of
Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such
Regulations or directives. Where any information required ofa contractor is in the exclusive possession
of another who fails or refuses to furnish this information, the contractor shall so certify to the Michigan
Department of Transportation, or the Federal Highway Administration as appropriate, and shall set
forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Michigan Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
(a) Withholding of payments to the contractor under the contract until the contractor complies,
and/or
(b) Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs J through 6 of
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect
to any subcontract or procurement as the Michigan Department of Transportation or the Federal
Highway Administration may direct as a means of enforcing such provisions including sanctions for non-
compliance; provided, however, that in the event a contractor becomes involved in,or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request the
Michigan Department of Transportation to enter into such litigation to protectthe interests of the State,
and, in addition, the contractor may request the United States to enter into such litigation to protect the
interests of the United States.
APPENDJXC
TO BE INCLUDED IN ALL FINANCIAL ASSISTANCE
AGREEMENTS WITH LOCAL AGENCIES
Assurance that Recipients and Contractors Must Make
(Excerpts from US DOT Regulation 49 CFR 26.13)
A. Each financial assistance agreement signed with a DOT operating administration (or
a primary recipient) must include the following assurance:
The recipient shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of any US
DOT-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The recipient
shall take all necessary and reasonable steps under 49 CFR Part
26 to ensure nondiscrimination in the award and administration
of US DOT-assisted contracts. The recipient's DBE program, as
required by 49 CFR Part 26 and as approved by US DOT, is
incorporated by reference in this agreement. Implementation of
this program is a legal obligation and failure to carry out its
terms shall be treated as a violation of this agreement. Upon
notification to the recipient of its failure to carry out its approved
program, the department may impose sanctions as provided for
under Part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
B. Each contract MDOT signs with a contractor (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
The contractor, sub recipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of US DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate.
Date: June 24, 2003
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Fireworks Display - Commodores Concert
SUMMARY OF REQUEST: Management Associates, Inc., is requesting
approval of a fireworks display permit for June 28, 2003, during the
Commodores performance at the Muskegon Summer Celebration. Fire
Marshall Metcalf has reviewed the request and recommends approval
contingent on inspection of the fireworks. The insurance coverage has
been approved.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks.
~ . PALLET SLATSR ~ ~991536 .
AC.ORD,. CERTIFICATE OF LIABILITY INSURANCE 0...1• (dAIA;tEi,iVVY,,)
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tYu -~stood and The 1ty ot IIUsugOn ""d all '" •cted IUld appointe, all vo u•tMrs.
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1111 IIOaN of eon,.,lsJianers as authorized and their bool"II, cq,lo)'l>CII and volu•toe••• tl,a Ciollnty
bf Mmkegon, the Kuskegon Sunnier Q!id,r3tion, their _,D)'el!S and w1unteers and l'IIIC$! :tm:.
~b• Mol'id1an Entorta.1nmant Group, its off1C•rs "'1d ...,1_s ackliiion~l ,ns••ed• •• arc"""""'••
~eopect tile c_...tores concert on June 28. 200~
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ACORD 25 (2')()1103)
·-· V M.CiORD CORPORATION 1968
l
SS68-lS2 llS ~a • •l • eo et unr
2003-50 ( C)
PERMIT
FOR FIREWORKS DISPLAY
Act 358, P.A. 1968
This permit is not transferable. Possession of this permit by the herein named person will
authorize him to possess, transport and display fireworks in the amounts, for the purpose, and
at the place listed below only.
TYPE OF DISPLAY: (x) PUBLIC DISPLAY ( ) AGRICULTURAL PEST CONTROL
ISSUED TO:
NAME
ADDRESS AGE
1920 Benson Ave. St. Paul, MN. 38yrs.
REPRESENTING
MANAGEMENT ASSOCIATES INC,
NA.'v!E OF ORGA.'llZATION, GROUP, f!R.\,f OR CORPORATION
MANAGEMENT ASSOCIATES INC.
ADDRESS
J92Q Benson Ave., St. Paul, MN
NUMBER & TYPES OF FIREWORKS:
See Attached
DISPLAY:
EXACT LOCATION
Heritage Park Lanaing
CITY, VILLAGE, TOWNSHIP DATE TIME
June 28, 2003 9PM - 11PM
BOND OR rNSURANCE FILED: ( it YES () NO AMOUNT1,ooo,ooo.oo
ISS!/ED BY·
Issued by action of the MJJSKEGON CITY COMMISSION
(co1,111cil, commiuion, boalcl)
ofrhe CITY of MUSKEGON
(J1¥ftll\ltc & po1itton of,;.ouncil, ~mmiSJion or baud repreimur.ivc)
.2:Sl 724 41 ·ta P- .. 0.2.
FM-32( 12•61t,
APPLICATION
FOR FIREWORKS DISPLAY PERMIT OATP OP APl'\.ICATIOH
Act 358, P.A. 1968 I /'. -/":?-03
1. PVROl'ICIIMIC Ol'l!AATOR
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4, NQM,RESIDlltNT Afll"LICAMY
!i. l!!XAC't L.OCATto-6 o .. ""°'"OSll:!O ou,,. ..A'V I
4. N\IMl?l,l!:R ANO 1(1NOs. OF p;1RC'ff'ORK1 TO BE DISPLAYED • '
---····'
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, ........... ...... -···---········••'' '···---
,
9968-l92 ll9 dao•Lo eo er unr
rr- •••-•••••- "'"••H~
25.4.3. Cables shall be provided by PURCHASER to reach within,one hundred (100') fool of upstage
right or left. N<'>IJlrol ond iiround cobles MUST be the $Ome iize as the hot cables. Cables shall
,, ";
,; be sized such lhol voltage drop across coble Is less than !h(ee (3) volts of above fisted loads.
r 25.4.4. An operator/repairman to operate generator shall be s4ppllod by PURCHASER from rigging
coll uni! dlsconnecf at conclusiOn of show. Fuel for sixteen (16) hOUI$ shall be supplied with
generotor.
26. PYROTECHNICS
ARTIST utiliZes pyro throughout their live performance. This is on integral port of the show and every
attempt should be mode to facilitate Its uso.
2<,. l. Civic reg"1otions vary greatly from country to country, stale to ~tote, and city to city. In the United
:States, city or county authorities may require a permit. Pyrotechnic permits vary In cost from no
charge to a nominal fca. The local lire deportment is usually tho organization !ho! will issue the
permit. If is !he responsibility of the PURCHASER to crronge and ppy for the permit.
;>6.2. In mos! m1.micipolitiOS !he Fire Marshal will reqvire o "Tes!" tiring, i.e. samples of the effects to be
used during tho performance ar0 detonated for !he local authority to verity their usage with respect
to tl'le porticulor venue. There mc,y be a charge for tl'le fire Deportment's representative to alfend
this "Test" filing. If requ~ed. PURCHASER is to arrange and pay for the site inspection. ThiS "Test" firing
should normally bo schodulad for 3:00PM on the day of perlormanco. Please conllrm this lime with
PRODUCER'S Production Manager.
26,3. PRODUCER provides its Pyrotechnician at no charge to the PUR.CHASER, however ii the local
authority requires o locally licensed, certified, and bonded Pyrotechnicion "Shooter'" to be on hond
during the preparation of the effects, the "Test" firing, and the performance. PURCHASER must
arrange and pay tor tho local "Shooter".
26.4. PRODUCER"$ pyrotechnic equipment and supplies are manutcctured by:
Luna-Tech, Inc, Ph: 256-7?.5-4224
l 48 Moon Drive Fox: 256-725-48 I 1
Owens Crossroods, Al 35763
?.6.5, listed below om tho typos of pyrotechnic effects usod in AR1sr:s performance:
EFFECT NAME J,,Qf,Q e,J)B_AL VIS_lJhl. Et,LLOl]T
A Airburst 1/l0 Oz Soft "Pop" 5' to JO' bright loll of Minimal
silver sparkles, 2 seconds 4' radius
B Puff Po! 1/2 Oz Solt "Poor' Bright l second red flash None
roI1<;,wed by o pvrr or
smC!>ke
C Concussion J/20i Loud "Cannon" Bright while nosh, 6' high None
Mortar x 6':wide, 1/4 seconds
D Slow Sparkle Pots 3/80z Soll "Whoosh" Fountain of wt,ite sparkles, None
15' 'high. ?. seconds
E Fountain Gerbs Pre-Loaded Soft ;'Hiss" "Bush'' shaped sparkle. 10' to IS'
15' high x 8' wide, clearance
lO~econds
F Waterfall Pre-Loaded Soft "Whoosh" "Bu~h" shaped sparkle, 3' to5'
3?. charges 20' ilrop x 3' wide, clearance
on 12" ctn; 10 seconds
/VJ r.1, '\O,", Q...,....,...,. l C" ....,,i: I"\ J , ... :.1.: -·'
S9B8-l9c llS ola • •lO eo et unr
,V),.,\;iA_Gf1-.-•.E"-tl ASSOClA'l'.'fS. INC rte: C SET A
CONCUSS! ON (Ci Ci, FLO~. ScO,V s,;;i,.-QE (0) CN \lRPfff,;G (5'6')
19201lENSCNAVE PYRO SYMBOL KE'/'· -
-0i!~I.=~~~--~--------•-
Oo!o: lV07/%
ST?AU~ MN $5116-3,W RE!'r. C8/26/0l
....
"-
i
)
j
P~:651-699-1155
COMMODORES 2001 STAGE A
Fox: -1536 ~4'Y,J~~ :E0 ~ml= 1:~
0
[ID
OTY TYPE
21 K.'uidelines. In accordance with
this law, the policy of City of Muskegon to release all information in a manner, which
does not jeopardize the city or any others, involved. This shall be done through the
designated FOIA representative (Lee Slaughter)
The city will provide information on matters of public concern to the public through the
news media .. By doing so a mutually beneficial relationship of trust, cooperation and
respect can be maintained.
Information will be released to the media without partiality.
8
WHAT CONSTITUTES A CRISIS?
A crisis is any incident that can potentially create significant controversy or negative
public opinion and can adversely affect our organization's ability to function in its
normal fashion.
An incident does not have to involve deaths, injuries or property damage to be a crisis. In
the event of a "disaster" ( varying degrees) - in which casualties from either external or
internal sources cannot be dealt with under normal operating circumstances - The
Emergency Management Team will always be activated.
Potential crises include:
(1) Disaster such as a tornado, fire, explosion, airplane crash, train derailment,
automobile/bus accident, terrorist attack, etc.
(2) Fire, explosion, chemical (or radiation) release, building collapse. Situation
leading to evacuation of part or all of the building. Power system or computer
system failure.
(3) Allegation of sexual harassment, racial discrimination, etc. Drug abuse by
employees.
(4) Hostage, shooting, poisoning, murder, (infant) kidnapping, robbery, rape, etc., on
city property, or by a city employee.
(5) Investigation by regulatory or law enforcement agency.
(6) Protests, demonstrations against the City
9
COMMUNICATIONS CHAIN OF COMMAND
• First person notified shall be the City Manager.
• The City Manager or his/her designee will contact the Mayor and City Commission.
• Dependent upon the Event, the City Manager or his/her designee will contact the
appropriate Department Head or Supervisor.
• Dependent upon the Crisis the City Manager or his/her designee will communicate
with City Employees
• Public Information Officer or his/her designee will contact the media.
• A spokesperson will be identified in each situation with a contact number. All calls
will be forwarded to the designated spokesperson.
• City Manager or his/her designee will have a prepared statement for the media and
will call a press conference if necessary.
RESPONSIBILITY:
A. City Manager, Mayor, Commission and Public Relations staff shall
receive a copy of any news releases.
B. Media inquiries received by any city personnel shall be referred to the
proper person(s). (Mayor, City Manager or their designee)
C. Media request for information addressing policy and procedure shall be
referred to the proper city official. (Mayor, City Manager or their
designee)
D. Key employees shall be notified of who the spokesperson is and how to
reach the spokesperson.
All necessary contacts should be completed within a matter of minutes.
10
CONTACT LOG
A log should be established to record all telephone calls from the media or other parties
inquiring about the crisis. This will help to ensure that the many callbacks required are
not overlooked. It will also assist in the post-crisis analysis.
The contact log should contain the following information:
Date I Name of caller/ Question(s) asked/ Telephone number
Person responsible for response/ Additional follow-up needs
Media Hotline may be designated with a hot line number where public can leave a
message and/or call to get information.
11
NEWS MEDIA CONTACT LIST
The Muskegon Chronicle
John Stephenson 725-6360 metro editor
722-2552 fax
WZZM13 ABC
Mike Jacobson 726-3064 Muskegon
John Mills 726-3064 Muskegon
728-0507 Fax
WOODTV8 NBC
Heather Herron 771-9624 Grand Rapids
Doug De Young 456-8888
456-5755 fax (616) 393-6710
456-9169 fax
FOX 17 News
Amy Turner 447-5112 Grand Rapids
364-6018 fax
The Shoreline Business Monthly
Tim Gwozdz 798-4669
798-8335 fax
Radio:
Clear Channel 727-5007
725-0027 fax
TV40
WMKG 733-4040
739-4329 fax
12
POST CRISIS MEETING
After the crisis is declared over, a post crisis meeting should be held. All the internal
players should convene to review actions taken and possible improvements in future
circumstances.
13
INTERVIEW TIPS
• During a media interview, repeat your message as frequently as you can, in response
to as many questions as possible. (Don't answer the question, answer your message)
• Your message should be as short and simple as possible. You want your public to
understand what you are saying ..... .
14
What you need to know when the media calls
• Who?
• What?
• When?
• Where?
• Why?
• How?
15
The 9 C's of Communication
No matter who you want to reach, make sure you review this checklist before you start
your communication strategy.
1. Credibility
Does the message sender have credibility - is he or she a trusted and respected
source of information - with the audience ?
2. Context
Is the message in context with reality and the environment in which the audience
is located?
3. Content
Is the message relevant to the audience ?
4. Clarity
Is the message simple and straightforward ?
5. Continuity and Consistency
Repeat your message for audience penetration.
6. Channels
What channels or tools of communications are being used ? Media briefings,
letters, flyers to neighborhoods, door to door, advertisements, public service
announcements. What value does each have ?
7. Constituent/ Customer Benefits
Public wants to know how our actions are going to solve the crisis for them.
(What's in it for me?)
8. Capability of Audience
Is your audience capable of understanding your message? Will they take the time
to listen I read / watch ?
9. Call to Action
What is your audience supposed to do now ???
16
Key Messages Worksheet
Key Message # 1
The single most important statement I would like people to remember is :
Talking Points
Here is why this is so important:
Key Message # 2
The second most important statement I would like people to remember is:
Talking Points
Here is why this is so important :
Key Message # 3
Talking Points
Here is why this is so important :
17
Date: June 13, 2003
To: Honorable M~YJ~d City Commissioners
From: Ric Scott. /ltf,/i1,P-
RE: Lakeshore Trail IV Bids
SUMMARY OF REQUEST:
To award the contract to the low bidder , Schultz
Excavating, to construct phase IV of the Lakeshore Trail
FINANCIAL IMPACT:
$314,267
BUDGET ACTION REQUIRED:
None, $375 , 000 was budgeted with 80% coming from MDCT
and the remainder from the Golf Course fund
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Anlrmalive Action
231/724-6703
FAX/722~1214
Assessor
231/724-6708
FAX/726-5181
Cemetery
23 I /724-6783
F AX/726-5617
Civil Service
231/724-6716
FAX/724-4405 West Mlclligan's Shoreline City
C lerk
231/724-6705
FAX/724-4178
Comm. & Neigh.
Date: June 13, 2003
Services
231/724-6717 To: Honorable Mayor and City Commissioners
FAX/726-2501
From: Ric Scott ~ ~
Engineering
23 I /724-6707 Re: Lakeshore Trail Phase IV Bids
FAX/727-6904
Finance
On Tuesday, June 10, 2003, six bids were received for
231/724-6713 the construction of Phase IV of the Lakeshore Trail,
FAX/724-6768
which runs from Fisherman's Landing to the Walker Arena.
Fire Dept. The bid results are attached.
231/724-6792
F AX/724-6985
Staff and the Engineers recommend awarding the contract
Income Tnx to the low bidder, Schultz Excavating from Ludington.
23 I /724-6770
FAX/724-6768
While they failed to provide notice with the bid that
they received the second addendum to the bids, they have
Info. Systems
23 I /724-6744 since made that notice to the city and have stated that
FAX/722-4301 their bid is good.
Leisure Service
23 I /724-6704
Consequently, staff would ask that you approve the bid
FAX/724-1196 of Schultz Excavating for $314,267.
Manager's Office Thank you for your consideration.
231/724-6724
FAX/722- 1214
Mayor's Office
231/724-6701
FAX/722-1214
Inspection Services
23 I /724-6715
FAX/726-250 I
Planning/Zoning
231/724-6702
F AX/724-6790
Police Dept.
231/724-6750
FAX/722-5140
Public Works
231/724-4100
FAX/722-4188
Treusurer
231/724-6720
FAX/724-6768
Water BIiiing Dept.
231/724-6718
FAX/724~768
Water Filtration
231/724-4106
F AX/755-5290
City of Muskegon, 933 Terrace Street, P .0 . Box 536, Muskegon, MI 49443-0536
Page 1 of 1
City of Muskegon
Recreational Bike Path, Phase IV
Bids Received: June 10, 2003 at 2:00 p.m.
Quantum Construction Milbocker & Sons. Inc. Waaenmaker Construction
t-".O. B0XJ.4::1 1.r.~u ..r.onh -,t 332 ra
SHEETS ISSUED HEREWITH: None
SPECIFICATION SECTIONS ISSUED HEREWITH: Nono
SKETCHES ISSUED HERl::-WITH: None
BIDS DUE: June 1o. 2003. at 2 p.m -ISSUED TO ALL B:D SET HOL.DERS
This Addendum i9 a part of the Contract Oocume,,ts and mod1foe, the prevlou•ly iS&uad Bidding Doeurnenta.
Acknowledge ree.ipt of this Addendum In the •P•OB pro\lidod on the Bid form; failure to do so may resul! in rejection
of the Bid. -
ITEM NO 1:
The Davis Becon Wage Rates have not ch•nged from the publication originally included in the conlri>::1 ciocurnents.
The original rete, dated April 4, 2003, are current.
ITEM NO. 2:
Meeting Minutes from the Pre-Bid Conference on June 3, 2003.
ITEM NO. 3:
MOOT Prequallfic;,tlon Requirements:
Bidder$ muat meet the req,Airementa of MOOT D(equalificat;on 374Ea, 374E. 01 374Cb. MOOT requi,es the cont,acfor
10 be prequalified as a condition to receive bids, and lhe contractor must be able to prove their prequal1ficatlon rating
and expiration date as established by MOOT.
END OF ADDENDUM
ACOENOUM(N0.2)
Schultz Excavating
5565 6th Street, P.O. Box 683
Ludington, Michigan 49431-06&3
Phone 231-845-7125 Fax 231-843-4688
June 11, 2003
Mr. Mohammed Al-Shatel VlA FAX 231-727-6904
City of Muskegon
Dear Sir:
I am writing in regards to the bid we submitted on 6/10/03 for the City of Muskegon
Recreational Bike Path Phase rv. During the eleventh hour rnsh to complete the bid
form, our engineer failed to acknowledge our receipt of Adde:adum #2. I am letting you
know that the addendum was received and the spirit and intent of the addendum was
retlected in our bid price of$314,267.00; we simply failed to note its receipt in our bid
proposal. Be assured that by awarding this contract to Schult, Excavating, the City will
not incur any additional cost due to our oversight in acknowledging Addendum #2.
Thank you for your consideration.
Respectfully submitted,
cc: Kerri Miller, F, T, C & H
Date: June 24, 2003
To: Honorable Mayor and City Commissioners
From: Community and Neighborhood Services
Department
RE: Approval of Resolution, Purchase Agreement and
Quit Claim for the Sale of 850 Wood.
SUMMARY OF REQUEST: To authorize the Mayor and City Clerk to
sign the resolution to sell the home, and approve the purchase
agreement between David D. Sperry and the City of Muskegon for the
purchase of the city-owned home located at 850 Wood a.k.a. "Wood
Street Revival" for the price of $55,000.
The structure at 850 Wood was totally rehabilitated by the Community
and Neighborhood Services Department under its HOME rehabilitation
program. The CNS office considers the rehabilitation of 850 Wood
a.k.a. "Wood Street Revival" to be a major contribution to the blight fight
efforts by the City of Muskegon in area 11 .
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the sale and the purchase
agreement to sell 850 Wood a.k.a. "Wood Street Revival" to David D.
Sperry and direct the Mayor and City Clerk to sign the quit claim.
2003-52 (a)
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE SALE OF
CITY-OWNED PROPERTY AT 850 Wood
WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;
WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;
WHEREAS, the City of Muskegon is dedicated to promoting homeownership
throughout its neighborhoods;
NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approved the sale of the totally rehabilitated home located at 850 Wood to be used
as a single family owner-occupied home to David D. Sperry for the price of
$60,000 in its current rehabilitated condition.
Adopted this 24 day of June, 2003
Ayes: 7
Nays: o
BW Resolution
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on
: June 24, 2003 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
OUIT-CLAJM DEED
KNOW ALL MEN BY 1HESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose
address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAJMS TO: David D. Sperry, of 1346 Horton Road, Muskegon, Michigan 49445,
tl1e following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
City of Muskegon revised plat of City of Muskegon re,ised Plat of 1903 W. 114 Ft Lot 5 Block 46
for the sum of Sixty Thousand and no/100 Dollars ($60,000.00)
This deed is exempt from real estate transfer tax pursuant to tl1e provisions of MCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this 24t111ay of _____J_u_n_e_~ 200_2_.
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this _I_ day of ..j L> k1 , 200~- by
Stephen J. Wannington and Gail A. Kundinger, MMC, Mayor and City Clerk, respectively, of the CITY OF
MUSKEGON, a municipal corporation, on behalf of tl1e City.
if-Ct,.,., ~. t(fC'u.~,9,t·
PREPARED BY:
John C. Schrier
-:r o Ari n 12:'.1 k'. ru Kc w s.\'.'.'.. \
Notary Public, Muskegon County, Michigan
Parmenter O'Toole My commission expires: 5 - I 's · D S
175 W. Apple Ave., P. 0. Box 786
Muskegon, MI 49443--0786
Telephone: 616/722-1621
SEND SUBSEQUENT TAX BILLS TO: Grantee WHEN RECORDED RETURN TO: Grantee
Oocumen\2
2003-52 (a)
PURCHASE, SALE, AND LOAN AGREEMENT
THIS PURCHASE, SALE, AND LOAN AGREEMENT ("Agreement") is made as of the
~day of June, 2003 between CITY OF MUSKEGON ("City"), David D. Sperry,
("Purchaser") and Fifth Third Bank , ("Lender")
Background
A. City is the owner of certain real property situated in the City of Muskegon,
County of Muskegon, State of Michigan and described as provided for in Exhibit A.
B. City is prepared to sell, transfer and convey the prope1ty to Purchaser subject to
conditions provided for in this Agreement.
C. Lender is prepared to lend to Purchaser$ 55,000.00 consistent with a
commitment letter from Lender to Purchaser dated June I 0, 2003 and attached as Exhibit B.
Terms and Conditions
IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS
CONTAINED IN THIS AGREEMENT, AND INTENDING TO BE LEGALLY BOUND BY
IT, THE PARTIES AGREE AS FOLLOWS:
I. City agrees to sell, transfer and convey the property to Purchaser, after
rehabilitation of the single-family residential unit provided for in Exhibit A. The purchase price
of the property is Sixty Thousand Hundred Dollars($ 60,000.00) (the "Purchase Price"). The
Purchase Price shall be satisfied as follows:
1.1 Upon closing, Lender shall deliver to Transnation a cash deposit, or any
other form of payment acceptable to Transnation, the amount of Fifty-five Thousand Dollars
($ 55,000.00 ). The bank's obligation to tender such monies is contingent upon satisfaction of
the other terms and conditions of this Agreement.
1.2 The balance of the Purchase Price shall be satisfied by Purchaser
executing a promissory note and mortgage in favor of the City of Muskegon. The City of
Muskegon mortgage is junior to the mortgage of Lender, so long as the Lender's mortgage is in a
form acceptable to City.
\\MUSKDATA\DATA\CNS\COMMON\WPDATA\HOME\INFILL\85p WOOD\PU-SA-LO.AG-PERRY.DOC
2. Covenants, Representations, and Warranties of City. City covenants, represents
and warrants to Purchaser, Lender as follows:
2.1 City is a municipal corporation, duly organized and validly existing and in
good standing under the laws of the State of Michigan; the City has full power and authority to
enter into and perform its obligations under this Agreement; that the execution, delivery and
performance of this Agreement by its mayor and clerk have been duly authorized by appropriate
action of its city commission and is not in violation of the city ordinances or state law applicable
to cities, or other law or any laws, order, judgment, agreement that is binding upon the City.
2.2 The property is not subject to any other security interest, lien or incumbent
created or arising by reason of any act or omission of the City.
2.3 Contemporaneous with execution of this Agreement and deposit of monies
by Purchaser with Transnation, City shall execute and deliver to Transnation a quitclaim deed
from City to Purchaser in a form and content consistent with Exhibit C.
2.4 Upon closing, City agrees to lend an amount not to exceed Five Thousand
Dollars($ 5,000.00 ). The loan shall be evidenced by execution by Purchaser of a promissory
note, in a form and substance consistent with Exhibit D and mortgage, in a form and substance
consistent with Exhibit E. City's mortgage shall be recorded junior to Lender's mortgage so long
as the Lender's mortgage is in a form acceptable to City and in an amount not to exceed Fifty
Five Thousand Dollars($ 55,000.00 ).
3. Purchaser's Covenants, Representations and Warranties. The Purchaser represents
and warrants that:
3. I The property is being purchased by the Purchaser for use as [his/her/their]
personal residence; that all financial statements and other information concerning the Purchaser
are true and accurate in all material respects; that the Purchaser is not insolvent; and that this
Agreement constitutes the valid and binding obligation of the Purchaser, enforceable in
accordance with its term.
3 .2 Purchaser acknowledges that upon closing, Lender shall have
no obligation to lend monies in excess of that stated in Exhibit B. Purchaser further
acknowledges that City has no obligation to lend money in excess of$ Five Thousand Dollars
($ 5,000.00 ).
3.3 At closing, Purchaser agrees to execute a promissory note and mortgage in
favor of Lender in the amount of Fifty Five Thousand Two Hundred Dollars($ 55,000.00) and
such other documents as called for in Exhibit B.
3.4 At closing, Purchaser shall execute promissory note and mortgage, in the
form as attached as Exhibits D and E in an amount not to exceed Five Thousand Dollars
($ 5,000.00) and as more fully calculated pursuant to this Agreement.
\\MUSKDATAIDATAICNS\COMMONIWPDATAIHOME\INFILL\85)! WOOD\PU-SA-LO.AG-PERRY.DOC
4. Lender's Covenants, Representations and Warranties. The Lender represents and
warrants that:
4.1 The Lender is a Michigan corporation, duly organized and validly existing
and in good standing under the laws of the State of Michigan; that the Lender has full power and
authority to enter into and perform its obligations under this Agreement; that the execution,
delivery and performance of this Agreement have been duly authorized.
4.2 There is no material action, suit or proceeding pending or, to the best of
Lender's actual knowledge, threatened against or affecting the proposed loan, or which would
have a material affect on Lender's ability to lend money consistent with Exhibit B.
4.3 Lender agrees to lend to Purchaser the amount of Fifty Five Thousand
Dollars ($ 55,000.00 ) upon closing. Conditions president to the loan are specified in Exhibit B.
4.4 Lender agrees that prior to closing, Lender shall prepare a promissory note
and mortgage to be executed by Purchaser in a form acceptable to City. To the extent that the
promissory note and mortgage are acceptable to City and in an amount not to exceed Fifty Five
Thousand Dollars($ 55,000.00 ), Lender's mortgage shall be a first priority, senior to City's
mortgage and lien of lien of General Contractor or subcontractor.
5. No Conflict. The execution and delivery of this Agreement and the
consummation of the transactions contemplated on the part of Purchaser does not and will not
violate any applicable law, ordinance, statute, rule, regulation, order, decree or judgment, conflict
with or result in the breach of any material terms or provisions of, or constitute a default under,
or result in the creation or imposition of any lien, charge, or encumbrance upon any of the
property or assets of the Purchaser by reason of the terms of any contract, mmtgage, lien, lease,
agreement, indenture, instrument or judgment to which Purchaser is a party or which is or
purpmts to be binding upon Purchaser or which otherwise affects Purchaser, which will not be
discharged, assumed or released at closing. No action by any federal, state or municipal or other
governmental department, commission, board, bureau or instrumentality is necessary to make
this Agreement a valid instrument binding upon Purchaser in accordance with its terms.
6. Property "As Is". Except as expressly provided, Purchaser acknowledges and
agrees that Purchaser is acquiring the property in its "AS IS" condition, WITH ALL FAUL TS, IF
ANY, AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. Other than as expressly
set fmth in this Agreement, City nor any agents, representatives, or employees of City have made
any representations or warranties, direct or indirect, oral or written, express or implied, to
Purchaser or any agents, representatives, or employees of Purchaser with respect to the condition
of the property, its fitness for any particular purpose, or its compliance with any laws, and
Purchaser is not aware of and does not rely upon any such representation to any other party.
Purchaser acknowledges that Purchaser has had the opportunity to make such inspections ( or
have such inspections made by consultants) as it desires of the property and all factors relevant to
its use, including, without limitation, the interior, exterior, and structure of all improvements, and
the condition of soils and sub-surfaces.
\IMUSKDATA\DATAICNS\COMMONIWPDATAIHOMEIJNFILL\8~ WOODIPU-SA-LO.AG-PERRY.DOC
7. Survey. Purchaser may obtain, at its cost and expense, such survey as it may
desire within ten (10) days of execution of this Agreement. Purchaser shall have a period often
(10) days from the date of Purchaser's receipt of the survey, but no later than thirty (30) days
after execution of this Agreement, within which to approve or disapprove matters disclosed by
the survey and to give written notice to City of any disapproval of it, indicating in reasonable
detail the nature and reasons for Purchaser's objection. In the event Purchaser so notifies City of
Purchaser's disapproval of the survey, City may elect (but shall have no obligation whatsoever)
to cure any disapproved matter within thirty (30) days from receipt of such notice. Within five
(5) days after receiving Purchaser's notice, City shall notify Purchaser whether City intends to
effectuate such cure. In the event City does not elect to cure, or City elects to cure, but such cure
is not completed within thirty (30) days, the Purchaser within five (5) days shall elect in writing
to either waive such matter and proceed as provided or terminate this Agreement and receive a
refund of the deposit.
8. Title Matters.
8.1 Title Report. City shall furnish to Purchaser an ALTA title report or
commitment, with standard exceptions, in the amount of the Purchase Price from Transnation
with respect to the property. Purchaser shall have a period of five (5) days after execution of this
Agreement, or ten (I 0) days after receipt of title report, within which to examine the title report.
If Purchaser objects to any matters disclosed in the title report, Purchaser shall, within the time
period indicated, notify City in writing, specifying the objectionable matters. City may elect (but
shall have no obligation whatsoever) to cure any such matters within thirty (30) days from
receipt of such notice. Within five (5) days after receiving Purchaser's notice, City shall notify
Purchaser whether City intends to effectuate such cure. In the event City does not elect to cure,
or City elects to cure, but such cure is not completed within thirty (30) days, the Purchaser within
ten (I 0) days shall elect in writing to either waive such matter and proceed as provided in this
Agreement or terminate it and receive a refund of the deposit.
8.2 Defects in Title. In the event City shall not be able to convey title to the property
on the date of closing in accordance with the provisions of this Agreement, the Purchaser shall
have the option, exercisable by written notice to City at or prior to closing, of (I) accepting at
closing such title as City is able to convey and/or waiving any unsatisfied condition precedent,
with no deduction from or adjustment of the Purchase Price, or (2) declining to proceed to
closing. In the latter event, except as expressly set forth in this Agreement, all obligations,
liabilities and rights of the parties under this Agreement shall terminate, and the deposit and
additional deposit shall be returned to Purchaser.
9. Pre-Closing Obligations; Deliveries.
I\MUSKDATA\DATA \CNS\COMMONIWPDATA \HOMEIINFILLIB!'i11 WOOD\PU-SA-LO .AG-PERRY. DOC
9.1 The closing under this Agreement (the "Closing") shall take place on or
before June 30, 2003, or within five (5) days of satisfaction of all conditions relevant to
Closing, whichever is sooner, at the offices of Transnation unless otherwise agreed to in writing
by both City and Purchaser.
9.2 For Closing, City shall deliver the following:
9.2.1 A Quit Claim Deed to the real property, duly executed and
acknowledged by City and in proper form for recording, conveying fee simple title to the
property to Purchaser, subject only to easements, restrictions and/or rights-of-way of record.
9 .2.2 Copies of current real estate tax bills, if any.
9.2.3 An assignment of any operating licenses, permits and approvals, if
any, relating to the property possessed by City.
9.2.4 A Bill of Sale for any personal property, if any.
9.2.5 An affidavit of title, and such other documents as may be required
by Transnation.
9.2.6 All other instruments and documents reasonably required to
effectuate this Agreement and the transactions contemplated.
9.3 For Closing, Purchaser shall deliver the following:
9.3.1 In accordance with Transnation's instructions, a certified check or
wire transfer in the amount required.
9.4 For Closing, Lender shall deliver the following:
9.4.1 In accordance with Transnation's instructions, a certified check or
wire transfer in the amount required to cover its expenses and the amount indicated in the
commitment letter, attached as Exhibit B.
9.4.2 A Promissory Note and Mortgage, in a form acceptable to City, for
execution by the Purchaser.
9.5 For Closing, General Contract shall deliver the following:
9.5.1 In accordance with Transnation's instructions, whatever documents
are necessary to assure that all subcontractor's have been paid and that there are no liens,
recorded or which could be recorded, which will not be satisfied at the time of closing.
9.5.2 In accordance with Transnation's instructions, whatever documents
are necessary to assure that all monies owed to General Contractor will be satisfied at the time of
closing.
IIMUSKDATA\DATA \CNS\COMMON\WPDATAIHOMEIINFI LL185_9 WOOD\PU-SA-LO .AG-PERRY. DOC
I 0. Apportionment; Taxes; Expenses.
I 0.1 Taxes. City shall pay all taxes due through the Closing Date.
10.2 Expenses. Each party will pay all its own expenses incurred in connection
with this Agreement and the transactions contemplated, including, without limitation, (I) all
costs and expenses stated in this Agreement to be borne by a party, and (2) all of their respective
broker's commissions, accounting, legal and appraisal fees. Purchaser, in addition to its other
expenses, shall pay at Closing all recording charges incident to the recording of the deed for the
prope1iy. City, in addition to its other expenses shall pay at Closing (I) all documentary stamps,
deed stamps and realty transfer taxes, and (2) the cost of the owner's title insurance policy.
I 0.3 Closing Expenses. City and Purchaser shall share equally the cost of
Transnation for acting as escrow agent leading up to Closing and Transnation's expenses relating
to the Closing of this transaction. To the extent that Closing does not occur for reasons other
than relating to paragraph 8 [Survey] or paragraph 9 [Title Matters], Transnation's fee shall be
deducted from the Purchaser's deposit and the balance of the deposit returned to Purchaser.
Upon indication that Closing will not occur, Transnation shall return the City's Quit Claim deed
to the City.
11. Remedies.
11.1 If, prior to Closing, Purchaser breaches or fails to perform its pre-closing
obligations under this Agreement, then City shall, as its sole remedy, be entitled to receive the
deposit, plus all interest earned and accrued on it, as liquidated damages (and not as a penalty) in
lieu of, and as full compensation for, all other rights or claims of City against Purchaser by
reason of such breach or failure. This Agreement shall then terminate and the parties shall be
relieved of all further obligations and liabilities under it, except as otherwise expressly set forth.
Purchaser and City acknowledge that the damages to City resulting from
Purchaser's breach would be difficult, if not impossible, to ascertain with any accuracy, and that
the liquidated damage amount set forth in this Section represents both parties' efforts to
approximate such potential damages.
11.2 If, prior to Closing, City breaches or fails to perform its pre-closing
obligations under this Agreement, Purchaser may, as its only remedies, either (i) enforce specific
performance of this Agreement against City, or (ii) terminate this Agreement and receive an
immediate refund of the deposit.
11.3 If, prior to Closing, Lender breaches or fails to perform its pre-closing
obligations under this Agreement, Purchaser or City may, as its remedies, either (i) enforce
specific performance of this Agreement against Lender, or (ii) sue for damages related to the
failure to lend monies consistent with Exhibit D.
11.4 If, prior to Closing, General Contractor breaches or fails to perform its
pre-closing obligations under this Agreement, Purchaser or City may, as its remedies, either
(i) enforce specific performance of this Agreement against Lender, or (ii) terminate this
IIMUSKDATAIDATA\CNS\COMMON\WPDATAIHOMEIINFILL\8q9 WOOD\PU-SA-LO.AG-PERRY.DOC
Agreement and obtain another entity to complete performance. The cost of completion shall be
borne by General Contractor.
12. Further Assurances. City and Purchaser each agrees to perform such other acts,
and to execute, acknowledge and deliver, prior to, at or subsequent to Closing, such other
instruments, documents and other materials as the other may reasonably request and as shall be
necessary in order to effect the consummation of the transactions contemplated by it.
13. Possession. Possession of the property shall be surrendered by Purchaser at
Closing.
I 4. Notices. All notices and other communications provided for shall be in writing
and shall be sent to the address set forth below (or such other address as a party may designate
for itself by notice to the other parties as required) of the party for whom such notice or
communication is intended:
14.1 If to City:
Director of Community and Neighborhood Services
City of Muskegon
933 Terrace Street
Muskegon,MI49440
with a copy to:
John C. Schrier
Parmenter O'Toole
175 W. Apple Avenue
P.O. Box 786
Muskegon,MI 49443-0786
14.2 If to Purchaser:
David D. Sperry
1346 Horton Road
N01ih Muskegon, MI 49445
14.3 lfto Lender:
Fifth Third Bank
Arnette Weaver-Brown
Terrace-Downtown Branch
Muskegon,MI49443
\\MUSKDATA \DATA \CNS\COMMON\WPDATA \HOMEIINFILL1889 WOODIPU-SA-LO.AG-PERRY. DOC
Any such notice or communication shall be sufficient if sent by registered or certified mail,
return receipt requested, postage prepaid; by hand delivery; by overnight courier service; or by
tele-copy, with an original by regular mail. Any such notice or communication shall be effective
when sent.
15. Miscellaneous.
15 .1 Assigmnent. Purchaser may not assign or transfer all or any portion of its
rights or obligations under this Agreement to any other individual, entity or other person without
the consent by City. Purchaser recognizes that there are specific guidelines as to acceptable
purchasers. As such, City reserves the absolute right to reject any individual or entity which is
being proposed to assign the obligations and benefits from Purchaser.
15.2 Governing Law. Parties in Interest. This Agreement shall be governed by
the law of the State of Michigan and shall bind and inure to the benefit of the parties and their
respective heirs, executors, administrators, successors, assigns and personal representatives, and
is not intended to and shall not benefit any third persons not patiy to this Agreement.
15.3 Time of Essence. Time is of the essence in this Agreement.
15.4 Headings. The headings preceding the text of the paragraphs and
subparagraphs are inserted solely for convenience ofreference and shall not constitute a part of
this Agreement, nor shall they affect its meaning, constrnction or effect.
15.5 Counterparts. This Agreement may be executed simultaneously in
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrnment.
15.6 Survival. Each of the warranties, representations and covenants of City
and Purchaser shall survive for a period of eighteen (18) months after the Closing and delivery of
the deed and other closing documents by City to Purchaser, and shall not be deemed to have
merged with this Agreement, and any action on it must be commenced within 18 months after
the Closing or shall be forever barred.
15.7 Entire Agreement; Amendments. This Agreement and the Exhibits set
forth all of the promises, covenants, agreements, conditions and undertakings between the parties
with respect to the subject matter of this Agreement and supersede all prior and contemporaneous
agreements and understandings, inducements or conditions, express or implied, oral or written,
except as contained. This Agreement may not be changed orally but only by an agreement in
writing, duly executed by or on behalf of the patiy or parties against whom enforcement of any
waiver, change, modification, consent or discharge is sought.
IIMUSKDATA \DATA \CNS\COMMON\WPDA TA \HOMEIINFILL18~ WOOD\PU-SA-LO.AG-PERRY.DOC
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the date
first above written.
PURCHASER, '::\J
Dave Sperry
1346 Horton Road
½
North Muskegon, MI 49445
LEUR: Fifth5hird Bank
By. 1-t
1fYV ,i ~{ aW'\. -,& ,a ,M
Arnette Weaver-Brown
\IMUSKDATA \DA TA \CNS\COMMON\WPDA TA\HOME\INFILL185!) WOOD\PU-SA-LO.AG-PERRY.DOC
LIST OF EXHIBITS TO BE ATTACHED
A. LEGAL DESCRIPTION
B. LENDER'S COMMITMENT LETTER
C. QUIT CLAIM DEED FROM CITY TO PURCHASER
D. PROMISSORY NOTE FROM PURCHASER TO CITY OF MUSKEGON
E. MORTGAGE FROM PURCHASER TO CITY OF MUSKEGON
I\MUSKDATAIDATA\CNS\COMMONIWPDATA\HOMEIINFILL\8~tWOODIPU-SA-LO.AG-PERRY.DOC
Exhibit A
Legal Description
City of Muskegon revised plat of 1903
West 114 Feet of Lot 5 Block 46
\IMUSKDATAIDATAICNS\COMMON\WPDATAIHOMEIINFILL\81qwooo1PU-SA-LO.AG-PERRY.DOC
PARMENTER O'TOOLE
Allomeys at law
175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
Phone 231 .722.1621 • Fax 231 .722.7866 or 231 .728.2206
www.Parmenterlaw.com
August 27, 2003
Gail A. Kundinger, MMC
City Clerk
City of Muskegon
933 Tenace
P.O. Box 536
Muskegon,MI49443-0536
Re: David D. Sperry
Dear Ms. Kundinger:
Enclosed please find recorded Mortgage involving David D. Speny.
Very truly yours,
~k_t .~
John C. Schrier
Direct: 231.722.5401
Fax: 231.728.2206
E-Mail Address: jcs@ parmenterlaw.com
Enclosure
c: Wilmern Griffin
G:\EDSIIFILES\00100\161 S\LTA\837593.DOC
Commission Meeting Date: June 24, 2003
;)oo 3 · Sot 'o)
Date: June 16, 2003
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department / Inspection
RE: Acceptance of purchase agreement from the
Muskegon Housing Commission
SUMMARY OF REQUEST: To accept the purchase agreement from the
Muskegon Housing Commission concerning seven Housing
Commission homes (a.k.a. Turnkey 3). The specific addresses of the
homes are:
1668 Beidler 284Iona 361 Oak 383 Catherine
747 Marcoux 214 Washington 404 Washington
The total cost to purchase is seven dollars ($7.00). The City has agreed
to acquire all the homes, except 1950 Terrace.
The City of Muskegon will demolish 1950 Terrace St, but the Housing
Commission will retain ownership. The City will bill the Housing
Commission for the cost of the demolition.
Four of the properties 1668 Beidler, 361 Oak, 284 Iona and 404
Washington will be demolished. New homes will be constructed,
starting with Biedler and Oak. The City HOME funds will cover the
demolition and new construction cost.
The other sites will be demolished with CDBG fund and 1950 Terrace
will be "torn" down with general funds.
FINANCIAL IMPACT: The seven dollars will be taken from the general
fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the purchase agreement and
direct the Mayor and City Clerk to sign the agreement.
COMMITTEE RECOMMENDATION: None needed.
06/03/2003 02:50 FAX 231 727 2130 IV H C S
@004
DRAFT
05/15/03
Real Estate Purchase Agreement
This Agreement is made ___________ ___, 2003, by and between Muskegon
Housing Commission, of 1080 Terrace Street, Muskegon, Michigan ("Seller"), and the City Of
Muskegon, of 933 Terrace Street, Muskegon, Michigan 49440 ("Buyer").
Backgl'Ou11d
A. The Buyer and Seller have selected several houses located on property owned by Seller
for demolitio:i;t ..
B. The Buyer has agreed to perform the demolition and the Seller has agreed to sell some of
the properties to Buyer as part of the arrangement relating to the demolition of the structures located
on such properties pm-suant to the terms set furth in this Agreement.
Therefore, the parties agree as follows:
I. General Agreement and Description of Premises. Seller agrees to sell, and Buyer agrees
to buy, marketable record title ofreal estate, and all improvements thereon, with all beneficial easements,
and with all of Seller's right, title and interest in all adjoining public ways, the real property located in the
City of Muskegon at 1668 Beidler, 284 Iona, 361 Oak, 383 Catherine, 747 Marcoux, 214 Washington,
and 404 Washington (collectively "Premises"), which are legally described on Exhlbit A, and are subject
to the reservations, restrictions and easements ofrecord, provided said reservations, restrictions and
easements ofrecord are acceptable to Buyer upon disclosure and review of the same, and subject to any
governmental inspections required by law.
2. Purchase Price and Manner of Payment. The consideration for acquisition of the Premises
shall be Seven and no/l 00 Dollars ($7 .00) payable in cash or by City check to Seller at Closing and other
valuable consideration.
3. Demolition of Structures. In addition to the purchase price as stated above and as soon as
administratively possibfa after Closing, Buyer :,.grees to demolish all s!:r..!C~es localed on the Premises in
consideration for the transfer of the property. Buyer shall pay for the full cost of demolition on the
Premises. fu addition, Buyer shall demolish the structure located at 1950 Terrace Street with Seller
reimbursing Buyer for the cost of demolition of the structure or structures located on the property at 1950
Terrace. Buyer will accept bids from private companies for the cost of demolition for all of eight
structures. The Buyer will hire the company with the lowest qualified overall bid fur the entire project.
Seller will be responsible to pay the cost of demolition for 1950 Terrace paid by Buyer, whether or not the
cast for that particular property was the lowest among the bidders. Upon payment by Buyer for the
demolition of 1950 Terrace, Buyer shall provide Seller with an invoice showing the cost paid by the
Buyer for such demolition. l'ayment from the Seller shal! be due 10 days after receipt of such invoice
from the Buyer.
4. Assessments and Fees. All assessments, fees or costs, which are due and payable at the
time of Closing, shall be paid by Seller prior to or at Closing. All special assessments that become due
and payable after Closing shall be the responsibility of Buyer.
Page 1 of4
G:\5DS l\Fl"~$\00100\ 1721\RPA_RISS I\AX3!l93, DOC
_..c,.06"-'-/03/2003 02;fil FAX 231 727 2130 IV H C S
141005
5. Title Insurance. Buyer shall obtain and pay for a commitment for title insurance issued by
LandAmerica Transnation Title for an amount not less than the purchase price stated in this Agreement,
guaranteeing title on the conditions required hetein, In the event the reservations, restrictions or
easements of record disclosed by said title commitment are, in the sole discretion of Buyer, deemed
unreasonable, Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness of restriction and such unmarketability of title, to remedy such objections. If Seller
resolves such restrictions, and remedies the title (by obtaining satisfactory title insurance or otherwise)
within the time specified, Buyer agrees to complete this sale as provided in this Agreement, within ten
(10) days ofwrittCl1 notification. If Seller fails to resolve such restrictions or remedy the title withln the
time above specified, this Agreement may be terminated at Buyer's option. The premium for the owners'
title policy shall be paid by Buyer.
6. Personal Property and Fixtures. All personal property and fixtures, which Seller wishes to
remove, shall be removed on or before Closing. Any personal property which is left on the Premises shall
be the property ofBuyer who may dispose of same.
7....Sw:vev•.. Buyer has obtained a.survey and is satisfied with same, provided no change has
been made 1Il the
property since the date of the survey.
8. Environmental Matters. Seller represents and warrants to Buyer as follows'.
a. To the best of Seller's knowledge, the Premises have been used and operated by
Seller in compliance with all applicable federal, state and local laws and regulations related to air
quality, water quality, waste disposal or management, hazardous or toxic substances, and the
protection of health illld the environment.
b. Seller has not disposed of any hazardous or toxic substances on or in the Premises,
but the premises may have been characterized as part of a "fu.cility" under Michigan law. The
Premises may constitute a facility because of historic fill materials in or in the vicinity of the
Premises. Seller is unaware of any plume of contaminated groundwater in or affecting the
Premises.
c. The Premises does not include any "underground storage tank," as that term is
defined by state or federal law, to the best of Seller's knowledge.
Such representations and warranties shall be deemed to have been made again by Seller as of the
Closing. Seller agrees to indemnify Buyer and hold it harmless from and against any and all claims,
demands, liabilities, costs, expenses, penalties, damages and losses, including, but not limited to,
reasonable attorneys' fees, resulting from any misrepresentation or breach of the waITIIIlties set forth in
this paragraph. The representations, warranties and covenanlE set forth in this paragraph shall survive the
Closing.
9. Condition of Premises and E"""Wiuation by Buyer. SUBIBCT TO THE ABOVE
REPRESENTATIONS, NO lMPLIED WARRANTIES OF HABITABILITY, QUALITY, CONDIDON,
FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER.IMPLIED WARRANTIES SHALL
OPERATE BETWEEN SELLER AND BUYER. BUYER UNDERSTANDS AND AGREES THAT
THE PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS, CONDITIONS
AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE AGREEMENT, ALSO
SUBJECT TO THEWARRANTY OF SELLER 'l'HAT NO HAZARDOUS SUBSTANCES HAVE
BEEN PLACED ON THE PREMISES. BUYER FURTHER SAYS THAT IT HAS PERSONALLY
INSPECTED 11IE PREMISES AND IS SATISF]EJ) WITH THE CONDIDON OF U·IE LAND,
T AKJNG INTO ACCOUNT THE REPRESENTATIONS OF SELLER.
Page 2 of 4
G:\EDSl\~ILES\00100\17Z1\RPA_RESI\AX399~,DOC
14]ooa
10. Reol Estate Commission. Buyer and Seller both acknowledge and agree that neither has
dealt with nny real estate agents, brokers or salespersons regarding this snle, and that no agent, broker,
salesperson or other party is entitled to a real estate commission upon the Closing of this sale. Buyer and
Seller both agree t.o indemnify and hold the other harmless from any liability, including reasonable
attorney fees, occasioned by reason of any person or entity asserting a claim for a real estate commission
arising from actions taken by the other party.
11. Closing. The closing date of this sale shall be on or before ________, 2003
("Closing"). The Closing shall be conducted at LandAmerica Transnation Title, Muskegon, Michigan. If
required by LandAmerica Transnation Title, the parties shall execute an IRS closing report at the Closing.
12. Delivery of Deed. Seller shall e,cecute and deliver a quit claim deed to Buyer at Closing
for the Premises.
13. Affidavit of Title. Ifreguired by LandAmerica Transnation Title, Seller shall deliver to
Buyer an executed Affidavit of Title at closing.
14. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller on the
date of Closing,
15. Costs, Seller shall be responsible to pay the Michigan transfer tilJI, ifany, in the amount
required by law. Seller shall be responsible to pay for the recording of any instrument which must be
recorded to clear and convey mal'ketable title to the extent required by this Agreement or by the title
insurance company. Buyer shall pay for the cost ofrecording the quit claim deed to be delivered at
Closing and tl1e title company fees for Closing.
16. General Provisions,
a. Paragraph Headings. The paragraph headings are inserted in this Agreement
only for convenience.
b. Pronouns, When applicable, pronouns and relative words shall be read as plural,
feminine or neuter.
c. Mergel'. It is understood and agreed that all understandings and agreements
previously made between Buyer and Seller ere merged into this Agreement, which alone fully
and completely expresses the agreement of the parties.
d. Gov!'lrning Law. This Agreement shall be interpreted and enforced pursuant to
the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding upon
the parties, their heirs, executors, administrators, officers, directors, employees, agents,
representatives, successors, and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
suoh invalidity, illegality, or unenforceability shall not affect any other provision of this
Agreement, and tlris Agreement shall be construed as if such invalid, illegal, or unenforceable
provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations, warranties,
covenants and agreements contained in this Agreement and in any instrument provided for herein
Page 3 of4
C:IEDSI\FILES\00100117211RPA_~ESIIAX3S93.DDC
_06/03/2~2:51 FAX 231 727 2130 WH C S
ial007
shall survive the Closing and continue in full force and effect after the consummation of this
purchase and sale and continue until all liabilities of Buyer have been fully satisfied.
b. Modification of the Agreement. This Agreement sh.all not be amended except
by a writing signed by Seller and Buyer.
The parties have executed this Real Esiate Purchase Agreement the day and year first above
written.
WITNESSES: Seller: Muskegon Housing Commission
By: ~~.. . ., ~-i\~S\~&,.,. ,_,~~ll)J'!Pf"~--
Name: _J;dward Horne
Title: Ch~irman - Board o:f Commissioners
Date: June 5 2003
Buyer: City Of Muskegon, a municipal corporation
By: -~-,---=c-::c:-..,--------
Nsme: Stephen J. Warmington
Title: Mayor
Date:
By_ _ _ _ _ _ _ _ _ _ _ _ _ __
Name: Gail A. Kundinger, MMC
Title: Clerk
Date:
Page 4 of 4
GclEDSfiFILES\00100\17211RPA_RESIIAX3993,0CC
MUSKEGON HOUSING COMMISSION
RESOLUTION 2003-18
On February 18, 2003 the Muskegon Housing Commission agreed to the terms and
conditions identified by staff and the City of Muskegon for sale and demolition of eight
(8) Turnkey Ill prope1iies pending approval from HUD. A Real Estate Purchase
Agreement has been drafted by City Attorney John Schrier relating to the demolition of
the properties. At its June 5, 2003 the Muskegon Housing Commission Board agreed
to allow staff and attorney to execute this agreement
ABSENT
Edward Horne
Gregory Kirksey
Maxine Lencar
Marv Jo McCann
Dated: June 5 2003 Certified ~~~~
Edward Horne, Board Cnairperson
vo- ne Morrisey, l n t e r i ~ ~ ~ ~ = Y '
2003- l 8.RLS
_,
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I
Commission Meeting Date: June 24, 2003
Date: June 16, 2003
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Approval of Contract with A-1 Professional
Construction
SUMMARY OF REQUEST: To accept the low bid submitted by A-1
Professional of Grand Rapids, Ml for the lead base abatement at the
city-owned property located at 503 Octavius for $27,475.
After the abatement is competed, the home will be totally rehabilitated
and sold to a qualified family as a single-family owner-occupied
structure. This project is under the Community and Neighborhood
Services housing rehabilitation program entitled "Operation Jackson Hill
Urban Renewal Project #1 (Wgirtt)
FINANCIAL IMPACT: The cost of this project will be financed with 2001
HOME funds.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the contract with A-1 for $27,
475 to complete the lead base paint abatement at 503 Octavius
COMMITTEE RECOMMENDATION: None required.
So3 octavi u5
Lead Base Abatement
Bid Results
A-1 Professional Construction $27,475
2600 Miller N. W.
Grand Rapids, MI
Success Enterprises $33,600
5263 Apple Ave
Muskegon,MI
West Michigan Construction $29,350
2600 Patterson Ave S.E.
Grand Rapids, MI
TD: 12317252501
0
003 09:25 FROM:PRO TECH 515-354-9194
Lead Base Abatement
Specification for 503 Octavius
I. Siding Install (Vinyl)
+ Garage
2. Soffil Instal I
3. Fasica In.stall
4. ,Trim-Doors & Windows
5. Remove and Replace Windows (24)
6. Rototill 3-feet around home and add black top-soil
and )1111dscaping mulch
7. Properly clean or prepare floor area throughout the
house for clearance
8. Window refrarning __(4) bedrooms require egress
windows
q. R-4-. J t,,1,-(,..)s,~ ,,..,.4 t,,,.J
*Note:
All measurements are the responsibility of the contractor
;1-/ .#.,_k..,,..,/&w/4-cfer. ~ .
,:('~'° A~- 71,,,,,;,
G~;j;,.,,/4 /4 'tfs-t"y
&1~ .;r;./~ 9.;,..-,,,
(/;I/) .36'I LJ PUD OVeltay
c:J S-1: Limited Business
>)J LJ S-2: convenience and Comparison Busi ness
LJ S-3: Central Business
CJ 8-4: Genenll Busine-$5
~ B--5: Governmental Services
LJ 1-1: Light lndustrlal
D
*
1·2: General Industrial
)j j// /j Wl·PUO: Waterfront Industrial Planned Unit Development
- D OSC: Open Space Conservation
- OSR: Open Spaee Recreation N
LR: L.akefront Reere:atlon
LJ WM: Waterfront Marine w E
LJ H: Heritage
AGENDA ITEM NO. Joo3 -s- ~ ~)
CITY COMMISSION MEETING 6/24/03
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: June 17, 2003
RE: Industrial Facilities Tax Payment Agreement - Burgess-Norton
SUMMARY OF REQUEST:
To approve an IFT payment agreement with Burgess-Norton to pay Industrial Facilities taxes as
a result of the closing of their facility in the City.
FINANCIAL IMPACT:
$217,390 to be distributed to the taxing jurisdictions.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached agreement.
COMMITTEE RECOMMENDATION:
None.
O:COMMON\DEPTMENT\ADMINIAGNDAFRM
JMS - 0: (BURGESS-NORTON-I FT TAX PYMT)
DRAFT
06/10/03
CONTRACT FOR PAYMENT OF JEOPARDY ASSESSMENT AND
INDUSTRIAL FACILITIES TAX
This Agreement is effective on _ _ _ 2003, between the City of Muskegon, of933
Terrace Street, Muskegon, Michigan, 49443-0536 ("City") and Burgess Norton Mfg. Co., a
Division of Amsted Industries, Inc., of737 Peyton St., Geneva, IL, 60134-2189 ("Burgess
Norton").
Background
A. Burgess Norton applied for and received an Industrial Facilities tax exemption
beginning December 30, 1996.
B. The City and Burgess Norton entered into an Industrial Facilities Tax Exemption
(!FT) contract on November 18, 1996.
C. During 2003, Burgess Norton removed substantially all of its production facilities
and jobs, without transferring either to another facility in the City.
D. In April 2003, imposed a jeopardy assessment on the personal property
E. In April of 2003, Burgess Norton held an auction selling real property located at
the Burgess Norton facility in Muskegon, Michigan. The auction proceeds, approximately
$450,000, is being held by the auctioneer.
Agreement
Incorporating the above provisions, the parties agree as follows:
I. Burgess Norton Obligations. Burgess Norton agrees to do the following:
1.1 IFT Exemption Repayment. Burgess Norton will pay to the City
$112,390, plus interest at the rate of 6% on the outstanding balance from the date of
execution of this agreement, in five annual installments. The first installment is due upon
execution of this agreement. All future installments will be due on July 1. If a payment
is missed, the entire remaining balance agreed pursuant to paragraph 1.1 will accelerate
to the date in which payment is missed. Burgess Norton agrees to pay all attorney fees
incurred by City, including future attorney fees that may result from a missed payment, or
other breach, of this contract.
1.2 Jeopardy Assessment. Burgess Norton agrees to escrow, in an interest
bearing account, $105,000 with Huntington National Bank to pay all 2003 real and
personal property taxes attributable to the Burgess Norton facilities in Muskegon,
Michigan. The monies held in escrow shall be used to satisfy 2003 real and personal
property taxes with such payment being made prior to February 14, 2004. To the extent
that the 2003 taxes owed are less than the amount in the escrow account, the balance in
the escrow account, both principal and interest, shall be returned to Burgess Norton. To
the extent that the 2003 taxes owed are more than the amount in the escrow account,
Burgess Norton shall pay the shortfall by February 14, 2004.
2. City Obligations. City agrees to do the following:
2.1 IFT Exemption Repayment. The City will forgo any IFT Exemption
repayment from Burgess Norton above the stated amount in Section 1.1.
2.2 IFT Revocation. The City will not take action on terminating the Burgess
Norton Industrial Facilities Tax Exemption Certificate prior to December 1, 2003.
2.3 Jeopardy Assessment. Upon or contemporaneous with the escrowing of
funds pursuant to paragraph 1.2, City shall release its jeopardy assessment.
3. Miscellaneous.
3 .1. Governing Law. This Agreement shall be governed in all
respects by the laws of the State of Michigan.
3 .2. Entire Agreement. This Agreement sets forth the entire
understanding of the parties with respect to its subject matter. This Agreement
supersedes and/or replaces any oral or written Agreement(s) relating to the
subject matter entered into by the parties before the date of this Agreement.
3 .3 Successors. All terms and conditions of this Agreement shall be
binding upon the parties, their successors, and assigns.
3 .4 Modification of the Agreement. This Agreement shall not be
amended except by a writing signed by all parties.
The parties have executed this Agreement as of ______, 2003, with the
consent and approval of their governing bodies. It is effective on the effective date set
forth above.
City of Muskegon
By_ _ _ _ _ _ _ _ _ _ _ _ __
Stephen J. Warmington, Mayor
and_ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, MMC, Clerk
Burgess Norton Mfg. Co.
Division of Amsted Industries, Inc.
By_ _ _ _ _ _ _ _ _ _ _ _ __
Its _ _ _ _ _ _ _ _ _ _ _ _ __
and· - - - - - - - - - - - - - - -
Its _ _ _ _ _ _ _ _ _ _ _ _ __
DRAFT
06/10/03
ESCROW AGREEMENT
This Escrow Agreement is made on _ _ _ _, 2003, by and between the City of
Muskegon, of933 Terrace Street, Muskegon, Michigan, 49443-0536 ("City"), Burgess Norton
Mfg. Co., a Division of Amsted Industries, Inc., of737 Peyton St., Geneva, IL, 60134-2189
("Burgess Norton") and Huntington Bank, a _ _ _ _ _ corporation ("Escrow Agent"),
with reference to the following facts:
Background
A. Burgess Norton and the City have agreed to use One Hundred Five Thousand
Dollars ($105,000) of the proceeds from the auction of Burgess Norton property to be used to
pay the 2003 property tax assessment for Burgess Norton. Remaining proceeds of the property
auction will be returned to Burgess Norton.
B. Burgess Norton and the City desire to enter into this Agreement in order to
establish an escrow account with Escrow Agent which shall be used to pay for Burgess
Norton's 2003 property tax assessment.
Therefore, parties agree as follows:
I. Escrow Deposit. On the date of this Escrow Agreement, Burgess Norton, for the
benefit of the City, has deposited the sum of One Hundred Five Thousand Dollars ($105,000)
into an interest bearing escrow account established with Escrow Agent (the "Deposit").
1.1 Buyer and Seller acknowledge and agree that the Deposit shall by held and
dispersed by the Escrow Agent in accordance with the terms and conditions set forth in
this Agreement. Escrow Agent acknowledges receipt of the Deposit.
2. Payment to City. Escrow Agent shall hold the Deposit in escrow and pay the
Deposit to the City by February 14, 2004, upon assessment of Burgess Norton's 2003 property
tax obligation. Burgess Norton and the City shall jointly authorize payment of the monies to the
City in writing upon said transfer.
2.1 In event the 2003 property tax assessment is for less than the balance in
the account, the remaining balance of the Deposit will be returned to Burgess Norton.
2 .2 In event the 2003 property tax assessment is for more than the balance in
the account, Burgess Norton agrees to pay, by February 14, 2003, the remaining property
tax balance due.
3. Termination. This Escrow Agreement shall terminate with the delivery of the
Deposit as directed above.
4. Interest. Any interest that is earned on the deposit shall be disbursed pursuant to
paragraphs 2.1 or 2.2.
5. Status of Escrow Agent. Escrow Agent, in the performance of its duties under
this Agreement, shall be deemed an independent party not acting as the agent of the City,
Burgess Norton, or other interested party. So long as Escrow Agent relies upon any payment
authorization signed by both Burgess Norton and the City, Escrow Agent shall have no liability
whatever to the parties for any error in such authorization, or for any act or omission by Escrow
Agent in reliance thereon. Escrow Agent shall be relieved of all liability upon release, in
accordance with this Agreement, of all amounts deposited with it pursuant to the this Agreement.
6. Miscellaneous.
a. Amendment. This Agreement shall not be changed except by a writing
executed by each party.
b. Notices. All notices, requests, demands, and other communications under
this Agreement shall be in writing and shall be deemed to have been duly given if delivered
or mailed, first class, postage paid, to the appropriate party at the party's address set forth in
this Agreement or to such other address that shall be designated in writing.
c. Governing Law. This Agreement shall be governed in all respects by the
laws of the State of Michigan.
d. Headings. The paragraph headings used in this Agreement are included
solely for convenience.
e. Entire Agreement. This Agreement sets forth the entire understanding of
the parties. This Agreement supersedes and/or replaces any oral or written Agreement(s)
relating to the subject matter entered into by the parties before the date of this Agreement.
f. Binding Effect. This Agreement, inclusive of its terms and provisions, shall
survive Closing and shall be binding on, inure to the benefit of, and be enforceable by, the
parties' heirs, legal representatives, successors, and assigns.
This Agreement was executed on the date set forth above.
City of Muskegon
By_ _ _ _ _ _ _ _ _ _ _ _ __
Stephen J. Warmington, Mayor
and- - - - - - - - - - - - - -
Gail A. Kundinger, MMC, Clerk
Burgess Norton Mfg. Co.
Division of Amsted Industries, Inc.
By: _ _ _ _ _ _ _ _ _ __
Name: _ _ _ _ _ _ _ _ _ _ __
Its: _ _ _ _ _ _ _ _ _ _ _ __
By: _ _ _ _ _ _ _ _ _ __
Name: _ _ _ _ _ _ _ _ _ _ __
Its: _ _ _ _ _ _ _ _ _ _ _ __
Escrow Agent - Huntington National Bank
By: _ _ _ _ _ _ _ _ _ __
Name: _ _ _ _ _ _ _ _ _ _ __
Its:- - - - - - - - - - - - -
2003-52 (g)
CONTRACT FOR PAYMENT OF JEOPARDY ASSESSMENT AND
INDUSTRIAL FACILITIES TAX
This Agreement is effective on M2 4/ 2003, between the City of Muskegon, of 933
Terrace Street, Muskegon, Michigan, 49443-0536 ("City") and Burgess Norton Mfg. Co., a
Division of Amsted Industries, Inc., of737 Peyton St., Geneva, IL, 60134-2189 ("Burgess
Norton").
Background
A. Burgess Norton applied for and received an Industrial Facilities tax exemption
beginning December 30, 1996.
B. The City and Burgess Norton entered into an Industrial Facilities Tax Exemption
(IFT) contract on November 18, 1996.
C. During 2003, Burgess Norton removed substantially all of its production facilities
and jobs, without transferring either to another facility in the City.
D. In April 2003, imposed a jeopardy assessment on the personal property
E. In April of 2003, Burgess Norton held an auction selling real property located at
the Burgess Norton facility in Muskegon, Michigan. The auction proceeds, approximately
$450,000, is being held by the auctioneer.
Agreement
Incorporating the above provisions, the parties agree as follows:
I. Burgess Norton Obligations. Burgess Norton agrees to do the following:
1.1 IFT Exemption Repayment. Burgess Norton will pay to the City
$112,390, plus interest at the rate of 6% on the outstanding balance from the date of
execution of this agreement, in five annual installments. The first installment is due upon
execution of this agreement. All future installments will be due on July 1. If a payment
is missed, the entire remaining balance agreed pursuant to paragraph 1.1 will accelerate
to the date in which payment is missed. Burgess Norton agrees to pay all attorney fees
incurred by City, including future attorney fees that may result from a missed payment, or
other breach, of this contract.
1.2 Jeopardy Assessment. Burgess Norton agrees to escrow, in an interest
bearing account, $105,000 with Huntington National Bank to pay all 2003 real and
personal property taxes attributable to the Burgess Norton facilities in Muskegon,
Michigan. The monies held in escrow shall be used to satisfy 2003 real and personal
property taxes with such payment being made prior to February 14, 2004. To the extent
that the 2003 taxes owed are less than the amount in the escrow account, the balance in
the escrow account, both principal and interest, shall be returned to Burgess Norton. To
the extent that the 2003 taxes owed are more than the amount in the escrow account,
Burgess Norton shall pay the shortfall by February 14, 2004.
2. City Obligations. City agrees to do the following:
2.1 IFT Exemption Repayment. The City will forgo any IFT Exemption
repayment from Burgess Norton above the stated amount in Section 1.1.
2.2 IFT Revocation. The City will not take action on terminating the Burgess
Norton Industrial Facilities Tax Exemption Certificate prior to December 1, 2003.
2.3 Jeopardy Assessment. Upon or contemporaneous with the escrowing of
funds pursuant to paragraph 1.2, City shall release its jeopardy assessment.
3. Miscellaneous.
3 .1. Governing Law. This Agreement shall be governed in all
respects by the laws of the State of Michigan.
3 .2. Entire Agreement. This Agreement sets forth the entire
understanding of the parties with respect to its subject matter. This Agreement
supersedes and/or replaces any oral or written Agreement(s) relating to the
subject matter entered into by the parties before the date of this Agreement.
3.3 Successors. All terms and conditions of this Agreement shall be
binding upon the parties, their successors, and assigns.
3 .4 Modification of the Agreement. This Agreement shall not be
amended except by a writing signed by all parties.
The parties have executed this Agreement as of June 2 4 , 2003, with the
consent and approval of their governing bodies. It is effective on the effective date set
forth above.
Burgess Norton Mfg. Co.
Division of Ams ed Industries, Inc.
Its f Ve< \deh T
and~ffl'--
lts (o(/\IV-() llev:
p, 1
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333 North Cedar St. • l..1t,5jn9, Mr 46912
Phone: ~17.267,1502 • Fnx; ~17.267.89!>5 Meridian
m(!SJ?!Odt1diQ1)@_1_1ol.com Entertainment Group
To: Bryon Mazade From: Kevin Meyer
Fax: (231) 722-1214 Pagff: 1 of 6
Phone: (231)72¼724 Date, 6-24--03
Re: Permit for 6126/03. Pyro, LL Coot J CC: file
S Urgent O For Review D Please Comm- D Please Reply O Pleoso R0<:ycle
Brian, attached is the application, cert.
Of insurance, and stage plot as faxed
on 6/20. Let me know if this is still
possible. My office is 517-267-1502, my
cell is 517-410-5914.
Thanks,
Kevin Meyer
200;3-52 (h)
PERMIT
FOR FIREWORKS DISPLAY
Act 358, P.A. 1968
This permit is not transferable. Possession of this permit by the herein named person will
authorize him to possess, transport and display fireworks in the amounts, for the purpose, and
at the place listed below only.
TYPE OF DISPLAY: (X) PUBLIC DISPLAY ( ) AGRICULTURAL PEST CONTROL
ISSUED TO:
NAME Tom Brewer
ADDRESS AGE
1708 Guill Rd. 39
REPRESENTING
NA>"v!E OF ORGANlZATION, GROUP, FIRM OR CORPORATION
SACHA MONAST
ADDRESS
7676 Woodbine Ave., #8 Markham, ON
NUMBER & TYPES OF FIREWORKS: See Attached
DISPLAY:
EXACT LOCATION
Heritage Landing, Summer Celebration
CITY. VILLAGE, TOWNSHIP DATE TIME
June 26 2003 9:00PM
BOND OR rNSURANCE FILED: () NO AMOUNT 5,000,000.00
ISSUED BY·
Issued by action of the M1/SKEGON CITY COMMISSION
(council, commiuion. bot.rd)
of the CITY of Ml/SKEGON
(city, v1ll1!Je_ ti:iwrullip)
{11!J11•rure &. po1it1on of .:ouncil, commission or board rcpresenutive)
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~b/L~/2003 ll:51 905-479-3515 PVROtEK SPECIAL EFFS PAGE 0&/08
,.-,-.)2( \i•N)
APPUCATION
FOR FIREWORKS DISPLAY PERMIT
Ac, 358, P.A. 1968
i OAT'I ~ A""""'IC'AT/0111
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LLCOOLJ
EFFECTS LIST
25 20 x 20 Silver Gerb Waterfall
- lnclud~s one demo
7 Preload,xi Flash w/1 x 20 Silver Gerb each
- J ncluccs One Demo
13 Fireballs - Includes one demo
2 Propane Torches
--.-.............. •·--··---------- ------···--·~~·····-····--··········••. .,.,.,.
Ef·.FICTS DESCRIPTION
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Gex-b- Tube devi.c~ t~at emits a spray of silvet sparks, duration depends on
device; i.e. 8ioo~ 8 seconds by 10ft, ½ x20= ½ second by 20ft.
Gex-b Wateriall · Tube devices are placed in Close Proximity to create the
illusion of a watedall.
P.-e-Loadw F1a.sh - Pre-measured manufactured flash powder in flash pot.
Emit.s a bright flash approximately 1/2 second duration, 3 ft in height.
Dragons/ Torches -A propane fed device with a cootrollable column offla:mc
and/ or fireball, height adjustable between s and 40ft for tlie Dragons and 6
inches to 2 feet for the Torches.
7676 wooDBIN£Av£. Sur,-,;# 8 1 MAI\J• • FAX Q0S·479·as>:,
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Jun" I0'~.200.l
01\ 1·.t: OF IS,'ilJF. . ST((INGCft.. VM.!~$ll)l:
933 Terrace Street
Muskegon,MI 49440
OFFICE 231-724-6705
FAX 231-724-4178
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11:51 90~•479-3515 PVR0TEK SPECIAL Ee~S
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PACE/S) 05
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\10D!, STANO ARO
EMC
7676 WoodbinitA,•e. Uniti 7&8
Miarkham, ON l.3R ::N,.
800..4th-9910 Main PYROTEK SPECIAL EFFECTS
905-479-3s,s Fax
Linda From: Sa~hu !vronJSt
P"l:"" ~inclmling cover
Oat!!! foday, Jul'lc- zo 111 , 2003
LL Cvol.J CC,
0 Plca,,e Co""1lellt • Please Reply
•Comnwnts:
Hello Linda,
l-!ere is the application JS well as a certificate of lnst1rance an effects list as i,·ell as a
:stage plor. lf _,·ou have any questions please feel free to ask.
Toanks
.?f71/1o~'i v ~
SachaMo.Lst.l