City Commission Packet 05-10-2005

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      CITY OF MUSKEGON
        CITY COMMISSION MEETING
                           MAY 10,2005
     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 INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
       B. Sale of Buildable Vacant Lot on Dudley Street.         PLANNING &
          ECONOMIC DEVELOPMENT
      C. Beach Peddler Agreement. Polish Wafer Ice. ASSISTANT CITY MANAGER
      D. ASCAP Music License. CITY MANAGER
      E. Purchase of Garbage Carts. PUBLIC WORKS
      F. Request to Enter Info an Agreement with DOCVIEW, LLC. PUBLIC SAFETY
o   PUBLIC HEARINGS:
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o   UNFINISHED BUSINESS:
      A. First Quarter 2005 Budget Reforecasf. FINANCE
o NEW BUSINESS:
      A. Sale of 625 Ottawa Street Excluding the Right of Way.   PLANNING &
         ECONOMIC DEVELOPMENT
      B. Amendment to Non-Union Rx Benefit. FINANCE
          C. Extension 2004    2005 Bethany Housina Community Housing
             Development Organization CCHDO} Agreement., COMMUNITY AND
             NEIGHBORHOOD SERVICES
          D. Reallocation of 1997 CHDO Funds to Habitat for Humanity for Jimmy
             Carter Built Project. COMMUNITY AND NEIGHBORHOOD SERVICES
          E. Lead Based Paint Abatement at 1983 Hoyt.                                        COMMUNITY AND
             NEIGHBORHOOD SERVICES
          F. Approval of Contractor for Completion of Rehabilitation of Structure at
             1983 Hoyt. COMMUNITY AND NEIGHBORHOOD SERVICES
          G. First Reading, Amend the City Code of Ordinances, to Repeal Chapter
             102, Vehicles for Hire. LEGISLATIVE POLICY COMMITTEE
          H. Liquor License Request - D & L of Michigan, LLC, 441 W. Western. CITY
             CLERK
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
)>   Reminder: Individuals who would like to address the City Commission shall do the following:
>    Fill out a request to speak form attached to the agenda or located in the back of the room.
>     Submit the form to the City Clerk.
>    Be recognized by the Chair.
)>   Step forward to the microphone.
>    State name and address.
)>   Limit of 3 minutes to address the Commission.
>    {Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
o 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, Ml49440 OR BY CALLING (231) 724-6705 OR TOO; (231)
724-4172.
Date:    May 10,2005
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 Regular
Commission Meeting that was held on Tuesday, April 26, 2005.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
          CITY OF MUSKEGON
            CITY COMMISSION MEETING
                                MAY 10,2005
         CITY COMMISSION CHAMBERS@ 5:30P.M.
                                        MINUTES

   The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933
Terrace Street, Muskegon, Michigan at 5:30p.m., Tuesday, May 10,2005.
   Mayor Warmington opened the meeting with a prayer from Pastor Sarah Johnson of
the Word of Truth Outreach after which the Commission and public recited the Pledge
of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
  Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioner Chris
Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence Spataro, City
Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Gail Kundinger.
2005-43 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting
that was held on Tuesday, April 26, 2005.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Sale of Buildable Vacant Lot on Dudley Street.           PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 1275 Dudley
Avenue to Lawrence Baker, 835 Stevens Street, Muskegon, MI. The lot is 181.7 x 135.9 x
279.85 X 165 X 125.3 ft. and is being offered to Mr. Baker for $9,750. He will be splitting
the property into 2 (two) lots in order to build 2 (two) single-family homes, which will
comply with the City's Policy for Sale of City-Owned Residential Property. The True Cash
Value (TCV) for the property listed in the Assessor's office is $17,000, so our price is set at
$12,750 which is 75% of that amount.
FINANCIAL IMPACT: The sale of this lot for construction of 2 (two) new homes will
generate additional tax revenue for the City and will place the property back on the
City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor
and the Clerk to sign the resolution and deed.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee recommends
approval of the sale and that the sale price should be $9,750 due to the steep slope of
the property and the amount of clean fill that would be required in order to build the
homes.
      C. Beach Peddler Agreement, Polish Water Ice. ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: To authorize the Mayor to sign a one-year agreement between
the City of Muskegon and Polish Water Ice, Inc. to sell their product (Polish Water Ice) on
Pere Marquette beach.
FINANCIAL IMPACT: None. (Polish Water Ice, Inc. will pay the City $3,000).
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION: The Leisure Services Board recommends approval.
      D. ASCAP Music License. CITY MANAGER
SUMMARY OF REQUEST: To approve an agreement with ASCAP, which provides
permission for the City to use copyrighted music.
FINANCIAL IMPACT: $268 a year.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement with ASCAP.
      E. Purchase of Garbage Carts. PUBLIC WORKS
SUMMARY OF REQUEST: Our stock of replacement garbage carts is now low enough
that we need to purchase another truck-load. We have quotes from the two vendors
that we have used in the past. Rehrig Pacific of Lawrenceville, Georgia is the low
bidder at $41 per cart for a total of $22,632 for 552 carts. Therefore we are requesting
your approval to purchase these replacement garbage carts from Rehrig Pacific.
FINANCIAL IMPACT: This purchase was budgeted in the General Sanitation Budget.
BUDGET ACTION REQUIRED: None is needed.
STAFF RECOMMENDATION: Approve the purchase.
      F. Request to Enter Into an Agreement with DOCVIEW. LLC. PUBLIC SAFETY
SUMMARY OF REQUEST: Police Department staff request that the Commission authorize
the Director of Public Safety to enter into a service agreement with DOCVIEW LLC of
Lansing, Michigan. DOCVIEW provides an internet-based service known at TRAC View.
The TRAC View service allows for internet access and acquisition of traffic collision
reports. Citizens, Insurance Companies, Attorneys, etc. will now be able to purchase
collision reports on line and not have to make a trip to the Police Department, though
reports may still be purchased in person.
FINANCIAL IMPACT: There is no cost to the City for implementing this service. We will still
receive our compensation for each downloaded report. This will be provided to us on a
quarterly basis by DOCVIEW. Currently we have one staff position in Records assigned
to handle collision reports. We anticipate that this will free-up the bulk of this person's
time and allow her to attend to other duties.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
Motion by Commissioner Carter, second by Vice Mayor Larson to approve the Consent
Agenda as read.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Warmington
            Nays: None
MOTION PASSES
2005-44 UNFINISHED BUSINESS:
      A. First Quarter 2005 Budget Reforecast - Adoption. FINANCE
SUMMARY OF REQUEST: Staff has previously transmitted the First Quarter 2005 Budget
Reforecast which outlines proposed changes to the original budget that have come
about as result of changes in policy priorities, labor contracts, updated economic
conditions, or other factors. At this time staff is recommending adoption of the budget
reforecast together with any additional changes deemed necessary by Commissioners.
FINANCIAL IMPACT: First quarter proposed changes to the General fund are relatively
minor. The most recent information from the state indicates that 2005 state shared
revenues will be $13,657 less than originally projected. A state revenue conference is
scheduled for May at which time further information may emerge. A more significant
shortfall is forecast for the CDBG allocation to the General Fund: the original budgeted
amount of $400,000 has been reduced to $250,000 reflecting the deterioration of CDBG
revenues. Other general fund revenues appear to be in line with original projections.
Proposed expenditure changes to the General Fund are minor resulting in an overall
$5.348 increase in projected costs. This figure incorporates the change resulting from
the personnel adjustments related to the housing inspections matter.
The most significant change included in the first quarter reforecast is in the Public
Improvement Fund.        Two new fire trucks ($800,000) and Fisherman's Landing
improvements ($175,000) have been added. At the time the original budget was
prepared, it was thought that one truck would be under contract in 2004. This did not
occur and, since that time, it has become apparent from rising maintenance costs that
a second truck is warranted. The Fisherman's Landing improvements have been
previously discussed and involve an agreement for the Fisherman's Landing group to
repay the City over time.
BUDGET ACTION REQUIRED: Self-explanatory.
STAFF RECOMMENDATION: Staff recommends formal approval of the Reforecast and
related budget amendments.
Motion by Vice Mayor larson, second by Commissioner Shepherd to approve the first
quarter 2005 Budget Reforecast with amendments.
ROLL VOTE: Ayes: Davis, Gawron, larson, Shepherd, Spataro, Warmington, and Carter
             Nays: None
MOTION PASSES
2005-45 NEW BUSINESS:
      A. Sale of 625 Ottawa Street Excluding the Right of Way.               PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of the vacant property at 625 Ottawa
Street excluding the ROW for Shoreline Drive to MIJU Corporation, 2597 Memorial Drive,
Muskegon, MI. The lot is currently 17 4 x 181 ft. with the ROW included and is being
offered to MIJU Corporation for $52,334.66 ($3.22 per square foot). Mr. Frazier, owner of
MIJU Corporation, will be utilizing this property for the adjacent business. Mr. Frazier has
also signed a purchase agreement.
FINANCIAL IMPACT: The sale of this lot will generate additional tax revenue for the City
and will place the property back on the City's tax rolls thus relieving the City of
continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor
and the Clerk to sign said resolution and deed.
Motion by Vice Mayor larson, second by Commissioner Spataro to approve the sale of
625 Ottawa Street excluding the right-of-way.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis
            Nays: None
MOTION PASSES
      B. Amendment to Non-Union Rx Benefit. FINANCE
SUMMARY OF REQUEST: Most active city employees elect healthcare coverage
through the Priority Health HMO program. However, a small number (7) still have
coverage through the city's "self-insured" plan. With rising healthcare costs, staff has
periodically recommended changes in the Rx co-pay for the HMO plan. Due to an
oversight. the Rx co-pay for non-union members of the self-insured plan was not
adjusted at the start of the year when other benefit changes were made. At this time, it
is recommended that the Rx co-pay be increased from $2 generic/$5 brand-name to
$20 generic/$40 brand-name.         This change will directly impact one non-union
employee currently enrolled in the self-insured plan and will indirectly impact a second
clerical-union employee whose contract tie-bars their co-pay to the non-union level.
The $20/$40 co-pay is consistent with co-pays in place or being negotiated with other
employee groups. Making this change now gives affected employees the chance to
consider options during the City's open enrollment period.
FINANCIAL IMPACT: Greater sharing of Rx costs between City and affected employees.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the proposed amendment to the City's Non-
Union Salary Rx co-pay.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve the
amendment to the City's non-union salary prescription co-pay.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
            Nays: None
MOTION PASSES
      C. Extension 2004 - 2005 Bethany Housing Community Housing Development
         Organization CCHDOl Agreement.      COMMUNITY AND NEIGHBORHOOD
         SERVICES
SUMMARY OF REQUEST: To direct the Mayor and City Clerk to sign the 2004-2005
extension agreement for the CHDO Bethany Housing for Fifty Five Thousand Dollars. The
funding will be used to rehabilitate the Bethany owned transitional house at 380-382
Houston. After the Mayor and Clerk sign the extension contract the CNS Office will
retain one copy for our files and a copy will be supplied to the Clerk's Office and one to
Bethany Housing. If the project is not completed by December 31, 2005, the City of
Muskegon will recapture the funding.
FINANCIAL IMPACT: Funding will be allocated from the 2004-2005 HOME programs.
BUDGET ACTION REQUIRED: The Commission previously approved the funding.
STAFF RECOMMENDATION:         To direct the Mayor and Clerk to sign the extension
agreements.
Motion by Commissioner Carter, second by Commissioner Spataro to approve the
extension of the 2004-2005 Bethany Housing Community Housing Development
Organization Agreement for 380-382 Houston and direct staff to address the parking
situation for the tenants.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson
            Nays: None
MOTION PASSES
      D. Reallocation of 1997 CHDO Funds to Habitat for Humanity for Jimmy Carter Built
         Project. COMMUNITY AND NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To direct staff to reallocate unused 1997 HOME CHDO funding
of Thirty Thousand Seven Hundred and Seven Dollars ($30,707) to Habitat for Humanity
to assist them with their housing blitz project this summer formally known as the Jimmy
Carter Built project. The original funding was allocated to another CHDO in 1997 and
the funding was never spent. Therefore it is the request of the CNS to have the funding
allocated to Habitat for Humanity.
FINANCIAL IMPACT: Funding will be allocated from the 1997 HOME funds allocation.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To direct staff to have the documents signed by the Mayor
and the Clerk.
COMMITTEE RECOMMENDATION:            The previous allocation was approved by the
Commission and the Citizen District Council.
Motion by Commissioner Spataro, second by Commissioner Carter to approve the
reallocation of 1997 CHDO funds to Habitat for Humanity for Jimmy Carter Built Project.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
            Nays: None
MOTION PASSES
      E. Lead Based Paint Abatement            at   1983   Hoyt.     COMMUNITY      AND
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the bid with Success Builders. 2722 E. Broadway,
Muskegon, Michigan for the lead based paint abatement of the city-owned home at
1983 Hoyt for $18,900. The other bid received was from A-1 Professional Construction, 15
North Park, Grand Rapids, Michigan for $20.400. After the lead base paint abatement is
complete, the structure will be totally rehabilitated and then sold to a qualified low to
moderate-income homebuyer.
FINANCIAL IMPACT:     Cost of the abatement will be allocated from the 2003 HOME
budget.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the bid and authorize staff to contract the work
with Success Builders of Muskegon.
Motion by Commissioner Spataro, second by Commissioner Davis to approve the lead-
based paint abatement at 1983 Hoyt.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and Spataro
            Nays: None
MOTION PASSES
      F. Approval of Contractor for Completion of Rehabilitation of Structure at 1983
         Hoyt. COMMUNITY AND NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Lewis Johnson Construction, 1607
Bonita Court of Grand Haven for the completion of the rehabilitation of 1983 Hoyt for
Fifty Six Thousand Nine Hundred ($56,900). The structure was obtained by the City of
Muskegon through the "Good Neighbor Program" from the U.S. Department of Housing
and Urban Development for the total cost of one dollar ($1.00). After the final
rehabilitation is completed, the property will be sold to a qualified family in accord with
the City's neighborhood revitalization efforts, continuing the City's aggressive
neighborhood revitalization efforts. The CNS Office received four proposals for this
project. The other three were: Top Notch Design, 4740 Jenson, Fruitport, ($66,535);
Wasco/Briggs, 210 E. Broadway, Muskegon Heights, ($73,613); R&R Smith, 2251 W. Giles
Road, North Muskegon, ($80,87 4).
FINANCIAL IMPACT: The funding for this project will be taken from the City's HOME funds
from fiscal year 2003 and program income.
BUDGET ACTION REQUIRED: None required.
STAFF RECOMMENDATION:        To approve the Community and Neighborhood Services
request.
COMMITIEE RECOMMENDATION: The Commission approved for the CNS Office to
obtain this home through the "Good Neighbor Program".
Motion by Commissioner Gawron, second by Commissioner Shepherd to approve the
contract with Lewis Johnson Construction for the completion of the rehabilitation of 1983
Hoyt for $56,900.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Warmington
            Nays: None
MOTION PASSES
      G. First Reading, Amend the Citv Code of Ordinances, to Repeal Chapter 102,
         Vehicles for Hire. LEGISLATIVE POLICY COMMITTEE
SUMMARY OF REQUEST: To repeal and reserve Chapter 102, Vehicles for Hire, of the City
of Muskegon Code of Ordinances.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt the ordinance.
COMMITTEE RECOMMENDATION: This was discussed at the April 27th Legislative Policy
Committee Meeting.
Motion by Commissioner Spataro, second by Commissioner Gawron to amend the City
Code of Ordinances to repeal Chapter 102 regarding Vehicles for Hire.
Motion by Commissioner Spataro, second by Vice Mayor Larson to table the
amendment to the City Code of Ordinances to repeal Chapter 102 regarding Vehicles
for Hire to the June 13th Commission Worksession.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and Carter
            Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to extend the current
licenses until this item is resolved.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis
            Nays: None
MOTION PASSES
      H. Uguor License Request- D & L of Michigan, LLC, 441 W. Western. CITY CLERK
SUMMARY OF REQUEST:            The Liquor Control Commission is seeking local
recommendation on a request from D & L of Michigan, LLC, to transfer ownership of the
2004 Class C-SDM licensed business with dance permit and outdoor service (1 area),
located in escrow at 3621 Getty, Norton Shores, from North-Saylor, Inc. and to transfer
location to 441 W. Western, Muskegon.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:        The Police Department is recommending denial of the
request.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to approve the liquor
license transfer.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
            Nays: None.
MOTION PASSES
2005-46 CLOSED SESSION: To discuss pending litigation and collective bargaining.
Motion by Commissioner Carter, second by Commissioner Spataro to go into Closed
Session at 7:16p.m. to discuss pending litigation and collective bargaining.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson
            Nays: None
MOTION PASSES
Motion by Vice Mayor Larson, second by Commissioner Shepherd to come out of
Closed Session at 8:00 p.m.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
           Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to concur with the
City Attorney's recommendation.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and Spataro
           Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 8:02 p .m.


                                        Respectfully submitted,




                                        Gail A. Kundinger, MMC
                                        City Clerk
                 Commission Meeting Date: May 10, 2005

Date:                 April 27, 2005
To:                   Honorable Mayor & City Commission
From:                 Planning & Economic Development Department                             c0G-
RE:                   Sale of Buildable Vacant Lot on Dudley Street


SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 1275 Dudley Avenue (Parcel #24-610-000-
0147-00) to Lawrence Baker, 835 Stevens Street, Muskegon, MI. The lot is 181.7 x 135.9 x
279.85 x 165 x 125.3 ft. and is being offered to Mr. Baker for $9,750. He will be splitting the
property into 2 (two) lots in order to build 2 (two) single-family homes, which will comply with
the City's Policy for Sale of City-Owned Residential Property. The True Cash Value (TCV)
for the property listed in the Assessor's office is $17,000, so our price is set at $12,750
which is 75% of that amount.

FINANCIAL IMPACT:
The sale of this lot for construction of 2 (two) new homes will generate additional tax
revenue for the City and will place the property back on the City's tax rolls thus relieving the
City of continued maintenance costs.

BUDGET ACTION REQUIRED:
None

STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and deed.

COMMITTEE RECOMMENDATION:
The Land Reutilization Committee recommends approval of the sale and that the sale price
should be $9,750 due to the steep slope of the property and the amount of clean fill that
would be required in order to build the homes.




4127105
                                     Resolution No. 2005-43(b)

                              MUSKEGON CITY COMMISSION


RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT I275 DUDLEY
A VENUE IN MARQUETTE NEIGHBORHOOD FOR $9,750 as recommended by the Land
Reuti lization Committee at their regular meeting of April 26, 2005 .

WHEREAS, Lawrence Baker has placed a $400 deposit for the parcel designated as parcel
number 24-610-000-0147-00, located at 1275 Dudley Avenue; and

WHEREAS, the price for parcel number 24-610-000-014 7-00 is set by the City at $12,7 50,
which is 75% of the True Cash Value (TCV) listed in the City Assessor's Office; and

WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of
fUJther maintenance costs; and

WHEREAS, the sale is not consistent with City policy regarding the disposition of buildable lots,
due to the steep slope of the property and the amount of clean fill that will be required in order to
build the homes.

NOW THEREFORE BE IT RESOLVED, that parcel number 24-610-000-0147-00, located at
1275 Dudley Avenue be sold to Lawrence Baker for $9,750.


         CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 1 LOTS 147 THRU 149
                                INCL

Adopted this 10111 day of May 2005

Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Wannington

Nays: None

Absent: None




                                                                   Gail Kundinger, MM
                                                                   City Clerk
                                         CERTIFICATION

                                             2005-43(b)

I hereby certify that the foregoing constitutes a true and complete copy of a i·esolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on May 10, 2005.                                   By:       ~~

                                                                            Gail Kundinger,       MC
                                                                            City Clerk
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                                        Transnation Title Insurance Company
                                             570 Seminole Rd Ste 102
                                               Muskegon, MI 49444

Escrow Officer: Kimber VanderWall                                                                 Title No.: MUS438571
                                                                                                       Date: 06/15/2005
                                          SELLER'S SETTLEMENT STATEMENT


Seller(s):       City of Muskegon, a municipal              Buyer(s):   Lawrence Baker
                 corporation

Property:        1275 Dudley Avenue
                 Muskegon, MI 49442
                 Muskegon Urban Renewal 1, Lot 147-149

                                                                                    DEBIT                   CREDIT

Contract Sales Price                                                                                          $9,750.00
Earnest money held by seller                                                           $400.00
Sidewalk Assessment to City of Muskegon                                                $744,.30


Commission Paid at Settlement                                                             $0.00
                              to
                              to
Settlement or closing fee to LandAmerica Transnation                                   $200.00
Title insurance to LandAmerica Transnation                                             $226.00
                                       ***** Sub Total                               $1,570.30                $9,750.00
Balance Due To Seller                                                                $8,179.70
Total                                                                                $9,750.00                $9,750.00


                      The above figures do not include sales or use taxes on personal property.
                                            APPROVED AND ACCEPTED

                                                              Broker:
City of Muskegon, a municipal
corporation
                                                              By:


s,Ctkt;o m.~tth 0 0        Q
  Hop~ Fimu,, -Asst.. Planner /
       nMeho.il
                                                                          Commitment No: MUS438571



                           ADDENDUM TO PURCHASE AGREEMENT
 Relative to the Purchase Agreement by and between City of Muskegon, a municipal corporation
 as Seller(s) and Lawrence Baker as Buyer(s) of property located at 1275 Dudley Avenue,
 Muskegon, MI 49442 dated 5/10/05, it is hereby agreed that the said Purchase Agreement is
 amended as follows:

 The complete legal description is attached. Closing date to be June 15, 2005.

 All other terms and conditions of said Purchase Agreement remain unchanged.

         ·     r .   Oj~
        ·.(~'_--_i__
 Date: __          J ___________________


City of Muskegon, a municipal
corporation
                                        EXHIBIT A



                                                                 File Number- MUS438571

Legal Description:

Lots 147 through 149, inclusive, Muskegon Urban Renewal Plat No, 1, as recorded in Liber 19 of
Plats, Pages 6 through 8, Muskegon County Records.
                          BUYERS ACCEPT PROPERTY "AS IS"

 Date: June 15, 2005


 Property:  1275 Dudley Avenue
            Muskegon, MI 49442
 Commitment No.: MUS438571


       We, the undersigned, being the buyers of the above captioned property, understand and
 acknowledge that Buyer(s) are buying the property in an "AS IS" condition and that neither the
 Seller(s) nor Realtor make any warranties as to the structure(s) located upon the land purchased
 or the condition thereof.

       Further, the undersigned agree to indemnify, save and hold harmless and and Transnation
Title Insurance Company, from any responsibility and/or liability, loss or damage relative thereto.

      The foregoing agreement is hereby accepted and approved on June 15, 2005.




J=:~{'~N<:.:'\:.. ~~"c\'.-
Lawrence Baker
                                     CONTINGENCY REMOVAL

  Date: June 15, 2005

  Property:   1275 Dudley Avenue
              Muskegon, MI 49442

 Seller(s):   City of Muskegon, a municipal corporation

  Buyer(s):   Lawrence Baker

 Commitment No.: MUS438571


          In reference to the sales agreement dated 5/10/05 between the Buyer(s) and Seller(s)
 herein identified, and all subsequent addendums to that agreement for the property stated above,
 it is agreed by the Buyer(s) and Seller(s) that all contingencies pursuant to said agreement, have
 been met, resolved or removed to the satisfaction of all parties concerned.

        Further, the undersigned agree to indemnify, save and hold harmless and and
 Transnation Title Insurance Company, from any responsibility and/or liability, loss or damage
 relative thereto.




~--"'~'---
       --,-v--<.__V'-I._L_'-____,~..L__-
                                     _C_'-c_l'-
~rence Baker

City of Muskegon, a municipal
corporation
Date: June 15 2005
Commitment No.: MUS438571
Property Address: 1275 Dudley Avenue, Muskegon, Michigan 49442

The undersigned hereby acknowledge receipt of a Request to Rescind Homeowner's Principle
Residence Exemption Affidavit form (Michigan Department of Treasury Form No. 26092) as same is
required by Public Act 237 of 1994.

,-)The undersigned do not request that Transnation Title Insurance Company file the form on their
-~half.
0  The undersigned have fully and properly completed the form and request that Transnation Title
Insurance Company file the form with the appropriate local tax collecting unit. The undersigned
acknowledges and agrees that the Company will mail the form by first class mail, and that the
Company shall not be liable in the event that any of the information provided on said form is
inaccurate or incomplete, or in the event that said form is not received or properly processed by the
local tax collecting unit.


Sellers:

City of Muskegon, a municipal
corporation




                                Transnation Title Insurance Company
                             570 Seminole Rd Ste 102, Muskegon, Ml 49444
                               Phone: 231-737-9111 Fax: 231-737-7304
      ACKNOWLEDGEMENT OF HOMEOWNER'S PRINCIPLE RESIDENCE EXEMPTION
     AFFIDAVIT AND REQUEST TO RESCIND HOMESTEAD EXEMPTION AND PROPERTY
                             TRANSFER AFFIDAVIT

 Date: June 15, 2005
 Commitment No.: MUS438571
 Property: 1275 Dudley Avenue, Muskegon, MI 49442

 The undersigned herby acknowledges receipt of Property Transfer Affidavit form (Michigan
 Department of Treasury Form No. L-4260) as same is required by Public Act 415 of 1994 which
 imposes obligations on buyers/transferees to file said form within 45 days of the date of transfer.
 The undersigned further acknowledges that Transnation Title Insurance Company is under no
 obligation to provide said form but does as an accommodation to the undersigned. The
 undersigned assumes all liability relative to compliance with the Act and, accordingly, holds the
 Company harmless from and against any liability relative thereto.

 Please check one of the following:

 D  The undersigned do not request that Transnation Title Insurance Company file the form on
 their behalf.

'r/ The undersigned have fully and properly completed the form and request that Transnation
·tibe Insurance Company mail the form by first class mail and acknowledges that the Company
 shall not be liable in the event that any of the information provided on said form is inaccurate or
 incomplete, or in the event that said form is not received or properly processed by the local tax
 collecting unit.

The undersigned herby acknowledge receipt of the Homeowner's Principle Residence Exemption
Affidavit (Michigan Department of Treasury Form No. 2368) as same is required by Public Act 415
of 1994 which imposes obligations on Purchasers/Transferees to file the form within 45 days of
the date of transfer. The undersigned further acknowledge(s) that Transnation Title Insurance
Company is under no obligation to provide said form but does so as an accommodation to the
undersigned. The undersigned assume(s) all responsibility relative to compliance with the Act
and, accordingly, holds the Company harmless from and against any liability relative thereto.

WThe undersigned do not request that Transnation Title Insurance Company file the form on
~r behalf.
D   The undersigned have fully and properly completed the form and request that Transnation
Title Insurance Company mail the form by first class mail and acknowledges that the Company
shall not be liable in the event that any of the information provided on said form is inaccurate or
incomplete, or in the event that said form is not received or properly processed by the local tax
collecting unit.

BUYERS:




~
            I 'tf'--I.S.__c-
 wrence Baker
                                                                                                                                                          L-4260
  Mid1igan Department of Treasury
  2766 (Rev. 7-00)
                                                                                                                           Tllis form is issued under authority of
   PROPERTY TRANSFER AFFIDAVIT                                                     P.A. 415 of 1994. Filing is mandato1y.

  This form must be filed whenever real estate or some types of personal property are transfen·ed (even if you
  are not recording a deed). It is used by the assessor to insure the rroperty IS assessed properly and rece1 ves
  the correct taxable 1•alue. It must be filed by the new owner With the assessor for the city or township
  where the propetty is located within 45 days of the transfer. If it is not filed timely, a penalty of $5/day
  (maximum $200) applies. The information on this form is NOT CONF;-:ID.;.:.;,E'"'N_T:-;-;;;IA::::L::::.;:c-;----c:-c:;-:-=::::::::=-::=:;;--,
  1. Street Address of Property                                            2. County                           4. Date of Transfer (or land contract was signed)
  1275 Dudley Avenue                                                       Muskegon                            June 15.2005

  3. Cityn'ownship!Village of Real Estate                                  Township/City/Village

  City                                                                     Muskegon                            5. Purchase Price of Real Estate
                                                                                                               $9,750.00

  6. Property Identification Number (1'/Nl. lfyou don't have a PIN, attach a legal description.                PIN. This number ranges from 10 to 25 digits. It
  61-24-610-000-0145-00,                                                                                       usually includes hyphens and sometimes includes
                                                                                                               letters. It is on the property tax bill and on the
                                                                                                               assessment notice.

  7. Seller's (Transferor) Name                                            8. Buyer's (Transferee) Name and Mailing Address
  City of Muskegon, a municipal corporation                            J   Lawrence Baker

  Hems 9-13 are optional. However, by completing
                                                                           1~'15   Bodle;• 4"enue          '6:::, s 5 \-..:. ~ '<..1\J:>
  them you may avoid further correspondence.
                                                                           ~4Hsl~e~fm ~H       49442       )'Y\_ ""--''" 11--... . ('(\   :c '-( q '-\ '-\ 'L

          Transfers include deeds, land contracts, transfers involving     I
          trusts or wills, certain long-term leases and interest in a 9 . Type of Transfer?
          business. See the back for a complete list.                   _

             I 0. Is the transfer between related persons?
                                                                                                   Ill.   Amount of Down Payment


         l12. If you financed the purchase did you pay market rate of jnterest?                      13. Amount Financed (Borrowed)
 Exe1nptions _____________________________________________________________________________________

 The Michigan Constitution limits how much a property's taxable value can increase while it is owned by the same person. Once
 the property is transferred, the taxable value must be adjusted by the assessor in the following year to 50 percent of the
 property's usual selling price. Certain types of transfers are exempt from adjustment. Below are brief descriptions of the types of
 exempt transfers; full descriptions are in MCL Section 211.27a(7)(a-n). If you believe this transfer is exempt, indicate below the
 typ~ of exemption you are claiming.                If you claim an exemption, your assessor may request more information to support your
 clmm.
     D       transfer from one spouse to the other spouse
     D       change in ownership solely to exclude or include a spouse
     D       transfer of that portion of a property subject to a life lease or life estate (until the life lease of life estate expires)
     D       transfer to effect the foreclosure or forfeiture of real property
    D        transfer by redemption from a tax sale
    D        transfer into a trust where the settlor or the settlor's spouse conveys property to the trust and is also the sole beneficiary of the trust
    D        transfer resulting from a court order unless the order specifies a monetary payment
    D        transfer creating or ending a joint ownership if at least one person is an original owner of the property (or his/her spouse)
    D        transfer to establish or release a security interest (collateral)
    D        transfer of real estate through normal public trading of stocks
    D        transfer between entities under common control or among members of an affiliated group
    D        transfer resulting from transactions that qualify as a tax~ free reorganization
    D        transfer of qualified agricultural property when the prope1ty remains qualified agricultural property and affidavit has been filed.
    D        other, specify:
Certification--,---,---,-------,-----,.------------:----~--------,------------------------------------------­
/certify that the information above is true and complete to be best of my knowledge.
                                                                                       ~~~~~--~~--~--------.
~~1er's Signature                    '2_ ~-- .                  Date                   If signer is other than the owner, print name and title.
U" cu._,.__,'{' U'-\.C~ ~"-q.-                                  C9/tS              I
                                                QUIT-CLAIM DEED

KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal cmporation, of
933 Terrace Street, Muskegon, Michigan 49440,

QUIT CLAIMS to LAWRENCE BAKER, a married man, of 835 Stevens, Muskegon, Michigan 49442,

the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:

         CITY OF MUSKEGON URBAN RENEWAL PLAT NO. I, LOTS 147 THRU 149, INCLUSIVE

for the sum ofNine Thousand Seven Hundred Fifty and no/100 Dollars ($9,750.00)

PROVIDED, HOWEVER, Grantee, or its assigns, shall complete construction of one (2) single family homes on the
premises herein conveyed within eighteen ( 18) months after the date hereof. In default of such construction, title to
the premises shall revert to the City of Muskegon free and clear of any claim of Grantee or its assigns. In addition,
the City of Muskegon may retain the consideration for this conveyance free and clear of any claim of Grantee or its
assigns. Buyer shall remove only those trees necessary for construction of the homes and driveways. "Complete
construction" means: (I) issuance of a residential building permits by the City of Muskegon; and, (2) in the sole
opinion of the City of Muskegon's Director of Inspections, substantial completion of the dwellings described in the
said building permits. In the event of reversion oftitles of the above-described premises, improvements made
thereon shall become the property of Grantor. Provided, further, that Grantee covenants that the parcel described
above shall be improved with not more than two (2) single family homes, and they shall be owner-occupied for five
(5) years after the date of this deed. These covenants and conditions shall run with the land.

This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).

Dated this~ day of__,·t-_1"-'-'Q"'.'-/+----' 2005.

Signed in the presence of:


   L/ncl~        /'ort-l'r

   ~~k~sk·.
       -:r~ ~Y\Y'\.      \('('u 'Kowsk::1

STATE OF MICHIGAN
COUNTY OF MUSKEGON

      Signed and sworn to before me in Muskegon County, Michigan, on            t21n'Ej
                                                                     t(o , 2005, by
STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and ~erk, respectively, of the CITY
OF MUSKEGON, a municipal corporation, on behalf of the City.




                                                       L/ n Ja 5. (l, tfn" , Notary Public
PREPARED BY: John C. Schrier
Parmenter 0 1Toole
175 W. AppleAvenue/P.O. Box 786
                                                      Acting in the County of z?1«s
                                                                  fifo
                                                        tl714..5 /r     17
                                                                                          '\rv a a
                                                                                    Coun y, Michigan
Muskegon,MI49443-0786                                 My Comm. xpires:         9 -;;). .)'- Cl c?
Telephone: 231/722-1621

WHEN RECORDED RETURN TO: Grantees                     SEND SUBSEQUENT TAX BILLS TO: Grantees
                                       SURVEY WAIVER

 Date: June 15, 2005


 Property:1275 Dudley Avenue
          Muskegon, MI 49442
 Commitment No.:  MUS438571


       We, the undersigned, herein acknowledge that we have been strongly advised to obtain a
 land survey showing the dimensions of the property and the location of all buildings situated
 thereon. We have agreed, completely of our own volition, not to obtain a survey and wish to
 complete the transaction without the recommended survey.

       Further, the undersigned agree to indemnify, save and hold harmless and and Transnation
Title Insurance Company, from any responsibility and/or liability, loss or damage concerning or
pertaining to survey matters, including but not limited to size of lot or land, location of boundary
lines, locations of buildings and encroachments of any kind.




d~               ('   "c1~C"-- ~"-._'t~
Lawrence Baker
                                        Transnation Title Insurance Company
                                             570 Seminole Rd Ste 102
                                               Muskegon, MI 49444

 Escrow Officer: Kimber VanderWall                                                                Title No.: MUS438571
                                                                                                       Date: 06/15/2005
                                       PURCHASER'S SETILEMENT STATEMENT


 Buyer(s):       Lawrence Baker                            Seller(s):      City of Muskegon, a municipal corporation

 Property:       1275 Dudley Avenue
                 Muskegon, MI 49442

                 Muskegon Urban Renewal 1, Lot 147-149


                                                                                DEBIT                    CREDIT
 Contract Sales Price                                                             $9,750.00
 Deposit or earnest money                                                                                     $400.00
 Settlement or closing fee to LandAmerica                                           $200.00
 Transnation
 Recording                Deed:           Mortgage:          Releases:               $14.00
 Fees                    $14.00

                                       *****   Sub Total                          $9,964.00                    $400.00
 Balance Due From Borrower                                                                                   $9,564.00


 Total                                                                            $9,964.00                  $9,964.00



                      The above figures do not include sales or use taxes on personal property.
                                            ACCEPTED AND APPROVED

                                                             Broker:



&0-.-\...Uf "t N Ct.. ~0--~ 'tl\...
Lawrence Baker                                               By:
                                 CITY OF MUSKEGON
                           LAND REUTILIZATION COMMITTEE
                                  REGULAR MEETING
                                      MINUTES

                                          Apri126, 2005

Chairman M. Amrhein called the meeting to order at 4:03 p.m. and roll was taken.

MEMBERS PRESENT:               M. Amrhein, C. Shepherd, R. Hill, R. Allen, J. Martin Jr.
                               K. Davis

MEMBERS ABSENT:                J. McClain, excused

STAFF PRESENT:                 H. Griffith, D. Leafers

OTHERS PRESENT:                L. Baker, 835 Stevens


ELECTION OF OFFICERS

A motion to re-elect M. Amrhein as Chairman and J. Martin Jr. as Vice-Chairman was made by
K. Davis, supported by R. Hill and unanimously approved.

APPROVAL OF MINUTES

A motion to approve the minutes of the regular meeting of August 24, 2004 was made by K.
Davis, supported by J. Martin Jr. and unanimously approved.

NEW BUSINESS

Lawrence Baker- 1275 Dudley Ave.- Request to purchase city-owned buildable lot at 1275
Dudley Avenue for $9,000. H. Griffith presented the staff report. L. Baker would like to
purchase this lot from the City. The request required LRC approval because 1) the lot has 181.7
feet of frontage, and 2) he is requesting a reduction in the selling price. The property is located
at the end of a cul-de-sac and has 181.7 ft. of street frontage. Mr. Baker plans to split the lot and
build two single family homes. Each home would require a minimum of 1,260 sq. ft. of usable
living space, excluding the basement. Mr. Baker is proposing homes that exceed that
requirement. Due to the sharp slope of the property, a large amount of fill would be required
before he could build. The extra cost generated by the fill is the reason for his request to reduce
the selling price. He estimated he would need approximately 2800 yards of fill, which would
cost from $11,200 to $14,000 plus machine time. Doug Sayles from the Department of Public
Works for the City stated that the price for clean fill can range from $4 to $1 0 or more per yard.
Due to increasing trucking fees, the fill price is rising. There will also be extra foundation
needed beyond what would normally be used in new construction, due to the slope of the
property.

The policy for selling City-owned buildable lots requires that the price for the lot be based on
75% of the TCV, which would make the selling price of this property $12,750. Mr. Baker
requested that it be reduced to $9,000. Staff felt that there were special circumstances with this
                                                                                                   1
property and that the price could be lowered. Staff suggested a selling price of $10,500. Pictures
of the property were provided to the commission members, depicting a steep slope. If the
property sale is approved, Mr. Baker would have to apply for the lot split once he owns the
property. The commission members were provided with the Zoning Ordinance excerpt from
Section 2302 LAND DISTURBANCES (excerpt).

Staff recommended approval of the sale of the buildable lot to Mr. Baker, and that the purchase
price be lowered from the policy requirement due to the steep slope of the property and the
amount of fill that would be needed in order to build the homes.

M. Amrhein asked if the LRC could make an approval contingent upon the lot being split. H.
Griffith stated they could. R. Allen asked how much it cost to have a lot split, and who paid. H.
Griffith stated it cost $25 and Mr. Baker would pay that plus the cost of a survey. K. Davis
thought the condition of the lot was already taken into consideration when the selling price was
set. H. Griffith stated that the newer homes in that area could account for the higher price on the
lot. Other lots and homes in the area were discussed. C. Shepherd asked about the water and
sewer for the site. H. Griffith stated there were taps for water and sewer with no lines running
thru the property. L. Baker provided pictures to the commission members of other homes that he
has built on difficult properties, such as this.

A motion to sell the lot to L. Baker for the staff-suggested price of $10,500 was made by C.
Shepherd and supported by J. Martin Jr. with discussion on the motion continuing.

K. Davis asked L. Baker if he would still purchase the lot at the $10,500 price. L. Baker stated
he would like to purchase the property for $9,000 due to the cost of the fill and the added cost for
the extra foundation that would be needed. He stated the lot needed a lot of work and that he
would also be paying several other fees, including permits and water hookup. C. Shepherd
withdrew the motion.

R. Allen understood Mr. Baker's situation, but that area was in demand right now and believed
the lot would sell. R. Hill suggested they split the difference on the price and go with $9,750.
This price was discussed among the Commission members. K. Davis stated the City would
recoup the rest of the money in property taxes.

A motion to recommend approval of the sale of 1275 Dudley for $9,750 to Lawrence Baker was
made by K. Davis, supported by C. Shepherd and unanimously approved.

OTHER

YTD Propetty Sales- $18,006.

ADJOURN

There being no further business, the meeting was adjoumed at 4:26 p.m.

dml
4/26/05




                                                                                                  2
                                   REAL ESTATE PURCHASE AGREEMENT


      THIS AGREEMENT is made                /0             tJlqy
                                                            , 2005, by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and LAWRENCE BAKER, a married man, of 835 Stevens,
Muskegon, Michigan 49442 ("Buyer").

         I.     General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real 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, Muskegon County, Michigan ("Premises"),
and specifically described as:

           CITY OF MUSKEGON URBAN RENEWAL PLAT NO. I, LOTS 147 THRU 149,
           INCLUSIVE

Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record 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 purchase price for the Premises
shall be Nine Thousand Seven Hundred Fifty and no/100 Dollars ($9,750.00).

        3.     Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.

         4.      Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (I 0) days prior
to closing, a commitment for title insurance, issued by Land America Transnation Title
Insurance Company, for an amount not less than the purchase price stated in this Agreement,
guaranteeing title on the conditions required herein. In the event the reservations, restrictions or
easements of record disclosed by said title commitment is, 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
herein provided, within ten (10) days of written notification thereof. If Seller fails to resolve
such restrictions or remedy the title within the time above specified or fails to obtain satisfactory
title insurance, this Agreement will be terminated at Buyer's option. The premium for the
owner's title policy shall be paid by Seller.

         5.      Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
premises two (2) single-family homes, up to all codes, within eighteen (18) months of the closing
of this transaction. Buyer may only remove those trees necessary for construction of the homes


0:\Pianning\COMMON\Property\Buildable Lot Sales\2005 Buildable Lot Sales\1275 Dudley\purchase agreement. DOC
and driveways. The homes shall be substantially completed within eighteen (18) months and, in
the event said substantial completion has not occurred, or the restriction of this paragraph
relating to tree removal is violated, in the sole judgment of the City, the property and all
improvements then installed shall revert in title to the City, without any compensation or credit
to Buyer. Buyer further covenants that the homes shall be owner occupied for five (5) years after
the closing. The covenants in this paragraph shall survive the closing and run with the land.

        6.      Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.

      7.   Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAlVES ANY AND ALL
SUCH IMPLIED WARRANTIES. 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. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
W AlVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE
FOUND.

        8.       Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, 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 to 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.




0:\Pianning\COMMON\Property\Buildable Lot Sales\2005 Buildable Lot Sales\1275 Dudley\purchase agreement.DOC
         9.      Closing. The closing date of this sale shall be on or before--:---=:-:----
  200_ ("Closing"). The Closing shall be conducted at Land America Transnation Title
  Insurance Company, 570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the
  parties shall execute an IRS closing report at the Closing.

       I 0.    Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.

       11.      Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.

        12.    Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.

       13.     Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be reporded to clear title to the Premises, to the extent required by this
Agreement.

                     Buyer shall pay for the cost of recording the deed to be delivered at Closing.

           14.       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.     Merger. It is understood and agreed that all understandings and
           agreements previously made between Buyer and Seller are merged into this Agreement,
           which alone fully and completely expresses the agreement of the parties.

                 d.      Governing 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 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, such invalidity, illegality, or unenforceability shall not affect any other provision
          of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
          unenforceable provision(s) had never been contained herein.




0:\Pianning\COMMON\Property\Buildable Lot Sa!es\2005 Buildable Lot Sales\1275 Dudley\purchase agreement. DOC
                  g.      Survival of Representations and Warranties. The representations,
           warranties, covenants and agreements contained in this Agreement and in any instrument
           provided for herein shall survive the Closing and continue in full force and effect after
           the consummation of this purchase and sale.

                  h.      Modification of the Agreement. This Agreement shall not be amended
           except by a writing signed by Seller and Buyer.

       The parties have executed this Real Estate Purchase Agreement the day and year first
above written.

WITNESSES:

  ~
  t./ncl"




                                                                    BUYER:


                                                                   Q\1~\JJ\\..t.N.C't.. t)(.\.ll"'-'c~
                                                                    LAWRENCE BAKER
                                                                    SS No.: ~log -':)'(') · 18 ?....""(




0:\Pianning\COMMON\Property\Buildable Lot Sales\2005 Buildable Lot Sales\1275 Dudley\purchase agreement. DOC
                                                QUIT-CLAIM DEED

KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,

QUIT CLAIMS to LAWRENCE BAKER, a married man, of 835 Stevens, Muskegon, Michigan 49442,

the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:

           CITY OF MUSKEGON URBAN RENEWAL PLAT NO. I, LOTS 147 THRU 149, INCLUSIVE

for the sum ofNine Thousand Seven Hundred Fifty and no/100 Dollars ($9,750.00)

PROVIDED, HOWEVER, Grantee, or its assigns, shall complete construction of one (2) single family homes on the
premises herein conveyed within eighteen ( 18) months after the date hereof. In default of such construction, title to
the premises shall revert to the City of Muskegon free and clear of any claim of Grantee or its assigns. In addition,
the City of Muskegon may retain the consideration for this conveyance free and clear of any claim of Grantee or its
assigns. Buyer shall remove only those trees necessary for construction of the homes and driveways. "Complete
construction" means: (I) issuance of a residential building permits by the City of Muskegon; and, (2) in the sole .
opinion of the City of Muskegon's Director oflnspections, substantial completion of the dwellings described in the
said building permits. In the event of reversion of titles of the above-described premises, improvements made
thereon shall become the property of Grantor. Provided, further, that Grantee covenants that the parcel described
above shall be improved with not more than two (2) single family homes, and they shall be owner-occupied for five
(5) years after the date of this deed. These covenants and conditions shall run with the land.

This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).

Dated this _ _ day of _ _ _ _ _ _ _, 2005.

Signed in the presence of:


   Lt' n   qq    /'a /t-<'r

   ~ Cl--.. V~sk·
    ":t~ ~ Y\ Y\. 'K '(' u ~ 9 \.iJ s. t ;

STATE OF MICHIGAN
COUNTY OF MUSKEGON

      Signed and sworn to before me in Muskegon County, Michigan, on            !2'1"-Ej tzo ,
                                                                           2005, by
STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Jerk, respec!lvely, of the CITY
OF MUSKEGON, a municipal corporation, on behalf of the City.




PREPARED BY: John C. Schrier                           Linda S. f, tf~ r , Notary Public
Parmenter O'Toole
175 W. Apple Avenue/P.O. Box 786
                                                      Acting in the County of 727lf.s
                                                        tl7us k   .g:r2 o
                                                                                         '\'((a ,. ,
                                                                                    Coun y, Michigan
Muskegon, MI49443-0786                                MyComm. xpues:           9 -,;;z,s-- t?l¢
Telephone: 231/722-1621

WHEN RECORDED RETURN TO: Grantees                     SEND SUBSEQUENT TAX BILLS TO: Grantees
1275
'   '
                  CITY COMMISSION AGENDA ITEM --:c-::------:--::-:--::-
                CITY COMMISSION MEETING DATED May 10, 2005



                                    MEMORANDUM

To:            Mayor and City Commissioners
From:          Lee Slaughter, Assistant City Manager
Date:          May 3, 2005
Re:            Beach Peddler Agreement- Polish Water Ice.

SUMMARY OF REQUEST:

To authorize the Mayor to sign a one year agreement between the City of Muskegon and
Polish Water Ice, Inc. to sell their product (Polish Water Ice) on Pere Marquette beach.

FINANCIAL IMP ACT:

None. (Polish Water Ice, Inc. will pay the city $3000).

BUDGET ACTION REQUIRED:

None.

COMMITTEE RECOMMENDATION:

The Leisure Services Board recommends approval.
                                                                                        ;(OO..>-   ~ J (c)



                                                LICENSE AGREEMENT


        THIS AGREEMENT made                       mtr
                                             /0 , 200:?_-;between the City of Muskegon, a
 Michigan municipal corporation, of 93i ;rrace Street, Muskegon, Michigan 49440 ("City") and
 Refreshing Concepts, a Michigan               corporation of 3700 Rivertown Parkway, Suite
 2166, Grandville, Michigan 49418 ("Licensee"). In consideration of the mutual promises herein
 contained, the parties agree:

         1.      Grant of License. City grants to Licensee a non-exclusive license to occupy and
 use, subject to the terms of this license Pere Marquette beach between the channel and the
 Muskegon Filtration Plant and between the water's edge and the Ovals in the City of Muskegon,
 Muskegon County, Michigan ("Premises"):

        2.     Term, Renewal. The term of this license shall commence May 15, 2005 and
shall terminate October 15,2005.

       License Payments. Licensee shall pay to City the sum of $2,250, with such amount
being satisfied by payments of $750 on June 30, July 30, and August 30. At the conclusion of
the Term, Licensee shall provide a report approximating the gross receipts from the sale of
Polish Water Ice on the Premises.

          3.        Use ofthe Premises. The Premises shall be used and restricted as follows:

                 a.       Operating of Concession for the Sale ofPolish Water Ice. The Licensee
          is permitted to sell Polish Water Ice on the Premises. Licensee may operate sale of
          Polish Water Ice on the premises, in the sole discretion of Licensee prior to Memorial
          Day and after Labor Day.

                  b.     Inconsistent Uses. Any use for other purposes than specified above,
          without written permission, shall render this license immediately revocable at the option
          of City.

       4.       Utilities. Licensee shall supply and pay for all utilities to the Premises. City shall
have no responsibility for furnishing any utilities and does not guarantee same; provided that
City shall have the right to enter upon the Premises at any time for the purpose of repairing
municipal utilities involved.

        5.      Taxes and Assessments. Licensee shall pay all lawful fees, taxes and
assessments during the term of this License which may be levied by any authority. Said taxes
and assessments may include taxes on fixtures, equipment and property owned by Licensee or
situated on the Premises.




0:\MANAGER\bicepa\Word\Refreshing Concepts License Agreement 050505.doc

                                                              •
         6.      Signs. Licensee shall not place any signs on the Premises. Licensee is a sub-
 tenant of a building, owned y another party, but which is located on property owned by the City
 and within the area described as the Premises. This provision does not prohibit Licensee from
 applying for a permit to place a sign on that building.

        7.      Condition of the Premises. Licensee shall exercise its best efforts to insure that
 none of its containers become litter on the Premises.

       8.      Alterations and Additions. No alterations or additions to the Premises shall be
 made unless City consents in writing.

        9.      Liens. Licensee shall pay promptly for all labor or materials and shall keep the
 Premises free of all liens or encumbrances of any kind.

         I 0.   Indemnification. To the fullest extent permitted by law, Licensee agrees to
defend, pay on behalf of, indemnify, and hold harmless the City, its elected and appointed
officials, employees and volunteers and others working on behalf of the City against any and all
claims, demands, suits, or loss, including all costs connected therewith, and for any damages
which may be asserted, claimed or recovered against or from the City, its elected and appointed
officials, employees, volunteers or others working in behalf of the City, by reason of personal
injury, including bodily injury and death and/or property damage, including Joss of use thereof,
which arises out of or is in any way connected or associated with this agreement.

        II.     Hazardous Substances. No goods shall be brought onto the Premises or placed
in the waters adjacent thereto that are in any way explosive or hazardous. No activity shall be
conducted on the Premises nor machinery used if such activity or machinery will increase the
cost of or suspend insurance on the Premises or will in any way injure the Premises. Licensee
shall indemnify, pursuant to the provisions of this license, the City concerning the presence or
release of any hazardous substance into the waters or onto the Premises.

        12.     Default. If Licensee fails to pay when due any payment required by this license,
or defaults in any other terms hereof, City may declare this license forfeited only if Licensee fails
to cure such Default within I 0 days after Licensee receives written notice from City of the
Default. If Licensee fails to cure a Default within such I 0-day period, City may exercise a right
of reentry on the Premises after declaring forfeiture.

        13.    Surrender of Premises on Termination of License. At termination, Licensee
shall surrender the Premises. Upon termination, City may prohibit Licensee from further sales on
the Premises.

        14.    Holding Over. If Licensee holds over the Premises after termination said holding
shall be deemed holding over from month to month. The terms of this License shall apply during
said monthly terms.




0:\MANAGER\bicepa\Word\Refreshing Concepts License Agreement 050505.doc
          15.   Insurance. The Licensee shall not commence occupancy until it has obtained the
 insurance required under this paragraph. All coverage shall be with insurance carriers acceptable
 to City.

                  a.     Workers' Compensation Insurance. The Licensee shall procure and
           maintain during the life of this contract, Worker's Compensation Insurance, including
           Employers Liability Coverage, in accordance with all applicable Statutes of the State of
           Mi9higan.

                 b.     Commercial General Liability Insurance. The Licensee shall procure
          and maintain during the life of this contract, Commercial General Liability Insurance on
          an "Occurrence Basis" with limits of liability not less than $1,000,000 per occurrence
          and/or aggregate combined single limit, Personal Injury, Bodily Injury and Property
          Damage. Coverage shall include the following extensions: (i) Contractual Liability; (ii)
          Products and Completed Operations; (iii) Independent Licensees Coverage; (iv) Broad
          Form General Liability Extensions or equivalent; (v) Deletion of all Explosion, Collapse
          and Underground (XCU) Exclusions, if applicable.

                   c.      Motor Vehicle Liability. The Licensee shall procure and maintain during
          the life of this contract Motor Vehicle Liability Insurance, including Michigan No-Fault
          Coverages, with limits ofliability of not less than $500,000 per occurrence combined
          single limit Bodily Injury and Property Damage. Coverage shall include all owned
          vehicles, all non-owned vehicles and all hired vehicles.

                  d.      Additional Insured. Commercial General Liability and Motor Vehicle
          Liability Insurance, as described above, shall include an endorsement stating the
          following shall be "Additional Insureds": The City, all elected and appointed officials,
          all employees and volunteers, all boards, commissions and/or authorities and board
          members, including employees and volunteers thereof.

                   e.     Cancellation Notice. Workers' Compensation Insurance, Commercial
          General Liability Insurance and Motor Vehicle Liability Insurance, as described above,
          shall include an endorsement stating the following: "It is understood and agreed that
          thirty (30) days' Advance Written Notice of Cancellation, Non-Renewal, Reduction
          and/or Material Change shall be sent to:

                                                  CITY OF MUSKEGON
                                                  Attn: City Manager
                                                  933 Terrace Street
                                                  Muskegon, Michigan 49440

                  f.     Proof of Insurance Coverage. The Licensee shall provide the City at the
          time the contracts are returned by him for execution, certificates and policies as listed
          below:




0:\MANAGER\bicepa\Word\Refreshing Concepts License Agreement 050505.doc
                          i.      Two (2) copies of Certificate of Insurance for Workers'
                     Compensation Insurance;

                             ii.     Two (2) copies of Certificate of Insurance for Commercial General
                     Liability Insurance;

                            iii.         Two (2) copies of Certificate of Insurance for Vehicle Liability
                     Insurance;

                           iv.    Original Policy, or original Binder pending issuance of policy, for
                     Owner's and Licensee's Protective Liability Insurance.

                             v.      If so requested, Certified Copies of all policies mentioned above
                     will be furnished.

                    g.      Notice of Termination. If any of the above coverages expire during the
           term of this contract, the Licensee shall deliver renewal certificates and/or policies to City
           at least ten (10) days prior to the expiration date.

       16.   Non-Waiver. The failure of City to enforce any of its rights hereunder shall not
be deemed a waiver of subsequent enforcement.

           17.      Time of the Essence. Time is expressly declared to be of the essence of this
license.

        18.     Cumulative Rights and Remedies. Every right and remedy given to the City by
this License is cumulative and no right or remedy shall be exclusive of any other provided by
law. The exercise of one right or remedy by City shall not impair the right of City to exercise
any other.

           19.      Non-Assignment. This License may not be assigned at any time by Licensee.

         20.    Insolvency and Bankruptcy. If a petition in bankruptcy is filed by or against
Licensee or if it becomes insolvent within the meaning of any state or federal insolvency law, or
if it makes an assignment for the benefit of its creditors, or a receiver of any part of Licensee's
business is appointed by any state or federal court, and the said appointment is not vacated
within 15 days of the appointment, or if any property or assets of the Licensee is attached and not
vacated within 15 days of the attachment, this Licensee shall be deemed to have been breached
by Licensee and City shall be entitled to exclude Licensee from the Premises without any prior
notice. This license shall in no event constitute an asset of Licensee assignable to a receiver or
trustee in bankruptcy by operation of law or otherwise.

       21.    Inspection of Premises. City reserves the right to enter the Premises at any
reasonable time for the purpose of inspection and exercise of any and all rights hereunder.




0:\MANAGER\bicepa\Word\Refreshing Concepts License Agreement 050505.doc
         22.     Benefit. This License Agreement shall be binding upon and inure to the benefit
 of the respective parties, their successors and personal representatives.

        23.     No Interest in Land Created. Licensee agrees that this agreement is a license
and not a lease, and that no interest or estate in real property or the improvements thereon is
created by this agreement.

        24.      No Third Party Beneficiary Clause. This Agreement shall benefit only the
parties to this Agreement, and not a third party.

          25.       Notices. Notices under this agreement shall be mailed first class mail as follows:

                                                  CITY OF MUSKEGON
                                                  Attn: City Manger
                                                  9 3 3 Terrace Street
                                                  Muskegon, Michigan 49440

                                                  Tom Curyto
                                                  3700 Rivertown Parkway
                                                  Rivertown Crossings Mall
                                                  Grandville, MI 49418

        IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.




                                                            Date: -----'Z:'----<-1.::.0 _ _, 200£'


                                                            '"d~Q~
                                                            Name: Gail A. Kundinger, MMC
                                                            Title: Clerk
                                                            Date:       S-\ 1          , 200§

                                                            LICENSEE- POLISH WATER ICE

                                                            By:           cJL~
                                                            Name: Tom Curyto
                                                            Title: Owner/President
                                                            Date:      5- I'0             , 200_5




0:\MANAGER\bicepa\Word\Refreshing Concepts License Agreement 050505.doc
                                 AGENDA ITEM N O . - - - - - -

                     CITY COMMISSION MEETING - - - - - - - -


TO:           Honorable Mayor and City Commissioners

FROM:          Bryon L. Mazade, City Manager

DATE:         May 2, 2005

RE:           ASCAP Music License



SUMMARY OF REQUEST:
To approve an agreement with ASCAP, which provides permission for the City to use
copyrighted music.




FINANCIAL IMPACT:
$268.00 a year.




BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
To approve the attached agreement with ASCAP.




COMMITTEE RECOMMENDATION:
None.




pmb/O(ASCAP Music License Agenda Cover 050205)
                                                                                    JUN 1 0 2005
                                                                                       MU~:sKEGON
                                              AS CAP                            GITY Ml\Nt\GER'S OFFICE
June 3, 2005


Mr. Bryon Mazada
City of Muskegon, Ml
City of Muskegon, Ml
P.O. Box 536
Muskegon Ml 49443-0536



Dear Mr. Mazada:

This will acknowledge, with thanks, receipt of your signed license agreement. An executed copy of the
license agreement is enclosed for your records.

The ASCAP license agreement allows you to provide legally to your patrons America's best music, and
we are certain it will contribute to the success of your business.

Thank you for your cooperation in this matter, and if we can be of assistance, please contact us.

Sincerely,

  <~¥"..-.b.
Kevin Garrelts




AKM
Enclosures: License Agreement
               Certificate
 ACC#:         10-23-012526-1




                            AMERICAN SOCIETY OF COMPOSERS, AUTHORS & PUBLISHERS
                                2690 Cumberland Parkway, Suite 490 Atlanta, GA 30339
                                         (770) 805-3400   Fax: (770) 805-3468
' Apr 19 05 02: 35p                         JenniTer Chadwick                                     518-271-1179                                     p.3



    J~N D' 1 2005                                                                )Dv~3- 'Q J?.1:;;'2Jo ~j
                               LICENSE AGREEMENT- LOCAL GOVERNMENTAL ENTITIES


                          -- .-:   .... ._.._ - ·: -- -·~ ~ .: _.. ~-~ ~:. ·_: benveen the American Society of Composers, Authors and PubJishers
                                      ·-·
            ("ASCAP") located at

            2690 Cumberland Parkway, Suite 490
            Atlanta, GA 30339-3913

            by City of Muskegon, Ml

            ("LJCENSEE"), located at

            P.O. Box 536
            Muskegon, MI 49443-0536


            as follows:

            1.       Grant and Term of License

            (a)        ASCAP grants and LICENSEE accepts a license to perform publicly on the "Premises" and at "Events" and
            "Functions," and not elsewhere or otherwise, non-dramatic renditions of the separate musical compositions in the
            "ASCAP repertory." The performances licensed under this Agreement may be by means of"Live Entertainment" or
            "Mechanical Music". For purposes of this Agreement,
                      (i)         "LICENSEEn shall include the named entity and any of its constituent bodies, departments,
                      agencies or Jeagilcs.
                      (ii)       "Mechanical Music" means music which is performed at the Premises by means other than by live
                      musicians who are performing at the Premises, including, but not limited to (A) compact disc, audio record
                      or audio tape players {but not including "jukeboxes"), (B) videotape, videodisc or DVD players; (C) the
                      reception and communication at the premises of radio or television ttansmissions which originate outside
                      the Premises; and which are not exempt under the Copyright Law; or (D) a music-on-hold telephone system
                      operated by LICENSEE at the Premises.
                      (iii)      "Live Entertainment" means music that is perfonned at the Premises by musicians, singers or
                      other perfonners.
                      (iv)       "Premise!>" means buildings, hospitals, airports, zoos, museums, athletic facilities, and recreational
                      facilities, including, but not limited to, collUilunity centers, parks, swimming pools, and skating rinks owned
                     or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE.
                     (v)         "ASCAP repertory" means all copyrighted musical compositions Mitten or published by ASCAP
                     members or members of affiliated foreign performing tights societies, inciuding compositions written or
                     published during the tenn of this Agreement and of which ASCAP has the right to license non-dramatic
                     public performances.
                     (vi)        "Events" and "Functions" means any activity conducted, sponsored, or presented by or under the
                     auspices of LICENSEE. Except as set forth in paragraph 2.(d) below, "Events" and "Functions" shall
                     include, but are not limited to, aerobics and exercise classes, athletic events, dances and other social events,
                     concerts, festivals, arts and crafts fairs, and parades held under the auspices of or sponsored or promoted by
                     LICENSEE on the Premises.
                     (vii)      "Special Events" means musical even~, concerts, shows, pageants, sporting events, festivals,
                     competitions, and other events oflimited duration presented by UCENSEE for which the "Gross Revenue"
                     of such Special Evenc exceeds S25,000 (as defined in paragraph 4.(d) below).
           (b)       This Agreement shall be for an initial term of one year, commencing 04/01/2005, which shall be considered
           the effective date of this Agreement, and continuing thereafter for additional terms of one year each. Either party
           may give notice oftennination lo the other no later than thirty (30) days prior to the end of the initial or any renewal
           tenn. If such notice is given, the agreement shall terminate on the last day of the tenn in which notice is given.


                                                                                                                   RECEIVED
                                                                                                                          JUN 1 0 2005
                                                                                                                          MUSKEG ON
- -- - - - - -- - - - - --·--· -·------ -                       - ---   . ---- ·-------·---··---- --------- n- --- CITY M.II. N.JI.f~E'R'S OEF IQE~---
Apr 19 05 02:35p              Jenn1fer Chadwick                               518-271-1178                             p.4



         2.       Limitations On License

        (a)      This license is not assignable or transferable by operation of law or otherwise. This license docs not
        authorize LICENSEE to grant to others any right to perform publicly in any manner any of the musical compositions
        licensed under lhis agreement, nor does it authorize any public performances at any of the Premises in any manner
        except as expressly herein provided.
        (b)      This license does not authorize (i) the broadcasting, telecasting or transmission or retransmission by wire,
        Interne~ website or otherwise, of renditions of musical compositions in ASCAP's repertory to persons outside of the
        Premises, other than by means of a music-on-hold telephone system operated by LICENSEE at the Premises; and (ii)
        performances by means of background music (such as Muzak) or other services delivered to the Premises. Nothing
        in this paragraph shall be deemed to limit LICENSEE's right to transmit renditions of musical compositions in the
        ASCAP repertory to those who attend Events or Functions on the Premises by means of teleconferencing,
        videoconferencing or similar technology.
        (c)     This license is limited to non-dramatic perfonnances, and does not authorize any dramatic performances.
        For purposes of this agreement, a dramatic performance shall include, but not be limited to, the following:
                (i)       perfonnance of a "dramatico-musical work" (as hereinafter defined) in its entirety;
                (ii)      performance of one or more musical compositions from a "dramatico-musical work (as hereinafter
                defined) accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work
                 from which the music is taken;
                 (iii)   performance of one or more musical compositions as part of a story or plot, whether acc.ornpanied
                 or unaccompanied by diaJogue, pantomime, dance, stage action, or visual representation;
                 (iv)    performance of a concert version of a "dramatico-musical work" (as hereinafter defined).
        The tenn "dramatico-musical work" as used in this Agreement, shall include. but not be limited to, a musical
        comedy, opera, play with music, revue, or ballet.
        (d)     This license does not authorize perfonnances:
                (i)      at any convention. exposition, trade show, conference, congress, industrial show or similar activity
                presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under the
                auspices of LICENSEE, is presented entirely on LICENSEE'S Premises, and is not open to the general
                public;
                (ii)      by or at colleges and universities;
                (iii)    at any pwfessional sports event or game played on the Premises;
                (iv)     at any permanently situated theme or amusement park owned or operated by LICENSEE;
                (v)      by any symphony or community orchestra;
                (vi)     by means of a coin operated phonorecord player Gukebox) for which a license is othen.vise
                available from the Jukebox License Office.

       3.         License Fee

       (a)         In consideration of the license granted herein, LICENSEE agrees to pay ASCAP a license fee which
       includes the total of the "Base License Fee" and any applicable "Special Events License Fees", all of which shall be
       calculated in accordance with the Rate Schedule attached to and made part of this Agreement. Forpwposes ofthis
       Agreement,
                 (i)    "Base License Fee'" means the annual fee due in accordance with Schedule A of the Rate Schedule
                  and based on LICENSEE's population as established in the most recent published U.S. Census data. It
                  does not include any fees due for Special Events.
                 (ii)   "Special Events License Fees" mean the amoWlt due in accordance with Schedule B of the Rate
                  Schedule when Special Events are presented by or on behalf of LICENSEE. lt does not include any Base
                  License fees due.
                 (iii)  LICENSEES who are legally organized as Slate municipal and/or county leagues or state
                 associations of municipal and/or county attorneys shall be required to pay only the fee under Schedule C
                 of the Rate Schedule. Such leagues or associations are not subject to Schedule A or Schedule B of the
                 Rate Schedule. Fees paid by such leagues or associations do not cover perfonnances of the municipality,
                  county or other local government entity represented by the league or association. Schedule C fees are not
                   applicable to municipal, county or other local government entities.
       (b)         Unless otherwise limited by law, LICENSEE shall pay a finance charge of 1.5% per month from the due
       date, or the maximum amount pennitted by law, whichever is less, on any required payment that it is not made within
       thirty days of its due date.
Ap~   19 05 02:35p               Jennifer Chadwick                                518-271-1179                              p.5




          4.          Reports and Payments

          (a)         Upon the execution of this Agreement, LICENSEE shall submit:
                      (i)     a report stating LICENSEE's population based on the most recent published U.S. Census data.
                      The population set fortb in the report shall be used to calculate the Base License Fee under this
                      Agreement; and (ii) a report containing the information set fortb in paragraph 4.(d) below for all Special
                      Events that were presented between the effective date of this Agreement and the execution of this
                      Agreement.
          (b)         The Base License Fee for the first year of this Agreement and any license fees due for Special Events that
          were presented between the effective date of this Agreement and the execution of lh.is Agreement shall be payable
          upon the execution of this Agreement.
          (c)         Base License Fees for subsequent yean; shall be due and payable within 30 days of the renewal date of
          this Agreement and shall be accompanied by a statement confirming whether any SpeA                                      000%
                                                                       384 601
                                                                                  •        429 129
                                                                                           722.049
                                                                                                         $   401 000
                                                                                                             710.045   '
                                                                                                                       $
                                                                                                                           117 629
                                                                                                                           178.487
                                                                                                                                           29% s
                                                                                                                                           25% $
                                                                                                                                                        401 000
                                                                                                                                                        710,045   ''                 0.00%
                                                                                                                                                                                     000%
                                                                       706.929
                                                                                  '                      '
    20173 Administration
                                                               s
    5100
    5200
             Salaries &. Benefits
             Operating Supplies
                                                                        133,545
                                                                          1,437   '        137,406
                                                                                             1,362       '   149,072
                                                                                                               2.000   '    36,161
                                                                                                                               80
                                                                                                                                           24% $
                                                                                                                                             4%
                                                                                                                                                        149.072
                                                                                                                                                          2,000
                                                                                                                                                                  $                  000%
                                                                                                                                                                                     000%
    5300     Contractual Serv~ees                                         6,012             11,460            16,176         1,469           9%          16,176                      000%
    5400     Other Expenses                                               2.703                  207           2,000                         0%           2,000                      000%
    5700     Cap~tal Outlays                                              2,013                                 500                          0%             soo                      000%
    5900     other Financing Uses                                                                                                                                                    0.00%
                                                               s                                         , _ _,~9,?~                                                                 000%
                                                                        145,710
                                                                                  '        J5:.0,:4,57                     JZ..710                      169.746
                                                                                                                                                                  '
           City of Muskegon
           2005 First Quarter Budget Reforecast -General Fund
           General Fund Expenditure Summary By Function

                                                                                                                         Actual As                                        %Change
                                                                                     Original Budget Actual Through        %of           Revised        Change From       From 2005
                                                      Actual2003        Actual2004 . Estimate 2005    March 2005         Revised       Estimate 2005    2005 Original      Original
    20228 Affirmative Action
    5100
    5200
             Salaries & Benefits
             Operating Supplies
                                                  •        93,074
                                                              528
                                                                    s        67,896
                                                                                449
                                                                                       •     78,199
                                                                                              3,000    '    15,941
                                                                                                                76
                                                                                                                              20% $
                                                                                                                               3%
                                                                                                                                             78,199
                                                                                                                                              3,000
                                                                                                                                                       •                   0.00%
                                                                                                                                                                           0.00%
    5300     Contractual Services                           1,553             2,093           2,999            331            11%             2,999                        0.00%
    5400     Other Expenses                                 1,572               376           2,000            ISO             8%             2,000                        0.00%
    5700     Capital Outlays                                  977                                                              NIA                                         0.00%
    5900     Other Financin Uses                                                                                               NIA                                         0.00%

    20744 Julia Hackley Internships
                                                  •        97 704   $        70 814    $     86 198    $    16 508            19% $          86,198    $                   0.00%


    5100
    5200
             Salaries & Benefits
             Operating Supplies
                                                  •         7,837
                                                                    '          8,931
                                                                                       •      7,636
                                                                                                364    '                         0% '
                                                                                                                                 0%
                                                                                                                                              7.636 $
                                                                                                                                                3S4
                                                                                                                                                                           000%
                                                                                                                                                                           0.00%
    5300     Contractual Services                                                                                              NIA                                          O.OO"..t.
    5400     Other Expenses                                                                                                    NIA                                         0.00%
    5700     Capital Outlays                                                                                                   NIA                                         0.00%
    5900     Other Financin Uses                                                                                               NIA                                         0.00%

    20215 City Clerk & Elections                  '         7.837
                                                                    •          8,931
                                                                                       '      8,000    s                         0% '          8,000
                                                                                                                                                       '                   0.00%


    5100
    5200
             Salar.es & Benefits
             Operating Supplies                   '       237,090
                                                           33.167   '       253,377
                                                                             21,581    '    267,558
                                                                                             46,839    '    51,951
                                                                                                             3,554
                                                                                                                               19% $
                                                                                                                               8%
                                                                                                                                            267,558 $
                                                                                                                                             45,839
                                                                                                                                                                            0.00%
                                                                                                                                                                            0.00%
~
    5300     Contractual services                          42,598            28,584          25.800          3,832            15%            25,800                         0.00%
~   5400     Other Expenses                                 5,156             3,437           2,750            SS4            24%             2,750                         0.00%
    5700     Capital Outtays                                1,910             4,510                                            NIA                                          0.00%
    5900     Other Financin Uses                                                                                               NIA                                          0.00%
                                                                                       s                                                               s
    20220 Civil Service                           '       319 921
                                                                    '       311.589         342 947
                                                                                                       '    60 001             17% $        342,947                         0.00%


    5100
    5200
             Salaries & Benefits
             Operating Supplies
                                                  s       176,851
                                                           10,642   '        136.039
                                                                               7,191
                                                                                       •    137,063
                                                                                              6,850
                                                                                                       $    33,867
                                                                                                               44S
                                                                                                                              25% $
                                                                                                                                 7%
                                                                                                                                             137,063
                                                                                                                                               6,850
                                                                                                                                                       •                    0.00%
                                                                                                                                                                            0.00%
    5300     Contractual Services                          19,767             16,303         18,200           1,455              8%           18,200                        O.OO"k
    5400     other Expenses                                 7,534              2,691          5,587             99
    5700
    5900
             Capital Outlays
             other Financinq Uses
                                                                                S50             300             99               '"
                                                                                                                               33%
                                                                                                                                NIA
                                                                                                                                               5,587
                                                                                                                                                300
                                                                                                                                                                            000%
                                                                                                                                                                            0.00%
                                                                                                                                                                            0.00%
                                                  $       214794
                                                          785.965
                                                                    •
                                                                    $
                                                                            162 874
                                                                            704.665
                                                                                       $    168 000
                                                                                            774,893
                                                                                                       $    35 966
                                                                                                           150185
                                                                                                                               21% $
                                                                                                                               19% $
                                                                                                                                            168 000
                                                                                                                                            774,893
                                                                                                                                                       $                    0.00%
                                                  $
                                                                                       '               '                                               '                    0.00%

    30202 Finance Administration
    5100
    5200
             Salaries & Benefits
             Operating Supplies
                                                  •       297.906
                                                            7,010   '        316,103
                                                                               5,266
                                                                                       $    329,841
                                                                                              5,750
                                                                                                       $    80,050
                                                                                                             1,251
                                                                                                                               24% $        329,841    $                    0.00%

    5300
    5400
             Contractual Services
             Other Expenses
                                                           87,221
                                                              156
                                                                              75,827
                                                                                  34
                                                                                             80,200         32,857
                                                                                                                 6
                                                                                                                               ""
                                                                                                                               41%
                                                                                                                               30%
                                                                                                                                              5,750
                                                                                                                                             80,030
                                                                                                                                                  20
                                                                                                                                                                  (170)
                                                                                                                                                                    20
                                                                                                                                                                            0.00%
                                                                                                                                                                           -0.21%
                                                                                                                                                                            0.00%
    5700     Capital Outlays                                3,784                 IS                           110             73%               150               150      0.00%
    5900     other Financin Uses                                                                                                NIA                                         0.00%
                                                                                                           114 274 ___
    30209 Assessing Services
                                                  $       396 077
                                                                    '        397 246   $    415 79_1   $                       27% $         415,791
                                                                                                                                                       '                    0.00%

    5100
    5200
             Salaries & Benefrts
             Operating Supplies
                                                  •         6,199
                                                                    '          6,254
                                                                                       •      6,361
                                                                                                       •       '"                8% •
                                                                                                                                 NIA
                                                                                                                                               6,361
                                                                                                                                                       '                    000%
                                                                                                                                                                            000%
    5300     Contractual Services                         394,707           400,641         400,000           1.D14              0%          400,000                        0.00%
    5.00     Other Expenses                                    80                               100                              0%              100                        0.00%
    5700     Capita! Outlays                                                                                                     NIA                                        0,00%
    5900     Other Financing Uses                                                                                                NIA                                        0.00%

                                                  '       400.986
                                                                    '        406,895
                                                                                       •    406.461
                                                                                                       '      1,508              0% $        406,461
                                                                                                                                                       '                    0.00%
           City of Muskegon
           2005 First Quarter Budget Reforecast ·General Fund
           General Fund Expenditure 'Summary By Function

                                                                                                                                ActU<~IAs                                             %Change
                                                                                               Original Budget Actual Through     %of            Revised              Change From     From 2005
                                                       Actual 2003            Actual2004       Estimate 2005    March 2005      Revised       Estimate 2005           2005 Origmal     Onginal

    30205 Income Tax Administration
                                                                                                                      58,733                       268,851                             000%
    5100
    5200
             Salaries & Benefits
             Operating Supplies
                                                   $       229,175
                                                             20,667
                                                                          $       255,417
                                                                                   15,964      '     268,851
                                                                                                      22,005
                                                                                                                $
                                                                                                                       7,495
                                                                                                                                     22% $
                                                                                                                                     34%            22,005        '                    000%
                                                                                                                                                                                       000%
    5300
    5<00
             Contractual Services
             other Expenses
             C•pit;ll Outlays
                                                             46,251

                                                               '"
                                                              1,437
                                                                                   39,403
                                                                                    1,020
                                                                                    1,293
                                                                                                      49,144
                                                                                                         400
                                                                                                         500
                                                                                                                      14,343

                                                                                                                          "
                                                                                                                         346
                                                                                                                                     ""
                                                                                                                                     10%
                                                                                                                                     70%
                                                                                                                                                    49,144
                                                                                                                                                       400
                                                                                                                                                       500
                                                                                                                                                                                        0.00%
                                                                                                                                                                                        0.00%
    5700
    5900     Other Financ:in Uses                                                                                                     NIA                                               0.00%
                                                                                                                                              s                                         0 OO",t.

    30253 City Treasurer
                                                   $        298,172
                                                                          '       313,097      $     340,900    $     80,959         24%           340.900 $


    5100
    5200
             Salaries & Benefits
             Operating Supplies                    '        290,796
                                                             33,750       '       279,010
                                                                                   27,759
                                                                                               $     292,201
                                                                                                      32,000    '     61,035
                                                                                                                       5,612
                                                                                                                                     21% $
                                                                                                                                     1"'
                                                                                                                                                   292,201
                                                                                                                                                    32,000        '                     000%
                                                                                                                                                                                        0.00%
    5300     Contractual Serv~ees                            65,831                67,355             60,000          11,629         19%            60,000                              0.00%
    5400     Other Expenses                                     545                   950              1,000             206         21%             1,000                              0.00%
    5700     Capital Outlays                                  2,652                    57              3,000                          0%             3,000                              000%
    5900     Other Financm Uses                                                                                                       NIA                                               0.00%
                                                                                                                s                                                                       0.00%
    30248 lnfonnation Systems Administration       '        393,574
                                                                          '       375,131
                                                                                               '     388,201          78,482          20% '         388 201
                                                                                                                                                                  '
                                                            260,209                            s     233,611          54,852         23% $          233,611       s                     0.00%
    5100
    5200
             Salaries & Senelits
             Operating Supplies                    '          1,361       '       266,338
                                                                                    1,375              5,500    '                       0%            5,500                             0.00%
    5300     Contractual Services                            44,653                45,354             56,300            1,635           3%           56,300                             000%
~
    5400     Other Expenses                                   7,619                 1,018             15,000                            0%           15,000                             0.00%
"   5700
    5900
             Capital Outlays
             Other Financin Uses
                                                             43,907                22,822             26,000            7,378
                                                                                                                                      "" s
                                                                                                                                       NIA
                                                                                                                                                     26,000                             0.00%
                                                                                                                                                                                        000%
                                                           357 749                                    336 411         63 865          19%           336 411       s                     0.00%
                                                   '      1,846 558       ''       336 907
                                                                                               '    1 887 764   ''   339 088          18%     s   1 887 764                             0.00",1,
                                                   $                             1 829 276 $
                                                                                                                                                                  '
    60265 City Hall Maintenance
                                                             67,355                 64,175             53,339          14,522         27% $          53,339                             0.00%
    5100
    5200
             Salaries & Benefits
             Operating Supplies                    '         12.925       '          9,354     '        9,227   '       2,144
                                                                                                                       26,475
                                                                                                                                      23%             9,227       '                     000%
    5300
    5400
    5700
             Contractual services
             Other Expenses
             Capital Outlays
                                                            188,186

                                                                409
                                                                                   169,642

                                                                                     1,229
                                                                                           5
                                                                                                      179,600

                                                                                                        6,500
                                                                                                                                      ""NIA
                                                                                                                                        0%
                                                                                                                                                    179,600

                                                                                                                                                      6,500
                                                                                                                                                                                        0.00%
                                                                                                                                                                                        0.00%
                                                                                                                                                                                        0.00%
    5900     other Financinq Uses                                                                                                      NIA                                              000%
                                                                                                                                                                                        000%
                                                   's       268,875
                                                            268 875       '
                                                                          $
                                                                                   244,405
                                                                                   244 405     '
                                                                                                '
                                                                                                     248,666
                                                                                                     248 666    ''     43,141
                                                                                                                       43 141
                                                                                                                                      17% $
                                                                                                                                      17% $
                                                                                                                                                    248,666
                                                                                                                                                    248 666       ''                    000%

    80400 Planning, Zoning and Economic Development
                                                                          s                                                                   s
    5100
    5200
             Salaries & Benefits
             Operating Supplies
                                                   $        424,969
                                                             14,518
                                                                                   322,199
                                                                                     7,953      '     391,623
                                                                                                       14,825   '      75,895
                                                                                                                        2,182
                                                                                                                                      19%
                                                                                                                                      15%
                                                                                                                                                    391,623 $
                                                                                                                                                     14,825
                                                                                                                                                                                        000%
                                                                                                                                                                                        0.00%


                                                                                                                                          .
    5300     Contractual Services                            67,030                 66,339             43,000           9,137         21%            43,000                             0.00%
             Other Expenses                                   4,278                                                                   31%
    5400
    5700     Capital Outlays                                  1,891
                                                                                     2,156
                                                                                     1,371
                                                                                                        2,000
                                                                                                        2,000             "'
                                                                                                                        2,120         .,              2,000
                                                                                                                                                      2,500                     500
                                                                                                                                                                                        0.00%
                                                                                                                                                                                        2500%
    5900     Other Financin Uses                                                                                                       NIA                                               0.00"~
                                                   s        512 686                400,018            453 448                         20% s

                                                   '        512 686       ''       400,018 $    '     453 448   ''     89.959
                                                                                                                       89 959         20% $
                                                                                                                                                    453 948
                                                                                                                                                    453.948       ''            500
                                                                                                                                                                                500
                                                                                                                                                                                         011%
                                                                                                                                                                                         011%

           Total Business Value Added Activities                                                                                      20%     s    4,075,316                    500      0.01%
           As a Percent of Total General Fund      '       4,121,014
                                                                          '      3,900,413
                                                                                                '   4,074,816
                                                                                                                 '    800,860
                                                                                                                                                                   '
           Expenditures                                        17.4',1;              16.7%              11.4%           19.4%                          11.4',1;
               City of Muskegon
               2005 First Quarter Budget Reforecast -General Fund
               General Fund Expenditure Summary By Function

                                                                                                                                                     Actual As                                         %Change
                                                                                                           Origine~l
                                                                                                                  Budget        Actue~l  Through       %ol          Revised          Change From       From 2005
                                                                        Actual2003         Actual2004      Estimate 2005             March 2005      Revised     Estimate 2005       2005 Original      Original
               II. Fixed Budget Items

       30999 Transfers To Other Funds
                 Major Street Fund                                  $                  $                   $
                                                                                                                                .,                         N/A $                 $                      000%
                 Local Street Fund                                          870,000            620,000             480,000                80,000          17%         480,000                           0.00%
                 Budget Stabilization Fund                                                                                                                                                              0.00%
                 L.C. Walker Arena Fund (Operating Subsidy)                 210,000            200,000             260,000                43,333           "''
                                                                                                                                                          17%         260,000                           0.00%
                 Public Improvement Fund (Fire Equipment Reserve)           150,000            150,000             150,000                25,000          17%         150,000                           0,00%
                 State Grants Fund (Grant Matches)                           10,856             21,328                                                     NIA                                          000%
                 Marina                                                                         40,000                                                     NIA                                          0.00%
                 Sidew-alk                                                                     125,000                                                     NIA                                          0.00%
                 MOD State Rehab Loan Fund                                                                                                                 N/A                                          0.00%
                 TIFA Debt Service Fund                                                                                                                    NIA                                          0.00%
                 Tree Re lacement                                                                                                                          NIA                                          0.00",(,
~
                                                                    $      1 240 856   $      1,156.328    $       890.000      s         148,333         17% s       890.000 $                         0.00%
:,.0
       30851   General Insurance                                    $       335,805    $                           349,375      s                          0% $
       30906   Debt Retirement                                              217,397
                                                                                               322,233
                                                                                               216,884
                                                                                                           '           3,000               2,796          93%
                                                                                                                                                                      349,375
                                                                                                                                                                         3,000
                                                                                                                                                                                 $                       0.00%
                                                                                                                                                                                                         0.00%
       10891   Contingency and Bad Debt Expense                             133,760            404,950             450,000                (50,193)       ·11%         450,000                            0.00%
       90000   Major Capital Improvements                                   285,310              11,373                10,000               6,300         63%           10,000                           000%
               Total Fixed-Budget Items                             s      2,213,128   $      2,111,768    $     1,702.375      $         107,236            6% $    1,702,375   $                       0.00%
               As a Percent of Total General Fund
               Expenditures                                                     9.3%               S.O'k                 7.3%                2.6%                         7.3%



                Total General Fund                                  $     23,705,334   $     23,388,019    $ 23,386,070         $      4,132,667           16% $ 23,391,418
                                                                                                                                                                                 '            5,348      0.02%




               Recap: Total General Fund By Expenditure Object
       5100      Salaries & Benefits                                $     13,805,336   $     14,102,556    $   14,707,844       $      2,944,198           20% $    14,707,789   $              (55)     0.00%
       5200      Operating Supplies                                          566,173            470,044           532,966                 72,491           14%         533,066                  100      0.02%
       5300      Contractual Services                                      7,108,531          7,001,472         6,957,090                916,430           13%       6,959,173                2,083      0.03%
       5400      Other Expenses                                               86,383             60,060            96,637                  8,730            9%          96,707                   70      0.07%
       5700      Capital Outlays                                             660,658            380,675           198,533                 39,689           20%         201,683                3,150      159%
       5SOO      A!l Other Flnancins Uses                                  1.458.253          1.373 212           893"000                151129            17%         893 000                           0.00%
                Total General Fund                                        23,705,334   $     23,368,019. $ 23,386,070
                                                                    $
                                                                                                                                '      4,132,667           18% $ 23,391,418
                                                                                                                                                                                 '            5,348      0.02%
            City of Muskegon
            2005 First Quarter Budget Reforecast - Non-General Funds
                                                                                                                                  Ao;:tv;riAs                                              %Change
                                                                                           Original Budo~t   Aclu;ll Thrcu;tl                   Revised E~imilte    Change Frcm
                                                                                                                                                                                           From 2005
                                                       Actva12003          Adual2004
                                                                                           Estimale2005          M¥d'I200S           ""
                                                                                                                                   Re-.t$ed
                                                                                                                                                     """                :xxl5 Original
                                                                                                                                                                                            Originlll
                                                                                                                                                                                                                                 Comm!!niS


    202 Major Streets and State Trunklines Fund
            Avzilillble F~.nd Balance· BOY
                                                   •      1.622.ces s         1,413.112    $      708,988    s       966,165
                                                                                                                                                '       966,165 $             257,177


            Means of Fi,_.,cing

                                                                                                             s                                          250.000     s                        000%
             Special ;ossi!'SSments

             Federal grants
                                                   '        358.650

                                                           1.275.245
                                                                       $        296,857

                                                                                179.854
                                                                                           $      2SO,OOO
                                                                                                1,462,000
                                                                                                                                                '      1,082.795              (379.205)    ·25.94%      STPITEOF GRANTS(HACKlEY. SHERMAN, '.\£STERN AVE PROJECTS)

             Stille gr.1nts                                4.561,233          3,012,583          2,500,000             1.832                           2.500,000                             0.1))%     SHORELINE DRIVE GRANTS

             Slate '11:;.-ed reo.-enue                     2,499,758          2,760,477         2.&48,312            200.904                           2.&48.312                             000%
             ln!en:>'ltincome                               169,533             154,196            25,000             25.001                              $0.000                25.000      100.00'%

             Opo:nting lfanslf!1'S in                                                                                                                                                        0.00".4


             "''"'                                          439.276
                                                           9,303,695   s
                                                                                301,7-40

                                                                              7,30$,707    s
                                                                                                  '300,000
                                                                                                 7,385,312   s
                                                                                                                       1,099

                                                                                                                     228.896
                                                                                                                                                         ""'·""
                                                                                                                                                       7,031,107    s
                                                                                                                                                                                             000%
                                                                                                                                                                                             -4.80%
                                                                                                                                                '                             (35<1,205)



~
    60900   Oponltlng Ellp.nditureo:
~

                                                                       s                   s
    "00        Sat:arie' &    Bl!n~ls
                                                   '        617.857             723,86S          1,095,613 $
                                                                                                                     ""·"" "" '                        1.095.613 $                           000%

    ""'
               O!)fnlting     Supp~es                        165,36~



                                                            "';"'
                                                                                230.HS
                                                                                                  ""·""'                   ""
                                                                                                                      62.3-41                            209.200
                                                                                                                                                                                             '""'
                                                                                                                                                         877.286
                                                                                                                                                                                '"'"' '""'
    5300       Cont~:ll~ces                                                   1,097,375            853,400           20o1.n3                                                                            CSX SIGNAL M".INTENANCE RETROATIVE PAYMENTS
                                                                                                                                     ""                                                      000%
    5<00
    "00
               Olh« Expenses

               Capital Outlii)'S
                                                               5.351              5,795
                                                                                                     '·""'               '"           1<%                  4,000

                                                                                                                                                                                             0.00%

                                                           1,172,474            940,60:l           951,256
                                                                                                                                      ""                 951.256                             000%
    5900       other Financing Uses

                                                           2,924,2&3 $                     s
                                                                                                                                      ""                            s            23,880      on%
                                                                                                                                                                                                        DEBT SERVICE & TRANSFER TO LOCAL STREETS $300,000 IN 2003>tl4


                                                   '                           2,997,783         3,113,475 $         490.746
                                                                                                                                      "" '             3,137.355


    90000   i'l"oj.ct Ekpet'ldinns

                                                                                                             $                        N/A
    5200
    5300
               0p(!r.lijng :&ippties

               CO!liRctuill 5ef'vices
                                                   '       6,568,395
                                                                       $
                                                                               US..,871
                                                                                           $
                                                                                                 4,750.000            43,896           1%
                                                                                                                                                $
                                                                                                                                                       -t.350,000
                                                                                                                                                                    $
                                                                                                                                                                              (-400,000)
                                                                                                                                                                                             0.00%
                                                                                                                                                                                             -6.42%     SEE "BUDGETED CAPITAL r.IPROVEMENTS" FOR DETAIL
               COJpitaiCMt;~oys                                                                                                                                                              0.00%
    "00
                                                           6,58e,3.95 $        4,754,871         4,750,000 $          '13,691!1
                                                                                                                                      ""               4,350,000    s          ~400,000)     -.!1.42%

                                                           9.512,876 $         7,752,854
                                                                                           's    7,863,475   s       534,642          ,.. '
                                                                                                                                       1%

                                                                                                                                                       7,487,3~                              -4.78%
                                                                                                                                                '
            A....,;tobl• F...,d 8<11.....,•· EOY           1,413.112   $        966,155    s       230,825   s       680,419                             509,917               279.092
                                                   '                                                                                            '                   $
             City of Muskegon
             2005 First Quarter Budget Reforecast -Non-General Funds
                                                                                             Ori'Oinal Budget   Actual Thra>gh
                                                                                                                                  AduaiAs
                                                                                                                                             Revised Estimate    Change From
                                                                                                                                                                                      •,;,chang"
                                                      Adulll2003          Actual200oll                                              %of                                               From 2005                           Comments
                                                                                             Estimate 2005       Marct\2005                       2005               20050nginal
                                                                                                                                   Revised                                             Original

     203 Local Streets Fund
             AYlilllbleF>n:!Salance- BOY
                                                  •          9,701
                                                                      •         145,641      s      -438,799 $        265,129
                                                                                                                                             •       265,129     s        (173,670)


             Means of Finllncing
              Spe<:ial assessments

              Fedcr.JI grants
                                                  •        240,761

                                                           246,000
                                                                      s           85,557 $           125,000 $
                                                                                                                                             •       125,000 $
                                                                                                                                                     500,000              500,000
                                                                                                                                                                                        0.00%

                                                                                                                                                                                        0.00%      MALL PROJECT

              Stategr.~nts                                1,120,771             13a,OSO                                                                                                 0.00%
              Melro~fees                                                                             140,000                                         140,000                            0.00%

              state shared r~:Nenue                        666,649              699,026              669,262            55,631                       689,262                            0.00%
              Interest Income                               15,133                24,065              15,000                37                         15,000                           o.w,;,
              Oper.ting tr.msfi!B in                      1,370,000             920,000              760,000            80,000                       780,000                            0.00%      GENERAL FUND TRANSFER: $300,000 TRANSFER FROM MAJOR ST.
              other
                                                               ""                135,116             180,000                                          180,000                           0.1)')%


~                                                 •       3,659,920 $         2,001,614      $     1,929,262 $         135,668
                                                                                                                                             •      2,429,262    s        500,000      25.92%


""   60900   Opoonoting Expendii0%

                                                                                                                                     3%
                                                                                                                                             '       <45:2.272 $

                                                                                                                                                      110,000
                                                                                                                                                                                        0.00%

     5200                                                                                                                                                                               0.00%
     5300       Contr.ctual SeNI~                          631.5613             790,509              650,000           150,990      24"k             656,1:20                6.120      0.~%       CSX SIGNAL MAINTENANCE RETROATIVE PAYMENTS

     5«»
     5""
                Oth~ Expenses

                Capital Outlays
                                                              '·""                 1,291                1,000               30       3%
                                                                                                                                    WA
                                                                                                                                                         1,000                          0.00%
                                                                                                                                                                                        0.00%
                                                            64,169                39,4'16                                           NIA
     """        Other Finai')Qolg Uses                                                                                                                                                  0.00%

                                                  •       1,313,246 $          1,603,982     s     1.213,272 $        ·308,33-(     25%
                                                                                                                                             •      1,219,392 $              6,120      0.50%


             ProjiiCI E>tpendii\JfltS
     "'""
     5200       Oper<~~ng

                Con!~al
                              Suppies
                               ScMces
                                                  •       2,210,734
                                                                      •          :ne.~
                                                                                             •       s-45,000
                                                                                                                5
                                                                                                                        50,541
                                                                                                                                    NIA
                                                                                                                                     <%
                                                                                                                                             5
                                                                                                                                                    1,410,000
                                                                                                                                                                 •        465,0::0
                                                                                                                                                                                        O.OO"k
                                                                                                                                                                                       49.21%      SEE ~BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
     ""'                                                  2,210,734 $           278,364      $       945,000 $          50,541       <%
                                                                                                                                             •      1,410,000 $           465,0C0      49.21%
                                                          3,523,9&1   $        1,882,326     $     2,158,272 $         358,875      1<%
                                                                                                                                             •      2,629,392                          21.83%


             AYI!Iilllble F..,d Bataoo::o • EOY
                                                  •         145,641   s          265,129     s       209,7S9 S          41,922
                                                                                                                                             •         64,999 $           (144,790)
             City of Muskegon
             2005 First Quarter Budget Reforecast -Non-General Funds
                                                                                                                                             AduaiAs                                                %Change
                                                                                                    Original Suclgfl   A<:h.o~   Through                R....Med E.timale        Change From
                                                              "'clual2003          Acluai20CH
                                                                                                    Estim;ote 2005         March 2005
                                                                                                                                               %d                                2005 Ongin.al.
                                                                                                                                                                                                    From 2005   Comments
                                                                                                                                             Re.,.sed         3005                                   Onginal

     254 L.C. Walker Arena Fund
             Awiit-..a Ftlld Balanee- BOY                            J~cH6                                 (169,158) 5            38,31<4                                              227,<172
                                                          '                    S         37.588 $
                                                                                                                                                        '         38.31<1    $



             Mn..,. of Finlncing
              SpeOal assessmoents                                                                                                                                                                     000%
              St31e gr.ants
                                                          '                    '                    '                  '                                '                    '                        000%
              Sbte 5ha-ed reve"Jue                                                                                                                                                                    0.00%
              Charges for services                                  597,287             711,064             737,600              214,190                         737.600                              0.00%
              lnte,..,~   income                                      1.331                1,<193               500                                                   500                             000%
              O!>cuting    trans1e~   in- Gen.,.l Fund              270.000             200,000             260,000               <13,333                        260,000                              0.00%
              Optnting tranders in· TJFA Fund

              Oponting t...,nsf....., in Insurance Fund
                                                                     60,000              56,000
                                                                                        251,663
                                                                                                             "'·""'                                               "'·"""                              0.00%
                                                                                                                                                                                                      000%

              "'""                                                    '·""'
                                                                    931J:l&4
                                                                                          6,103
                                                                                                              '·""'
                                                                                                          1,059,100    s
                                                                                                                                   1,201
                                                                                                                                 25B,724
                                                                                                                                                                     1.000
                                                                                                                                                                1,059,100    5
                                                                                                                                                                                                      OJXI%

                                                                                                                                                                                                      000%
~
f)                                                        '                    $       1,226,323    $
                                                                                                                                                        '
     70805   0poo,..;ng E_.,..urr...

                                                                                                                       s


                                                                                                                                               -
                Salllries& Beneftts                                  12,394 5             11.892 5           13,76<1                           WA                                       (13.764) -100 00%
     "00
     5300       Oper;oting Supp~es
                                                          '                                                                                    WA
                                                                                                                                                        '                    '                        000%
     "00        Conlr.Jclual Sero.ices                              916,178             965.410           1,010.000              298.905                        1.010,000                             000%
     5<00       O!her &pen~                                                                                                                    WA                                                     0.00'%
     "00        Capital OJrtays                                                                                                                WA                                                     0.00%
                other Finaoci'>g Uses                                                                                                          WA                                                     000%
     """                                                            9:!6,572   s        9n.302 s          1,023,7S.    s         298,905                        1,010.000                (13.784)
                                                          '                                                                                    "'%
                                                                                                                                                        '                    $                       ·1.3-<1%


     90000 Project Expenditures
     5300       Open.bl'lg Suwlies                                                                                                             WA
     "00        Cont!xluai S.Nices
                                                          '                    '        2<13,295
                                                                                                    '                  '                       NIA
                                                                                                                                                        '                    '                        0_00%

                                                                                                                                                                                                      0.00%
                                                                                        248,295 s
                                                                                       1,225,597    s      1,023,764
                                                                                                                       •         298,905
                                                                                                                                               NIA
                                                                                                                                                   '                         '                        0.00%
                                                                    92B.572 $                                          $
                                                                                                                                               ""' '            1,010.000                             ·1.~".4




             Awilml• Fund Balanc•- EOY                               37.5&8 $                               (153.822) $            (1.867}                         87,414    s          241,236
                                                          '                               36.314    $
                                                                                                                                                   '
                City of Muskegon
                2005 First Quarter Budget Reforecast -Non-General Funds
                                                                                                                                  Adual As                                           %Change
                                                                                          Origin<~!   Budget    Actual Thr0t1gh               Re'Yised Estimille    Change from
                                                      Adual2003           AduaJ2004
                                                                                                                 March 2005
                                                                                                                                    %cl                             2005 Original
                                                                                                                                                                                     From 2005                            Comments
                                                                                              Estimate 2005                       Re..,;sed
                                                                                                                                                     2005                             o,; 9 nat

        403 Sidewalk lmr:>rovement Fund
                Awilable F..,d Balano:o- BOY      $        (55,002) $        1,032,893    $           915,395   s    1,0:24,303               $       1,024,303 $         107.008



                Means of Fii'I.iees                     1,013                                                                  WA                                                 0.00%


        ""'
        S700
                   Olh!Y Expenses

                   Capital OUtlays
                                                                                                                                    N%       $        <108,333 s                      0.00%


        90000   Project Expenditures

                   Operabng SUpp~es               $                   $               •   $                     $                   Ntnbutions                                                 303,011                                                                                                           0.1))%

             s;~~es   of Property                         "i7.939            200,+42              150,000             15,775                               150,000                             0.00%      Sf:AWAY INDUSTRIAL AND OTHER L.ANO SALES

             lntetl!'SI:   ln<::OIIll!                    16,347               10,499               6,000              3,744                                 6,000                             0.00%
                                                                                                                                                                                                          GENERAL FUND TRANSFER· FIRE EQUIPMENT RESERVE ($150,000)·,
             Openling tr;onsfei"S in                     150,000            1,0&1,000             150,000             25,000                               250,000               100,CXXJ     66.67%
                                                                                                                                                                                                          FROM OM FOR ULA REPA'YMENT ($100,000)

                                                                                                                                                           200.000                             000%
             "'""'                                        75,454

                                                        680,340     $
                                                                               44.012
                                                                            1,697,964    s        306,000    s       44,519                   s            606.000    s          """""
                                                                                                                                                                                 300,((()     98.04%
                                                                                                                                                                                                          POSSIBLE LEASE PORTION OF FIRETRUCKS




~
D   30936   Op&raing ExpendlurltS

    "00        Sal~ries        & eenelits     s                     s                    s                   s                                s                       s                        0.00%

    "00        Opll!l'il~ng &Jpp~es
                                                                                                                                  ""
                                                                                                                                  WA                                                           0.00%
               COI"II!'llctwol SeNices                                                              S,OOO                          0%                        5,000                             0.00%
    ""'
    Sle FU'Id Balance· EOY               1,519    s          1,607    s          1,519 $         (67,022)                $           1,607 $
                                                '                                                                                                                            "
            City of Muskegon
            2005 First Quarter Budget Reforecast -Non-General Funds
                                                                Actual2003           Act..W2004
                                                                                                      Original SudO• • BOY                                                                      16,171    s                                                    s
                                                            '       (183,5&1) $           (:20.982) $                             (24,263)
                                                                                                                                                         '        (:24.263)               {40,434)



            Me- of Fin.,.,;rog
                       a~ents                                                    s                                       s
             Special
             Stale grants
                                                            '        :256,612              11,336
                                                                                                      '     1,000,000
                                                                                                                                                         '      1,000,000
                                                                                                                                                                              '                         0.00%
                                                                                                                                                                                                       000%
             Stille 5hared ~"                                                                                                                                                                           0.00%
             Ct\ilrpe$ for !ioi'!I'Vic:es                            263,880              256,297             265.000             80.916                         JOOOOO                    15,000       5.26%
             Interest income                                                                                                                                                                            0.00%
             Oper.Jiirtg tr:ansfel"$ in

                                                                      10,378
                                                                                           "'·""'
                                                                                           10,684           1.000,000                                           1,000,000
                                                                                                                                                                                                        000%
                                                                                                                                                                                                        0.00".4   POSSIBLE BOND FOR LOC"l MA.TCH
             """"                                                    530.870 $            318,369     s     2.285,000    s        80,916                        2.300.000 $                15,000       0.66%
                                                                                                                                                         '
    70756   Oper•tng EllpWidjlurr.o
)
)              S..laries&&!nellts                                    113,876     s        120,467     s       119,852    s          8,860                         125.417     s             5,060       4.64%                              "Ktet~ded

                                                                                                                                         "',% '
                                                                                                                                                                                                                  PfT Clerie:al position               due tom3ll!lf'nlty leOIM!
    "00
               Opera~ng
                                                            '                                                                                                      12,625                               000%
    ""'
    5>00
                              S...ppijes

               Contr3d!J:aol SeNices
                                                                      20,491
                                                                     130,577
                                                                                           15,196
                                                                                          1-48,288
                                                                                                               12.625
                                                                                                              129,al0                 "'
                                                                                                                                   17,411                         129,200                               0.00%
                                                                                                                                         "''                                                            0.00%
    ""'        Oth..- Expenses

                Capit;!Outl3~
                                                                                              '"
                                                                                             1,611
                                                                                                                                      "         WA

                                                                                                                                                                                                        0.00%
    "OO
    5900       O!her Finane'ng Uses
                                                                         "'                                                                     WA

                                                                                                                                                WA                                                      0.00%
                Other C:osn 1.,lse$ (e.g_ Debl Principal)             (21,576)              8.011                                               WA                                                      0.00%
                                                            s        244.2(9     s        293,933     s       261,677    s         26,440       ,0%      s        257,242     s             5,565       213%


            Proj-=1 Exp..-aditurn
    "'""        Opa;o6ng      Supp~~                                                                                                                                          s
    '""
    5>00        Contnoctu:r! SeNia:s
                                                            '         12~.083
                                                                                 '          27,717
                                                                                                      '                  '                      WA
                                                                                                                                                         '                                              0.00%
                                                                                                                                                                                                        000%      SEE ~BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL

    5700        Caplim:;ate2005     Mari:h 2005
                                                                                                                                          ""
                                                                                                                                        Re\llsed"
                                                                                                                                                          2005             2005 Ongiflal
                                                                                                                                                                                           From 2005
                                                                                                                                                                                            Original

     642 Public Service Building Fund
             Availabl• C5ti Selance. BOY               $        (75.628) t            12<11.264 $          32,554    s      80,971                  $        80,971    s          48:411


             MHns: of Fin.,c:ing
              Spse,.                                 (18,515)
                                                                                        ··=                    ~                           ~                     ~

                                                                                                                                                              70,000
                                                                                                                                                                                             000%
                                                                                                                                                                                                       SEE ~BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
     ""'
     0900
                capitorOutlolys

                Other FlNncF.g U51!!s
                                                                 32,813                124,476             70,000
                                                                                                                                '"         0%

                                                                                                                                           N"
                                                                                                                                                                                             0.00%
                                                                                                                                                                                             0.00%
             O!her Cash Uses and Adjustmeflts (e.!l.
                                                                (68,171)                (7,006)                                            N"                                                0.00%
             Debt Pnncip3IJ
                                                       $        ~13,2!0    s          614,333     s       575,101
                                                                                                                     '       83,947
                                                                                                                                           "" •              575.101   $                     000%


     90000   Project Ezp.ncliiUI'U

                              SuPJI~e$                                     $                                                               NIA                         $                     000%
     ''"'
     "00
                Opcnting
                Contractu& &:Noes
                                                       $
                                                                                                  '                  $

                                                                                                                                           NIA
                                                                                                                                                    '                                        0.00%
     "00        C3pil31 Out~ys                                                                                                             NIA                                               000%
                                                                                                                                           WA                                                000%
                                                                ~13.2!0      s         61~.333    s       575,101    s       83,947        >5%
                                                                                                                                                    '
                                                                                                                                                    $        575.101
                                                                                                                                                                       '                     0.00%


             A,...,;UIIl>le Cash Balance • EOY         $        124,264    s            80,971    s         27,325   s
                                                                                                                             ""'                    •         75.742   s           ~.417
             City of Muskegon
             2005 First Quarter Budget Reforecast -Non-General Funds
                                                                                                                                        Ad~~As· Revised Estimate                           %Change
                                                                                                Ooigir~al Bud!<"'!   Actual Through                                       Change Frcwn
                                                            Adual2003           Adual:2004                                                                                                 Fran 2005                        Comments
                                                                                                Estimate 2005            M;vd\2005      Re-.\sed       2005               2005 anginal
                                                                                                                                                                                            Original

     643 Engineering Services Fund
             Awilllble Cash Balance· BOY
                                                        •       101,200     s         86,869    s         16,826 $            7~.410
                                                                                                                                                   •      74,410      s          57,58<4


             Means of Finllflcing

              Special assessments

              State grants
                                                        •                   •                   •                    •                             •                  •                     0.00%

                                                                                                                                                                                            000%

              State shared r....,.,.,ue                                                                                                                                                     0.00%

              Chilrges for services                              516,169             487,233             565.000             115,040                     565,000                             0.00%     INTERDEPARTMENTAl CHARGES
              lllle~st   income                                    1,786               1,018                                                                  1.500                          0.00%
              Oper;rting transrem ;n
                                                                                                            1.500
                                                                                                                                '"                                                           0.00%

              other
                                                                   '·""
                                                                524,265     $
                                                                                      25,332
                                                                                     513,583    $
                                                                                                          50,000

                                                                                                         616.500     s       115,351               $
                                                                                                                                                          50,000
                                                                                                                                                         616,500      s
                                                                                                                                                                                             0.00%

                                                                                                                                                                                             0.00%


     &1447   O~rlllling   Experu::lit..-III'S

""   ""'        Salaries & lnnelits
                                                        •        362,839    s        361,330    s        459,364     $        81,886      18%
                                                                                                                                                   •     459.3&4 $                           0.00%

                Operating Supplies                                16,514              16,758              22,095               7,123      32%             22,095                             0.00%
     ""'        Cootractual SeMa!S                               1-49,159            133,938             139.244              19,499      H%             139,244                             0.00%
     ""'
     ""'        Oth.,.. E>               5,542                                              WA                                                 0.00%

                                                        $        538,596 $           526,042 $           633,203 $           116.512      "%       •     633.203 $                           0.00%


             Project Ellpendirures
     "'"''
     ""'        Operating SUppies

                Contr.octual SeNoes
                                                        •                   •                   •                    •                    WA
                                                                                                                                                   •                  •                      0.00%


     ""'                                                                                                                                  WA                                                 0.00%


     ""'        C3pi!al Outt:ays

                                                                                                                     •s
                                                                                                                                          N'A

                                                                                                                                          N 2005
                                                                                                                                 Re.,.;,..,d
                                                                                                                                                    ""'                200S Original
                                                                                                                                                                                           Original

677 General insurance Fund
       Awililble Clt5h Balance· BOY                               $         so2,sn s         1,050,093 $            65-4.597                           ~.597       s
                                              '        8&4,953
                                                                                                                                               '                            09$,496)



       MNn$ of Finwocing
                  ~ssessments
        Special

        Stategr;o.nts
                                              '                   '                     '                  '                                   '                   '                        0.00%
                                                                                                                                                                                            000%
        SI;Re shared re:Ye'IUe                                                                                                                                                              0.00%
        Charges fa sef\liees                         2.4'19,390           2,565,881          2,792,318              636,591                          2.792,318                              CJ.OO%       INTERDEPARTMENTAL CHARGES
        !ntere9; inc:ome                                11,560                 9,240             12,000               2.647                             12,000                              000%
        Repayment of ODA Adv;once                                                                41.933                                                 41,933

        Opor.~ting   lr.lnsfeo; In                   1,179,938             1,240,95EI         1,300.000                                              1.350.000                 50,000     3119.42%       TRANSFER FROM PENSION fUNDS FOR RETIREE HEALTH COSTS

        "~'                                            127,635              137.914
                                                                           3,953,994    s
                                                                                                "·""'
                                                                                             4,171,251              639,238
                                                                                                                                                        75,000
                                                                                                                                                                               "'·""
                                                                                                                                                                            4,24f.i.25t
                                                                                                                                                                                           -94 23%

                                                                                                                                                                                          16985 00%
                                                     3.768,523    $                                        $
                                                                                                                                               '     4,271,251
                                                                                                                                                                   '
~ti·   Operlllling ExpDn.oices
                                              '                   '                     '                  '                        N   60559    openlling E:cpenditurc•s M<>intornroce. Cily
                                                                      849.8ii8i           ~                   1.659:i33               61,638

                                                                                                                                                  "'              t:sss:;33                            0.00%



         5100
         S200
                     Salaries & 8eflefits
                     Operabng SJpplies
                                                              S        993.n.t
                                                                       2'16,145
                                                                                            875,621
                                                                                            159,1<40
                                                                                                                 889,296
                                                                                                                 121,360
                                                                                                                                    153,576
                                                                                                                                     21,980
                                                                                                                                                  "%
                                                                                                                                                  "%
                                                                                                                                                                    869.296
                                                                                                                                                                     121.360
                                                                                                                                                                                                      ·46.<40%
                                                                                                                                                                                                        0.00%
                     Conti2Ctuat SeMces                                43ti,252             349,616              446,637             55,646       "%                '146,637                            0.00%
         ""'
         ""'         other Expenses                                      9,788
                                                                                                ,,.
                                                                                              (5,<450)            33,280
                                                                                                                                         '" 3%                       33,280                            -96.:26%
         "00
         5900
                     Capital Outlays
                     Other Financing uses
                                                                         8.628                                     ,,000
                                                                                                                                         "' '""   NIA
                                                                                                                                                                      9.900                            -91.64%
                                                                                                                                                                                                      -100.00%
                                                                      1,694,537   s        1.379,581           1,500,'173           232,783      1'6%             1,500,'173 $                       «05'63%
         6066(1   Opel'llling E:cpenditurK Mainlenence- Township
         5100       Salaries & Benefits                   S      117,799                     62,056                                   18,290      NIA                                                 ·100.00"-'>
         5200       Op.,..tin; SJpp~es                             5,'194                     1,035                                    3,778      N'A                                                  0.00•,(,
         5300       Contractual Seflliees                        111,495                     51,791                                               NIA                                                  0.00%
         5<00        Other E>cpensleCash Balance- EOY                                                                                                                      543.066 $               39,310
         City of Muskegon
         2005 First Quarter Budget Reforecast -Non-General Funds
                                                                                                                                            AduaiAs                                    Fran       %Chartge
                                                                                                Origirn~l   Budget       Aclu.ai Throogh              Revised Es!imale        Ch¥~ge
                                                           Adu:al2003          Adu'ments
                                                                                                E:s~~mate2005                M~200$                                           2005 Onglflal
                                                                                                                                            Re"sell
                                                                                                                                                           """                                     Origin;;~!




590 Sewer Fund
         Awill!lbl• Cash Bill"""• • BOY
                                                       •       1,231,951   $       1.046,32!1   $                   .    .     1,397,15<4
                                                                                                                                                      •      1,397,15<1   $       1,397,154



         M•- of Fin.,cing
          Special assessments

          Fed~al ~nts
                                                       •                   •                    '           <450,000
                                                                                                                         '                            '       <\50,000
                                                                                                                                                                          '                         000%
                                                                                                                                                                                                    0.00%
          st::ote   ~To~nts                                                                                 100,000                                           )00,000                               0.00%       SHORELINE DRIVE
          State sh;wed fi!'Verme                                                                                                                                                                    0.00%
          Ch:orges for ...,..,.;.,es                           ...ooa.nJ           '1,032,673          4,$94,500                                             <\,594,500                            92100%
          Interest income                                        19,739               12,821                 20,000                                             20,000                             -80.00%
                                                                                                             '11,933                                            41,93l
          Opoer.atiog ~nsfers in                                                      47,7!36                                                                                                       0.00%

          O"N                                                    48,1171             196,450                 80,000                                             80,000                             -98.26%
                                                               4,077.483   s       '1.291,7~    s                        s                                   5,286,433    s                       26332.17%
                                                                                                       5,286,'133
                                                                                                                                                      '
305411   0,..,.11'10 Elq)..-.dilures A%      $        828,846 s                            o.oo%

60559    Opani!lng Eqo.-!cilur""' Malnc.-..-.c•

"00          S:rl;ui~    & ~rills                      $        609,560 s            689.690 $              889.296 s            152.885      "%               789.286 t            (100,010)       n.s1%
                                                                                                                                                      '
5200

""'
"00
             Oper:r~ng

             C~;IISe-ro.;OI!S

             Other Expenses
                              Stipplill!'5                        44.036
                                                               1.588,136
                                                                   2,248
                                                                                      42,978
                                                                                    1,8&1.048

                                                                                        1,569
                                                                                                             60,798
                                                                                                       2,000,1Xl0
                                                                                                                                   4,421
                                                                                                                                 276,2~6        .
                                                                                                                                              ,."'
                                                                                                                                                                 60.798
                                                                                                                                                             1.958.840                 (41,160)
                                                                                                                                                                                                   -92.66%
                                                                                                                                                                                                    0.00%


                                                                                                               "''"'                  '       ~
                                                                                                                                                                  '""                               000%
"00         C:rpit:IIOullays
                                                                   '·""                 4,005
                                                                                                               '·""'                 "" "'                        '·""'                            -99.21%

""'         Olher fi""'ncinll Uses
                                                       $       2,253,616 s         2.599,278 s         2.959,S94 s               433.706
                                                                                                                                              N"
                                                                                                                                              >5%     $      2,818,424 t            (141.170)
                                                                                                                                                                                                   -10000%
                                                                                                                                                                                                    4D.92%


90000    Proj.et Expandiruru


                                                                                                                                               ,.. '
5200         Op~nting Sopp~es                          $                   $
!000        Cortr.lctual        Ser.;ces                       1,106,572             511,938
                                                                                                '           970,000
                                                                                                                         $
                                                                                                                                  13,137
                                                                                                                                              NIA
                                                                                                                                                             1,120,000
                                                                                                                                                                          $
                                                                                                                                                                                     150,00'J
                                                                                                                                                                                                    0.00%
                                                                                                                                                                                                   -62.16%      SEE "BUDGETED CAPITAL IMPROVEMENTS' FOR DETAIL
5700         Capital Oullilys                                                                                                                 NIA                                                   0.00%
                                                               1,108,572 s           511,938 $              970.000 s             13,137       1%     $      1,120,000 $             150.00l        0.00%
                                                               4,263,106 s          3,940,914   s      4,758,440 s               •69,443
                                                                                                                                              ""'     $      4,7e7,270                              0.00%


         Avtlilabl• C..,.h Balane•· EOY                $       1,046,328            1,397,154 s             527,993 $            927,711                      1,916,317
                                                                           $
                                                                                                                                                      '
1Clty of Muskegon
1
2006 First Quarter Budget Reforecast ·Major Capital Projects
                                                                                                                               lstOuartu       2ndO.uarttr
                                                                                   Rosponsibll!ty       011g1nar Budget           Budget           Budge!                          COmiill'ntS
                                                                                                                               Rei'Oitcii:SI   Relortcll$1



                                                                                                  2005 PROJECTS
    101 General Fund
                                                                                  8Nbokor-Ciorlco   $          10,000     s        10,000



    202 Major Streets
    ''""    Clo:y, Tomo,500,000
                                                                                                                                                                          Roorr &Morlcol)                  AJ.Shotel                                   500,000                                     f't!UI I (W..tom Avo)

94017 Fronldin, Laketon lo         ~olond   (1100')                                 AJ.Shatel                 150,000           150.000

9-WOB Witten, £mw&ld toMurplly with H0ME{16Cla)                                     AJ.Shatol                 180,000 ~


                                                                                                             ~"'"'
                                                                                                                              1,410,000



403 Sidewalks
9~9        200S Sidowolk Roplo0111
                                                                                          95.000

                                                                                          60.000
                                                                                                         95.000

                                                                                                         60.000



....
"'"
...,,
        llllolld, Fo!ll
                                                                                         130,000

                                                                                          10,000
                                                                                                        130.000

                                                                                                         15,000




"""
91635
        Cll'f, hmoe•toSpnng(1000}

        MIJ O.vol~nt{W.sjom, So.<>S OP'NE\l .
         -4 o ~ ""' ~ru\<~:>ws \C


                                                                    BUYER: MIJU CORPORATION




                                                                   EIN: ----------------------------




PREPARED BY:
John C. Schrier (P36702)
PARMENTER O'TOOLE
175 W. Apple Avenue
Muskegon, Michigan 49440
Phone: (231) 722-1621




0:\Pianning\COMMON\Property\Buildable lot Sales\sportfisherman purchase agreement. DOC
                                                       EXHIBIT A
                                                   LEGAL DESCRIPTION


LOTS 4 AND 5 OF BLOCK 170 OF THE REVISED PLAT OF 1903, CITY OF MUSKEGON,
MUSKEGON COUNTY, MICHIGAN, AND PART OF LOT 3, BLOCK 170 OF THE
REVISED PLAT OF 1903, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF
LOT 3, THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF OTTAWA
STREET 44 FEET, THENCE NORTHWESTERLY TO A POINT ON THE EASTERLY LINE
OF WESTERN AVENUE 38 FEET NORTHERLY OF THE NORTHERLY OF THE MOST
WESTERLY CORNER OF LOT 3, THENCE SOUTHWESTERLY 38 FEET TO THE MOST
WESTERLY CORNER OF LOT 3, THENCE SOUTHEASTERLY TO BEGINNING, EXCEPT
ANY PART OF THE REALIGNED OTTAWA STREET AND SHORELINE DRIVE.




0:\P!anning\COMMON\Property\PropertySa!es\Sportfisherman\sportfisherman purchase agreement.DOC
                           BUYERS ACCEPT PROPERTY "AS IS"

 Date: June 01, 2005


 Property:  625 ottawa St.
            Muskegon, MI 49442
 Commitment No.: MUS438585


       We, the undersigned, being the buyers of the above captioned property, understand and
 acknowledge that Buyer(s) are buying the property in an "AS IS" condition and that neither the
 Seller(s) nor Realtor make any warranties as to the structure(s) located upon the land purchased
 or the condition thereof.

        Further, the undersigned agree to indemnify, save and hold harmless and and Transnation
 Title Insurance Company, from any responsibility and/or liability, loss or damage relative thereto.

       The foregoing ngreement is hereby accepted and approved on June 01, 2005.



MIJU, Inc.
                                                  QUIT-CLAIM DEED

KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,

QUIT CLAIMS to MIJU CORPORATION of2597 Memorial Drive, Muskegon, Michigan 49445

the following described prem.ises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:

                                                 SEE ATTACHED EXHIBIT A

for the sum of: Fifty Two Thousand Three Hundred Thirty-Four and 66/100 dollars ($52,334.66)

l?ROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and tenninate the reverter clause.

This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).

Dated this   (y(_>   day of--'/c_('-'("'l'-'L+j----' 2005.

Signed in the presence of:

c::iuru0J
 L,>1  t(q/o
             .Adu     /I-f'/'

'71" Ll<~~~l(
       -~~ !\ T) T\ ~f'vl::'lli» '>~ ;
STATE OF MICHIGAN
COUNTY OF MUSKEGON

      Signed and sworn to before me in Muskegon County, Michigan, on           I1Jav
                                                                         o212_, 2005 by STEPHEN
J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk,ill]feCtively, of the CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.


                                                         ~- ;£;1/1~-:;otary
                                                        Ac~in the County of     7?ZuJ/(eg.on
                                                                                               Public

PREPARED BY: John C. Schrier                             1/ I us~¥,",.,                Cofi'nty, Michigan
Pam1enter OToole                                        MyComm. E pires:       ?-o?0    -ot,
175 W. Apple Avenue/P.O. Box 786
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee                        SEND SUBSEQUENT TAX BILLS TO: Grantee
                              EXHIBIT A
                          LEGAL DESCRIPTION


LOTS 4 AND 5 OF BLOCK 170 OF THE REVISED PLAT OF 1903, CITY OF MUSKEGON,
MUSKEGON COUNTY, MICHIGAN, AND PART OF LOT 3, BLOCK 170 OF THE
REVISED PLAT OF 1903, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF
LOT 3, THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF OTTAWA
STREET 44 FEET, THENCE NORTHWESTERLY TO A POINT ON THE EASTERLY LINE
OF WESTERN A VENUE 38 FEET NORTHERLY OF THE NORTHERLY OF THE MOST
WESTERLY CORNER OF LOT 3, THENCE SOUTHWESTERLY 38 FEET TO THE MOST
WESTERLY CORNER OF LOT 3, THENCE SOUTHEASTERLY TO BEGINNING, EXCEPT
ANY PART OF THE REALIGNED OTTAWA STREET AND SHORELINE DRIVE.
                                        SURVEY WAIVER

 Date: June 01, 2005


 Property:625 ottawa St.
          Muskegon, MI 49442
 Commitment Na.:   MUS438585


       We, the undersign~d, herein acknowledge that we have been strongly advised to obtain a
 land survey showing the dimensions of the property and the location of all buildings situated
 thereon. We have agreed, completely of our own volition, not to obtain a survey and wish to
 complete the transnction without the recommended survey.

        Further, the undersigned agree to indemnify, save and hold harmless and and Transnation
 Title Insurance Company, from any responsibility and/or liability, loss or damage concerning or
 pertaining to survey matters, including but not limited to size of lot or land, location of boundary
 lines, locations of buildings and encroachments of any kind.



MIJU, Inc.
                                         Transnation Title Insurance Company
                                              570 Seminole Rd Ste 102
                                                 Muskegon, Ml 49444

Escrow Officer: Amy Fett                                                                          Title No.: MUS438585
                                                                                                       Date: 06/01/2005
                                            SELLER'S SETTLEMENT STATEMENT


Seller(s):       City of Muskegon, a municipal               Buyer(s):   MIJU, Inc., a Michigan Corporation
                 corporation

Property:        625 Ottawa St.
                 Muskegon, MI 49442
                 Revised, Blk 170, Lots 3-5

                                                                                    DEBIT                  CREDIT

Contract Sales Price                                                                                        $52,334.66
Commission Paid at Settlement                                                             $0.00
                              to
                              to
Settlement or closing fee to LandAmerica Transnation                                   $125.00
Title insurance to LandAmerica Transnation                                             $316.00
                                       ***** Sub Total                                 $441.00             $52,334.66
Balance Due To Seller                                                               $51,893.66
Total                                                                               $52,334.66             $52,334.66


                      The above figures do not include sales or use taxes on personal property.
                                            APPROVED AND ACCEPTED

                                                              Broker:
City of Muskegon, a Municipal Corporation

BY   c\c~ "Cf\ytt\j o~~             ,Q                        By:
                                       Transnation Title Insurance Company
                                              570 Seminole Rd Ste 102
                                                Muskegon, MI 49444
Escrow Officer: Amy Fett                                                                          Title No.: MUS438585
                                                                                                       Date: 06/01/2005
                                      PURCHASER'S SETTLEMENT STATEMENT


Buyer(s):       MIJU, Inc., a Michigan Corporation         Seller(s):      City of Muskegon, a municipal corporation

Property:       625 ottawa St.
                Muskegon, MI 49442

                Revised, Blk 170, Lots 3-5


                                                                                DEBIT                     CREDIT
Contract Sales Price                                                             $52,334.66
Settlement or closing fee to LandAmerica                                            $125.00
Transnation
Recording                Deed:           Mortgage:           Releases:               $17.00
Fees                    $17.00

                                      *****   Sub Total                          $52,476.66                      $0.00
Balance Due From Borrower                                                                                   $52,476.66



Total                                                                            $52,476.66                 $52,476.66




                      The above figures do not include sales or use taxes on personal property.
                                             ACCEPTED AND APPROVED

                                                             Broker:
MJJU, Inc.


                                                             By:
                                  CONTINGENCY REMOVAL

 Date: June 01, 2005

 Property:    625 Ottawa St.
              Muskegon, MI 49442

 Seller(s):   City of Muskegon, a municipal corporation

 Buyer(s):    MIJU, Inc., a Michigan Corporation

 Commitment No.: MUS438585


          In reference to the sales agreement dated 5/10/2005 between the Buyer(s) and Seller(s)
 herein identified, and all subsequent addendums to that agreement for the property stated above,
 it is agreed by the Buyer(s) and Seller(s) that all contingencies pursuant to said agreement, have
 been met, resolved or removed to the satisfaction of all parties concerned.

        Further, the undersigned agree to indemnify, save and hold harmless and and
 Transnation Title Insurance Company, from any responsibility and/or liability, loss or damage
 relative thereto.



MIJU, Inc.
                        AFFIDAVIT BY OWNER/SELLER/BORROWER


The undersigned is the owner/seller/borrower or is an authorized representative of the owner/seller/borrower
who personally knows the facts relative to the matters attested herein. The undersigned, if an authorized
representative of the owner/seller/borrower, attests that he/she is empowered by the owner/seller/borrower
to bind the owner/seller/borrower to the representations and undertakings made herein. The undersigned
being first duly sworn on oath, deposes, states and warrants as follows:


1.     That Affiant is the owner of the real estate referred to in Transnation Title Insurance Company
       Commitment No. MUS438585 above-referenced.

2.     The Affiant is/are 18 years of age or older and is/are: 0 married 0 single 0 divorced 0 widowed.
       There has been no change in marital status since the Affiant first obtained title to the Land.

3.     The Affiant is in sole possession of said property, and there are no unrecorded deeds, mortgages,
       leases, easements, land contracts for sale, purchase agreements or options except:
       None


4.    The Affiant has not negotiated to convey or assign any water, mineral or oil rights relative to said
      property.

5.    The Affiant's has no knowledge of any covenants, conditions or restrictions of record affecting the
      Property, other than what is recorded, or unrecorded easements or claims of easements affecting said
      property.


6.    That the Affiant is not aware of any boundary line disputes with any abutting property owners as to
      the location of property lines, nor is the owner/seller/borrower aware of any encroachments of their
      improvements onto the lands of any adjoining property owners or onto any easements. Likewise, the
      owner/seller/borrower is not aware of any improvements of adjoining owners encroaching onto said
      land.

7.    That no work has been performed or materials delivered to said property for a period of (120) days
      prior to the date of this affidavit, and if any work has been performed or materials delivered during
      said 120 day period, proper sworn statements and waiver of liens showing payment or release of
      lien rights have been obtained and submitted to Transnation Title Insurance Company for its
      approval.


8.    That the Affiant is not aware of any improvements made, or to be made, to said land, including, but
      not limited to, sidewalk, curb or street repairs or replacements, weed cutting, debris removal etc.,
      that would result in an assessment or bill to the premises, except as addressed in the purchase
      agreement.

9.    There are no other mortgages, equity loans, revolving credit loans, bridge loans, remodeling loans,
      judgment liens or tax liens affecting said property, except as set forth in the above-referenced title
      commitment.


10.   There are no proceedings in bankruptcy or receivership by or against the owner/seller/borrower,
      which are now pending, nor have the owners made any assignment for the benefit of creditors.
                                                                                                    File No: MUS438585



In the event that any of the representations made herein prove to be incorrect, for any reason, and a claim Is
made by third party with respect to these matters, Affiant agrees to indemnify and hold harmless
Transnation Title Insurance Company from all claims and damages, including litigation costs and attorney
fees arising as the result of such claim.

AFFIANT:
City of Muskegon



~~~- ~1li to~
By   H~h           \1\<\tl\e\\

STATE OF MICHIGAN
COUNTY OF Muskegon

The foregoing was sworn to and subscribed in my presence on June 01, 2005.


L(VlJiun:at.fll
PnntName:
                           (JjiJL~
                                ~
Notary Public Muskegon County, Michigan
Acting in        County
My commission expires: _ _ _ _ _ __

                                                                       MELINDA K. PRAUSE
                                                                Notary Public, Muskegon County, Michigan
                                                                       1\cttng In Muskegon County
                                                                     My commission E~"lres 05/08/07




                                                  Page 2 of2
 Date: June 01 2005
 Commitment No.: MUS438585
 Property Address: 625 Ottawa St., Muskegon, Michigan 49442

 The undersigned hereby acknowledge receipt of a Request to Rescind Homeowner's Principle
 Residence Exemption Affidavit form (Michigan Department of Treasury Form No. 26092) as same is
 required by Public Act 237 of 1994. ·

ICY'The undersigned do not request that Transnation Title Insurance Company file the form on their
~half.

D    The undersigned have fully and properly completed the form and request that Transnation Title
  Insurance Company file the form with the appropriate local tax collecting' unit. The undersigned
, acknowledges and agrees that the Company will mail the form by first class mail, and that the
  Company shall not be liable in the event that any of the information provided on said form is
  inaccurate or incomplete, or in the event that said form is not rec!'!ived or properly processed by the
  local tax collecting unit.


Sellers:

    C_\~ ~)Pfr- '-\\1 ctU\_&Y




                                  Transnation Title Insurance Company
                               570 Seminole Rd Ste 102, ~luskegon, MI 49444
                                 Plwne: 231-737-9111 Fax: 231-737-7304
                                                     Jul 21 20 06   14:20    P. 02          J..ooS'- yS'   (a..)
                                                                                              ..r-;o -o.J


                                                                             WMS0983

 ~~ LandAmerica·
 _. Transnation
                        COMMITMENT FOR TITLE INSURANCE
                                 Schedule A

Ref: 635 Ottawa Street
1.     Effective Date: May 02, 2006 at 8:00am          Commitment No.: WMS0983


2.     Policy or Policies to be issued:

       ALTA Owner's Policy- 10/17/9 2
       Proposed Insured:       Muskegon County Boa rd of Public Works

       Amount:      $63,000.00


3.    The estate or interest in the land described or referred to In this Commitment
      and covered herein is Fee Simple and is, at the effective date hereof, vested In:

       MIJU Corporation

4.     The land referred to in this Commitment is located in the City of Muskegon,
       County of Muskegon, State of Michigan, and is described as follows:

       SEE ATTACHED EXHIBIT "A"




                                                                              Page 1 of 4
Sch.A- Commitment for Title Insurance
                                                        Jul 21 2006    14:20         P. 03




                                                                                      WMS0983


                                          Exhibit "A"



All that part of the following described parcel lying Southerly of re-aligned Ottawa Street;

Lots 4 and 5 of Block 170 of the Revised Plat of 1903, City of Muskegon, Muskegon County,
Michigan, and part of Lot 3, Block 170 of the Revised Plat of 1903, City of Muskegon,
Muskegon County, Michigan, described as follows: Commencing at the most Southerly corner
of Lot 3; thence Northeasterly along the Westerly line of Ottawa Street 44 feet; thence
Northwesterly to a point on the Easterly line of Western Avenue 38 feet Northerly of the
Northerly of the most Westerly corner of Lot 3; thence Southwesterly 38 feet to the most
Westerly corner of Lot 3; thence Southeasterly to beginning, except any part of the re-aligned
Ottawa Street and Shoreline Drive.




                                                                                      Poge 2 of 4
Sch.A- Commitment for Title Insurance
                                                     Jul 21 2006    14:20         P.04




                                                                                   WM$0983



                         COMMITMENT FOR TITLE INSURANCE
                                 SCHEDULE B -SECTION I
                                          REQUIREMENTS

The following are the requirements to be complied with:

  1.   Standard requirements set forth in jacket.

 2.    Instruments necessary to create the estate or interest to be insured must be properly
       executed, delivered and duly filed for record.

 3.    Submit evidence, satisfactory to the Company, that MIJU Corporation is a legal
       entity.

 4.    Submit a copy of the Resolution of the Board of Directors of MIJU Corporation
       authorizing the sale of the subject property to Muskegon County Board of Public
       Works and directing the proper officers to execute the proposed conveyance on
       behalf of the corporation.

 5.    Warranty Deed from MIJU Corporation to Muskegon County Board of Public Works.

 6.    Termination or subordination to the satisfaction of the Company of the interest of
       City of Muskegon who appears to have an interest in said property by reason of Quit
       Claim Deed recorded in Liber 3654, Page 154 which contains a right of reverter.

       NOTE: 2005 Summer taxes are exempt.

       NOTE: 2005 Winter taxes are exempt.

       2005 Taxable Value $0.00.

       2005 State Equalized Value $0.00.

       Permanent Property No. 61-24-205-170-0004-00.

       Homestead Status 0%.

       NOTE: Check with the City of Muskegon at 724-6720 for current and/or delinquent
       water usage prior to close for payoff amounts.

       NOTE: In the event that the Commitment Jacket is not attached hereto, all of the
       terms conditions and provisions contained in said Jacket are incorporated herein.
       The C~mmitment Jacket is available for inspection at any Company office.




                                                                                   Page 3 of 4
Sch.B I -Commitment for Title Insurance
                                                       Jul 21 2006    14:21         P. 05




                                                                                     WMS0983



                         COMMITMENT FOR TITLE INSURANCE
                             SCHEDULE B- SECTION II
                                  EXCEPTIONS
Schedule B of the policy or policies to be issued will contain exception to the
following unless the same are disposed of to the satisfaction of the Company.
    1.   Standard exceptions set forth in jacket.
    2.   Defects, liens, encumbrances, adverse claims or other matters, if any, created, first
         appearing in the public records or attaching subsequent to the effective date hereof
         but prior to the date the proposed insured acquires for value of record the estate or
         interest or mortgage thereon covered by this commitment.
   3.    Taxes and assessments that become a lien against the property after date of
         closing. The Company assumes no liability for tax increases occasioned by
         retroactive revaluation, changes in the land usage or loss of any homestead
         exemption status for the insured premises.

   4.    Easement to General Telephone Company recorded in Uber 778, Page 838.

   5.    Terms, conditions and provisions which are recited in Affidavit recorded in Liber
         3227, Page 529.



 BR/ewl




                                                                                     Page 4 of 4
Sch.B II- Commitment for Title Insurance
                                                                   Jul 21 2006         14:21                   P. 06




                                                                         111111~1111111111111111111111111111
                                                                                                                 5154543
                                                        1111111
                                                                                                                 L-3654 P-154
                                                                                                                 06/06J2G0s 11 :a7A
                                                                                                                 Page: 1 of 2




                                                QUIT-CLAIM DEED

·KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal CO!JlOration, of
 933 Terrace Stree~ Muskegon, Michigan 49440,

QUIT CLAIMS to MIJU CORPORATION of2597 Memorial Drive, Muskegon, Michigan 49445

the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:

                                               SEE ATTACHED EXHIBIT A

for the sum of: Fifty Two Thousand Three Hundred Thirty-Four and 66/100 dollars ($52,334.66)

PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any 1ien covers both parcels or there are not Jiens on either parcel, the property owner may request and the Grantor
shall agree to waive and tenninate the reverter clause.

This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).

Dated this~ day of-'--H'-""o."'j\----' 2005.

Signed in the presence of:

~
£.,'ntfq
                    tUtu
                /o'rr-.-r

 ~LKI4-.~~I(
       -lo l\r. 1\ 1-<.r-vk''>l!.> ~~;
STATE OF MICffiGAN
COUNTY OF MUSKEGON

         Signed and sworn to before me in Muskegon County, Michigan, on         ;1,1.:u: o?O , 2005 by STEPHEN
J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, mp'€Ctively, of the CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.

                                                        d~_,.#/l ,).,             &lu
                                                      -rz;rs.          &'tt-f' r- , Notaxy Public
                                                      Act~in the County of musK"'""'"
PREPARED BY: John C. Schrier                           ;'/ &.s /(">~'• n           co!futy, Michigan
Pannenter o~Toole
175 W. Apple Avenue/P.O. Box 786
Muskegon, Ml49443·0786
                                           j          My Comm. E~pires: __t._-_,.,ol"'S:'--_,0"'(,"----


Telephone: 23ln22-1621
WHEN RECORDED RETURN TO: Grantee                      SEND SUBSEQUENT TAX BILLS TO: Grantee
                                              Jul 21 2006   14:21   P. 07




                              EXHIBIT A
                          LEGAL DESCRIPTION

LOTS 4AND 5 OF BLOCK 170 OF THE REVISED PLAT OF 1903, CITY OF MUSKEGON,
MUSKEGON COUNTY, MICHIGAN, AND PART OF LOT 3, BLOCK 170 OF THE
REVISED PLAT OF 1903, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF
LOT 3, THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF OTTAWA
STREET 44 FEET, THENCE NORTHWESTERLY TO A POINT ON THE EASTERLY LINE
OF WESTERN AVENUE 38 FEET NORTHERLY OF THE NORTHERLY OF THE MOST
WESTERLY CORNER OF LOT 3, THENCE SOUTHWESTERLY 38 FEET TO THE MOST
WESTERLY CORNER OF LOT 3, THENCE SOUTHEASTERLY TO BEGINNING, EXCEPT
ANY PART OF THE REALIGNED OTTAWA STREET AND SHORELINE DRIVE.




                               5154543
                               L~3654 P-154
                               06196/2005 11:37A
                               Page; 2 of 2
Date:      May 1o, 2005

To:       Honorable Mayor and City Commissioners

From: Finance Director
RE:       Amendment to Non-Union Rx Benefit



SUMMARY OF REQUEST:                         Most active city employees elect healthcare coverage through
the Priority Health HMO program. However, a small number (7) still have coverage through the city's
"self-insured" plan. With rising healthcare costs, staff has periodically recommended changes in the Rx
co-pay for the HMO plan. Due to an oversight, the Rx co-pay for non-union members of the self-
insured plan was not adjusted at the start of the year when other benefit changes were made. At this
time, it is recommended that the Rx co-pay be increased from $2 generic/$5 brand-name to $20
generic/$40 brand-name. This change will directiy impact one non-union employee currentiy enrolled
in the self-insured plan and will indirectiy impact a second clerical-union employee wihose contract tie-
bars their co-pay to the non-union level. The $20/$40 co-pay is consistent with co-pays in place or
being negotiated with other employee groups. Making this change now gives affected employees the
chance to consider options during the city's open enrollment period.

FINANCIAL IMPACT:               Greater sharing of Rx costs between city and affected employees.

BUDGET ACTION REQUIRED:                        None.

STAFF RECOMMENDATION:                        Approval of the proposed amendment to the City's Non-
Union Salary Rx co-pay.

COMMITTEE RECOMMENDATION:                              None.




9/18/97                                                                                                1
         Commission Meeting Date:            May 10, 2005




Date:       May3, 2005
To:         Honorable Mayor & City Commission
From:       Community and Neighborhood Services
            Department
RE:         Extension 2004 - 2005 Bethany Housing
            Community Housing Development Organization
            (CHDO) Agreement


SUMMARY OF REQUEST: To direct the Mayor and City Clerk to sign
the 2004-2005-extension agreement for the CHDO Bethany Housing for
Fifty Five Thousand Dollars. The funding will be used to rehabilitate the
Bethany owned transitional house at 380-382 Houston.

After the Mayor and Clerk sign the extension contract the CNS office will
retain one copy for our files and a copy will be supplied to the Clerks
office and one to Bethany Housing.

If the project is not completed by December 31, 2005 the City of
Muskegon will recapture the funding.

FINANCIAL IMPACT: Funding will be allocated from the 2004-2005
HOME programs.

BUDGET ACTION REQUIRED: The Commission previously approved
the funding

STAFF RECOMMENDATION: To direct Mayor and Clerk to sign the
extension agreements.
                          CHDO AGREEMENT- 2003 - 2004
                                  Extension


This CHDO AGREEMENT, made this IO'h day of May, 2005, by and between the City of
Muskegon, Michigan, A Municipal Corporation, (hereinafter "Recipient") and Muskegon
Bethany Housing Ministries whose offices are located at 1105 Terrace Street, (hereinafter
"CHDO"),

WITNESSETH:

       WHEREAS, CHDO will rece1ve Community Development Block Grant
(CDBG/HOME) funds from the Recipient, in the amount of $55,000, to be used for the
following:
               Rehabilitation of Transitional Housing owned by BHM

      WHEREAS, the parties wish to set forth the conditions on which the funds are to be
made available;

       NOW THEREFORE, in consideration of the covenants herein contained, the parties do
mutually agree as follow:

      I.     GENERAL CONDITIONS

              1.    Services to be delivered are eligible activities as defined in Section 92.205
                    and 92.206 of HOME Administrative Regulations (CPR 92)

             2.     The CHDO certifies that the service is either:

                    a. a new serviCe or
                    b. a quantifiable increase in the level of a service above the level which
                       has been provided by or in behalf of the applicant from local revenue
                       sources or State funds received by the applicant in the twelve (12)
                       calendar months prior to submission of the proposal, or
                    c. a continuation of a service that would otherwise be decreased due
                       to events beyond the control of the CHDO.

             3.     The CHDO is incorporated as a non-profit organization in good standing
                    under Michigan Law.

             4.     The CHDO warrants that a current copy of its chmier (if applicable),
                    Articles oflncorporation and By-Laws are on file with the department of
                    Community and Neighborhood Services. The CHDO shall also keep a
                    current list of its board members, its officers and their addresses on file
                    with the Community and Neighborhood Services department.

                                                                                                I
               5.     By resolution, the CHDO's Board of Directors shall certify to the City a
                      responsible contact person, who shall be considered their representative in
                      all matters relating to this Agreement for communication and
                      administrative purposes.

Until further written notice from the CHDO, said contact person shall be:

                      John Jack, Executive Director



II.    PERSONNEL

       1.     The CHDO shall maintain direct control of all personnel employed by it and to
              provide the necessary training and supervision of its employees in carrying out
              contracted programs. However, implementation of the "project" must meet the
              requirement and approval of Community and Neighborhood Services.

       2.     In all work made possible by or resulting from this agreement, affirmative action
              will be taken to insure that low income persons, particularly minorities and
              women, are given maximum opportunity for training and employment; and that
              minority business concerns located in the area, to the greatest extent feasible, are
              awarded sub-contracts when permitted by this Agreement (Section 3, CDF 135).

       3.     Incorporated by reference are Title VI of the Civil Rights Act of 1964, Executive
              Order 11246 and OMB Circular A-102, Attachment 0 which relates to equal
              opportunity. Copies are available at the Community Development Office.

       4.     The CHDO (including its membership body, Board of Directors, committees, and
              paid and other volunteer staff) agrees that it will comply with City policies and
              procedures concerning equal opportunity, affirmative action, and non-
              discrimination in employment practices because of age, religion, race, color,
              national origin, sex, education association, marital status or physical limitation.


III.   SCOPE OF SERVICES

       The CHDO shall provide the services specified in Attachment "A", Scope of Services, in
       exchange for financial compensation detailed in Attachment "B".




                                                                                                2
IV.   COMPENSATION AND METHOD OF PAYMENT

      1.   The maximum amount which the CHDO may receive pursuant to this Agreement
           is$ 55,000.

      2.   The CHDO warrants that its Board of Directors has approved a budget request to
           provide services detailed in this Agreement (attachment "B"). The budget total of
           $ 55,000, shall remain unchanged during the year unless amended as permitted in
           this Agreement. The CHDO may not, without City Commission approval, make
           transfer between categories not exceeding 10% of the overall budget total, or
           $2,000.00, or whichever is greater.

      3.   Upon approval of CHDO's request for payment, the CHDO shall be reimbursed
           for expenses within a maximum of twenty (20 days.)

      4.   To receive payments, the CHDO must complete and submit the following:


           a.     Request for Payment
           b.     Detailed Invoice for Actual Expenditures
           c.     Quarterly Performance Reports

      5.   All program income, received by the CHDO, (if any) shall be disbursed by the
           CHDO prior to request for payments from the Recipient. Program income
           resulting from the project will be handled in accordance with the requirements of
           24 CPR 570.503 applicable to CDBG Recipients and 24 CPR 92.503 for HOME
           CHDO's. All program income derived from the HOME activities by CHDO must
           be reinvested to the recipient (City) to the HOME Investment Trust Fund.

      6.   If at the end of the tetm of this Agreement there are unexpended portions of the
           contract amount set forth in this Agreement, the City may recapture said amount
           for reallocation to other purposes.

      7.   If CHDO fails to comply with terms specified in this Agreement or refused to
           accept and meet conditions imposed by the Department of Housing and Urban
           Development (HUD), the Recipient may immediately terminate payments to the
           CHDO and recover any funds it has advanced. In the event of the inability of
           CHDO to perfom1 or complete the project, or termination of the Agreement by the
           City Commission, Recipient will pay only invoices for work performed or
           satisfactorily completed.

      8.   The Recipient shall not be held liable for expenditures or obligations incurred in
           excess of the authorized total budget, nor shall the City be held liable for
           expenditures or obligations for ineligible cost pursuant to Section 570.200 and

                                                                                           3
           570.201 of the Housing and Community Development Act. And 92.206, 92.207
           and 92.208 of National Affordable Housing Act of 1990.


IV.   FINANCING AUDITS AND INSPECTIONS

      1.   The CHDO shall document the costs incurred with CDBG/HOME funds with the
           support of properly executed payrolls, time records, invoices, contracts, vouchers,
           receipts, or other official documentation that shows in proper detail the nature and
           propriety of charges. All such documents must be clearly identifiable and readily
           assessable during the tem1 of the Agreement to City and HUD officials or their
           authorized representative for audit and examination as often as the City may deem
           necessary. Additionally, the CHDO agrees to securely maintain such documents
           for a period of three (3) years after termination of this Agreement.

      2.   The CHDO is to act within thirty (30) days after the signing of this Agreement to
           establish a procedure for its accounting operation that will not be inconsistent
           with Federal Management Circular A-1 02, Attachment G, and can be certified
           auditable by the Accountant for the Community Development Depmiment. The
           auditable procedure shall insure that monies provided by the Community
           Development Block Grant HOME program can be separately traced from other
           funds of the CHDO.

      3.   The Recipient shall provide the CHDO with a copy of any account requirements
           established by HUD, and the CHDO shall thenceforth be responsible for
           compliance with such requirements.

      4.   Progrmn Income earned by the Service Agency during the grant period shall be
           retained by the CHDO, and in accordance with OMB Circulars A-102, A-110 and
           A-122 shall be:

           a. Added to funds committed to the project by the City and the CHDO to be used
              to further eligible program objectives as defined in the scope of services of
              this Agreement (see Attachment A).
           b. Deduct from the total project costs for the purposes of detetmining the net
              costs on which the Federal (CDBG I HOME) share of the cost will be based.

      5.   No CDBG/ CHDO funds shall be disbursed under this Agreement by the CHDO
           or any others contracted by the CHDO unless those contracted are in compliance
           with City and HUD requirements with regard to fiscal matter and civil rights to
           the extent such requirements are applicable. The CHDO shall provide the
           Recipient with a copy of such contracts.

      6.   The CHDO shall provide proof of Bonding Insurance for all employees who
           handle funds.

                                                                                             4
V.     INSURANCE COVERAGE

      The CHDO shall indemnify, defend, and hold the Recipient, its officers, and the
      employees harmless with respect to any damage claim arising out of activities specified
      by this Agreement. This CHDO shall maintain for the entire period of this Agreement a
      valid policy of liability insnrance naming the City of Muskegon (Recipient) as an insured
      party with limits of not less than $300,000 per occurrence. The CHDO shall also
      maintain coverage during the Agreement period for Workers' Compensation as required
      by law. The CHDO shall submit proof of insurance and amount of coverage to the
      Community Development office prior to receiving any funds.



VI.   REPORTS, MONITORING AND EVALUATION

       l.    The CHDO agrees to cooperate fully with the Community and Neighborhood
             Services office, City and HUD officials, Citizen Committees, or any other
             individuals appointed by City Commission to evaluate and monitor the
             requirements and performance of programs financed with CDBG HOME funds.
             The CHDO agrees to provide to the same parties listed infmmation and reports,
             oral or written, as may reasonably be required or requested during the term of this
             Agreement on mattes relating to program activities, performance, or contract
             compliance.

      2.     The CHDO agrees to complete and submit to the Community and Neighborhood
             Services Office in a timely manner a Quarterly Performance Report.

The report fmms are to be provided by the City. The CHDO agrees to collect and make
available to the Community and Neighborhood Services Department the following information
on its clients or program participants:

             a. Street (only) address of the client: (inside or outside City);
             b. Month and year of initial services;
             c. Number of services units rendered to each client served under this agreement;
             d. Age and sex of the client or patticipant;
             e. Whether the client or participant is the head of household;
             f. Whether client or participant is a member of a minority group (which group);
             g. Family income by family size (which will be indicated by checking an income
                range category);
             h. Whether client or patticipant head of household is handicapped;

                                                                                              5
              The information is to be collected on a "Client Card" or tabulation sheets
              provided by the City. The form will state that the client/participant information
              being collected is required in order for the CHDO to receive HOME funds from
              the City of Muskegon. Client information will be submitted quarterly with the
              Performance Reports.

              Alternate systems of collecting data required in this section can be developed in
              consultation with the Community and Neighborhood Services Office. The
              Recipient retains the final right to approve any waiver of, or amendment to, this
              reporting requirement.


VII.   CONTRACT AMENDMENT

       That except as expressly provided elsewhere in this Agreement, any modifications or
       amendments to this Agreement may be made by mutual Agreement of the CHDO and the
       City Commission. It is expressly understood that this Agreement is subject to HUD
       HOME funding regulations. Should HUD act to make changes in regulations or suspend
       or te1minate funding, such actions shall automatically amend this Agreement, if
       applicable.


VIII. ASSIGNABILTIY

       The CHDO shall not assign or transfer any interest in this Agreement without consent of
       the City Commission.


IX.    POLITICAL ACTIVITIES

       None of the funds, materials, property or services provided directly or indirectly under
       this Agreement shall be used for any partisan political activities, or to further the election
       or defeat of any candidate for office.


X.     CONFLICT OF INTEREST

       No employee, officer or agent of the Recipient shall pmticipate in the award or
       administration of this Agreement if a conflict of interest real or apparent, would be
       involved.




                                                                                                   6
XI.    CITY'S RIGHT TO ENFORCE

       1.     The Community and Neighborhood Services Department may unilaterally
              suspend (on a temporary basis) or alter this Agreement, including the amount of
              funds allocated, for failure to comply with the terms and conditions of this
              Agreement or failure to comply with regulations for the U.S. Government, or
              directives of the Muskegon City Commission, some examples of which follow:

              a. Ineffective or improper use of the HOME funds:
              b. Failure to submit complete and cotTect performance or financial reports;
              c. Failure to provide services called for in the Scope of Services section within
                 the time frame stated: and
              d. If for any reason, the program cannot be completed.

       2.     The City Commission may unilaterally terminate this Contract for failure to
              comply with the terms and conditions of the Agreement, the regulations of the
              U.S. govermnent, or directives of the Muskegon City Commission.

       3.     The Community and Neighborhood Services Department office shall provide
              reasonable notice to the CHDO before action is taken to suspend, alter or
              terminate this Agreement. Such notice shall include the reasons for the
              contemplated action and the CHDO shall be given a right to protest.

       4.     In the event this Agreement is tetminated by the City Commission, the Ownership
              of all documents, equipment and properties acquired by HOME or Program
              Income funds shall revert to the Recipient with the decision for final disposition
              being left to the City Commission. However, the CHDO shall receive just
              compensation for any work satisfactorily completed prior to such termination.



XII.   PURSUIT OF ADDITIONAL RESOURCES

       The CHDO shall make bona fide efforts to secure funds and resources from other
       sources. Fmther, the CHDO shall cooperate with the Community and Neighborhood
       office, as requested, in its efforts to pursue additional or alternative funding. The CHDO
       shall report these efforts as part of the required Quatterly Performance Report.

XIII. TIME PERFORMANCE AGREEMENT TERM

       All services rendered hereunder shall be completed by May 31, 2006. This Agreement
       automatically terminates at that time unless specifically extended by the City


                                                                                               7
    Commission. All funds allocated which are unspent or encumbered for services under
    this Agreement shall be repaid to the City within fifteen (15) days of this date.

XIV. OTHER

    1.    That it will comply with all requirements applicable to HUD Block Grant
          Subrecipients set forth in the HOME Program Requirements contained in 24 Code
          of Federal Regulation Part 570. Such requirements pertain to, but are not limited
          to, compliance with OMB Circular A-1 02, reports and information, audits and
          inspection, unearned payment, non-discrimination, disposition of real property,
          and miscellaneous grant administration requirements.

    2.    That should the CHDO utilize any portion of HOME funds for acquisition of
          property or relocation of individuals, families, or businesses as a result of a
          project involving federal financial assistance from HUD, as defined in regulations
          at 24CFR Part 42.79, all acquisition and/or relocation shall conform to the
          Uniform Relocation Assistance and Real Property Acquisition Policies Act of
          1970 (P.L. 91.646), and the regulations which implement the Act (24 CFR Part
          42).

    3.    That except with respect to the rehabilitation of residential use for less than eight
          families, all contractors engaged under contracts in excess of $2000 for the
          construction prosecution, completion or repair of any building or work financed in
          whole or in part with assistance provided under this agreement, shall comply with
          HUD requirements pertaining to such Contracts and the applicable requirements
          of the regulations of the Department of Labor under 29 CFR Parts 2, 5, and Sa,
          governing the payment of wages and the ratio of apprentices and trainees to
          journeymen; provided, that if wage rates higher tan those required under such
          regulations are imposed by State or local law, nothing hereunder is intended to
          relieve the CHDO of its obligations, if any, to require payment of the higher rates.
          The CHDO shall require to be inserted in full in all such contracts subject to such
          regulations, provisions meeting the requirements of 29 CFR 5.5 and for such
          contracts in excess of$10,000, 29n CFR 5a.3.

    4.    The CHDO agrees to abide by all other Federal requirements not highlighted in
          this Agreement, but included in the regulations HOME Regulation available at the
          Community and Neighborhood Services Department, or other regulations
          subsequently supplied to the Subrecipeint.

    5.    That should the CHDO funding involve construction work, the CHDO
          contractors(s) agree to allow access to the City or its representative for inspection
          purposes.




                                                                                             8
       6.      Should the CHDO acquire any real or personal property with funds provided
               under this Agreement, it will not dispose of such property through sale or
               otherwise without w1itten permission of Recipient. If property is disposed of
               without written pennission, the proceeds shall be retumed to the Recipient, and
               CHDO may be required to reimburse the Recipient for the Federal portion of
               participation in the project, subject to requirements in the Office of Management
               and Budget Circular A-1 02, Attachment N, Property Management Stands.

XV.    CONTRACT CLOSEOUT

       All contracts will be closed out in accordance with the procedures specified in OMB
       Circular A-102, Attachment L, and Portions of OMB Circulars A-110 and A-122
       applicable to non-profit organizations.


In Witness Whereof, the parties hereto have caused this contract to be executed the day and year
above written.

Signed In the Presence Of:


Witness~
            L./nda




                                                    Bethany Housing Ministries

                                                   Agency Name


Witness                                            By: ____-:------,--,---------------
       ------------------                                lt's President


Witness-------------------                         By:_--=--=------------------
                                                       lt's Secretary




                                                                                              9
                                     ATTACHMENT "A"

                                    SCOPE OF SERVICES


CHDO's Name _ _ _ _ _ _ _ _ _ _ _ _ _ __


SCOPE OF SERVICES

The Scope of Services section below lists the services to be provided under the terms of the
CHDO Agreement. This description shall establish the basis for the Community and
Neighborhood Services Office assessment of actual program accomplishments.

I.     Location and Hours

       The Service Agency shall provide the contracted services at the following locations(s):




II.    Eligible Clients

       The CHDO shall take affirmative action to insure that the primary beneficiaries of
       services rendered under this Agreement are eligible HOME clients. Eligible clients are
       defined as those persons of household who:

      a. Reside in the City of Muskegon and
      b. Have household incomes less than or equal to 80 percent of the median of the City.




                                                                                                 10
                                      ATTACHMENT "A"

                                     SCOPE OF SERVICES


III. Description and Quantity of Services to be provided

Describe and number each service to be provided separately. Include the job title of the person
(s) who will primarily render the service, the time span, which the service will be offered, if less
than the total contract year, and how the service will be rendered.




Estimated quantity of serv1ce to be provided (number of persons to be served).




                                                                                                 11
                                     ATTACHEMENT "B"

                                         BUDGET

REVENUES

 HOME FUNDS

     *Other (Specify Below)

     Program Income

TOTAL REVENUES                                 $. _ __

                                                Total       Portion to be
                                               Budgeted   Funded by HOME

EXPENDITURES

Salaries & Fringes                             $                $

Consultant & Contract Services                 $                $

Office Supplies                                $                $

Telephone                                      $                $

Rent & Related Expenses                        $                $

Equipment                                      $                $

Office Furniture                              $                 $

Travel                                        $                 $

Specific Assistance to Individuals            $                 $

Miscellaneous (Specify)

                                 $
                                 $
                                 $

TOTAL EXPENDITURES                            $                 $
*LIST OTHER REVENURE SOURCES:

I.                               $
2.                               $
3.                               $
4.                               $
5.                               $

                                                                            12
          Commission Meeting Date:           May 10, 2005




Date:       May3,2005
To:         Honorable Mayor & City Commission
from:       Community and Neighborhood Services
            Department
RE:         Reallocation of 1997 C H D 0 funds to Habitat for
            Humanity for Jimmy Carter Built project.


SUMMARY OF REQUEST: To direct staff to reallocate unused 1997
HOME CHDO funding of Thirty Thousand Seven Hundred and Seven
Dollars ($30,707) to Habitat for Humanity to assist them with their
housing blitz project this summer formally known as the Jimmy Carter
Built project.

The original funding was allocated to another CHDO in 1997 and the
funding was never spent. Therefore it is the request of the CNS to have
the funding allocated to Habitat for Humanity.

FINANCIAL IMPACT: Funding will be allocated from the 1997 HOME
funds allocation.

BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To direct staff to have the documents
signed by the Mayor and the Clerk.

COMMITTEE RECOMMENDATION: The Previous allocation was
approved by the Commission and the Citizen District Council
                                  CHDO AGREEMENT -1997
                                    Re-allocation Reserve




This CHDO AGREEMENT, made this IO'h day of May, 2005, by and between the City of
Muskegon, Michigan, A Municipal Corporation, (hereinafter "Recipient") and Muskegon
County Habitat for Humanity, whose offices are located at 280 Ottawa St., Muskegon, MI
49442, (hereinafter "CHDO"),

WITNESSETH:

       WHEREAS, CHDO will rece1ve Community Development Block Grant
(CDBG/HOME) funds from the Recipient, in the amount of $30,707, to be used for the
following:

     Infrastructure costs associated with 5 newly constructed homes- Jimmy Carter Builds, 2005


      WHEREAS, the parties wish to set forth the conditions on which the funds are to be
made available;

       NOW THEREFORE, in consideration of the covenants herein contained, the parties do
mutually agree as follow:

I.       GENERAL CONDITIONS

                 I.     Services to be delivered are eligible activities as defined in Section 92.205
                        and 92.206 of HOME Administrative Regulations (CPR 92)

                2.      The CHDO certifies that the service is either:

                        a. a new service or
                        b. a quantifiable increase in the level of a service above the level which
                           has been provided by or in behalf of the applicant from local revenue
                           sources or State funds received by the applicant in the twelve (12)
                           calendar months prior to submission of the proposal, or
                        c. a continuation of a service that would otherwise be decreased due
                           to events beyond the control of the CHDO.

                3.      The CHDO is incorporated as a non-profit organization in good standing
                        under Michigan Law.

                4.      The CHDO wanants that a current copy of its charter (if applicable),
                        Articles of Incorporation and By-Laws are on file with the department of
                        Community and Neighborhood Services. The CHDO shall also keep a

                                                                                                    I
                      current list of its board members, its officers and their addresses on file
                      with the Community and Neighborhood Services department.

              5.     By resolution, the CHDO's Board of Directors shall certify to the City a
                     responsible contact person, who shall be considered their representative in
                     all matters relating to this Agreement for communication and
                     administrative purposes.

       Until further written notice from the CHDO, said contact person shall be:

                     Diana Miller, Executive Director


II.    PERSONNEL

       I.     The CHDO shall maintain direct control of all personnel employed by it and to
              provide the necessary training and supervision of its employees in carrying out
              contracted programs. However, implementation of the "project" must meet the
              requirement and approval of Community and Neighborhood Services.

       2.     In all work made possible by or resulting from this agreement, affirmative action
              will be taken to insure that low income persons, particularly minorities and
              women, are given maximum opportunity for training and employment; and that
              minority business concerns located in the area, to the greatest extent feasible, are
              awarded sub-contracts when permitted by this Agreement (Section 3, CDF 135).

       3.     Incorporated by reference are Title VI of the Civil Rights Act of 1964, Executive
              Order 11246 and OMB Circular A-102, Attachment 0 which relates to equal
              opportunity. Copies are available at the Community Development Office.

       4.     The CHDO (including its membership body, Board of Directors, committees, and
              paid and other volunteer staff) agrees that it will comply with City policies and
              procedures concerning equal opportunity, affirmative action, and non-
              discrimination in employment practices because of age, religion, race, color,
              national origin, sex, education association, marital status or physical limitation.


III.   SCOPE OF SERVICES

       The CHDO shall provide the services specified in Attachment "A", Scope of Services, in
       exchange for financial compensation detailed in Attachment "B".




                                                                                                2
IV.   COMPENSATION AND METHOD OF PAYMENT

      1.   The maximum amount which the CHDO may receive pursuant to this Agreement
           is $30,707.

      2.   The CHDO warrants that its Board of Directors has approved a budget request to
           provide services detailed in this Agreement (attachment "B"). The budget total of
           $ 30,707, shall remain unchanged during the year unless amended as permitted in
           this Agreement. The CHDO may not, without City Commission approval, make
           transfer between categories not exceeding 10% of the overall budget total, or
           $2,000.00, or whichever is greater.

      3.   Upon approval of CHDO's request for payment, the CHDO shall be reimbursed
           for expenses within a maximum of twenty (20 days.)

      4.   To receive payments, the CHDO must complete and submit the following:

           a.     Request for Payment
           b.     Detailed Invoice for Actual Expenditures
           c.     Quarterly Performance Reports

      5.   All program income, received by the CHDO, (if any) shall be disbursed by the
           CHDO prior to request for payments from the Recipient. Program income
           resulting from the project will be handled in accordance with the requirements of
           24 CFR 570.503 applicable to CDBG Recipients and 24 CFR 92.503 for HOME
           CHDO's. All program income derived from the HOME activities by CHDO must
           be reinvested to the recipient (City) to the HOME Investment Trust Fund.

      6.   If at the end of the term of this Agreement there are unexpended portions of the
           contract amount set forth in this Agreement, the City may recapture said amount
           for reallocation to other purposes.

      7.   If CHDO fails to comply with terms specified in this Agreement or refused to
           accept and meet conditions imposed by the Department of Housing and Urban
           Development (HUD), the Recipient may immediately te1minate payments to the
           CHDO and recover any funds it has advanced. In the event of the inability of
           CHDO to perform or complete the project, or termination of the Agreement by the
           City Commission, Recipient will pay only invoices for work performed or
           satisfactorily completed.

      8.   The Recipient shall not be held liable for expenditures or obligations incun·ed in
           excess of the authorized total budget, nor shall the City be held liable for
           expenditures or obligations for ineligible cost pursuant to Section 570.200 and
           570.201 of the Housing and Community Development Act. And 92.206, 92.207
           and 92.208 of National Affordable Housing Act of 1990.
                                                                                           3
V.   FINANCING AUDITS AND INSPECTIONS

     I.   The CHDO shall document the costs incurred with CDBG/HOME funds with the
          support of properly executed payrolls, time records, invoices, contracts, vouchers,
          receipts, or other official documentation that shows in proper detail the nature and
          propriety of charges. All such documents must be clearly identifiable and readily
          assessable during the term of the Agreement to City and HUD officials or their
          authorized representative for audit and examination as often as the City may deem
          necessary. Additionally, the CHDO agrees to securely maintain such documents
          for a period of three (3) years after termination of this Agreement.

     2.   The CHDO is to act within thirty (30) days after the signing of this Agreement to
          establish a procedure for its accounting operation that will not be inconsistent
          with Federal Management Circular A-102, Attachment G, and can be certified
          auditable by the Accountant for the Community Development Department. The
          auditable procedure shall insure that monies provided by the Community
          Development Block Grant HOME program can be separately traced fi·om other
          funds of the CHDO.

     3.   The Recipient shall provide the CHDO with a copy of any account requirements
          established by HUD, and the CHDO shall thenceforth be responsible for
          compliance with such requirements.

     4.   Program Income earned by the Service Agency during the grant period shall be
          retained by the CHDO, and in accordance with OMB Circulars A-102, A-110 and
          A-122 shall be:

          a. Added to funds committed to the project by the City and the CHDO to be used
             to further eligible program objectives as defined in the scope of services of
             this Agreement (see Attachment A).
          b. Deduct from the total project costs for the purposes of determining the net
             costs on which the Federal (CDBG I HOME) share of the cost will be based.

     5.   No CDBG/CHDO funds shall be disbursed under this agreement by the CHDO or
          any others contracted by the CHDO unless those contracted are in compliance
          with City and HUD requirements with regard to fiscal matter and civil rights to
          the extent such requirements are applicable. The CHDO shall provide the
          Recipient with a copy of such contracts.

     6.   The CHDO shall provide proof of Bonding Insurance for all employees who
          handle funds.




                                                                                            4
VI.    INSURANCE COVERAGE

       The CHDO shall indemnify, defend, and hold the Recipient, its officers, and the
       employees harmless with respect to any damage claim arising out of activities specified
       by this Agreement. This CHDO shall maintain for the entire period of this Agreement a
       valid policy of liability insurance naming the City of Muskegon (Recipient) as an insured
       party with limits of not less than $300,000 per occurrence. The CHDO shall also
       maintain coverage during the Agreement period for Workers' Compensation as required
       by law. The CHDO shall submit proof of insurance and amount of coverage to the
       Community Development office prior to receiving any funds.



VII.   REPORTS, MONITORING AND EVALUATION

       I.     The CHDO agrees to cooperate fully with the Community and Neighborhood
              Services office, City and HUD officials, Citizen Committees, or any other
              individuals appointed by City Commission to evaluate and monitor the
              requirements and performance of programs financed with CDBG HOME funds.
              The CHDO agrees to provide to the same parties listed information and reports,
              oral or written, as may reasonably be required or requested during the term ofthis
              Agreement on mattes relating to program activities, performance, or contract
              compliance.

       2.     The CHDO agrees to complete and submit to the Community and Neighborhood
              Services Office in a timely manner a Quarterly Performance Report.

       The report forms are to be provided by the City. The CHDO agrees to collect and make
       available to the Community and Neighborhood Services Department the following
       information on its clients or program participants:

              a. Street (only) address of the client: (inside or outside City);
              b. Month and year of initial services;
              c. Number of services units rendered to each client served under this agreement;
              d. Age and sex of the client or participant;
              e. Whether the client or participant is the head of household;
              f. Whether client or participant is a member of a minority group (which group);
              g. Family income by family size (which will be indicated by checking an income
                 range category);
              h. Whether client or participant head of household is handicapped;




                                                                                              5
              The information is to be collected on a "Client Card" or tabulation sheets
              provided by the City. The form will state that the client/participant information
              being collected is required in order for the CHDO to receive HOME funds from
              the City of Muskegon. Client information will be submitted quarterly with the
              Performance Reports.

             Alternate systems of collecting data required in this section can be developed in
             consultation with the Community and Neighborhood Services Office. The
             Recipient retains the final right to approve any waiver of, or amendment to, this
             reporting requirement.


VIII. CONTRACT AMENDMENT

      That except as expressly provided elsewhere in this Agreement, any modifications or
      amendments to this Agreement may be made by mutual Agreement of the CHDO and the
      City Commission. It is expressly understood that this Agreement is subject to HUD
      HOME funding regulations. Should HUD act to make changes in regulations or suspend
      or terminate funding, such actions shall automatically amend this Agreement, if
      applicable.


IX.   ASSIGNABILTIY

      The CHDO shall not assign or transfer any interest in this Agreement without consent of
      the City Commission.


X.    POLITICAL ACTIVITIES

      None of the funds, materials, property or services provided directly or indirectly under
      this Agreement shall be used for any partisan political activities, or to further the election
      or defeat of any candidate for office.


XI.   CONFLICT OF INTEREST

      No employee, officer or agent of the Recipient shall part1c1pate in the award or
      administration of this Agreement if a conflict of interest real or apparent, would be
      involved.




                                                                                                  6
XII.   CITY'S RIGHT TO ENFORCE

       1.     The Community and Neighborhood Services Department may unilaterally
              suspend (on a temporary basis) or alter this Agreement, including the amount of
              funds allocated, for failure to comply with the terms and conditions of this
              Agreement or failure to comply with regulations for the U.S. Government, or
              directives of the Muskegon City Commission, some examples of which follow:

              a. Ineffective or improper use of the HOME funds:
              b. Failure to submit complete and correct performance or financial reports;
              c. Failure to provide services called for in the Scope of Services section within
                 the time frame stated: and
              d. If for any reason, the program cannot be completed.

       2.     The City Commission may unilaterally terminate this Contract for failure to
              comply with the terms and conditions of the Agreement, the regulations of the
              U.S. government, or directives of the Muskegon City Commission.

       3.     The Community and Neighborhood Services Department office shall provide
              reasonable notice to the CHDO before action is taken to suspend, alter or
              terminate this Agreement. Such notice shall include the reasons for the
              contemplated action and the CHDO shall be given a right to protest.

       4.     In the event this Agreement is terminated by the City Commission, the Ownership
              of all documents, equipment and properties acquired by HOME or Program
              Income funds shall revert to the Recipient with the decision for final disposition
              being left to the City Commission. However, the CHDO shall receive just
              compensation for any work satisfactorily completed prior to such termination.



XIII. PURSUIT OF ADDITIONAL RESOURCES

       The CHDO shall make bona fide efforts to secure funds and resources from other
       sources. Further, the CHDO shall cooperate with the Community and Neighborhood
       office, as requested, in its efforts to pursue additional or alternative funding. The CHDO
       shall report these efforts as part of the required Quarterly Performance Report.

XIV. TIME PERFORMANCE AGREEMENT TERM

       All services rendered hereunder shall be completed by May 31, 2004. This Agreement
       automatically terminates at that time unless specifically extended by the City
       Commission. All funds allocated which are unspent or encumbered for services under
       this Agreement shall be repaid to the City within fifteen (15) days of this date.


                                                                                               7
XV.   OTHER

      1.   That it will comply with all requirements applicable to HUD Block Grant
           Subrecipients set forth in the HOME Program Requirements contained in 24 Code
           of Federal Regulation Part 570. Such requirements pertain to, but are not limited
           to, compliance with OMB Circular A-102, reports and information, audits and
           inspection, unearned payment, non-discrimination, disposition of real property,
           and miscellaneous grant administration requirements.

      2.   That should the CHDO utilize any portion of HOME funds for acquisition of
           property or relocation of individuals, families, or businesses as a result of a
           project involving federal financial assistance from HUD, as defined in regulations
           at 24CFR Part 42.79, all acquisition and/or relocation shall conforn1 to the
           Uniform Relocation Assistance and Real Property Acquisition Policies Act of
           1970 (P.L. 91.646), and the regulations which implement the Act (24 CFR Part
           42).

      3.   That except with respect to the rehabilitation of residential use for less than eight
           families, all conh·actors engaged under contracts in excess of $2000 for the
           construction prosecution, completion or repair of any building or work financed in
           whole or in part with assistance provided under this agreement, shall comply with
           HUD requirements pertaining to such Contracts and the applicable requirements
           of the regulations of the Department of Labor under 29 CFR Parts 2, 5, and Sa,
           governing the payment of wages and the ratio of apprentices and trainees to
           journeymen; provided, that if wage rates higher tan those required under such
           regulations are imposed by State or local law, nothing hereunder is intended to
           relieve the CHDO of its obligations, if any, to require payment of the higher rates.
           The CHDO shall require to be inserted in full in all such contracts subject to such
           regulations, provisions meeting the requirements of 29 CFR 5.5 and for such
           contracts in excess of$10,000, 29n CFR 5a.3.

      4.   The CHDO agrees to abide by all other Federal requirements not highlighted in
           this Agreement, but included in the regulations HOME Regulation available at the
           Community and Neighborhood Services Department, or other regulations
           subsequently supplied to the Subrecipeint.

      5.   That should the CHDO funding involve construction work, the CHDO
           contractors(s) agree to allow access to the City or its representative for inspection
           purposes.


      6.   Should the CHDO acquire any real or personal property with funds provided
           under this Agreement, it will not dispose of such property through sale or
           othe1wise without written permission of Recipient. If property is disposed of
           without written permission, the proceeds shall be retumed to the Recipient, and
           CHDO may be required to reimburse the Recipient for the Federal portion of


                                                                                              8
                    participation in the project, n1bject to requirements in the Office of Management
                    and Budget Circular A-102, Attachment N, Property Management Stands.

XVI.   CONTRACT CLOSEOUT

       All contracts will be closed out in accordance with the procedures specified in OMB
       Circular A-102, Attachment L, and Portions of OMB Circulars A-110 and A-122
       applicable to non-profit organizations.


In Witness Whereof, the parties hereto have caused this contract to be executed the day and year
above written.

Signed In the Presence Of:                              CITY OF MUSKEGON, MICHIGAN
                                                        AMunic p

Witness¥,
        t. /n   ~
                           !/tlza
                     /o f/'N"

Witness~ Cb......+(~st
      :r c li 11 n ).( r.., k'o ws. t:/
                                                 Muskegon County Habitat for Humanity

                                                 Agency Name



Witness_ _ _ _ _ _ _ _ __                        By:-:-:--::--:-:--------
                                                  It's President


Witness._ _ _ _ _ _ _ _ __                       By:.-=-=--=----------
                                                  It' s Secretary




                                                                                                   9
                                     ATTACHMENT "A"

                                    SCOPE OF SERVICES


CHDO'sName _____________________________


SCOPE OF SERVICES

The Scope of Services section below lists the services to be provided under the terms of the
CHDO Agreement. This description shall establish the basis for the Community and
Neighborhood Services Office assessment of actual program accomplishments.

I.     Location and Roms

       The Service Agency shall provide the contracted services at the following locations(s):




II.    Eligible Clients

      The CHDO shall take affirmative action to insure that the primary beneficiaries of
      services rendered under this Agreement are eligible HOME clients. Eligible clients are
      defined as those persons of household who:

      a. Reside in the City of Muskegon and
      b. Have household incomes less than or equal to 80 percent of the median of the City.




                                                                                                 10
          Commission Meeting Date:            May 10, 2005




Date:       May3,2005
To:         Honorable Mayor & City Commission
from:       Community and Neighborhood Services
            Department
RE:         lead Based Paint abatement at 1983 Hoyt


SUMMARY OF REQUEST: To approve the bid with Success Builders
2722 E. Broadway Muskegon, Michigan for the lead base paint
abatement of the city-owned home at 1983 Hoyt for $18,900. The other
bid received was from A-1 Professional Construction 15 North Park
Grand Rapids, Michigan for $20,400.

After the lead base paint abatement is complete the structure will be
totally rehabilitated and then sold to a qualified low to moderate-income
homebuyer.

FINANCIAL IMPACT: Cost of the abatement will be allocated from the
2003 HOME budget.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: To approve the bid and authorize staff to
contract the work with Success Builders of Muskegon.

COMMITTEE RECOMMENDATION: None
Commission Meeting Date: May 10, 2005




Date:       May3,2005
To:         Honorable Mayor & City Commission
From:       Community and Neighborhood Serrvices
            Department
RE:         Approval of contractor for completion of

             Rehabilitation of structure at 1983 Hoyt


SUMMARY OF REQUEST: To approve the contract with Lewis Johnson
Construction 1607 Bonita Court of Grand Haven for the completion of
the rehabilitation of 1983ilauoeD for Fifty Six Thousand Nine Hundred
($56.900). The structure was obtained by the City of Muskegon through
the "Good Neighbor Program" from the U.S. Department of Housing and
Urban Development for the total cost of one dollar. ($1.00) After the
final rehabilitation is completed the property will be sold to a qualified
family in accord with the City's neighborhood revitalization efforts,
continuing the City's aggressive neighborhood revitalization efforts.



The CNS office received four proposals for this project Top Notch
Design 4740 Jenson Fruitport, ($66,535) Wasco/Briggs 210 E.
Broadway Muskegon Heights,($73,613) R&R Smith 2251 W. Giles
Road, North Muskegon ($80,874)

FINANCIAL IMPACT: The funding for this project will be taken from the
City's HOME funds from fiscal year 2003 and program income.

BUDGET ACTION REQUIRED: None required
STAFF RECOMMENDATION: To           approve the    Community   and
Neighborhood Services request.

COMMITTEE RECOMMENDATION: The commission approved for the
CNS office to obtain this home through the "Good Neighbor Program"
Date:     May 10,2005
To:       Honorable Mayor and City Commissioners
From:     Gail A. Kundinger, City Clerk
RE:       Amend the City Code of Ordinances to Repeal
          Chapter 102, Vehicles for Hire


SUMMARY OF REQUEST: To repeal and reserve Chapter 102,
Vehicles for Hire, ofthe City of Muskegon Code of Ordinances.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: To adopt ordinance.


COMMITTEE RECOMMENDATION: This was discussed at the April
2th Legislative Policy Committee Meeting.
                                   CITY OF MUSKEGON

                            MUSKEGON COUNTY, MICHIGAN

                                 ORDINANCE NO. _ __

An ordinance to repeal and reserve Chapter 102 (Vehicles for Hire) ofthe City of
Muskegon Code of Ordinances.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

Chapter 102 (Vehicles for Hire) of the City of Muskegon Code of Ordinances is hereby repealed
and reserved.

This Ordinance adopted:

              Ayes: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

              Nayes: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


Adoption Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Effective Date:._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

First Reading: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Second Reading: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


                                                   CITY OF MUSKEGON

                                                   By:_ _ _ _ _ _ _ _ _ _ _ __
                                                        Gail A. Kundinger, MMC
                                                        City Clerk

                                       CERTIFICATE

The undersigned, being duly qualified Clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certifY that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the I 0111 day of May, 2005, at which meeting a quorum was present and remained
throughout, and that the original of said ordinance is on file in the records of the City of
Muskegon Clerk's Office. I further certifY that the meeting was conducted and public notice was
given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan ofl976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.

DATED: _ _ _ _.,2005
                                    Gail A. Kundinger, MMC
                                    Clerk, City of Muskegon
Chapter 102 VEHICLES FOR HIRE*

 *Cross reference(s)··Failure to pay for taxicabs or horse-drawn taxicab service, § 54-
36; streets, sidewalks and other public property, ch. 74; traffic and vehicles, ch. 92.


ARTICLE I. IN GENERAL

Sec. 102-1. Penalty for violation of chapter.
        Any person who violates or fails to comply with any provisions of this chapter
shall be responsible for a civil infraction.
(Code 1975, § 23-1)

Sees. 102-2--1 02-30. Reserved.

ARTICLE II. TAXICABS

DIVISION 1. GENERALLY

Sec. 102-31. Definitions.
        The following words, terms and phrases when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
        Driver means any person who drives a taxicab.
        Driver's permit means a permit issued by the city clerk permitting the holder
thereof to drive a taxicab.
         For hire means for remuneration or reward of any kind, paid or promised, either
directly or indirectly.
        License means a license issued by the city commission authorizing the operation
of taxicabs.
       Owner means any person to whom a taxicab license has been issued.
        Rate card means the card issued by the city to a licensee for display within each
taxicab, stating the schedule for fares charged.
        Taxicab means any motor vehicle designed to carry six passengers, or less,
excluding the driver, operating on the public streets, alleys and quasi-public places of the
city, and accepting passengers for transportation for hire on call or demand, between
such points as may be directed by the passenger or as may be determined by the
operator. The term "taxicab" shall include nonmotor vehicles operated under such
conditions, including those propelled by horses or other animals.
(Code 1975, § 23-16)
 Cross reference(s)--Delinitions generally, § 1-2.

Sec. 102-32. Numbering.
        Each taxicab shall be numbered and the number shall be of such size as to be
readily seen, and shall be inscribed on both the inside and outside of the cab.
(Code 1975, § 23-17)

Sec.102-33. Inspection and maintenance by owner.
       The owner of each taxicab shall examine and inspect such taxicab as to its
mechanical condition, the brakes, power and lights, in such manner and with such
frequency as to ensure safety and dependability to patrons and the public, and each
taxicab shall be maintained at all times in a dependable, workable and safe condition.
Records of such inspections, the defects found and repairs made shall be kept on file by
the owner for each taxicab and such records shall, during ordinary business hours, be
open for inspection by any member of the police department.
(Code 1975, § 23-18)

Sec. 102-34. Periodic inspection by police.
        Any police officer designated by the chief of police may, at any time, inspect any
taxicab licensed under this article, and its equipment, and report the result of such
inspection to the chief of police. If such a taxicab is found to be lacking in any of the
requirements set out in sections 102-33 and 102-58, the chief of police may recommend
to the city commission, through the city manager, that the license tor such taxicab be
suspended or revoked.
(Code 1975, § 23-19)

Sec. 102-35. General operating standards.
        Each taxicab shall be operated in accordance with the laws of the state and the
ordinances of the city, with due regard for the safety, comfort and convenience of
passengers and for the safety of the general public. No taxicab shall be operated at a
rate of speed greater than that established by state law or by the ordinances of the city.
(Code 1975, § 23-24)

Sec. 102-36. Regulations pertaining to passengers.
        No driver or licensee of a taxicab shall refuse or neglect to convey any orderly
person upon request by signal or telephone call, unless the taxicab is previously
engaged. When a taxicab has been engaged by a passenger, no additional passenger
shall be conveyed except with the express consent of the first passenger. No driver shall
convey any person except farepaying passengers. No passenger shall occupy the front
seat when space remains available in the rear of the taxicab.
(Code 1975, § 23-25)
Sec. 102-37. Articles left in vehicle by passengers.
         Every driver of a taxicab shall search the interior of his taxicab at the termination
of each trip for any article of value which may be left in his taxicab by a passenger. Any
article found therein shall be immediately returned to the passenger owning it, if he is
known; otherwise it shall be deposited with the licensee of the taxicab not later than at
the conclusion of the driver's tour of duty that day. A report of the finding and deposit of
such article shall be made by the licensee within 24 hours thereafter to the police
department.
(Code 1975, § 23-26)

Sees. 102-38--102-55. Reserved.

DIVISION 2. VEHICLE LICENSE*

 *Cross reference(s)--Licenses, ch. 50.


Sec. 102-56. Required.
       No person shall operate, or cause to be operated, any taxicab in the city without
having first obtained a license to operate such taxicab.
(Code 1975, § 23-38)

Sec. 102-57. Application generally.
         Any person desiring a license to operate a taxicab on the streets of the city shall
file with the city clerk a sworn application, on forms to be furnished by the city, which
application shall contain the following:
       (1)     The name, age, residence and present occupation of the person applying
               for such license. If the applicant is a partnership, the names, addresses
               and occupations of all partners shall be stated; and if the applicant is a
               corporation, the names, addresses and occupations of all the officers and
               directors thereof shall be stated.
       (2)     The make, body style, year, serial and engine numbers, state license
               plate number, seating capacity and weight of the taxicab for which such
               license is sought.
       (3)     Whether there are any unpaid judgments of record against the applicant,
               and if so, the title of all actions, the amount of all judgments unpaid and
               the court in which the judgments were rendered.
       (4)     The experience of the applicant, both in the city and elsewhere, in the
               operation of taxicabs or other common carriers.
       (5)     Whether or not the applicant for such license, or if a partnership or
               corporation, any of the partners, officers or directors thereof, has ever
               been charged with, convicted of or pleaded guilty to any felony or
               misdemeanor, and if so, the date, nature of the offense and the court in
                which such charge was made, conviction was obtained or a plea of guilty
                was entered.
        (6)     The place within the city, or elsewhere, where the person applying for
                such license proposes to establish his office and from which he proposes
                to operate such taxicabs.
        (7)     The number of taxicabs operated or intended to be operated by the
                applicant pursuant to the provisions of this article.
        (8)     Whether the applicant is the owner of the taxicab proposed to be
                operated under the license, and if not, the name of the owner thereof.
        (9)     Whether there are any liens, mortgages or other encumbrances, including
                conditional sales contracts, on such taxicabs and if so, the amount and
                character thereof and the name of the holder thereof.
        (1 0)   Such other information as the city commission may, in its discretion,
                require.
        ( 11)   The applicant's annual financial and profit and loss statements covering";··
                his operations during the last preceding fiscal year shall be attached to
                and made a part of such application.
(Code 1975, § 23-39)

Sec. 102-58. Investigation of applicant and inspection of vehicle;
recommendations of chief of police.
       The city clerk shall transmit each application for a license under this division to
the chief of police, who shall cause an investigation to be made of the character, fitness
and qualifications of the applicant and the fitness of the proposed taxicab for use as
such. No taxicab shall be licensed until it has been inspected by a police officer
designated by the chief of police for that purpose and found to be in safe condition for
the transportation of passengers, clean, of good appearance and well painted or
lacquered and until the taximeter attached to such vehicle has been tested and found to
be accurate. The chief of police may recommend to the city commission that it refuse a
license for any vehicle which does not conform with these requirements. The chief of
police shall thereupon transmit such application, together with his recommendation
thereon, to the city commission through the city manager.
(Code 1975, § 23-40)

Sec. 102-59. Commission action on application.
        If the city commission determines that the applicant for a license under this
division is a suitable person, and that the taxicab proposed to be licensed is a suitable
vehicle for such purpose, it may authorize the issuance of the license. The city
commission may refuse to grant such authorization when, in its judgment, the owners
already licensed are adequately serving the needs of the public, or when, in its
judgment, there are existing transportation facilities reasonably sufficient to serve the
public demand, or when, in its judgment, the use of the streets of the city by additional
taxicabs would interfere with the public use of such streets or congest traffic, or when, in
its judgment, no sufficient showing is made of public convenience and necessity.
(Code 1975, § 23-41)

Sec. 102-60. Applicant's insurance.
(a)    No license shall be issued under this division until the applicant obtains and files
       with the city clerk a policy of liability insurance, issued by an insurance company
       authorized to do business in the state, for each taxicab to be licensed.
(b)    Such policy of insurance shall insure the applicant against liability for personal
       injury to any passenger or to any member of the general public, or any damage
       to property, resulting from an accident in which such taxicab may be involved
       through the recklessness or negligence of its driver, operator or owner.
(c)    Such policy shall provide minimum insurance protection for each taxicab in the
       amount of $100,000.00 for injury to, or death of, one person, and $300,000.00 for
       injury to, or death of, more than one person resulting from a single accident, and
       $100,000.00 for damage to property, including personal belongings or baggage
       of passengers, as a result of one accident.
(d)    Such policy of insurance shall provide for continuing liability thereunder to the full
       amount thereof, notwithstanding any recovery thereon, and that the insolvency or
       bankruptcy of the insured shall not release the insurance company.
(e)    Such policy shall further provide that it shall not be cancelled, surrendered or
       revoked by either party except after ten days' written notice to the city furnished
       by the insurance company issuing such policy. The cancellation, surrender or
       other termination of any insurance policy issued and filed in compliance with this
       section shall automatically terminate the license of any licensee covered by such
       insurance policy, unless another policy complying with this section shall be in
       effect and deposited with the city at the time of such cancellation or termination.
(f)    No license shall be issued, until the policy of insurance has been found, by the
       city attorney, to comply with the terms of this section and has been approved by
       the city commission.
(Code 1975, § 23-42; Ord. No. 2103, 5-27-03)

Sec. 102-61. Issuance.
        If the city commission authorizes the issuance of a license under this division, the
city clerk shall issue the license, upon the filing of the policy of insurance required by
section 102-60 and the payment of the fee in an amount established by resolution.
(Code 1975, § 23-43)

Sec. 102-62. Procedure for operation of more taxicabs than specified in license.
        If the holder of a license issued under this division desires to operate taxicabs in
addition to the number specified in the license, he shall make application on forms
obtained from the city, which forms shall contain the information required under
subsections 102-57(2), (8), (9) and (1 0), file the insurance policy required by section
102-60 and pay the fee in the amount established by resolution of the city commission.
(Code 1975, § 23-44)
Sec.102-63. Transfer from person to person prohibited; change of ownership of
licensed taxicab.
(a)    Licenses issued under this division shall not be transferable from person to
       person. A transfer or attempted transfer thereof to any other person shall
       automatically revoke the license.
(b)    Loss or surrender of the absolute right to possession of any taxicab shall
       automatically revoke any license previously granted for the operation of such
       taxicab, and the purchaser thereof shall not operate such taxicab until he has
       applied for and been granted a license under the terms of this division and he
       has complied with all the terms of this article.
(Code 1975, § 23-45)

Sec. 102-64. Transfer to another taxicab.
        The owner of any licensed taxicab may have the license transferred to another
vehicle by filing with the city clerk a request therefor, stating the make, year, body style,
engine number, serial number, state license plate number, seating capacity and weight
of the vehicle to which he proposes to have such license transferred. No transfer of a
license shall be made until the chief of police has notified the city clerk that the new
vehicle is a proper vehicle for taxicab purposes, and no transfer of a license shall be
made unless the original taxicab upon which such license was issued shall be retired
from taxicab service.
(Code 1975, § 23-46)

Sec. 102-65. Expiration.
       All licenses issued under this division shall expire on May 1 following the
issuance thereof.
(Code 1975, § 23-47)
 Charter reference(s)--Mandatory expiration of licenses, ch. XVII,§ 1.

Sec. 102-66. Suspension or revocation.
      Licenses issued under this division may be suspended or revoked by the city
commission at any time if the:
       (1)     Commission finds that the information contained in the application for
               such taxicab license was false or misleading;
       (2)     Commission finds that the owner or any driver in his employ repeatedly
               has failed to operate the taxicab so licensed in accordance with the
               provisions of this article;
       (3)     Owner shall cease to operate any taxicab for a period of 30 consecutive
               days without obtaining permission for cessation of such operation from
               the city manager;
       (4)     Commission finds that the licensed taxicab is or has been operated at a
               rate of fare higher than that established and stated on the rate card
               issued under this article;
       (5)     Commission finds that        the licensee or any driver in his employ has
               repeatedly violated any      of the provisions of the traffic ordinances of the
               city, laws of the state,     or regulations of any commission or bureau of
               competent jurisdiction,      while operating a taxicab licensed under this
               article.
(Code 1975, § 23-48)

Sees. 102-67--102-85. Reserved.

DIVISION 3. DRIVERS

Subdivision I. In General

Sec. 102-86. Driver cleanliness.
        Drivers of taxicabs shall be clean in dress and in person, at all times while
operating a taxicab.
(Code 1975, § 23-27)

Sec. 102-87. Driver's conduct generally.
        No taxicab driver, while waiting for or trying to obtain employment, shall sound
any horn or similar device, or call loudly for passengers or patrons, or in any wise
deceive any customer or person seeking information; nor shall he convey any person or
the baggage of any person, except on request of that person; nor shall he commit any
disorderly, boisterous, improper or uncivil act; nor shall he use any indecent, immoral or
insulting language to or in the presence of any person.
(Code 1975, § 23-28)

Sec. 102-88. Use of alcohol or drugs by drivers.
        No taxicab driver shall drink beer, wine, spirits or other alcoholic beverages or
liquors while on duty, nor shall he operate any taxicab while under the influence of
narcotics or alcoholic liquors.
(Code 1975, § 23-29)

Sec. 102-89. Use of vehicle for immoral or illegal purposes.
      No owner or driver of a taxicab shall use, or permit the use of, any taxicab for
immoral or illegal purposes.
(Code 1975, § 23-30)

Sees. 102-90--102-105. Reserved.
Subdivision II. Permit

Sec. 102-106. Required.
       No person shall drive a taxicab on the streets of the city without first having
obtained a driver's permit from the city clerk.
(Code 1975, § 23-55)

Sec. 102-107. Application.
        Any person desiring to drive a taxicab shall file with the city clerk, on forms to be
furnished by the city, a sworn application for a permit, stating the following:
       (1)     The name, age, date of birth, residence and present occupation of the
               applicant, and his places of residence for five years immediately
               preceding the date of application.
       (2)     The applicant's social security number and the number appearing on his
               chauffeur's license.
       (3)     The experience the applicant has had in operating automobiles, taxicabs
               or other vehicles used in carrying passengers for hire.
       (4)     Whether or not such applicant has ever been convicted of any felony or
               misdemeanor; and, if so, the date, nature of the offense, the court
               location, municipality and state or county in which such conviction
               occurred.
       (5)     A statement by the applicant informing the city whether he has ever been
               convicted of a drinking and driving related offense.
       (6)     Whether any chauffeur's or operator's license issued to the applicant has
               ever been suspended or revoked, and if so, for what cause.
       (7)     A photograph measuring at least two inches by three inches, showing a
               full face and shoulder likeness of the applicant, together with written
               evidence proving that the photograph was taken during the period of
               three years or less prior to the date of application. Such photograph must
               be suitable for mounting on the license to be issued to the taxicab driver
               and displayed in the taxicab at all times.
       (8)     Such other information as the city commission may, in its discretion,
               require by resolution.
(Code 1975, § 23-56)

Sec. 102-108. Investigation of applicant and action by the chief of police.
        The city clerk shall forward a filed application to the chief of police, who shall
cause an investigation to be made of the character and fitness of the applicant using the
application and such information as is available to the chief of police, relevant to the
standards for issuance of permits under this subdivision. After review of the application
and the information resulting from the investigation, the chief of police shall determine in
accordance with the standards of this subdivision whether or not a driver's permit shall
be approved. If approved, the permit shall be issued upon the payment of the fee
thereof.
(Code 1975, § 23-57)

Sec. 102-109. Disapproval by chief of police, review hearing; appeal.
         If the chief of police disapproves the issuance of a permit, he shall issue in
written form his disapproval together with a statement of the reasons therefor, informing
the applicant of the basis of such disapproval. The applicant may within ten days of the
mailing or personal delivery of the notice of disapproval, request in writing a review
hearing to be held. Such hearing shall be held before a hearing officer, appointed by the
city manager, who shall consider all information and evidence reasonably made
available by the chief of police and by the applicant, and reviewing such information and
evidence based upon the standards set forth in this subdivision shall make a
determination whether to issue or deny the permit. The chief' s written reasons for denial
shall be considered as well as any other evidence brought before the hearing officer by
either side. The applicant shall be given notice by mail to the address on the application,
of the time and place of the hearing, such notice to be mailed at least ten days before
the hearing. The applicant may have counsel appear with him.
(Code 1975, § 23-58)

Sec. 102-110. Denial by hearing officer; court action.
        If after holding the hearing, the hearing officer determines to deny the issuance of
a permit, an aggrieved applicant shall have the right to file a complaint in circuit court to
review the denial of the permit.
(Code 1975, § 23-59)

Sec.102-111. Fee.
        The fee for each original taxicab driver' s permit shall be as established by
resolution.
(Code 1975, § 23-60)

Sec.102-112. Issuance; size; contents.
         Upon approval of a taxicab driver' s permit, the application shall be returned to the
city clerk with the approval marked thereon by the appropriate officer, and the city clerk
shall issue a driver' s permit to the applicant. Such permit shall be on a card not more
than four inches by six inches in size and shall have thereon a frontview photograph of
the applicant, approximately 2114 X 21/4 inches in size, to be furnished by the applicant,
his signature, and name printed thereon, with the number and date of issuance of his
permit together with the city seal and signature of the city clerk.
(Code 1975, § 23-61)

Sec.102-113. Expiration.
       All taxicab driver' s permits issued under this subdivision shall expire on May 1
following the issuance thereof.
(Code 1975, § 23-63)

Sec. 102-114. Renewal.
         Taxicab driver' s permits may be renewed from year to year. A driver must apply
for a renewal of his permit using a form furnished by the city and filing such form with the
city clerk. The city clerk shall transmit the form to the chief of police who shall make an
investigation and review the permit applying the standards of this subdivision. If the chief
of police thereby determines that renewal is appropriate, he shall endorse his approval
upon the renewal form and return it to the city clerk, who shall issue the renewal upon
payment of a fee in the amount established by resolution. In the event the chief
determines to refuse renewal, a written refusal stating the reasons therefor shall be
mailed or delivered to the driver and he shall have the same rights of review, using the
same procedure and time limit as set forth in this subdivision concerning issuance of
driver' s permits.
(Code 1975, § 23-64)

Sec.102-115. Display.
        A permit issued under this subdivision shall at all times be plainly displayed in
view of any passenger in the taxicab when the driver is driving such cab.
(Code 1975, § 23-62)

Sec. 102-116. Revocation.
       A taxicab driver' s permit may be revoked for any of the following causes:
       (1)    If it is determined at any time that the application or information supplied
              with a renewal form contains false, fraudulent or misleading information,
              or it is reasonably demonstrated that information was intentionally omitted
              from the application or renewal form;
       (2)    If the holder of the permit shall be convicted of a felony, a high court
              misdemeanor, or a misdemeanor involving moral turpitude or assaultive
              conduct, or shall be convicted of any moving violation under the traffic
              ordinance of the city or any section of the Michigan Vehicle Code (MCL
              251.1 et seq.);
       (3)    If the permit holder shall be involved in any accident causing injury to or
              death of any person, or injury to or destruction of any property, provided
              that this provision may be waived in the event the holder was in a vehicle
              legally parked at the time of the accident;
       (4)    If the holder engages in any conduct or performs any act which would
              reasonably demonstrate that he does not meet the standards for issuance
              of a permit set forth in this subdivision;
       (5)    If the holder engages in conduct or performs any act which endangers the
              public health, safety and welfare of the inhabitants of the city, or engages
              in immoral and disreputable conduct which would tend to endanger,
               embarrass or humiliate any person riding in a taxicab;
       (6)     If the holder engages in any public fight or breach of the peace, or is
               found in an intoxicated condition or under the influence of any narcotic
               while operating or attempting to operate a taxicab;
       (7)     If the driver attempts to transfer the driver permit. It shall be unlawful for
               any person holding a permit to transfer or attempt to transfer such permit
               or any card issued under this subdivision to any person; and it shall be
               unlawful for any person holding such a permit to knowingly permit any
               other person to have such permit in his possession. It shall be unlawful
               for any person to exhibit, wear or have in his possession while operating
               a taxicab a permit or card issued to any other person.
(Code 1975, § 23-65)

Sec.102-117. Standards.
       The following standards shall apply in determining whether to issue, renew or
revoke a taxicab driver' s permit. The standards shall be in addition to all other standards
defined or implied in this subdivision:
       (1)     No taxicab driver' s permit shall be issued to any person who has not
               attained the age of 18 years;
       (2)     No permit shall be issued to a person who does not hold a valid
               chauffeur' s license from the stat(l
       (3)     No person shall hold a permit who has been convicted of a felony, unless
               such person has demonstrated, for a period of five years alter the release
               from parole or commitment from the applicable corrections department,
               no convictions of any felony or misdemeanor;
       (4)     No person shall hold a permit who has been convicted of a drinking or
               narcotics and driving related traffic offense within a period of five years
               before the issuance of the permit;
       (5)     In the event of revocation of a permit or refusal to renew such permit
               based on standards set forth in this subdivision, such person shall not be
               issued a permit for a period of five years from the date of such revocation
               or nonrenewal;
       (6)     No permit shall be issued to any person who has habitually, or at any time
               during the five years prior to application, engaged in conduct which would
               be cause for revocation of a permit under this subdivision;
       (7)    The requirement of a valid chauffeur' s license shall not apply to a horse-
              drawn taxicab driver' s permit.
(Code 1975, § 23-66)

Sees. 102-118--102-135. Reserved.

DIVISION 4. RATES AND CHARGES
Sec. 102-136. Determination of rates of fare.
        All fares and charges for the use of taxicabs shall be determined by resolution of
the city commission following a hearing held by the commission at a regular meeting. All
taxicab licensees shall be notified of any such hearing by mail.
(Code 1975, § 23-20)

Sec. 102-137. Taximeters.
        Every taxicab operated under the provisions of this article shall have affixed
thereto a taximeter of a size and design approved by the city commission. No licensee or
driver shall operate any such taxicab for hire unless the taximeter affixed thereto shall be
in workable condition, placed in operation while engaged for hire, and be no more than
five percent incorrect to the prejudice of any passenger.
(Code 1975, § 23-21)

Sec. 102-138. Rate card.
       The city clerk shall, at the time of issuing each taxicab license, deliver to the
licensee a rate card stating the rates of fare prescribed under section 102-136. Such rate
card shall at all times be plainly displayed in view of any passenger seated within the
taxicab so licensed.
(Code 1975, § 23-22)

Sec. 102-139. Charging excess fare.
       The charges determined pursuant to section 102-136 shall be the maximum
charges for taxicab service and no taxicab owner or driver shall charge, demand or
receive any charges in excess of such maximum charges.
(Code 1975, § 23-23)

Sees. 102-140--1 02-160. Reserved.

ARTICLE Ill. HORSE-DRAWN VEHICLES FOR HIRE*

 *Cross reference(s)--Licenses, ch. 50.


DIVISION 1. GENERALLY

Sec.102-161. Definitions.
        The following words, terms and phrases when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
       Holder means the licensee or holder of a license under this article, and any agent
or employee thereof.
       Horse-drawn vehicle means a vehicle drawn by horses which carries any
persons for hire in the city.
        Operator means the driver in control of and the actual operation of a horse-drawn
vehicle, including any assistant to the driver. The words "driver" and "assistant" shall
mean "operator," and shall be used interchangeably in this article.
       Owner means a person having the ownership or control (except for driving) of
any horse-drawn vehicle, equipment, or horse utilized with the horse-drawn vehicle.
       Person means an individual, partnership, corporation, limited liability company or
any other entity functioning as the owner or operator of a horse-drawn vehicle.
(Code 1975, § 23-68)
 Cross reference(s)--Definitions generally, § 1-2.

Sec. 102-162. Maintenance of equipment.
(a)    Equipment required. Each horse-drawn vehicle shall include all lighting required
       by the Uniform Traffic Code for Michigan Cities, Townships and Villages, as
       adopted and amended by the city or the Michigan Vehicle Code (MCL 257.1 et
       seq.) and in addition shall include turn signals visible from the front and rear of
       the vehicle, brake lights, hydraulic brakes, a device to prevent movement of the
       vehicles without the presence or control of the driver, brake lock, running lights, a
       slow moving vehicle sign, and a device determined by the city to be adequate to
       catch all droppings.
(b)    Equipment-safety inspections. Before the initial licensing all equipment, including
       the horse-drawn vehicle and equipment involved with the horses and the vehicle
       shall be inspected by the city. No license shall be issued unless the inspection
       determines that the horse-drawn vehicle has all the equipment required by this
       article, is in good repair, and is of such a design as to provide the maximum
       safety to passengers and the public. The city shall further determine if the
       equipment meets the standards of horse-drawn vehicles which are acceptable in
       the industry, and shall further determine whether the equipment results in the
       effective and humane treatment of the horses to be utilized. Any horse-drawn
       vehicle or equipment which does not comply with the standards of this section
       shall be immediately withdrawn from service and not again used for carrying
       passengers for hire until it has been repaired and inspected and approved by the
       city.
(Code 1975, § 23-71)

Sec. 102-163. Insurance.
        No horse-drawn vehicle may be operated in the city unless it has issued,
applicable to it, a liability insurance policy, issued by an insurance company approved by
the city, naming the city as an additional insured. In the event of cancellation of such
policy or reduction in coverage, the owner' s license shall be automatically canceled. The
insurance shall carry liability limits of at least $100,000.00 for bodily injury or death of
one person, and $300,000.00 for bodily injury or death of more than one person resulting
from a single accident, and $100,000.00 for destruction of property of others in any one
accident. Such policy of insurance may be in the form of a separate policy for each
horse-drawn vehicle or in the form of a fleet policy covering all horse-drawn vehicles
owned or controlled by the same owner, provided that such limits shall apply separately
to each horse-drawn vehicle. No policy may be canceled or coverage or liability limits
reduced or altered until the expiration of 30 days after notice of intent to cancel has been
served in writing to the city clerk by mail or by personal delivery, from the insurer.
(Code 1975, § 23-72; Ord. No. 2103, 5-27-03)

Sec. 102-164. Operation of horse-drawn vehicles for hire.
(a)    Standards. The following standards apply to the operation of horse-drawn
       vehicles:
       (1)     The operator of each horse-drawn vehicle shall be responsible for the
               care of the horses. No operator shall mistreat a horse or use horses
               which are in ill health.
       (2)     Droppings or excretions from horses must be immediately cleaned, swept
               and removed.
       (3)     When persons are in the vicinity of or occupy a horse-drawn vehicle, it
               shall be attended at all times by the operator or an assistant who shall
               control the horses and attend to the safety of all such persons.
       (4)     All traffic laws shall be obeyed.
(b)    Operating on designated streets. Horse-drawn vehicles shall not be operated on
       limited access streets, limited access highways, restricted access streets or
       highways, or any street where a horse-drawn vehicle is likely to cause traffic
       congestion. The city commission may prescribe by resolution that a horse-drawn
       vehicle shall be operated only in certain streets, alleys or other public places, or
       may prohibit operation in such locations. In making such determination the city
       commission shall use information from the city police, the city engineer or such
       other source as it may deem appropriate.
(c)    Hours of operation. Horse-drawn vehicles shall be allowed to operate on the
       street, alleys, highways, roads and public places of the city, except where limited
       or prohibited by the city commission, during daylight hours and no later than 2:30
       a.m.
(Code 1975, § 23-75)

Secs.102-165--102-180. Reserved.

DIVISION 2. LICENSES

Sec.102-181. Required; fees.
        No owner shall permit or cause a horse-drawn vehicle to be driven on any street,
alley, highway, road or public place within the city without a license having been
obtained for the horse-drawn vehicle. Licenses shall be issued for horse-drawn vehicles
upon the completion of an inspection, and shall expire annually on May 1 following the
issuance thereof. Fees for the horse-drawn vehicle license shall be determined by the
city commission in its lee resolution. The city commission shall provide lees lor part-year
licenses.
(Code 1975, § 23-69)

Sec. 102-182. Vehicle driver's license required.
       No person shall operate or drive a horse-drawn vehicle without a currently valid
vehicle chauffeur' s license issued by the state or by another state or territory of the
United States, a foreign country, or the District of Columbia.
(Code 1975, § 23-70)

Sec.102-183. Revocation; effective date.
(a)    In the event a license lor a horse-drawn vehicle or a driver' s license has been
       revoked, the revocation shall be effective immediately upon expiration of the time
       lor appeal if none is filed, and otherwise at the time of the final decision by the
       city manager if the revocation is upheld alter hearing. Any owner or operator who
       is aggrieved by such revocation may, within ten days of the revocation file a
       written appeal to the city manager, who shall review the revocation utilizing the
       standards set forth in this article. In the event the city manager concurs in the
       revocation, the owner or operator may appeal to the circuit court, such appeal to
       be taken within 21 days from the date of the written decision of the city manager.
(b)    In determining the appeal the city manager shall alford the owner or operator a
       full hearing with right to counsel, presentation and cross examination of
       witnesses and the submitting of any exhibits for the record. The city manager' s
       decision shall be made upon the record which shall be preserved. The city
       manager may utilize a referee to hold a hearing.
(Code 1975, § 23-74)

Sec. 102-184. Horse-drawn vehicle license; issuance and revocation.
(a)    Standards for issuance of license. The following standards shall apply in
       determining whether to issue or renew a horse-drawn vehicle license. All other
       standards defined or implied in this article lor revocation are included:
       (1)    No license shall be issued to any person who has not attained the age of
              18 years, or to any entity which is not controlled by a person who is 18
              years of age.
       (2)    No license shall be issued or renewed to a person, or an entity controlled
              by such person, who has been convicted of a felony, unless such person
              has demonstrated, lor a period of five years alter the release from parole
              or commitment from the applicable corrections department, no
              convictions of any felony or misdemeanor.
       (3)    No license shall be issued to or renewed by a person, or entity controlled
              by such person, who has been convicted of a drinking or narcotics and
              driving related traffic offense within a period of five years before the
              issuance of the license.
       (4)    In the event of revocation of a license or refusal to renew such license
              based on standards set forth in this division, such person or entity shall
              not be issued a license for a period of five years from the date of such
              revocation or non renewal.
       (5)    No license shall be issued to any person or entity controlled by such
              person, who has habitually, or at any time during the five years prior to
              application, engaged in conduct which would be cause for revocation of a
              license under this article.
(b)    Standards tor denial or revocation of license. A license may be refused or
       revoked if:
       (1)    It is determined at any time that the application or information supplied
              with a renewal form contains false, fraudulent or misleading information,
              or it is reasonably demonstrated that information was intentionally omitted
              from the application or renewal form.
       (2)    The holder of the license, during the license term, is convicted of a felony,
              a high court misdemeanor, or a misdemeanor involving moral turpitude or
              assaultive conduct.
       (3)   The holder shall cause any accident causing injury to or death of any
             person, or injury to or destruction of any property, provided that this
             provision may be waived if the vehicle involved was legally parked at the
             time of the accident. This subsection shall apply whether or not the
             vehicle involved in the accident is the horse-drawn vehicle licensed under
             this division.
       (4)   The holder engages in any conduct or performs any act which would
             reasonably demonstrate that he does not meet the standards for issuance
             of a license set forth in this article, or if the holder violates any restriction
             or requirement of this article or any rule determined by the city
             commission under this article.
       (5)   The holder engages in conduct or performs any act which endangers the
             public health, safety and welfare of the inhabitants of the city, or engages
             in immoral and disreputable conduct which would tend to endanger,
             embarrass or humiliate any person riding in a horse-vehicle.
      (6)    The holder engages in any public fight or breach of the peace, or is found
             in an intoxicated condition or under the influence of any narcotic while
             operating or attempting to operate a horse-drawn vehicle.
      (7)    The holder attempts to transfer the license. It shall be unlawful for any
             person holding a license to transfer or attempt to transfer such license or
             any card issued under this article to any person; and it shall be unlawful
             for any person holding such a license to knowingly permit any other
             person to have such license in his possession. It shall be unlawful for any
             person to exhibit, wear or have in his possession while operating a horse-
             drawn vehicle a license or card issued to any other person.
(Code 1975, § 23-73)
Date:      May 10,2005
To:        Honorable Mayor and City Commissioners
From:      Gail A. Kundinger, City Clerk
RE:        Liquor License Request
           D & L of Michigan, LLC
           441 W. Western




SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from D & L of Michigan, LLC, to
transfer ownership of the 2004 Class C-SDM licensed business with
dance permit and outdoor service (1 area), located in escrow at 3621
Getty, Norton Shores, from North-Saylor, Inc. and transfer location to
441 W. Western, Muskegon.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION:                 The   Police   Department     is
recommending denial of the request.
April 20, 2005



To:           City Commission through the City Manager

From:            ~ L . ( ~,
             Ant    ny L. Kle1becker, Director of Public Safety

Re:          Liquor License Request - 441 W. Western Street
             Transfer of 2004 Class C-SDM Licensed Business


The Muskegon Police Department has received a request from the Michigan
Liquor Control Commission for an investigation of applicant D&L of Michigan
LLC, comprised of Darren Jackson of 2059 Richmond NW, Grand Rapids, Ml
and Lacy Jones of 245 Eastern SE, Grand Rapids Mi.

D&L of Michigan, LLC requests to transfer ownership of 2004 Class C-SDM
licensed business (in escrow) with Dance Permit and Outdoor Service (1 Area)
from North-Saylor, Inc, and transfer location (Governmental Unit) from 3621
Getty, Norton Shores, Michigan and request a new Entertainment Permit. Lacy
Jones has minimal management experience of an alcohol serving business;
Darren Jackson does not. Both applicants are aware of the Muskegon Police
Department's position on enforcing local alcohol laws and ordinances.

As stated under the Liquor Control Commissions rule R436.11 05 (Application
for license; denial; grounds) Section 2 "The commission shall consider all of the
following factors in determining whether an applicant may be issued a license or
permit:". Sub-section (d) states "The opinions of the local residences, local
legislative body, or local law enforcement agency with regards to the proposed
business", (e)"The applicant's moral character''. Information learned from a
Criminal History report led us to question an applicant's moral character as it
relates to operating an alcohol serving business within the City of Muskegon
and further led us to question how the proposed business would be operated.
Federal law prohibits dissemination or release of non-conviction data , such as
arrest-only records, except to authorized criminal justice agencies.
The Muskegon Police Department request that this application for liquor license
be denied.



ALK/kd
                                                                                                      ::27377/
                                                                                                            t-,;JA           t::."''f\1: ; c __



Sincerely,       SENDER: COMPLETE THIS SECTION                                       COMPLETE THIS SECTION ON DELIVERY

                                                                                     A. Signature
                                                                                                                                   0 Agent
                                                                                     X                                             0 Addressee
                                                                                     B. Received by (Printed Name)          c.   Date o f Delivery




En c.




                                                                                     4. Restricted Delivery? (Extra Fe e)          0   Yes

                 2. Article Number 7000             t!J..);?O   00!'/
                    (Transfer from service label)
                                                                                     37'/7
                 PS Form 3811 , August 2001                     Domestic Return Receipt                                           1 02595-02-M-103~




                                                                •                     J
                                                                                                                                        Req ID # 273771
                                                           STATE OF MICHIGAN                                                                               i ·- :;J-5
                                                             P.O. Box 30005
                                                         Lansing, MI 48909-7505
                                                                                                                          fl1'1YJ-

                               LOCAL LAW ENFORCEMENT AGENCY REPORT

                                            DANCE/ENTERTAINMENT/TOPLESS ACTIVITY PERMIT
                                                      (Authorized by MCL 436 .1916)


D & L OF MICHIGAN, LLC
APPLICANT/LICENSEE                                                                                                     PHONE NUMBER



STREET ADDRESS                                                                                               COUNTY                       ZIP




1.           The dance floor ~1 not be less than 100 square feet, is clearly marked and well defined when there is dancing by
             customers . ~                NO             N/A

2.           Describe the type of entertainment applicant/licensee will provide:            NIA
                                              b:r~ L/v~




3.           Will this entertainment include topless activity?     YES                                     NIA


                       DANCE PERMIT                          YES                               N/A
                       ENTERTAINMENT PERMIT                  YES                               N/A
                       TOPLESS ACTIVITY PERMIT               YES              NO
                                                                                               ~
i!mMARKS.,




             DATE SUBMITTED


                                                                   fY!usu. .t.:~-cc;....~ Pro                 ,.2.3f-7Z-Y-G.9~
                                                                           DEPARTMENT NAME                            PHONE NUMBER



                                                                   9 8-0    Jt..:.-,:..,~r-.s <:JA!   /'l?vs. t '-<.!:. cu~     <-/- 9   <+t.f...J

                                                                           ADDRESS                                                       CITY




LC-693N REV 5198
4880-0652

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