Approved Agreements and Contracts 2026/05/12 Obsolete Property Certificate 1937 Lakeshore

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                          Agenda Item Review Form
                          Muskegon City Commission

Commission Meeting Date: May 12, 2026                  Title: Issuance of an Obsolete Property Certificate
                                                       - 1937 Lakeshore Dr.


Submitted by: Isabela Gonzalez, Development            Department: Economic Development
Analyst


Brief Summary:
Pursuant to Public Act 146 of 2000, Lakeside Development Properties LLC has requested the issuance
of an Obsolete Property Rehabilitation Certificate for the property located at 1937 Lakeshore Drive to
support redevelopment of the site.

Detailed Summary & Background:

Lakeside Development Properties LLC has requested the issuance of an Obsolete Property
Rehabilitation Certificate for the property located at 1937 Lakeshore Drive. If approved, the
property's taxable value would be frozen at the pre-rehabilitation level for the duration of the
certificate. The Obsolete Property Rehabilitation District for this site was previously established by the
City Commission.


The applicant is proposing the redevelopment of the former Harbor Theater site as part of the Encore
at Harbor Theater project, with an estimated total project cost of $3,665,733. The project has
previously been before the City Commission for multiple incentive-related actions, including approval
of a Commercial Redevelopment Act abatement and establishment of a Neighborhood Enterprise
Zone district. Additionally, a prior Obsolete Property Rehabilitation Certificate associated with the
former property owner was revoked.


At the time of initial incentive discussions, staff recommended utilization of incentives available under
Public Act 255 of 1978, as amended. However, that program, along with Public Act 210 of 2005,
expired at the end of 2025 and has not been extended by the State Legislature. While the State
Senate approved legislation to extend the program, it has not advanced in the State House, and
extension is not anticipated in the near term. At this time, there are no current tax abatements for this
property.


Given the project timeline and anticipated construction start in spring, staff recommended that the
applicant pursue an Obsolete Property Rehabilitation Certificate under Public Act 146 of 2000 prior to
construction in order to support project financing.


The City's Internal Tax Committee has reviewed the application and supporting documentation.
Based on its analysis and the applicable scoring criteria, which are consistent with the former Public
Act 255 framework, the Committee recommends approval of the attached resolution granting an
eight (8)-year Obsolete Property Rehabilitation Certificate.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business


Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
This is   a new application for a different commercial tax abatement.

Amount Requested:                                     Budgeted Item:

N/A                                                    Yes          No          N/A | X

Fund(s) or Accouni(s):                                Budget Amendment Needed:

N/A                                                    Yes          No          N/A | X

Recommended Motion:
| move to close the public hearing and approve the attached resolution for the issuance of an
Obsolete Property Rehabilitation Certificate for 1937 Lakeshore Drive and authorize the City Clerk
and Mayor to sign.

Approvals:                                            Name the Policy/Ordinance Followed:

 Head                                                 2000, as amended

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                                                                                                                                                      RECEIVED
Michigan Department of Treasury



                            Property Rehabilitation Exemption Certificate’     ~ / 2026
3674 (Rev. 12-20)


Application for Obsolete
                      as amended.                                       CITY OF MUSKEGON
Issued under authorily of Public Act 146 of 2000,                                                                                  DEVELOPMENT SERVICES

This application should be filed after the district is established. This project will not receive tax benefits until approved by the State Tax Commission.
Applications received after October 31 may not be acted upon in the current year. This application is subject to audit by the State Tax Commission,
INSTRUGTIONS: File the completed application and the required attachments with the clerk of the local government unit.Bulletin                (The Stale Tax Commission
requires two copies of the Application      and attachments.     The original is  retained  by the  clerk.)  See   State Tax  Commission              9 of 2000 for more
information about the Obsolete Property Rehabilitation         Exemption.   The    following must    be  provided   to the local government    unit as  attachments to this
application: (a) General description of the obsolete facility (year built, original use, most recent use,            number of stories, square footage); (b) General
description of the proposed use of the rehabilitated facility, (c) Description of the general nature and extent              of the rehabilitation to be undertaken, (d)
A descriptive  list of the  fixed building equipment   that will be a part of  the  rehabilitated  facility, (e) A time schedule   for undertaking and completing the
rehabilitation of  the facility, (f)A statement of the economic     advantages     expected   from   the  exemption.   A statement   from the assessor of the local unit of
government, describing the required obsolescence           has   been met  for  this building, is required    with each  application.  Rehabilitation may commence aller
establishment of district.

  Applicant (Company) Name (applicant must be the OWNER of the facility)
   Lakeside Development Properties, LLC
  Company Mailing Address (Number and Street, PO. Box, City, State, ZIP Code)
   3597 Henry Street Suite 200 Norton Shores, Michigan 49441
  Location of obsolete facility (Number and Street, City, State, ZIP Code)
    1937 Lakeshore Drive Muskegon, Michigan 49441
  City, Township, Village {indicate which)                                                County
   City of Muskegon                                                                    Muskegon
  Date of Commencement of Rehabilitation (mmidd/yyyy) | Planned date of Completion of Rehabilitation (mmv/dd/yyyy) | School District where facility is located (include
   05/13/2026                                                   1213112026                                                school code) Wuyskegon City (61010)
  Estimated Cost of Rehabilitation                                                         Number of yeats exemption requested
    $3,665,733.00                                                                          MAX
  Altach legal description of obsolete properly on separate sheel.
  Expected Project Outcomes (Check all that apply)
              Increase commercial activity                                    Retain employment                                       Revitalize urban areas
                                                                                                                                      Increase number of residents
              Create employment                                               Prevent a loss of employment                            in the community in which the
                                                                                                                                      facility is situated

      Indicate the number ofjobs to be retained or created as a result of rehabilitating the facility, Including expected construction employment. TBD
                                                                                                                                                                          years.
              Each year, the State Treasurer may approve 25 additional reductions of half (he school operating and state education taxes for a period nol lo exceed six
              Check the box at left if you wish to be considered for this exclusion.

   APPLICANT CERTIFICATION
   The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge,      no information contained
                                                                                                                   the properly for which this application is be-
   herein or in the allachments hereto is false in any vay and that all of the information is truly descriptive ofthe
   ing submitted. Further, the undersigned is aware that, if any statement or information provided is untrue,         exemption provided by Public Act 146 of
                                                                                                              completed, constitutes a rehabilitated facility, as
   2000 may be in jeopardy.
   The applicant certifies that this application relates to a rehabilitation program that, whenwould                not be undertaken without the applicant's
   defined by Public Act 146 of 2000, as amended, and that the rehabilitation of the facility
   receipt of the exemption certificate.
   It is further certified that the undersigned is familiar with the provisions of Public Act 146 of all2000, as amended, of the Michigan Compiled Laws; and lo
   the best of his/her    knowledge   and  belief, (s)he  has complied or  will  be able to comply with    of the requirements thereof which are prerequisite to the
   approval of the application by the     local  unit of government and   the   issuance  of an Obsolete Property  Rehabilitation Exemption Certificate by the Stale
   Tax Commission.
   Name of Company Officer (No authorized agents)                                          Telephone Number                            Fax Number
    Joseph W. Bourdon                                                                        (231) 780-1200                            (231) 780-0211
    Mailing Address                                                                         E-mail Address
     3597 Henry Street Suite 200 Norton Shores, Ml 49441                                    [email protected]
    Signature of Company Officer (no authorized agents)                                     Title
   Che                       ! Bowuncton                                                    Co-Owner, Managing Member
        CAL/GOVERNMENT UNIT CLERK CERTIFICATION
    The Clerk must also complete Parts 1, 2 and 4 on page 2, Parl 3 is to be completed by the Assessor.
    sine.                   a             F   xv                 ae                         Date Application Received                   /

                                                                                                       7             7


                                                                     FOR STATE TAX COMMISSION USE
    Application Number                                                                      Dale Received                              LUCI Code
3674, Page 2


 LOCAL GOVERNMENT ACTION
 This section is lo be completed by the clerk of the local governing unil before submitting the application to the State Tax Commission, include a copy
 of the resolution which approves the application and Instruction iterns (a) thro ugh (f) on page 1, and a separate statement of obsclescence from the
 assessor of record with the Slate Assessor's Board. All sections must be completed in order to process.

 PART 1: ACTION TAKEN
 Action Date




   [ | Exemption Approved for                                    Years, ending December 30,                                  (not to exceed 12 years)

   C] Denied

 Date District Established                                                                   LUCI Code                                     School Code



 PART 2: RESOLUTIONS (the following statements must be included in resolutions approving) .
 Astatement that the local unit is a Qualified Local Governmental Unit.                      Astatement that the application js for obsolete properly as defined In
                                                                                             section 2(h) of Public Act 146 of 2000.
 Astatement that the Obsolete Property Rehabilitation District was legally
 established including the date established and the date of hearing as                       Astatement that the commencement of the rehabilitation of the facility
 provided by section 3 of Public Act 146 of 2000.                                            did not occur before the establishment of the Obsolete Properly
                                                                                             Rehabilitation District,
 Astatement indicating whether the taxable value of the property proposed
 to be exempt plus the aggregate taxable value of property already exempt                    Astatement that the application relates to a rehabilitation program that
 under Public Act 146 of 2000 and under Public Act 198 of 1974 (IFT’s)                       when completed constitutes a rehabilitated facility within the meaning of
 exceeds 5% of the total taxable value of the unit.                                          Public Act 146 of 2000 and that is situated within an Obsolete Properly
                                                                                             Rehabilitation District established in a Qualified Local Governmental Unit
 Astatement of the factors, criteria and objectives, if any, necessary for
                                                                                             eligible under Public Act 146 of 2000 to establish such a district.
 extending the exemption, when the certificate is for less than 12 years,
                                                                              Astatement that completion of the rehabilitated facility is calculated fo,
 Astatement that a public hearing was held on the application as. provided by
                                                                              and will at the time of issuance of the certilicate, have the reasonable
 section 4(2) of Public Act 146 of 2000 including the date of the hearing.
                                                                                             likelihood to, increase commercial activity, create employment, retain
 Astatement that the applicant is not delinquent in any taxes related to the                 employment, prevent a loss of employment, revitalize urban areas, or
  facility.                                                                                  increase the number of residents in the cormmunity in which the facility is
  if it exceeds 5% (see above), a statement that exceeding 5% will not have                  situated. The statement should indicate which of these the rehabilitation
  the effect of substantially impeding the operation of the Qualified Local                  is likely to result in.

  Governmental Unit or of impairing the financia} soundness of an affected        Astatement that thé rehabilitation includes improvements aggregating
  taxing unit.                                                                    10% or more of the true cash value of the property at commencement of
  Astatement that all of the items described under “Instructions” (a) through (f) the rehabilitation as provided by section 2(I) of Public Act 146 of 2000.
  of thé Application for Obsolete Property Rehabilitation Exemption Certificate A statement of the period of time authorized by the Qualified Local
  have been provided to the Qualified Local Governmental Unit by the                         Governmental Unit for completion of the rehabilitation.
  applicant.
  PART 3: ASSESSOR RECOMMENDATIONS
  Provide the Taxable Value and State Equalized Value ofthe Obsolete Property, as provided in Public Act 146 of 2000, as amended, for the tax year im-
  mediately preceding the effective date of the certificate (December 31 of the year approved by the STC)

                                 Building Taxable Value                                                                    Building State Equalized Value

              $   123 S19                                                                             $      271%D00
  Name of Soveine                                                                            Date ofAction Ap, lication                       Dale ofae of Obsolescence
                          Ty o& MusKeaon                                                             4 (4[Z0to                                   TTACHILYAC
  PART 4: CLERK CERTIFICATION                            cd)
  The undersigned clerk certifies thal, to the best of his/her knowledge, no information conlained herein or in the atlachments hereto is false in any way, Further, the
  undersigned is aware that if any information provided is untrue, the exemption provided by Public Act of 2000 may be in jeopardy.
  Name of Clerk                                                                              Telephone Number          ;

     Alan larie.. Jieisch
  Clerk Mailing Address
                                                                                                  (231) 72Y- 6 Zee!
          933 Terrace
  Malling Address
                                             Zz        /
       “1104,CgIA                                                  yYva YaCO

                                                      Fax Number
                                                                                                                       4 @ shorelnee ity ‘COV?
  Telephone Number                  7                                                        E-mailAddress     ,

  C231) 704 72 |                                      (23)) 72Y-W/7E                          QNN: MCI SG
                                                                                                                                 Dale


                                                                                                                                        S-\G-rYov’
 For faster service, email completed application and attachments to [email protected]. An additional submission option is to mail
 the completed application and attachments to Michigan Department of Treasury, Stale Tax Commission, PO Box 30471, Lansing, Ml
 48909. If you have any questions, call 517-335-7491.
                                           CITY OF MUSKEGON
                                     MUSKEGON COUNTY, MICHIGAN

                                     RESOLUTION NO. 2026-32(C)


A resolution approving the application for an Obsolete Property Rehabilitation Exemption Certificate for
Lakeside Development Properties, LLC.

The City Commission of the City of Muskegon hereby RESOLVES:


Recitals

A.      The City Commission has received an Application for an Obsolete Property Rehabilitation Exemption
        Certificate from Lakeside Development Properties, LLC, to apply to the improvements located in an
        Obsolete Property Rehabilitation District established by previous resolution. All items described
        under “Instructions” (a) through (f) of the application for Obsolete Property Rehabilitation
        Exemption Certificate have been provided to the City of Muskegon, the Qualified Local
        Government Unit, by the applicant.

        The City of Muskegon is a qualified local governmental unit as determined by STC Bulletin No. 9 of
        2000, dated July 12, 2000.


        An Obsolete Property Rehabilitation District in which the application property is located was
        established after a hearing on March 12, 2019.

        The taxable value of the property proposed to be exempt, plus the aggregate taxable value of
        properties already exempted under PA 146 of 2000 and under PA 198 of 1974, does not exceed five
        percent (5%) of the total taxable value of the City of Muskegon.

        In the event it is determined that the said taxable values do exceed five percent (5%), the City
        Commission determines further that the said exceedance will not have the effect of substantially
        impeding the operation of the City of Muskegon or impairing the financial soundness of any affected
        taxing units.

        This resolution of approval is considered by the City Commission on May 12, 2026, after a public
        hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was held on this date.

        The applicant, Lakeside Development Properties, LLC, is not delinquent any taxes related to the
        facility.

        The exemption to be granted by this resolution is for eight (8) years.

        The City Commission finds that the property for which the Obsolete Property Rehabilitation
        Exemption Certificate is sought is obsolete property within the meaning of Section 2(h) of Public Act
        146 of 2000 in that the property, which is commercial, is functionally obsolete. The City has received
        from the applicant all the items required by Section 9 of the application form, being the general
        description of the obsolete facility, a general description of the proposed use, a description of the
        general nature and extent of the rehabilitation to be undertaken, a descriptive list of fixed building
        equipment that will be part of the rehabilitated facility, a time schedule for undertaking and complete
        the rehabilitation, and statement of the economic advantages expected from the exemption.

        Commencement of the rehabilitation has not occurred before the establishment of the district.
        The application relates to a rehabilitation program that when completed will constitute a rehabilitated
        within the meaning of PA 146 of 2000 and will be situated within the Obsolete Property Rehabilitation
        District established by the City under PA 146 of 2000.


        Completion of the rehabilitated facility is calculated to and will, at the time of the issuance of the
        Certificate, have the reasonable likelihood to increase commercial activity and create employment; it
        will revitalize an urban area. The rehabilitation will include improvements aggregating more than ten
        percent (10%) of the true cash value of the property at the commencement of the rehabilitation.


        The City Commission determines that the applicant shall have twenty-four (24) months to complete
        the rehabilitation. It shall be completed by January 1, 2027, or two years after the Certificate is
        issued, whichever occurs later.


        That notice pursuant to statute has been timely given to the applicant, the assessor for the City of
        Muskegon, representatives of the affected taxing units and the general public.


        NOW, THEREFORE, THE CITY COMMISSION RESOLVES:


        Based upon the statements set forth in, and incorporating the recitals to this resolution, the City
        Commission hereby approves the application filed by Lakeside Development Properties, LLC, for an
        Obsolete Property Rehabilitation Exemption Certificate, to be effective for a period of 8 years;


        BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set forth in
        Attachment A, the legal description containing the facilities to be improved;


        BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant shall comply
        with the representations and conditions set forth in the recitals above and in the application material
        submitted to the City.


This resolution passed.

Ayes:   Kochin, St.Clair, Johnson, Kilgo, and German


Nays:   None


                                                                CITY OF MUSKEGON



                                                      BY: 0a"
                                                            “Ken Jonson
                                                                Mayor


                                                a                 a
                                                             ~ Ann Meisch
                                                                                ene
                                                                Clerk
                                              CERTIFICATE



This resolution was adopted at a meeting of the City Commission held on May 12, 2026. The meeting was
properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public
Acts of 1976.


                                                            ClFY.OF MUSKEGON



                                                                     Ann Meisch, City Clerk




                         ATTACHMENT A: PROPERTY DESCRIPTION

Address:         1937 Lakeshore Dr. (first floor commercial suite)

PIN#:            61-24-205-627-0002-00


Parcel Size:     0.21 Acres



Legal:   CITY OF MUSKEGON REVISED PLAT OF 1903 SWLY 55 FT LOT 2 & NELY 22 FT LOT 3
BLK 627

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