Downtown Development Authority Agenda 03-14-2023

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                                    CITY OF MUSKEGON
                            DOWNTOWN DEVELOPMENT AUTHORITY
                           BROWNFIELD REDEVELOPMENT AUTHORITY



                    DATE OF MEETING:                                  Tuesday, Mar. 14, 2023
                    TIME OF MEETING:                                  10:30 A.M.
                    PLACE OF MEETING:     City Hall Commission Chambers,
                                          933 Terrace, Muskegon, MI
______________________________________________________________________________
                                                          AGENDA

     I.        Roll Call

     II.       Approval of the meeting minutes of Feb. 14, 2023

     III.      Public comments on agenda items

     IV.       BRA Business

               A. Brownfield Plan Amendment- 2nd Amendment, Adelaide Pointe. (Contessa
                  Alexander)
               B. Brownfield Development Reimbursement Agreement- 2nd Amendment, Adelaide
                  Pointe. (Contessa Alexander)

     V.        DDA agenda items

               A. DDA financial report
               B. Façade Grant - Early Owl (Dave Alexander)
               C. Events update (City Clerk’s Office)

     VI.       Adjourn


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Ann Marie Cummings, City Clerk at 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TTY/
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                                     CITY OF MUSKEGON
                  DOWNTOWN DEVELOPMENT AUTHORITY (DDA) /
                 BROWNFIELD REDEVELOPMENT AUTHORITY (BRA)
                  JOINT MEETING WITH BUSINESS IMPROVEMENT
                                  DISTRICT

                                REGULAR MEETING MINUTES

                                        February 14, 2023

The meeting was held in the City Commission Chambers. Chairperson M. Bottomley called the
meeting to order at 10:30 AM and roll was taken.

MEMBERS PRESENT:               M. Bottomley, B. Tarrant, K. Reid, M. Kleaveland, J. Wallace Jr.,
                               S. Black, J. Moore, J. Seyferth

MEMBERS ABSENT:                H. Sytsema, M. Johnson Sr., B. Hastings, D. Pollock, J. Riegler

STAFF PRESENT:                 P. Wills, Director of Strategic Initiatives; D. Alexander,
                               Downtown Manager, C. Hood, Development Analyst, S. Pulos,
                               Administrative Assistant for Development Services, W. Webster,
                               Administrative Assistant, D. VanderHeide, Director of DPW, Jake
                               Eckholm, Director of Development Services

OTHERS PRESENT:

APPROVAL OF MINUTES
Motion by K. Reid, second by J. Moore, to approve the regular meeting minutes for December
13,2022. Voice vote, all approved.

Agenda Item A: DDA Financial Report
Outline of request: Staff is asking the DDA board to review and accept the financial statements
for the DDA and events for Nov. 31, 2023.
Background: The second to last column on the right of the DDA financial statement now
reflects the updated FY 2022-23 budget and the increase in tax increment revenues as approved
in December. The events budget has about $100,000 in fund balance going into the 2023 event
season with Michigan Makers Market, Taste of Muskegon and the Lakeshore Art Festival.

Motion: Motion by M. Kleavel and to accept the 2022-2023 Financial Report, second by S.
Black
Roll Call Vote:
 M. Bottomley: Yes                B. Tarrant: Yes                 K. Reid: Yes
 M. Kleaveland: Yes               J. Wallace, Jr: Yes             S. Black: Yes
 J. Moore: Yes                    J. Seyferth: Yes
All in favor, motion passes.
Agenda Item B Financial Transition 12-31-23 and Beyond
Background: As the BID ends its special assessments I 2023, the Downtown Development
Authority is being asked to pick up summer landscaping and winter snow removal services.

Outline of Request: Staff is giving some suggested direction as to the providing and funding of
downtown services as the BID ends its special assessment.
Motion: Motion to approve the pickup of summer landscaping and winter snow removal
services made by J. Wallace, Jr, seconded by J. Moore
All in favor, motion passes.

Agenda item C Landscaping Bids and approval to fund 2024-2027
Outline of request: City Department of Public Works in conjunction with the BID, DDA and
Lakeside BID requested private landscape company bids for eight areas of service, including
downtown landscaping and flower planter services. Staff is asking the DDA board to approve a
share of the Barry’s Greenhouse and Landscaping contract for 2024-2027.
Background: The summer landscaping bids only received two proposals but the costs were
much lower than anticipated. Staff recommends the DDA approve the Barry’s quote and pick up
the cost of bid area 1, 3, 7 and 10 percent of 8. This scope of work includes what the BID had
been receiving from DPW for landscaping and Barry’s for flower service that past three or more
years. Please see the overall explanation of the bid process and results from DPW Director
VanderHeide’s work session presentation to the Muskegon City Commission that is attached.
Your action will be sent on to the Muskegon City Commission for final approval at the Feb. 28
commission meeting.
Motion: Motion to approve acceptance of awarding the contract to Barry’s Greenhouse made
by J. Wallace, Jr, seconded by J. Moore
Roll Call:
 M. Bottomley: Yes               B. Tarrant: Yes                 K. Reid: Yes
 M. Kleaveland: Yes              J. Wallace, Jr: Yes
 J. Moore: Yes                   J. Seyferth: Yes                S. Black: Yes
All in favor, motion passes

Agenda Item D: Façade Grant – No Name Saloon

Outline of request: After staff and DDA committee recommended approval, staff is asking for
approval of a façade grant for $15,000 for No Name Saloon, 609 W. Western.
Background: The façade program has requests more than $10,000 to be reviewed by staff, DDA
committee (which is Brad Hastings currently) and approved by the DDA board. The request is
for exterior improvements to the front of the business including new doors, upgrade of the sign,
and new windows that slide open. The application and back up documents are in this agenda
packet. This is the second completed grant application. You have already approved $15,000 for
Carlisle’s at the arena.
Motion: Motion to approve $15,000 façade grant for No Name Saloon by M. Kleaveland,
Seconded by J. Moore
Roll Call:
 M. Bottomley: Yes               B. Tarrant: Yes
                                                               K. Reid: Yes
 M. Kleaveland: Yes              J. Wallace, Jr: Yes
 J. Moore: Yes                   J. Seyferth: Yes              S. Black: Yes
PUBLIC PARTICIPATION
None.

OTHER BUSINESS
None.

AJOURNMENT
12:04PM
BRA Agenda Item IV.A


                        Muskegon Brownfield Development Authority
                               Agenda Item IV-A for 3-14-23


                Adelaide Pointe QOZB, LLC, 1148 and 1204 West Western Ave.
                                  Adelaide Pointe Project

                        Brownfield Plan Amendment, 2nd Amendment


Requesting party: Adelaide Pointe QOZB, LLC

Outline of the request: Adelaide Pointe QOZB, LLC has submitted a Brownfield Plan
Amendment (2nd Amendment) for the Adelaide Pointe Project – a 35-acre mixed use waterfront
development project including winter boat storage, marina space, In/Out forklift boat storage,
commercial/retail, and up to 400 housing units.

This 2nd Amendment BPA has been prepared due to the developer no longer seeking the City of
Muskegon’s bonds to pay for eligible costs related to public infrastructure. The developer will
pay for the following public infrastructure costs: public roadways, a reconfiguration of West
Western Ave, as well as water main, sanitary sewer and storm sewer utilities. The city will not
be bonding, paying for, or constructing any assets. This will cause a shift in the Brownfield Tax
Increment Funds to allow for the developer to receive 100% reimbursement for eligible
activities.

Background: The project seeks to transform the 35-acre site into a development that will
expand public access to waterfront activities through the creation of a 280-slip marina, up to
400 new residential condominium units, dry stack marina and boat storage, and
commercial/retail space. Plans for the site have begun and will continue through Fall 2030.
Total private investment, not including property acquisition, is approximately $250 million.

Staff comments: The initial Brownfield Plan Amendment was approved by the BRA on Oct. 12,
2021 and City Commission on Oct 26, 2021. The 1st Amendment to the BPA was approved by
BRA on Dec. 13, 2022 and by City Commission on Jan. 10, 2023.

Staff recommendation: City staff has reviewed the Adelaide Pointe Project Brownfield Plan
Amendment (2nd Amendment) and recommends approval.

Suggested motion: I move to approve/disapprove the resolution for the Brownfield Plan
Amendment (2nd Amendment) for the Adelaide Pointe Project and further request staff to set a
public hearing before the Muskegon City Commission to consider adoption of the plan.
                                      City of Muskegon
                             Brownfield Redevelopment Authority
                            County of Muskegon, State of Michigan

                RESOLUTION APPROVING BROWNFIELD PLAN AMENDMENT

                    Adelaide Pointe QOZB LLC (1148-1204 West Western)

                                         2nd Amendment




       Minutes of a regular meeting of the Board of the City of Muskegon Brownfield

Redevelopment Authority, County of Muskegon, State of Michigan, held on the 14th day of March

2023 at 10:30 a.m., prevailing Eastern Time.

       PRESENT:       Members ____________________________________________________

______________________________________________________________________________

       ABSENT:        Members ____________________________________________________



       The following preamble and resolution were offered by Member ______________              and

supported by Member ___________________:

       WHEREAS, a Brownfield Plan has been adopted pursuant to Act 381, Public Acts of

Michigan, 1996, as amended (“Act 381”), a copy of which is on file with the Secretary of the City of

Muskegon Brownfield Redevelopment Authority (the “Authority”); and

       WHEREAS, the Authority is authorized to approve amendments to the Brownfield Plan and

recommends the Amendment to add eligible properties within the Adelaide Pointe Project for

approval to the City of Muskegon, County of Muskegon, State of Michigan (the “City”).


       NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

       1.     Approval of Brownfield Plan.       The Board hereby adopts and approves the

       Brownfield Plan Amendment (2ndAmendment) for the Adelaide Pointe Project and

       recommends the approval of the Brownfield Plan Amendments by the Muskegon City
     Commission.

     2.      Public Hearing. The Board hereby requests city personnel to provide a notice of

     Public Hearing on the proposed Brownfield Plan Amendments, and further requests that

     such hearing notice be provided to all taxing jurisdictions. Notice of the time and place of

     the hearing shall be given pursuant to Act 267, Public Acts of Michigan, 1976, as amended

     (“Open Meetings Act”).

     3.      Deliver Resolution and Brownfield Plan to City.         The Chair of the Authority is

     directed to deliver a certified copy of this resolution and the Brownfield Plan Amendments to

     the City Clerk.

     4.      Disclaimer.   By adoption of this resolution and approval of the Brownfield Plan

     Amendments, the Authority assumes no obligation or liability to the owner, developer or

     lessor of the Eligible Property for any loss or damage that may result to such persons from

     the adoption of this resolution and Brownfield Plan Amendments.

     5.      Work Plan Transmittal. The Chair of the Authority shall be authorized to transmit to

     the Michigan Strategic Fund, the Michigan Economic Development Corporation and/or the

     Michigan Department of Environmental Quality, on behalf of the Authority, a final Act 381

     Work Plan that has been reviewed and approved by the Authority.

     6.      Repealer. All resolutions and parts of resolution in conflict with the provisions of this

     resolution are hereby repealed or amended to the extent of such conflict.

     AYES:

     NAYS:



RESOLUTION DECLARED ADOPTED.


                                    ____________________________
                                    Martha Bottomley, Chair
                                    City of Muskegon Brownfield Redevelopment Authority


                                              -2-
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Board

of the City of Muskegon Brownfield Redevelopment Authority, County of Muskegon, State of

Michigan, at a regular meeting held on March 14, 2023, and that said meeting was conducted and

public notice of said meeting was given pursuant to and in full compliance with the Open Meetings

Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept

and will be or have been made available as required by said Act.



                                     _____________________________
                                     Martha Bottomley, Chair
                                     City of Muskegon Brownfield Redevelopment Authority




                                              -3-
BRA Agenda Item IV.B


                        Muskegon Brownfield Development Authority
                               Agenda Item IV-B for 3-14-23


                Adelaide Pointe QOZB, LLC, 1148 and 1204 West Western Ave.
                                  Adelaide Pointe Project

           Brownfield Development Reimbursement Agreement, 2nd Amendment


Requesting party: Adelaide Pointe QOZB, LLC

Outline of the request: Adelaide Pointe QOZB (APQ), LLC has submitted a Development and
Reimbursement Agreement (2nd Amendment) contingent upon the approval of the 2nd
Amendment to the BPA for Adelaide Pointe.

Background: The 2nd Amendment to the Brownfield Development & Reimbursement
Agreement for Adelaide Pointe QOZB, LLC has been prepared. This will cause a shift in the
Brownfield Tax Increment Funds to allow the developer to receive 100% reimbursement for
eligible activities. The City is no longer using bonds to pay for public infrastructure. The
developer will undertake the public infrastructure expenses moving forward.

The 1st Amendment to the DRA for APQ was approved by the BRA and CC on Jan. 10, 2023.

Staff recommendation: City staff has reviewed the Adelaide Pointe Brownfield Development
Reimbursement Agreement, 2nd Amendment and recommends approval.

Suggested motion: I move to approve/disapprove the Development and Reimbursement
Agreement (2nd Amendment) for the approved Brownfield Plan for Adelaide Pointe QOZB, LLC
(Adelaide Pointe Project).
                                      City of Muskegon
                             Brownfield Redevelopment Authority
                            County of Muskegon, State of Michigan

   RESOLUTION APPROVING BROWNFIELD DEVELOPMENT AND REIMBURSEMENT
                          AGREEMENT

                                          2nd Amendment

                                   Adelaide Pointe QOZB, LLC
                                    Adelaide Pointe Project


       Minutes of a meeting of the Board of the City of Muskegon Brownfield Redevelopment

Authority (“Authority”), County of Muskegon, State of Michigan, held in the City Hall on the 14th

of March, 2023 at 10:30 a.m., prevailing Eastern Time.

PRESENT:       Members

       _________________________________________________________

       _________________________________________________________________

       _________________________________________________________________

ABSENT:        Members ________________________________________________________

       _________________________________________________________________

       The following preamble and resolution were offered by Member ________________ and

supported by Member ________________:

       WHEREAS, the Authority approved a Brownfield Plan Amendment to include the

Adelaide Pointe Project (“Project”) during its meeting on October 12, 2021;

       WHEREAS, the Adelaide Pointe Project Brownfield Plan Amendment includes tax

increment financing to pay for certain eligible activities related to the Project;

       WHEREAS, the Authority approved the original Development and Reimbursement

Agreement during its meeting on November 9, 2021;

       WHEREAS, a Development and Reimbursement Agreement (2nd Amendment) between

the City and Adelaide Pointe QOZB, LLC has been negotiated to provide for reimbursement of
the costs of eligible activities identified in the Brownfield Plan Amendment.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

       1. The Development and Reimbursement Agreement (2nd Amendment) between the

           City and Adelaide Pointe QOZB, LLC for the Adelaide Pointe Project Brownfield Plan

           Amendment is necessary to facilitate the implementation of the Brownfield Plan.

       2. The Authority hereby approves the Development and Reimbursement Agreement

           (2nd Amendment) for the Adelaide Pointe Project Brownfield Plan, and recommends

           the approval of the Agreement by the Muskegon City Commission.

       3. Repealer. All resolutions and parts of resolution in conflict with the provisions of this

resolution are hereby repealed or amended to the extent of such conflict.

AYES: _______________________________________________________________

       _______________________________________________________________

       _______________________________________________________________

NAYS: _______________________________________________________________

       _______________________________________________________________

RESOLUTION DECLARED ADOPTED.


                                              _____________________________
                                                         Secretary




                                                -2-
       I hereby certify that the foregoing is a true and complete copy of a resolution adopted by

the Board of the City of Muskegon Brownfield Redevelopment Authority, County of Muskegon,

State of Michigan, at a meeting held on March 14, 2023, and that said meeting was conducted

and public notice of said meeting was given pursuant to and in full compliance with the Open

Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said

meeting were kept and will be or have been made available as required by said Act.



                                            _____________________________
                                                        Secretary




                                               -3-
             SECOND AMENDMENT TO DEVELOPMENT AND
                   REIMBURSEMENT AGREEMENT
                                          ADELAIDE POINTE

        This FIRST AMENDMENT TO DEVELOLPMENT AND REIMBURSEMENT AGREEMENT
(“Agreement”) is made __________, 2022 (“Effective Date”) between the City of Muskegon
Brownfield Redevelopment Authority (“Authority”), a Michigan public body corporate, with an
address of 933 Terrace Street, Muskegon, MI 49440 (“Authority”), City of Muskegon, a Michigan
Municipal Corporation (“City”), with an address of 933 Terrace St., Muskegon, MI 49440, and Adelaide
Pointe Qozb, LLC (“APQ”), with an address of 1204 W. Western Avenue, Muskegon, MI 49441.
Authority, City and APQ are at times referred to as a “Party” or together as “Parties”.

                                              Background
        APQ owns approximately 30 acres of waterfront brownfield property which is located at the west
end of West Western Avenue within the City of Muskegon.

         The City owns certain property adjacent to, and to the east of, the APQ Property commonly known
as Hartshorn Marina which the City has previously used for public small boat slip rentals and related
activities. The APQ Property and the City Property may be collectively referred to as the “Property”.

        APQ and the City have entered into a “Cooperative Use and Development Agreement” which
substantiates APQ’s and the City’s desire to a) utilize each other’s specified property for beneficial use b)
cooperate in the pursuit of funding for improvements to each other’s Property c) assist one another with
applications and approvals for improvements and d) make improvements as specified in the APQ PUD
approved by the City Commission on September 13, 2022.

        APQ intends to develop the Property for mixed uses including boat storage, boat dockage, in-out
boat service, marinas, residential condominiums, commercial uses, and open space and recreational areas
(“Development”). The specific improvements to be included in the Development will be defined in the
Cooperative Use Agreement, addendums to this Agreement and the Planned Unit Development Agreement
(“PUD”) to be submitted to the City (“Development Agreements”).

       Authority, City and APQ entered into a Development and Reimbursement Agreement effective
____, 202___, which was approved by the Authority on November 9, 2021 and by the City on November
23, 2021. Pursuant to that Agreement, APQ and City were to perform “eligible activities” and be
reimbursed, as defined and provided for in that Agreement.

The Parties agree as follows and that to the extent this Agreement and the
Development and Reimbursement Agreement vary, this Agreement shall control:
        1.      Background. The Parties agree the Background paragraphs are true and correct and are
                incorporated into the body of this Agreement.

        2.      Improvements. APQ will develop both the APQ Property and the City Property as a
                mixed-use development including boat storage, boat dockage, in-out boat service, marinas,
                residential condominiums, commercial uses, and open space and recreational areas.



                                                     1
3.   Indemnity and Insurance. APQ holds the City harmless and will indemnify the City for
     any liability, including attorney fees, resulting from the engineering, design and
     construction of the Project. City and APQ will name the other on their respective general
     liability insurance policies.

4.   Changes, Standards and Dedication. All improvements must be made according to the
     plans and specifications of the APQ PUD approved by the City. All construction of Public
     Improvements must be completed to the standards established by the City of Muskegon
     (“City Standard”). The City will accept a dedication of all or any portion of the Public
     Improvements only if built to City Standards.

5.   Addendum Presentation. APQ shall, from time to time, present addendums to the City
     that detail discrete development projects that improve the Property according to the PUD.
     To the extent the addendums addresses “eligible expenses” and expenses to be reimbursed
     by the Authority, the addendums shall also be provided to the Authority for purposes of
     Amending the Development and Reimbursement Agreement and the Brownfield Plan.
     These addendum shall detail Authority, City and APQ obligations to one another and shall
     include but not be limited to:
     a. Architectural and/or Engineering drawings
     b. Construction schedules
     c. Construction budgets
     d. Itemization of relevant Brownfield Reimbursements that will be paid to APQ by City
     e. Proof of financing

6.   Addendum Approvals. Upon receiving necessary Authority and City approvals of each
     Addendum all parties shall be obligated to perform under the obligations detailed in the
     addendum. Approvals by Authority and City shall not be unreasonably withheld if they
     are compliant with improvements approved in APQ’s PUD.

7.   Funding for Brownfield Reimbursements.


     a. Brownfield Tax Increment Financing. APQ has submitted to the Authority an
        amendment to the current brownfield plan. Pursuant to the Brownfield Redevelopment
        Financing Act, Act 381 of the Public Acts of Michigan of 1996 as amended (“Act
        381”) the Authority adopted the brownfield plan amendment on October 12, 2021 (the
        “Brownfield Plan Amendment”) to add the APQ Property.

             i. The Property is included in the Brownfield Plan Amendment as an “eligible
                property” because it is a “facility” as defined by Part 201 of the Natural
                Resources and Environmental Protection Act (“Part 201”).

             ii. Neither the City nor APQ is a liable party, under Part 201, for remediation of
                 any existing contamination on the Property.

            iii. APQ has and will continue to conduct Eligible Activities (as defined in Act
                 381) on the Property to address environmental and other brownfield
                 conditions, in addition to the construction of roads, water mains and sewer
                 mains, in a collaborative effort to position the Property for redevelopment.
                 Actual expenditures by the Parties to undertake eligible environmental
                 activities on the Property are estimated to be $35 million dollars not including

                                         2
      interest. Eligible demolition and site preparation costs incurred by these same
      parties is estimated to exceed $13 million dollars. These efforts are aimed at
      facilitating the redevelopment of the Property as a transformational mixed-use
      project, including residential and various commercial uses (the “Project”).

 iv. The Project will include demolition activities, performance of baseline
     environmental assessment activities, due care and other environmental
     response activities, site preparation activities, demolition activities,
     construction of infrastructure improvements, Brownfield Plan Amendment
     and work plan preparation, contingency, interest and other Eligible Activities,
     all as described in the Brownfield Plan Amendment and eligible for
     reimbursement under Act 381.

  v. The cost of Eligible Activities may be incurred by the City and APQ, The total
     cost of the Eligible Activities in the Brownfield Plan Amendment, including
     contingencies, is estimated to be $35 million dollars (the “Total Eligible
     Brownfield TIF Costs”). To accommodate the lapse in time from when costs
     of Eligible Activities are incurred to when tax increment revenues become
     available for reimbursement of those costs, interest at the rate of 5% per annum
     is also included in the Brownfield Plan Amendment in the estimated total
     amount of $28 million dollars (collectively, the interest plus the costs of
     Eligible Activities are referred to as the “Total Eligible Brownfield TIF
     Costs”).

 vi. The Eligible Activities will facilitate redevelopment of the Property which will
     improve the environmental and aesthetic condition of the Property, increase
     employment within the City, increase tax base within the City, and otherwise
     enhance the economic vitality, environmental health and quality of life in the
     City.

vii. Act 381 permits the Authority to capture and use the school tax (where
     applicable), if permitted by the state, and local property tax revenues (both real
     and personal property) generated from the incremental increase in property
     value of a redeveloped brownfield site constituting an “eligible property”
     under Act 381 to pay or to reimburse the cost of Eligible Activities conducted
     on the “eligible property” (the “Brownfield TIF Revenue”).

viii. In accordance with Act 381, the parties desire to establish a procedure for using
      the available Brownfield TIF Revenue generated from the Property to
      reimburse APQ for completion of Eligible Activities on the Property in
      amounts not to exceed the Total Eligible Brownfield TIF Costs.

 ix. During the Term (defined below) of this Agreement, the Authority shall
     reimburse APQ for the cost of Eligible Activities conducted on the Property
     from the Brownfield TIF Revenue collected from the Property in accordance
     with the Brownfield Plan Amendment, unless modified by later addendums or
     amendments. The amount reimbursed to the APQ for the Eligible Activities
     shall not exceed the lesser of (a) the cost of Eligible Activities incurred by the
     Property Owner plus interest, or (b) the Total Eligible Brownfield TIF Costs
     plus interest. The Authority shall capture Brownfield TIF Revenue from the
     Property and reimburse APQ for the cost of Eligible Activities incurred until

                               3
     the earlier of being fully reimbursed or December 31, 2056 (“Term”). If the
     Term ends before the full reimbursement of all Total Eligible Brownfield TIF
     Costs, the last reimbursement payment by the Authority shall be the summer
     and winter tax increment collected during the final year of this Agreement.

 x. Reimbursement payments shall be made on a semi-annual basis as incremental
    local and school taxes are captured and available.

 xi. During the term of this Agreement, the Authority shall capture all approved
     and authorized Brownfield TIF Revenue from the Property and use those
     revenues as provided in this Agreement.

xii. Intentionally left blank.

xiii. Reimbursement Process.

         1. APQ shall periodically submit to the Authority a “Request for Cost
            Reimbursement” of Eligible Activities paid for by APQ during the
            term of this Agreement. All costs for the Eligible Activities must be
            consistent with the approved Brownfield Plan Amendment. APQ must
            include documentation sufficient for the Authority to determine
            whether the costs incurred were for Eligible Activities, including
            detailed construction draws or invoices and proof of payment or lien
            waivers. Copies of all invoices for Eligible Activities must note what
            Eligible Activities they support.

         2. Within forty-five (45) days after a Request for Cost Reimbursement
            has been reviewed and approved by the City’s or Authority’s agent or
            employee as required in Section 7.a and reviewed and approved by the
            Authority or designate as to whether it is an “eligible expense”, the
            Authority shall pay to APQ the amounts for which submissions have
            been made pursuant to this Agreement. The Authority’s obligation to
            pay APQ is limited to available Brownfield TIF Revenue from the
            Property.



         3. All requests for Cost reimbursement submitted by APQ for each
            approved Addendum between City, APQ, and the City of Muskegon
            Brownfield Redevelopment Authority and all requests for cost
            reimbursement submitted by future owners of all or a portion of the
            APQ Property pursuant to a separate Development and
            Reimbursement Agreement(s), shall be reimbursed in the order in
            which they are received by the City of Muskegon Brownfield
            Redevelopment Authority from the portion of the Brownfield TIF
            revenue, as described above.

         4. The Parties shall cooperate with the Authority’s review by providing
            information and documentation to supplement the Request for Cost
            Reimbursement which may be reasonably requested by the Authority
            during its review period.

                                 4
         5. All or any portion of any Request for Cost Reimbursement that is not
            paid within 45 days after receipt by the Authority shall accrue simple
            interest at the rate of five percent (5%) per annum from the date the
            Request for Cost Reimbursement is submitted to the Authority for
            payment until the earlier of the date of full reimbursement, including
            interest. The payment of interest shall be subject to the following
            limitations (i) to the extent there is not sufficient Brownfield TIF
            Revenue captured and collected in a fiscal year and permitted to be
            used to pay interest accruing in such fiscal year, any unpaid interest
            shall not be paid, but shall carry over to the next fiscal year, (ii) interest
            carried over to subsequent fiscal years shall not accrue interest (i.e.,
            no interest on interest), and (iii) interest on School Taxes captured
            shall only be payable to the extent permitted by the Michigan Strategic
            Fund (“MSF”) and/or the Michigan Department of Environment,
            Great Lakes and Energy (“MEGLE”).

         6. The Authority shall have no obligation to reimburse the City or any
            other entity for Eligible Costs or interest from Brownfield TIF
            Revenue captured after 35 years after the date of the adoption of the
            Development and Reimbursement Agreement.

xiv. Allocation of Base Value and Priority of Reimbursements.

         1. The initial taxable value of the Property as of the date of this
            Agreement is $903,810, as set forth in the Brownfield Plan
            Amendment (“Base Value”). If the Property is divided into two or
            more separate taxable parcels in connection with the development of
            the Project, the Base Value shall be allocated to each resulting parcel
            based upon the relative number of square feet of each parcel. The Base
            Value allocated to a separate undeveloped parcel in this manner shall
            be the base value of that parcel for purposes of calculating Brownfield
            TIF Revenue, regardless of when any Development and
            Reimbursement Agreement is entered into in connection with the
            redevelopment of that parcel. Brownfield TIF Revenue generated
            from any separate parcel divided from the Property after the date of
            this Agreement shall be available for reimbursement of the
            Authority’s Administrative Fee and payment of all requests for cost
            reimbursement submitted by owners of all or any portion of the
            Property.

         2. Notwithstanding any provision in this Agreement to the contrary, the
            Authority’s annual TIF Management Administrative Fee, as described
            in the Brownfield Plan Amendment, shall be paid to the Authority
            each year to the extent that Brownfield TIF Revenue has been captured
            and collected during that year, prior to the payment of any Request for
            Cost Reimbursement.

xv. Adjustments.


                              5
                      1. Until the cost of eligible activities is fully reimbursed, APQ agrees to
                         waive any appeal of any tax assessment or reassessment of any portion
                         of the Property; provided, however, that this waiver shall not be
                         binding on any person or entity who acquires title to all or any portion
                         of the Property after the date of this Agreement.

                      2. If, due to an appeal of any tax assessment or reassessment of any
                         portion of the Property, or for any other reason the Authority is
                         required to reimburse any Brownfield TIF Revenue previously paid to
                         APQ or any future owner to any tax levying unit of government, the
                         Authority may deduct the amount of any such reimbursement,
                         including interest and penalties, from any amounts due and owing
                         APQ. If all amounts due APQ under this Agreement have been fully
                         paid or the Authority is no longer obligated to make any further
                         payments to APQ, the Authority shall invoice APQ for the amount of
                         such reimbursement and APQ shall pay the Authority such invoiced
                         amount within 45 days of receipt of the invoice. Amounts invoiced
                         and paid to the Authority by APQ pursuant to this Section shall be
                         reinstated as Eligible Activities for which APQ shall have the
                         opportunity to be reimbursed in accordance with the terms, conditions
                         and limitations of this Agreement.

           xvi. Legislative Authorization.

                  This Agreement is governed by and subject to the restrictions set forth in Act
                  381. If there is legislation enacted in the future that alters or affects the amount
                  of Brownfield TIF Revenue subject to capture, eligible property, or Eligible
                  Activities, then the Property Owner’s rights and the Authority’s obligations
                  under this Agreement shall be modified accordingly as required by law, or by
                  agreement of the parties.

8.   Notices. All notices, approvals, consents and other communications required under this
     Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii)
     when sent by fax or email: (iii) when sent by a nationally-recognized receipted overnight
     delivery service with delivery fees prepaid; or (iv) when sent by united states first-class,
     registered, or certified mail, postage prepaid. The notice shall be effective immediately
     upon personal delivery or upon transmission of the fax or email; one day after depositing
     with a nationally recognized overnight delivery service; and five days after sending by first
     class, registered, or certified mail. Notices shall be sent to the parties as follows:


     To: City of Muskegon                                         To: APQ
     933 Terrace Street                                           1204 W. Western Ave.
     Muskegon, MI 49440                                           Muskegon, MI 49440
     Attn: City Manager                                           Attn: Ryan Leestma

     w/copy to:                                                   w/copy to:

     Parmenter Law                                                Jaffe, Raitt Heuer & Weiss, P.C.
     601 Terrace Street                                           27777 Franklin Rd. Suite 2500

                                           6
      Muskegon, Michigan 49440                                   Southfield, Michigan 48034
      Attn: City Attorney                                        Attn: Kenneth J. Clarkson

9.    Recording. This Agreement shall not be recorded; however, upon the request of either
      party hereto, the other party shall join in the execution of a memorandum or "short form"
      of this Agreement for the purposes of recordation.

10.   Force Majeure. Notwithstanding anything herein to the contrary, if due to a Force
      Majeure Event (defined below), APQ, Authority and/or City is prevented from timely
      performing under this Agreement or any third‐party providing services or required
      information in connection with this Agreement (e.g.: lender, appraiser, title company,
      surveyor, environmental consultants, governmental jurisdictions, etc.) closes its offices,
      suspends operations or otherwise prevents APQ and/or the City from timely performing
      under the Agreement as originally contemplated, then the applicable outstanding dates,
      deadlines or time periods herein, shall each be extended for the duration of the Force
      Majeure Event and shall resume on such date that APQ and the City, as applicable, are
      once again able to perform their obligations under this Agreement. To invoke the tolling
      of time periods as set forth herein for a Force Majeure Event, the applicable party must
      send written notice to the other party specifying the reason for invocation and the date on
      which the tolling of time begins and a subsequent notice shall be delivered to confirm the
      date the Force Majeure Event ended. The term "Force Majeure Event" as used herein shall
      mean the following: Act of God; strike, lockout, or other labor or industrial disturbance;
      war; blockade; public riot; fire; storm; flood; explosion; or other delay caused by
      unforeseeable circumstances beyond the reasonable control of APQ or the City as
      applicable, including widespread sickness (including sickness causing quarantine and other
      "stay at home" or "shelter in place" orders, and including, but not limited to, the
      Coronavirus                                   Disease                                2019.

11.   Severability. If any term, provision or condition contained in this Agreement shall, to any
      extent, be invalid or unenforceable, the remainder of this Agreement (or the application of
      such term, provision or condition to persons or circumstances other than those in respect
      of which it is invalid or unenforceable) shall not be affected thereby, and each term,
      provision or condition of this Agreement shall be valid and enforceable to the fullest extent
      permitted by law.

12.   Miscellaneous. This Agreement may be amended or modified only by the written
      agreement of APQ, Authority, and City. Each exhibit attached to this Agreement is
      incorporated and made a part of this Agreement as though more fully set forth in this
      Agreement. If the deadline for performing any act would otherwise fall on a weekend day
      or a holiday, such deadline shall automatically be extended to the next succeeding business
      day. This Agreement shall be interpreted under and governed by the laws of the State of
      Michigan. All representations and warranties made in this Agreement by APQ, Authority,
      and City shall survive the termination of this Agreement for a period of one year.

13.   Counterparts; Electronic Signatures. This Agreement may be executed in any number
      of counterparts, each of which shall be deemed to be an original, but all of which together
      shall be deemed to be one and the same instrument. Electronically imaged signatures may
      be used in place of original signatures on this Agreement. APQ, Authority and City intend
      to be bound by the signatures on the electronically imaged document, are aware that the

                                           7
      other party will rely on such signatures, and hereby waive any defenses to the enforcement
      of the terms of this Agreement based on the form of signature.

14.   Binding Effect. This Agreement shall be binding upon and enforceable by the parties and
      their respective legal representatives, successors, and assigns.

15.   Assignment or Delegation. No party shall assign or delegate all or any portion of its rights
      or obligations contained in this Agreement without the express or prior written approval of
      the other parties, in which approval may be withheld in each other party’s sole discretion.

16.   Estoppel. If requested by APQ, City will provide an estoppel certificate to such party as
      requested by APQ which certificate shall provide, if true, that the Development
      Agreement and the exhibits represent the entire agreement between APQ and City and
      that no defaults exist under the Development Agreement and no events have occurred
      that would, with notice or the expiration of a period of time, constitute a default.


                              [Signature Page Follows]




                                          8
AUTHORITY:


CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY,
a Michigan public body


BY________________________

Name:
Title: Chair
Date: ____________________, 2023


BY:     ________________________

Name:
Title: Secretary
Date: ____________________, 2023



CITY:


CITY OF MUSKEGON,
a municipal corporation


BY________________________

Name: Kenneth D. Johnson
Title: Mayor
Date: ____________________, 2023


BY:     ________________________

Name: Ann Meisch
Title: Clerk
Date: ____________________, 2023

APQ:

ADELAIDE POINTE QOZB, LLC,
A Michigan limited liability company


By
Name: Ryan M. Leestma
Title: Owner
            3-2-23
Date: ____________________, 2023

                                       9
                    Muskegon Downtown Development Authority
                                Agenda item A for 3-14-23
                   Acceptance of financial statement Feb. 28, 2023


Requesting party: City Economic Development
Outline of request: Staff is asking the DDA board to review and accept the financial statements
for the DDA and events for Feb. 28, 2023.
Background: There is no change in financial condition of the DDA since your Feb. 14, 2023
meeting. The second to last column on the right of the DDA financial statement now reflects
the updated FY 2022-23 budget and the increase in tax increment revenues as approved in
December. The events budget has about $100,000 in fund balance going into the 2023 event
season with Michigan Makers Market, Taste of Muskegon and the Lakeshore Art Festival.
Staff comments: The staff comments are the same as last month. The Feb. 28 DDA totals
includes a $25,207 streetscape expenditure for Christmas decorations and an approved $5,000
contribution GLOW the board approved in December. The $19,207 expenditure over budget
will be balanced by an under expenditure in marketing. The budget now also reflects your
$25,000 contribution to Parkland Development for environmental study of the Shaw-Walker
building before it was purchased and $34,750 for Pigeon Hill’s sidewalk and entry. The façade
grant program has committed $30,000 but yet to receive any request for payment.
Staff recommendation: To accept the Feb. 28, 2023 DDA and events financial statements.
Suggested motion: I move to accept the Feb. 28, 2023 DDA and events financial statements.
                   DDA FINANCIAL FOR 02/28/2023




                                                                                                 FY2022-23 BUDGET           FY TOTALS
Revenues                                     FY 2021-22 BUDGET       FY2021-22 ACTUAL                (updated)          FEBRUARY 28, 2023
Tax Increment                                 $      310,287.00    $         321,446.00      $           401,039.00   $                 -
Reimbursement - State                         $             -                                                         $                 -
Event Revenue*                                                                               $                   -    $                 -
Trans From Capital Projects Fund                                                             $                   -    $                 -
Interest Income                               $                -   $               543.74    $                   -    $             470.44
Fundraising Revenue
BID Income (or $50,000 levy)**               $        17,000.00    $            17,000.00    $            17,000.00   $               -
Sponsorship                                  $              -                                $                  -     $               -
Former Mall Brownfield Income (GF)           $              -                                $                  -     $               -
Total                                        $       327,287.00    $           338,989.74    $           418,039.00   $            470.44

Expenses                                          FY 2021-22           FY2021-22 ACTUAL             FY 2022-23             FY 2022-23
Business Dev. Manager Wages                  $              -      $             78,601.09                            $          52,132.47
Trans to GF - Marketing, Events, Overhead    $              -                                $                  -
FICA (7.65%)                                 $              -      $             5,862.50    $                  -     $           4,102.71
Workers Comp (2%)                            $              -      $               401.46    $                  -     $             277.71
Insurance                                    $              -      $             4,213.07    $                  -     $           1,212.00
Residency Bonus (4%)                         $              -      $                  -      $                  -
Life Insurance (0.24%)                       $              -      $               321.11    $                  -     $             224.69
401(k) (6%)                                  $              -      $             7,001.64    $                  -     $           4,919.59
Total Salaries/Benefits                      $        95,500.00    $            96,400.87    $            98,365.00   $          62,869.17
Walkability Improvements                     $              -                                $                  -
Streetscape/Wayfinding / Walkability         $        15,000.00    $            10,625.00    $            15,000.00   $          25,207.87
Public Art (Downtown Initiative)             $              -                                $                  -
Landscaping                                  $              -      $                   -     $                  -     $                -
Snow Removal                                 $              -
Façade Program                               $              -                                $            62,500.00   $                -
Downtown Park(s)****                         $         9,000.00    $             6,922.11    $             9,000.00   $           1,929.45
Marketing/Promotions                         $        32,000.00    $            23,136.50    $            25,000.00   $          10,582.58
Blight                                       $              -
Office Space and Misc Operating              $         9,000.00    $            13,019.21    $             9,000.00   $                -
Total Recurring Costs                        $        65,000.00    $            53,702.82    $           120,500.00   $          37,719.90
Watermark Assistance                                                                         $            25,000.00   $          25,000.00
Social Bowl                                                                                  $            34,750.00   $          34,750.00
Morris Street Lot                             $                -                             $                  -     $                -
Taste of Muskegon                             $                -                             $                  -
Lakeshore Art Festival                                                                       $                  -
Projects and Events                           $             -      $                  -      $            59,750.00   $          59,750.00
County Debt Payments ($1M)                    $             -      $                  -      $                  -
Mercy Health Arena HVAC/Roof*******           $      130,000.00    $           130,000.00    $           130,000.00   $                -
Other Debt Payments (smartzone)               $             -                                $                  -     $                -
Total Debt Payments                           $      130,000.00    $           130,000.00    $           130,000.00   $                -
Total Expenses                                $      290,500.00    $           280,103.69    $           408,615.00   $         160,339.07

Net Rev/Expenses                              $       36,787.00    $            58,886.05    $             9,424.00   $        (159,868.63)

Fund Balance at Beginning of Year                                  $            90,466.45                             $         149,352.50

Fund Balance at End of Year                                        $           149,352.50                             $         (10,516.13)




        \\muskdata\data\Planning\COMMON\DDA - BRA\DDA - BRA 2023 -- current year\031423 DDA-BRA Meeting\DDA FEBRUARY 2023
                EVENTS FINANCIAL FOR 02/28/2023




                                                                                                                                 FY TOTALS
Revenues                                            FY 2021-22 BUDGET     FY2021-22 ACTUAL           FY2022-23 BUDGET        FEBRUARY 28, 2023
Tax Increment                                       $             -     $                -         $                 -     $                 -
Reimbursement - State                               $             -                                $                 -     $                 -
Event Revenue*                                      $      161,750.00   $           208,579.11     $          262,886.00   $           16,069.35
Trans From Capital Projects Fund                                                                   $                 -     $                 -
Interest Income                                     $             -     $                  -       $                 -     $                 -
Fundraising Revenue**                               $        5,000.00   $            17,212.39     $            5,000.00   $            4,325.00
BID Income (or $50,000 levy)**                      $             -     $                  -       $                 -     $                 -
Sponsorship                                         $       87,000.00   $           412,973.13     $                 -     $           31,940.00
Former Mall Brownfield Income (GF)                  $             -                                $                 -     $                 -
Total                                               $      253,750.00   $           638,764.63     $          267,886.00   $           52,334.35

Expenses                                                FY 2021-22          FY2021-22 ACTUAL            FY 2022-23              FY 2022-23
Business Dev. Manager Wages                         $             -     $                   -      $                -      $                -
Trans to GF - Marketing, Events, Overhead           $             -     $                   -      $                -      $                -
FICA (7.65%)                                        $             -     $                   -      $                -      $                -
Workers Comp (2%)                                   $             -     $                   -      $                -      $                -
Insurance                                           $             -     $                   -      $                -      $                -
Residency Bonus (4%)                                $             -     $                   -      $                -      $                -
Life Insurance (0.24%)                              $             -     $                   -      $                -      $                -
401(k) (6%)                                         $             -     $                   -      $                -      $                -
Total Salaries/Benefits                             $             -     $                   -      $                -      $                -
Walkability Improvements                            $             -     $                   -      $                -      $                -
Streetscape/Wayfinding / Walkability                $             -     $                   -      $                -      $                -
Public Art (Downtown Initiative)                    $             -     $                   -      $                -      $                -
Landscaping                                         $             -     $                   -      $                -      $                -
Snow Removal                                        $             -     $                   -      $                -      $                -
Façade Program                                      $             -     $                   -      $                -      $                -
Financial Incentives                                $             -     $                   -      $                -      $                -
Downtown Park(s)****                                $             -     $                   -      $                -      $                -
Marketing/Promotions                                $             -     $                   -      $                -      $                -
Blight                                              $             -     $                   -      $                -      $                -
Office Space and Misc Operating                     $             -     $                   -      $                -      $                -
Total Recurring Costs                               $             -     $                   -      $                -      $                -
Miscellaneous Events(Cookie Crawl, Letters to San   $             -     $             11,463.59    $                -      $           4,301.60
Taste of Muskegon                                   $       65,375.00   $           338,866.41     $          96,300.00    $          15,491.66
Lakeshore Art Festival                              $      159,279.00   $           179,784.98     $         163,568.00    $          45,583.71
Projects and Events                                 $      224,654.00   $           530,114.98     $         259,868.00    $          65,376.97
County Debt Payments ($1M)                          $             -     $                   -      $                -
Mercy Health Arena HVAC/Roof*******                 $             -     $                   -      $                -
Other Debt Payments (smartzone)                     $             -                                $                -      $                -
Total Debt Payments                                 $             -     $                  -       $                -      $                -
Total Expenses                                      $      224,654.00   $           530,114.98     $         259,868.00    $          65,376.97

Net Rev/Expenses                                    $       29,096.00   $           108,649.65     $            8,018.00   $          (13,042.62)

Fund Balance at Beginning of Year                                       $             (4,382.80)                           $         104,266.85

Fund Balance at End of Year                                             $           104,266.85                             $          91,224.23




        \\muskdata\data\Planning\COMMON\DDA - BRA\DDA - BRA 2023 -- current year\031423 DDA-BRA Meeting\DDA FEBRUARY 2023
                     Muskegon Downtown Development Authority
                                 Agenda item B for 3-14-23
                    Approval of a DDA façade grant – The Early Owl


Requesting party: City Economic Development
Outline of request: After staff and DDA committee recommended approval, staff is asking for
approval of a façade grant for $15,000 for The Early Owl, 451 W. Western.
Background: The façade program has requests of more than $10,000 to be reviewed by staff,
DDA committee (which is Brad Hastings currently) and approved by the DDA board. The Early
Owl request is for an exterior lift at the back of the business for ADA accessibility to a rooftop
bar/deck. The $59,000 cost qualifies for a $15,000 maximum grant. The Early Owl is the latest
restaurant the Hissom family – owners of Dr. Rolf’s -- is doing in downtown Muskegon. The
building was recently the Core Real Estate offices and now will be a family restaurant with
breakfast through dinner and a bar.
Staff comments: The DDA has received strong interest in the façade grant program that has
$62.500 the current fiscal year budget. You have approved Carlisle’s and No Name Saloon at
$15.000 each and have $32,500 left in the program. If the Early Owl is approved, there would
be $17,500 left in the program that is authorized through June 30 of this fiscal year. No grantee
has request payment yet.
Staff recommendation: Development Services Division and Brad Hasting are recommending
approval of The Early Owl façade grant at $15,000. The Hissoms are current on all financial
obligations to the city.
Suggested motion: I move to approve a $15,000 façade grant for The Early Owl, require the
business to obtain all city approvals for the historic district, form-based code and building
permits, remain current on city financial obligations, directing staff to execute the grant award.
Applicant               Requested amount        Approved amount        Invoiced and paid
Carlisle's                             $15,000                $15,000                      0
No Name Saloon                         $15,000                $15,000                      0
Marat's Bakery                           $6,456                      0                     0
Drs. Gundersen/Zucker                  $11,000                       0                     0
The Early Owl                          $15,000                       0                     0

Totals                                  $62,456                $30,000                     0
                                                                     Sales Contract: Q230216005

                                                                     Quote Date              Attention
                                                                     02/16/2023          Geoffrey Hissom

Home Unbound, Inc.                                               Geoffrey Hissom
DBA 101 Mobility
465 Enterprise Court                                             Muskegon, MI 49440
Bloomfield Hills, MI 48302
Phone: (248) 952-9191
Fax: (248) 282-8749                                                                  Terms
                                                                          Quote Valid for 30 Days

Quote Notes
"Quote includes: sales, installation, permitting & state inspection of one Savaria V-1504 Vertical
Platform Lift Note: lift construction ( Pit, Concrete, and anchor system ) landline phone service,
electrical work (disconnects and wiring to the disconnects) is to be done by builder/contractor of
client’s choice. 101 Mobility will work with chosen builder/contractor to ensure project accuracy.
Warranty; 3 years on parts, 1 year on service.
Payment terms; 50% deposit, 40% due before or upon first day of installation, final 10% due within
3 business days after successful completion of State elevator inspection. "

                              DESCRIPTION                                      QTY    PRICE       TOTAL

Savaria - V-1504 PE - VPL Enclosure System (Plexiglass Inserts)                 1    $47,190.00 $47,190.00
-Fully enclosed lift; carries a wheelchair and passenger up to 4 stops over
14' of travel (code permitting)
-20 ft/min hydraulic drive system operated by constant pressure controls; no
machine room needed
-Configure enclosure with aluminum, acrylic or glass inserts; doors and
gates available with inserts; optional domed, ventilated roof; an array of
optional paint colors
-ADA-compliant or custom platform sizes; same-side, straight-through or
90º entry and exit
-For residential or commercial access; 750 lb capacity
-Ideal for outdoor applications
Includes
- Full plexiglass manufacturer enclosure system with dome and ventilation
fan.
- Type 2 Straight through application
- Standard Beige color
- Phone
- 13 Ft 10 in Rise
- Manual opening doors with closures.
- Triangle Angle Brackets for tower securement

Vertical Platform Lift Installation                                             1     $7,500.00   $7,500.00

Permit Fee                                                                      1     $1,500.00   $1,500.00
Includes State of MI Elevator Inspection

Sales Tax                                                                       1     $2,831.40   $2,831.40
*
 The sales tax of $2,831.40 may be waived with a physician's prescription,
tax exempt certificate or reseller.




                                           Page 1 of 2
 Sales Contract: Q230216005                                                       Quote Total: $59,021.40


                                                                                                Quote Total
                                                                                                $59,021.40
As a customer of Home Unbound Michigan, Inc. or "101 Mobility", we would like to provide you the following
overview of the terms and conditions for the purchase, installation or renting of our personal mobility equipment or
utilizing our maintenance and repair services.

Our personal mobility equipment can be purchased, rented or serviced by agreeing to the terms and conditions in
our "Master Service Agreement" ("MSA") and other specific agreements. Our equipment can be purchased and
installed by paying one half of the purchase price up front and one half upon delivery or installation of the
equipment. All payment terms for repair and maintenance services or the rental of equipment can be found in
those specific agreements.

All services are provided by experienced, licensed professionals and all of our equipment comes with limited
manufacturers warranties set forth in the MSA, however, 101 Mobility provides no additional warranties or
representations regarding the equipment. Customers can modify, change or amend their orders for the purchase,
installation, rental or use of our equipment by adhering to the requirements in the MSA.

101 Mobility adheres to and requires specific confidentiality and non-disclosure policies to protect everyone's
interests. 101 Mobility also reserves the right to use and publicize all "customer projects" and "customer
experiences" for marketing and advertising purposes, and the MSA and all other agreements with 101 Mobility may
be terminated for specific reasons laid out in those agreements.

101 Mobility's liability for any damages, losses or injuries to any customer or other person are limited to the
"contract value" of any project and the customer shall indemnify and hold 101 Mobility harmless from all damages
and losses resulting from the customers use, operation or transportation of all equipment. Lastly, all unresolved
disputes will be handled through local arbitration within one year of the date the dispute arose and all claims and
proceedings brought under the MSA and other agreements will be interpreted under Michigan law.




Signature:                                                        Date:




                                               Page 2 of 2
10

Figure 5 illustrates a sample outdoor enclosure application.

Figure 5: Sample Outdoor Enclosure Application


                                      0LEXIGLASDOMEANDVENTILATIONSYSTEMARE
                                      RECOMMENDEDFOROUTDOORAPPLICATIONS




                                                    ,ANDINGDOORNDLEVEL	




                                                       ,ANDING


                                                    !LUMINUMFRAME
       ,ANDINGDOOR
       GROUNDLEVEL	                               0LEXIGLASINSERTS




                                                       ,IFTATGROUNDLEVEL




V1504 Planning Guide                                                              Part No. 000690, 02-m08-2022
                                                       Suitable for virtually any
                                                       architectural requirements
                                                       including public spaces and
                                                       home use


                                                       Ideal for indoor or outdoor
                                                       applications from basic
                                                       installations to large-scale,
                                                       complex projects


                                                       Finish options including
                                                       frameless glass for the
                                                       ultimate in luxury for upscale
                                                       commercial applications




Savaria® V-1504 Vertical Platform Lift
              V E R S AT I L I T Y         F O R       A N Y       A P P L I C AT I O N


                     The Savaria V-1504 vertical platform lift is built to carry a wheelchair and
                      passenger safely up and down one or more levels.


                        Suitable for installations in public and commercial buildings, as well as
                         private homes, this Savaria lift features an extremely versatile design
                         that can be configured and customized to suit virtually any project
                          requirements and aesthetic needs. From the rugged outdoors, to
                           the most luxurious office tower lobbies, the Savaria V-1504 lift is
                           ready to serve with its reliable performance, ease of use and range
                           of finish options.
                                        1                        2                            3

SAVARIA® V-1504 VERTICAL PLATFORM LIFT


The Savaria V-1504 vertical platform lift is available in a
range of base models, all with options and configurations
for customization to your needs. Please consult your                                                                                              4
                                                                                                                                                  5

local skilled Savaria dealer for complete details and local
requirements for installation compliance.

STANDARD (V-1504 STD)
Ideal for basic commercial applications and home use, this lift can be used indoors and
outdoors to travel a standard 48" with 2 stops or optionally more distance and stops.
The standard unit can be custom enclosed on site by your local installer, or built inside a
hoistway.

Order the V-1504 in standard beige powder-coated finish, or choose an optional custom
color. Popular for use in schools, places of worship and other public spaces, the standard
model can be outfitted with a range of options to suit the installation need.




Every Savaria V-1504 model is driven by our reliable hydraulic                                    SMOOTH HYDRAULIC
                                                                                                  2:1 CHAIN DRIVE SYSTEM
system and can be configured specifically for your needs. The                                     The lift provides a high efficiency, reliable
                                                                                                  and comfortable ride.
lift travels up and down a rail system enclosed in the lift tower.
The tower is supported with attachment to an existing wall or                                     LARGE PLATFORM FOR
                                                                                                  EASY ACCESS
through a constructed hoistway. Because the drive system is                                       The standard platform is 36" by 54" (ADA
                                                                                                  compliant), and custom platform sizes
contained within the lift tower, no additional machine room is                                    are also available. The non-skid surface
required for installation.                                                                        provides added safety.
                                                 5


                                                                                                                                                           6



                                                     ALUMINUM/ACRYLIC MODEL (V-1504 ALPE)
                                                     This enclosed model uses aluminum and acrylic inserts and top dome with corrosion-
Installation notes:                                  resistant steel components, making it ideal for outdoor applications. Optionally, this model
1 Custom brown paint, gate with glass inserts
                                                     can be ordered with tempered* or laminated glass panels. The active ventilation system
   (photo courtesy of Transitions Mobility
   & Elevator)                                       keeps the inside comfortable and the gates and door can be motorized.
2 Hoistway application
3 Unenclosed outdoor                                LUXURY FRAMED (V-1504 LUX)
  (photo courtesy of Elevators of Texas)             Framed in 316 stainless steel finish No. 4, with tempered or laminated glass inserts, this
4 Tall enclosure with acrylic inserts               lift is a beautiful complement for lobby areas, offices and public buildings.
  (photo courtesy of Liftivator)
5 Enclosure with aluminum inserts
  (photo courtesy of Access Lifts & Service)         PRESTIGE FRAMELESS (V-1504 PRESTIGE)
6 Prestige frameless glass with custom              With half-inch structural tempered or tempered laminated glass and no visible frame, this
  red tower                                          lift is the ultimate statement for creating barrier-free access in commercial applications.



FLEXIBLE DESIGN                                      EMERGENCY BACK-UP                                access. Add an optional joystick, 60 mm
Configure up to 23' of travel distance*              SYSTEMS                                          buttons, or additional operating panel to
with up to four stops, with a full range of          In addition to a manual lowering system,         add even more flexibility for user needs.
entrance and exit configurations available.          the lift features a DC battery powered
                                                     lowering system for use in the event             MACHINE ROOMLESS
EXTENSIVE                                            of a power failure. Optionally, a battery        The Savaria V-1504 does not require
FINISH OPTIONS                                       back-up operating system can be added            a machine room to house the drive
Choose standard beige powder                         to allow full functionality of the lift for      component, simplifying the installation
coat, select from the optional color                 emergencies.                                     process. Alternatively, the drive system
finishes, or even request your own                                                                    can be located in a remote machine room
custom color. Enclose your lift with                 EASY OPERATION                                   for ultra-quiet operation.
acrylic or glass panels.                             On-board controls operate the lift easily        * consult your authorized Savaria dealer for
                                                     with constant pressure. Optional call/send         complete specifications applicable to your local
                                                     stations can be added with or without key          code requirements
            Savaria® V-1504 Vertical Platform Lift
                                                                                          V E R S AT I L I T Y                 F O R      A N Y       A P P L I C AT I O N

            OPTIONAL EQUIPMENT                                                       S P E C I F I C AT I O N S
            Platform gate, top landing gate,                                         Applications	                             Residential (indoor/outdoor), Commercial
            upper/lower landing door,                                                	                                         (indoor/outdoor), consult local dealer for details
            emergency light and alarm,                                               Capacity	                                 750 lb (340 kg)
            motorized door, frame-mounted,                                           Maximum travel distance	                  23' (7 m), 12' to 14' (3.65 to 4.26 m) in some jurisdictions
            wall-mounted, recessed or free-                                          Platform sizes	                           36" x 54" (914 mm x 1371 mm) ADA-compliant,
            standing call stations, public                                           	                                         (customize up to 17.5 sq.ft./1.63 sq. m)
            building package, outdoor                                                Nominal speed	                            20 ft/min (0.1 m/s)
            package, battery back-up system                                          Levels/stops	                             2 to 4 stops
            for up/down operation, fire-rated                                        Car access/configurations	                Enter/exit same side, 90 degree exit, straight
            doors, wooden door, automatic                                            	                                         through enter/exit
            swing door operator, doors with                                          Power supply	                             110 volt, 20 amp, single phase, 60 Hz
            glass or acrylic inserts, interlock,                                     Drive system	                             2:1 roller chain, hydraulic
            weather resistant lock, telephone,                                       Motor pump	                               3 hp, gear-type
            ADA-hands free phone, folding                                            Controller	                               Relay logic
            seat and more.                                                           Emergency operation	                      Battery-operated lowering with automatic recharging
                                                                                     	                                         system, plus remote access manual lowering valve
                                                                                     	                                         optional battery backup
                                                                                     Rail construction	                        8' modular guide rail assembly with roller guide shoes
                                                                                     Side guards	                              42 1/8" (1070 mm), 80" (2032 mm) optional
                                                                                     Finish	                                   Powder coated steel beige, optional and custom
                                                                                     	                                         colors available
                                                                                     Warranty	                                 36 months parts, ask for details

            For drawings, detailed
            specifications and a complete list
            of options for your Savaria V-1504
            vertical platform lift, consult your
            local authorized Savaria dealer.
            To locate a dealer near you, visit
            savaria.com, or call us.



            Talk to a Savaria dealer
            about how the V-1504
            vertical platform lift
            can give you the access
            you need.

            Authorized Savaria dealer:




                                                                                                                                                                     www.savaria.com
                                                                                                                                                 2 Walker Drive, Brampton, ON L6T 5E1 Canada
                                                                                                                                                         tel: 800.661.5112 fax: 905.791.2222




Savaria makes every effort to publish accurate information. Specifications and options are subject to change without notice.
© 2019 Savaria Corporation.

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