View the PDF version Google Docs PDF Viewer
WATCH
Agenda Item Review Form
us _ GO
Muskegon City Commission
Commission Meeting Date: 5/11/2021 Title: 425 Agreement Business Park North
Removal
Submitted By: Jake Eckholm Department: Economic Development
Brief Summary: The department has gotten signatures on the purchase agreement for 902 Pine in
exchange for disposition of the 425 Agreement at Business Park North. The attached resolution is
to that end, per Commission instruction by motion.
Detailed Summary:
The attached resolution removes the City of Muskegon from the 425 Shared Jurisdiction
Agreement between Muskegon County, Dalton Township, arid ourselves. The resolution is
contingent on the approval of similar documents from both other parties.
Amount Requested : 0 Amount Budgeted:
Fund(s) or Account(s) : N/A Fund(s) or Account(s) : NIA
Recommended Motion : A motion to approve the resolution as presented.
For City Clerk Use Only:
Commission Action :
CITY OF MUSKEGON
COUNTY OF MUSKEGON, MICHIGAN
At a regular meeting of the City of Muskegon City Commission, held on the 11th
day of May, 2021, at 5:30 p.m.
PRESENT: Johnson, Gawron, Hood, Ramsey, German, Rinsema-Sybenga, and Emory
ABSENT: None
The following preamble and resolution was offered by Commissioner Rinsema-
Sybenga and supported by Commissioner Emory.
RESOLUTION NO. 2021-44(L)
RESOLUTION TO TERMINATE THE CONTRACT FOR CONDITIONAL
TRANSFER OF JURISDICTION BETWEEN DALTON TOWNSHIP AND THE
CITY OF MUSKEGON AND DEVELOPMENT AGREEMENT BETWEEN THE
COUNTY OF MUSKEGON AND THE CITY OF MUSKEGON
WHEREAS, Dalton Township and the City of Muskegon entered into a Contract
for Conditional Transfer of Jurisdiction ("Contract") pursuant to Public Act 425 of 1985
on September 24, 2002;
WHEREAS, the County of Muskegon and the City of Muskegon entered into a
Development Agreement City of Muskegon Renaissance Zone ("Development
Agreement") as part of the Conditional Transfer of Jurisdiction referenced above in
October of2002; and
WHEREAS, the City of Muskegon hereby determines that the purpose of the
Economic Development Project upon which that Contract and Development Agreement
were based was not achieved, and will not in the future be achieved, by the Contract and
Development Agreement as a result of the expiration of the Renaissance Zone tax credit,
and that the Development Agreement and Contract have become an obstacle to
development of the transferred area; and
WHEREAS, Dalton Township, the County of Muskegon and the City of Muskegon
desire the termination of said Contract and the Development Agreement and the City of
Muskegon approves of the termination of the Contract and Development Agreement; and
WHEREAS, Dalton Township, the County of Muskegon and the City of Muskegon
desire the termination to take effect immediately upon the approval of all three parties; and
WHEREAS, Dalton Township and the City of Muskegon both desire the
transfened area to return to Dalton and its jurisdiction with no cost of infrastructure
installed or financed, and no liability for debt service or indebtedness being owed by
Dalton;
NOW, THEREFORE, BE IT RESOLVED, that the City of Muskegon City
Commission approves the termination of the Contract for Conditional Transfer of
Jurisdiction between Dalton Township and the City of Muskegon dated September 24,
2002 and the Development Agreement City of Muskegon Renaissance Zone between the
County of Muskegon and City of Muskegon executed in October of 2002; and
BE IT FURTHER RESOLVED that the City of Muskegon City Commission
approves the termination of the Contract and Development Agreement immediately upon
approval of all three parties with the transferred area returning to Dalton, with no cost of
infrastructure installed or financed, and no liability for debt service or indebtedness being
owed by the City of Muskegon; and
2
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized
and directed to sign an appropriate agreement with Dalton Township and the County of
Muskegon terminating the Contract and the Development Agreement on the terms
expressed in this Resolution.
AYES: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory, and
Johnson
NAYS: None
RESOLUTION DECLARED ADOPTED.
~"-,.__~~~~;_-------"''<~,>];-~
Ann Marie Meisch
City of Muskegon City Clerk
STATEOFMICHIGAN )
) ss.
COUNTY OF MUSKEGON )
I, the undersigned, the duly qualified Clerk of the City of Muskegon, Muskegon
County, Michigan (the "City") do hereby ce1tify that the foregoing is a true and complete
copy of a resolution adopted by the Township at a regular meeting held on May 11, 2021,
the original of which is on file in my office. Public notice of said meeting was given
pursuant to and in compliance with Act No. 267, Public Acts of Michigan, 1976, as
amended.
IN WITNESS WHEREOF, I have hereto affixed my official signature this 11th day
of May 2021.
Ann Marie Meisch, Clerk
City of Muskegon
3
AGREEMENT TO TERMINATE CONTRACT FOR
CONDITIONAL TRANSFER OF JURISDICTION
This Agreement is effective as of .. Tu )~ I , 2021 (the "Effective Date"), by and
among the Township of Dalton, of 1616 E. Riley Thompson Road, Muskegon, Michigan 49445,
the City of Muskegon, of 933 Terrace Street, Muskegon, Michigan 49440 and Muskegon
County, of990 Te.rmce Street, Muskegon, Michigan 4944-2. The parties agree as follows:
RECITALS
WHEREAS, the Township and the City are parties to a Contract for Conditional Transfer
of Jurisdiction dated September 24, 2002 (the "425 Agreement"); and
WHEREAS, the County owns land subject to the 425 Agreement; and
WHEREAS, on April 21, 2021, the Township's Board adopted a resolution to dissolve
the 425 Agreement; and
WHEREAS, on May 11, 2021, the City's Commission adopted a resolution to tei-minate
the 425 Agreement and a related Development Agreement with the City of Muskegon -
Renaissance Zone (the "Development Agreement"); and
WHEREAS, the County wishes to have the 425 Agreement and the Development
Agreement terminated.
NOW, THEREFORE, the parties agtee as follows:
PROVISIONS
1, The 425 Agreement is hemby terminated and dissolved effective as of the Effective Date.
2. The transfen·ed area (as described in tl1e 425 Agreement) is returned to the Township,
with no cost of infrastmcture installed or financed, and no liability for debt service or
indebtedness, being owed by the City or the Township.
3. The Development Agreement is hereby terminated effective as of the Effective Date.
4. This Agreement may be executed in counterparts, which taken together shall constitute
one agreement. An electronic or facsimile signature on this Agreement has the force and
effect of an original signature. This Agreement binds the parties and their successors and
assigns.
CITY OF MUSKEGON
TOWNSHIP OF DALTON COUNTY OF MUSKEGON
By: __~
~
---' -_
, ' - -,
- - - - - - - -- - - By: --i-
R ----'-------"--
~ s_. ·-
·~_'✓l_
Its: _ _ _
S-:,_1.-t+-f-•e_,-_lr_1_~_1'_ _ __ Its: _ G_m~RQ
....,__C-'-(JA '-'tfh:>n
'-'---'-1 --~ -'--'----
86083 :00009:5685908-1
2