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Muskegon City Commission
Commission Meeting Date: 8-11-2020 Title: Brownfield Development and
Reimbursement Agreement, Harbor West, LLC
Submitted By: Pete Wills Department: Economic Development
Brief Summary: Approval of the Development and Reimbursement Agreement (D&RA) for the Harbor West,
LLC (Hartshorn Village) brownfield plan amendment. The BRA will be meeting on August 11 to consider
approval of the Development and Reimbursement Agreement to the City Commission .
Detailed Summary: Brownfield Plan Amendment for Harbor West, LLC (Hartshorn Village) was approved by
the commission June 9, 2020. Harbor West, LLC has submitted a D&RA for the Brownfield Plan for
Hartshorn Village, a residential site condominium development on an initial 3.01 acres adjacent to Hartshorn
Marina. The BRA will reimburse developer for eligible costs for the initial 1O residential site condos and
adjacent marina improvements for the next 30 years from property tax increments. Per the terms of the Sale
and Development Agreement from August 15, 2018, the city will provide buyer up to $600,000 for eligible
costs. The city would receive the first $600,000 of tax capture, then Harbor West for its remaining eligible
costs and finally with the marina upgrade being covered last. The initial $5.597 million of eligible costs in
brownfield plan is a local-only property tax capture although the plan is eligible for $2,429 for eligible
environmental costs captured by state educational millage through EGLE . There is no need for state
approval. The plan includes state eligible environmental costs of $250,000, $19,500 for demolition, $626,000
for site preparation and $3.946 million for infrastructure improvements. A majority of the infrastructure costs
($3.502 million) are to upgrade the city's adjacent Hartshorn Marina and for a joint-use pool and clubhouse
for the condo owners and marina slip holders. The plan contemplates continued five-year capture of tax
increments for a local Brownfield Revolving Loan Fund if there is time left in the 30-year plan after eligible
costs are covered .
Amount Requested : N/A Amount Budgeted : N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Approval of the Harbor West, LLC Brownfield Development and Reimbursement
Agreement and authorize the city clerk and mayor to sign the same.
Check if the following Departments need to approve the item first:
Police Dept. D
Fire Dept. D
IT Dept. 0
For City Clerk Use Only:
Commission Action:
DEVELOPMENT AND REIMBURSEMENT AGREEMENT
This DEVELOPMENT AND REIMBURSEMENT AGREEMENT (the "Agreement")
is made on August 11, 2020, by and among the CITY OF MUSKEGON BROWNFIELD
REDEVELOPMENT AUTHORITY, a Michigan public body corporate whose address is
933 Terrace Street, Muskegon, Michigan 49443 (the "Authority"), the CITY OF
MUSKEGON, a public body corporate whose address is 933 Terrace Street, Muskegon,
Michigan 49443 (the "City"), and HARBOR WEST, LLC, a Michigan limited liability
company whose address is 108 South University, Suite 6, Mt. Pleasant, Michigan 48858
(the "Developer").
RECITALS
A Pursuant to P.A. 381 of 1996, as amended ("Act 381"), the Authority
approved and recommended a Brownfield Plan which was duly approved by the City (the
"Plan"). The Plan was amended on June 9, 2020 (the "Amendment," and, together with
the Plan, the "Brownfield Plan" - See Exhibit A) to identify a new residential site
condominium and marina redevelopment project proposed by Developer and the City.
B. The Brownfield Plan includes specific eligible activities associated with the
Developer's plan to develop approximately 3.01 acres of land located at 1000, 1010, and
1060 West Western Avenue in Muskegon, Michigan (collectively, the "Developer
Property").
C. The Brownfield Plan also includes specific eligible activities associated with
the City's plan to make improvements to the adjacent Hartshorn Marina located at 920
West Western Avenue in Muskegon, Michigan (the "Marina Property").
D. The Developer owns the Developer Property and the City owns the Marina
Property, which are included in the Brownfield Plan as an "eligible property" because it
was determined to be a "facility", as defined by Part 201 of the Natural Resources and
Environmental Protection Act ("Part 201 "), or adjacent and contiguous to an "eligible
property."
E. The Developer intends to conduct eligible activities on the Developer
Property in order to redevelop the site into an initial 1O site condominiums and adjacent
marina improvements (the "Project"), including department specific activities, demolition,
site preparation and infrastructure improvement activities, a 15% contingency and
brownfield plan/work plan preparation and development, as described in the Brownfield
Plan, with an estimated cost of $1,570,425 (the" Developer Eligible Activities"). As part
of the Project, the City also intends to conduct certain eligible infrastructure improvement
activities on the Marina Property, as described in the Brownfield Plan, with an estimated
cost of $4,027,300 (the "City Eligible Activities"). All of the Developer Eligible Activities
and the City Eligible Activities (together, the "Eligible Activities") are eligible for
reimbursement under Act 381. The total cost of the Eligible Activities, including
contingencies, are $5,597,725 (the "Total Eligible Brownfield TIF Costs").
F. Act 381 permits the Authority to capture and use local and certain school
property tax revenues generated from the incremental increase in property value of a
redeveloped brownfield site constituting an "eligible property" under Act 381 (the
"Brownfield TIF Revenue") to pay or to reimburse the payment of Eligible Activities
conducted on the "eligible property." The Brownfield TIF Revenue will be used to
reimburse the Developer for the Developer Eligible Activities and the City for the City
Eligible Activities incurred and approved for the Project.
G. In accordance with Act 381, the parties desire to establish the procedure for
using the available Brownfield TIF Revenue generated from the Property to reimburse the
Developer and the City for completion of Eligible Activities on the Property in an amount
not to exceed the Total Eligible Brownfield TIF Costs.
NOW, THERFORE, the parties agree as follows:
1. Reimbursement Source.
(a) During the Term (as defined below) of this Agreement, and except as set
forth in paragraph 2 below, the Authority shall reimburse the Developer and City for the
costs of their Eligible Activities conducted on the Developer Property and Marina Property
from the Brownfield TIF Revenue collected from the real and taxable personal property
taxes on the Developer Property and Marina Property. The amount reimbursed to the
Developer and City, respectively, for their Eligible Activities shall not exceed the Total
Eligible Brownfield TIF Costs, and reimbursements shall be made on approved costs
submitted and approved in connection with the Developer Eligible Activities and the City
Eligible Activities, as follows:
(i) the Authority shall first pay 100% of available Brownfield TIF Revenue to
the City to reimburse the cost of Developer Eligible Activities up to $600,000 for
costs submitted to the City for reimbursement by Developer per the terms of the
First Amended and Restated Real Estate Sale and Development Agreement dated
August 15, 2018; and
(ii) the Authority shall, following reimbursement to the City of the first
$600,000 described in 1(a)(i) above, pay 100% of available Brownfield TIF
Revenue to Developer to reimburse the cost of the remaining Developer Eligible
Activities submitted and approved for reimbursement by the Authority until
Developer is fully reimbursed; and
(iii) the Authority may then use Brownfield TIF Revenue to reimburse the
City for the City Eligible Activities.
(b) The Authority shall capture Brownfield TIF Revenue from the Property and
reimburse the Developer and City for their Eligible Activities until the earlier of the City
and Developer each being fully reimbursed or December 31, 2050. Unless otherwise
prepaid by the Authority, payments to the City and Developer shall be made on a semi-
annual basis as incremental local taxes are captured and available.
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2. Developer Reimbursement Process.
(a) The Developer shall submit to the Authority, not more frequently than on a
quarterly basis, a "Request for Cost Reimbursement" for Developer Eligible Activities paid
for by the Developer during the prior period. All costs for the Developer Eligible Activities
must be consistent with the approved Brownfield Plan. The Developer must include
documentation sufficient for the Authority to determine whether the costs incurred were
for Developer Eligible Activities, including detailed invoices and proof of payment. Copies
of all invoices for Developer Eligible Activities must note what Developer Eligible Activities
they support.
(b) Unless the Authority disputes whether such costs are for Developer Eligible
Activities within thirty (30) days after receiving a Request for Cost Reimbursement from
the Developer, the Authority shall pay the Developer the amounts for which submissions
have been made pursuant to paragraph 2(a) of this Agreement in accordance with the
priority set forth in paragraph 1 , from which the submission may be wholly or partially paid
from available Brownfield TIF Revenue from the Developer Property and Marina Property.
(i) The Developer shall cooperate with the Authority's review of its
Request for Cost Reimbursement by providing supplemental information and
documentation which may be reasonably requested by the Authority.
(ii) If the Authority determines that requested costs are ineligible for
reimbursement, the Authority shall notify the Developer in writing of its reasons for
such ineligibility within the Authority's thirty (30) day period of review. The
Developer shall then have thirty (30) days to provide supplemental information or
documents to the Authority demonstrating that the costs are for Developer Eligible
Activities and are eligible for reimbursement.
(c) If a partial payment is made to the Developer by the Authority because of
insufficient Brownfield TIF Revenue captured in the semi-annual period for which
reimbursement is sought, the Authority shall make additional payments toward the
remaining amount within thirty (30) days of its receipt of additional Brownfield TIF
Revenue from the Developer Property and Marina Property until all of the amounts for
which submissions have been made have been fully paid to the Developer, or by the end
of the Term (as defined below), whichever occurs first. The Authority is not required to
reimburse the Developer from any source other than Brownfield TIF Revenue.
(d) The Authority shall send all payments to the Developer by registered or
certified mail, addressed to the Developer at the address shown above, or by electronic
funds transfer directly to the Developer's bank account. The Developer may change its
address by providing written notice sent by registered or certified mail to the Authority.
3. City Reimbursement Process.
(a) The City shall submit to the Authority, not more frequently than on a
quarterly basis, a "Request for Cost Reimbursement" for City Eligible Activities paid for
by the City during the prior period. All costs for the City Eligible Activities must be
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consistent with the approved Brownfield Plan. The City must include documentation
sufficient for the Authority to determine whether the costs incurred were for City Eligible
Activities, including detailed invoices and proof of payment. Copies of all invoices for City
Eligible Activities must note what City Eligible Activities they support.
(b) Unless the Authority disputes whether such costs are for City Eligible
Activities within thirty (30) days after receiving a Request for Cost Reimbursement from
the City, the Authority shall pay the City the amounts for which submissions have been
made pursuant to paragraph 3(a) of this Agreement in accordance with the priority set
forth in paragraph 1, from which the submission may be wholly or partially paid from
available Brownfield TIF Revenue from the Developer Property and Marina Property.
(i) The City shall cooperate with the Authority's review of its Request for
Cost Reimbursement by providing supplemental information and documentation
which may be reasonably requested by the Authority.
(ii) If the Authority determines that requested costs are ineligible for
reimbursement, the Authority shall notify the City in writing of its reasons for such
ineligibility within the Authority's thirty (30) day period of review. The City shall
then have thirty (30) days to provide supplemental information or documents to the
Authority demonstrating that the costs are for City Eligible Activities and are eligible
for reimbursement.
(c) If a partial payment is made to the City by the Authority because of
insufficient Brownfield TIF Revenue captured in the semi-annual period for which
reimbursement is sought, the Authority shall make additional payments toward the
remaining amount within thirty (30) days of its receipt of additional Brownfield TIF
Revenue from the Developer Property and Marina Property until all of the amounts for
which submissions have been made have been fully paid to the City, or by the end of the
Term (as defined below), whichever occurs first. The Authority is not required to
reimburse the City from any source other than Brownfield TIF Revenue.
(d) The Authority shall send all payments to the City by registered or certified
mail, addressed to the City at the address shown above, or by electronic funds transfer
directly to the City's bank account. The City may change its address by providing written
notice sent by registered or certified mail to the Authority.
4. Term of Agreement.
The Authority's obligation to reimburse the City and Developer for the Total Eligible
Brownfield TIF Costs incurred by each party under this Agreement shall terminate the
earlier of the date when all reimbursements to the City and Developer required under this
Agreement have been made or December 31, 2050 (the "Term"). If the Brownfield TIF
Revenue ends before all of the Total Eligible Brownfield TIF Costs have been fully
reimbursed to the City and Developer, the last reimbursement payment by the Authority
shall be paid from the summer and winter tax increment revenue collected during the final
year of this Agreement.
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5. Adjustments.
If, due to an appeal of any tax assessment or reassessment of any portion of the
Developer Property and Marina Property, or for any other reason, the Authority is required
to reimburse any Brownfield TIF Revenue 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 to the Developer and City. If all amounts due
to the City and Developer under this Agreement have been fully paid or the Authority is
no longer obligated to make any further payments to the City or Developer, the Authority
shall invoice the Developer and City for the amount of such reimbursement and the
Developer and City shall pay the Authority such invoiced amount within thirty (30) days
of the receipt of the invoice. Amounts withheld by or invoiced and paid to the Authority
by the Developer and City pursuant to this paragraph shall be reinstated as Developer
Eligible Activities and City Eligible Activities, respectively, for which the Developer and
City shall have the opportunity to be reimbursed in accordance with the terms, conditions,
and limitations of this Agreement. Nothing in this Agreement shall limit the right of the
Developer to appeal any tax assessment.
6. 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
Developer's and City's rights and the Authority's obligations under this Agreement shall
be modified accordingly as required by law, or by agreement of the parties.
7. Notices.
All notices shall be given by registered or certified mail addressed to the parties at
their respective addresses as shown above. Any party may change the address by
written notice sent by registered or certified mail to the other party.
8. Assignment.
This Agreement and the rights and obligations under this Agreement shall not be
assigned or otherwise transferred by any party without the consent of the other party,
which shall not be unreasonably withheld, provided, however, the Developer and City
may assign their interest in this Agreement to an affiliate without the prior written consent
of the Authority if such affiliate acknowledges its obligations to the Authority under this
Agreement upon assignment in writing on or prior to the effective date of such
assignment, provided, further, that the Developer and City may each make a collateral
assignment of their share of the Brownfield TIF Revenue for project financing purposes.
As used in this paragraph, "affiliate" means any corporation, company, partnership,
limited liability company, trust, sole proprietorship or other entity or individual which (a) is
owned or controlled by the Developer or City, (b) owns or controls the Developer or City
or (c) is under common ownership or control with the Developer or City. This Agreement
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shall be binding upon and inure to the benefit of any successors or permitted assigns of
the parties.
9. Entire Agreement.
This Agreement supersedes all agreements previously made between the parties
relating to the subject matter. There are no other understandings or agreements between
the parties.
10. Non-Waiver.
No delay or failure by either party to exercise any right under this Agreement, and
no partial or single exercise of that right, constitutes a waiver of that or any other right,
unless otherwise expressly provided herein.
11. Governing Law.
This Agreement shall be construed in accordance with and governed by the laws
of the State of Michigan.
12. Counterparts.
This Agreement may be executed in two or more counterparts, each of which shall
be deemed an original but all of which together shall constitute one and the same
instrument.
[ Signature page follows]
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lhe parties have executed this Agreement on the date set forth above.
CITY OF MUSKEGON BROWNFIELD
REDEVELOPMENT AUTHORITY
19BS63S6-:!
Signature Page to Development and Reimbursement Agreement
RESOLUTION APPROVING THE BROWNFIELD
DEVELOPMENT AND REIMBURSEMENT AGREEMENT
Harbor West LLC (1000-1010-1060 West Western Ave)
Harbor West, LLC Development Project
County of Muskegon, Michigan
2020-August 11
2020-F(S0)
Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the "City"), held in the City Commission Chambers on the 11 th day of
August, 2020 at 5:30 p.m., prevailing Eastern Time.
PRESENT: Commissioners Emory, Johnson, Gawron, Hood, Ramsey, German, and Rinsema-
Sybenga
ABSENT: None
The following preamble and resolution were offered by Commissioner Johnson and
supported by Commissioner Rinsema-Sybenga.
WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996,
as amended ("Act 381"), the City of Muskegon Brownfield Redevelopment Authority (the
"Authority") has prepared and approved a Development and Reimbursement Agreement; and
WHEREAS, the Authority has forwarded the Development and Reimbursement
Agreement to the City Commission requesting its approval of the Development and
Reimbursement Agreement; and
NOW, THEREFORE, BE IT RESOLVED THAT:
1. That the Brownfield Plan constitutes a public purpose under Act 381.
2. That the Brownfield Plan meets all the requirements of Section 13( 1) of Act 381.
3. That the proposed method of financing the costs of the eligible activities, as identified
in the Brownfield Plan and defined in Act 381, is feasible and the Authority has the
authority to arrange the financing.
4. That the costs of the eligible activities proposed in the Brownfield Plan are
reasonable and necessary to carry out the purposes of Act 381 .
5. That the amount of captured taxable value estimated to result from the adoption of
the Brownfield Plan is reasonable.
6. That the Development and Reimbursement Agreement is approved and is effective
immediately.
7. That all resolutions or parts of resolutions in conflict herewith shall be and the same
are hereby rescinded .
Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute
all documents necessary or appropriate to implement the provisions of the Brownfield Plan .
A YES: Gawron, Hood, Ramsey, Rinsema-Sybenga, Johnson
NAYS: German
ABSENT: Emory (computer froze)
RESOLUTION DECLARED APPROVED.
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on August 11, 2020 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, as amended, and that the minutes of said meeting
were kept and will be or have been made available as required by said Act.
~ > : > . ~:-:¾~~\·~~~--
Ann Marie Meisch, City Clerk
EXHIBIT A
Copy of Brownfield Plan
8
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT
AUTHORITY
BROWNFIELD PLAN AMENDMENT
FOR THE HARBOR WEST, LLC
DEVELOPMENT PROJECT
May 7, 2020
Original Plan Approved by the Board of the City of Muskegon Brownfield Redevelopment
Authority on February 23, 1998, with subsequent amendments approved as outlined
below. This amendment approved on _ _ _ __
Original Plan Approved by the City Commission of the City of Muskegon on
April 14, 1998, with subsequent amendments approved as outlined below. This
amendment approved on _ _ _ __
City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT AUTHORITY
BROWNFIELD PLAN
I. INTRODUCTION
II. GENERAL PROVISIONS
A. Costs of the Brownfield Plan
B. Method for Financing Costs of Plan
C. Duration of the Brownfield Plan
D. DisplacemenURelocation of Individuals on
Eligible Properties
E. Local Site Remediation Revolving Fund
Ill. SITE SPECIFIC PROVISIONS
A. Kirksey/Anaconda Property (Approved 4/14/98)
B. Dilesco Corporation Property (Approved 8/11/98)
C. Beacon Recycling (Approved 7/11/00)
D. Verplank Dock Company (Approved 5/27/03)
E. Gillespie Development Property (Approved 8/12/03)
F. Loft Properties, LLC Property (Approved 8/12/03)
G. Parmenter O'Toole Property (Approved 8/12/03)
H. "The WaterMark" Project (Approved 5/25/04)
I. Northern Machine Tool (Approved 7/13/04)
J. Terrace Lots Office Building (Approved 7/13/04)
K. Art Works Apartments (Approved 7/27 /04)
L. Former Muskegon Mall (Approved 10/12/04)
M. Vida Nova at Edison Landing (Approved 10/24/06)
N. Western Ave. Properties LLC and Port City Development Services, LLC
(Approved 10/24/06)
0. Viridian Place at Edison Landing (Approved 10/24/06)
P. Hot Rod Harley (Approved 3//27/07)
Q. Sidock Building Project (Approved 6/12/07)
R. Heritage Square Town Homes (Approved 1/8/08)
S. Betten Auto Dealerships (Approved 5/13/08)
T. Parkland Muskegon Mixed Use Project (Approved 6/24/08)
U. Terrace Point Landing Redevelopment Project (Approved 5/14/13)
V. P&G Holdings NY, LLC (Approved 1/10/17)
W. Sweetwater Development/The Leonard (Approved 3/12/19)
X. 1208 Eighth/Core Development (Approved 10/8/19)
Y. Damfino Development, LLC (12/10/19)
Z. Harbor West, LLC Development Project (__)
5/7/2020
City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
I. INTRODUCTION
In order to promote the revitalization of commercial, industrial, and residential properties
within the boundaries of the City of Muskegon (the "City"), the City established the City
of Muskegon Brownfield Redevelopment Authority (the "Authority") pursuant to Act 381,
Public Acts of Michigan, as amended ("Act 381") and a resolution adopted by the
Muskegon City Commission on February 10, 1998. Terms defined in Act 381 and
applicable sections of the statute are noted in italics throughout this document.
This Brownfield Plan ("Plan") was originally intended to address the redevelopment of
eligible properties within the City that are impacted by the presence of hazardous
substances in concentrations that exceed Michigan's Part 201 Generic Cleanup Criteria
("facilities'; or that have been determined to be Functionally Obsolete or Blighted. By
facilitating redevelopment of underutilized eligible properties, the Plan is intended to
promote economic growth for the benefit of the residents of the City and all taxing units
located within and benefited by the Authority.
This Plan is intended to be a living document, which can be amended as necessary to
achieve the purposes of Act 381. It is specifically anticipated that properties will be
continually added to the Plan as new projects are identified. The Plan contains general
provisions applicable to the Plan, as well as property-specific information for each
project. The applicable Sections of Act 381 are noted throughout the Plan for reference
purposes.
This Brownfield Plan contains the information required by Section 13(2) of Act 381, as
amended. Additional information is available from the Muskegon City Manager or the
Director of Planning and Economic Development.
II. GENERAL PROVISIONS
A. Costs of the Brownfield Plan (Section 13(2)(a))
Any site-specific costs of implementing this Plan are described in the site-specific
section of the Plan. Site-specific sources of funding may include tax increment financing
revenue generated from new development on eligible brownfield properties, state and
federal grant or loan funds, and/or private parties. Where private parties finance the
costs of eligible activities under the Plan, tax increment revenues may be used to
reimburse the private parties. The initial costs related to preparation of the Brownfield
Plan were funded by the City's general fund. Subsequent amendments to the Plan may
be funded by the person requesting inclusion of a project in the Plan, and if eligible, may
be reimbursed through tax increment financing.
The Authority intends to pay for administrative costs and all of the things necessary or
convenient to achieve the objectives and purposes of the Authority with fees charged to
applicants to be included in the Plan, and any eligible tax increment revenues collected
pursuant to the Plan, in accordance with the provisions of Act 381, including, but not
limited to:
i) the cost of financial tracking and auditing the funds of the Authority,
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City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
ii) costs for amending and/or updating the Plan, including legal fees, and
iii) costs for Plan implementation
Tax increment revenues that may be generated and captured by this Plan are identified
in the site-specific sections of this Plan.
B. Method for Financing Costs of Plan and Bonded Indebtedness (Section
13(2)(d) and (e))
The City or Authority may incur some debt on a site-specific basis. Please refer to the
site-specific section of this Plan for details on any debt to be incurred by the City or
Authority. When a property proposed for inclusion in the Plan is in an area where tax
increment financing is a viable option, the Authority intends to enter into Development
and Reimbursement Agreements with the property owners/developers of properties
included in the Plan to reimburse them for the costs of eligible activities undertaken
pursuant to the Plan. Financing arrangements will be specified in the Development and
Reimbursement Agreement, and also identified in the Site Specific section of the Plan.
C. Duration of the Brownfield Plan (Section 13(2)(f))
The Plan, as it applies to a specific eligible property, shall be effective up to five (5)
years after the year in which the total amount of any tax increment revenue captured is
equal to the total costs of eligible activities attributable to the specific property, or thirty
(30) years from the date of first tax capture under the Plan as it relates to an individual
site, whichever is less. The total costs of eligible activities include the cost of principal
and interest on any note or obligation issued by the Authority to pay for the costs of
eligible activities, the reasonable costs of a Work Plan, the actual costs of the Michigan
Environmental Great Lakes & Energy or Michigan Strategic Fund's review of the Work
Plan and implementation of the eligible activities, as applicable.
D. Displacement/Relocation of Individuals on Eligible Properties
(Section 13(2)(i),(i)(k)(I)
At this time, eligible properties identified in the Plan do not contain residences, nor are
there any current plans or intentions by the City for identifying eligible properties that will
require the relocation of the residences. Therefore the provisions of Section 13(2)(H)
are not applicable at this time.
E. Local Site Remediation Revolving Fund (Section B; Section 13(5)(b))
Whenever the Plan includes a property for which taxes will be captured through Tax
Increment Financing (TIF) provided by Act 381, it is the Authority's intent to establish a
Local Brownfield Revolving Fund ("Fund"). The Fund will consist of tax increment
revenues that exceed the costs of eligible activities incurred on an eligible property, as
specified in Section 13(5) of Act 381. Section 13(5) authorizes the capture of TIF from
an eligible property for up to 5 years after the time that capture is required for the
purposes of reimbursing the costs of eligible activities identified in the Plan. It is the
intention of the Authority to continue to capture tax increment revenues for 5 years after
eligible activities are funded from those properties identified for tax capture in the Plan,
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City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
provided that the time frame allowed by Act 381 for tax capture is sufficient to
accommodate capture to capitalize a Fund. The amount of school operating taxes
captured for the Fund will be limited to the amount of school operating taxes captured for
eligible department specific activities under the Plan. It may also include funds
appropriated or otherwise made available from public or private sources.
The Fund may be used to reimburse the Authority, the City, and private parties for the
costs of eligible activities at eligible properties and other costs as permitted by Act 381.
It may also be used for eligible activities on an eligible property for which there is no
ability to capture tax increment revenues. The establishment of the Fund will provide
additional flexibility to the Authority in facilitating redevelopment of brownfield properties
by providing another source of financing for necessary eligible activities.
Ill. SITE SPECIFIC PROVISIONS
Z. Harbor West, LLC Development Project
Eligibility and Project Description (Sec.13(2)(h))
Project Description
Harbor West, LLC ("Harbor West") intends to develop approximately 3.01 acres of land
located at 1000, 1010 and 1060 West Western Avenue in Muskegon, Ml (the "Property")
into residential site condominiums (the "Project"). The Project will include the
construction of an initial ten (10) new market-rate site condominiums, associated site
improvements and marina improvements to the adjacent Hartshorn Marina located at
920 West Western Avenue ("Marina Property"). The Project will include department
specific activities, demolition, site preparation and infrastructure improvement activities
in order to prepare the Property and Marina Property for redevelopment. A proposed
site plan is included in Attachment Z-2.
It is anticipated that the Plan will be amended at a later date to include additional costs
for future phases of development. The estimated total capital investment to complete
Phase I of the Project is estimated to be approximately $5+ million.
The eligible properly included in this Plan consists of four parcels of property totaling
15.41 acres in the City of Muskegon, Michigan (see Attachment Z-3).
This eligible properly includes all existing real and all new taxable personal property.
Eligibility
The 1000 West Western property meets the definition of a "facility" as defined by Part
201 of Natural Resources and Environmental Protection Act (Act 451 of 1994) due to the
presence of select metals found in shallow soil intervals that are consistent with area-
wide contaminated historical fill. Total mercury, copper, arsenic, selenium, and silver
were detected in shallow soil throughout the area exceeding the groundwater surface
water interface protection criteria, while arsenic concentrations also exceeding the
residential drinking water and direct contact criterion. The 920, 1010 and 1060 West
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City of Muskegon Brownfield Plan Amendment
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Western parcels are adjacent and contiguous to the 1000 West Western property and
development of these parcels is expected to increase its taxable value. Therefore, the
parcels are considered "eligible property" under Act 381.
Eligible Activities, Financing, Cost of Plan (Sec. 13(2)(a), (b), (c), (g))
It is intended that the amended Plan shall provide for reimbursement of eligible activities
conducted on the Property and Marina Property, including department specific activities
(i.e. Phase I and II Environmental Site Assessment and Due Care), demolition, site
preparation, infrastructure improvements, brownfield plan/work plan preparation and
development, including all associated professional fees. TIF revenues generated from
the Project will first be used to reimburse the cost of eligible activities undertaken by the
developer and City of Muskegon, in accordance with a development and reimbursement
agreement to be executed by the parties. Following full reimbursement of the eligible
activities included in this Plan, TIF generated by the Property may be used for any other
purpose allowable under Act 381 and the Plan.
The following are eligible activities that may be reimbursed through TIF revenues:
1. Department Specific Activities: Activities necessary for the developer to
undertake its environmental due diligence, and any necessary costs related to
Due Care obligations, including preparation of a Due Care Plan and
implementation of Due Care Response Activities and Phase I, II and BEAs.
Vapor barriers and mitigation systems, demarcation markers, contaminated
soil excavation, transportation and disposal, environmental investigations and
oversight. Costs are estimated at $250,000.
2. Demolition: Demolition will include removal of existing pavement, curbs,
gutters and site improvements. Demolition is necessary in order to prepare
the project for the proposed development. Demolition activities costs are
estimated at $19,500.
3. Site Preparation: Site Preparation on the Property will include mobilization &
demobilization, erosion control activities, dewatering, temporary traffic &
construction signage, staking, clearing and grubbing, temporary facility,
temporary site control, utility relocation, cut and fill, soil compaction and sub-
base, mass grading/land balancing, unstable soil removal and backfill,
geotechnical engineering, special foundations, and retaining walls. Site
Preparation activities costs are estimated at $626,000.
4. Infrastructure Improvements: Infrastructure Improvements will include new
water main, sanitary and storm sewer systems, walkways, bike paths,
roadways, curb and gutter, gas and electric lines, public marina
improvements, including a pool and a clubhouse. Infrastructure Improvement
activities costs are estimated at $3,946,000.
5. Contingency: A 15% contingency is included to cover unexpected cost
overruns encountered during construction totaling $726,225.
4 51712020
City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
6. Brownfield/Work Plan Preparation and Development: Costs incurred to
prepare and develop this brownfield plan is estimated at $30,000.
An estimate of the captured taxable value and tax increment revenues, which includes
the impact on the taxing jurisdictions, is attached as Attachment Z-5.
Effective Date of Inclusion in Brownfield Plan
The Harbor West LLC Development Project was added to this Plan on ____ . It is
intended the duration of the Plan capture is the lesser of the full reimbursement of
eligible activities or 30 years with capture beginning in 2021.
17011359
5 5/7/2020
City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
ATTACHMENT Z-1
SITE MAP
HARBOR ,,WEST, LLC REDEVELOPMENT PROJECT
C:.l PWw. K1 a
WESTSHORE
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LOCATION
MAP
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7 5/7/2020
City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
ATTACHMENT Z-2
8 5/7/2020
City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
ATTACHMENT Z-3
LEGAL DESCRIPTION
Parcel 4:
THOSE PARTS OF BLOCKS 574 AND 575, REVISED PLAT (OF 1903) OF THE
CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF BLOCK
574 OF SAID REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON;
THENCE NORTH 88°43' WEST 270.42 FEET (lvf=NORTH 84°41 '53" WEST 270.27
FEET) TO A POINT ON THE NORTHERLY LINE OF WEST WESTERN AVENUE FOR
A POINT OF BEGINNING;
THENCE WESTERLY ALONG THE NORTHERLY LINE OF WEST WESTERN AVENUE
457.28 FEET (M=NORTH 80°29'18" WEST 457.02 FEET); THENCE NORTH 2°04'
WEST 492.92 FEET; THENCE SOUTH 47°05' EAST 236. 7 FEET; THENCE
CONTINUING SOUTH 47°04' EAST TO A POINT I 00 FEET NORTH OF AND NORTH
1°40' WEST OF THE POINT OF BEGINNING. TOGETHER WITH THE C & 0
RAILWAY COMPANY RIGHT OF 111AY RUNNING THROUGH THE ABOVE
DESCRIBED PARCEL, EXCEPT THAT PART WHICH WAS DEEDED TO THE CITY
OF MJJSKEGON AS RECORDED IN LIBER 2138, PAGES 751 AND 752.
Property Address: 1000 W. Western Avenue, Muskegon, Michigan
Tax Parcel No.: 61-24-205-574-0001-10
BIKE: PATH WE:ST DESCRIPTION:
THAT PART OF' BLOCK 574 Or THE REVISED PLAT OF 1903 OF THE: CITY OF MUSKEGON, DESCRIBED
AS: COMM£NCING AT TH£ SOUTHEAST CORNER 0~ SAID l3WCK 574; THENCE: NORTH 8B'IJ'5tf" W£ST
270.J.'3 FEET TO A POINT ON THE: NORTH RIGHT-OF-WAY LIN/: OF WESTERN AVENUF.; THF.NCE: NORTH
BJ'.55'00" Wf.ST ALONG SAID NORTH RIGHT-OF-WAY LINE: 456.97 Ft;U; 11-/£NCE NORTH 01'Jl'44"
W£5T 470.34 F££T ro THE POINT OF BEGINNING; THENCE NORTH 46'J2'44'' \VEST 257, II F££T;
THE:/'ICF: SOUTH 88'27'l6" \VEST 684.J9 fEITi TH(NCE: NORTN 01'Jl'44" WEST 16.00 FE£T; THENCF.:
NORTH 88'27'25" /:AST 091.04- Pt.ET; 1Hf:NC£ SOUTH 46'J2'44" EAST 247.70 rl:ET; THE'NCE soum
OJ•J1'44" £'AST 22,62 FEET TO THE': POINT OF SF.GINNING.
BJl1 '44"
Vl£ST 470.J4 FEIT TO IHr. POINT OF BEGINNING: TllfNCE: NORm 4-6'3?.'44M \Yl:ST 257.1 f ra:r;
THfNC( SOVn-i 88'27'1tlu Wl:'.Sr 6B,f,J9 FEET; THE.:NCE" NORm 01 'JI 'H-" WEST 15,0D FEE:T: TH£NCE
NORTH 88'27'26" GAST 6flf.O4 FE.IT: THENCE SOUTH 46'J2'44 • E'AST 247. 70 F'£ET; THENCE SOUTH
01'.3t'44" EAST 22.6:2 F'EE:t TO TH!: POINT OF BEGINNING.
GJKr PliTH E'4ST DESCR/f'T/ON (()ARCE!. 5):
TI-IAT PART Of HLOCI< 574 OF THE: REVISED PLAT OF l 903 OF' THE crrr
OF MUS/(EGON, MUSl(EGDN
COUNTY, I.IICHl(;AN, DESCRIBED AS COMMENCING AT 7HE: SOUTHEAST CORNl:R Of SAID BLOC!< 574-;
THENCE NORTH 88'1J'54" \VEST 270.JJ FE:tT TO A POINT ON 7HE NORTH RIGHT OF WAY LIN/.; OF
WESTERN AVENUEI; THENCE NORTH 01'09'J1" W£$T 100.00 Ft!:/; ?HENCE NORTH 46'31'44-" W£ST
118.61 F'£ET TO TH£ POINI' OF' BEGINNING: THENCE NORTH 61'45'12u W£Sf (i0.\1J FEIT; THENCE
NORm 46.Jt'44" \VE;ST 227.22 rEtT: THl:NCt'. NORTH 46'.32 44" WEST 220.80 rrrr: THENCt; NORTH
1
u1·J1'44" WEST 22.62 Ffff; TH£:NCE: soun1 4trJ2'4f" tAST 2J6.79 ff.CT: THENCE SOUTH 46'Jl'44"
£AST 28$.0 I FEE.I' TO THr. PO/Nr Or 81:GINNING.
Property Address: 1060 W. Western Avenue, Muskegon, Michigan
Parcel: #61-24-205-57 4-0001-05
Parcel 1:
All that part of Block 574 and 575 of the Revised Plat (of 1903) of the City of
Muskegon, lying Northerly and Easterly of the following described boundary lines:
(EXCEPT the right of way of the Chesapeake and Ohio Railway Co.)
Commence at an iron bolt (original) located at the Southeast corner of Block 574 of
the Revised Plat of the City of Muskegon, Muskegon County, Michigan; thence North
88°43 1 West 270.42 feet for a place of beginning; thence North 1°40 1 West 345.42
feet; thence North 84°6 1 West 290.81 feet; thence North 47°5 1 West 236.7 feet; thence
North 2°41 West 175.2 feet; thence South 87°55 1 West 866.7 feet to an iron stake;
thence North 37° West 730 feet; thence North 48° West to the thread of the stream in
Muskegon Lake, for the place of ending of said lines.
EXCEPT FROM PARCEL 1:
BIKE PATH WEST DESCRIPTION:
THAT PART OF BLOCK 574 OF THE REVISED PLAT OF 1903 OF
THE CITY OF MUSKEGON, DESCRIBED AS: COMMENCING AT THE
SOUTHEAST CORNER OF SAID BLOCK 574; THENCE NORTH
10 5/7/2020
City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
88'13'54" WEST 270.33 FEET TO A POINT ON THE NORTH RIGHT-
OF-WAY LINE OF WESTERN AVENUE; THENCE NORTH 83'55'00"
WEST ALONG SAID NORTH RIGHT-OF-WAY LINE 456.97 FEET;
THENCE NORTH 01'31'44" WEST 470.34 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 46'32'44" WEST 257.11 FEET·
THENCE SOUTH 88'27'16" WEST 684.39 FEET; THENCE NORTH
01'31'44" WEST 16.00 FEET; THENCE NORTH 88'27'26" EAST 691.04
FEET; THENCE SOUTH 46 132'44" EAST 247.70 FEET; THENCE
SOUTH 01 '3 l '44" EAST 22.62 FEET TO THE POINT OF BEGINNING.
BIKE PATH EAST DESCRIPTION:
THAT PART OF BLOCK 574 OF THE REVISED PLAT OF 1903 OF THE CITY OF
MUSKEGON, MUSKEGON COUNTY, MICHIGAN, DESCRIBED AS
COMMENCING AT THE SOUTHEAST CORNER OF SAID BLOCK 574; THENCE
NORTH 88113'54" WEST 270.33 FEET TO A POINT ON THE NORTH RIGHT OF
WAY LINE OF WESTERN AVENUE; THENCE NORTH 0l 109131 11 WEST 100.00
FEET; THENCE NORTH 46 131 144" WEST 118.61 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 61 145 112" WEST 60.93 FEET; THENCE NORTH
46 131 144" WEST 227.22 FEET;THENCE NORTH 46132144" WEST 220.80 FEET;
THENCE NORTH 01 131 144" WEST 22.62 FEET; THENCE SOUTH 46 132144" EAST
236.79 FEET; THENCE SOUTH 46 131 144" EAST 286.01 FEET TO THE POINT OF
BEGINNING.
Parcel 2:
Part of Blocks 574 and 575, as follows:
Commence at the Southeast corner of Block 574 of the Revised Plat (of 1903) of the
City of Muskegon, Muskegon County, Michigan; thence No1th 88°43 1West 270.42 feet
to the North line of West Western Avenue; thence Westerly along the North line of West
Western Avenue 457.28 feet; thence North 2°041 West 492.92 feet to the place of
beginning; thence North 2°04' West 175.2 feet; thence South 87°55 1 West 175.2 feet;
thence South 47°05' East 247.75 feet to the place of beginning.
ALSO: Commence at the Southeast corner of Block 574 of the Revised Plat ( of 1903) of
the City of Muskegon, Muskegon County, Michigan; thence N01th 88°43 1 West 270.42
feet to the North line of West Western Avenue; thence North 1°401West 100 feet for a
place of beginning; thence North 1°40 1 West 245.42 feet; thence No1th 84°61 West
290.81 feet; thence Southeasterly to the place of beginning.
Parcel 3:
Part of Block 573 of the Revised Plat ( of 1903) of the City of Muskegon, Muskegon
County, Michigan, described as: Commencing at the Southwest corner of said Block 573
for the point of beginning; thence North I 0 40' West along the West line of said Block,
347.0 feet; thence North 21 °40' West along the Westerly line of said Block, 241.0 feet;
thence North 29°28' West along the Westerly line of said Block, 187.50 feet; thence
South 35°37' East 258.20 feet; thence South 09°53 1East 504.80 feet to the Northerly line
of West Western Avenue; thence South 59°34' West along said Northerly line, 53.0 feet
to the point of beginning.
Property Address: 920 W. Western Avenue, Muskegon, Michigan
Tax Parcel No.: 61-24-205-574-0001-20
11 5/7/2020
City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
ATTACHMENT Z-4
SUMMARY OF ELIGIBLE ACTIVITIES
HARBOR WEST
Elioible Activities Costs
Department Specific Activities
$234,500
- Due Care
$15,500
- Phase I, II & BEA
EGLE Eligible Activities Total Cost $250,000
Demolition $19,500
Site Preparation
$15,000
- Mobilization & Demobilization
$7,000
- Silt Fence, Inlet Silt Sacks and
other Erosion Control Activities
$60,000
- Dewaterina
$6,000
- Temoorarv Traffic & Construction Sianaae
$5,000
- Stakina
$8,000
- Clearinq and Grubbinq
$3,000
- Temporary Facility
$17,000
- Utility Relocation
$35,000
- Cut&Fill
$20,000
- Land Balancina and Mass Gradina
$130,000
- Soil Comoaction and Sub-base
$30,000
- Geotechnical Enqineerinq
$250,000
- Special Foundations
$15,000
- Unstable Fill Removal and Backfill
$25,000
- Retaining Walls
Site Preoaration Sub-Total $626,000
Infrastructure Improvements
$118,000
- Water mains
$56,000
- Sanitarv Svstem
$62,000
- Storm Sewer
$8,000
- Walkways/Bike Paths
$105,000
- Roadwavs
$5,000
- Curb and Gutter
$90,000
- Gas and Electric Lines
$800,000
- Public Boat Launch Relocation - City
12 5/7/2020
City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
$1,302,000
- Marina Dock Systems - City
$1,400,000
- Pool and Clubhouse - City
Infrastructure Improvements Sub-Total $3,946,000
Total E/iqible Activities Total Cost $4,841,500
Contingency (15%) $726,225
Brownfield Plan Preparation and Development $30,000
TOTAL ELIGIBLE ACTIVITIES $5,597,725
13 5/7/2020
City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
ATTACHMENT 2-5
TAX CAPTURE ESTIMATES
HARBOR WEST
14 5/7/2020
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I"'•~•~-
Al.""""Mllbtl' RlenNNflvntNnpc
TV~,11,~baWlll onlotiA!n...i rww X Reimbursement S 69,293 S 70,538 S 71,803 S 73,086 S 74,388 S 75,710 S 77,052 S 78,414 S 79,797 $ 81,200 S 82,624 S 84,070 S 85,537 S 87,026
TotallocalOnlyRelmbur,ementBalance S 4,936,181 $4,865,643 54,793,840 54,720,754 $4,646,365 $4,570,655 54,493,603 $4,415,188 $4,335,392 $4,254,192 54,171,568 I $4,087,498 I 54,001,961 $3,914,935
[Toa!Annual!leveloperRelrn!,wsement I$ 69,2931 S ·1~:S3s S I 71,80; S I 73,086 [ s -7 4,3881 S 75,710 [ 5 77,os2 I$ 78,414 [ S 79,797 Sj S1,200 I$ 82,6241 $ 84,070 rs 85,537] $ 87,0261
LOCAL BROWNRELD REVOLVING FUN
LBRF Deposits • S $ s s s s s s - $ - s - $
State Tax Capture
Local Tax Capture
5
s
s
s
s
s
5
s
$
$
5
$
s
$
s
$
s
s
s
$ s
s - I$
. s -1 s
- s
-is
- s
Total LBRF C.p_ture
• Up to five years of c:apture for LBRF deposit
IFootnotes:
(1) Assumes taxable value inaeases base
inflation thereafter.
(2) Assumes Millage Rates remain c:onstar
April 2017
Tax Increment Financing Reimbursement Table
Harbor West
Muskegon, Michigan
May7,2020
I 2046 I
. s
2047 !
. s
:?048 I . 2049 I
. s
2050
. s
TOTAL I
TOtal State lncremenn l Revenue s s 20,201
State Brownfield Revolvinc Fund (S°" of SET: $ s $ $ . $ s (10,101]
St.ate TIR Available for Reimbursement $ $ . $ . $ . s . $ 10,101
Total LOC3l Incremental Revenue s 98,538 s 100,072 s 101,625 s 103,210 s 104,S14 S 2,429,254
BRA Administrative Fee s (10,000) $ (10,000) $ (10,000] $ (10,000] S (10,000) S (290,654)
Local TlR Available for Reimbursement $ 88,538 $ 90,072 $ 91,629 $ 93,210 s 94,814 $2,138,600
fr~ 1 ~ ~ !,"9'fl1RA~ $ ~$ !!D.on $, ~gg ~ ~ ~$, ~~4 s~4!1-'!l0l
DEVELOPER
DEVEl.OPER R~mbursement Balon~ S 3,826,397 I S 3,736,325 I S 3,644,696 I S 3,551,486 I S 3,456,671 S 3,456,671 I
.,_ _____
--------------------------------------------
Non-Environmental Costs s s . s s - Is I
State Tax Reimbursement IS IS . IS . IS . IS s
Local Tax Reimbursement s . s . s . s s $ .
Total Reimbursement Balance IS - IS - IS -IS -IS I
~nvlronmenta l r;Qns s s . s • s ·IS I
State Tax Reimbursement s s s . s . IS s 2,454
Local Tax Reimbursement s s . s . s . IS s 15,371
Total Reimbursement Balance s s s s · IS . I
local Onl!i! Costs I S 3,914,935 S 3,826,397 S 3,736,325 I S 3,644,696 I S 3,551,486 I
Local Tax Reimbursement IS 88,538 s
90,072 $ 91,629 93,210 IS s
94,814 S 2,123,229
Total loc31Only Re;mbursement Balance I S 3,826,397 S 3,736,325 S 3,644,696 S 3,551,486 I S 3,456,671 I
~ ot;,IAnftual -operReim~ Is ss:sas Is 90,012 Is 91, 6291 s 93,;10 Is 94,814 S 2,141,054·1
LOCAL BROWNAELO REVOLVING FUN
LBRF Deposits • s . s s . s . s s 2,454
State Tax Capture s . s . s . s ·IS . s 2,454 I
Lo~I Tax Qipture s . s s . s -IS s ·I
Total LBRF Capture I I
• Up to five years of capture for LBRF deposit
1~
(1) Assumes taxable value inaeases bas,o
inflation thereafter.
(2) Assumes Minag,o Rates remain constar
AprIT 2017
City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
ATTACHMENT Z-6
FACILITY CONFIRMATION
15 5/7/2020
'
env1ro
environmental consulting :
BASELINE ENVIRONMENTAL ASSESSMENT
CONDUCTED PURSUANT TO SECTION 20126(1)(C} OF 1994 PA 451, PART 201,
AMENDED, AND THE RULES PROMULGATED THEREUNDER
FOR
VACANT PROPERTY
1000 W. WESTERN AVENUE
MUSl(EGON, MICHIGAN 49441
OCTOBER 31, 2018
Prepared for:
Harbor West, LLC
108 South University Ave
Suite 6
Mt. Pleasant, Michigan 48858
Prepared by:
ENVIROLOGIC TECHNOLOGIES, INC,
2960 Interstate Parkway
Kalamazoo, Michigan 49048
(269) 342-1100
DE~ . -
__.,_ . .
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIATION AND
~l:b!:VELOPMENi DIVISION, PO BOX 30426, LANSING, MICHIGAN 48909-7926,
FOR PEQ USE ONLY
O!Y. SUl31,lffl/\L II
Phono 617-373-9837, Fax 517-373-2637 ·
Baseline Environmental Assessment Submittal Form
TI1is (oim Is for submHlal of a 1Jase/i111t E11v/1011me,ll8/ Assessn1<111l (BtfA), as defined by P81l 201, l!nvltvnn11:11lu/ f/.ellledlutlon and Pail 213, Le~l Tanlcs. ortha Na/Uro/ Ri>sourccs and Envilonmonlal Pto!cclion Ac/, 1M4 PA 451, us amondad, fer llro purpose of establishing
on cxcmpJion lo liabllily pursuant lo Sect/on 2/J 120(1/(c) and Sec/ton 21323a(1)(b) for a l)IJl'I Oll'Mr or operator of properly that Is a facility as defined
by Seel/on 20101/1//s) C/r Propa,t,j as dOf/ned by Seel/on 21303/d), Tl/a BEA report mu.;t be c6n(}ucte ,;,wneror
operator whlclt&ver IB earliest, A separate BEA Is required for e®h legal entity that Is Of \\'ill b& o new owner or operetor of the prope(ly. To mafnlaln
/he P.~1;!mpfi()l1 lo li/l~lkiY, //~ owner ond oper~tor must a./$<> cnvlrolonlc-
LEGEND
@GCOMt:DC,lll'U:I.OGA'TIO'I
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,: ~
E
·::7 VACANT PROPERTY
1000WEST'WESTERN AVE.
MUSKEGON. Ml 494,L 1
!! l
SITE PLAN w/ SAMPLE
!f;:.. LOCATIONS
ll I . l
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.
1 AND ANALYTICAL DATA
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-l envirologic
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6
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MUSKEGON COUNTY
'? JlPZ ~~,aa..,_ ___ ~ ~ - - - - - - - - - - - - - . . , _ _ , . . _ _ _ _ _ _ -------·------- MUSKEGON , tAICHIGAN
~ee: t.lU:SK?:OONWCST,M!Cr1~1AG:S1'~MINl.1Tt1'~C~iu.,,s
VAPTE04c U.S. TERR.U,I Sii:RIES"' cw.P'Tlior.>. INC. ~ ; o c
-4r
~ VACANT PROPERTY
1701 75
~
1000 WEST WESTE~N AVE.
envirologic MUSKEGON. Ml 40""'1
~="};1!~~ttino
'H:t:XOl~•ll KIIIJtlr. ...,:,.,:r,.,,N,
+ services LOCATION MAP 1
E. Property Location
The subject property is located at 1000 W. Western Avenue in the City of Muskegon.
F. Spatial Data
Table 1: Spatial Data
City/Village/ Quarter-
County Town Range Section Quarter Latitude Longitude
Township Quarter
City of
Muskegon 10N 17W 25 SE SE 43.229411 -86.266330
Muskegon
Latitude and Longitude Information was obtained from Interpolation of aerial photography.
8
r;-crivlroloolc
3. FACILITY STATUS
A. Analytical Table
Table 2: Summary of "Facility" Contaminants
Sample
Maximum
Hazardous Substance CAS Number Location . Media Affected
Concentration
and Depth
Arsenic 7440382 8,300 µg/kg GP-5@ 6" Soll
Copper 7440508 110,000 µg/kg GP-5@ 6" Soil
Mercury (total) Varies 170 µg/kg GP-7@ 6" Soll
Selenium 7782492 880 µg/kg GP-8 @3' Soll
Silver 7440224 980 µg/kg GP-7@ 6" Soil
B. Laboratory Analytical Data Sheets and Chain of Custody
The laboratory analytical data sheets are included in the November 7, 2017, Phase II ESA
completed by Envirologic, which is included in Appendix A of this Baseline Environmental
Assessment (BEA}.
9
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4. IDENTIFICATION OF THE AUTHOR OF THE BEA
The following individuals have conducted this Baseline Environmental Assessment.
We declare that, to the best of our professional knowledge and belief, we meet the definition of
Environmental Professional as defined in §312.10 of this part. We have the specific qualifications
based on education, training, and experience to assess a property of the nature, history and
setting of the subject property. We have developed and performed all appropriate inquiries in
conformance with the standards and practices set forth in 40 CFR 312.
David A. Stegink
Associate Vice President-Senior Environmental Scientist
David A. Stegink graduated from Hope College with a Bachelor of Science degree in
Chemistry/Biology and has over 30 years of environmental related experience. Mr. Stegink has
been a Project Manager for Envirologic since 1991. Between 1984 and 1991, Mr. Stegink served as
a Chemist and Operations Manager for a commercial hazardous waste treatment facility. Mr.
Stegink's expertise Includes transactional environmental liability, property assessments including
Phase I and II ESAs, Baseline Environmental Assessments, Brownfield Redevelopment, hazardous
waste management, underground storage tanks, stormwater management, and environmental
policy and regulations.
,1 .-..,
i{.-·:-~-
,~,•·,.?:1 _,. __ (~ >
_,.7
Zach Curry
Project Scientist
Zach Curry worked under the supervision of Mr. Stegink Mr. Curry holds an Assoclate's Degree In
Applied Arts and Science from Muskegon Community College and a Bachelor of Geology from Grand
Valley State University. He has conducted original research and field studies in a variety of settings
from glaciated Precambrian bedrock in Minnesota to sedimentary beds in Kentucky. Mr. Curry Is
proficient with ArcGIS software to map and analyze geologic features.
Envirologic Technologies, Inc.
2960 Interstate Parkway
Kalamazoo, Michigan 49048
{269) 342-1100
10
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