AGENDA – CITY COUNCIL MEETING - Jackson, MI

IF YOU WISH TO ADDRESS THE CITY COUNCIL, PLEASE COMPLETE FORM LOCATED ON DESK AT ENTRANCE AND PASS TO MAYOR.

AGENDA – CITY COUNCIL MEETING

August 11, 2015 6:30 p.m.

1. CALL TO ORDER.

2. PLEDGE OF ALLEGIANCE – Invocation by Kimberly Jaquish, 2nd Ward City Councilmember.

3. ROLL CALL. 4. ADOPTION OF AGENDA. 5. CITIZEN COMMENTS (3-Minute Limit). 6. PRESENTATIONS/PROCLAMATIONS.

7. PETITIONS & COMMUNICATION (Accept & Place on File).

A. DEQ Correspondence:

Accept and place on file the Department of Environmental Quality Jackson District Office correspondence regarding FEMA Community Assistant Visit (CAV) follow-up.

B. Board of Review Minutes, July 21, 2015: Accept and place on file the Board of Review Meeting Minutes for July 21, 2015.

C. HRC Minutes for June 17, 2015: Accept and place on file the Human Relations Commission meeting minutes for June 17, 2015.

D. Jackson Housing Commission Meeting Minutes for March 18, April 15, May 20, June 17, 2015, and the Annual Meeting Minutes of May 20, 2015: Accept and place on file the Jackson Housing Commission meeting minutes for March 18, April 15, May 20, June 17, 2015, and the annual meeting minutes of May 20, 2015.

E. Public Arts Commission Meeting Minutes for June 23, 2015: Accept and place on file the Public Arts Commission meeting minutes for June 23, 2015.

8. CONSENT CALENDAR. A. Minutes of the Regular Meeting on July 14, 2015:

Approve the minutes of the regular City Council meeting of July 14, 2015.

B. DDA Resignation Receipt with regret the resignation of Richard Sneary from the Downtown Development Authority effective June 26, 2015.

C. DDA Appointment: Approve the Mayor’s recommendation to appoint Allan Hooper to the Downtown Development Authority filling a current vacancy beginning immediately, and ending March 29, 2016.

D. Civil Service Commission Reappointment: Approve the Mayor’s recommendation to reappoint Sheila Patterson to the Civil Service Commission for a three year term, beginning September 1, 2015, and ending August 31, 2018.

E. Jackson District Library Reappointment: Approve the Mayor’s recommendation to reappoint Beverley McGill to the Jackson District Library Board for a four year term beginning August 24, 2015, and ending August 23, 2019.

F. Jackson Walk to Cure Diabetes: Approve the request from Juvenile Diabetes Research Foundation to conduct their annual Jackson Walk to Cure Diabetes on September 12, 2015, at 8:00 a.m., at Ella Sharp Park. (Contingent upon receipt of proper insurance coverage.)

G. MIA/POW Vigil: Approve the request from the Vietnam Veterans of America Chapter 109 to conduct their annual MIA/POW Vigil on September 18, 2015, starting at 3:00 p.m., and ending on September 19, 2015, at 3:00 p.m., at the Withington Veterans Park. (Contingent upon receipt of proper insurance coverage.)

H. Oktober Fest: Approve the request from the YMCA to conduct their annual Oktober Fest on September 25, 2015, from 5:00 p.m. to 11:00 p.m., and September 26, 2015, from 2:00 p.m. to 8:00 p.m. on W. Wesley between S. Jackson St., and Mechanic St. (Contingent upon receipt of proper insurance coverage.)

I. Public Rosary: Approve the request from the Queen of the Miraculous Medal Church to conduct their annual Public Rosary at the Riverwalk Amphitheater on

October 18, 2015, from 2:00 p.m. to 3:00 p.m., in the Bucky Harris Park. (Contingent upon receipt of proper insurance coverage.)

J. 11th Annual Jackson Walk to Cure Lupus: Approve the request from the Michigan Lupus Foundation to conduct their 11th annual Jackson Walk to Cure Lupus on August 29, 2015, from 12:00 p.m. to 3:00 p.m., at Ella Sharp Park. (Contingent upon receipt of proper insurance coverage.)

K. CDBG and HOME Financial Statements through June 30, 2015: Receive the Community Development Block Grant (CDBG) and HOME Financial Summaries through June 30, 2015.

L. Establishment of a Public Hearing of Necessity for Street Rehabilitation on Wisner Street from Argyle Street to Boardman Street: Establishment of September 8, 2015, at the City Council meeting, as the time and place to hold a public hearing of necessity for street rehabilitation on Wisner Street from Argyle Street to Boardman Road.

M. Revocable License for 536 N. Jackson Street: Approval of two (2) revocable licenses to be issued to The United Way of Jackson County for the installation of signage at the intersection of W. Michigan Avenue and in front of 823 N. Francis Street, and authorization for the Mayor and City Clerk to execute the appropriate document(s).

9. PUBLIC HEARINGS. Recess as City Council and convene as a Board of Review. A. Special Assessment Roll No. 4257, Meterless Parking Public hearing on Special Assessment Roll No. 4257 for Meterless Parking 2015-2016.

1. Consider a resolution confirming Roll No. 4257.

Adjourn as a Board of Review and reconvene as City Council.

B. Street Vacation – Bagley Street Public hearing on a request from Petitioner, Chris Crisenbery, to vacate 148.5 feet of Bagley Street.

1. Consider a resolution approving the street vacation. (City Planning Commission recommends approval.)

*C. Item moved to 12A.

10. OTHER BUSINESS.

11. NEW BUSINESS.

*A. MML Annual Convention – Voting Delegate (Revised): Recommendation: Nominate and elect Vice Mayor Derek Dobies as the voting delegate, and Mayor Jason Smith, as the alternate voting delegate to represent the City at the Annual Michigan Municipal League Convention to be held in Traverse City, from September 16 -18, 2015.

B. Ordinance – AHB Judgment Enforcement (First Reading): Recommendation: Consider an ordinance amending Chapter 2.5, Article 2, Section 2.5-26, City Code, to provide for the enforcement of an Administrative Hearings Bureau Judgment in the same manner as are liens for delinquent taxes under the general property tax act.

C. Ordinance – Variance of Housing Code (First Reading): Recommendation: Consider an ordinance amending Chapter 14, Article 2, Section 14-51, City Code, to allow a property owner to seek a variance of the housing code within ninety (90) days after a notice of violation is issued.

D. Resolution – Prohibiting Sales of Properties Acquired for the Hardest Hit Blight Elimination Program: Recommendation: Approve a resolution prohibiting sales of properties acquired for the Hardest Hit Blight Elimination Program.

E. Resolution – Support of Repeal of the Michigan Fireworks Safety Act of 2011: Recommendation: Approve a resolution in support of the Repeal of the Michigan Fireworks Safety Act of 2011.

F. Resolution – Amend the HOME Grant Budgets for Fiscal Years 2013/2014, and 2014/2015: Recommendation: Approve the resolution to amend the HOME grant budgets to allocate unbudgeted program income in fiscal year 2014/2015 (Year 40) in the amount of $1,830.00 to fiscal year 2013/2014 (Year 39) for the use in the City Acquisition/Development/Resale activity.

G. Neighborhood & Economic Operations Housing Rehabilitation Policy and Procedure Manual: Recommendation: Approve the modification to the Neighborhood & Economic Operations Housing Rehabilitation Policy and Procedure Manual to meet Uniform Administration Requirement 2 CFR 200.318-326 reflecting proper procurement solicitation to Minority Business Enterprises (MBE) and Women Business Enterprises (WBE).

H. Purchasing Guidelines Manual: Recommendation: Approve the modification to the Purchasing Guidelines Manual to meet Uniform Administration Requirement 2 CFR 200.318-326 reflecting proper procurement solicitation to Minority Business Enterprises (MBE) and Women Business Enterprises (WBE).

I. Sanitary Sewer North Extension Route Study Amendment 1: Recommendation: Approve Amendment 1 to the contract for the Sanitary Sewer North Extension Route Study to Hubbell, Roth & Clark, Inc., Bloomfield Hills, for $519,797.48, and authorization for the City Manager and City Engineer to execute the appropriate document.

J. Miramed Properties, LLC, Debt Forgiveness and Mortgage Discharge: Recommendation: Approve a resolution authorizing the City Manager to cancel the Promissory Note and forgive the debt owed pursuant to a Promissory Note given by Miramed Properties, LLC, to the City of Jackson dated October 19, 2005; authorizing the City Manager to cancel a Guaranty of the Promissory Note Debt executed by Anesthesia Business Consultants, LLC, and authorizing the City Manager to execute a Discharge of Future Advance Purchase Money Mortgage.

K. 1906 S. Milwaukee Street Addendum to Lease with Jackson Community Ambulance, Inc.: Recommendation: Approve an Addendum to Lease for 1906 S. Milwaukee Street to Jackson Community Ambulance, Inc., authorize the Mayor and Clerk to execute the Addendum to Lease, and authorize the City Attorney to make modifications if needed.

L. Request to Purchase Police Vehicles: Recommendation: Authorization to purchase three 2016 Ford Police Interceptor utility vehicles through the State of Michigan MiDeal Contract in the amount of $78,975.00.

M. Purchase of Nine (9) Vacant Lots from the Jackson County Land Bank Authority: Recommendation: Authorize the City Manager to acquire nine (9) vacant lots from the Jackson County Land Bank Authority for $2,700.00.

N. Revocable License – Jackson Northwest Kiwanis Club: Recommendation: Move approval to authorize the City Engineer to assess a revocable license with the Jackson Northwest Kiwanis Club and recommend changes in order to remove some of the aged trees and help in completing the intent of the project.

O. Three (3) Demolition Contracts for H4HH Properties: Recommendation: Award three (3) demolition contracts under the Help for Hardest Hit Blight Program as follows: Smalley Construction $20,290.00 Dunigan Brothers $378,950.00 Salenbien Trucking & Excavating $126,293.00 and authorize the City Manager to approve any and all change orders required to complete the demolitions.

12. PUBLIC HEARINGS (Continued): A. Rezone 1310 Losey:

Public hearing on a request to rezone 1310 Losey Street from R-1 (One-Family Residential) to I-2 (General Industrial). 1. Approve an ordinance amending Chapter 28, Section 28-32, City

Code to rezone 1310 Losey Street from R-1 to I-2. (City Planning Commission recommends approval.)

13. CITY COUNCILMEMBERS’ COMMENTS. 14. MANAGER’S COMMENTS. 15. ADJOURNMENT.

*Agenda Item Revised

STATE OF MICH IGAN . ~~u • ' 0 .

DEPARTMENT OF ENVIRONMENTAL QUALITY

J ACKSON DISTRICT OFFICE

RICK SNYDER GOVERNOR

Mr. Patrick Burtch, City Manager City of Jackson 161 West Mich ... Avenue Jackson, Michig;;. 1201

Dear Mr. Burtch:

July 6, 2015

SUBJECT: FEMA Community Assistant Visit (GAV) follow-up, City of Jackson, Michigan

DAN WYANT DIRECTOR

I would like to thank you, Mr. Jonathan Green, Mr. Frank Donovan, Mr. Jon Dowling, and Mr. Chris Atkin for meeting with Ms. Kelly DeGuia from FEMA Region V and myself at the City Hall on May 13, 2015. This meeting was held in order to discuss floodplain management and your community's performance in administering the National Flood Insurance Program (NFIP). Overall it was found that the City is in compliance with administering the NFIP, although there are a number of disparities between the field and the current FEMA mapped floodplains/floodways and the Flood Insurance Study for the Grand River.

In the past 20 years, the Grand River floodway has gone through a number of modifications such as removal of stream enclosures (caps), changes to multiple bridge crossings, removal of a railroad crossing, and several floodway developments. Records and notes to files indicate the floodway along High Street is not accurately depicted. It is strongly encouraged that the City invests in a new Hydrologic and Hydraulic study and submits to FEMA as a Letter of Map Revision (LOMR) to update the maps and study. This will ensure that the City can develop in particular areas and provide a truer understanding of where and what the flood risk is.

As discussed, the Flood Insurance Rate Map (FIRM) should be checked by the City, and if necessary, a State floodplain permit obtained prior to issuance of a local building permit. Typically, a permit is required under the State's Floodplain Regulatory Authority found in Part 31 , Water Resources Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended for filling, grading, or occupation within the 100-year floodplain. We talked about the FIRM and floodway areas and the relationship to the State's floodplain permitting program. We talked about the FEMA procedures regarding Letter of Map Amendment (LOMA) and Letter of Map Revision based on Fill (LOMR-F). We also discussed the Flood Insurance Study which accompanies the FIRM's.

In our meeting, we discussed development near the floodplain areas and the importance of requiring and keeping elevation surveys. Please ensure that an Elevation Certificates (EC) is submitted to the City when there is construction in a floodplain. The

301 EAST LOUIS GLICK HIGHWAY• JACKSON, MIC HIGAN 49201-1556 www.michigan.gov/deq • (517) 780-7690

Mr. Patrick Burtch City of Jackson 2 July 6, 2015

link to download an EC is http://www.fema.gov/national-flood-insuranceprogram/national-flood-insurance-program-forms. Under the Michigan Building Code, elevation information will need to be collected prior to vertical wall construction as well as for final construction in a floodplain . Enclosed is a review sheet that may be helpful along with the EC instructions to better understand how to review an EC.

The Michigan Residential Building Code and the Michigan Building Code which went into effect on August 1, 2001 , amended 2003, 2006, 2009, and 2012 requires that within a 100-year floodplain, buildings and structures shall have the lowest floor, including basement, elevated at least one foot above the design flood elevation. Also, any electrical equipment, heating, ventilating, air conditioning, plumbing connections and other service equipment shall be elevated at or above the design flood elevation. In addition, electrical wiring and outlets, switches, junction boxes and panels shall be elevated to or above the design flood elevation unless they conform to the provisions of the electrical part of this code for location of such items in wet locations. Duct systems shall not be installed below the design flood elevation.

We had the opportunity to go over the Community Acknowledgement Form in the LOMR-F application and FEMA's Technical Bulletin 10-01. By signing the Community Acknowledgement Form, a community certifies the structure is Reasonably Safe from Flooding as explained in Technical Bulletin 10-01 , Ensuring That Structures Built on Fill In or Near Special Flood Hazard Areas are Reasonably Safe From Flooding (http://www.fema.gov/library/viewRecord.do?id=1723). Reasonably Safe from Flooding can be achieved through one of two methods: the Simplified Approach or the Engineered Basement Option. Documentation of how the structure meets TB10-01 must be maintained by the community, as it can be requested by FEMA.

The Michigan Building Code allows for dry floodproofing of non-residential structures to one foot above the 100-year flood elevation. If this technique is pursued then a Floodproofing Certificate would be collected : https://www.fema.gov/medialibrary/assets/documents/2748. Note that insurance rates would be higher for this type of construction due to higher risk of damage. FEMA's Technical Bulletin 3-93 also discusses Non-Residential. Floodproofing techniques. FEMA's Technical Bulletins can be found at: https://www.fema.gov/floodplain-management/nfip-technical-bulletins.

We also had the opportunity to discuss substantial improvements/damage and the requirements to elevate existing structures above the 100-year floodp lain (one foot above BFE) if the value of any repair, reconstruction, addition , or any improvement of the structure equals or exceeds 50 percent of the market value. Please refer to the FEMA Substantial Improvement/Substantial Damage Desk Reference (FEMA P-758) found at http://www.fema.gov/media-library-data/20130726-1734-25045-2915/p _758_complete_r3.pdf. However, note that a new lateral addition would need to be elevated one foot above the 100-year flood elevation in accordance with the Michigan Building Codes whether substantial improvement, or not, so one may need to step up from an existing structure into the addition.

Mr. Patrick Burtch City of Jackson 3 July 6, 2015

After review of the City's floodplain areas and files , only site 1215/1311 Lewis Street appears to be a potential non-compliant structure of the minimum NFIP requirements and locally enforced building code. Please provide a copy of an Elevation Certificate, or additional information to validate compliance with the site, or a plan to bring the site into compliance to this office within 45 days of this letter.

Lastly, there were a few administrative changes we talked about improving upon, including:

• Using your GIS software to distinguish between floodway and floodplain areas, • Adding flood map information (panel number with suffix, map panel date, flood

zone, floodway status) to the permits, • Listing a summary of construction requirements on the issued permits, and • Documenting no-rise in the floodway. A No-Rise Certification example and

guidance are found in NFIP Floodplain Management Requirements: A Study Guide and Desk Reference for Local Officials (FEMA 480) Unit 5, Section D, pages 5-21 through 5-26 (http://www.fema.gov/media-library-data/20130726-1535-20490-4864/unit5.pdf).

Thank you again for taking the time to meet with us and we appreciate your cooperation in working toward compliance. Please keep me informed of 1215/1311 Lewis Street, and of your plan to potentially update the FEMA flood maps and study of the Grand River within 45 days of this letter. If you have any questions about this letter, or regarding the NFIP or the State's Floodplain Regulatory Program; please do not hesitate to contact me at the number listed below.

Enclosure

Sincerely,

~~ -tfi-

Donna Cervelli , P.E. District Floodplain Engineer 517-243-6951

cc: Ms. Kelly DeGuia, Mitigation Division, FEMA Region V, (via e-mail) Mr. Jonathan Green, Assistant City Manager, City of Jackson, (via e-mail) Mr. Frank Donovan , Building Official , City of Jackson (via e-mail) Mr. Jon Dowling , City Engineer, City of Jackson (via e-mail) Mr. Christopher Atkin, Planning & Zoning Administrator, City of Jackson (via e-mail) Mr. Les Thomas, DEQ, WRD, (via e-mail)

U.S. DEPARTMENT OF HOMEL.\ND SECURITY ~ederal Emergency Management Agency

National Flood Insurance Program CRS EC "Gig" List

OMB No. 1660-0008 Expires March 31 , 2012

SECTION A - PROPERTY INFORMATION For lnsucance C1>mpany use · A1 . Building Owners Name PoltC'/ Number

·--·-···· ··------····-·. -- --- · ---··· A2. Building Street Address (including Apt Unit. Suite, anC11or Bldg. No.) or P O Route and Box No Company l'.AlC Number

- - ···----- .. ··-······" -··-·. ... ·-·- -·· -·----·----··-- ·- -City State ZIP Code [Either A2 OR A3 must be completed. In either case, ~ cft¥. srare. ano Zl.0 cocre mi:sl r;e ;;s:ea;

A3. Property Descrfptfon (lot and Block Nuriit>ers. Ta)( Paiceiii{umber. Legal Descriptiorie!cT ----·- - -

A4. Building Use (e g , Residential. Non-Residential. Addition . Accessory etc ·, __ A5. Latitude/longitude. Lat __ Long. __ Horizontal Datum 0 NAD 1927 0 NAO ·993 A6. Attaeh at least 2 photographs of the building 1f the Certificate 1s being used to oota1n fiood insurance A7 Building Diagram Number __ AB. For a bullcfing \>Mh :i ornwlsP'!Ce or oncl.ooure(s): [Didgrams 6 - 9) A9 Foi a l:lurkling With an attached garage:

a} Square footage of crawlspace or enclosure(s) sq ft a) Square footage of attached garage sq ft b) No. of permanent 11ood openings in the crawlspace or b) No. of permanent flood openings In the attached garage

enclosure{s) within 1.0 foot above adjacent grade wittiin 1.0 foot above adjacent grade c} Total net area of flood openings in A8.b sq in c). Total n!tl are.;i of flood openings In A9 b __ sq in d) Engineered flood ~nrogs? D Yes 0 No d) Engineered flood openings? 0 Yes 0 No

SECTION B · FLOOD INSURANCE RATE MAP (FIRM) INFORMATION

i e~p~' • luni&-d~tiJWi:iiftlmrii I 92 Counfy. Name 83 State

S4:--MaJl'/Pati6('Ni:il'iiber 85. SUMit 56. FIRM Index 87; f'IRM'f'cm~ BS ~O'QQ Date ~¢ti'.~~ E),ate zone(&)

81 d'. 'indicate the source of ttieBase FtOOcfEte-~~n' {BFE) data o'"i-'bcise flood depth. entered in Item B9. 0 FIS Profile 0 FIRM D Community Determined 0 Other iDescnbe __

B11. Indicate elevation datum used for BFE in Item B9: D NGVD 1929 D NAVD 1988 D on1er (Describe __

812 Is the bUifding located in a Coastal Barner Resources Sy.stem (CBRS ) area Of Otherwise Protected A.rea {0PAJ? D Yes 0 No Designation Date __ 0 CBRS 0 OPA

SECTION C - BUILDING ELEVATION INFORMATION (SURVEY REQUIRED)

C1 Building elevations are based on D Construction Ora·•.~ngs· 0 Build:ng U1\der Con&truction ' 0 Finished Construction

C2.

·A new Elevation Certificate will be required when construction oi :he bwldrng 1s complete Elevations -Zones A1-A30. AE, AH, A (wtth BFE), VE . V1-V30, V (with BFE1 AR. ARi A ARIAE, ARIA 1-A30. ARIAH below according to the building diagram specified In Item A7 Use the same datum as ll1e BFE.

AR1AO Complete Items C2.a-h

B!!nci1mark UtlliZed __ Vertical Datum __

Conver$lon/Commenls __ {Include conversion tormuJs If datum ~by suiveyor is differenr from 81f1

a)

b)

c) d)

e.}

g~

h)

Top or bottom floor (including basement, crawlspace, or enclosure floor J ___ _ Top of the next higher floor ___ _

Bottom of the lowest honzontal struchiral member N Zones only) --·--

Attached garage (top of stab l --·--Lowest etevatton of"maCl'lliiecy or equipment sel'\liclng the building --·--(Descnbe type of equipment and location in Comments)

Lowest adjacent (finished} grade next to building (l;AG}

Highest adjacent (finished) grade next to~ (HAGl

Lowest adjacent grade at lowest elevation of deck or stairs. including ___ _ structural support { h. is only needed for LOMAs and LOMR-FsT

Check the measurernem used

0 feet

0 feet

O ree!

O teet

O reet

O feet

0 feet

0 feet

0 meters (Puerto Rico only)

O meters (Puerto R!co only)

0 meters !Puerto Rico only)

O meters {Puerto Rico only)

O meters 1Puerto Rico only)

O meters (Puerto Rico only)



SECTION 0 - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification 1s to be signed and sealed by a land surveyor eng neer or arc11:;ect auU\ori:ed b:t la·' io cert1t~ elevatio,1 mformatlon. I ce11ify rhat the rnformatron on mis Certrficate represents my oe-sr effo;ts to mremrei the data avai1ab1e I understand that any false statement may be punishable by fine or 1mp11sorn>enr under 1 au S Code Sec!•or 100 I 0

Check here 1f comments are provided on bacK of form Were at>Llde aP:i long1tude in Sec1101i A provided by a

licensed land surveyor? 0 Yes 0 No

--~·-··--------·---------

Title Company Name

Address City ZIP Code

Telephone

FEMA Form 81-31 , Mar 09 See reverse side for continuation. Replaces all previous editions

IMPORTANT: In these spaces, copy the corresponding information from Section A. For Insurance ::o:npany Use:

Builcling Street .Address 11nclud ng Apt L1n:t su~1e and or Bid9 No) or = 0 Route and E:;. No ;::oh:, Number

---- -~---···- - --- ---- - ·-City State ZIP Code C~'Tlpan> NAIG Ncimber

SECTION D - SURVEYOR, ENG INEER, OR ARCHITECT CERTIFICATION (CONTINUED)

Copy both sides of this Elevation Certrt1cate for (1) community official. (2) insurance agenticompany and !3) bUtld1ng owner

Commen~ ·----- -------------

Signature D Check here if attachments

SECTION E ·BUILDING ELEVATION INFORMATION (SURVEY NOT REQUIRED) FOR ZONE AO AND ZONE A (WlTKOUT BFE)

For Zone:i AO and A (without ElfE). complete Items E1-E5 If llsl'! Cl'!slmcate is Jntenoea to support a LOMA or LUMt<-1- request, complete Sections A 8 and C For Items E1·E4, use nattJral grade. 1f available Check the measurement .isea In °uerto Rico only enter meters.

E1 Provide elevation information for the following and check the appropriate boxes to show .,;hether tl\e elevation 1s above or below the highest adjacent grade (HAG) and the lowest ad1ac:ent grade (LAG)

a) Top of botto1n floor [including basement. cra•.vlspace or enclosure1 is __ __ D fee! 0 meters 0 above or D belo·.., the HAG b) Top of bonom floor ("including basement cra•,.,•lspace or enclosure11s __ __ 0 fee< 0 meters D above or 0 below the LAG.

E2 For Building Diagrams 6-9 with permanent flood openmgs prov;ded in Section A Items 8 and:or 9 , see page!> S-9 of Instructions). the nex: higher floor (elevation C2.b 1n the d•agrams) of the building '5 __ __ D tee! 0 meters D above or O below the HAG

E3. Attachedgarage(topofslab)1s _ ___ Oteet O meters O abo;eo' O beio· .. v theHAG E4. Top of platform of machinery and/or equipment servicing t11e building 1s --·-- D feet D meters 0 above or 0 below the HAG

E5 Zone AO only: If no ftood depth number is available. 1s the top of the bottom floor elevated 1n a~ordance with the community's floodplain management

ordinance? 0 Yes D No 0 Unknown. The local official must certify this information 1n Section G.

SECTION F ·PROPERTY OWNER (OR OWNER'S REPRESENTATIVE} CERTIFICATION

The property owner or owner's authorized representative who completes Sections A. B. and E tor Zone A (Without a FEMA-fssued or community-issued BFEl or Zone AO must sign here. The statements in Sections A. 8 . and E are correct to the oest of my knowledge. Property avmer:s or.-°'1ln.er'$ AuthoriZed Re_pt&Seniattv.e'A-N.itne - ----·----- ·- ----- -----·-·-··----

[Compete Section F If no BFE Md SeCIJOl'l. E lu userfL__ ·------ ---- ---Address City State ZIP Code

Date

Comments

0 Che<:k here if attachmen;s-

SECTION G ·COMMUNITY INFORMATION (OPTIONAL}

The local official who 1s authorized by law or ordinance to administer tne com111un1t·, ·s floodpla1r Manageme•·: O'a;ra1'Ce can complete Sections A B C (or E) and G of this Elevation Certificate . Con1plete ;he applicable 1tem1 S J ana sign oe10 ·,.. Check l he 111easuremert useo :n liems G8 and G9

G1 . D The 1nrormat1on 111 Section C '"as taken from other documentation thar 11as bee•1 signed and sealed by a licensed surveyor engineer, or architect who Is authorized by law to c:ert1fy elevation information [Indicate the SOL:rce and date of U1e eleva11on data m the Comments area below )

G2. D A community official completed Section E for a buildmg located 1n Zone A 1w1thoui a FEMA-1ssueo or community-issued BFE ) or Zone AO

G3. D The following information (liems G4-G9) is provided for community floodplain management purposes

I G4. Permit Number I GO. Date Permit Issued I Ge. Date Certiflcate Of ComplianceJOcatpancy Issued

G7. This permit has been issued for: D New Construction D Substantial lmp;ovemem

G8. Elevation or as-bull! lowest floor (including basement) of the building: _ _ __ D feet D mete<s 1PR1 Datum __

G9. BFE or (in Zone AO) depth of flooding at the build mg site.

G1D. Community's design nood elevation

Community Name

Signature

------ - ------ --- - -----···- -----Comments

D feet D meters 1PR1 Da1um __

D feet D meters (PRI Datum __

telephone

Date

-----------·-

-------------------------~~--------------------....., Cl1ecK t1ere if aitachments

FEMA Form 81-31, Mar 09 Replaces all previous editions

CITY OF JACKSON

2015 JULY BOARD OF REVIEW

BOARD OF REVIEW MEMBERS:

MINUTES OF THE MEETING

HELD JULY 21, 2015

Chairman: Vice-Chairman: Member:

Russel P. Decker, Jr. Ken Stapleton Barbara Dwyer

Meeting called to order at 9:30 a.m.; present: Barbara Dwyer and Russel P. Decker, Jr. Absent Ken Stapleton. Motion by Russel P. Decker, Jr., seconded by Barbara Dwyer.

Also present: Jason Yoakam, Acting Deputy Assessor

Public comments: none

The Board reviewed the attached Petitions and Parcel List presented for consideration.

Motion by Barbara Dwyer, supported by Russel P. Decker, Jr., to approve the recommendations of the Assessor. Motion carried 2-0.

Motion by Russel P. Decker, Jr., supported by Barbara Dwyer, to adjourn at 9:56 a.m. Motion carried.

(Absent) Russel P. Decker; Jir., Chairman Ken Stapleton, Vice-Chairman

Petition #

001

002

003

004

005

006

007

008

009

010

011

012

Parcel# Prop Address

1-0779.1000 445 W MONROE ST

1-084700000 1603 LANSING AVE

2-040300000 217 N DURAND ST

2-066600000 328 EDWARD ST

2-073300000 LANDLOCKED

2-109900000 714 W GANSON ST

2-110000000 716 W GANSON ST

2-116000000 705 BACKUS ST

2-203800000 1035 CLINTON RD

3-022500000 600 W BIDDLE ST

3-063800000 1101 W MICHIGAN A

3-089200000 1205 W FRANKLIN S'

Hmstd Hmstd From To

0% 100%

JULY 21, 2015 BOARD OF REVIEW MINUTES

LIST OF PARCELS

Hmstd Years TV TV

Changed From TV To Year Owner Name

2015 PRAJZNER NATHAN A

Principal Residence Exemption changed from 0% to 100% for 2015.

0% 100% 2015 HENDI INGRID L ETAL


0% 100% 2015 JORDAN JOHANNA


0% 100% 2015 BALDWIN STEVEN J & ASHLEY Iv


0% 100% 2015 BALDWIN STEVEN J & ASHLEY Iv


0% 100% 2015 ADAMS PHIL ETAL


0% 100% 2015 WALKOWICZ WILLIAM C & JANE1


0% 100% 2015 SPICER REBEKAH


0% 100% 2015 BETTS KENNEDY ETAL


0% 100% 2015 JOHNSON BRANDEN


0% 100% 2015 HA VEN MICHAEL


0% 100% 2015 DUNNIGAN BRIAN L & CANDICE <


S:\WORD_DOCITYEITER\BOR\JULY\2015-LIST· HMST & UNCAP·REAL & PP

Owner Address City ST Zip

445 W MONROE ST JACKSON MI 49202

1603 LANSING AVE JACKSON MI 49202

217 N DURAND ST JACKSON MI 49202

328 EDWARD ST JACKSON MI 49201

328 EDWARD ST JACKSON MI 49201

714 W GANSON ST JACKSON MI 49201

716 W GANSON ST JACKSON MI 49201

705 BACKUS ST JACKSON MI 49202

1035 CLINTON RD JACKSON MI 49202

600 W BIDDLE ST JACKSON MI 49203

1101 W MICHIGAN AV JACKSON MI 49202

1205 W FRANKLIN ST JACKSON MI 49203

Page 1 of 10

Petition #

013

0 14

015

016

017

0 18

019

020

021

022

023

024


3-11 7200000 1011 S DURAND ST

3-167200000 1240 FOURTH ST

3-188100000 1222 LOESER AVE

3-221300000 508 MCNEAL ST

3-226700000 1226 FIRST ST

3-237600000 1613 THIRD ST

3-252800000 734 RANDOLPH ST

3-291500000 747 WOODFIELD DR

3-3194.2900 917 SUNBURST DR

4-0071.2300 109 W WASHINGTOl'i

4-0071.2400 109 W WASHINGTON

4-156600000 138 W EUCLID A VE

Hmstd Hmstd From To

0% 100%


LIST OF PARCELS

Hmstd Years TV TV


2015 NORRIS JOSHUA

Principal Residence Exe:mption changed fro:m 0% to 100% for 2015.

0% 100% 2015 AXONTYLERR


0% 100% 2015 ESPINOSA FELIX R & MARIA D


0% 100% 2015 BOULER LAVONDA


0% 100% 2015 ROWDY GERALD


0% 100% 2015 VALKUCHAK DAVID J


0% 100% 2015 LAMAIRE JAMIE


0% 100% 2015 GASTON ELIZA R


0% 100% 2015 YORK MARGARET


0% 100% 2015 MARTIN DEAN L


0% 100% 2015 WORTHING MICHAEL J & DIANE


0% 100% 2015 GIBBS JOSEPH H II ETAL

Principal Residence Exe:mption changed fro:m 0% to 100% for 2015. --

S:\WORD_DOCITYEITERIBOR\JUL Y\2015-LIST-HMST & UNCAP-REAL & PP


1011 S DURAND ST JACKSON MI 49203

1240 FOURTH ST JACKSON MI 49203

1222 LOESER AVE JACKSON Ml 49203

508 MCNEAL ST JACKSON MI 49203

1226 FIRST ST JACKSON MI 49203

1613 THIRD ST JACKSON MI 49203

734 RANDOLPH ST JACKSON MI 49203

747 WOODFIELD DR JACKSON MI 49203

917 SUNBURST DR JACKSON MI 49203

109 W WASHINGTON J JACKSON MI 49201

109 W WASHINGTON J JACKSON MI 49201

138 W EUCLID AVE JACKSON MI 49203

Page 2of10

Petition #

025

026

027

028

029

030

031

032

033

034

035

036


4-172700000 125 W EUCLID A VE

5-108300000 1204 S MILWAUKEE

5-1 77000000 203 E ROINSON ST

5-189200000 245 E ROBINSON ST

6-046200000 1410 DEYO ST

6-067100000 1508 JOY AVE

6-093200000 224 S FORBES ST

6-093300000 226 S FORBES ST

7-056900000 513 E GANSON ST

8-095200000 649 GILBERT ST

8-113900000 705 ORANGE ST

8-1222.1000 1108 SEYMOUR AVE

Hmstd Hmstd From To

0% 100%


LIST OF PARCELS

Hm std Years TV TV


2015 DEDEAUX TUSHEILA P

Principal Residence Exemp tion changed from 0% to 100% for 2015.

0% 100% 2015 MORALES JUANITA B

Principal Residen ce Exemption changed from 0% to 100% for 2015.

0% 100% 2015 SUMNER HELENA M ETAL


0% 100% 2015 MORGAN DENA K

Principal Residence Exemption ch anged from 0% to 100% for 2015.

0% 100% 2015 COMMET KURTIS


0% 100% 2015 ADAMS JAMES R


0% 100% 2015 CLEM CRAIGT


0% 100% 2015 CLEM CRAIGT

Principal Residence Exem ption changed from 0% to 100% for 2015.

0% 100% 2015 WALKER TIMOTHY E JR


0% 100% 2015 STEVENSON MARYANN E

Principal Residence Exemption ch anged from 0% to 100% for 2015.

0% 100% 2015 MARSHALL AMANDA J ETAL


0% 100% 2015 WELLS MICHAEL


S:\WORD_DOC\lYEITER\BORIJULY\2015-LIST-HMST & UNCAP-REAL & PP


125 W EUCLID A VE JACKSON MI 49203

1206 S MILWAUKEE S JACKSON MI 49203

203 E ROINSON ST JACKSON MI 49203

245 E ROBINSON ST JACKSON MI 49203

801 E MCDEVITT AVE JACKSON MI 49203

1508 JOY AVE JACKSON MI 49203

224 S FORBES ST JACKSON Ml 49203

224 S FORBES ST JACKSON MI 49203

513 E GANSON ST JACKSON MI 49201

649 GILBERT ST JACKSON MI 49202

705 ORANGE ST JACKSON MI 49202

1108 SEYMOUR AVE JACKSON MI 49202

Page 3of10

Petition #

037

038

039

040

041

042

043

044

045

046

047

048


8-132100000 706 EDGEWOOD ST

8-183600000 1321 N WATERLOO l

8-184000000 1305 N WATERLOO l

8-215900000 300 E ARGYLE ST

8-2279.1000 506 E GANSON ST

8-230100000 730 IRVING ST

2-036500000 108 N THOMPSON S

2-062800000 305 HOMECREST RI

2-113800000 612 LANSING AVE

2-140500000 834 BENNETT ST

2-235200000 521 COMMONWEAL1

3-042300000 611 FIFTH ST

Hmstd Hmstd From To

0% 100%


LIST OF PARCELS

Hmstd Years TV TV


2015 KEMLER DALE W


0% 100% 2015 COOK JOSHUA D


0% 100% 2015 KIENUTSKE NANCY M ETAL


0% 100% 2015 LEWIS KENYETTA


0% 100% 2015 DELGADO-LOPEZ PAULINA


0% 100% 2015 BAIL NATHANIAL L ETAL


OO/o 50% 2015 MILLER WADE A


0% 50% 2015 WILLIAMS JAMIE


0% 30% 2015 BEATTIE LAWRENCE & VIRGINIA


0% 100% 2014 ZONTS MARISSA A


0% 100% 2014 WEA VER LORAINE


0% 100% 2014 JOHNSTON JOSHUA L


S:IWORO_DOC\TYEITER\BOR\JUL Y\2015-LIST-HMST & UNCAP-REAL & PP


706 EDGEWOOD ST JACKSON MI 49202

1321 N WATERLOO A\ JACKSON MI 49202

1305 N WATERLOO A\ JACKSON MI 49202

300 E ARGYLE ST JACKSON MI 49202

506 E GANSON ST JACKSON MI 49201

730 IRVING ST JACKSON MI 49202

108 N THOMPSON ST JACKSON MI 49202

305 HOMECREST RD JACKSON MI 49201

612 LANSING AVE #1 JACKSON MI 49202

834 BENNETT ST JACKSON MI 49202

521 COMMONWEALTI- JACKSON MI 49202 --

611 FIFTH ST JACKSON MI 49203

-

Page 4of10

Petition #

049

050

051

052

053

054

055

056

057

058

059

060


3-044000000 706 FOURTH ST

3-104700000 1000 W MORRELL S'

3-211300000 410 HARWOOD ST

3-312300000 2036 DALE RD

3-3175.6200 2148 CASCADE DR

4-032900000 304 W MASON ST

4-113800000 1224 S JACKSON ST

7-069600000 603 HARRIS ST

8-031300000 531 N PLEASANT ST

8-1235.2AOO 1219 SEYMOUR AVE

8-2668.1000 317 MARSHALL ST

2-090000000 323 W TRAIL ST

Hmstd Hmstd From To

0% 100%


LIST OF PARCELS

Hmstd Years TV TV


2014 REDDING ELIZABETH & MICHAE


0% 100% 2014 CANAFAX JAMES LJR & PERTA


0% 100% 2014 GRADY ROBERT A


0% 100% 2014 WARMINGTON ANDREW T


0% 100% 2014 JONES GEORGE G & LEONA B


0% 100% 2014 MILLER DUSTIN J ETAL


0% 100% 2014 CITY OF JACKSON


0% 100% 2014 AREND MELISSA


0% 100% 2014 GREVE JENNIFER N


0% 100% 2014 RIPLEY PHILIP L SR & PAMELA K


0% 100% 2014 MILLER KRISTEN M

Principal Residence ~emption changed from 0% to 100% for 2014.

0% 34% 2014 ADAMS FAITH ETAL


S:\WORD_ DOCITYEITERIBOR\JULY\2015-1.IST-HMST & UNCAP-REAL & PP



1000 W MORRELL ST JACKSON MI 49203

410 HARWOOD ST JACKSON MI 49203

2036 DALE RD JACKSON MI 49203

2148 CASCADE DR JACKSON MI 49203

304 W MASON ST JACKSON MI 49203

161 W MICHIGAN AVE JACKSON MI 49201

603 HARRIS ST JACKSON MI 49201

531 N PLEASANT ST JACKSON MI 49202

1219 SEYMOUR AVE JACKSON MI 49202

317 MARSHALL ST JACKSON MI 49202

323 W TRAIL ST JACKSON MI 49201

Page 5of10

Petition #

061

062

063

064

065

066

067

068

069

070

071

072

-


7-125500000 123 N DWIGHT ST

8-089100000 800 FLEMING A VE

3-260300000 744 DOUGLAS ST

2-150800000 710 LANSING A VE

8-149700000 616 LOOMIS ST

5-064300000 921 CHITTOCK AVE

6-143600000 715 S ELM AVE

8-1763.1000 815 WHITNEY ST

1-081800000 412 DEWEY DR

3-043700000 718 FOURTH ST

5-049100000 907 EVERHARD ST

5-099600000 1027 MARTIN ST

Hmstd Hmstd From To

0% 100%


LIST OF PARCELS

Hmstd Years TV TV


2015 CRANDALL NATHAN & ALICIA


50% 100% 2014-2015 BRADEN JASON & REBECCA

Principal Residence Exemption changed from 50% to 100% for 2014 & 2015.

OO/o 100% 2013-2015 ZAKRZEWSKI CATHERINE S

Principal Residence Exemption changed from 0% to 100% for 2013, 2014 & 2015.

0% 100% 2013-2014 CLIFTON JAMES N


0% 100% 2013-2014 GRAHAM DENNIS D ETAL


0% 100% 2012-2015 LOVE RUTH ESTATE

Principal Residence Exemption changed from 0% to 100% for 2012, 2013, 2014 & 2015.

0% 100% 2012-2015 CYROCKI MARY TRUST


0% 100% 2012-2015 DUFFY PATRICIA


0% 100% 2012-2014 SMAR SUSAN ETAL


0% 100% 2012-2014 ROGERS LEANA M


0% 100% 2012-2014 EDWARDS JAMES T


0% 100% 2012-2014 HESTER THERON R & LORRAINE


S:\WORO__DOC\TYEITERIBOR\JUL Y\2015-UST·HMST & UNCAP-REAL & PP

Owner Address I City ST Zip

123 N DWIGHT ST JACKSON MI 49202

800 FLEMING A VE JACKSON MI 49202

744 DOUGLAS ST JACKSON MI 49203

704 LANSING AVE #1 JACKSON MI 49202

616 LOOMIS ST JACKSON MI 49202

921 CHITTOCK AVE JACKSON MI 49203

715 S ELM AVE JACKSON MI 49203

815 WHITNEY ST JACKSON MI 49202

412 DEWEY DR JACKSON MI 49202


907 EVERHARD ST JACKSON MI 49203

1027 MARTIN ST JACKSON MI 49203

Page 6of10

Pet~ion I Parcel# Prop Address

073 6-090500000 222 S DWIGHT ST

074 7 -063500000 523 QUARRY ST

075 3-018500000 400THIRD ST

076 3-256300000 718 DOUGLAS ST

077 4-1189.AOOO 911 FIRST ST

078 8-232100000 820 MALTBY ST

079 8-260100000 1410 COOPER ST

080 2-123600000 941 BENNETT ST

081 1-077700000 1307 LANSlNG AVE

082 5-061900000 902 FRANCIS ST

083 5-021200000 605 S MECHANIC ST


LIST OF PARCELS

Hmstd I Hmstd Hmstd Years TV TV From To Changed From TV To Year Owner Name

0% 100% 2012-2014 NOWLAN STEVEN L


0% 100% 2012-2014 LEVAN DAVID A


100% 0% 2015 PINE ROBERT D TRUST


100% 0% 2015 BARTLETT DOUGLAS S & KATHLl


100% 0% 2015 LAMMERS JEFFRY L


100% 0% 2015 KIENUTSKE LONNIE L

Principal Residence Exemption changed from 100% to 0% 'for 2015.

100% 0% 2014 COTNER PAULE


100% 0% 2013-2014 VAN ANDEL MICHELLE M


100% 0% 2012-2013 MCCLAFFERTY TRACEY L


EXEMPT PARCEL FOR 201 300 0 2015 CITY OF JACKSON

Clerical error - Correct 2015 A/V & T/V from $300 to $0.

EXEMPTPARCELFOR201 304 0 2014 CITY OF JACKSON

Owner Address City

222 S DWIGHT ST JACKSON

523 QUARRY ST JACKSON

795PARKRD JACKSON

3416 HILDA ST JACKSON

7751 MINARD RD PARMA

820 MALTBY ST JACKSON

10055 US HWY 12 BROOKLYN

2303 S PORTAGE RD JACKSON

1628 N DADE DR JACKSON

161 W MICHIGAN AVE JACKSON


Pursuant to MCL 211.78m(12) and the request from the Jackson City Treasurer's Office, correct 2014 Assessed &

Taxable Values to $0. Correcting 2014 Assessed Value from $350 to $0 & Taxable Value from $304 to $0.

ST

MI

MI

MI

MI

MI

MI

MI

MI

MI

Ml

MI

S:\WORD_DOCITYEITER\BORUULY\2015-LIST-HMST & UNCAP-REAL & PP Page 7of10

Zip

49203

49201

49203

49201

49269

49202

49230

49201

49203

49201

49201

Petition #

084

085

086

087

088

089

090

091

092

093

Parcel#

5-147600000

7-067900000

8-1235.2N20

2-166800000

7-092200000

8-005000000

8-165800000

P-259080000

P-272590000

P-273280000

Prop Address

118 FRANCIS ST

311 E TRAIL ST

1104 N ELM AVE

816 N WEST AVE

Hmstd Hmstd From To


LIST OF PARCELS

Hmstd Years TV TV


EXEMJYf PARCEL FOR 201 0 0 2014 CITY OF JACKSON

Owner Address City


Pursuant to MCL 211.78m(l2) and the request from the Jackson City Treasurer's Office, correct 2014 Assessed &

Taxable Values to $0. Correcting 2014 Assessed Value from $150 to $0. (Taxable Value at $0)

EXEMJYf PARCEL FOR 201 400 0 2014 CITY OF JACKSON 161 W MICHIGAN AVE JACKSON


Taxable Values to $0. Correcting 2014 Assessed & Taxable Values from $400 to $0.

EXEMJYf PARCEL FOR 201 457 0 2014 CITY OF JACKSON 161 W MICHIGAN AVE JACKSON


Taxable Values to $0. Correcting 2014 Assessed Value from $500.00 to $0 and Taxable Value from $457 to $0.

0% 100% 2015 34,290 18,563 2015 GIBSON JASON C & ALESHA Y 816 NWEST AVE JACKSON

Correct 2015 PRE from 0% to 100% AND Apply Partial Disabled Veterans Exemption.

ST

MI

MI

MI

MI

Partial Disabled Veterans Exemption Request Pursuant to PA 116 of2013 - correct 2015 T/V from $34,290 to $18,563.

1101 HAMLIN PL 28,645 0 2015 HOWE ROBERT & SUSAN 1101 HAMLIN PL JACKSON MI

Disabled Veterans Exemption Request Pursuant to PA 116 of 2013 - correct 2015 T/V from $28,645 to $0

2112 E GANSON ST 18,270 0 2015 WALICKI HAROLD T 2112 E GANSON ST JACKSON MI

Disabled Veterans Exemption Request Pursuant to PA 116 of 2013 - correct 2015 T/V from $18,2'.70 to $0

515 E NORTH ST 15,173 0 2015 COLLINS LARRY J ETAL 515 E NORTH ST JACKSON MI

Disabled Veterans Exemption Request Pursuant to PA 116 of 2013.

PERSONAL PROPERTY 3,000 0 2014 SERCOMBE TRAILER STORAGE 3001 SHIRLEY DR JACKSON MI

Clerical error - Correcting 2014 A/V & T/V from $3,000 to $0. Personal Property Exemption Affidavit timely tlled.

PERSONAL PROPERTY 137,300 153,200 2015 KOHL'S STORE 243 P 0 BOX3208 MILWAUKEE WI

Clerical error - Correcting 2015 A/V & T/V from $137,300 to $153,200. Calculation error by staff.

PERSONAL PROPERTY 10,500 0 2015 FAMOUS FOOTWEAR #1197 PO BOX360 ST LOUIS MO

Clerical error - Correcting 2015 A/V & T/V from $10,500 to $0. Personal Property Exemption Affidavit timely tlled.

S:IWORD_DOC\TYEITER\BOR\JUL Y\2015-LIST-HMST & UNCAP-REAL & PP Page B of 10

Zip

49201

49201

49201

49202

49201

49202

49202

49201

53201

63166

Petition #

094

095

096

097

098

099

100

101

102

103

104

105

Parcel#

P-290950000

P-291070000

P-291240000

P-292020000

P-292370000

1-084400000

2-220000000

6-124300000

7-105000000

8- 128000000

8-131000000

6-044 700000

Hmstd Hmstd Prop Address From To

PERSONAL PROPERTY


LIST OF PARCELS

Hmstd I Years TV TV


2,600 0 2015 LORNA G PINSON MD PLLC

Owner Address City

12131 HARVEST DR GRASS LAKI

Clerical error - Correcting 2015 A/V & T/V from $2,600 to $0. Personal Property Exemption Affidavit timely f°lled.

PERSONAL PROPERTY 4,100 0 2015 CANDI CANE CELLULAR INC 1000 LANSING A VE JACKSON

Clerical error - Correcting 2015 A/V & T/V from $4,100 to $0. Personal Property Exemption Affidavit timely filed.

PERSONAL PROPERTY 143,600 71,500 2015 DELL EQUIPMENT FUNDING LP ONE DELL WAY RRl-3 ROUND ROC

Clerical error - Correcting 2015 A/V & T/V from $143,600 to $71,500. Assets entered incorrectly.

PERSONAL PROPERTY 5,700 0 2015 THIRD WA VE TECHNOLOGIES IN P 0 BOX 1240 MANCHESTJ

Clerical error - Correcting 2015 A/V & T/V from $5,100 to $0. Personal Property Exemption Affidavit timely filed.

PERSONAL PROPERTY 10,000 0 2015 PRO LOGO 2621 WILDWOOD AVE JACKSON

Clerical error - Correcting 2015 A/V & T/V from $10,000 to $0. Business not located in the City.

1420 N BLACKSTONE ST 14,800 10,360 2015 LASKY DARLENE F 1420 N BLACKSTONE JACKSON

30% Partial Poverty Exemption granted. Correcting 2015 T /V from $14,800 to $10,360.

515 ST CLAIR AVE 20,218 12,131 2015 OHMDEBRAL 515 ST CLAIR AVE JACKSON

40% Partial Poverty Exemption granted. Correcting 2015 T/V from $20,218 to $12,131.

1708 PRINGLE A VE 22,300 11,150 2015 DE-BUS JOANNE M 1708 PRINGLE AVE JACKSON


208 ORANGE ST 26,064 23,458 2015 SMITH WILLIAM 208 ORANGE ST JACKSON


1040 ELLERY AVE 28,541 17,125 2015 PORTER ROBIN L 1040 ELLERY A VE JACKSON

40% Partial Poverty Exemption granted. Correcting 2015 T/V from $28,54lto $17,125.

622 EDGEWOOD ST 22,089 19,880 2015 HARPER TERRY & TAMMY 622 EDGEWOOD ST JACKSON


1501 TEN EYCK ST 0% 100% 2015 FEXDREW 1501 TEN EYCK ST JACKSON

Principal Residence Exemption changed froID 0% to 100% for 2015.

ST

MI

MI

TX

NH

MI

MI

MI

MI

MI

MI

MI

MI

S:IWORD_DOC\1YEITERIBOR\JUL Y\2015-LIST-HMST & UNCAP-REAL & PP Page 9of10

Zip

49240

49202

78682

03105

49202

49202

49202

49203

49202

49202

49202

49203

. ''

Petition #

106

Hmstd Hmstd Parcel# Prop Address From To

8 -2025.5000 308 E MONROE ST


LIST OF PARCELS

Hmstd Years TV TV


26,270 0 2015 FELDE BRIAN W

Owner Address City ST

308 E MONROE ST JACKSON MI

Disabled Veterans Exemption Request Pursuant to PA 116 of 2013 - correct 2015 T /V from $26,270 to $0

-

S:\W ORO_ OOC\TYEITER\BOR\JUL Y\2015-LIST-HMST & UNCAP-REAL & PP Page 10of10

Zip

49202

Human Relations Commission

Meeting Minutes June 17, 2015

Members Present: Rev. John Clemons, John Hawthorne, Alice Lewis, Lynn Isaacson Zolman, and Jessica Embury , Members Absent: Parrish Stahl-excused, Jon Hart-excused, Rev. Kerry Snyder, and Barb Shelton-excused Ex Officio Present: Valerie Cochran-Toops, and Suzanne Mure Also Present: Vice Mayor Derek Dobies, Jonathan Greene, Patrick Burtch

I. Call to Order/Roll Call: Vice Chair Lewis called the meeting to order at 6:30 p.m.

II. Roll Call

III. Adoption of the Agenda: Motion for agenda approval made by John

Hawthorne, seconded by Lynn Isaacson-Zolman. Motion carries all in favor.

IV. Citizen Comments: None

V. Guest: None

VI. Approval of Meeting Minutes, May 20, 2015 – Motion from Rev. Clemons to approve, seconded by Lynn Isaacson-Zolman. Motion carries, all in favor.

VII. Community Liaison Officer:

None.

VIII. Chairperson/Community Update: Vice Chair Lewis reported the following for Chair Hart: • Working with the United Way on a project – ALPAC. Frank Weathers is

the Chair of ALPAC.

Vice Chair Lewis welcomed new HRC Commissioner Jessica Embury to the HRC.

IX. Staff Report: Complaint reports - None per Jonathan Greene. A call was

received regarding a complaint that was outside the HRC’s jurisdiction, and the complainant was referred to State and Federal agencies that could possibly help.

Human Relations Commission Minutes Page 2 June 17, 2015

X. Ex-Officio Report:

Valerie Cochran-Toops reported that she met with the Philipino American Association regarding their annual picnic on July 18th. The Jackson County Democratic Women’s Caucus donated to the HRC picnic, and the Jackson County Democratic Party also donated. Suzanne Mure questioned how HB 4052 passage affects the City of Jackson. Vice Mayor Derek Dobies provided insights as it relates to current ordinances. Commissioner Hawthorne questioned the constitutionality of the law. This shouldn’t affect the City’s current ordinances. Suzanne Mure spoke about pay equity issues package of 12 bills could be coming – brought forth by Women’s Democratic Caucus.

XI. Committee Reports:

a. Anti-Violence / Neighborhood Committee: Nothing new to report.

b. Complaint Committee: No Complaints. Chairman Hart asked about the process of complaint reporting and the chain of reporting. Jonathan Greene stated it usually goes to each department.

c. Nominating Committee: Simon Foster has indicated that he is interested

in serving as an ex-officio.

A motion was made by Rev. Clemons to appoint Simon Foster as an ex-officio member of the HRC. Jessica Embury supported the motion. The motion carried.

d. Public Relations/Information: No Report.

e. Proposed Non-Discrimination Ordinance: No Report.

f. HRC Ordinance: Rev. Clemons would like to have the Committee’s be

together for both the HRC Ordinance Committee and the Non-Discrimination Ordinance Committee. He feels the committees could work together. Vice Mayor Dobies suggested this combined committee be called the “Policy Committee.”

A motion was made by John Hawthorne, and supported by Jessica Embury to create a Policy Committee. The motion carried unanimously.

Committee members are: Rev. John Clemons (Chair), John Hawthorne, Jon Hart, and Valerie Toops.


Rev. Clemons will have a report on the committee at the next meeting. Jessica Embury asked that an e-mail be sent explaining what the combined committee work will entail. Vice Chair Lewis clarified that the Policy Committee will be addressing both the HRC Ordinance and the Non-Discrimination Ordinance separately, but as one group.

g. Martin Luther King Street Renaming: No Report. This will be taken off

of the Agenda.

h. HRC Community Picnic: Alice Lewis reported that plans for the Annual Picnic are going well, and she is happy with the progress. The committee met on June 9th. As of now five have responded asking for tables with more expected. The picnic will be held on July 11th, 12 p.m. to 4 p.m. at the Ella Sharp Park Pavilion across from the Planetarium. Ms. Lewis asked everyone to bring a passing dish. HRC can purchase t-shirts from the Be More Kind group for a cost of $5 to wear at the picnic. She will need to know if any Commissioners would like to purchase a t-shirt by Tuesday, June 23rd, 5:00 p.m. She will also have name tags made. She asked Commissioners to be at the park by 8:30 a.m., no later than 9:00 a.m., to help with setup. She also asked commissioners to distribute the Picnic Flyer. Ms. Lewis also reported on the various activities to be held at the Picnic. She is hoping to ask for help from the summer students at the King Center. Ms. Lewis reported that she expects about 500 people to attend. The current City budget for the picnic is $1,000. The rest of the expenses will be covered through donations. The picnic is a community event that promotes diversity and bringing families together.

i. Martin Luther King Jr. Breakfast: No report.

j. Emergency Needs Coalition: Jessica Embury reported on the LTEC

meeting, which is transportation related. She will e-mail a copy of information from her report. A Healthy Kid’s Fair will be held on June 30th at Lifeways from 1-3 p.m. This deals with emotional and occupational health. Various groups will be attending to focus on the children that are already involved with Lifeways. She further reported on a homebuyer community workshop on July 18th from 9 a.m. – 3 p.m., at the Community Action Agency. The THAW program, 313-226-9465, is currently taking applications at this time and will be at Lifeways August 18th. This program helps with utility bills. Also, the Center for Family Health will be giving another tour of their facilities, and invites the HRC to participate on July 1st 5:30 – 6:30 p.m.

k. Harold White Breakfast: No report.


XII. Old Business a. Pow Wow Update: Val Cochran-Toops reported on a casual discussion

to be held August 15th at the MLK Center with Don Tassie, Anthony Gittens, John Willis. This is a multicultural event with praise singing, food and a day of fellowship, and games for the kids.

XIII. New Business a. Discussion – Building Relationships with the City Council: Jessica

Embury asked if an HRC member attends City Council meetings. Alice Lewis stated that in the past a Commissioner would attend one City Council meeting a month, which seemed to lead to a good relationship with the Council. She will talk with Chair Hart to see if a list of HRC members scheduling them for attendance at a City Council meeting. Discussion followed including a suggestion made by John Hawthorne that an HRC meeting agenda item be added so that the Commissioner attending the Council meeting can report back to the HRC what happened at the meeting, thereby creating accountability. City Manager Patrick Burtch reminded the HRC that the City Council meets only one time in July and August. John Hawthorne asked Vice Mayor Dobies and City Manager Burtch to share their thoughts of the relationship between the City Council and the HRC as it is, or how they hope it could be. Patrick Burtch stated that he believes the relationship is currently being repaired and that it is important to make friends first, which Chair Hart is currently encouraging Commissioners to do. Mr. Burtch will ask staff to help also. He said that this will take time. Vice Mayor Derek Dobies spoke to the subject. He stated that with recent improvements made on both sides, he feels that the relationship is better. He feels that City Council still struggles externally with the relationship and with public perception of the relationship between Council and the HRC. He appreciates HRC members attending City Council meetings, and wished that more Councilmembers would attend HRC meetings. He thinks it will be great for HRC members to attend more Council meetings in the future. He feels that the Council has a lot of work to be done that could be delegated to the HRC (i.e., The MLK Equality Trail). This project could be furthered by the HRC. Vice Mayor Dobies made the following suggestions:

• The HRC combine committees to create a general committee that can address several issues – (i.e., create an events committee which would cover the Oratorical Contest, Harold White Breakfast, Picnic, etc., and create a policy committee which would cover the


HRC Ordinance, the non-discrimination ordinance, etc.) The HRC could then invite City Councilmembers to participate on these committees. Another committee of focus could be a Public Relations Committee which would cover the newsletter, complaints, and organizing MLK Street Renaming, Community meetings, etc.

• Bring more actionable items to Council for their decision. The more that is brought to Council, the more attention the Council will give to the HRC. It is just a matter of building collaboration on both parts.

Patrick Burtch offered a ride along to HRC Members with City Inspectors, so Commissioners can witness the conditions people are expected to live in by some area landlords. Ride alongs were also offered with the Police Department. After some discussion Patrick Burtch said that he will give the HRC a copy of the City Council’s goals. Rev. Clemons spoke about the area community feelings and perceptions of the HRC and City Council. He encouraged members to do more to let people know what they are doing. He mentioned the PowWow as an event to get the message out to the community of HRC activities. He further thanked Mr. Burtch and Vice Mayor Dobies for addressing this issue at the meeting. Several members of the HRC agreed that combining committees is a good idea. Vice Chair Lewis stated that she is optimistic that the HRC will now move forward now that there is full membership. She feels the HRC lost focus in recent years because the membership has been very low. She feels HRC now needs to be productive and get out and do the work. She also said that she feels that HRC now has a very good board. Patrick Burtch asked that the HRC now discuss the implications of eliminating the current Ward system, and bring it back at the next meeting.

XIV. Adjournment a. Motion to adjourn at 7:58 p.m.

Respectfully Submitted, Jonathan Greene, Staff

Jackson Housing Commission Minutes of the Regular Meeting

March 18, 2015

The Jackson Housing Commission's Regular Meeting was held on March 18 2015, in the Shahan Blackstone North Community Room. Commissioner Michelle Pultz-Orthaus called the meeting to order at 12:16pm. Upon roll call, the following commissioners were present: Michelle Pultz-Orthaus, Patricia Davis-Dye, Gerald Montgomery and Michelle Woods. Upon roll call, the following commissioner was absent: James Stark.

Also present were: Patricia Tyus, Executive Director Shari Boyce, Section 8 Director Tremachel Johnson, Comptroller Chelsea Bryant, Executive Secretary

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PUBLIC COMMENTS During the public comments Ms. Tonya Holmes, a resident at Chalet Terrace, expressed her concerns regarding residents that own Pitt Bulls. Ms. Holmes conveyed that she is afraid of dogs and asked if there were guidelines for Pit Bulls. Ms. Tyus a:::knowledged that there is a contractual relationship indicating that residents may not have Pit Bull~ in their homes. However, if a dog is considered a Reasonable Accommodation, the agency may not prohibit ownership of a dog. Therefore, documentation substantiating the tenant's need for the dog would be kept in their file. Ms. Holmes also asked if residents are required to obtain training for older dogs and if there is a limit on the number of pets that residents may have. Ms. Tyus answered that proof of training is not a requirement, and a resident may have up to two pets. Commissioner Davis-Dye also mentioned that the JHC Pet Policy prohibits owners from leaving pets unattended at any time on the premises. Commissioner Montgomery requested that the agency verify who is liable in the State of Michigan, if an individual is attacked by a dog on the premises.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING HELD FEBRUARY 18) 2015 During the discussion of the February 18, 2015 Minutes, President Pultz-Orthaus corrected the Regular Meeting dates for January, February, and April on the agenda. Also, to correct an omission in the minutes, Commissioners Davis-Dye and Commissioner Woods confirmed that Commissioner Montgomery seconded the motion to approve Ms. Tyus' cne-step pay raise increase retroactive November 12, 2014.

Commissioner Davis-Dye MOVED to approve the Regular Meeting Minutes of the meeting held February 18 2014. Commissioner Montgomery SECONDED the motion, and upon voice vote the motion was adopted:

AYES: M. Pultz-Orthaus, P. Davis-Dye, G. Montgomery, M. Woods NAYS: None ABSTAIN: None

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ABSENT: J. Stark

APPROVAL OF THE MINUTES OF THE REGULAR MEETING HELD JANUARY 21, 2015 Commissioner Woods MOVED to approve the Regular Meeting Minutes of the meeting held January 21, 2015. Commissioner Montgomery SECONDED the motion, and upon voice vote the motion was adopted:

AYES: M. Pultz-Orthaus, P. Davis-Dye, G. Montgomery, M. Woods NAYS: None ABSTAIN: None ABSENT: J. Stark

APPROVAL OF THE PREVIOUSLY PAID LIABILITIES FROM FEBRUARY 19, 2015 THRU MARCH 12, 2015 Commissioner Montgo11ery requested clarification for payments made for the insurance deductible and work completed at the Shahan Blackstone North's offices and community room. Ms. Tyus verified that a reimbursement check was received by the agency from the insurance company. Also, Commissioner Woods mentioned a payee's name remained uncorrected.

Commissioner Montgomery MOVED to approve the Previously Paid Liabilities from February 19, 2015 thru March 12, 2015. Commissioner Davis-Dye SECONDED the motion and upon roll call the motion was adopted.


RESOLUTIONS A. Resolution No. 2015-04: Collection Losses Write Off February 2015 Commissioner Davis-Dye MOVED to approve the Write-Off of the Collection Losses in the amount of $4,182.59. Commissioner Montgomery SECONDED the motion and upon roll call the motion was adopted:


B. Resolution No. 2015-05: Tenant Selection Plan Commissioner Davis-[1ye MOVED to approve the Tenant Selection Plan. Commissioner Woods SECONDED the motion and upon roll call, the motion was adopted:

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C. Resolution No. 2015-06: Internal Controls Manual During the discussion of the Internal Controls Manual, rv1s . Tyus explained that some existing policies were updated, as well as, the additions of written policies and a table of contents. The manual also includes governance of the Fee Accountant and procedures for various financial activities.

Commissioner Montgomery MOVED to approve the Internal Controls Manual. Commissioner DavisDye SECONDED the motion and upon roll call vote, the motion was adopted:


DIRECTOR'S REPORTS Section 8 A. Leasing HAP Utilization Report Public Housing B. Tenant Accounts Receivable C. Consolidated TARS D. Move Outs E. Vacant Unit Turnaround Executive F. SB Income Statement G. PH Income Statement H. Petty Cash Fund Register I. After Hours/Emergency Response Report J. Utility Costs and Consumption

During the discussion of the Utility Costs and Consumpti:m, Ms. Johnson explained that the gas and electric charges for Reed Manor appeared on the same bill. As a result, the payments were previously combined and coded as electric. However, beginning March 2015, payment will be accurately coded. Ms. Tyus also mentioned that Ms. Johnson is working closely with the Fee Accountants on the proper coding of expenses and journal entries. Ms. Johnson will meet with the Emerge staff in Atlanta in the upcoming month.

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15-03-06 OTHER BUSINESS

Public Hearing for the Annual Plan Members of the public oNere present, but no comments from the public regarding the Annual Plan. During the discussion of the Annual Plan, Ms. Tyus discussed proposed projects and how Capital Funds will be used during the fiscal year. Highlighted projects included:

• Local Code rel3ted issues at scattered sites • Resolved plurrbing issues at Reed Manor • Painting units occupied five years or more at Reed Manor • Replacing the 1~ounter tops at Shahan Blackstone North Scattered Sites

After the discussion of the Annual Plan, President Pultz-Orthaus solicited comments from the public and closed the public hearing. At this time, President Pultz-Orthaus stated that the board would discuss the evaluation Jf Patricia Tyus. However, President Pultz-Orthaus asked the board to reconsider the February 18, 2015 Regular Meeting Minutes. In an earlier discussion, Commissioners Davis-Dye and Woods confirmed that Commissioner Montgomery seconded the motion to approve Ms. Tyus one-step salary increase during the February 18, 2015 Regular Board Meeting.

Commissioner Pultz-Orthaus MOVED to approve the February 18, 2015, Minutes. Commissioner Montgomery SECOND::D the motion and upon voice vote, the motion was adopted:

A YES: M. Pultz-Orthaus, P. Davis-Dye, G. Montgomery, M. Woods NAYS: None ABSTAIN: None ABSENT: J. Stark

Upon the return to t~e discussion of Ms. Tyus' evaluation, Ms. Tyus requested that the discussion be moved to a closed session. Commissioner Woods MOVED to approve the closed session for the evaluation of Patrcia Tyus. Commissioner Davis-Dye SECONDED. The meeting entered a closed session at 1 :16~·m.

Upon returning from the closed session, Commissioner Woods MOVED to reconvene the Regular Board Meeting from the- closed session. Commissioner Davis-Dye SECONDED. The Regular Board Meeting reconvened at 1 :56pm.

During the discussion of the closed session, President Pultz-Orthaus stated that the Board of Commissioners received two anonymous letters containing very disparaging remarks against the Executive Director. lwerviews conducted regarding staff concerns, confirmed that the allegations in the letter were unfounced and that there was no indication of illegal activity. As a result, President Pultz-Orthaus advised that the Board of Commissioners be contacted if there are illegal activities occurring under the Whistle Blowers Act. In other instances, the chain of command should be

4

followed by speaking with a supervisor and/or human resou-ce representative. Staff may also use the Executive Director's Open Door Policy to discuss concerns with no threat of repercussions. The board is confident that the Executive Director will be fair and impartial when approached with concerns.

Commissioner Woods MOVED to adjourn; Commissioner Montgomery SECONDED the motion. All members of the board were in favor of adjournment.

The Regular Meeting on March 18, 2015 adjourned at 1 :58pm.

c]J::tedJ ~ Patricia Tyus 1 Executive Director

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April 15, 2015

The Jackson Housing Commission's Regular Meeting was held on April 15, 2C15, in the Reed Manor Community Room. Commissioner Michelle Pultz-Orthaus called the meeting to order at 12:02pm. Upon roll call, the following commissioners were present: Michelle Pultz-Orthaus, Gerald Montgomery and Michelle Woods. Upon roll call, the following commissioners were absent: Patricia Davis-Dye and James Stark. Commissioner Davis-Dye entered the meeting at 12:05pm.


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PUBLIC COMMENTS Members of the public were present but no comments were rrade.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING HELD March 18, 2015 No discussion took place.

Commissioner Woods MOVED to approve the Regular Meeting Minutes of the meeting held March 18, 2014. Commissioner Montgomery SECONDED the motioo, and upon voice vote the motion was adopted:

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APPROVAL OF THE PREVIOUSLY PAID LIABILITIES FROM FEBRUARY 19, 2015 THRU MARCH 12, 2015 A lengthy discussion of the previously paid liabilities took place.

Commissioner Woods MOVED to approve the Previously Paid Liabilities from March 19, 2015 thru March 31, 2015. Commissioner Davis-Dye SECONDED the motion and upon roll call the motion was adopted.


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15-04-004 RESOLUTIONS A. Resolution No. 2015-07: Collection Losses Write Off March 2015

No discussion took place.

AYES: M. Pultz-OrthaJs, P. Davis-Dye, G. Montgomery, M. Woods NAYS: None ABSTAIN: None ABSENT: J. Stark

B. Resolution No. 2015-08: SS Utility Allowance A brief discussion regarding the changes in the Utllity Allowance in comparison to the previous year took place.

Commissioner Woods MOVED to approve the Housing Choice Voucher Utility Allowance. Commissioner Davis-D:re SECONDED the motion, and upon roll call the motion was adopted:

AYES: M. Pultz-Orthaus, P. Davis-Dye, G. Montgomery, M. Woods NAYS: ABSTAIN: ABSENT: J. Stark

C. Resolution No. 2(115-09: Capital Fund Budget 2015 A brief discussion of the Capital Fund Budget took place.

Commissioner Woods MOVED to adopt the Capital Fund Budget (2015-2016) for each AMP. Commissioner Davis-Dve SUPPORTED the motion, and upon roll call the motion was adopted:

AYES: M. Pultz-Orthais, P. Davis- Dye, G. Montgomery, M. Woods NAYS: ABSTAIN: ABSENT: J. Stark

D. Resolution No. 2015-10: Operating Budget-2015·16 A lengthy discussion of Operating Budget took place.

Commissioner Pultz-Orthaus MOVED to approve the budget presented with no pay increases until the final allocation frorr HUD is received. Staff will revisit the budget, make adjustments and present the final budge to the Board for approval. Commissioner Montgomery SUPPORTED the motion, and upon roll call the motion was adopted:

AYES: M. Pultz-Orthaus, P. Davis- Dye, G. Montgomery, M. Woods NAYS: ABSTAIN: ABSENT: J. Stark

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E. Resolution No. 2015-11: Capital Fund Program Improvements- Chalet Terrace Reroofing Project A brief discussion of the Capital Fund Program improvements-Chalet Terrace Roofing project took place.

Commissioner Woods MOVED to approve the Executive Director to enter into a contract with First Contracting Inc. for the Chalet Terrace Reroofing Project. Commissioner Montgomery SUPPORTED the motion, and upon roll call the motion was adopted:

AYES: M. Pultz-Orthaus, P. Davis- Dye, G. Montgomery, M. 'V'/oods NAYS: ABSTAIN: ABSENT: J. Stark

F. Resolution No. 2015-12: LJ Trumble Contract for 316 Barberry A short discussion of LJ Trumble Contract for the renovatk:lns of 316 Barberry Drive took place.

Commissioner Woods MOVED to approve the Executive Director to enter into a contract with LJ Trumble Builders for the renovation of 316 Barberry Drive. Commissioner Davis-Dye SUPPORTED the motion, and upon roll call the motion was adopted:

AYES: M. Pultz-Orthaus, P. Davis- Dye, G. Montgomery, M. \/'foods NAYS: ABSTAIN: ABSENT: J. Stark

G. Resolution No. 2015-13: LJ Trumble for 1713 S. Milwa•.ikee No discussion took place.

Commissioner Woods MOVED to approve the Executive Director to enter into a contract with LJ Trumble Builders for the renovation 1713 S. Milwaukee. Commissioner Davis-Dye SUPPORTED the motion, and upon roll call the motion was adopted:

H. Resolution No. 2015-14: Procedures & Controls· Section 8 Waiting List A short discuss of the Procedures and Controls for the Section 8 Housing Choice Voucher Program Waiting List took place. President Pultz-Orthaus went on record to state that the Board of Commissioners vote on policies and not procedures; therefore HUD should not require the

board to vote on this action item.

Commissioner Davis-Dye MOVED to approve the Procedures and Controls for the Section 8 Waiting List. Motion failed to elicit support; therefore the Resolution was not approved.

I. Resolution No. 2015-15: Procedures & Controls-Housing Choice Voucher Program No discussion took place.

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Commissioner Davis-Dye MOVED to approve the Procedures and Controls for the Section 8 Waiting List. The moti·Jn failed to elicit support; therefore the Resolution was not approved.

J. Resolution No. 2D15-16: Disposition of A Commission Vehicle A brief discussion of the disposition of a Commission Vehicle (1993 Dodge Pickup inoperable and stored at Chalet Terrace) took place.

Commissioner Woods MOVED to approve the disposition of an agency vehicle. Commissioner DavisDye SUPPORTED the 'Tlotion and upon roll call the motion was adopted:

AYES: M. Pultz-OrthaJs, P. Davis-Dye, G. Montgomery, M. Woods NAYS: ABSTAIN: ABSENT: J. Stark

K. Resolution No. 2015-17: Financial and Housing Software A short discuss of =inanclal and Housing Software procurement took place.

Commissioner Woods MOVED to approve the purchase of Financial and Housing Software from HOS Commissioner Montgomery SUPPORTED the motion, and upon roll call the motion was adopted:


DIRECTOR'S REPORTS Staff gave reports on the following categories:

Section 8 A. Leasing HAP Utilization Report

Public Housing B. Tenant Accounts Receivables

C. Consolidated TARS

D. Move Outs

E. Vacant Unit Turnaround

Executive F. SB Income Statem~nt

G. PH Income Statement

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H. Petty Cash Fund Register

I. After Hours/Emergency Response Report

J. Utility Costs and Consumption

OTHER BUSINESSS

A discussion of the date of the Annual Meeting took place.

President Pultz-Orthaus made a MOTION to postpone the adion items for the Annual Meeting until May 20, 2015. Commissioner Woods SECONDED the motion and upon voice vote the motion was approved:


A discussion of the lighting and alternatives for the type of lighting along the fence line behind Chalet Terrace, bordering Cooper Street took place.

A discussion regarding the responsibility of pet owners continJed as follow-up to the March meeting. It was concluded that the pet policy needs to be reviewed by the attorney.

President Pultz-Orthaus moved to adjourn. All members of the board were in favor of adjournment.

The Regular Meeting on April 15, 2015 adjourned at 1 :55pm.

C?Jz d Patricia Tyus Executive Director

s


May 20, 2015

The Jackson Housing Commission 's Regular Meeting was held on May 20, 2015, in the Reed Manor Community Room. Vice-President Stark called the meeting to order at 12:05pm. Upon roll call, the following commissioners were present: Gerald Montgomery, James Stark, Patricia Davis-Dye, and Michelle Woods. Upon roll call, the following commissioner was absent: President Pultz-Orthaus.


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PUBLIC COMMENTS Members of the public were present but no comments were made.

APPROVAL OF THE MINUTES OF THE REGULAR MEETnm HELD APRIL 15) 2015 No discussion took place.

Commissioner Woods MOVED to approve the Regular Meeting Minutes of the meeting held April 15, 2015. Commissioner Montgomery SECONDED the motion, and upon voice vote the motion was adopted:

AYES: P. Davis-Dye, G. Montgomery, M. Woods, J. Stark NAYS: None ABSTAIN: None ABSENT: M. Pultz-Orthaus

APPROVAL OF THE PREVIOUSLY PAID LIABILITIES FROM APRIL 16, 2015 THRU MAY 14, 2015 A discussion of the previously paid liabilities took place.

Commissioner Davis-Dye MOVED to approve the Previously Paid Liabilities from April 16, 2015 thru May 14, 2015. Commissioner Woods SECONDED the motioo and upon roll call the motion was adopted.


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RESOLUTIONS A. Resolution No. 2015-18: Collection Losses Write Off April 2015


AYES: P. Davis-Dye, G. Montgomery, M. Woods, J. Stark NAYS: None ABSTAIN : None ABSENT: M. Pultz-Orthaus

B. Resolution No. 2015-19: Fee Accountant A lengthy discussion took place.

Commissioner Woods MOVED to approve and allow the Executive Director to enter a contract with Emerge Accounting for =ee Accountant Services. Commissioner Davis-Dye SECONDED the motion, and upon roll call the motion was adopted:

AYES: P. Davis-Dye, G. Montgomery, M. Woods, J. Stark NAYS: None ABSTAIN : None ABSENT: M. Pultz-Orthaus

DIRECTOR'S REPORTS Staff gave reports on t~e following categories:




D. Move Outs

E. Vacant Unit Turnar:)Und

Executive F. SB Income Statement

G. PH Income Statem:mt




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15-05-06 OTHER BUSINESSS A discussion regarding the status of security cameras at Reed Manor and the deeds for properties held by the City of Jackson

Vice-President Stark moved to adjourn. All members of the board were in favor of adjournment.

The Regular Meeting on May 20, 2015 adjourned at 12:55pm.

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June 17, 2015

The Jackson Housing Commission 's Regular Meeting was held on June • 7, 2015, in the Chalet Terrace Multipurpose Room. President Pultz-Orthaus called the meeting to order at 12:06pm. Upon roll call, the following commissioners were present: Gerald Montgomery, Michelle Pultz-Orthaus, Janes Stark, and Michelle Woods. Upon roll call, the following commissioner was absent: Patricia Davis-Dye.


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APPROVAL OF THE MINUTES OF THE REGULAR MEETltJG HELD MAY 20, 2015 No discussion took place.

Commissioner Woods MOVED to approve the Regular Meeting Minutes of the meeting held May 20, 2015. Commissioner Montgomery SECONDED the motion, and upon voice vote the motion was adopted:

AYES: G. Montgomery, M. Pultz-Orthaus, J. Stark, M. Woods NAYS: None ABSTAIN: None ABSENT: P. Davis-Dye

APPROVAL OF THE MINUTES OF THE ANNUAL MEETING HELD MAY 20, 2015 No discussion took place.

Commissioner Woods MOVED to approve the Annual Meeting Minutes of the meeting held May 20, 2015. Commissioner Montgomery SECONDED the motion, and upon voice vote the motion was adopted:

AYES: G. Montgomery, M. Pultz-Orthaus, J. Stark, M. Wood:; NAYS: None ABSTAIN: None ABSENT: P. Davis-Dye

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APPROVAL OF THE PREVIOUSLY PAID LIABILITIES FROM MAY 21, 2015 THRU JUNE 11, 2015 A discussion of the preJiously paid liabilities took place.

Commissioner Montgomery MOVED to approve the Previously Paid Liabilities from May 21, 2015 thru June 11, 2015. Commissioner Woods SECONDED the motion and upon roll call the motion was adopted.

AYES: G. Montgomery, M. Pultz-Orthaus, J. Stark, M. Woods NAYS: None ABSTAIN: None ABSENT: P. Davis-DyE

RESOLUTIONS A. Resolution No. 2015-20: Collection Losses Write Off June 2015


A YES: G. Montgomery, M. Pultz-Orthaus, J. Stark, M. Woods NAYS: None ABSTAIN: None ABSENT: P. Davis-Dye

B. Resolution No. 2015-21: Public Housing Utility Allowances A discussion took~ lace.

Commissioner Stark MOVED to approve Public Housing Utility Allowances effective July 1, 2015.


C. Resolution No. 2015-22 Health Insurance Services for Active Employees and Retirees A lengthy discussic•n regarding the proposed health insurance services for active and retired employees took place.

Commissioner Stark MOVED to allow the Executive Director to enter a contract with the Craft Agency to provide health insurance services for active employees. Commissioner Woods SECONDED the motion, and upon ro I call the motion was adopted.

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Following an in-depth discussion the board agreed to approve hsurance services Proposal 1 A, instead of Proposal 3A, as originally submitted for approval by staff.

AYES: M. Pultz-Orthaus, J. Stark, M. Woods NAYS: G. Montgomery ABSTAIN: None ABSENT: P. Davis-Dye

Commissioner Stark MOVED to allow the Executive Director to enter a contract with the Craft Agency to provide health insurance services for retired employees. Comrr issioner Woods SECONDED the motion, and upon roll call the motion was adopted.

Following an in-depth discussion, the board agreed to approve insurance services Proposal 1 R, instead of Proposal 2R, as originally submitted for approval by staff for n state retirees. There were no changes to the proposed services for out of state retirees from the previous year.


DIRECTOR'S REPORTS Staff gave reports on the following categories:




D. Move Outs

E. Vacant Unit Turnaround

Executive F. SB Income Statement

G. PH Income Statement




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15-06-07 OTHER BUSINESSS The agency' SEMAP scores were reviewed and discussed.

Vice-President Stark MOVED to adjourn. Commissioner Montgomery SECONDED. All members of the board were in favor of adjournment.

The Regular Meeting on June 17, 2015 adjourned at 1:22pm.

~;t"S~~ Patricia Tyus Executive Director

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Jackson Housing Commission Minutes of the Annual Meeting

May 20, 2015

The Jackson Housing Commission's Annual Meeting was held on May 20, 2015, in the Reed Manor Community Room. Vice-President Stark called the meeting to order at 12:55pm. Upon rol call, the following commissioners were present: Gerald Montgomery, James Stark, Patricia Davis-Dye, and Michell~ Woods. Upon roll call, the following commissioner was absent: Michelle Pultz-Orthaus.


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WELCOME Vice-President Stark provided opening remarks.


OTHER BUSINESS A letter was read on behalf of President Pultz-Orthaus explaining the reason for her absence and discussing her willingness to serve if nominated for office.

NOMINATION OF OFFICERS The nominations for President took place and the results were as follows: Commissioner Montgomery nominated Michelle Pultz-Orthaus. Commissioner Davis-Dye nominated Michelle Woods

Upon roll call vote, the results were as follows: Michelle Pultz-Orthaus AYES: M. Woods, J. Stark, G. Montgomery

NAYS: P. Davis-Dye, ABSTAIN : None ABSENT: M. Pultz-Orthaus

The nominations for Vice-President took place and the results were as follows: Vice-President Stark nominated Commissioner Davis-Dye. Commissioner Montgomery nominated Commissioner Woods.

Upon roll call vote, the results were as follows: Patricia Davis-Dye A YES: M. Woods, J.Stark

NAYS: Patricia Davis-Dye, G. Montgomery

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Michelle Woods

ABSTAIN: None ABSENT: M. Pultz-Orthaus


Jackson Housing Commission Officers 2015-2016 President Michelle Pultz-Orthaus Vice-President Michelle Woods

ANNUAL REPORT Patricia Tyus presented the Annual Report.

Vice-President Stark moved to adjourn lhe Annual Meeting. All members of the board were in favor of adjournment.

The Annual Meeting on May 20, 2015 adjourned at 1:26pm.

atricia Tyus Executive Director

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Jackson Public Art Commission Meeting Minutes for June 23, 1015

5:30 p.m. 10th floor Conference Room, City Hall

161 W. Michigan Ave

Commission Members In Attendance: City Manager Patrick Burtch; Derek Dobies, Jackson City Council; Stacy Harrison, Artist/Filmmaker; Doug Jones, Artist/Educator; Thomas McMillen-Oakley, Jackson College Art Professor; Sheila Troxel, JPAC Secretary, Chairwoman of the Arts and Cultural Alliance and Janet Meyer, JPAC Chair and Marketing Director at KidzArt. Excused: Amy Reimann, Executive Director of Ella Sharp Museum 1. CALL TO ORDER by Chair at 5:30 p.m. 2. SPECIAL REQUEST TO PRESENT City Attorney Bethany Smith 3. PUBLIC COMMENT No public attendance 4. APPROVAL OF CONSENT AGENDA

Review of the June 2, 2015 Minutes Tom McMillen-Oakley requested correction of the spelling of his name. On a motion to accept minutes with corrections from Tom McMillen-Oakley, second by Sheila Troxel. Motion passed unanimously.

5. ACTION ITEMS a. Election of JPAC Secretary. Motion made by Derek Dobies to recommend Sheila Troxel to the position of Secretary.

Motion seconded by Doug Jones. Motion passed unanimously b. Nominations of JPAC’s ex-officio members.

1. Review of the Vision /Mission Statement. 2. Review of letters of intent and applications of nominees. 3. Election of new JPAC’s new ex-officio members. Motion made by Stacy Harrison to nominate

Kim Hastings, 3 year term Seth Duimstra, 2 year term Sydney Hawkins, 1 year term

Motion seconded by Doug Jones. Motion passed unanimously.

c. Set monthly meeting day and time Meeting scheduled for the third Tuesday of each month. Next meeting will be July 21, 2015 at 5:30 p.m.

5. DISCUSSION ITEMS Motion was made to table remaining agenda items until the next meeting by Janet Meyer. Motion was seconded by Sheila Troxel. Motion passed unanimously 6. ADJOURN Motion to adjourn by Sheila Troxel. Motion seconded by Doug Jones. Motion passed unanimously.

1 Jackson Public Arts Commission – Meeting Minutes for June 23, 2015

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JACKSON CITY COUNCIL MEETING MINUTES

July 14, 2015

CALL TO ORDER: The Jackson City Council met in regular session in the City Hall and was called to order at 6:33 p.m. by Mayor Jason C. Smith. PLEDGE OF ALLEGIANCE–INVOCATION:

The Council joined in the pledge of allegiance. The invocation was a moment of

silence for personal prayer offered by Arlene Robinson, 1st Ward City Councilmember. ROLL CALL: Present: Mayor Jason C. Smith, Councilmembers Arlene Robinson, Kimberly Jaquish, Daniel P. Greer, Laura Dwyer Schlecte, Andrew R. Frounfelker, and Derek J. Dobies – 7. Absent: 0. Also present: City Manager Patrick Burtch, City Attorney Bethany Smith, Deputy Chief of Police John Holda, NEO City Engineer Jon Dowling, City Assessor David Taylor, Planning & Zoning Director Chris Atkin, Treasurer/Clerk Andrew J. Wrozek, Jr. AGENDA: Motion to approve the agenda by Councilmember Greer and seconded by Councilmember Robinson. The agenda was adopted and approved by voice vote. CITIZEN COMMENTS: Public comment time was opened. Comments were heard and the meeting resumed. PRESENTATIONS/PROCLAMATIONS:

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Distressed Property Presentation:

Citizen Interaction Design (CID) Students, University of Michigan, gave a presentation on the Distressed Property Report which will be on the City’s website.

PETITIONS & COMMUNICATION (Accept & Place on File):

A. Public Arts Commission Meeting Minutes for June 2, 2015: Accept and place on file the Public Arts Commission meeting minutes for June 2, 2015.

B. Ella W. Sharp Park Board of Trustees: Accept and place on file correspondence from the Parks, Recreation and Grounds Director advising of a vote made by Ella Sharp Park Board of Trustees, to honor Gerald Rand as an Emeritus Ella Sharp Park Board Member, during their meeting on June 24, 2015.

C. Michigan Housing Development Authority (MSHDA) Correspondence – Otsego Hotel: Accept and place on file correspondence from the Michigan Housing Development Authority (MSHDA) regarding the designation of the Otsego Hotel to be listed in the National Register of Historic Places.

Motion to remove item B. for separate consideration by Councilmember Greer and seconded by Councilmember Dobies. Motion was carried by voice vote.

Motion to accept item A. and C. and place on file by Councilmember Greer and

seconded by Councilmember Dobies. Discussion occurred. Council member Greer called for the question. Motion was carried by voice vote.

Motion to accept and place on file item B. by Councilmember Frounfelker and

seconded by Councilmember Schlecte. Discussion occurred. The motion was carried by voice vote.

CONSENT CALENDAR: A. Minutes of the Regular Meeting on June 23, 2015:

Approve the minutes of the regular City Council meeting of June 23, 2015.

B. Human Relations Commission Ex-Officio Appointment: Consider the Mayor’s recommendation to appoint Simon Foster to the Human Relations Commission as an ex-officio member, in accordance with the Human Relations Commission recommendation.

3 7/14/2015

C. Ella W. Sharp Park Board of Trustees Appointment:

Approve the Mayor’s recommendation to appoint Joan Campau to the Ella W. Sharp Park Board of Trustees filling a current vacancy beginning immediately, and ending January 31, 2017.

D. Summer Film Series: Approve the request from the Downtown Development Authority to conduct their first Annual Summer Film Series on July 17, July 24, July 31, and August 7, 2015, from 7:00 p.m. to 10:00 p.m., in the Horace Blackman Park. (Proper insurance coverage has been received.)

E. Picnic in the Park: Approve the request from the Downtown Development Authority to conduct the annual Picnic in the Park on July 21, July 28, August 4, August 11, August 18, and August 25, 2015, from 12:00 p.m. to 1:00 p.m. in the Bucky Harris Park. (Proper insurance coverage has been received.)

F. Eastside Reunion: Approve the request from the Eastside Reunion Committee to conduct their annual Eastside Reunion on August 8, 2015, at 10:00 a.m., at Rotary Park. (Contingent upon receipt of proper insurance coverage.)

G. Foundry August Race Weekend Party: Approve the request from the SC Enterprise Group, LLC, to conduct their first annual Foundry August Race Weekend Party on August 14, and August 15, 2015, from 9:00 p.m. until 2:00 a.m., at the City of Jackson Parking Lot #9. (Contingent upon receipt of proper insurance coverage.)

H. Jackson Civil War Muster: Approve the request from the Jackson Civil War Society to conduct their annual Jackson Civil War Muster on August 22, 2015, at 9:00 a.m., until August 23, 2015, at 6:00 p.m., at Cascades Park. (Contingent upon receipt of proper insurance coverage.)

I. Jackson Family Fall Festival: Approve the request from St. John Family Fall Festival to conduct their annual Jackson Family Fall Festival on September 18, 2015, from 3:00 p.m. to 12:00 a.m., September 19, 2015, from 12:00 p.m. to 12:00 a.m., and September 20, 2015, from 12:00 p.m. to 6:00 p.m., on the grounds of St. John Elementary School property. (Contingent upon receipt of proper insurance coverage.)

J. Glow Run 5k:

4 7/14/2015

Approve the request from Fitness Council of Jackson to conduct their annual Glow Run 5k on November 7, 2015, at 7:00 p.m., at Ella Sharp Park. (Contingent upon receipt of proper insurance coverage.)

K. CDBG and HOME Financial Statements through May 31, 2015: Receive the Community Development Block Grant (CDBG) and HOME Financial Summaries through May 31, 2015.

L. Engineer’s Report for Wisner Street Rehabilitation: Receive the Engineer’s Report for street rehabilitation on Wisner Street from 200 feet south of Argyle Street to Boardman Road and establish August 11, 2015, at the City Council meeting as the time and place to hold a public hearing of necessity.

Moved by Councilmember Frounfelker and seconded by Councilmember Dobies to remove Item 8 G for separate consideration. Motion was approved by voice vote.

Consent Calendar items without G were moved for approval by Councilmember

Schlecte and seconded by Councilmember Greer. Discussion occurred. Motion approved by voice vote.

Motion to approve Item G amended with conditions and considerations by

Councilmember Greer and seconded by Councilmember Schlecte. Discussion occurred. Letters were received. The motion was approved by the following vote. Yeas: Mayor Smith and Councilmembers Robinson, Jaquish, Greer, Schlecte, and Dobies – 6. Nays: Councilmember Frounfelker – 1.

PUBLIC HEARINGS:

A. 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program:

Public hearing regarding the use of $25,049.00 in FY 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) funds by the City for equipment purchases.

1. Authorize the City Manager to sign a Memorandum of

Understanding with Jackson County identifying the City as the grant fiscal agent and the entity eligible to utilize the allocated funds.

Moved by Councilmember Dobies and seconded by

Councilmember Greer. The motion was approved by the following vote. Yeas: Mayor Smith and Councilmembers Robinson, Jaquish, Greer, Schlecte, Frounfelker and Dobies – 7. Nays: 0.

B. Industrial Facilities Exemption Certificate Application - Elm Plating Company, 1319 S. Elm Street:

5 7/14/2015

Public hearing on the application filed by Elm Plating Company, located at 1319 S. Elm Street, for an Industrial Facilities Exemption Certificate. 1. Adopt a resolution approving an application for an Industrial

Facilities Tax Exemption Certificate (IFEC) for Elm Plating Company. Public hearing was opened by Mayor Smith. Comments were received. Public hearing was closed.

Moved by Councilmember Dobies and seconded by Councilmember Greer. Discussion occurred. The motion was approved by the following vote. Yeas: Mayor Smith and Councilmembers Robinson, Jaquish, Greer, Schlecte, Frounfelker and Dobies – 7. Nays: 0.

C. Meterless Parking 2015-2016: Public hearing on the necessity of continuing the meterless parking system in the downtown area for the City for 2015-2016. 1. Consider a resolution determining the necessity of continuing the

meterless parking system, ordering the City Assessor to prepare Special Assessment Roll No. 4257, and establishing August 11, 2015, at the City Council meeting as the time and place to hold a public hearing confirming the meterless parking system assessment roll. Public hearing was opened by Mayor Smith. No comments were received. Public hearing was closed.

Moved by Councilmember Dobies and seconded by Councilmember Frounfelker. The motion was approved by the following vote. Yeas: Mayor Smith and Councilmembers Robinson, Jaquish, Greer, Schlecte, Frounfelker and Dobies – 7. Nays: 0.

*D. ITEM DELETED Street Vacation – Bagley Street:

OTHER BUSINESS: A. Ordinance – Compensation Rates for Administrative & Supervisory

Employees (Second/Final Reading): Recommendation: Final adoption of Ordinance No. 494 establishing compensation rates for administrative and supervisory employees of the City of Jackson.

6 7/14/2015

Moved by Councilmember Greer for final adoption and seconded by Councilmember Dobies. The motion was approved by the following vote. Yeas: Mayor Smith and Councilmembers, Greer, Schlecte, Frounfelker and Dobies – 5. Nays: Councilmembers Robinson and Jaquish. – 2.

B. Ordinance Establishing Compensation Rates for Certain Appointed

Officials (Second/Final Reading): Recommendation: Final adoption of Ordinance No. 495 establishing compensation rates for certain appointed officials of the City of Jackson.

Moved by Councilmember Green for final adoption and seconded by Councilmember Frounfelker. The motion was approved by the following vote. Yeas: Mayor Smith and Councilmembers, Robinson, Greer, Schlecte, Frounfelker and Dobies – 6. Nays: Councilmembers Jaquish. –1.

NEW BUSINESS.

A. Fee Resolution – Two (2) Year Non-Owner Occupied Residential

Property Registry and Inspection Cycle: Recommendation: Approve a resolution that places a maximum sum on the amount of late fees that can accrue for failing to register a Non-Owner Occupied Residential Property, and keeps the remaining fees necessary to implement the two (2) year Non-Owner Occupied Residential Property Registry and Inspection Cycle the same.

Moved by Councilmember Green and seconded by Councilmember Dobies. The motion was approved by the following vote. Yeas: Mayor Smith and Councilmembers Robinson, Jaquish, Greer, Schlecte, Frounfelker and Dobies – 7. Nays: 0.

B. Fee Resolution – Three (3) Year Non-Owner Occupied Residential

Property Registry and Inspection Cycle: Recommendation: Approve a resolution that places a maximum sum on the amount of late fees that can accrue for failing to register a Non-Owner Occupied Residential Property, and keeps the remaining fees necessary to implement the three (3) year Non-Owner Occupied Residential Property Registry and Inspection Cycle the same.

Moved by Councilmember Greer and seconded by Dobies. The motion was approved by the following vote. Yeas: Mayor Smith and Councilmembers Robinson, Jaquish, Greer, Schlecte, Frounfelker and Dobies – 7. Nays: 0.

7 7/14/2015

C. Selective Traffic Enforcement Program (STEP) Budget Amendment: Recommendation: Approve a resolution amending the FY 2014-2015 Budget to reflect receipt of the Selective Traffic Enforcement Program (STEP) grant.

Moved by Councilmember Greer and seconded by Frounfelker. The motion was approved by the following vote. Yeas: Mayor Smith and Councilmembers Robinson, Jaquish, Greer, Schlecte, Frounfelker and Dobies – 7. Nays: 0.

D. Resolution – Budget Amendment for Housing Code Enforcement Fund:

Recommendation: Approve a resolution amending the Housing Code Enforcement Fund for FY 2014-2015.

Moved by Councilmember Greer and seconded by Councilmember Dobies. The motion was approved by the following vote. Yeas: Mayor Smith and Councilmembers Robinson, Jaquish, Greer, Schlecte, Frounfelker and Dobies – 7. Nays: 0.

E. Resolution – Fire Truck Lease – Purchase Agreement:

Recommendation: Approve a proposed resolution related to the Fire Truck Lease – Purchase Agreement.

Moved by Councilmember Frounfelker and seconded by Councilmember Greer. Motion was withdrawn. Motion made to remove mayor as negotiator and approve the resolution by Councilmember Greer and seconded by Frounfelker. The motion was approved by the following vote. Yeas: Mayor Smith and Councilmembers Robinson, Jaquish, Greer, Schlecte, Frounfelker and Dobies – 7. Nays: 0.

F. Resolution – Budget Amendment, Personnel & Labor Relations:

Recommendation: Approve the proposed resolution amending the FY 2014-2015 Personnel & Labor Relations budget.

Moved by Councilmember Frounfelker and seconded by Greer. The motion was approved by the following vote. Yeas: Mayor Smith and Councilmembers Robinson, Jaquish, Greer, Schlecte, Frounfelker and Dobies – 7. Nays: 0.

G. Resolution – Proposed Reimbursement for Pearl Street Parking Lot

Project: Recommendation: Approve a proposed reimbursement resolution for parking lot project.

8 7/14/2015

Moved by Councilmember Frounfelker and seconded by Councilmember Schlecte. The motion was approved by the following vote. Yeas: Mayor Smith and Councilmembers Robinson, Jaquish, Greer, Schlecte, Frounfelker and Dobies – 7. Nays: 0.

H. Resolution – Budget Amendment – AHB and Purchasing Activities:

Recommendation: Approve a proposed resolution amending the budget for the Administrative Hearings Bureau (AHB) and Purchasing activities.

Moved by Councilmember Dobies and seconded by Councilmember Greer. The motion was approved by the following vote. Yeas: Mayor Smith and Councilmembers Robinson, Jaquish, Greer, Schlecte, Frounfelker and Dobies – 7. Nays: 0.

I. Resolution – The Tony Open as a Nonprofit Organization:

Recommendation: Approve a resolution recognizing the Tony Open as a nonprofit organization operating in the community for the purpose of obtaining charitable gaming licenses.

Moved by Councilmember Greer and seconded by Councilmember Frounfelker. The motion was approved by the following vote. Yeas: Mayor Smith and Councilmembers Robinson, Jaquish, Greer, Schlecte, Frounfelker and Dobies – 7. Nays: 0.

J. Transfer City-Owned Property at 511 S. Webster to Community Action

Agency: Recommendation: Authorize the transfer of City-owned property at 511 S. Webster for the sales price of $1.00 to Community Action Agency, and for the Mayor to sign all documents necessary to close the transaction, subject to minor modifications and approval by the City Attorney.


K. Donation of 15 Vacant Lots from the Jackson County Treasurer:

Recommendation: Accept a donation of 15 vacant lots from the Jackson County Treasurer.

Moved by Councilmember Greer and seconded by Councilmember Dobies. The motion was approved by the following vote. Yeas: Mayor Smith and Councilmembers

9 7/14/2015

Robinson, Jaquish, Greer, Schlecte, Frounfelker and Dobies – 7. Nays: 0.

L. Bid Award for Mill and Overlay of US-127BR/M50 (South Cooper) Bridge over the Grand River: Recommendation: Approval of the bid award of the contract to mill and overlay the US-127BR/M50 (South Cooper) Bridge over the Grand River to the American Asphalt, Inc., of Lansing, in the amount of $49,357.00, and authorize the Mayor and City Clerk to execute the appropriate document(s), in accordance with the Purchasing Agent.

Moved by Councilmember Greer and seconded by Councilmember Dobies. The motion was approved by the following vote. Yeas: Mayor Smith and Councilmembers Robinson, Jaquish, Greer, Schlecte, Frounfelker and Dobies – 7. Nays: 0.

M. Change Order 1 – 2015 Parking Lot Construction:

Recommendation: Approve Change Order 1 to the contract with Bailey Excavating, Inc., in the decreased amount of $158,683.35, and authorize the City Manager and City Engineer to execute the appropriate document.


N. 416 N. Jackson Street Lease:

Recommendation: Approve the Lease between the City of Jackson and Jackson Community Ambulance, Inc., for a portion of 416 N. Jackson Street; authorize the Mayor and Clerk to execute the Lease, and the City Attorney to make minor modifications if needed.

Moved by Councilmember Frounfelker and seconded by Councilmember Greer. The motion was approved by the following vote. Yeas: Mayor Smith and Councilmembers Robinson, Jaquish, Greer, Schlecte, Frounfelker and Dobies – 7. Nays: 0.

O. Parking Lot Improvement Agreement:

Recommendation: Approve the Parking Lot Improvement Agreement between the City of Jackson and the County of Jackson.

10 7/14/2015

Moved by Councilmember Dobies and seconded by Councilmember Greer. Motion was amended to include any minor and major modifications to the agreement made by the city attorney. Moved by Councilmember Dobies and seconded by Councilmember Greer. The motion was approved by the following vote. Yeas: Mayor Smith and Councilmembers Robinson, Jaquish, Greer, Schlecte, Frounfelker and Dobies – 7. Nays: 0.

P. Personnel Policy Modifications:

Recommendation: Approve the modifications to the City of Jackson Personnel Policy.

Moved by Councilmember Greer and seconded by Councilmember Dobies. The motion to approve the modifications was made by voice vote. Motion carried. Additional modification presented, motion was amended to include modifications to the Wellness Program language to a gym of their choosing in an amount up to their actual cost but to not exceed $30 per month, Strike YMCA to read gym of their choosing. The motion was approved by voice vote. Motion carried.

Q. Resolution – Budget Amendment, Parks, Recreation and Cemeteries:

Recommendation: Approve the proposed resolution amending the budget for Parks, Recreation, and Cemeteries.

Moved by Councilmember Frounfelker and seconded by Councilmember Greer. The motion was approved by the following vote. Yeas: Mayor Smith and Councilmembers Robinson, Jaquish, Greer, Schlecte, Frounfelker and Dobies – 7. Nays: 0.

R. Fire Station 2, 1906 S. Milwaukee Lease:

Recommendation: Approve the Lease between the City of Jackson and Jackson Community Ambulance, Inc., for real property located at 1906 S. Milwaukee, Fire Station 2, authorize the Mayor and City Clerk to execute the Lease, and the City Attorney to make minor modifications if needed.


CITY COUNCILMEMBERS’ COMMENTS

MANAGER’S COMMENTS

11 7/14/2015

ADJOURNMENT: No further business being presented, motion was made by Councilmember Dobies and seconded by Councilmember Greer to adjourn. Motion carried. Mayor Smith closed the meeting at 8:31 p.m. Andrew J. Wrozek City Treasurer/Clerk

*Item Deleted.

From: To: Subject: Date:

Richs2180

Jonathan Greene; Nathan Mack

Resignation

Friday, May 15, 2015 7:02:16 AM

Please accept this as my official resignation from the DDA and Economic Restructuring board effective June 26, 2015.

Thank you

Rich Sneary

Sent from my iPhone

Office of Mayor Jason C. Smith

CITY OF JACKSON

CITY COUNCIL MEETING August 11, 2015

MEMO TO: City Councilmembers

FROM: Jason C. Smith, Mayor J ~ i DATE: August 5, 2015

SUBJECT: Downtown Development Authority

RECOMMENDATION:

161 W. Michigan Ave. Jackson, MI 49201

Phone: (517) 788-4028 Facsimile (866) 384-1772

Approval of the Mayor's recommendation to appoint Allan Hooper to the Downtown Development Authority to fill a current vacancy beginning immediately and ending March 29, 2016.

In accordance with City Code Section 2-401 providing for creation of Authority pursuant to Act 197 of the Public Acts of 1975, adopted 3/22/77 and City Commission resolution adopted 11/26/91. Members are appointed by the Mayor subject to Council confirmation, for four year terms. The Mayor serves during term of office. The Board shall consist of 13 members, with at least seven having an interest in downtown district property, and at least one member a resident of the downtown district, including the Midtown Association president.

It is my recommendation to appoint Allan Hooper to the Downtown Development Authority to fill a current vacancy beginning immediately and ending March 29, 2016.

JCS:skh

APP-CC

Office of the Mayor

161 W. Michigan Avenue - Jackson, MI 49201 Telephone: (517) 788-4028 - Facsimile: (517) 768-5820

CITY OF JACKSON BOARD/COMMISSION APPLICATION

ZIP:

HOME PHONE: SI 7 7~21 'f,31 z.. oTHERPHoNE: _5,7z Zf't 3 S:.5-:-5-

E-MAIL ADDRESS: . £.btJr.ev ... ~!d..)L4'11dl:)c c:v;q occuPATION: &e11t?m1 C-. At/e-la17er

COMMUNITY INVOLVEMENT

4 :ec_te6,;-e-2>;re<=-for --f~~uYJ /l-nc:_hor /;vh4-/rv-~

Are you a registered voter? ____ Ward? ____ _

Which Board or Commission(s) are you interested in?

I. 2>1.?Lu;1.IZ>Le.;0 P-eve~£JIJ!en-f' 2. Mi-J-h,>r1 N ti - ----------

.I 3. ----------- ---List additional information you feel may be pertinent to board or commission

!vt111 e£v,,~ lii~ctJ 4n.t:f-e...f2€v;euc~ ~.;; L 47Y 1!11..o/ 11 -er

Feel free to attach any infonnation. (Resume, press clippings)

APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR.

3-:/-1.5: Signature of Applicant 7 Date


CITY OF JACKSON



FROM: Jason C. Smith, Mayor JC5

DATE: August 5, 2015

SUBJECT: Civil Service Commission

RECOMMENDATION:


Phone: (517) 788-4028 Facsimile (866) 384-1772

Approval of the Mayor's recommendation to reappoint Sheila Patterson to the Civil Service Commission for a three year term, beginning September 1, 2015, and ending August 31, 2018.

In accordance with City Code, Sec. 2-301, Charter Section 7.7, the Mayor appoints with Council confirmation, five members to three year terms. The members must have been registered electors in the City for at least two years.

It is my desire, therefore, to reappoint Sheila Patterson to the Civil Service Commission for a three year term, beginning September 1, 2015, and ending August 31, 2018.

JCS:skh

City of Jackson Boar d/Commission Application

Name: ~fl£ I Lf-J fA-rr£ lf.So,J

Address: 13Q LAzvf( E2AJ C'C_ $T Zip: tf920J

Home Phone: (S\1) "1'60 -J9(o8' Other Phone: (c; \ 1) 1 Z8-Vis13

e-mail address: Ql\.e.J (1,,, • .oJi-t::rsCn~/)ccupation: Sg Gu9 sp~-rGisc-1[ t arn~vay .coM . . Ctfh.J_.uvner.s f5hre_3.lL, .

Commumty Divolvement/Activity . :J tJ-cjs Oil fV1_1:. Zf !( z.(J J

See. A-~~ rA.. Tc.t cj<s. Uy> Coll e. 9 <- Board a f-1 ri1S f e e5

Are you a registered voter? y f:-5 . Ward? \.o ·1):r: eJ .UL\ 2._

Which Board or Commission(s) are you interested in? ·

11VJl'\e \ft,)Q 1. Gv IL. ~ifVlCt Comrn1-""s:.-.!s'-!-, o=-· V'l ______ _

3. --------- --- --List additional inf!:ation Y?U feel ;nay be pertinent to board or commission

S e e _ tfa,cnee\- ·

Feel free to attach any information. (Resume, press clippings)

APPLICATION WILL BE KEPT ON FILE_FOR ONE YEAR .

JJuJ~P~ Signature of Applicant Date I /

Please return to Mayor's Office, City ofJackson, 161 W. Michigan Avenue, Jackson, MI 49201

Summary

Sheila Patterson 732 Lawrence St.

Jackson, MI 49203 (517) 780-7968

sapatterson(/1),cmsenern:y.com

• Self-motivated professional, able to make and implement decisions and set effective priorities to achieve both immediate and long-term performance goals.

• Excellent interpersonal communication, problem solving skills, organization, and time management skills, excel in assuring customer needs are met; strong service orientation.

• Skilled at problem resolution in a fast-paced environment. • Action oriented with the ability to work closely with staff members at all levels of organization. • Collaborative work style and the ability to work independently or in a team setting. • Proficient in Microsoft Office Applications (Word, Excel, PowerPoint); and have the ability to

quickly learn and develop proficiencies in miscellaneous applications and databases. • "Champion" Business Plan Deployment Implementation for Business Services • Strong service backgro und.

Professional Experience

Consumers Energy, Jackson, MI

August 2013 - Present Business Services, Fleet, Performance Excellence Lead

• Business Plan Deployment Lead • Embedded Quality Efforts and Departmental Initiatives • Culture of Continuous Improvement, Implementation and Coaching of Quality Systems and

tracking and reporting results • Engaging, Enabling and Empowering employees to solve problems and own the solutions • Lean and Six Sigma, Innovation, Business Planning Deployment, and other Methodologies • Kaizen Events "Good Change" ' SCORE Events

May 20 I I - Present Business Services, Administrative Operations Supervisor - Management Systems Support, Facilities Ops. Center & Admin. Services

• Responsibility for the day to day operations and activities of the Management Systems Support Team employees to ensure successful end user support, business process improvements, business reporting, technology project support, audits, job aids and training, system security and access, database development and maintenance, master data integrity, capital work order close-out, and hardware procurement and inventory. Also, provide oversight for and actively participate as a liaison between Business Services and BTS.

• Responsibility for the day to day operations of the Business Services Support Center formerly known as the Faci lities Operations Center (FOC) including aligning with Business Services management to develop the processes, job aids and training that support the successful completion of work and services provided to the Corporation by Business Services. Responsible for ensuring the receipt of service requests, scheduling of maintenance work and close out of all facilities operations work orders, as well as the creation and disposition of a portion of security, real estate and fleet requests. Responsible for on-call activities for all after hour' s facilities requests.

• Responsibility for the day to day operation and activities of the adminish·ative support persormel to plan and coordinate all administrative support activities that enable the success of all departments within Business Services.

.. Coaching, counseling and developing subordinates.

January 2011 - May 2011 Business Services, Corporate Security, Regulatory Management

• Help to strengthen state and federal regulatory activities, including influencing legislation that wil l impact company operations.

August 2006 - January 20 11

May 2004 -

Business Services, Facilities Operations, Health, Safety and Environmental • Serve as the focal point for facility related health, safety and environmental compliance

issues statewide. • Assist Property Supervisors statewide with the identification and resolution of

governmental and regulatory compliance related issues, including MIOSHA, and other health and safety regulations.

• Provide assistance to Property Supervisors in conducting self-audits, emergency dri lls, presentations, and associated training activities.

• Work closely with Field Environmental Coordinators, Health and Safety Consultants and Internal Auditors to clarify Company position and compliance with agency requirements.

August 2006 Business Support Consultant, Meter Technology Center • Served as the focal point for facility related health, safety and environmental compliance

issues for Meter Technology Center (MTC). • Assisted fac ilities, safety, and environmental departments to ensure internal self-audits

are performed and ensure timely completion of activities for MTC. • Provided assistance to facilities in conducting self-audits, emergency drills, presentations,

and associated training activities for MTC. • Worked closely with Environmental Coordinator and Health and Safety Consultant to

clarify Company position and compliance with agency requirements.

January 2002 -April 2004

• •

•

•

•

•

•

Rates Analyst Implemented all pricing changes and ensure accurate billing of special contracts . Administered contracts to maximize revenues allowable under contract provisions while maintaining existing customer base. Supported multiple training initiatives encompassing business practices and company policies. Implemented tariff revisions ordered by the appropriate state legislative entity before the required date. Detern1ined the effects of legislative orders and coordinate the appropriate company response among affected departments. Developed proposed tariff language revisions and serve as ultimate interpreter of company tariffs governing pol icies and procedures. Attended the Univers ity of Wisconsin-Madison, School of Business, completed AGA Gas Rates Fundamental Course

Education

Certification

Recognition/ Awards

Civic/Community Memberships

Masters in Business Administration, May 2001 Emphasis in Management Spring Arbor University, Spring Arbor, MI Bachelor of Arts, May 1993 Spring Arbor College, Spring Arbor, MI Major: Business Administration

Driver Education Certification, May 2000 Central Michigan University, Mt. Pleasant, MI

Jackson Community College

• MLK Medal of Service Award Recipient, 2013

National Association ofNegro Business and Professional Women's Club -Jackson Club • Community Service A ward, 2009

Consumers Energy Foundation • Board of Directors. 2007 - 2009

Minority Advisory Panel .. Prism A ward for Exemplary Diversity Achievements, 2005

Jackson Business & Professional Women's Organization o Young Careerist Nominee, 2004

Greater Jackson Chamber of Commerce • Jackson Community Leadership Academy, 2004

Consumers Energy: CMS (Community Minded Services) Club

• Member, 2002 - current • Chair Community Services, 2008-10 • President, 2003-04 • Vice-President, 2002-03

WAP (Woman's Advisory Panel), 2004 - 2007 (3 year term)

AABE (American Association of Blacks in Energy), 2002 - Present • Michigan Chapter Board of Directors, 2014 • Vice-President, 2008 -2014 • Secretary, 2006 - 2008 (2 year tenn) • Assistant Secretary, 2004 - 2006 (2 year term) • Chair Michigan Chapter Scholarship Committee, 2006-Present • National Scholarship Committee Co-Chair, 2006 - Present

Jackson Community College Board of Trustees Appointed 2008 - 2009 Elected 2009 - 20 15 ( 6 year term)

• Board Secretary Elected 201 5 -2021 (6 year tenn)

Jackson Community Foundation Board, 2009 - Present

Jackson Public S chool Board of Education 2004 - 2008 ( 4 year term) Re-elected 2008 - 2012 ( 4 year term)

• President, 2012 • Vice-President, 2006 - 2011 • Secretary, 2004 - 2006 • Communi ty Relations Committee Chair

Committee Member, 2006 - 2012 Parks and Recreation Commission

Board Member, term renewed 2006 - Present Civi l Service Commission, City of Jackson

Board Member, 2002 - 2006 • Family Services and Child Aide • Honorary Board Member, 2006 - present

Board Member, 2003 - 2007 Salvation An11y

At-Large-Executive Committee Member, 2008 - 20 10 NAACP

Attend St Ma ry 's Catholic Church 120 E. Wesley St. Jackson, Ml 49201

Available upon request


CITY OF JACKSON



FROM: Jason C. Smith, MayorJ cs


SUBJECT: Jackson District Library Board of Trustees

RECOMMENDATION:


Phone: (517) 788-4028 Facsimile (866) 384-1772

Approval of the Mayor's r ecommendation to reappoint Beverley McGill to the Jackson District Library Board for a four year term beginning August 24, 2015, and ending August 23, 2019.

Pursuant to the provisions of Act 24 of the Public Acts of 1989, City/County District Library System resolution adopted August 23, 1977, and the City/County amendment dated January 4, 1993, a seven member voting board is appointed serving four-year terms. Three members appointed by City Council, three members appointed by County Commission and *seventh member appointed alternately by City and County.

It is my desire, therefore, to reappoint Beverley McGill to the Jackson District Library Board of Trustees for a four year term beginning August 24, 2015, and ending August 23, 2019.

JCS:skh

City of Jackson Board/Commission Application

Name: J-sE: Ve& \04 }\. C 6~ \ l

Address: l \ 0 3 L\..'N vo,...) ~

Home Phone: 5 \ "=t- - 4 l 4- :}-Cf 33 Zip: 1 '1 LD3

Other Phone: ~~~~~~~~-

e-mail addreSs: 0\ <j ~ l \ b i;,,r ~ li.,iiu.{ .(to, Occupation: "fl.!J!J> ]w, D: Yei:\.. Community Involvement/ Activity

Are you a registered voter? -~_......et\~-~ Ward? ~ .

Which Board or Commission(s) are you interested in?

List additional information you feel may be pertinent to board or commission

Feel free to attach any information. (Resume, press clippings)

APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR

I .

; \ ..... \ J ; l

: . "~ !/.i/, H\ ' ~?cc; Signature o{Ap~11cant

I Date

Please return to Mayor's Office, City of Jackson, 161 W. Michigan Avenue, Jackson, MI 49201

Jackson Downtown Development Authority

CITY COUNCIL MEETING

August 11, 2015 August 4, 2015

MEMO TO: Honorable Mayor and City Council Members FROM: Nathan Mack, Executive Director SUBJECT: Special Event Application: Jackson Walk to Cure Diabetes RECOMMENDATION: Approval of the request from Juvenile Diabetes Research Foundation to conduct their annual Jackson Walk to Cure Diabetes on September 12th at 8 a.m. at Ella Sharp Park. Insurance is pending approval. DEPARTMENTAL APPROVAL SUMMARY Approvals noted below by each department indicate they have been made aware of the request and the capacity of their department has been met. Conditions of their approval and special considerations are noted. Department Approval Denial Economic Impact

Police

x $300

Fire

x $0

Engineering

x $0

Public Works

x $150

Recreation

x $0

DDA

x $0

$450 Conditions and Considerations: None. Insurance Status: Pending approval. att: Special Event Application: Jackson Walk to Cure Diabetes NM/EB

Please complete this application in accordance with the City of Jackson Special Events Policy, and return it to the Office of the City Clerk at least 30 calendar days before the first day of the event.

Sponsoring Organization's Legal Name: JUVENILE DIABETES RESEARCH FOUNDATION

Organization Address: 4595 BROADMOORAVE. SE. STE 230 KENTWOOD. Ml 49512

Organization Agent._· .....,M....,,IK,,,,,E,,_W...,,.,_,IL:.:.S..,,O ..... N~--------- Title: LOGISTICS

Phone: Work 517-474-4495 Home ________ _ During event 517-474-4495

Agent's Address: 1595 BAPGLEY RD JACKSON.Ml 49203

Agent's E-Mail Address: [email protected]

Event Name: JACKSON WALK TO CURE DIABETES

Please give a brief description of the proposed special event" TO HELP RAISE AWARENESS ANO PONATIONS TO HELP FIND A CURE FOR DIABETES

9/12/2015 Event Day(s) & Date(s).:....: ------------Event Time(s): BAM TO 12 PM

Set-Up Date & Time._: 9=/_,_1"""1/=20.._1,_,,5.__ __________ Tear-Down Date & Time: 9/12/2015 12 TO 1:30 PM

Event Location: ELLA SHARP PARK(NEAR THE PLAYGROUND) ----------------------------------

ANNUAL EVENT: Is this event expected to occur next yea©o How many years has this event occurred? 17 YEARS

MAP: {a) If your event will use streets or sidewalks (for a parade, run, etc.) or will use multiple locations, please attach a complete map showing the assembly and dispersal locations and the route plan. (b) Show any streets or parking lots that you are requesting to be blocked off, and location of vendors, if any. A final map, if different, must be provided seven (7) days before the event. (c) Please show an emergency vehicle access lane.

STREET CLOSURES: Start Date/ Tim8'9/12/2015@ 9:45 AM through Date/ Time: 9/12/2015 11 :15 AM

RESERVED PARKING: Are you requesting reserved parking? YES ~ If yes, list the number of street spaces, Ctty lots or locations where p~ requested:

VENDORS: Food Concessions? YES ~ other Vendors? YES@

DO YOU PLAN TO HAVE ALCOHOL SOLD/SERVED AT f HIS EVENT? YES ® If yes, are liquor license and liquor liability insurance attached? YES NO

If yes, what time? ---------------=until

ATTENDANCE: What is the expected (estimated) attendance for this event? NO RAIN 1500-2000 RAIN 300-400

AMUSEMENT: Do you plan to have any amusement or carnival rides? YES ,7o) If yes, you are required to obtain a permit through the City Clerk's Office. ~

REST ROOMS: Are you planning to provide portable rest rooms at the event? ~NO If yes, how many?_-><-----As an event organizer, you must consider the availability of rest room facil~ng this event. Consideration should be made regarding the type of event, the length of time it will be held, the number of people, etc. You must determine the rest room facilities in the immediate area of the event venue and then identify the potential need for portable facilities. Remember to identify accessible facilities for ADA requirements as well.

OTHER REQUESTS: (i.e., Police Department assistance, Fire Dept., street closures, electrical, etc.) NEED POLICE TO ASSIST WITH STREET CLOSURE (MAP A TI ACHED)

ROAD CLOSED BARRICADES lF POSSIBLE

INSURANCE: All sponsors of special events must carry liability insurance with coverage of at least $500,000. An event sponsor must provide a valid certificate of insurance naming the City of Jackson as an additional insured party on the policy. A sponsor of a Low Hazard event may request that City Council waive the insurance requirement and execute a Hold Harmless and Indemnification Agreement. This event qualifies consideration for Low Hazard because:

CERTIFICATION AND SIGNATURE: I understand and agree on behalf of the sponsoring organization that: A Certificate of Insurance must be provided which names the City of Jackson as an additional named insured party on the policy or

I am requesting that City Council waive the insurance requirement for this Low Hazard Event as identified in paragraph above related to insurance, and l have executed the Hold Harmless and Indemnification Agreement on behalf of the event sponsor.

All food vendors must be approved by the Jackson County Health Department, and each food or other vendor must provide the City of Jackson with a Certificate of Insurance which names the City of Jackson as an additional named insured party on the policy.

The approval of this special event may include additional requirements or limitations, based on the City's review of this application. Applicants who fail to clean up and repair damages to the Event Area may be billed for City services and such failure will be

considered for future applications. As the duly authorized agent of the sponsoring organization, I am applying for approval of this Special Event, affirm the above

understandings, and agree that my sponsoring organization will comply with the terms of the written confirmation of approval, and all other City requirements, ordinances and other laws, which apply to this Special Event. By signing this Special Event Application, I declare I am 21 years of age or older.

07/07/2015

Date

RETURN THIS APPLICATION at least thiny (30) days before t e first day of the eve to: CITY CLERK'S OFFICE , A TIN: ANGEU ARNOLD 161 W. MICHIGAN AVENUE , JACKSON, MI 49201

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MEMO TO: Honorable Mayor and City Council Members FROM: Nathan Mack, Executive Director SUBJECT: Special Event Application: MIA/POW Vigil RECOMMENDATION: Approval of the request from the Vietnam Veterans of America Chapter 109 to conduct their annual MIA/POW Vigil on September 18th starting at 3 p.m. and end on September 19th at 3 p.m. at the Withington Veterans Park. Insurance is pending approval. DEPARTMENTAL APPROVAL SUMMARY Approvals noted below by each department indicate they have been made aware of the request and the capacity of their department has been met. Conditions of their approval and special considerations are noted. Department Approval Denial Economic Impact

Police

x $0

Fire

x $0

Engineering

x $0

Public Works

x $0

Recreation

x $0

DDA

x $0

$0 Conditions and Considerations: They will be having a small fire in Withington Park. Fire

department is aware and recommends approval (See attached). Insurance Status: Pending approval. att: Special Event Application: MIA/POW Vigil NM/EB

CITY OF JACKSON SPECIAL EVENT APPLICATION

Downtown Development Authority - 161 W. Michigan Avenue - Jackson, Ml 49201 (517) 768-6410

Please complete this application in accordance with the City of Jackson Special Events Policy, and return it to the Office of the Downtown Development Authority at least 30 calendar days before the first day of the event.

.. .f. . / / ·f ' /I / ''i, Sponsoring Organization's Legal Name:lfW..-9#' f/£/Eif?Al/S cf IJtn<fA.!ei'/ L<AA/1/c-7? /P9 ,

Organization Address: :~f.5.W ... ~Nf£·&/J>T ~~ 4/__r. ¢t:foc/ /ibx//7c?</ . / ff ·---Organization Agent ~~ ....._)C /Je1-;· c::/ Title: ---"b.&..~==--Wi._,__,_.s'-=t/-"-;R=·=c'l?'-'----------

Phone: (~.~/7~a20k--:£2.Y·;Phone: (home}5'/7-5.:;/:..9'/:r'?hone: (during the event).S/7-,?o&.. -. t;'/J7

Agent's Address f?sJf't::!'@..ufi G.em B/- ~A. ~1° ~b~ / ; . . .

Agent's E-Mail Address ,,,,V/9ff4-£S @.~1/;d'tf.r (f-:;i??J7

EventName /J't;(.A,/?t9~ P~/ Please give a brief description of the proposed special event

4 7l , ~ . ~ ·'1;7J' ..

ANNUAL EVENT: Is this event expected to occur next year? (circle one) c§l') NO How many years has this event occurred? tX0 ±

MAP: (a) If your event will use streets or sidewalks (for a parade, run, etc.) or will use multiple locations, please attach a complete map showing the assembly and dispersal locations and the route plan. (b) Show any streets or parking lots that you are requesting to be blocked off, and location of vendors, if any. A final map, if different, must be provided seven (7) days before the event. (c) Please show an emergency vehicle access lane.

STREET CLOSURES: Start Date/Time ____ /L4_ tJ_M_'tf ____ through Date/Time: ________ _

RESERVED PARKING: Are you requesting reserved parking? YES ~ If yes, list the number of street spaces, City lots or locations where parking is requested:

VENDORS: Food Concessions? YES <ff%;J Other Vendors? YES WPD DO YOU PLAN TO HAVE ALCOHOL SOLD/SERVED AT THIS EVENT? YES qjJj) If yes, please attach liquor license and liquor liability insurance.

If yes, what time? until------- ----- ------

CITY OF JACKSON SPECIAL EVENT APPLICATION, Page 2 Downtown Development Authority 161 W. Michigan - Jackson, Ml 49201 - (517) 768-6410

ENTERTAINMENT: Are there any entertainment features related to this event? YES @) If yes, provide an attachment listing all bands/performers, type of entertainment, and performance schedule.

ATTENDANCE: What is the expected (estimated) attendance for this event? -~~~- ,....tJ_·_-_d_D ______ _

§) AMUSEMENT: Do you plan to have any amusement or carnival rides? YES If yes, you are required to obtain a permit through the City Clerk's Office.

REST ROOMS: Are you planning to provide portable rest rooms at the event?~ NO It yes, how many? _ ___ _ As an event organizer, you must consider the availability of rest room facilities during this event. Consideration should be made regarding the type of event, the length of time it will be held, the number of people, etc. You must determine the rest room facilities in the immediate area of the event venue and then identify the potential need for portable facilities. Remember to identify accessible facilities for ADA requirements as well.

OTHJ{?REQUESTS: (i.e., Police Department assistance, Fire Dept., street closures, electrical, etc.) . -fl'E

INSURANCE: All sponsors of special events must carry liability insurance with coverage of at least $500,000. An event sponsor must provide a valid certificate of insurance naming the City of Jackson and Downtown Development Authority as an additional insured party on the policy, tor the specified event.

CERTIFICATION AND SIGNATURE: I understand and agree on behalf of the sponsoring organization that: A Certificate of Insurance must be provided which names the City of Jackson as an additional named insured

party on the policy. A $25 Special Event Application fee must be submitted along with this Special event Application. All food vendors must be approved by the Jackson County Health Department, and each food or other

vendor must provide the City of Jackson with a Certificate of Insurance which names the City of Jackson as an additional named insured party on the policy.

The approval of this special event may include additional requirements, limitations, or fees, based on the City's review of this application.

Applicants who fail to clean up and repair damages to the Event Area may be billed for City services and such failure will be considered for future applications.

As the duly authorized agent of the sponsoring organization, I am applying for approval of this Special Event, affirm the above understandings, and agree that my sponsoring organization will comply with the terms of the written confirmation of approval, and all other City requirements, ordinances and other laws, which apply to this Spe_cial Event. By signing this Special Event Applica_'9A:tl-aec13.' I a 21 / l,a, of •97,1'' Jjl•r. 7-a,~-&.tJ{) ~· .U

Date Signa'(ure of Spon~;,~Organization's Agent

RETURN THIS APPLICATION at least thirty (30) days before the first day of the event to: DOWNTOWN DEVELOPMENT AUTHORITY

161 W. MICHIGAN AVENUE JACKSON, Ml 49201

2

1

Erika Bullock

From: Nathan MackSent: Wednesday, July 29, 2015 4:21 PMTo: Erika BullockSubject: FW: SEA - MIA/POW VigalAttachments: SEA - MIA-POW Vigal.pdf

Please add this email from David Wooden to the MIA‐POW Vigil when you do the CC memo for the SEA. Note that he has recommended approval for the fire on public property. Thanks, Nate

From: David Wooden Sent: Wednesday, July 29, 2015 4:18 PM To: Nathan Mack Subject: FW: SEA - MIA/POW Vigal Nate, Here is the SEA where the Veterans would like to have a small fire during their 24 hr Watch. It’s in Withington Park and they will comply with all the provisions in the Ordinance. They just want permission since it’s on Public Property. Let me know if this meets your needs and you can even put on the Application That I recommend the authorization of this request.

David D. Wooden Deputy Fire Chief Jackson Fire Department 518 N Jackson St. Jackson, MI. 49201 517‐788‐4150

From: Erika Bullock Sent: Monday, July 27, 2015 8:48 AM To: Todd Knepper; Christopher Simpson; David Wooden; Bob Dietz; Nathan Mack; Kelli Hoover Subject: SEA - MIA/POW Vigal Good morning, I hope everyone had a great weekend! Attached to this email is the SEA for the Vietman Veterans of America Chapter 109’s annual MIA/POW Vigal from 3 p.m. on September 18th until 3 p.m. on September 19th. Tear down will be complete by 3 p.m. on September 19th. I plan to have this on the agenda for August. Thank you,

Erika Bullock

2

DDA Assistant Jackson Downtown Development Authority (517)768‐6411

[email protected]




MEMO TO: Honorable Mayor and City Council Members FROM: Nathan Mack, Executive Director SUBJECT: Special Event Application: Oktober Fest RECOMMENDATION: Approval of the request from the YMCA to conduct their annual Oktober Fest on September 25th from 5 p.m. to 11 p.m. and September 26th from 2 p.m. to 8 p.m. on W. Wesley between S. Jackson St. and Mechanic. Insurance is pending approval. DEPARTMENTAL APPROVAL SUMMARY Approvals noted below by each department indicate they have been made aware of the request and the capacity of their department has been met. Conditions of their approval and special considerations are noted. Department Approval Denial Economic Impact

Police

x $0

Fire

x $0

Engineering

x $0

Public Works

x $200

Recreation

x $0

DDA

x $0

$200 Conditions and Considerations: None. Insurance Status: Pending approval. att: Special Event Application: Oktober Fest NM/EB



I Date Received By DOA Office: _______ Time: _____ By:

Please complete this application in accordance with the City of Jackson Special Events Policy, and return it to the . ;J r

Office of the Downtown Development Authority at least 30 calendar days befo~e the f~rst day of the event. (M, iJ.vepS4 ,p Sponsoring Organization's Legal Name: V111r k /'$T fAt! {__f'l 'T/Q-1 rl ;f v, $r. l\/)M L/~ ~/ill Organization Address: / ~ l , /J<l S /t!_ L / T I

. J I "' Organization Agent l t J<._ /, t---6ro r' Title : e D Vm c_ A-Phone: (work) St?~ 1td-05 3 P? one: (home) Phone: (during th!even&!_? - }Db ' 3 { 16 Agent's Address n (_ k (!_, :J A-c k s '° r' ViYl c A ' 0 (2... (;-

Agent's E-Mail Address / d- 1 IJ · AJef)/e l4 5/: 0Al)1~/\, M 7- If~ ()O I Event Name ~C~:::J_,_t~'fl_O ~6-{_~. -~(2__~{e_$A1-_· __ / ____ ,....----,,.·______, __

Event Location

ANNUAL EVENT: Is this event expected to occur next year? (circle one) ~ NO How many years has this event occurred? ________ _

MAP: (a) If your event will use streets or sidewalks (for a parade, run , etc.) or will use multiple locations, please attach a complete map showing the assembly and dispersal locations and the route plan. (b) Show any streets or parking lots that you are requesting to be blocked off, and location of vendors, if any. A final map, if different, must be provided seven (7) days before the even,t/ c) Pleas~ show an emergency vehicle acces~ lane. _

STREET CLOSURES• Start Date/Time q; ,;,;s 1), ?cJ /ll'l'1 through DatcJfime• ~( h 5 Not>IJ r I

RESERVED PARKING: Are you requesting reserved parking? YES ~ If yes. list the number of street spaces , City lots or locations where parking rs-requested:

VENDORS: Food Concessions? YES @ Other Vendors? YES NO

~ NO DO YOU PL.AN TO HAVE ALCOHOL SOLD/SERVED AT THIS EVENT?

If yes, what time? 5 11/ \ ,._ / 't' P ~ 7/¢.'7 n~I If yes, please attach ljµ1:1or license an~ liquor liabili~~ · s//,u ance.

I d' :Ni flf\ £ : 00 f/VI 9P-b/!~

CITY OF JACKSON SPECIAL EVENT APPLICATION, Page 2 Downtown Development Authority 161 W. Michigan - Jackson, Ml 49201 - (517)768-6410

ENTERTAINMENT: Are there any entertainment features related to this event? ~ NO If yes, provide an attachment listing all bands/performers, type of entertainment, a~rformance schedule.

ATTENDANCE: What is the expected (estimated) attendance for this event? _....,.(1...-"-,QfJll~__.1}'1~-t)-//_/_,_-+----AMUSEMENT: Do you plan to have any amusement or carnival rides? YES ~ If yes, you are required to obtain a permit through the City Clerk's Office.

REST ROOMS: Are you planning to provide portable rest rooms at the event7.€Y NO If yes, how many? ~ As an event organizer~u must consider the availability of rest room facilities during this event. Consideration should be made regarding the type of event, the length of time it will be held, the number of people, etc. You must determine the rest room facilities in the immediate area of the event venue and then identify the potential need for portable facilities. Remember to identify accessible facilities for ADA requirements as well.

OTHER REQUESTS: (i.e., Police Department assistance, Fire Dept. , street closures, electrical, etc.)

INSURANCE: All sponsors of special events must carry liability insurance with coverage of at least $500,000. An event sponsor must provide a valid certificate of insurance naming the City of Jackson and Downtown Development Authority as an additional insured party on the policy, for the specified event.






As the duly authorized agent of the sponsoring organization, I am applying for approval of this Special Event, affirm the above understandings, and agree that my sponsoring/ organization will comply with the terms of the written confirmation of approval, and all other City requirements, ordi~ances and o!Jr laws, which apply to this

Speci~lr; By i~n6is Special Event Application, I dec1a{e ~1 y U,'°~or_o_i_d_er_. _ __ _

Date ' { Sigfrture of Sponsoring Organization's Agent



2




MEMO TO: Honorable Mayor and City Council Members FROM: Nathan Mack, Executive Director SUBJECT: Special Event Application: Public Rosary RECOMMENDATION: Approval of the request from the Queen of the Miraculous Medal Church to conduct their annual Public Rosary at the Riverwalk Amphitheater on October 18 from 2 p.m. to 3 p.m. in the Bucky Harris Park. Insurance is pending. DEPARTMENTAL APPROVAL SUMMARY Approvals noted below by each department indicate they have been made aware of the request and the capacity of their department has been met. Conditions of their approval and special considerations are noted. Department Approval Denial Economic Impact

Police

x $0

Fire

x $0

Engineering

x $0

Public Works

x $0

Recreation

x $0

DDA

x $0

$0 Conditions and Considerations: None Insurance Status: Pending att: Special Event Application: Public Rosary NM/EB



Date Received By ODA Office: __ 7-'-"'-/ ...... ·8 · r--/.....,12--~- Time: =07 px? By: cf,g


Sponsoring Organization's Legal Name:Oue erJ a Si -the. tn1RB4u )011 s mecltt. I CJ,an::.Ji

Organization Address: ~ o I, \.S lc.J/ 5/J~ S-1- . .;Jfick SaN

Organization Agent'kky /;matby a1 eCJ>"t11tl JI 517

Title : ----+/3-''f}.~s .... -1--'a.L..L.r _ _______ _

Phone: (work)S/7-783-~2ghone: (home) ?R3-~7</0 Phone: (during the event) _ ____ _

Agent's Address la Q k '9 l.1J l5tJe& S-f · ~cksl)A} /

Agent's E-Mail Address ..PcT:m@ guee..a S Cho ccJ,,_,. c.a rn EventName _ ___.~~il~~h~/~1~'c~_=-t?_._~o~S~fi;..&.....L:RyV'--------------------~

I

Please give a brief description of the proposed special event: _._fl--""'-_.b""--'/LL-j =c..::..__8f-4',e ..... .µf}._y,.__,,_f!"""'rL--___,S"'"--'e=.1....t'_..ll'-"-'' 'c.=----e-

EventDay(s)&Date(s) \...'3or.Jdav Oc.+aber US ,201£ r J ;

EventTime(s) dl .' atJ - 3 'Od f .m I

Set-Up Date & Time /()-18- Ir; J/,' 3a f}«J Tear-Down Date & Time __L..l/0£__,-l'-"i'----''--'5'-----+/./-'Scl.o2'!<J-J:.f7::....!r?1~·

Event Location 2/ J e..R. (1) e I k llm /)/; i l:)e11te r v

ANNUAL EVENT: Is this event expected to occur next year? (circle one) ~ NO How many years has this event occurred? q l../e,91!:2

(

MAP: (a) If your event will use streets or sidewalks (tor a parade, run, etc.) or will use multiple locations, please attach a complete map showing the assembly and dispersal locations and the route plan. (b) Show any streets or parking lots that you are requesting to be blocked off, and location of vendors, if any. A final map, if different, must be provided seven (7) days before the event. {c) Please show an emergency vehicle access lane.

STREET CLOSURES: Start DatefTime --- ------through DatefTime: --- -------

RESERVED PARKING: Are you requesting reserved parking? YES (ff§;> If yes, list the number of street spaces, City lots or locations where parking 1s requested :

VENDORS: Food Concessions? YES ~ Other Vendors? YES @ DO YOU PLAN TO HAVE ALCOHOL SOLD/SERVED AT THIS EVENT? YES <fjffi If yes, please attach liquor license and liquor liability insurance.

If yes, what time? until---- --- - -------- - -

CITY OF JACKSON SPECIAL EVENT APPLICATION, Page 2 Downtown Development Authority 161 W. Michigan - Jackson, Ml 49201 - (517) 768~6410

ENTERTAINMENT: Are there any entertainment features related to this event? YES (ii) {})o /tz. . If yes , provide an attachment listing all bands/performers, type of entertainment, and performance schedule. /7J US ,,c.,

ATTENDANCE: What is the expected (estimated) attendance for th is event? /~() - c26d

AMUSEMENT: Do you plan to have any amusement or carnival rides? YES @ If yes, you are required to obtain a permit through the City Clerk's Office.

REST ROOMS: Are you planning to provide portable rest rooms at the event? YES @ If yes, how many? ____ _ As an event organizer, you must consider the availability of rest room facilities during this event. Consideration should be made regarding the type. of event, the length of time it will be held, the number of people, etc. You must determine the rest room facilities in the immediate area of the event venue and then identify the potential need for portable facilities. Remember to identify accessible facilities for ADA requirements as well.

OTHER REQUESTS: (i.e., Police Department assistance, Fire Dept., street closures, electrical, etc.)



party on the policy. A $25 Special Event Application fee must be submitted along with this Special event Appl ication. All food vendors must be approved by the Jackson County Health Department, and each food or other


The approval of this special event may include add itional requirements, limitations, or fees , based on the City 's review of this application.


As the duly authorized agent of the sponsoring organization, I am applying for approval of this Special Event, affirm the above understandings, and agree that my sponsoring organization will comply with the terms of the written confirmation of approval, and all other City requirements, ordinances and other laws, which ly to this

Specien\~~Y s~~g this Special Event Applicali~~ I ~ ye s of ag or older. ~

Jate 1 Signature of Sponsorin



2




MEMO TO: Honorable Mayor and City Council Members FROM: Nathan Mack, Executive Director SUBJECT: Special Event Application: 11th Annual Jackson Walk to Cure Lupus RECOMMENDATION: Approval of the request from the Michigan Lupus Foundation to conduct their 11th annual Jackson Walk to Cure Lupus on August 29th from 12 p.m. to 3 p.m. at Ella Sharp Park. Insurance is pending. DEPARTMENTAL APPROVAL SUMMARY Approvals noted below by each department indicate they have been made aware of the request and the capacity of their department has been met. Conditions of their approval and special considerations are noted. Department Approval Denial Economic Impact

Police

x $0

Fire

x $0

Engineering

x $0

Public Works

x $0

Recreation

x $0

DDA

x $0

$0 Conditions and Considerations: None Insurance Status: Pending att: Special Event Application: 11th Annual Jackson Walk to Cure Diabetes NM/EB



j Date Received Sy ODA Office:------- Time: _____ By:


sponsoring Organization's Leg a I Na me: lv'i '1 CYl ; 9 CJ(-, L.LJ P'- ;:.:.:. Fbu ()Ci o"i-1 Ori

organization Address: ·2qy3·a SOLHr1-6e1c;L file· 2LQ) :iJLtttrDe\tj 1 Ml 4~0-76

organization Agent Bnttoe:-1 B::rc==t Title: Noqc. Of Public Re,1c1-h(Jns Phone: (work) fCC)..j CF) -l.ct?r--=ft,one: (home) Phone: (during the event) 5?:1..c .. 7 i3'. ·'-'! c~ '3

Agent's Address--===---------------------------

Agent's E-Mail Address CT i-thJe:-4 d) ('(Y1 I l, \ p Lt 'S . 0 19 EventName ·1 l-t:b A(ltlUOI 0aGl.~v-) L;~Cl\\L- -to Cuce Lup;...,lS

Event Day{s) & Date(s) 6 crtur d·a~; Augu:'.")± 2q-;ti

Event Time(s) 12 : QQ \XD - '3 '. 00 pro Set-Up Date & Time I \"·:cc; 0 en Tear-Down Date & Time O', :.3() pm Event Location Ell 0 6horp f=brK:..

ANNUAL EVENT: Is this event expected to occur next year? (circle one) ~ NO How many years has this event occurred? I l 'iCCl(:S

MAP: (a) If your event will use streets or sidewalks (for a parade, run, etc.) or will use multiple locations, please attach a complete map showing the assembly and dispersal locations and the route plan. (b) Show any streets or parking lots that you are requesting to be blocked off, and location of vendors, if any. A final map, if different, must be provided seven (7) days before the event. (c) Please show an emergency vehicle access lane.

STREET CLOSURES: Start DaterTime through DaterTime: ---------

RESERVED PARKING: Are you requesting reserved parking? YES ~ If yes, list the number of street spaces, City lots or locations where parking is requested:

VENDORS: Food Concessions? ~ NO other Vendors?

DO YOU PLAN TO HAVE ALCOHOL SOLD/SERVED AT THIS EVENT?

If yes, please attach liquor license and liquor liability insurance.

YES @ YES G

If yes. what time? ____________ until-----------------

CITY OF JACKSON SPECIAL EVENT APPLICATION, Page 2 Downtown Development Authority 161 W. Michigan - Jackson, Ml 49201 - (517) 768-6410

ENTERTAINMENT: Are there any entertainment features related to this event? YES G.Q) If yes, provide an attachment listing all bands/performers, type of entertainment, and performance schedule .

ATIENDANCE: What is the expected (estimated) attendance for this event? ___ I Ll._.-_,,'"~)__,.\Z-~"-\r··2~1~e~----

AMUSEMENT: Do you plan to have any amusement or carnival rides? YES If yes , you are required to obtain a permit through the City Clerk's Office.

@)

REST ROOMS: Are you planning to provide portable rest rooms at the event? @ NO If yes, how many? ~ , As an event organizer, you must consider the availability of rest room facilities during this event. Consideration should be made regarding the type of event, the length of time it will be held, the number of people, etc. You must determine the rest room facilities in the immediate area of the event venue and then identify the potential need for portable facilities. Remember to identify accessible facilities for ADA requirements as well.







As the duly authorized agent of the sponsoring organization, I am applying for approval of this Special Event. affirm the above understandings, and agree that my sponsoring organization will comply with the terms of the written confirmation of approval, and all other City requirements, ordinances and other la'WS, which apply to this Special Event. By signing this Special Event Application, I declare I ~m 21 years of age or older.

CC>/'-t-/ 15 Date



2

Neighborhood & Economic Operations Building a Stronger Jackson

161 W. Michigan Avenue• Jackson, MI 49201-1303• Facsimile (517) 780-4781

TO:

Building Inspection (517) 788-4012

Code Enforcement (517) 788-4060

Engineering (517) 788-4160


Honorable Mayor and City Councilmembers

FROM: Frank Donovan, Assistant Director

Planning & Economic Development (517) 768-6433

SUBJECT: CDBG and HOME Financial Summaries through June 30, 2015

RECOMMENDATION

To accept and pince on tile the CDBG and HOME Financial Summaries through June 30, 2015.

Attached please find the Financial Summaries for the CDBG and HOME funds for the twelve months ended June 30, 2015.

Cc: Laurie Huff, Grant Coordinator

arv of Jackson Community Development Block Grant

Monmly Anandal Summaiy For the Twelve Months Ended June 30, 2015

T<>lal Funds Expended Actu1I .o.ctual Expended- P@ri;e.nt

Budgetod Prier Year Month- to-Dole Yeair-to-Date l<>-Oate Bala rice 5pont

Public Servicll!!s

King Ceriter Summer Program

FY 2013/201A 45,500 37,103 8,397 45,SOO 100.0%

FY 2014/2D15 45,000 29,905 29,905 15,095 66.5%

AdmlnlJlrJ Ljpn

2 Adm in istr:ati c n & Pia noing

FY 2013/ 2014 131,700 8,585 22,SS2 125,819 134,404 (2,704) 102.1%

FY 20IA/201S 139,000 4,911 4,911 4,911 134 ,089 3.5%

Cm!e Enf e<<ement

City Code En l'orcem@nt • I n.sp!:!ction

FY 2013/ 201A 251!,220 64,744 (11,543) 147,S76 212,3211 4S,900 82.2%

FY 2014/ 2015 131,500 131,500 0.0%

4 City Code En Forcement - Re 1-ia bititcition

FY 2013/2014 1G3,780 51.897 51,897 111,883 31.7%

F'!' 2014/2015 172,000 7,325 70,810 70,810 101,190 41.2%

City Attorney Offi~

FY 2012/2013 52,000 26,5~ 2,291 17,796 44,390 7,610 85.4%

FY 2013/2014 20,000 20,000 0.0%

Houllnc !s:hi!t!l!itation Proj~cll

6 Homeowner R~hi blUr..tron

FY W13/20 IA 221,358 75,227 102,200 177,A.27 43,931 80.2%

FY 2014/2015 77,284 77,284 0.0%

7 Or; E:me~ni:;.y Hitzilrd Repair Progr.am

FY 21113/21114 125,000 73,981 51,019 125,000 100.0%

FY 2014/2D15 150,000 6,002 92,769 92,769 57,231 61.8%

8 City Rehab Administ:~tion (Di!nii:!!d Loal'I$~ 8,000 270 5,180 5,180 2,820 64.8%

Sln!ot Prplect!;

9 Hamilton 174,483 24,608 24,608 149,875 14.1%

10 Vainl!lur-e.n: Steward to B!aii:::ks:tonil!- 3()3,017 28,472 28,472 274,545 9.4%

Other Prolittts

11 Tre• Rernov•l/Replac:<>merrt (FY 2013/2014) 4,000 4,000 0.0%

12 Park. Improvements

FY 2013/2014 323,357 225,290 98,067 323,357 100.()%

FY 2014/201.S 524,985 449,168 449,168 75,817 as.6% Public lmprow-ments

H Demolition Assislaincl! - United Way 10,000 10,000 10,000 10,000 100.0%

14 ~mi;i lition -Neirhborhood Economic Stabll ization

FY 2013/2014 155,000 13,111 141,88\l 155,000 100.0%

FY 2014/2015 185,000 6,A.l\l 165,746 165,746 19,254 89 .6%

15 Resldl!ntial Hi$t-oric: Preservation (2013/2014} 80,129 69,954 69,954 10,175 87.~

NOTE: All funds are FY 2014/.2.015 alloeitions: unless otl"l@rwl~ fndicared

City of Jackson

HOME

Monthfy Financial Summary

For the Twelve Months Ended June 30, 2015

1 Rehabilitation Assistance Program Total Funds FY 2014/2015 Expended Actual Actual Expended- Percent

2 HOME Administration Budgeted Prior Year Month-to-Date Year-to-Date to-Date Balance Spent FY 2014/2015

3 CAA - CHOO Operting Expenses 421,121 ll,BS4 293,970 293,970 127,151 69.8%

FY 2011/2012

FY 2012/2013 27,700 27,700 27,700 100.0%

FY 2013/2014

4 CAA - CH DO Acq/Rehab/Resale 16,000 14,990 1,010 16,000 100.0%

FY 2014/2015 12,500 3,659 4,973 4,973 7,527 39.8%

5 City - Acq/Rehab/Resale 12,500 12,500 0.0%

FY 2013/2014

42,000 42,000 0.0%

40,138 24,312 15,826 40,138 100.0%


161 W. Michigan Avenue • Jackson, MI 49201-1303• Facsimile (517) 780-4781






TO: Honorable Mayor and City Councilmembers FROM: Jon H. Dowling, P.E., City Engineer SUBJECT: Establishment of Public Hearing of Necessity for Street Rehabilitation on Wisner Street from Argyle Street to Boardman Road ______ ESTABLISHMENT OF SEPTEMBER 8, 2015 AT THE CITY COUNCIL MEETING, AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING OF NECESSITY FOR STREET REHABILITATION ON WISNER STREET FROM ARGYLE STREET TO BOARDMAN ROAD. At the July 14, 2015 City Council meeting, the Council receive the City Engineer’s report and established an August 11, 2015 public hearing date for Wisner Street. The ordinance governing special assessments requires that a notice be sent to affected property owners and a notice be placed in the Jackson Citizen Patriot announcing this public hearing date. The required 10-day deadline was not met, and I respectfully request that a new date of September 8, 2015 be established. On May 12, 2012 City Council adopted a resolution to apply for Transportation Economic Development Fund (TEDF) funding for the fiscal year 2013-2014 to rehabilitate Wisner Street. The City was not successful in obtaining funding that year. On May 28, 2013, City Council adopted a resolution for TEDF Category F funding for fiscal year 2014-2015 for Wisner Street that included sidewalk construction in keeping with the City’s Complete Streets policy. The City was awarded $375,000 of TEDF Category F funds for this fiscal year. The deadline to obligate these funds is September 25, 2015. JHD:sms c Andrew J. Wrozek, Jr., City Treasurer/Clerk Lucinda Schultz, Accounting Manager

Philip J. Hones, Purchasing Agent Shelly Allard, Purchasing Coordinator Troy R. White, P.E., Assistant City Engineer T:\2015 Projects\Wisner - Argyle to Boardman\2_DESIGN & PRECON\Public Hearing Re-Est..doc


161 W. Michigan Avenue • Jackson, MI 49201-1303 • Facsimile (517) 780-4781





Page 1 of 1

TO: Honorable Mayor and City Council Members DATE: August 06, 2015 FROM: Chris Atkin, Planning Director SUBJECT: Revocable license for 536 N. Jackson St.

Mr. Marc Daly, Campaign Manager for The United Way of Jackson County has submitted applications for two (2) revocable license’ for the installation of temporary signage at the intersection of W. Michigan Avenue and in front of 823 N. Francis Street. Please see the attached information; all terms and conditions have been met. Att: Application

REVOCABLE LICENSE

THE CITY OF JACKSON, a Michigan municipal corporation, with offices located at 161

West Michigan Avenue, Jackson, Michigan 49201, hereinafter called "Licensor", in consideration

of the terms, conditions and covenants hereinafter set forth, does hereby grant to

L1fo ;~.Ltj {/Jay of' {)ul=ril// (t?tlt14y , a M~igan sole proprietorshi /

partnership/ corporation/ limited liability company, with offices at __.7_.,,..f_~--'--...:;_,....,::i=..:::~-1---..;. --'-5_+_,_,__t_J7._..£_-/-___________ , hereinafter called ''Licensee", this REVOCABLE LICENSE,

RIGHT and PRIVILEGE to construct and maintain upon the City's(Oaf)..t"' / Fmrll i 5 Stree~ r I right-of-way adjacent to t.ieonsec's property described on Attachment 1, commonly known as

6 2) M ~t,Jt//(/f 7b.ae+ , Jackson, Michigan, a ·+-et11/)tl4r/'Y

S t}"k-'1 (hereinafter "structure"). The design, configuration and location of said

structure is more precisely described upon EXHIBIT A, attached hereto and incorporated by

reference, to be occupied and used by Licensee on the Licensor's Street right-of-way described

above, on the terms, conditions, and covenants hereinafter mentioned.

As consideration for this License, Licensee agrees to the following terms, conditions and

covenants:

1. Licensee shall pay Licensor the sum of Twenty Five Dollars ($25.00).

2. Licensee agrees that in the design, construction, installation and maintenance of the structure, and throughout the term of this License, it will comply with the restrictions set forth herein and with all statutes, rules, ordinances and regulations pertaining to said structure.

3. The design, configuration, location and specifications for installation of the structure shall be approved by the City of Jackson Chief Building Inspector in advance of installation of the structure, and, upon installation of the structure, shall not be altered without the express written consent of the Chief Building Inspector.

4. Licensee agrees to keep the structure in good repair and condition at all times.

5. Licensee shall assume all liability for and protect, indemnify, and save Licensor, its officers, employees, agents and contractors, harmless from and against all actions, claims,

demands, judgments, losses, expenses of suits or actions, and attorney fees for injury to or death of any person or persons and loss or damage to the property of any person or persons whomsoever, including the parties hereto, arising in connection with or as a direct or indirect result of Licensee's use of its structure or its exercise of this License, except Licensee shall not be required to indemnify Licensor for injury to persons or damage to property caused by the sole negligence of Licensor.

6. This License is granted subject to any lease, easement, license, or other interest in land heretofore granted or reserved, or which may be granted in the future by Licensor with respect to said Licensor's street right-of-way .

7 . Licensee shall secure and maintain in force during the term of this License a policy of Comprehensive Commercial Liability Insurance, acceptable to Licensor, with a minimum general liability limit of $500,000.00 per occurrence. The policy shall be in the name of Licensee, and shall name the Licensor as additional insured, and shall describe the insured's premises , including the structure as herein above described. The insurer will not cancel this insurance, or change, restrict, or reduce the insurance provided, or change the name of the insureds, without first giving at least ten (10) days written notice to the City of Jackson, City Attorney, 161 West Michigan Avenue, Jackson, Michigan 49201, as evidenced by receipt of certified mail. Licensee shall provide evidence of the existence of such insurance to Licensor's City Attorney prior to Licensor's execution of this License.

8. Upon the sale, conveyance, lease or transfer of Licensee 's property referenced above, this License shall become null and void and Licensee shall, at its sole cost and expense, fully remove the structure and all materials, improvements, structures, or appurtenances pertaining thereto.

9 . This License may be revoked at any time, with or without cause, by Licensor, upon thirty (30) days written notice to the Licensee.

10. Licensee, upon revocation of this License, shall, at its sole cost and expense, fully remove the structure and all materials, improvements, structures, or appurtenances pertaining thereto within thirty (30) days of the date of mailing of a Notice of Revocation.

1 l . If Licensee fails to comply with a Notice of Revocation, Licensor shall take any and all action necessary to remove the structure, which shall be deemed to constitute a nuisance. Licensee shall be invoiced for all removal costs incurred by Licensor. If Licensee fails to satisfy the invoice within the time prescribed on the invoice, the Jackson City Council may cause such removal costs to be levied and assessed as a special assessment upon Licensee's property as provided by the City Charter and the Jackson City Code of Ordinances, and/or Licensor may bring suit against Licensee to recover such costs.

12. All notices given pursuant to this License shall be considered mailed when placed in the United States mail, certified mail, return receipt requested , properly addressed to the parties at the addresses herein set forth, with postage thereon fully paid.

13 . This Revocable License is a personal license, anq shall not be assigned by Licensee .

The parties hereby have executed or caused this instrument to be executed by their duly

authorized representatives, as of the ___ day of _____ _

2

fa\EC\EJ~ED JUL 2 9 20\5

----------LICENSOR: CITY OF JACKSON, a Michigan Municipal Corporation

BY~~~~----~~--~ Jason Smith, Mayor

BY~-----------~ Andrew J. Wrozek, City Clerk

STATE OF MICHIGAN, COUNTY OF JACKSON, SS:

Subscribed and sworn to before me, this __ day of , , by Jason Smith and Andrew J. Wrozek, the Mayor and City Clerk of the City of Jackson, a Michigan municipal corporation, on behalf of the corporation.

Notary Public Jackson County, Michigan My Comm. Exp.: _______ _


Drafted by: Bethany M. Smith City Attorney 161 West Michigan Avenue Jackson, Michigan 49201 (517) 788-4050 C:\REV.LIC - STRUCTURE

Notary Public, Gt ftcti'\..\g ;vi Jackson County,

My Comm. Exp. :-"""''-'-+...,...+-=:..J.----

3

When recorded return to: City Attorney's Office 161 West Michigan Avenue Jackson, Michigan 49201

ExhibitA-1

Cooper and Francis Street near Great Lakes Caring and St. John Elementary from September 8th through November 16th of 2015.

Great Likes Carbig •

Armory Ct

Goodwill · ~ Mer.harnc Store

Jmperlal Auto Sain ii

0 0 0

"'O Cl) ...., (JJ

·""'

z Tl ...... ru :::J Q. 00

(/) -

<6

\ Gibson Pl r[J.

Leroy St

Gibson Pl

~ en (/) ......

() Jatkson Community 0

.~ Federal Credit Union ·. <]., $

Cf)

• 0 J. -··

• +

A. ; A. '

Le

C:o.oqfe E Gans~n ~tc' E Ganson St E Ganson St · · '- ""'clnsc

' .

ExhibitA-2

Sign concept for front and back. Final design and dimension are to be determined. Sign will not be larger that 6 feet high by 3 feet wide.

LIVE UNITED

United Way of Jac.kson County

ACORD(g) CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYY)

~ 7/30/2015

THIS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S}, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODIJCER ~2~~~cr Ka thy Corden

Walton Agency ~.~~HJ~~-"· (517) 787-2600 J rt.~ ... A,. 1s17}787-38S7

2929 Spring Arbor Rd. ~jfn~~i:i:: kcorden@wal tonagency. com

P.O. Box 3029 INSUR.ERISl AFFORDING COVERAGE NAIC#

Jackson MI 49204 INSURER A :Selective Insurance Comoanv of 12572 INSURED INSURER B :Citizens Insurance of America i31534 United Way of Jackson County INSIJRERC:

536 N. Jackson Street INSURERO:

INSURERE: -- -Jackson MI 49201 INSURERF:

COVERAGES CERTIFICATE NUMBER·CL153610453 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS

JNSR lYPE OF INSURANCE LTR 1 ... .,0 1 ... ., ... POLICY NUMBER POLICY EFF POLICY EXP LIMITS IMM/DDNYYYI IMIWDDIYYYYI

GENERAL LIABILITY EACH OCCURRENCE $ 1, ooo, oo.~ -x COMMERCIAL GENERAL LIABILITY ~R~~IS'&~ Y{a<;:;.!,~.!:'.ncel $ 100,000 - D CLAIMS-MADE [ii OCCUR 3/22/2015 A x $2025223 3/22/2016 MED EXP /Any one person) $ 15,000 -

PERSONAL & ADV INJURY $ 1,000,000 -GENERAL AGGREGATE $ 3,000,000 -

GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS · COMP/OP AGG $ 3,000,000

1POLICY1x1 P,t.-A n LOC $

AUTOMOBILE LIABILITY - )E':,~~d~~l~INGl.1: LIMll $ 1 000 000

A ANY AUTO BODILY INJURY (Per person) $ - ALLO~lED - SCHEDULED S2025223 3/22/2015 3/22/2016 BODILY INJURY (Per aociclent) $ - AUTOS - AUTOS

x x NON·OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS lf'er accid~nn - -$

x UMBRELLA UAB HOCCUR EACH OCCURRENCE $ 1,000,000 -

A EXCESSLIAB CL.AIMS·MADE AGGREGATE $ 1,000,009

OED Ix I RETENTION$ ( S2025223 3/22/2015 3/22/2016 $

B WORKERS COMPENSATION x IT~§T~W;,.I 1°w· AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ~

N/A E.L. EACH ACCIDENT $ soo,ooo

OFFICER/MEMBER EXC~UDED? 3/22/2015 3/22/2016 (Mandatory lo NH) nH5234755-07 E.L. DISEASE · EA EMPLOYEl $ 500 000 ~m~~ftirg~ ~1~PERA TIONS below E L. DISEASE ·POLICY LIMIT S 500 000

DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, A<ldltlonal Remarks Schedule, if more space is required) City of Jackson, and their officers, agents and empioyees, are additional insured on general liability.

~· ~(l-

~..-g,,-J{ CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

City of Jackson ACCORDANCE WITH THE POLICY PROVISIONS.

161 w. Michigan Avenue AIJTHDRIZEO REPRESENTATIVE

Jackson, MI 49201

Brian Drwumond/KCORD ~-.... ___ ~ (J. ___ .. _/ ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. IN~02.!i 1?011w;1 n1 Th<> .1>.r.nQO n""'"' ::lnrt ll\NI\ "''"' roni<>torort m"rlt., nf .1>.r.n~n

= ----~ ·--= -=

--

ELITEPAC General Liability Extension

Social Services

COMMERCIAL GENERAL LIABILITY CG72 1 70 7 14

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Thrs endorsement modifies the insurance prov i rh~d under the follow ing·

COMMERCIAL GENERAL UAOILITY COVERAGE PART

The SECTIONS o f the Commcrcic. I Genera l Liabi li ty Covcra !)e Part 1cleoi ified in this en<forsenwnl will LI•.:: ameodad as shown below. But . when two or more Cove rage Parts of lhis policy apply to a loss , only llll~ broadest coverage of !his pol icy w ill apply, unless srieciJi cally slated 0 !1Hi1wise w ithin l he parlicu lar arnt;)11dn10n1 covering Iha! loss.

COVERAGES· Amendments

SECTION I • COVERAGE A 80011. Y INJURY AND PROPERTY DAMAGE LIABILITY

EXCLUSIONS

Limited Rental Lease Agreement Con·tradu al Liability

The rollowing is added lo Exclusio n b . Contractual Llabllity under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE L lA.BtUTY, 2 . E.xclusions:

(3) At the named insurctl 's request at the l ime of a cla im. we will reimburse the named insured for damages arising out or ·'bodily injury " or .. r roper1y dam age " that the named insured is obli gated lo pay by rca~on of the assumpt ion of liabi lity in a written contruct or writrc n agreement regarding the re ntal or lecisc of a pre mises on be hair o r the named insured 's cl i<::nt.

a. The most we will pay under !his oxclusion O)(Ception is a sub-tlmit o f $50 ,000 per occurrence.

b. This exclusion ext:epl ion on ly appl ies to ;.J

r&ntal o r lease agreement.

c. The insurance provided by tl1is exclu sion exception is excess aver any other va lid ancl rolfcct ib lc insurance avai lable to the d icnl. whether primary . excess, contingenl o r on ;:iny other basis.

Employer's Liability Amendment

The following is ad ded lo Exclusion e. Employer 's Uabllity unl'.Jer COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LlA.BILITY , 2. Exclusions:

This exclusion atsu does not apply to any "temporary worker".

Non-Owned Ai reran, Auto or W.atercralt

A. Pnragraph (2) of Exclusio n g. Aircraft, A uto Or Watercraft under COVERAGE A BODi. Y INJURY AND PROPERTY DAMAGE LlA.BILITY, 2. Exclusions is deleted in its enl i raty and rnplac:cd w ith the ro11owing:

(2) A waterc;n11l you do 1101 own that is:

(a) Ltiss tli an 26 feet long and not bein!J used to ca r ry persons o r !Jroperly for a charge: or

(b) Al least 26 feel. but less than 130 feel lonrJ. and no l be inu u~cd to cany person or property lor a charge. Any person is afl insured who uses or is responsit)lc for 111e use of such watercra ft with your expressed o r implied consent. Howcvur. if the insured has any other valid ancl collectible iHsur<.inco for "bodi ly injury" or "prop erty damage" ttwt would be covered under this provision, o r on any Ol hcr basis , th is coveri:iye i s lhcn ex cess. and subject to Condition 4. Olher Insur a nee, b . Excess Insurance under SECTION N • COMMERCIAL GENERAL LIABILITY CONDITIONS,

B. Thi; following is added to Exclus ion g. Aircraft. Auto Or Watercraft WHier COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITT , 2. h elusion.s:

This ex clusion does not apr1ty to:

{ 6} Any ai rcraft , r1 ()l ow11ed or operated hy any insured. which is hired, cf1a11£Hecl or· loaned will1 a paid cn~w. However, if tl1t1 insured llas any other v•~l id arid c:ollecti l>te insurn nrn fa r "bouily injury .. or "prop1~rty d CJm age" th<tt woulcl be eoverod under H1is provision, o r on any o ther bas ii.>. th i~ covcratie is lhE:n ex· ccss. and subject lo Condition 4. Other Insurance, b. Excess ln>UTance under SECTION r./ - COMMERCIAL GEN ERAL UABIUTY CONDITIONS.

otfJ!fUbl. .ttri~

Copyright, 2014 Selective Insurance Com pa11y u ' America . All rights res erved .. Include$ copyrighted material of Insurance Sl?rvice!l Ofricc, lnc . . wi th its pcmrnssion

CG 72 17 07 14 Page 3 of B

INSURfD'S COPY

Damage To Premises Rented To You

A. The last paragraph of Paragraph 2. Exclusions under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE is deleted In its entirety and replacecl with the following:

Exclusions c. through n. do nol apply to damage by fire, lightning or explosion to premises renled to you or temporarily occupied by you wilh lhe permission or the owner. A separate limit of insurance applies to this coverage as described in SECTION Ill· LIMITS OF INSURANCE.

B. Paragraph 6. under SECTION Ill • LIMITS OF INSURANCE is deleled in its entirely and replaced w11h the following:

6. SLibjecl lo Paragraph 5. above, lhe most we will pay under COVERAGE A for damages because or "property damage" lo any one premises, while rented to you, or in the case of damage caused by lire, lightning or explosion, while rented to you or lemporarily occupied by you with permission of the owner, for all such damage caused by fire. lightning or explosion proximately caused l::ly the same event. whether such damage results from lire, lightning or explosion or any combination of the three, is the higher or $1,000 ,ODO or the amount shown in the Declaralions for the Damage To Premises Rented To You Umil.

c. Paragraph a. of De fin illo11 9. '·1 nsLired contract" under SECTION V - DEFINITllONS is deleted in its e11tirety and replaced with the following:

a. A contract for a tease of premises, However, thal portion of tile contract ror a lease of premises that indemnifies any person or organization for damage by fire. lighlning or explosion to premises while rented lo you or temporarily occupied by you with the per* mission of the owner is not an "insured contract":

SECTK>N I • COVERAGE 8 PERSONAL AND ADVERTISING INJURY LIABIUTY

EXCLUSIONS

Contractual E11clu5Jon Amendment

Exclusion e, Contractual Liability under COVERAGE B PERSONAL AND ADVERTISING INJURY, 2, Exclusions is deleted in its entirely and replaced with the following:

e, Contractual Llabllity

"Personal and advertising Injury" for which ttie insured has assumed liability in a contract or agreement arising out of an "advertisement". This e)(cluslon does not apply to liability for damages thal the insured would ~Jave in the absence of the contract or agree me nl.

SECTION I· COVERAGE C MEDICAL PA'YMENTS

EXCLUSIONS

Any Insured Amendment

Exclusion a. Any Insured under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deletecl in its entirety and replaced with the following:

a. Any Insured

To any insured, except "volunteer workers" or "not- for-prom members".

This exclusion exception does not apply it' COVERAGE C MEDlCAL PAYMENTS fs excluded by another endorsemenl to lhis Coverage Part

Product Amendment

f)(clusion f, Products-Completed Operations Hau.rd under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deleted in its e nli rely a rrd replac(!d with the following:

f. Products·Completed Operations Hazard

Included within the "products*complet~d operations hazard",

This exclusion does not apply to "your producls" sold for use or consumption on your premises, while such products are still on your premises, if you are a not-for* profit operation,

This exclusion excepllon does not apply ii COVERAGE C MEOtCAL PAYMENTS is excluded by another endorsement to this Coverage Part

SECTION I - SUPPLEMENTARY PAYMENTS -COVERAGES A AND B Expenses For Ball Bonds And Loss Of Earnings

A. Subparagraph 1.b. of SUPPLEMENTARY PAY· MENTS - COVERAGES A AND B is deleted in its entirely and replace<J with the following:

b. Up to $5 ,000 for cost or bail llonds required because of accidents or trart1c law violations arising out or lhe use or any vehicle to which Bodily Injury Liability Coverage applies. We do not have lo furnish these bonds.

B. Subparagraph 1.d. of SUPPUMENTARY PAYMENTS· COVERAGES A AND B is deleted in ils entirely and replaced with the following:

d. All reasonable expenses inc1ured by the insured at our request to ass.isl us in the investigation or defense of the claim or "sLiit", including actual loss or earnings up lo $1,000 a day because of time off from work.

Copyright, 2014 Seleclive Insurance Company of America_ All rights reserved. Includes copyrighted material of lnsorance Services Office, tnc., with tis permission.

CG 72 17 07 14 Page 4 of B

J:NSUREDfS COPY

!!!!!! -

-!!!!I!!!!!!!! -= --

Limited Legal Expense for Innocent Insureds

The following is added under SUPPLEMENTARY PAYMENTS· COVERAGES A AND B:

J, We Will reimburse you, at your request, for !'easonable and necessary defense costs, excluding any fines or penallies, !fiat you incur In the defense of an "employee" who is directly in11olved in a criminal proceeding. but only if:

a. The acts out or whkh such criminal charges arise are alleged to have:

(1) Arisen out of and in the course of your employmenl of the "employee"; and

{2) Taken place during the policy period and in the "ca11erage territory''; .o nd

b. All the criminal charges are either dismissed with prejudice or your "employee" is found not guiily of alt criminal charges by a court or law,

The most we will pay under this provision is a sub-limit of $25,000, subject to an aggregate limit of $25,000 for all reimbursements !hal we make during the policy period on behalf of all "employees", regardless of the number of "em· ploye es", claims or "suits•· brought or persons or organizations ma kl ng claims or bringing "suits".

SECTtoN II - WHO lS AN INSURED ·Amendments

functional Addttlonal Insureds

SECTION II • WHO IS AN tHSURED is amended lo include as additional insureds:

1. Your omclals;

2. Your trnstees;

3. Your members;

4. Your commission members;

5. Your agency members:

6. Your board members;

7. Your elective or appointed officers:

8. Your insurance manager:>;

9. Your "Not-rar-prorn members";

However, each only with respect lo their liability for your activities or activities they perform on your behaU.

Employees As. Insureds Modified

A. Subparagraph 2.a.(1 )(a} under SECTION II -WHO IS AN INSURED does not apply lo "bodily Injury" to a "temporary worker" caused by a co"employee" who is not a "temporary worker",

B. Subparagraph 2,a.(2) under SECTION II • WHO IS AN INSURED does not apply to "property damage" to the property or a "temporary worker" caused by a co- "employee" who 1$ not a "temporary worker".

C. Su bparag rap ti 2.a .(1 )(d) under SECTtoN II • WHO IS AN INSURED does not apply to "bodily in ju 1y" ca used by car-cHo· pulmonary resustita· lion or fl rst a id services administered by a co· "employee".

With res peel to th ls provision only, Subparagraph (1) of Exclusion 2.e. Employer's liability under SECTION I · COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply.

Additional Insured· Funding Source

SECTION II • WHO IS AN INSURED is amended ta include as additional insureds:

Any person or organization with respect to their liabilily arising out of:

1. Their financial control of you; or

2. Premises they owr1. maintain or control while you !ease or occupy that premises.

This insurance does not apply lo:

a, Any "occurrence" or offense which takes place after you cease lo lease or occupy thal premises; or

b, Structural alterations, new construction or demolition operations pertormed by or or1 behalf or tnat person or organization.

Blanket Additional Insureds • As Required By Contract

Subject lo the Primary and Non-Contributory provision set forth in this endorsement. SECTION II • WHO IS AN INSURED is amended to include as an additional insured any person or organization with whom you have agreed in a wriltcn contract. wrilten agreement or written permit thal such person or organization be added as an additional insured on your policy. Such person or organizalion is an additional insured only with respecl to llability for "bodily Injury" or ''property damage" caused, in whole or part. lly:

1. Your ongoing operations performed for that persor1 or organization. "your product" , or premises owned or used by you: but this provision does not include any architects, engineers, or surveyors w ith respoct to any injury or damage arising out of the renderi nil or rai lure to render any professional set">'ices by or ror you. lncluding:

a. Ttie preparing, approving, or failing to prepare or appro11e, maps. stiop drawings, opinions. reports. surveys. field orders, change orders or drawings and specirica~

lions; or

b. Supet">lisory, inspection, arch ileclural or engineerl n{! activities.

Copyright, 2014 Selective Ins u ranee Company of Arnerica. Atl rights reserved. Includes copyrigllteel material of Insurance Services Office, Inc .• with its permission.

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2. Your mainlcrn;_mci::. operation O!' tJso ol 11quip· ment. oltler than aircra1L "auto•· or watortrall. l~~ascd lo you by sucl1 person or orwmi.rnti<J11. A person or otganirn tior1 's status ;:is a11 :~dd ii irn 1~1 I insured u 11(lc1· Hi is c~ndorscnic 11! e nus when their contract or a~irnamenl with yuu for such leased equip rn~:n1 ends. With re;; pc{;( to I ho i11s um nee afforded lo these <Hid it ion a I ins urcds, I.his iris.urance does nut apnly lo any "occurrence·· whict1 takes place artur the equipment l~ase c)(pircs.

fhe JlrOVisions of !11is coverage extension do nol apply unfess the written contrnct or wril ten agreement has been executed (executed nwa ns signed by t lw n ;unei:J insured <ind acJditiona I insured) or wrill en perm ii issued prior lo I he "bodily injury'' or ''property d<trnag1:".

Brnad Fann Vendors Coverage

Subject to the Primary aod Non-Contributory prov1-s100 !;et forth In lhis endorsement. SECTION 11 -WHO IS AN INSURED is arn~~nded lo incluuo as an additional insured any person or orga11izaoon (referred to l>elow as vendor) whom you have agreecJ in a writhm co11trncl or wrrlton a~irneme111 to add as an add ii ion a I in$\Jrei:J on your policy. Such perso11 or ory;rni ;:at ion is an additional ins u relJ only with respect to "bodily injury"' or "properly dmua~c" arising out ol ''yOLlr products" wl1ich arc d i::;tri butecJ m ::;old in \he reu ular course of I he vendor's bu sinc~s. howr:!vcr the insu rn nee ;~tftm.led 1he vendor uoes riot apply lo:

a. "Bodily !n1ury · or "'property damage·· tor which the vendor is obligaled I<> pay d<J mag es by reason oft he assumplion of liability in a c;untract or ~in reemenL howDvcr I h1 s exclusion doo s not apply to I ia bdlty for damages t11:at lhe vendor wolJltl h~1vc in 1hc abse nee ol the conl ract or a!J re enient.

b. Any express warrunty un.:iuthorized by you,

c. Any physical or thcroical change in Uie product mad~ intentionally by the VL:ndor

d. Repackaglny, unlc~\> unpacked solr:!ly ror lhc purpose of inspection. demonstration, tesl· ing, or the subslilulion of parts under instructions rrom the ma1Hlfac1urer. amJ 01et1 repackagctJ in the origina I contai n1:r;

e. Any failurf;! lo makl.} such inspoclions, adjustments. tests or servicing as the vendor h<1s agr·eed lo make or normally underlakes to m.ike in Ille uslrnl comse of business in connection with the s<ile ~11 lh(! product; or

t. Products which. after c!istribu!iu11 01· sale l1y you. h;ive b~~,,.,1 lab(olt::d or n:- labc lod u r used i:lS a cont;ii11cr. pad ot ingrc:d1on1 oi <.lfl)" 01 her 111 in~J or sub'3ta nee: by 01· 1or I he ve11dor.: however' thi:; in,; ur;:in ce doc;> noi apply lo any insured person or orgm1iz<11foo. from WllO you li<ive e-1cq u ired such pr0t:J ucls, or any ingredient. part or conlairwr. en!erino in1o, <lcc:ompanyiny or containin!J sucil products_

The provisi(lt1S of this coverd9e ext~ns ion do not apply unless tl11~ writlcn co11lract or wr1lh:m a~rnemcnt has bee 11 executed (executed mean~ $ii) nee! by t Ile 11 i.lmcd i11su rod 11ncl add ii ion a I i nstJ(C:.•(I) pdci1· to tluc "!Jodi ly ~nJ ury ·· or "pruper1 y dwn af}e"

SECTION Ill· UM1TS OF INSURANCE

Increased Medical Paymenls

Parng r<i ~1h 7, under SECTION Ill • UM ITS OF INSUR· ANCE is dele1eu iri its entirely and rc1)!<1ced with the tollowinu :

7. Subject 1o Paragraph 5. above, the lvled ic::il Expense Limil LllHJer COVERAGE C will h<: $20.000. or !tie amouot shown in tt1e Decl :HtJ· !ions lor Medical Expensl! Limit. whichever i::; high er. tor ;i II 111ec.J1c;;JI expensL:s 1Jec;_n1 sr; of ·'ooliily injury'' sustained by any one porson 'niis dotis nol apply to any MncJir;<:1I Pay1l1(:l1l!.< i.;ovcrauc provirJccl for cl1il dron enrolled rn <rn insured uay care cen\c-r .

Tlfr> provision, Increased Medical Payments. doc:; nol aµply if COVERAGE C MEDICAL PAYMENTS I~ excluded by anolher e11don:>enwnt to tins Covcra£1e Part.

SECTION IV • COMMERCIAL GENERAL LIABtUTV CONDITIONS • Amendments

Knowledge Of Occurrence, Claim, Suit Or Loss

The following is <idd ed to Pei ragraph 2. Duties In The E>Jenl 01 Occurrence, Offense, Claim Or Suit under SECTION IV • COMMERCIAL GENERAL LIA61UTY CONDITIONS:

Tlte rE~q1Jirerne1)ls under 1his par.<i~Jraph rJo no! <rpply until anci Hw "occurrence" or oltense is known to:

1. Y()u. ilyou are an ir1dividucil .

2. A partner, if you are a partnership:

3. An ''executive o!liccr" or insurance rnan<lg(:f, 11 you are a corporation;

4. Your members, managers or insurance nHrnag er·, if you are a limited I iallility company; or

5, Your c lecle ci or ,1 ppoi ntcd officials. l ruske~ board nrnmbers, or your insurance manag~r ii you are an organi1.atiun o1her tha11 .1 11artll~)l'

s.hi1l . join1 venture, or Ii mil ed liability company

Copy rigl1!, 2014 Selective Ins um nee Com pa riy of A nwrica. All ng his reserved_ tnclud ~s copyrighled rirn1 cria I oj I nsur;lflnl Services ornce' inc-.' With ils pcnnission'

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iiiii -B!!!! ---~

Primary and N o-n- Con lrlbutory Pro vision

The fol lowing is added to Paragraph 4. Other Insurance, b. Excess Insurance under SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS:

This insurance shall be excess with respect to any person or organization included as an add itional insured under th is policy, any other insurance that person or organization has shall be primary wi th respect to lhis insurance. unless:

(1) The additional insured is a Named Insured under such otner insurance;

(2) You trnve agreed ln a written contract. written agrnement or written permit to incrude that additional insured on your Genera I Uabifily policy on a primary and/or non-conlributory basis: and

(:!) The written contract or written agreement has been executed {e>iecuted means signed by the insured and the additional insured) or wrlllen permit issued prior ta the "bodily injury" or ';property damage".

Unintentional Failure To Dlsclosa HHards

The following is added to Paragraph 6. Representa· tlons under SECTION rv - COMMERCIAL GENERAL LIABILrTY CONDITIONS:

However, if you stiould uninlenlionaliy fail lo dis· close any exisling hazards in your representations to us at the incept ion date of the pol icy, or during Ille policy period in connection with any addiliona l hazards, we shat! not deny coverage under this Coverage Part based upon such railure to disclose hazards .

Waiver Of Transfer Of Rights Of Recovery

The following is added lo Paragrnph 6, Transfer Of Rights Of Recovery Against Others To Us under SECTION IV - COMMERCIAL GENERAL LlABILITY CONDITIONS:

We will waive any rlg11t of recovery we may have against a person or organization because or paymenls we make for "bodily injury" or ·' property damaae" arising out of your ongoing operations or "your work" done under a written contract or wrilten agreement and included in the "products-completed operations hazard, " ir:

1. You have agreed lo waive any r ig hi of recovery against that person or organization in a written contrac1 or written agreement;

2. Such person or organization is an additional insured on your poltcy ; or

3. You have assumed the liability of that person or organization ln that same con1ract, and ii is an .. Insured contract. "

The section above only applies to lhat person or o rganizat ion identified above, and only if the " bodi ly injury" or "property damage" occurs subsequent to the execulion of the wrillen contract or written agrcemen1 .

LI bera liza ti on

The rollowing condition is added to SECTION IV • COMMERCIAL GENERAL LIABILrTY CONDITIONS:

Ir we revise this Coverage Part to provide more coverage without add ilional premium charge, subject to our filed company ru les , your pol!cy w ill au1oma1icaUy prov ide the add iiiona l coverage as of the day lhe rO!vision is effective in your stale .

Cancel la tlo n

With respect to the Commercial General liabil ity coverage prov ided by !his policy , Subparagraph 2.b. under Paragraph A. Cancellation of the COMMON POLICY CONDITIONS rs deleted in its entirety and replaced with the foHowing:

b. fiO days (or the number of days required by law, whichever is grealer) before 1he effective dale of cancel lation ff we cancel for any other reaso11 .

SECTION V • DEFINITIONS

Discrimination And Humlll~tion

(This provision does not apply in the state of New York}.

A. The following is added to Oe!init ion 14. " Per· sonal and advertising injury ":

'"Personal and advertising lnjory" also means "discrimination " or humiliation that resulls rn injury to lhe feelings or reputation of a natu ral person , however only if such "d iscrimi11alion " or humiliat ion is :

1. Nat done by or at the dire ct ion or:

a. The insured : or

b . Any ··executive ol11cer". director, stockholder, partner. manager or rnember ol lhe insured:

2 . Not done intentionally to cause harm to another person.

3. Nol direct ly or indlrectiy related lo the employment ,. prospective employment or termination of emptoyn1en1 of any person or persons by any i ns ured.

4. Nol arising out of any ·'advert iseme11t" by the insured .

B. The followi r1g definilion ls added to SECTION V -DEFINITIONS:

"Discrimination'' means:

a. Any act o r conduct that would be cons idered discr imim1tion under any applicable fede ral , slate, or local statute. ordinance o r law:

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b, Any act or conduct !hat resulls in disparate lreatment of, or has disparate impact on, a person, because of that person's race, religion, gender, sexual orientation. age, disability or physical impciirment; or

c. Any act or conduct characlerized or inlerpreted as drscrlminatlon by a person basecl on that person's race, religion, {lender, sexual orientation. age, disability or physical impairmeni.

Employee Amendment

Derinilion 5. ''Employee'' under SECTION V • DEFlNrTIONS is deleted in its entirety and replaced by !he following:

5. "Employee" includes a "leased worker" or a "temporary worker."

Mental Anguish Amendment

(This provision does not apply in New York),

Definition 3. "Bodily Injury" under SECTION V . DEFINITIONS is deleted in its entirety and replaced with the following:

3, "Bodily i njlJry" means bodily injury, sickness or disease sustained by a person, including de;;i.H1 reslJltlng from any or these at any lime. This includes mental anguish resulling from any bodily injury, sickness or disease sustained by a person . On New York. menlai anguish has been determined to be "bodily injury").

NoMor·profit Members

The following derinition is added lo SECTION V • DEFINITIONS:

"Not-for-profit members" means a person who is a member of a not-for-profit organization, incllJding dubs and churches. who receive no financial or other compensation.

Copyright, 2'014 Selective Insurance Company of Amerfca, All rigi"lts reserYed, Includes copyrighted material or Insurance Services Ortlce, Inc., with its permission.

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REVOCABLE LICENSE

THE CITY OF JACKSON, a Michigan municipal corporation, with offices located at 161

West Michigan Avenue, Jackson, Michigan 49201, hereinafter called "Licensor", in consideration

d covenants hereinafter set forth, does hereby grant to

\L--'--'---'LL-1~---...,1µ£......:...:.....+---=-..!...---\.<~tl=C'--'k:=.L-'°-OJ.-'--, 1_{_=-"'-rJ_,t""'-''--'1_-/._.._-.e.'-----• a Michigan sole proprietorship/

partnership/corporation/I ited liability company, with offices at 7 'f 6 //o,,/ fJ _(i(. tk 7 t'rl 1· -/-/.Pd 'f-- , hereinafter called "Licensee", thisA REVOCABLE LICENSE,

fVI I(,, ':i 15 clF{ ...._.

RIGHT and PRIVILEGE to construct and maintain upon the City's /Jdt, tlu'l)/=tltll f/..,ll('J ~

right-of-way adjacent to Lleen~cc'~ property described on Attachment l, commonly known as

171'{} I 4/yt ri 61 /1 < 4/kt 1 fAcrt I> , Jackson, Michigan, a #7/'«rty' .; ' e'.1 r ) t/l (hereinafter ~structure"). The design, configuration and location of said

structure is more precisely described upon EXHIBIT A, attached hereto and incorporated by

reference, to be occupied and used by Licensee on the Licensor's Street right-of-way described

above, on the terms, conditions, and covenants hereinafter mentioned.

As consideration for this License, Licensee agrees to the following terms, conditions and

covenants:

1. Licensee shall pay Licensor the sum of Twenty Five Dollars ($25.00).

2 . Licensee agrees that in the design, construction, installation and maintenance of the structure, and throughout the term of this License, it will comply with the restrictions set forth herein and with all statutes, rules, ordinances and regulations pertaining to said structure.

3. The design, configuration, location and specifications for installation of the structure shall be approved by the City of Jackson Chief Building Inspector in advance of installation of the structure, and, upon installation of the structure, shall not be altered witho'ut the express written consent of the Chief Building Inspector.

4. Licensee agrees to keep the structure in good repair and condition at all times.

5. Licensee shall assume all liability for and protect, indemnify, and save Licensor, its officers, employees, agents and contractors, harmless from and against all actions, claims,

demands, judgments, losses, expenses of suits or actions, and attorney fees for injury to or death of any person or persons and loss or damage to the property of any person or persons whomsoever, including the parties hereto, arising in connection with or as a direct or indirect result of Licensee's use of its structure or its exercise of this License, except Licensee shall not be required to indemnify Licensor for injury to persons or damage to property caused by the sole negligence of Licensor.

6. This License is granted subject to any lease, easement, license, or other interest in land heretofore granted or reserved, or which may be granted in the future by Licensor with respect to said Licensor's street right-of-way.

7. Licensee shall secure and maintain in force during the term of this License a policy of Comprehensive Commercial Liability Insurance, acceptable to Licensor, with a minimum general liability limit of $500,000.00 per occurrence. The policy shall be in the name of Licensee, and shall name the Licensor as additional insured, and shall describe the insured's premises, including the structure as herein above described. The insurer will not cancel this insurance, or change, restrict, or reduce the insurance provided, or change the name of the insureds, without first giving at least ten (10) days written notice to the City of Jackson, City Attorney, 161 West Michigan Avenue, Jackson, Michigan 49201, as evidenced by receipt of certified mail. Licensee shall provide evidence of the existence of such insurance to Licensor's City Attorney prior to Licensor's execution of this License.

8. Upon the sale, conveyance, lease or transfer of Licensee's property referenced above, this License shall become null and void and Licensee shall, at its sole cost and expense, fully remqve the structure and all materials, improvements, structures, or appurtenances pertaining thereto .

9. This License may be revoked at any time, with or without cause, by Licensor, upon thirty (30) days written notice to the Licensee.

10. Licensee, upon revocation of this License, shall, at its sole cost and expense, fully remove the structure and all materials, improvements, structures, or appurtenances pertaining thereto within thirty (30) days of the date of mailing of a Notice of Revocation.

11. If Licensee fails to comply with a Notice of Revocation, Licensor shall take any and all action necessary to remove the structure, which shall be deemed to constitute a nuisance . Licensee shall be invoiced for all removal costs incurred by Licensor. If Licensee fails to satisfy the invoice within the time prescribed on the invoice, the Jackson City Council may cause such removal costs to be levied and assessed as a special assessment upon Licensee's property as provided by the City .Charter and the Jackson City Code of Ordinances, and/or Licensor may bring suit against Licensee to recover such costs.

12. All notices given pursuant to this License shall be considered mailed when placed in the United States mail, certified mail, return receipt requested, properly addressed to the parties at the addresses herein set forth, with postage thereon fully paid.

13. This Revocable License is a personal license, and, shall not be assigned by Licensee.

The parties hereby have executed or caused this instrument to be executed by their duly

authorized representatives, as of the ___ day of ________ _

2

i-~~IECIE ~VlED LICENSOR: CITY OF JACKSON, a Michigan Municipal Corporation

! JUL 2 9 2015 \ I 1 ... ------- - ---- - -

BY~-----------~ Jason Smith, Mayor

Dy ____________ ~

Andrew J. Wrozek, City Clerk


Subscribed and sworn to before me, this __ day of , , by Jason Smith and Andrew J. Wrozek, the Mayor and City Clerk of the City of Jackson, a Michigan municipal corporation, on behalf of the corporation.

Notary Public Jackson County, Michigan My Comm. Exp.: _______ _

Acknowledged and Agreed

STATE OF MfCHIGAN, COUNTY OF JACKSON, SS:

Drafted by: Bethany M. Smith City Attorney 161 West Michigan Avenue Jackson, Michigan 49201 {517) 788-4050 C:\REV.UC - STRUCTURE

3

When recorded return to: City Attorney's Office 161 West Michigan Avenue Jackson, Michigan 49201

by

ExhibitA-1

West Michigan Avenue and Washington near Brownstone Apartments from September 8th through November 16th of 2015.

Jackson High Scoool 'ti'

~5 •

• Aware. Inc

] )

w WashinQtori Ave

Je<:kson Ci1y Reoed Menor l'tr

""Cl a: ....... ~

-~ 0 QJ

E 0

I

Fl rst Cllurdi of ctw~ Sdenti1n

Clinton St

-DeS.AOyer fl

Wetherby Funeral He

•

W Michigan Ave

W Washington Ave

Google

starr Apts __,;

Patience-Montgomery • Funeral Home _

{fl ro 0 a

(fl .-+ (/) --

:i c.. Frank's Finer Food

Fl.a~

ExhibitA-2

Sign concept for front and back. Final design and dimension are to be determined. Sign will not be larger that 6 feet high by 3 feet wide.

LIVE UNITED

United Way of Jac:kson County

ACORD(g) CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIOD/YYYY)

~ 7/30/2015

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER ~~~~~CT Ka thy Corden

Walton Agency r.~J?H~~ ~-"· (517) 787-2600 1 rt.~ ... A .. 1sn> 787-38S7

2929 Spring Arbor Rd. 1~~~!<:!<:: kcorden@wal ton agency. com

P.O. Box 3029 INSURER/SI AFFORDING COVERAGE NAIC# Jackson MI 49204 INSURER A ,Selective Insurance Cornoanv of 12572 INSURED INSURER e ,Citizens Insurance of America i31534 United Way of Jackson County INSURERC: 536 N, Jackson Street INSURERD:

INSURERE: -- -Jackson MI 49201 INSURERF:

COVERAGES CERTIFICATE NUMBER·CL153610453 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS

JNSR TYPE OF INSURANCE LTR l•MCD 1 .... ,... POLICY NUMBER

POLICY EFF POLICY EXP LIMITS IMM/DONYYYI IMIWDDIYVYYI

GENERAL LIABILITY EACH OCCURRENCE $ 1, ooo, oo.~ -1l COMMERCIAL GENERAL LIABILITY ~R~~l'S'&J Y{a<;:;:!,~!'.ncel $ 100,000

A D CLAIMS-MADE [i] OCCUR x $2025223 3/22/2015 3/22/2016 MED EXP /Any one person) $ 15,000 -PERSONAL & ADV INJURY $ 1,000,000 -GENERAL AGGREGATE $ 3,000,000 -

GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS · COMP/OP AGG $ 3,000,000

1 POLICY 1x1 P,f-A n LOC $

AUTOMOBILE LIABILITY )E':,~~d~~l~INGl.1: LIMll $ 1 000 000 -A ANY AUTO BODILY INJURY (Per person) $ - ALLOwtlED - SCHEDULED S2025223 3/22/2015 3/22/2016 BODILY INJURY (Per aocident) $ - AUTOS - AUTOS

x x NON·O'NNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS lf'er ac~iamn - -$

x UMBRELlA UAB HOCCUR EACH OCCURRENCE $ 1,000,000 -

A EXCESSLIAB CL.AIMS·MADE AGGREGATE $ 1,000,009

OED I x I RETENTION$ ( 82025223 3/22/2015 3/22/2016 $

B WORKERS COMPENSATION x I T~§T~I,~;,_ I JOW· AND EMPLOYERS' LIABILITY VIN ANY PROPRIETORIPARTNERIEXECUTIVE ~

NIA E.L. EACH ACCIDENT $ soo,ooo

OFFICER/MEMBER EXC~UDED? 3/22/2015 l/22/2016 (Mandatory In NH) flff5234755-07 E.L. DISEASE · EA EMPLOYEl $ 500 000 ~m~~ftirg~ 't;'t~PERA TIONS below E L. DISEASE ·POLICY LIMIT S 500 000

DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addltlonal Remarks Schedule, iJ more space is required) City of Jackson, and their officers, agents and empioyeas, are additional insured on general liability.

~· ~(l-

~..-_g,,-J{ CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

City of Jackson ACCORDANCE WITH THE POLICY PROVISIONS.

161 w. Michigan Avenue AUTHORIZED REPRESENTATIVE

Jackson, MI 49201

Brian Drummond/KCORD ~-.... ___ ~ (J. ___ .. _/ © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05)

INg02.!i 1?011w;1 n1 Th<> b.r.nAn n::am"' :anti ll\NI\ ::>ro r<>ni<:.taro<i m"'r""' nf b.r.ni;>n

= ----~ ·--= -=

--

ELITEPAC General Liability Extension

Social Services

COMMERCIAL GENERAL LIABILITY CG72 1 70 7 14

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Thrs endorsement modifies the insurance prov i rh~d under the follow ing·

COMMERCIAL GENERAL UAOILITY COVERAGE PART

The SECTIONS o f the Commcrcic. I Genera l Liabi li ty Covcra !)e Part 1cleoi ified in this en<forsenwnl will LI•.:: ameodad as shown below. But . when two or more Cove rage Parts of lhis policy apply to a loss , only llll~ broadest coverage of !his pol icy w ill apply, unless srieciJi cally slated 0 !1Hi1wise w ithin l he parlicu lar arnt;)11dn10n1 covering Iha! loss.

COVERAGES· Amendments

SECTION I • COVERAGE A 80011. Y INJURY AND PROPERTY DAMAGE LIABILITY

EXCLUSIONS

Limited Rental Lease Agreement Con·tradu al Liability

The rollowing is added lo Exclusio n b . Contractual Llabllity under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE L lA.BtUTY, 2 . E.xclusions:

(3) At the named insurctl 's request at the l ime of a cla im. we will reimburse the named insured for damages arising out or ·'bodily injury " or .. r roper1y dam age " that the named insured is obli gated lo pay by rca~on of the assumpt ion of liabi lity in a written contruct or writrc n agreement regarding the re ntal or lecisc of a pre mises on be hair o r the named insured 's cl i<::nt.

a. The most we will pay under !his oxclusion O)(Ception is a sub-tlmit o f $50 ,000 per occurrence.

b. This exclusion ext:epl ion on ly appl ies to ;.J

r&ntal o r lease agreement.

c. The insurance provided by tl1is exclu sion exception is excess aver any other va lid ancl rolfcct ib lc insurance avai lable to the d icnl. whether primary . excess, contingenl o r on ;:iny other basis.

Employer's Liability Amendment

The following is ad ded lo Exclusion e. Employer 's Uabllity unl'.Jer COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LlA.BILITY , 2. Exclusions:

This exclusion atsu does not apply to any "temporary worker".

Non-Owned Ai reran, Auto or W.atercralt

A. Pnragraph (2) of Exclusio n g. Aircraft, A uto Or Watercraft under COVERAGE A BODi. Y INJURY AND PROPERTY DAMAGE LlA.BILITY, 2. Exclusions is deleted in its enl i raty and rnplac:cd w ith the ro11owing:

(2) A waterc;n11l you do 1101 own that is:

(a) Ltiss tli an 26 feet long and not bein!J used to ca r ry persons o r !Jroperly for a charge: or

(b) Al least 26 feel. but less than 130 feel lonrJ. and no l be inu u~cd to cany person or property lor a charge. Any person is afl insured who uses or is responsit)lc for 111e use of such watercra ft with your expressed o r implied consent. Howcvur. if the insured has any other valid ancl collectible iHsur<.inco for "bodi ly injury" or "prop erty damage" ttwt would be covered under this provision, o r on any Ol hcr basis , th is coveri:iye i s lhcn ex cess. and subject to Condition 4. Olher Insur a nee, b . Excess Insurance under SECTION N • COMMERCIAL GENERAL LIABILITY CONDITIONS,

B. Thi; following is added to Exclus ion g. Aircraft. Auto Or Watercraft WHier COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITT , 2. h elusion.s:

This ex clusion does not apr1ty to:

{ 6} Any ai rcraft , r1 ()l ow11ed or operated hy any insured. which is hired, cf1a11£Hecl or· loaned will1 a paid cn~w. However, if tl1t1 insured llas any other v•~l id arid c:ollecti l>te insurn nrn fa r "bouily injury .. or "prop1~rty d CJm age" th<tt woulcl be eoverod under H1is provision, o r on any o ther bas ii.>. th i~ covcratie is lhE:n ex· ccss. and subject lo Condition 4. Other Insurance, b. Excess ln>UTance under SECTION r./ - COMMERCIAL GEN ERAL UABIUTY CONDITIONS.

otfJ!fUbl. .ttri~

Copyright, 2014 Selective Insurance Com pa11y u ' America . All rights res erved .. Include$ copyrighted material of Insurance Sl?rvice!l Ofricc, lnc . . wi th its pcmrnssion

CG 72 17 07 14 Page 3 of B

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Damage To Premises Rented To You

A. The last paragraph of Paragraph 2. Exclusions under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE is deleted In its entirety and replacecl with the following:

Exclusions c. through n. do nol apply to damage by fire, lightning or explosion to premises renled to you or temporarily occupied by you wilh lhe permission or the owner. A separate limit of insurance applies to this coverage as described in SECTION Ill· LIMITS OF INSURANCE.

B. Paragraph 6. under SECTION Ill • LIMITS OF INSURANCE is deleled in its entirely and replaced w11h the following:

6. SLibjecl lo Paragraph 5. above, lhe most we will pay under COVERAGE A for damages because or "property damage" lo any one premises, while rented to you, or in the case of damage caused by lire, lightning or explosion, while rented to you or lemporarily occupied by you with permission of the owner, for all such damage caused by fire. lightning or explosion proximately caused l::ly the same event. whether such damage results from lire, lightning or explosion or any combination of the three, is the higher or $1,000 ,ODO or the amount shown in the Declaralions for the Damage To Premises Rented To You Umil.

c. Paragraph a. of De fin illo11 9. '·1 nsLired contract" under SECTION V - DEFINITllONS is deleted in its e11tirety and replaced with the following:

a. A contract for a tease of premises, However, thal portion of tile contract ror a lease of premises that indemnifies any person or organization for damage by fire. lighlning or explosion to premises while rented lo you or temporarily occupied by you with the per* mission of the owner is not an "insured contract":

SECTK>N I • COVERAGE 8 PERSONAL AND ADVERTISING INJURY LIABIUTY

EXCLUSIONS

Contractual E11clu5Jon Amendment

Exclusion e, Contractual Liability under COVERAGE B PERSONAL AND ADVERTISING INJURY, 2, Exclusions is deleted in its entirely and replaced with the following:

e, Contractual Llabllity

"Personal and advertising Injury" for which ttie insured has assumed liability in a contract or agreement arising out of an "advertisement". This e)(cluslon does not apply to liability for damages thal the insured would ~Jave in the absence of the contract or agree me nl.

SECTION I· COVERAGE C MEDICAL PA'YMENTS

EXCLUSIONS

Any Insured Amendment

Exclusion a. Any Insured under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deletecl in its entirety and replaced with the following:

a. Any Insured

To any insured, except "volunteer workers" or "not- for-prom members".

This exclusion exception does not apply it' COVERAGE C MEDlCAL PAYMENTS fs excluded by another endorsemenl to lhis Coverage Part

Product Amendment

f)(clusion f, Products-Completed Operations Hau.rd under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deleted in its e nli rely a rrd replac(!d with the following:

f. Products·Completed Operations Hazard

Included within the "products*complet~d operations hazard",

This exclusion does not apply to "your producls" sold for use or consumption on your premises, while such products are still on your premises, if you are a not-for* profit operation,

This exclusion excepllon does not apply ii COVERAGE C MEOtCAL PAYMENTS is excluded by another endorsement to this Coverage Part

SECTION I - SUPPLEMENTARY PAYMENTS -COVERAGES A AND B Expenses For Ball Bonds And Loss Of Earnings

A. Subparagraph 1.b. of SUPPLEMENTARY PAY· MENTS - COVERAGES A AND B is deleted in its entirely and replace<J with the following:

b. Up to $5 ,000 for cost or bail llonds required because of accidents or trart1c law violations arising out or lhe use or any vehicle to which Bodily Injury Liability Coverage applies. We do not have lo furnish these bonds.

B. Subparagraph 1.d. of SUPPUMENTARY PAYMENTS· COVERAGES A AND B is deleted in ils entirely and replaced with the following:

d. All reasonable expenses inc1ured by the insured at our request to ass.isl us in the investigation or defense of the claim or "sLiit", including actual loss or earnings up lo $1,000 a day because of time off from work.

Copyright, 2014 Seleclive Insurance Company of America_ All rights reserved. Includes copyrighted material of lnsorance Services Office, tnc., with tis permission.

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!!!!!! -

-!!!!I!!!!!!!! -= --

Limited Legal Expense for Innocent Insureds

The following is added under SUPPLEMENTARY PAYMENTS· COVERAGES A AND B:

J, We Will reimburse you, at your request, for !'easonable and necessary defense costs, excluding any fines or penallies, !fiat you incur In the defense of an "employee" who is directly in11olved in a criminal proceeding. but only if:

a. The acts out or whkh such criminal charges arise are alleged to have:

(1) Arisen out of and in the course of your employmenl of the "employee"; and

{2) Taken place during the policy period and in the "ca11erage territory''; .o nd

b. All the criminal charges are either dismissed with prejudice or your "employee" is found not guiily of alt criminal charges by a court or law,

The most we will pay under this provision is a sub-limit of $25,000, subject to an aggregate limit of $25,000 for all reimbursements !hal we make during the policy period on behalf of all "employees", regardless of the number of "em· ploye es", claims or "suits•· brought or persons or organizations ma kl ng claims or bringing "suits".

SECTtoN II - WHO lS AN INSURED ·Amendments

functional Addttlonal Insureds

SECTION II • WHO IS AN tHSURED is amended lo include as additional insureds:

1. Your omclals;

2. Your trnstees;

3. Your members;

4. Your commission members;

5. Your agency members:

6. Your board members;

7. Your elective or appointed officers:

8. Your insurance manager:>;

9. Your "Not-rar-prorn members";

However, each only with respect lo their liability for your activities or activities they perform on your behaU.

Employees As. Insureds Modified

A. Subparagraph 2.a.(1 )(a} under SECTION II -WHO IS AN INSURED does not apply lo "bodily Injury" to a "temporary worker" caused by a co"employee" who is not a "temporary worker",

B. Subparagraph 2,a.(2) under SECTION II • WHO IS AN INSURED does not apply to "property damage" to the property or a "temporary worker" caused by a co- "employee" who 1$ not a "temporary worker".

C. Su bparag rap ti 2.a .(1 )(d) under SECTtoN II • WHO IS AN INSURED does not apply to "bodily in ju 1y" ca used by car-cHo· pulmonary resustita· lion or fl rst a id services administered by a co· "employee".

With res peel to th ls provision only, Subparagraph (1) of Exclusion 2.e. Employer's liability under SECTION I · COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply.

Additional Insured· Funding Source

SECTION II • WHO IS AN INSURED is amended ta include as additional insureds:

Any person or organization with respect to their liabilily arising out of:

1. Their financial control of you; or

2. Premises they owr1. maintain or control while you !ease or occupy that premises.

This insurance does not apply lo:

a, Any "occurrence" or offense which takes place after you cease lo lease or occupy thal premises; or

b, Structural alterations, new construction or demolition operations pertormed by or or1 behalf or tnat person or organization.

Blanket Additional Insureds • As Required By Contract

Subject lo the Primary and Non-Contributory provision set forth in this endorsement. SECTION II • WHO IS AN INSURED is amended to include as an additional insured any person or organization with whom you have agreed in a wriltcn contract. wrilten agreement or written permit thal such person or organization be added as an additional insured on your policy. Such person or organizalion is an additional insured only with respecl to llability for "bodily Injury" or ''property damage" caused, in whole or part. lly:

1. Your ongoing operations performed for that persor1 or organization. "your product" , or premises owned or used by you: but this provision does not include any architects, engineers, or surveyors w ith respoct to any injury or damage arising out of the renderi nil or rai lure to render any professional set">'ices by or ror you. lncluding:

a. Ttie preparing, approving, or failing to prepare or appro11e, maps. stiop drawings, opinions. reports. surveys. field orders, change orders or drawings and specirica~

lions; or

b. Supet">lisory, inspection, arch ileclural or engineerl n{! activities.

Copyright, 2014 Selective Ins u ranee Company of Arnerica. Atl rights reserved. Includes copyrigllteel material of Insurance Services Office, Inc .• with its permission.

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2. Your mainlcrn;_mci::. operation O!' tJso ol 11quip· ment. oltler than aircra1L "auto•· or watortrall. l~~ascd lo you by sucl1 person or orwmi.rnti<J11. A person or otganirn tior1 's status ;:is a11 :~dd ii irn 1~1 I insured u 11(lc1· Hi is c~ndorscnic 11! e nus when their contract or a~irnamenl with yuu for such leased equip rn~:n1 ends. With re;; pc{;( to I ho i11s um nee afforded lo these <Hid it ion a I ins urcds, I.his iris.urance does nut apnly lo any "occurrence·· whict1 takes place artur the equipment l~ase c)(pircs.

fhe JlrOVisions of !11is coverage extension do nol apply unfess the written contrnct or wril ten agreement has been executed (executed nwa ns signed by t lw n ;unei:J insured <ind acJditiona I insured) or wrill en perm ii issued prior lo I he "bodily injury'' or ''property d<trnag1:".

Brnad Fann Vendors Coverage

Subject to the Primary aod Non-Contributory prov1-s100 !;et forth In lhis endorsement. SECTION 11 -WHO IS AN INSURED is arn~~nded lo incluuo as an additional insured any person or orga11izaoon (referred to l>elow as vendor) whom you have agreecJ in a writhm co11trncl or wrrlton a~irneme111 to add as an add ii ion a I in$\Jrei:J on your policy. Such perso11 or ory;rni ;:at ion is an additional ins u relJ only with respect to "bodily injury"' or "properly dmua~c" arising out ol ''yOLlr products" wl1ich arc d i::;tri butecJ m ::;old in \he reu ular course of I he vendor's bu sinc~s. howr:!vcr the insu rn nee ;~tftm.led 1he vendor uoes riot apply lo:

a. "Bodily !n1ury · or "'property damage·· tor which the vendor is obligaled I<> pay d<J mag es by reason oft he assumplion of liability in a c;untract or ~in reemenL howDvcr I h1 s exclusion doo s not apply to I ia bdlty for damages t11:at lhe vendor wolJltl h~1vc in 1hc abse nee ol the conl ract or a!J re enient.

b. Any express warrunty un.:iuthorized by you,

c. Any physical or thcroical change in Uie product mad~ intentionally by the VL:ndor

d. Repackaglny, unlc~\> unpacked solr:!ly ror lhc purpose of inspection. demonstration, tesl· ing, or the subslilulion of parts under instructions rrom the ma1Hlfac1urer. amJ 01et1 repackagctJ in the origina I contai n1:r;

e. Any failurf;! lo makl.} such inspoclions, adjustments. tests or servicing as the vendor h<1s agr·eed lo make or normally underlakes to m.ike in Ille uslrnl comse of business in connection with the s<ile ~11 lh(! product; or

t. Products which. after c!istribu!iu11 01· sale l1y you. h;ive b~~,,.,1 lab(olt::d or n:- labc lod u r used i:lS a cont;ii11cr. pad ot ingrc:d1on1 oi <.lfl)" 01 her 111 in~J or sub'3ta nee: by 01· 1or I he ve11dor.: however' thi:; in,; ur;:in ce doc;> noi apply lo any insured person or orgm1iz<11foo. from WllO you li<ive e-1cq u ired such pr0t:J ucls, or any ingredient. part or conlairwr. en!erino in1o, <lcc:ompanyiny or containin!J sucil products_

The provisi(lt1S of this coverd9e ext~ns ion do not apply unless tl11~ writlcn co11lract or wr1lh:m a~rnemcnt has bee 11 executed (executed mean~ $ii) nee! by t Ile 11 i.lmcd i11su rod 11ncl add ii ion a I i nstJ(C:.•(I) pdci1· to tluc "!Jodi ly ~nJ ury ·· or "pruper1 y dwn af}e"

SECTION Ill· UM1TS OF INSURANCE

Increased Medical Paymenls

Parng r<i ~1h 7, under SECTION Ill • UM ITS OF INSUR· ANCE is dele1eu iri its entirely and rc1)!<1ced with the tollowinu :

7. Subject 1o Paragraph 5. above, the lvled ic::il Expense Limil LllHJer COVERAGE C will h<: $20.000. or !tie amouot shown in tt1e Decl :HtJ· !ions lor Medical Expensl! Limit. whichever i::; high er. tor ;i II 111ec.J1c;;JI expensL:s 1Jec;_n1 sr; of ·'ooliily injury'' sustained by any one porson 'niis dotis nol apply to any MncJir;<:1I Pay1l1(:l1l!.< i.;ovcrauc provirJccl for cl1il dron enrolled rn <rn insured uay care cen\c-r .

Tlfr> provision, Increased Medical Payments. doc:; nol aµply if COVERAGE C MEDICAL PAYMENTS I~ excluded by anolher e11don:>enwnt to tins Covcra£1e Part.

SECTION IV • COMMERCIAL GENERAL LIABtUTV CONDITIONS • Amendments

Knowledge Of Occurrence, Claim, Suit Or Loss

The following is <idd ed to Pei ragraph 2. Duties In The E>Jenl 01 Occurrence, Offense, Claim Or Suit under SECTION IV • COMMERCIAL GENERAL LIA61UTY CONDITIONS:

Tlte rE~q1Jirerne1)ls under 1his par.<i~Jraph rJo no! <rpply until anci Hw "occurrence" or oltense is known to:

1. Y()u. ilyou are an ir1dividucil .

2. A partner, if you are a partnership:

3. An ''executive o!liccr" or insurance rnan<lg(:f, 11 you are a corporation;

4. Your members, managers or insurance nHrnag er·, if you are a limited I iallility company; or

5, Your c lecle ci or ,1 ppoi ntcd officials. l ruske~ board nrnmbers, or your insurance manag~r ii you are an organi1.atiun o1her tha11 .1 11artll~)l'

s.hi1l . join1 venture, or Ii mil ed liability company

Copy rigl1!, 2014 Selective Ins um nee Com pa riy of A nwrica. All ng his reserved_ tnclud ~s copyrighled rirn1 cria I oj I nsur;lflnl Services ornce' inc-.' With ils pcnnission'

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Primary and N o-n- Con lrlbutory Pro vision

The fol lowing is added to Paragraph 4. Other Insurance, b. Excess Insurance under SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS:

This insurance shall be excess with respect to any person or organization included as an add itional insured under th is policy, any other insurance that person or organization has shall be primary wi th respect to lhis insurance. unless:

(1) The additional insured is a Named Insured under such otner insurance;

(2) You trnve agreed ln a written contract. written agrnement or written permit to incrude that additional insured on your Genera I Uabifily policy on a primary and/or non-conlributory basis: and

(:!) The written contract or written agreement has been executed {e>iecuted means signed by the insured and the additional insured) or wrlllen permit issued prior ta the "bodily injury" or ';property damage".

Unintentional Failure To Dlsclosa HHards

The following is added to Paragraph 6. Representa· tlons under SECTION rv - COMMERCIAL GENERAL LIABILrTY CONDITIONS:

However, if you stiould uninlenlionaliy fail lo dis· close any exisling hazards in your representations to us at the incept ion date of the pol icy, or during Ille policy period in connection with any addiliona l hazards, we shat! not deny coverage under this Coverage Part based upon such railure to disclose hazards .

Waiver Of Transfer Of Rights Of Recovery

The following is added lo Paragrnph 6, Transfer Of Rights Of Recovery Against Others To Us under SECTION IV - COMMERCIAL GENERAL LlABILITY CONDITIONS:

We will waive any rlg11t of recovery we may have against a person or organization because or paymenls we make for "bodily injury" or ·' property damaae" arising out of your ongoing operations or "your work" done under a written contract or wrilten agreement and included in the "products-completed operations hazard, " ir:

1. You have agreed lo waive any r ig hi of recovery against that person or organization in a written contrac1 or written agreement;

2. Such person or organization is an additional insured on your poltcy ; or

3. You have assumed the liability of that person or organization ln that same con1ract, and ii is an .. Insured contract. "

The section above only applies to lhat person or o rganizat ion identified above, and only if the " bodi ly injury" or "property damage" occurs subsequent to the execulion of the wrillen contract or written agrcemen1 .

LI bera liza ti on

The rollowing condition is added to SECTION IV • COMMERCIAL GENERAL LIABILrTY CONDITIONS:

Ir we revise this Coverage Part to provide more coverage without add ilional premium charge, subject to our filed company ru les , your pol!cy w ill au1oma1icaUy prov ide the add iiiona l coverage as of the day lhe rO!vision is effective in your stale .

Cancel la tlo n

With respect to the Commercial General liabil ity coverage prov ided by !his policy , Subparagraph 2.b. under Paragraph A. Cancellation of the COMMON POLICY CONDITIONS rs deleted in its entirety and replaced with the foHowing:

b. fiO days (or the number of days required by law, whichever is grealer) before 1he effective dale of cancel lation ff we cancel for any other reaso11 .

SECTION V • DEFINITIONS

Discrimination And Humlll~tion

(This provision does not apply in the state of New York}.

A. The following is added to Oe!init ion 14. " Per· sonal and advertising injury ":

'"Personal and advertising lnjory" also means "discrimination " or humiliation that resulls rn injury to lhe feelings or reputation of a natu ral person , however only if such "d iscrimi11alion " or humiliat ion is :

1. Nat done by or at the dire ct ion or:

a. The insured : or

b . Any ··executive ol11cer". director, stockholder, partner. manager or rnember ol lhe insured:

2 . Not done intentionally to cause harm to another person.

3. Nol direct ly or indlrectiy related lo the employment ,. prospective employment or termination of emptoyn1en1 of any person or persons by any i ns ured.

4. Nol arising out of any ·'advert iseme11t" by the insured .

B. The followi r1g definilion ls added to SECTION V -DEFINITIONS:

"Discrimination'' means:

a. Any act o r conduct that would be cons idered discr imim1tion under any applicable fede ral , slate, or local statute. ordinance o r law:

Copyrighl, 2014 SelecHve Insurance Company of America . All rights reserved . Includes copyrighted material of Insurance Services Office, fnc .. with its permission .

CG72170714 Page 7 of 8

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b, Any act or conduct !hat resulls in disparate lreatment of, or has disparate impact on, a person, because of that person's race, religion, gender, sexual orientation. age, disability or physical impciirment; or

c. Any act or conduct characlerized or inlerpreted as drscrlminatlon by a person basecl on that person's race, religion, {lender, sexual orientation. age, disability or physical impairmeni.

Employee Amendment

Derinilion 5. ''Employee'' under SECTION V • DEFlNrTIONS is deleted in its entirety and replaced by !he following:

5. "Employee" includes a "leased worker" or a "temporary worker."

Mental Anguish Amendment

(This provision does not apply in New York),

Definition 3. "Bodily Injury" under SECTION V . DEFINITIONS is deleted in its entirety and replaced with the following:

3, "Bodily i njlJry" means bodily injury, sickness or disease sustained by a person, including de;;i.H1 reslJltlng from any or these at any lime. This includes mental anguish resulling from any bodily injury, sickness or disease sustained by a person . On New York. menlai anguish has been determined to be "bodily injury").

NoMor·profit Members

The following derinition is added lo SECTION V • DEFINITIONS:

"Not-for-profit members" means a person who is a member of a not-for-profit organization, incllJding dubs and churches. who receive no financial or other compensation.

Copyright, 2'014 Selective Insurance Company of Amerfca, All rigi"lts reserYed, Includes copyrighted material or Insurance Services Ortlce, Inc., with its permission.

CG 72 17 07 14 Page 8 of 8

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Andrew J. Wrozek, Jr.

City Treasurer/City Clerk 161 W. Michigan Avenue - Jackson, MI 49201 Treasurer (517)788-4043 Income Tax Office (517)788-4044 Clerk (517) 788-4025


MEMO TO: Honorable Mayor and City Councilmembers FROM: Andrew J. Wrozek, Jr., City Treasurer/City Clerk SUBJECT: Public Hearing and Resolution for Special Assessment Roll No. 4257 Recommendation: Adopt the resolution after the public hearing is held. RECESS AS CITY COUNCIL AND CONVENE AS A BOARD OF REVIEW.

A. Public hearing on Special Assessment Roll No #4257 for Meterless Parking 2015-2016.

1. Consider a resolution confirming Roll No. #4257.

ADJOURN AS A BOARD OF REVIEW AND RECONVENE AS A CITY COUNCIL. Attached for your consideration please find resolution confirming Roll #4257 for the meterless parking system in the downtown area of the City for 2015-2016. Recommended action is to adopt the resolution after the public hearing is held. Thank you. C: City Manager City Assessor

RESOLUTION

BY THE BOARD OF REVIEW:

WHEREAS, the Assessor, in accordance with the direction of the City Council, did prepare special assessments concerning the operation of a meterless parking system for the downtown area, which assessments were by him placed on Assessment Roll No. 4257 in the amount of $38,315.00; and

WHEREAS, notice has been duly given that the City Council and Assessor would sit as a Board of Review in the City Hall Council Chambers at 161 W. Michigan Avenue, Jackson, Michigan, on Tuesday, the 11th day of August 2015, at 6:30 p.m. to hear any and all objections and suggestions by interested parties concerning such special assessments; and

WHEREAS, the matter of said review having come on to be heard, and the City Assessor and the City Council sitting as a Board of Review having heard all suggestions and objections made thereto, and having fully considered the same;

NOW, THEREFORE, BE IT RESOLVED that each and every special assessment as contained in said

roll is hereby confirmed and made a valid lien against the property and a valid claim against the owner thereof, and the City Clerk is hereby directed to make certifications of this determination and attach same to said roll, and to then turn said roll over to the City Treasurer for collection.

BE IT FURTHER RESOLVED that each and every special assessment as contained in said roll is hereby divided into two (2) equal installments without interest, the first of which is due and payable by October 12, 2015, and the second of which shall be due and payable by December 11, 2015. * * * * * State of Michigan) County of Jackson) ss City of Jackson )

I, Andrew J. Wrozek, Jr., City Clerk in and for the City of Jackson, County and State aforesaid, do hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Jackson City Council sitting as a Board of Review on the 12th day of August, 2015.

IN WITNESS WHEREOF, I have hereto affixed my signature and the Seal of the City of Jackson, Michigan, this 12th day of August, 2015.

_______________________________________ Andrew J. Wrozek, Jr., City Clerk

of 1

Neighborhood & Economic Operations

Building a Stronger Community

161 W. Michigan Avenue Jackson, MI 49201-1303

Phone (517) 788-4060 Facsimile (517) 780-4781


AUGUST 11, 2015

MEMO TO: Honorable Mayor and City Council Members

FROM: City of Jackson Planning Commission

Chris Atkin, Planning Director


SUBJECT: Consideration to vacate 148.5 feet of Bagley St.

RECOMMENDATION: Open a Public Hearing on the Request to vacate 148.5 feet of Bagley St.

Approve the request to vacate 148.5 feet of Bagley St. (City Planning

Commission Recommends Approval)

The City Planning Commission considered a request to vacate 148.5 feet of Bagley St. A Public

Hearing held during the Wednesday, July 01, 2015 Planning Commission Meeting. The Planning

Commission recommended Approval of the applicant’s request to vacate 148.5 feet of Bagley St. as

follows:

Commissioner Griffin motioned to follow staff’s recommendation, Commissioner Dobies seconded, to

recommend City Council APPROVE the applicant’s request to vacate 148.5 feet of Bagley St.

Yeas- 5 (Stark, Troxel, Burtch, Griffin and Dobies); Nays- 0; Abstain- 0; Absent- 4 (Kubish, Mauldin,

Smith and Polaczyk).

RESOLUTION BY THE CITY COUNCIL:

WHEREAS, a petition has been filed by all of the persons, firms, corporations, and entities owning property abutting on or located in, under or over a street in the City of Jackson, Michigan, for the vacation of said street, more particularly described as:

THAT PORTION OF BAGLEY STREET DESCRIBED AS FOLLOWS: AN 80 FOOT WIDE STREET RUNNING NORTH & SOUTH, BEGINNING ON THE WEST SIDE OF BAGLEY STREET 271 3/8 SOUTH OF THE SOUTH LINE OF MITCHELL STREET, BEING THE NORTHEAST CORNER OF LOT 12, BLOCK 2, CARR’S EAST ADDITION, THENCE CONTINUING SOUTH ALONG THE WEST LINE OF BAGLEY STREET 148.5 FEET TO THE SOUTHEAST CORNER OF LOT 16, BLOCK 2, SAID POINT BEING THE NORTHWEST CORNER OF A PORTION OF BAGLEY STREET PREVIOUSLY VACATED BY CITY COUNCIL ON OCTOBER 17, 1979, THENCE EAST 80 FEET TO THE EAST SIDE OF BAGLEY STREET AND THE SOUTHWEST CORNER OF LOT 15, BLOCK 3, CARR’S SOUTH ADDITION, THENCE NORTH ALONG THE EAST SIDE OF BAGLEY STREET 148.5 FEET TO THE NORTHWEST CORNER OF LOT 11, BLOCK 3, THENCE WEST 80 FEET TO THE POINT OF BEGINNING, SAID PORTION OF BAGLEY STREET LYING EAST OF LOTS 12, 13 & 16, BLOCKS 2, CARR’S SOUTH ADDITION AND WEST OF LOTS 11, 14 & 15, BLOCK 3, CARR’S SOUTH ADDITION, CITY OF JACKSON, JACKSON COUNTY, STATE OF MICHIGAN.

WHEREAS, it is determined that all persons, firms, corporations, and entities who will be affected by said vacation have filed with

the City Council their written consent to the same, and that it is necessary for the health, welfare, comfort, and safety of the people of the City to vacate and discontinue such street;

NOW, THEREFORE, BE IT RESOLVED that the above-described street be, and the same is hereby vacated, and the land shall revert to the abutting property free from any claim or right on the part of the public and, except as otherwise provided herein, all public claims and rights in and to said street are hereby forever barred.

BE IT FURTHER RESOLVED that the vacation of the above-described street is upon the condition that title to all water, sewer, gas, electric, and communication poles, wires, conduits, cables, pipes, lines, and their respective appurtenances and facilities now or hereafter in, under or over said street are reserved to and shall remain in the respective owners thereof and their successors or assigns, together with an easement and continued right to occupy said street within the previous right-of-way thereof for public utility purposes, with present and additional facilities, and to operate, repair, maintain, replace or remove the same to the same effect and in the same manner as if said street remained a public way.

BE IT FURTHER RESOLVED that any abutting property owner, and their respective successors, heirs or assigns who wish to erect any structure on, or cause construction to, or otherwise modify or improve the now vacated right-of-way, shall first obtain the written permission of any utility owner who retains a right of occupancy and easement in said vacated right-of-way. Said written permission is required to ensure noninterference with the utility owner's easement and right of occupancy.

* * * * *

State of Michigan) County of Jackson) ss City of Jackson)

I, Andrew J. Wrozek, Jr., City Clerk in and for the City of Jackson, County and State aforesaid do hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Jackson City Council on the 11th day of August, 20 I 5.

IN WITNESS WHEREOF, I have hereunto affixed my signature and the Seal of the City of Jackson, Michigan, on this 11th day of August, 201 5.

Andrew J. Wrozek, Jr., City Clerk

of 3


161 W. Michigan Avenue • Jackson, MI 49201-1303

Phone (517) 788-4060 • Facsimile (517) 780-4781

PLANNING COMMISSION MEETING JULY 01, 2015

MEMO TO: Planning Commission FROM: Chris Atkin, Planning Director DATE: June 25, 2015 SUBJECT: Petition to vacate the southern 148.5 feet of Bagley St. MOTION 1: Receive the staff report. HEARING: Conduct a public hearing to vacate the southern 148.5 feet of Bagley St. MOTION 2: Consideration of a petition to recommend that City Council vacate the southern 148.5 feet of

Bagley St. (staff recommends approval).

Applicant: Mr. Chris Crisenberry on behalf of Mr. James McCluskey (Elm Plating)

Location: Petition to vacate the southern 148.5 feet of Bagley St.

Application Received Date: May 26, 2015

Latest Revisions: None

Zoning: I-2 – General Industrial district

Applicant Requested: Petition to Vacate the southern 148.5 feet of Bagley St.

Staff Recommendation: Approve Request

Overview and Applicable Zoning Criteria

Planning Commission – Staff Report

Page 2 of 3

The following is the process that a petitioner must follow to vacate a street or an alley:

In order for the City Council to vacate a street or alley a petition to do so must be circulated. The following information must be provided by the applicant on the petition. It is suggested that the petition circulator follow the steps that are set forth below:

1. Obtain this procedure form from the City Clerk’s Office

2. Visit the City Assessor's office on the 9th floor of City Hall. The Assessor’s office will:

a. Determine if the street/alley is public or private. If the street/alley is private, no City Council action is required.

b. Prepare and place the legal description on a petition.

c. Provide the petition circulator with a listing of all title owners of record for each lot or parcel abutting the street or alley to be vacated, including the names of any land contract purchasers of record, and a copy of a plat map showing the affected properties. (Completion of this process may take a few days.)

3. Review the records of the Jackson County Register of Deeds to confirm that the names of persons with interest in the affected parcels, as supplied by the City Assessor's office, are complete and accurate. In lieu of searching the records, the petition circulator may wish to request a search by a title company. There will be a charge for this service. (FAILURE TO LIST ALL PERSONS WITH INTEREST IN THE AFFECTED PROPERTIES MAY INVALIDATE THE PETITION.)

Street & Alley Vacation Procedures

Maps

Subject Location Air Photo

Planning Commission – Staff Report

Page 3 of 3

4. Obtain the signatures of each of the persons listed in the above-described records on the petition provided.

a. Signatures must be in the name of each individual with an interest; i.e., Jane Doe and John Doe, not Mr. and Mrs. John Doe.

b. Corporations must be signed for by the Chief Executive Officer or authorized person. An authorization or other corporate document naming the individual with authority to sign on behalf of the corporation or entity must be provided to the City with the signed petition.

5. File the completed petition with the City Clerk, and the following steps will be taken by the City of Jackson:

a. The City Clerk will place the petition on the City Council agenda for receipt and referral to staff.

b. The petition will be reviewed by the City Attorney's office to verify its legality, then forwarded to the City Planning Commission.

c. The City Planning Commission staff will conduct their investigation and make a recommendation to the City Planning Commission who will consider the petition.

d. The City Clerk's office will receive the recommendation from the City Planning Commission, prepare a resolution, and place the item on the City Council agenda for consideration.

NOTE: Any Vacation by the City of Jackson will be subject to a reservation of utility rights-of-way in the street or alley. Therefore, any building or structure erected may not be permitted if it infringes upon the utility rights-of-way. Further, if you plan to erect a building or structure on a vacated street or alley, make certain that it complies with the City’s Zoning Ordinance.

Conclusion

Staff has confirmed that the applicant has followed the procedures as outlined above and received the necessary approvals. The Planning Commission’s review and recommendation to Council of this request will satisfy item 5.c. of the process to vacate a street or alley.

The following comments are based on staff’s review and findings:

• The applicant has contacted the Engineering Department confirmed the location of the public utilities within the current right of way and under;

• The applicant understands the responsibility of maintenance if the street is vacated; and

• Vacating a portion of the street will cause no undue hardship to the general public;

Recommendation

Based on the preceding investigation and conclusions, staff recommends that the Planning Commission present their findings to City Council to APPROVE the petitioners request to the southern 148.5 feet of Bagley St.. ___________________________ Christopher M. Atkin, Planning Director Att’: Petition Public Notice

Conclusion and Recommendation

DATE:

MEMO:

FROM:

SUBJECT:

Andrew J. Wrozek, Jr. c;g Treasnrer/Cjqr Clerk

161 W. Michigan Avenue - Jackson, MI 49201 Treasurer (517)788-4043 •Income Tax Office (517)788-4044 •Clerk (517) 788-4025

CITY COUNCIL MEETING June 9, 2015

June 3, 2015


Andrew J. Wrozek, Jr. City Treasurer/Clerk ~

Receipt of Street Vacation Petition

RECOMMENDATION: RECEIPT OF A PETITION CIRCULATED BY CHRIS CRISENBERRY OF 2797 SPRING ARBOR ROAD, SUITE B, JACKSON, MICIDGAN 49203, TO VACATE THAT PORTION OF BAGLEY STREET DESCRIBED AS FOLLOWS: AN 80 FOOT WIDE STREET RUNNING NORTH & SOUTH, BEGINNING ON THE WEST SIDE OF BAGLEY STREET 271-3/8 FEET SOUTH OF THE SOUTH LINE OF MITCHELL STREET, BEING THE NORTHEAST CORNER OF LOT 12, BLOCK 2, CARR'S EAST ADDITION, THENCE CONTINUING SOUTH ALONG THE WEST LINE OF BAGLEY STREET 148.5 FEET TO THE SOUTHEAST CORNER OF LOT 16, BLOCK 2, SAID POINT BEING THE NORTHWEST CORNER OF A PORTION OF BAGLEY STIIBET PREVIOUSLY VACATED BY THE CITY COUNCIL ON OCTOBER 17, 1979, THENCE EAST 80 FEET TO THE EAST SIDE OF BAGLEY STREET AND THE SOUTHWEST CORNER OF LOT 15, BLOCK 3, CARR'S SOUTH ADDITION, THENCE NORTH ALONG THE EAST OF BAGLEV STREET 148.5 FEET TO THE NORTHWEST CORNER OF LOT 11, BLOCK 3, THENCE WEST 80 FEET TO THE POINT OF BEGINNING, SAID PORTION OF BAGLEY STREET LYING EAST OF LOTS 12, 13 & 16, BLOCK 2, CARR'S SOUTH ADDITION AND WEST OF LOTS 11, 14 & 15, BLOCK 3, CARR'S SOUTH ADDITION, CITY OF JACKSON, JACKSON COUNTY, STATE OF MICIDGAN.

Attached please find the subject petition and map, circulated by Chris Crisenberry of 2797 Spring Arbor Road, Suite B, Jackson, Michigan, 49203. Recommended action is to receive the petition and refer it to staff for appropriate action.

Thank.you.

C. City Manager

PETITION FOR STREET CLOSING

To the Honorable Mayor and Members of the City Council City of Jackson, Michigan:

We the undersigned, being all of the persons owning property abutting on the street or alley, more particularly described as:

THAT PORTION OF BAGLEY STREET DESCRIBED AS FOLLOWS: AN 80 FOOT WIDE STREET RUNNING NORTH & SOUTH, BEGINNING ON THE WEST SIDE OF BAGLEY STREET 271-3/8 FEET SOUTH OF THE SOUTH LINE OF MITCHELL STREET, BEING THE NORTHEAST CORNER OF LOT 12, BLOCK 2, CARR'S EAST ADDITION, THENCE CONTINUING SOUTH ALONG THE WEST LINE OF BAGLEY STREET 148.5 FEET TO THE SOUTHEAST CORNER OF LOT 16, BLOCK 2, SAID POINT BEING THE NORTHWEST CORNER OF A PORTION OF BAGLEY STREET PREVIOUSLY VACATED BY CITY COUNCIL ON OCTOBER 17, 1979, THENCE EAST 80 FEET TO THE EAST SIDE OF BAGLEY STREET AND THE SOUTHWEST CORNER OF LOT 15, BLOCK 3, CARR'S SOUTH ADDITION, THENCE NORTH ALONG THE EAST SIDE OF BAGLEY STREET 148.5 FEET TO THE NORTHWEST CORNER OF LOT 11, BLOCK 3, THENCE WEST 80 FEET TO THE POINT OF BEGINNING, SAID PORTION OF BAGLEY STREET LYING EAST OF LOTS 12, 13 & 16, BLOCK 2, CARR'S SOUTH ADDITION AND WEST OF LOTS 11, 14 & 15, BLOCK 3, CARR'S SOUTH ADDITION, CITY OF JACKSON, JACKSON COUNTY, STATE OF MICHIGAN.

do hereby respectfully petition your honorable body to close and vacate said street or alley. The said street or alley has been dedicated as a public street or alley.

With respect to any taxes or special assessments levied or assessed against any property included in said street or alley, we and each of us do hereby waive any and all questions, claims or controversies relative to such taxes or special assessments which have or may hereafter be levied or assessed upon any part of the lands embraced in said street or alley, and we hereby assume and agree to pay all such taxes or special assessments thereon, and we further hereby consent to the vacating of the aforesaid street or alley.

NOTE: All persons interested either jointly or individually by deed or contract in relation to any property abutting on the street or alley proposed to be vacated are required to sign and date the above petition:

OWNER OF PROPERTY & SIGNATUREillATE

MCCLUSKEY PROPERTIES LLC 1319 SELMAVE JACKSON, MI 49203

*Needed for street vacations only.

Petition Circulated By:

DESCRIPTION OF PROPERTY LOTS 10 TO 24 INCL & W 40 FT OF VAC BAGLEY ST ADJOINING LOTS 17, 20, 21 & 24 ON THE EAST, BLK 2, CARR'S SOUTII ADD 6-172700000 1319 S ELM AVE, 5/15/1986-ALC; 1784-1244; 1784-1245• 1784-1246; 1784-1248

LOTS 11, 12, 13, 14, 15 & 16, BLK 3, CARR'S SOUTH ADD 6-1740.1000 1317BAGLEY AVE, 1741-224;2044-1071

LOTS 17 TO 24 INCL, BLK 3, CARR'S SOUTH ADD 6-1745.1000 LEWIS ST, 1686-699; 1741-224

Name: ~~r~s ' C1~S~A.bQ\j Date: Address: ;;i 7 7 ) .Sf'r' '1.C) A rLl.,t rd. .s u f t12 3 City, State, Zip: j c.,_(_u_j ,;o' .. M ( t/7zo)

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City Council

161 W. Michigan Avenue - Jackson, MI 49201-1303

Telephone: (517) 788-4028 — Facsimile: (517) 768-5820


MEMO TO: Honorable Mayor and City Councilmembers

FROM: Daniel P. Greer, 3rd Ward City Councilmember DATE: August 11, 2015 SUBJECT: MML Annual Convention – Voting Delegate (Revised) RECOMMENDATION:

To nominate and elect Vice Mayor Derek Dobies as the voting delegate, and Mayor Jason Smith to serve as the alternate voting delegate to represent the City at the Annual Michigan Municipal League Convention to be held in Traverse City, from September 16-18, 2015.

Attached is information regarding the upcoming Annual Michigan Municipal League (MML) Convention to be held September 16-18, 2015, in Traverse City. Your consideration and approval of Vice Mayor Dobies’ designation as voting delegate, and Mayor Smith as alternate voting delegate is appreciated. DPG:skh Attachment

Convention Agenda-at-a-glance I League Events

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Community Excellence Awards

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Thursday, September 17, 2015

7 00 am - 5:00 pm

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Registration Hours

Michigan Association of Mayors Breakfast

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1

City Attorney

161 W. Michigan Avenue – Jackson, MI 49201

Telephone: (517) 788-4050; (517) 788-4023 Facsimile: 866-971-2117


MEMO TO: Honorable Mayor and City Councilmembers FROM: Bethany M. Smith, City Attorney Robert Rottach, Assistant City Attorney DATE: August 5, 2015 SUBJECT: Amendments to Chapter 2.5, Article 2, Section 2.5-26 of the City of Jackson

Code of Ordinances to provide for the enforcement of an Administrative Hearings Bureau Judgment in the same manner as liens for delinquent taxes under the general property tax act.

RECOMMENDATION: Approve the Amendments to Chapter 2.5, Article 2, Section 2.5-26

of the City of Jackson Code of Ordinances to provide for the enforcement of an Administrative Hearings Bureau (“AHB”) Judgment in the same manner as liens for delinquent taxes under the general property tax act.

Attached, please find a black line and clean version of the amendments to Chapter 2.5,

Article 2, Section 2.5-26 of the City of Jackson Code of Ordinances. The City’s current ordinance does not permit the City to use an AHB Judgment to enforce a lien on the blighted property that is collected in the same manner as liens for delinquent taxes under the general property tax act (placed on the tax roll). MCL 117.4r does allow the city to enforce an AHB judgment (with proper notice and recording) in the same manner as are liens for delinquent taxes under the general property tax act. This proposed ordinance will allow the City to enforce ABH judgments in the same manner as are liens for delinquent taxes under the general property tax act. Enforcing ABH judgments in the same manner as liens for delinquent taxes under the general property tax act will be considerably more effective in collecting on AHB judgments than our current method of collecting on judgment liens. The City’s current method of collecting on judgment liens only requires the judgment to be paid if the property is sold; otherwise, there is not a mechanism to collect.

2

The City will not enforce an AHB Judgment in the same manner as liens for delinquent

taxes under the general property tax act against principal residences. Rather, the City will use our current method of imposing a judgment lien (which does not include foreclosure) on principal residences and try to collect.

The requisite action is to approve the Ordinance.

If Council has any questions, please feel free to contact me. cc w/att: Patrick H. Burtch, City Manager

1

ORDINANCE 2015 - _______

An Ordinance amending Chapter 2.5, Article 2, Section 2.5-26 of the City of Jackson Code of Ordinances to provide for the enforcement of an Administrative Hearings Bureau Judgment in the same manner as are liens for delinquent taxes under the general property tax act, for the health, safety, and welfare of the citizens of the City of Jackson, Michigan.

THE PEOPLE OF THE CITY OF JACKSON ORDAIN:

Section 1. Purpose.

The City Council adopts this ordinance to provide for the enforcement of an Administrative Hearings Bureau Judgment in the same manner as are liens for delinquent taxes under the general property tax act, for the health, safety, and welfare of the citizens of the City of Jackson, Michigan.

Section 2.

That Chapter 2.5, Article 2, Section 2.5-26 of the City of Jackson Code of Ordinances shall read as follows:

Sec. 2.5-26. - Enforcement of administrative hearing officer's order.

(a) Any fine, sanction, or cost imposed by an administrative hearing officer's order that remains unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures is a debt due and owing the city and, as such, may be collected in accordance with applicable law.

(b) After the expiration of the period in which judicial review may be sought, unless stayed by a court of competent jurisdiction, the findings, decision, and order of an administrative hearing officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.

(c) In any case in which a respondent fails to comply with an administrative hearing officer's order to correct a code violation or imposing a fine or other sanction as a result of a code violation, any expenses incurred by the city to enforce the administrative hearing officer's order, including but not limited to, attorney's fees, court costs, and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or an administrative hearing officer is a debt due and owing the city. Before an administrative hearing officer fixes any expense, the respondent must be provided notice that states that the respondent must appear at a hearing before an administrative hearing officer to determine whether the respondent has failed to comply with the administrative hearing officer's order. The notice must set the time for the hearing, which may not be less than seven (7) days from the date that notice is served. Notice is

2

sufficient if served by first class mail and the seven-day period begins to run on the date that the notice is deposited in the mail.

(d) Upon being recorded with the County Register of Deeds in the manner required by the Uniform Commercial Code, a lien is imposed on the real propertyestate or personal propertyestate, or both, of the respondent in the amount of a debt due and owing the Ccity. In addition, the City shall send a written notice of the lien by first-class mail to the owner of record of the land, building, or structure at the owner's last known address as shown by the records of the City Assessor. The lien may be enforced in the same manner manner as are liens for delinquent taxes under the general property tax act, 1893 PA 206, as amended.as a judgment lien pursuant to a judgment of a court of competent jurisdiction Property that is exempt as a principal residence under section 7cc of the general property tax act, 1893 PA 206, MCL 211.7cc, is not subject to forfeiture, foreclosure, and sale under sections 78 to 79a of the general property tax act, 1893 PA 206, MCL 211.78 to 211.79a, for nonpayment of a civil fine or costs or an installment ordered under MCL 117.4q unless the property is also subject to forfeiture, foreclosure, and sale under sections 78 to 79a of the general property tax act, 1893 PA 206, MCL 211.78 to 211.79a, for delinquent property taxes. A lien against property that is exempt as a principal residence under section 7cc of the general property tax act and is not subject to forfeiture, foreclosure, and sale under sections 78 to 79a of the general property tax act may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction.

(e) Nothing in this section prevents the city from enforcing or seeking to enforce any order of an administrative hearing officer in any manner, which is in accordance with applicable law.

Section 3. This Ordinance takes effect thirty (30) days from the date of adoption.

https://a.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000043&cite=MIST211.7CC&originatingDoc=N3FAB76E1768011E3ABF4B0DAF309B246&refType=LQ&originationContext=document&transitionType=DocumentItem&contextData=(sc.UserEnteredCitation)

https://a.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000043&cite=MIST211.78&originatingDoc=N3FAB76E1768011E3ABF4B0DAF309B246&refType=LQ&originationContext=document&transitionType=DocumentItem&contextData=(sc.UserEnteredCitation)

https://a.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000043&cite=MIST211.79A&originatingDoc=N3FAB76E1768011E3ABF4B0DAF309B246&refType=LQ&originationContext=document&transitionType=DocumentItem&contextData=(sc.UserEnteredCitation)




1

ORDINANCE 2015 - _______

An Ordinance amending Chapter 2.5, Article 2, Section 2.5-26 of the City of Jackson Code of Ordinances to provide for the enforcement of an Administrative Hearings Bureau Judgment in the same manner as are liens for delinquent taxes under the general property tax act, for the health, safety, and welfare of the citizens of the City of Jackson, Michigan.


Section 1. Purpose.

The City Council adopts this ordinance to provide for the enforcement of an Administrative Hearings Bureau Judgment in the same manner as are liens for delinquent taxes under the general property tax act, for the health, safety, and welfare of the citizens of the City of Jackson, Michigan.

Section 2.

That Chapter 2.5, Article 2, Section 2.5-26 of the City of Jackson Code of Ordinances shall read as follows:

Sec. 2.5-26. - Enforcement of administrative hearing officer's order.

(a) Any fine, sanction, or cost imposed by an administrative hearing officer's order that remains unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures is a debt due and owing the city and, as such, may be collected in accordance with applicable law.

(b) After the expiration of the period in which judicial review may be sought, unless stayed by a court of competent jurisdiction, the findings, decision, and order of an administrative hearing officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.

(c) In any case in which a respondent fails to comply with an administrative hearing officer's order to correct a code violation or imposing a fine or other sanction as a result of a code violation, any expenses incurred by the city to enforce the administrative hearing officer's order, including but not limited to, attorney's fees, court costs, and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or an administrative hearing officer is a debt due and owing the city. Before an administrative hearing officer fixes any expense, the respondent must be provided notice that states that the respondent must appear at a hearing before an administrative hearing officer to determine whether the respondent has failed to comply with the administrative hearing officer's order. The notice must set the time for the hearing, which may not be less than seven (7) days from the date that notice is served. Notice is

2

sufficient if served by first class mail and the seven-day period begins to run on the date that the notice is deposited in the mail.

(d) Upon being recorded with the County Register of Deeds , a lien is imposed on the real property or personal property, or both, of the respondent in the amount of a debt due and owing the City. In addition, the City shall send a written notice of the lien by first-class mail to the owner of record of the land, building, or structure at the owner's last known address as shown by the records of the City Assessor. The lien may be enforced in the same manner as are liens for delinquent taxes under the general property tax act, 1893 PA 206, as amended. Property that is exempt as a principal residence under section 7cc of the general property tax act, 1893 PA 206, MCL 211.7cc, is not subject to forfeiture, foreclosure, and sale under sections 78 to 79a of the general property tax act, 1893 PA 206, MCL 211.78 to 211.79a, for nonpayment of a civil fine or costs or an installment ordered under MCL 117.4q unless the property is also subject to forfeiture, foreclosure, and sale under sections 78 to 79a of the general property tax act, 1893 PA 206, MCL 211.78 to 211.79a, for delinquent property taxes. A lien against property that is exempt as a principal residence under section 7cc of the general property tax act and is not subject to forfeiture, foreclosure, and sale under sections 78 to 79a of the general property tax act may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction.

(e) Nothing in this section prevents the city from enforcing or seeking to enforce any order of an administrative hearing officer in any manner, which is in accordance with applicable law.


https://a.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000043&cite=MIST211.7CC&originatingDoc=N3FAB76E1768011E3ABF4B0DAF309B246&refType=LQ&originationContext=document&transitionType=DocumentItem&contextData=(sc.UserEnteredCitation)






City Attorney

161 W. Michigan Avenue – Jackson, MI 49201 Telephone: (517) 788-4050; (517) 788-4023 Facsimile: 866-971-2117


MEMO TO: Honorable Mayor and City Councilmembers FROM: Bethany M. Smith, City Attorney Robert Rottach, Assistant City Attorney DATE: August 5, 2015 SUBJECT: Amendments to Chapter 14, Article 2, Section 14-51 of the City of Jackson Code

of Ordinances to allow a property owner to seek a variance of the housing code within ninety (90) days after a notice of violation is issued.

RECOMMENDATION: Approve the Amendments to Chapter 14, Article 2, Section 14-51

of the City of Jackson Code of Ordinances to allow a property owner to seek a variance of the housing code within ninety (90) days after a notice of violation is issued.

Attached, please find a black line and clean version of the amendments to Chapter 14,

Article 2, Section 14-51 of the City of Jackson Code of Ordinances. This Ordinance will require a person to seek a variance to the City’s Building Code Board of Examiners and Appeals regarding a provision of the housing code within ninety (90) days after a notice of violation is issued.

This Ordinance will prevent a property owner from seeking a variance when there is

already an Administrative Hearings Bureau (“ABH”) case pending against the property owner regarding the issue the property owner is seeking a variance for. This Ordinance will also prevent the situation where two decision making bodies of the City are hearing the same matter and could potentially reach difference results. Consistent application of code enforcement is more effective, equitable, and efficient for the City and property owners.

The requisite action is to approve the Ordinance.

If Council has any questions, please feel free to contact me. cc w/att: Patrick H. Burtch, City Manager

1

ORDINANCE 2015 - _______

An Ordinance amending Chapter 14, Article 2, Section 14-51 of the City of Jackson Code of Ordinances to allow a property owner to seek a variance of the housing code within ninety (90) days after a notice of violation is issued, for the health, safety, and welfare of the citizens of the City of Jackson, Michigan.


Section 1. Purpose.

The City Council adopts this ordinance to allow a property owner to seek a variance of the housing code within ninety (90) days after a notice of violation is issued, for the health, safety, and welfare of the citizens of the City of Jackson, Michigan.

Section 2.

That Chapter 14, Article 2, Section 14-51 of the City of Jackson Code of Ordinances shall read as follows:

Sec. 14-51. - VarianceAppeal.

(a) An owner, or agent thereof, whose structure(s) has been inspected, may apply to the building code board of examiners and appeals for a hearing, no later than ninety (90) days after the notice of violation is issued, for consideration of receiving a specific variance to a requirement of this article that is identified as a violation or correction order in the notice of violation(s). The building code board of examiners and appeals may grant a specific variance to any requirement of this article if the literal application of a requirement would result in practical difficulty for compliance with the particular section(s) at issue. An owner, or agent thereof, whose building has been inspected, may apply to the building code board of examiners and appeals for a hearing for reconsideration of the notice of violation(s) and any correction order(s) contained therein. No variance shall be granted if same would result in either the purpose or the intent of the particular section(s) at issue being abrogated. The building code board of examiners and appeals may attach in writing any conditions in connection with the granting of a variance that, in its judgment, are necessary to protect the health, safety and welfare of the people of the city. In authorizing a variance, the board shall require such evidence as it may deem necessary to insure that the purpose and intent of the particular section(s) at issue will be satisfied. In reviewing a request for a variance, the board shall consider the following to determine whether practical difficulty exists:

(1) Whether there are exceptional or extraordinary conditions applying to the property that do not apply to other similar properties;

2

(2) Whether the exceptional or extraordinary conditions resulted from the action of the property owner;

(3) Whether there exists alternative or equivalent methods or materials that would allow the purpose and intent of the particular section(s) at issue to be satisfied;

(4) Whether strict compliance with the ordinance [this chapter] requirements would be unreasonably burdensome on the property owner;

(5) Whether strict compliance with the ordinance [this chapter] requirements would cause a financial hardship for the property owner;

(6) Whether the granting of a variance would result in a substantial detriment to the property; and

(7) Whether the variance requested is the minimum variance possible that would still allow the purpose and intent of the particular section(s) at issue to be met.

(b) An owner, or agent thereof, whose building, structure, or dwelling has been determined

to be unfit for human habitation by the chief building official and where a notice to vacate has been served under section 14-46, may appeal the determination of the chief building official to the building code board of examiners and appeals for a hearing to determine if the notice to vacate should be upheld or discharged. The building code board of examiners and appeals shall uphold the notice to vacate if it determines that the building, structure, or dwelling is unfit for human habitation or discharge the notice to vacate if it determines that the building, structure, or dwelling is fit for human habitation.


1

ORDINANCE 2015 - _______

An Ordinance amending Chapter 14, Article 2, Section 14-51 of the City of Jackson Code of Ordinances to allow a property owner to seek a variance of the housing code within ninety (90) days after a notice of violation is issued, for the health, safety, and welfare of the citizens of the City of Jackson, Michigan.


Section 1. Purpose.

The City Council adopts this ordinance to allow a property owner to seek a variance of the housing code within ninety (90) days after a notice of violation is issued, for the health, safety, and welfare of the citizens of the City of Jackson, Michigan.

Section 2.

That Chapter 14, Article 2, Section 14-51 of the City of Jackson Code of Ordinances shall read as follows:

Sec. 14-51. - Variance.

(a) An owner, or agent thereof, whose structure(s) has been inspected, may apply to the building code board of examiners and appeals for a hearing, no later than ninety (90) days after the notice of violation is issued, for consideration of receiving a specific variance to a requirement of this article that is identified as a violation or correction order in the notice of violation(s). The building code board of examiners and appeals may grant a specific variance to any requirement of this article if the literal application of a requirement would result in practical difficulty for compliance with the particular section(s) at issue. No variance shall be granted if same would result in either the purpose or the intent of the particular section(s) at issue being abrogated. The building code board of examiners and appeals may attach in writing any conditions in connection with the granting of a variance that, in its judgment, are necessary to protect the health, safety and welfare of the people of the city. In authorizing a variance, the board shall require such evidence as it may deem necessary to insure that the purpose and intent of the particular section(s) at issue will be satisfied. In reviewing a request for a variance, the board shall consider the following to determine whether practical difficulty exists:

(1) Whether there are exceptional or extraordinary conditions applying to the property that do not apply to other similar properties;

(2) Whether the exceptional or extraordinary conditions resulted from the action of the property owner;

2

(3) Whether there exists alternative or equivalent methods or materials that would allow the purpose and intent of the particular section(s) at issue to be satisfied;

(4) Whether strict compliance with the ordinance [this chapter] requirements would be unreasonably burdensome on the property owner;

(5) Whether strict compliance with the ordinance [this chapter] requirements would cause a financial hardship for the property owner;

(6) Whether the granting of a variance would result in a substantial detriment to the property; and

(7) Whether the variance requested is the minimum variance possible that would still allow the purpose and intent of the particular section(s) at issue to be met.

(b) An owner, or agent thereof, whose building, structure, or dwelling has been determined

to be unfit for human habitation by the chief building official and where a notice to vacate has been served under section 14-46, may appeal the determination of the chief building official to the building code board of examiners and appeals for a hearing to determine if the notice to vacate should be upheld or discharged. The building code board of examiners and appeals shall uphold the notice to vacate if it determines that the building, structure, or dwelling is unfit for human habitation or discharge the notice to vacate if it determines that the building, structure, or dwelling is fit for human habitation.


City Attorney

161 W. Michigan Avenue -Jackson, MI 49201 Telephone: (517) 788-4050; (517) 788-4023 • Facsimile: 866-971-2117



FROM: Bethany M. Smith, City Attorne.@


SUBJECT: Selling of Properties Acquired for the Hardest Hit Blight Elimination Program

RECOMMENDATION: Approve a Resolution Prohibiting Sales of Properties Acquired for the Hardest Hit Blight Elimination Program.

City staff members have been approached by several individuals who would like to purchase properties that the City of Jackson acquired with the intention of the properties being a part of the Help for the Hardest Hit Blight Elimination Program ("H4HH Program). After discussions with the City Manager and staff, I would recommend to the Council that there be passage of a Resolutio11 prohibiti11g tl1e sale of properties acquired for tl1e H4HH Progran1 to private citizens or private organizations. The reasons for my recommendations are as follows:

1. The purpose of participation in the H4HH Program is to eliminate the stock of blighted housing. Selling blighted properties would not further this goal.

The goal behind the H4HH Program, and the entire reason for its existence, is to reduce the stock of blighted properties in the City. Turning around and selling these blighted properties to individuals will not realize the goal and intent of the Program. A great deal of staff time has been devoted to acquiring these properties, securing these properties and preparing the prope1iies for demolition in fu1iherance of the goals of reducing the stock of blighted housing. All of this effort and expense would be negated if the property is sold and ends up back in the housing stock.

2. Development Agreements or Rehabilitation Agreements would be needed.

If the properties were to be sold, it should only be upon the signing of a Development Agreement (if not condemned) or a Rehabilitation Agreement (if condemned). The new owner would need to be placed on short timelines to bring the property completely in compliance with the Code. The new owner would also have to show the financial ability to be able to bring the property up to Code and should be made to

place money into escrow before the sale takes place to pay for repairs or for demolition. The City has mixed success with these types of Agreements. Even those that are successful require a great deal of staff time to monitor.

3. Prices to sell the properties would need to take into account the expenses incurred in acquiring the properties which would increase the prices substantially.

The City could not simply sell the property for what the City paid for the prnperty. There have been many expenses and costs incuned to acquire the properties that would need to be added to the price. These costs and expenses include, but are not limited to, realtor commissions, closing costs, document preparation fees and recording fees. Aldo included would be costs to board and secure the property, as well as the costs to mow grass and remove weeds. The City has also paid for liability insurance for these properties. In addition, large an1ounts of staff time have been spent in the acquisition of properties. All of these costs and expenses would need to be recouped when selling the property.

For the foregoing reasons, 1 would recommend passage of the attached Resolution that prohibits sales of prope1iies acquired for the Help for the Hardest Hit Blight Elimination Program. The council would be free to consider this issue again in the future if needs change. This prohibition would not apply to the Community Action Agency.

CITY OF JACKSON, MICHIGAN

A RESOLUTION PROHIBITING THE SALE OF PROPERTIES ACQUIRED FOR THE HELP FOR THE HARDEST HIT BLIGHT ELIMINATION PROGRAM

BY THE CITY COUNCIL:

WHEREAS, the City of Jackson is participating in the Help for the Hardest Hit Blight Elimination Program and has received a grant for $5.5 Million Dollars for participation in the Program; and

WHEREAS, the stated purpose of the Program is to decrease the number of blighted residential structures in the City; and

WHEREAS, City staff has spent a great deal of time acqumng prope1ties for the Program and preparing these properties for demolition in order to meet the Program's goal of reducing the number of blighted residential structures in the City; and

WHEREAS, the City has incmTed considerable expense in the acquisition of properties for the Program in order to meet the Program's goal of decreasing the number of blighted residential structures in the City; and

WHEREAS, the Program places the City on certain aggressive deadlines whereby certain numbers of houses must be acquired and demolished within a certain period of time;

WHEREAS, selling properties that were acquired for the Pro gram would be contradictory to the stated purpose of the Program and would hinder the City's ability to meet its deadlines under the Program; and

WHEREAS, the time and expense to purchase a property for the Program would be nullified ifthe property were then sold to a private individual to rehabilitation; and

NOW, THEREFORE, BE IT RESOLVED, that the City of Jackson City Council prohibits the sale of prope1ties acquired for the Help for the Hardest Hit Blight Elimination Program; and

BE IT FURTHER RESOLVED, that the City of Jackson City Council may however sell prope1ties to the C01mnunity Action Agency for rehabilitation in suppo1t of the City's paitnership with the Connnunity Action Agency.

State of Michigan ) County of Jackson) ss City of Jackson )

* * * * *

I, Andrew J. Wrozek, Jr., City Clerk in and for the City of Jackson, County and State of Michigan, do hereby certify that the foregoing is a true and complete copy of a Resolution adopted by the Jackson City Council on the day of , 2015.

IN WITNESS WHEREOF, I have hereto affixed my signature and the seal of the City of Jackson, Michigan, on this_ day of , 2015.

Andrew J. Wrozek, Jr., City Clerk

City Attorney

161 W. Michigan Avenue -Jackson, MI 49201 Telephone: (517) 788-4050; (517) 788-4023 •Facsimile: 866-971-2117



FROM: Bethany M. Smith, City Attorne~ DATE: August 5, 2015

SUBJECT: Resolution in Support of the Repeal of the Michigan Fireworks Safety Act of 2011

RECOMMENDATION: Approval of a Resolution in Support of the Repeal Of the Michigan Fireworks Safety Act of 2011

The Michigan Fireworks Safety Act became effective on January 1, 2012. The new statute makes the sale, use, and possession of "consumer fireworks" legal. Consumer fireworks are fireworks that are designed to produce visible and/or audible effects by combustion, such as firecrackers, Roman candles, and bottle rockets. A city may enact an ordinance regulating (including prohibiting) the ignition, discharge, and use of consumer fireworks, but such an ordinance cannot regulate (including prohibiting) the use of consumer fireworks on the day preceding, the day of, or the day after a national holiday. As provided in the Act:

MCL 28.457 Local ordinances.

Sec. 7. (1) Except as provided in this act, a local unit of government shall not enact or enforce an ordinance, code, or regulation pe1iaining to or in any manner regulating the sale, display, storage, transportation, or distribution of fireworks regulated under this act. (2) A local unit of government may enact an ordinance regulating the ignition, discharge, and use of consumer fireworks, including, but not limited to, an ordinance prescribing the hours of the day or night during which a person may ignite, discharge, or use consumer fireworks. If a local unit of government enacts an ordinance under this subsection, the ordinance shall not regulate the ignition, discharge, or use of consumer fireworks on the day preceding, the day of," or the day afler a national holiday except as follows:

(a) A local unit of government with a population of 50,000 or more or a local unit of government located in a county with a population of 750,000 or more may regulate the ignition, discharge, or use of consumer

fireworks between the hours of 12 midnight and 8 a.m. or between the hours of 1 a.m. and 8 a.m. on New Year's day. (b) A local unit of government with a population of less than 50, 000 located in a county with a population of less than 750, 000 may regulate the ignition, discharge, or use of consumer.fireworks between the hours of I a.m. and 8 a.m.

(3) An ordinance under subsection (2) shall only impose a civil fine of not more than $500.00 for each violation of the ordinance and no 01her fine or sanction.

History: 2011, Act 256, Jan. 1, 2012;';.;Am. 2013, Act 65, Imd. Eff. June 19, 2013.

The Michigan Fireworks Safety Act has created a myriad of problems for the Jackson Police Department and the Jackson Fire Department. Police Chief Matt Heins is in support of a change in the law. He states that the number of"shots fired" calls has gone up tremendously. He states that these types of calls "require a certain response due to officer safety, adding to the stress of the officers as well as increasing the hazards to the citizens due to the nature of the response." In addition, Chief Heins states that citizen complaints have increased putting additional strain on the Police Depa11me11t's already stretched resources. He remarks that when fireworks were illegal, the Police Department still received calls "but not to the degree that the Police Department sees today."

If Council approves this Ordinance, it will then be forwarded to Governor Snyder, Representative Poleski and Senator Mike Shirkey. Other municipalities have already sent similar Resolutions.

Please let me know if you need any other information. A copy of the Michigan Fireworks Safety Act of20! l is attached.

CITY OF JACKSON, MICHIGAN

A RESOLUTION URGING THE REPEAL OF THE MICHIGAN FIREWORKS SAFETY ACT OF 2011 THAT TOOK EFFECT ON JANUARY 1, 2012


WHEREAS, the State of Michigan adopted into law the Michigan Fireworks Safety Act 256 of201 l that took effect on January 1, 2012; and

WHEREAS, Act 256 now provides for the sale of consumer fireworks in various retail locations and limits the authority of a local unit of government to regulate sales; and

WHEREAS, Act 256 liberalized the law on selling fireworks and prohibited local govennnents from totally barming their use, resulting in far more fireworks-related noise, litter and potential safety issues; and

WHEREAS, the ironic outcome of the enacting the Michigan Fireworks Safety Act has resulted in the storage of explosives next to residences and businesses; and

V,THEREAS, Act 256 re111oves local co11trol at1cl discretion on tl1is sig11ificar1t subject; and

WHEREAS, the number of police calls and police responses has increased, adding more work and stress onto the City's police officers and adding extra expense to already strained public safety budgets.

NOW, THEREFORE, BE IT RESOLVED, that the City of Jackson City Council urges the Michigan Legislature to repeal Public Act 256 of 2011 the Michigan Fireworks Safety Act and recognize a local unit of goven1111ent's obligation to preserve the quality of life and safety that its citizens expect; and

BE IT FURTHER RESOLVED, that the City of Jackson City Cmmcil directs the City of Jackson City Clerk to fo1ward this resolution to the Governor of the State of Michigan, our State Senator and Representative.

* * * * *

State of Michigan ) County of Jackson ) ss City of Jackson )

I, Andrew J. Wrozek, Jr., City Clerk in and for the City of Jackson, County and State of Michigan, do hereby certify that the foregoing is a true and complete copy of a Resolution adopted by the Jackson City Council on the day of , 2015.

IN WITNESS WHEREOF, I have hereto affixed my signature and the seal of the City of Jackson, Michigan, on this_ day of , 2015.

Andrew .J. Wrozek, Jr., City Clerk

MICI-IIGAN FIREWORKS SAFETY ACT Act 256 of 2011

AN ACT to revise, consolidate, and codify the laws relating to certain fireworks; to regulate the purchase, possession, sale, cind use of certain fireworks; to establish a fireworks safety fund; to establish a fireworks safety fee; to provide for the trC111sfer and expenditure of funds; to prescribe the powers and duties of certain state agencies; to provide for penalties and ren1edies; and to repe(ll acts and p(lrts of acts.

History: 2011, Act 256, Eff. Jan. l, 2012.

The People o.f'the State o,f Mich;gan enact:

28.451 Short title. Sec. 1. This act shall be known and n1ay be cited as the 11Michigan fireworks safety act11

•

History: 2011, Act 256, Eff. Jim. 1, 2012.

28.452 Definitions. Sec. 2. As used in this act: (a) 11Agricultural and wildlife fireworksn n1eans fireworks devices distributed to fan11ers, ranchers, and

growers through a wildlife 111anagen1ent progran1 adn1inistered by the United States departn1ent of the interior or the depart111ent of natural resources of this state.

(b) nAPA standard 87-1 11 111eans 2001 APA standard 87-1, standard for construction and approval for transpo1iation of fireworks, novelties, and theatrical pyrotechnics, published by the An1erican pyrotechnics association of Bethesda, Ma1yland.

(c) !!Articles pyrotechnic 11 t11eans pyrotechnic devices for professional use that are shnilar to consun1er fireworks in chetnical con1position and constn1ction but not intended for consu1ner use, that n1eet the weight lin1its for consun1er fireworks but are not labeled as such, and that are classified as UN043 l or UN0432 under 49CPR172.101.

(d) ncitation" i11eans that tenn as described in section l 7a. ( e) 11 Con1111ercial n1anufacturer11 i11eans a person engaged in the n1anufacture of consun1er fireworks. (f) 11 Consun1er fireworks 11 i11eans fireworks devices that are designed to produce visible effects by

con1bustion, that are required to co111ply with the const1uction, chen1ical con1position, and labeling regul(ltions pro1nulgated by the United States consun1er product safety con1n1ission under 16 CPR parts 1500 and 1507, and that are listed in APA standard 87-1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks does not include low-in1pact fireworks.

(g) 11 Consun1er fireworks certificate 11 nieans a certificate issued under section 4. (h) nDepa1in1ent'1 ineans the departn1ent of licensing and regulatory affairs. (i) 11Display fireworks 11 nieans large fireworks devices that are explosive niaterials intended for use u1

fireworks displays and designed to produce visible or audible effects by con1bustion, deflagration, or detonation, as provided in 27 CPR 555.11, 49 CPR 172, and APA standard 87-1, 4.1.

U) "Firework" or 11 fireworks 11 ineans any con1position or device, except for a starting pistol, a flare gun, or a flare, designed for the purpose of producing a visible or audible effect by con1bustion, deflagration, or detonation. Fireworks consist of consun1er fireworks, low-in1pact fireworks, articles pyrotechnic, disp!E1y fireworks, and special effects.

(k) 11 Fireworks safety fundn 111eans the fireworks safety fund created in section 11. (l) nLocal unit of governn1ent11 111eans a city, village, or township. (111) 11 Low-in1pact fireworks 11 i11eans ground and handheld sparkling devices as th'1t phrase is defined under

APA standard 87-1, 3.1, 3.1.1.1to3.1.1.8, and 3.5. (n) 11Minor'1 111eans an individual who is less than 18 ye'1rs of age. ( o) "NFP A 1t nieans the national fire protection association headqua1tered at 1 Batte1yn1arch Park, Quincy,

Massachusetts. (p) "NPP A I" means the uniform fire code, 2006 edition, developed by NPPA. (q) 11NFPA 72 11 nie'1ns the 11National Fire Al'1rn1 Code 11

, 2002 edition, developed by NFPA. (r) "NFPA 101" means the "Life Safety Code", 2009 edition, developed by NPPA. (s) 11NFPA l l 23n 111eans the "Code for Fireworks Display11, 2010 edition, developed by NFPA. (t) nNFPA 1124" nieans the ncode for the Mcn1ufacture, Transportation, Storage, (Ind Retail Sales of

Fireworks and Pyrotechnic Aiticles", 2006 edition, developed by NFPA. (u) 11 NFPA 112611 nieans the 11 Standard for the Use of Pyrotechnics Before a Proxin1ate Audience11

, 2011 edition, developed by NFPA. Rendered Thursday, July 30, 2015

©Legislative Council, State of Michigan

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(v) "Noveltiesn 111enns that tern1 as defined under APA stm1dard 87-1, 3.2, 3.2.l, 3.2.2, 3.2.3, 3.2.4, and 3.2.5 and all of the following:

(i) Toy plastic or paper caps for toy pistols in sheets, strips, rolls, or individual caps containing not n1ore thcin .25 of a grain of explosive content per cap, in packnges lc1beled to indicate the niaxin1un1 explosive content per cap.

(ii) Toy pistols, toy cannons, toy canes, toy trick noise111akers, and toy guns in which toy caps as described in subparagraph {i) C1re used, that are constructed so that the hand connot con1e in contact with the cap when in place for the explosion, and that are not designed to breC1k apart or be separated so as to forn1 a n1issile by the explosion.

(iii) Flitter sparklers in paper tubes not exceeding 1/8 inch in dian1eter. (iv) Toy snakes not containing n1ercu1y, if packed in cardboard boxes with not n1ore than 12 pieces per box

for retail sale and if the nianufacturer1s na1ne and the quantity contained in each box are printed on the box; and toy sn1oke devices.

(w) 11Pern1anent building or structure11 is a building or structure that is affixed to a foundation on fl site that has fixed utility connections and that is intended to ren1nin on the site for niore than 180 consecutive calendar days.

(x) 11 Personn nieans an individual, agent, association, chciritable organization, con1pany, Ii1nited liability company, corporation, labor organization, legal representative, p21rtnership, unincorporated organization, or any other legal or con1n1ercial entity.

(y) 11Retailer11 1ne'1nS a person \Vho sells consun1er fireworks or low-in1pact fireworks for resale to an individual for ultin1ate use.

(z) 11 Retoil locationn nieC1ns a facility listed under NFPA 1124, 7 .1.2. {aa) 11Rule 11 nieans that tenn as defined in section 7 of the adn1inistrative procedures act of 1969, 1969 PA

306, MCL 24.207, that was promulgated by the department. (bb) 11 Serious i1npairment of a body function 11 nieans that te1m as defined in section 58c of the Michigan

vehicle code, 1949 PA 300, MCL 257.58c. (cc) 11 Serious violation 11 111eans a violation of this act, an order issued under this act, or a rule pron1ulgated

or adopted by reference under this act for which a substantial probC1bility exists that death or serious in1pain11ent of a body function to a person other than the violator 111ay result unless the violator did not and could not, with the exercise of reasonable diligence, kno\V of the presence of the violation.

(dd) 11 Special effects 11 ineans a con1bination of che1nical elen1ents or che1nical compounds capable of burning independently of the oxygen of the at111osphcrc and designed and intended to produce an audible, visual, n1echanical, or then11al effect as an integral pa1i of a 1notion picture, radio, television, theatrical, or opera production or live entert'1in1nent.

(ee) 11 State fire n1arshaP1 1neans the state fire nlClrshal appointed under section lb of the fire prevention code, 1941PA207, MCL 29.lb.

(ff) 11 Warehouse" nieans a perrnanent building or structure used prin1arily for the storage of consun1er fireworks or low-in1pact fireworks.

(gg) 11Wholesaler11 i11eans any person who sells consun1er fireworks or lo\v-in1pact fireworks to a retailer or any other person for resale. Wholesaler does not include a person who sells only display fire\vorks or special effects.

History: 2011, Act 256, Etf. Jan. 1, 2012;-Am. 2012, Act 257, Imd. Eff. July 2, 2012.

28.453 Novelties; inapplicability of act. Sec. 3. This act does not apply to novelties. Nothing in this act allows a local unit of govern1nent to enact

or enforce an ordinance, code, or regulation pertaining to, or in any nu1nner regulating, the sale, storage, display for sale, transportation, use, or distribution of novelties.

History: 2011, Act 256, Eff. Jan. 1, 2012.

28.454 Sale of consumer fireworks; certificate required; violation as misdemeanor; penalty; application; requirements; issuance; validity; issuance of original or renewal certificate; sales tax license information; denial; transfer; display; prohibition; location or address; disposition of fees. Sec. 4. ( l) A person shall not sell consu1ner fireworks unless the person annually obtains and n1aintains "

consun1er fireworks certificate fron1 the departn1ent under this section. A person who knows, or should know, that he or she is required to con1ply \Vith this subsection and who fails or neglects to do so is guilty of a niisden1eanor punishable by in1prison1nent for not 1nore than 2 years or a fine, or both, with the fine as follows: Rendered Thursday, July 30, 2015


Page 2 Michigan Compiled Laws Complete Through PA 130 of2015

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(a) For a first violation of this subsection, not n1ore than $5,000.00. (b) For a second violation of this subsection, not 111ore than $20,000.00. ( c) For a third or subsequent violation of this subsection, not 111ore than $40,000.00. (2) An application for a consun1er fireworks certificate shall 1neet all of the following requiren1ents: (8) The application shall be subn1itted no later than April 1 of each year in which consun1er fireworks are

to be sold. (b) The application shall list the nan1e and address of each retail location fi-0111 which consun1er fireworks

are to be sold. (c) The application shall be accon1panied by a fee of$ l,000.00 for a certificate for each retail location that

is a pennanent building or structure or $600.00 for each retail location that is not a pennanent building or structure. The fireworks certificate fee required to be paid for a retail location that is not a pennanent building or structure shall not exceed 60o/o of the fireworks ce1tificate fee for a retail location that is a pern1anent building or structure.

(d) The application shall be accon1panied by a copy of the applicant's current sales tax license, including the applicant1s account nun1ber, issued by the depart111ent of treasury for each retnil location \Vhere consun1er fire\.vorks are to be sold by the applicant.

(3) A consu1ner fireworks certificate issued under this section is valid fi·on1 the date of issue until April 30 of the year after it \Vas issued. A person n1ay renew a consun1er fireworks certificate for a retail location by 1naking application in the sa1ne inanner as provided under subsection (2). I-Iowever, the departn1ent shall not issue a renewal consun1er fireworks certificate unless the departn1ent detennines that the applicant properly ren1itted all of the fireworks safety fees required to be pe1id in the preceding yeC1r. The departn1ent shall provide to the departn1ent of treasu1y the sales tax license inforn1ation received fro111 the applicant and any additional infor111ation as n1ay be necessaty to allow the depart1nent oftreasu1y to confirn1 that each sales tax license subn1itted by the applicant is current and valid. The depa1tment shall enter into an agree1nent with the department of treasmy under section 28(1) of 1941 PA 122, MCL 205.28, that will allow the deparunent of treasu1y to provide that infonnation to the deparhnent. The depa1tn1ent shall not issue an original or renewal consu111er fireworks certificate to an applicant until the deparhnent of treasury has confin11ed to the depa1tn1ent that each sales te1x license subn1itted by the applicant is current and valid, and that the applicant is otherwise eligible to obtain a consun1er fireworks certificate under this act.

(4) Not inore than 30 days after an application is subn1itted to the departn1ent under this section, the depa1t1nent shall issue or deny issuance of a consun1er fireworks certificate to the applicant and, if issuance is denied, shall indicate to the applicant the reason for denial.

(5) If the depa1tn1ent denies issuance of a consun1er fireworks certificate under this section, the applicant inay cure any defect of the application within 45 days after the denial without paying an additional fee. The departn1ent shall not unreasonably dele1y or deny Pin application under this section.

(6) A consun1er fireworks certificate is tr8nsferable upon approval by the departn1ent and the payn1ent of a $25.00 transfer fee. 1-Iowever, the departn1ent shall not t1pprove the transfer of a consun1er fireworks certificate unless the transferee satisfies eligibility requiren1ents for an original consu1ner fireworks certificate under this act.

(7) The holder of a consun1er fireworks certificate she11l pro111inently display the origine1l or copy of the certificate in the appropriate retail location. A person that violates this subsection is responsible for a civil fine of$ I 00.00. Each day that the consu1ner fireworks ce1tificate is not displayed as required under this subsection is a separate violation.

(8) The departn1ent shall not issue a consun1er fireworks certificate to a person that is ineligible under this act.

(9) The face of the consu111er fireworks ce1tificnte shall indicate the location or address for which it was issued.

( 10) Fees collected under this section shall be deposited in the fireworks safety fund.

History: 2011, Act 256, Eff. Jan. I, 2012;-Am. 2012, Act 257, Im<l. Etf. July 2, 2012;-Am. 2013, Act 65, Jmd. Eff. June 19, 2013.

28.455 Sale of consumer fireworks from retail location; conditions; failure to comply; civil fine; insurance coverage. Sec. 5. ( 1) Consun1er fireworks shall only be sold fro1n a retail location if all of the following applicable

conditions are n1et: (e1) Except as provided in subdivision (b), a retail location satisfies the applicable requiren1ents of NFPA

101 and NFPA 1124 not in conflict with this act, and the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531. However, any provision of the Stille-DeRossett-I-Iale single state construction code act, 1972 PA 230, MCL 125.150 I to 125.1531, that is inconsistent with the applicable Rendered Thursday, July 30, 2015



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require1nents of NFPA I 0 I and NFPA 1124 is superseded to the extent of the inconsistency or conflict. (b) Beginning January I, 2013, a pern1anent building or structure shall be equipped with a fire suppression

system in compliance with NFPA 1124. (c) The retailer at thcit retail loccition is licensed under section 3 of the general sales tax e1ct, 1933 PA 167,

MCL 205.53. ( d) The retailer has a valid federal taxpayer identification nun1ber issued by the federal departinent of the

treasury, internal revenue service. This require111ent does not apply to a retailer that is a sole proprietorship. (2) A person that knows, or should know, that he or she is required to con1ply with subsection (I) and who

fC1ils or neglects to do so is responsible for a civil fine of $2,500.00 for each violation. Each day that a person is in noncon1pliance constitutes a separate violation.

(3) During periods \Vhen consun1er fireworks are sold, ecich retail location selling consun1er fireworks either shall be added as an additional insured, or public liability and product liability insurance coverage shall be obtained and niaintained, in an an1ount not less than $10,000,000.00 per occu1Tence. A person that knows, or should know, that he or she is required to con1ply with this subsection and who fails or neglects to do so is liable for a civil fine of not more than $5,000.00.

History: 2011, Acl 256, Eff. Jan. I, 2012;-Am. 2013, AcL 65, Imd. Eff. June 19, 2013.

28.456 Website; establishment and maintenance by department; registration with low-impact fireworks retail registry. Sec. 6. (1) The departn1ent shall establish and niaintain, or cause to be created and 111aintained, an internet

website that has as its purpose the protection of the residents of this state who purchase, use, or transport fireworks. The website shall include, at a niinin1un1, both of the following:

(a) A list of eve1y person and entity that is issued a consun1er fireworks certificate under section 4. (b) A low-impact fireworks retail registry. All of the following apply to the online low-impact fireworks

retail regist1y: (i) It shall be 111aintained C1nd openited at no cost to a user. (n) The cost of its niaintenance and operation shall be psid with funds described in section 11(4). (iU) It shall provide for instant registry without condition. (2) Beginning February 1, 2012, a person shall not sell low-impact fireworks unless he or she registers

with the low-impact fireworks retail registty not less than 10 days before selling the fireworks in each calendar year.

(3) P~ person \Vho sells lo\v-in1pact fire\vorks at retail and who fails to register as described in this section shall cease the sale oflow-in1pact fireworks until the person con1plies with subsection (2).

History: 2011, Act 256, Eff. Jan. I, 2012.

28.457 Local ordinances. Sec. 7. (1) Except as provided in this act, a local unit of governn1ent shall not enact or enforce an

ordinance, code, or regulation pertaining to or in any n1anner regulating the sale, display, storage, transpo1tation, or distribution of fireworks regulated under this act.

(2) A local unit of governn1ent niay enact an ordinance regulating the ignition, discharge, and use of consun1er fireworks, including, but not li1nited to, an ordinance prescribing the hours of the day or night during which a person 111ay ignite, discharge, or use consun1er fireworks. If a local unit of goven1n1ent enacts an ordinance under this subsection, the ordinance shall not regulate the ignition, discharge, or use of consutner fireworks on the day preceding, the day of, or the day after R national holiday except as follows:

(a) A local unit of governn1ent with a population of 50,000 or n1ore or a local unit of govern111ent located in a county with a population of 750,000 or 111ore n1ay regulate the ignition, discharge, or use of consun1er fireworks between the hours of 12 111idnight and 8 a.n1. or between the hours of I n.111. snd 8 a.n1. on New Year's day.

(b) A local unit of govern111ent with a population of less than 50,000 located in a county with a population of less than 750,000 1nay regulate the ignition, dischCtrge, or use of consu1ner fireworks between the hours of 1 a.111. and 8 a.n1.

(3) An ordinance under subsection (2) shall only itnpose a civil fine of not 111ore than $500.00 for each violation of the ordinance and no other fine or sanction.

History: 201 I, Act 256, Eff. Jan. I, 2012;-Am. 2013, Act 65, lmd. Eff. June 19, 2013.

28.458 Fireworks safety fee; imposition; payment; deposit in fireworks safety fund; failure to comply as misdemeanor; fine. Sec. 8. (1) A user fee, kno\vn as the fireworks safety fee, is in1posed on retail transactions niade in this

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stC1te for consun1er fireworks and low-in1pact fireworks as provided in section 9. (2) A person that acquires consun1er fireworks or low-in1pact fireworks in a retail transaction is liable for

the fireworks safety fee on the transaction and, except as otherwise provided in this act, shall pay the fireworks safety fee to the retailer as a separC1te added an1ount to the consideration in the transaction. The retailer shall collect the fireworks safety fee as an agent for the state.

(3) The fireworks safety fee shall be deposited in the fireworks safety fond. (4) A person that knows or should know that he or she is required to cornply with the requiren1ents of

subsection (2) but fails to collect or ren1it a fireworks safety fee as required under this section is guilty of a n1isdemeanor punishC1ble by a fine CIS follows:

(a) For Cl first violation of this subsection, not nlore than $10,000.00. (b) For a second violation of this subsection, not nlore than $20,000.00. (c) For a third or subsequent violation of this subsection, not n1ore than $40,000.00.

History: 2011, Act 256, Eff. Jan. I, 2012;-Arn. 2012, Act 257, Imel. Eff. July 2, 2012.

28.459 Fireworks safety fee; determination; rates; collection allowance. Sec. 9. (1) Except as provided in subsections (2) and (3), the fireworks safety fee is determined by the

gross retail inco111e fro1n consu1ner fireworks and low-ilnpact fireworks received by a retail n1erchant in a retail unitary transaction of consun1er fireworks and low-in1pact fireworks and is in1posed before any taxes are applied at the following rates:

FIREWORKS GROSS RETAIL INCOME SAFETY FROM THE

FEE RETAIL UNITARY TRANSACTION

$ 0 less than $ 0.08 $ 0.01 at least $ 0.08 but less than $ 0. 24 $ 0.02 at least $ 0.24 but less than $ 0.40 $ 0.03 at least $ 0.40 but less than $ 0.56 $ 0.04 at least $ 0.56 but less than $ 0.72 $ 0.05 at least $ 0.72 but less than $ 0.88 $ 0.06 at least $ 0.88 but less than $ 1. 04

(2) On a retail unitary transaction in which the gross retail incon1e received by the retail merchant is $1.04 or nlore, the fireworks safety fee is 6% of that gross retail income as detern1illed before any taxes are applied.

(3) If the fireworks safety fee calculated under subsection (1) results in a fraction of 1/2 cent or n1ore, the an1ount of the fire\.vorks safety fee shall be rounded to the next additional cent.

(4) The retailer whose retail location is a pern1anent building or structure nlay retain 1 % of the fireworks safety fees that the retailer collected under this section as a collection allowance.

Histoi·y: 201 l, Act 256, Eff. Jan. l, 2012.

28.460 Fireworks safety fees; remittance; forms; manner; payment liability; past due amounts; aggregate filing; investigation. Sec. 10. (1) The retailer or person to whon1 a consumer fireworks certificate is issued is responsible for ren1itting all

fireworks safety fees as described in section 9 to the depa1t111ent on fonns and in the n1anner prescribed by the departn1ent; shall hold the fire\vorks safety fees collected in tn1st for the state until ren1ittecl to the state; and is personally liable for the pay1nent of the fireworks S'1fety fee n1oney to this state.

(2) The departn1ent 1nay refer for collection to the departn1ent of treasury past due an1ounts of the fireworks safety fee consistent with section 13 of 1941 PA 122, MCL 205.13.

(3) A retailer or person shall ren1it the fireworks safety fees no later than 20 days after the end of each preceding 1nonth. A retailer or person that operates 25 or nlore retail locations in this state that are pennanent buildings or structures nlay ren1it the fireworks safety fees in an aggregate filing under l con1n1on identification nun1ber CIS detern1ined by the depa1tn1ent.

(4) The departn1ent shall investigate any fireworks safety fees reported, but not paid, by a retailer no later than Septen1ber 30 of each year.

History: 2011, Act 256, Eff. Jan. 1, 2012;-Am. 2013, Act 65, !md. Eff. June 19, 2013.

28.461 Fireworks safety fund; creation within department of treasury; investment; money remaining in fund; lapse; expenditures; delegation of inspection duties; program. Sec. 11. ( 1) The fireworks safety fund is created \Vi thin the depa1t1nent of treasury.



Page5 Michigan Compiled Laws Complete Through PA 130 of 2015

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(2) The state treasurer n1ay receive nloney or other assets fro111 any source for deposit into the fund. The state treasurer shall direct the investn1ent of the fund. The state treasurer shall credit to the fund interest and earnings fron1 fund investn1ents.

(3) Money in the fund at the close of the fiscal yeClr sheill re111ain in the fund and shall not lapse to the general fund.

(4) The departn1ent shall expend nloney deposited in the fund as follows: (a) One hundred percent of the nloney received fron1 fireworks safety fees under section 8 to be used for

the training of firefighters under the direction and approval of the firefighters training council established under the firefighters training council act, 1966 PA 291, MCL 29.361to29.377.

(b) One hundred percent of the nloney received fron1 constuner fireworks sC1fety certificates under section 4 to adrninister this act and to pay the costs of delegating inspections under this act to local units of governn1ent under subsection (5).

(5) The departlnent nlay establish a progran1 for delegating inspection duties under this act to l or n1ore local units of governn1ent. If a local unit of governn1ent agrees to cC1rry out inspections, the departlnent shall pay 70o/o of the consun1er fireworks safety certificate fee paid by each retail location inspected by the local unit of governn1ent and retain the re1naining 30% of that fee. If a local unit of governn1ent declines to participate in the prognnn described in this subsection, the departn1ent retains its inspection duties under this act.

History: 2011, Act 256, Eft: Jan. l, 2012;-Am. 2013, Act 65, Irnd. Eff. June 19, 2013.

28.462 Prohibited conduct; permission required; violation as civil infraction; civil fine; sale to minor; definitions; violation of smoking prohibition as misdemeanor; signage. Sec. 12. (1) A person shall not ignite, discharge, or use consun1er fireworks on public property, school

property, church property, or the property of another person without that organization's or person's express pennission to use those fireworks on those pren1ises. Except as othe1wise provided in this section, a person that violates this subsection is responsible for a state civil infraction and n1ay be ordered to pay a civil fine of not more than $500.00.

(2) Consun1er fireworks shall not be sold to a nlinor. A person that violates this subsection shall be ordered to pay a civil fine of not niore than $500.00, or, for a second or subsequent violation of this subsection, a civil fine of not n1ore than $1,000.00. In addition, the person's consun1er fireworks certificate shall be suspended for 90 days after the civil fine is ordered for a second or subsequent violation. This age requiren1ent shall be verified by riny of the fo1lo\ving:

(a) An operator's or chauffeur's license issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

(b) An official state personal identification card issued under 1972 PA 222, MCL 28.291 to 28.300. (c) An enhanced driver license or enhanced official state personal identification card issued under the

enhanced driver license and enhanced official state personal identification card act, 2008 PA 23, MCL 28.301 to 28.308.

( d) A niilitary identification card. (e) A passp01t. (f) Any other bona fide photograph identification that establishes the identity and age of the individual. (3) An individual shall not discharge, ignite, or use consun1er fireworks or low-i111pact fire\.vorks while

under the influence of alcoholic liquor, a controlled substance, or a con1bination of alcoholic liquor and a controlled substance. As used in this subsection:

(a) l(Alcoholic liquor11 n1eans that tern1 as defined in section ld of the Michigan vehicle code, 1949 PA 300, MCL 257.ld.

(b) 11 Controlled substance" nleans that tenn as defined in section Sb of the Michigan vehicle code, 1949 PA 300, MCL 257.8b.

(4) An individual who violates the sn1oking prohibition under NFPA 1124, 7.3.l l.l is guilty of a n1isde111eanor punishable by in1prisonn1ent for not 1nore than I year or a fine of not 111ore than $1,000.00, or both.

(5) Signage stating the s1noking prohibition described in subsection ( 4) satisfies the requiren1ents of NFP A 1124.

History: 2011, Act 256, Eff. Jnn. I, 2012;-Am. 2012, Act 257, Imd. Eft: July 2, 2012;-Am. 2013, Act 65, Irn<l. Eff. June 19, 2013.

28.463 Resident agent. Sec. 13. A wholesaler shall n1aintain a resident agent who resides in this state and who has a physical

address in this stste. A post office box is not a physical address for purposes of this section. Rendered Thursday, July 30, 2015



Courtesy ofwvvw.!egis!ature.mi.gov

History: 2011, Act 256, Eff. Jan. I, 2012.

28.464 Identification of firework in violation of act; investigation; determination of violation; seizure; criminal or civil proceedings. Sec. 14. (I) A govenunental or law enforcen1ent agency that identifies a firework that is in violation of this

act shall secure the firework and in1n1ediately notify the departn1ent of the alleged vio!C1tion. The depC11tn1ent or law enforce1nent agency shall investigate the alleged violation for compliance with this act \vithin a reasonable thne.

(2) If the departn1ent or law enforcen1ent eigency detennines that a violation of this act bas occurred, except for a violation of section 6(2), the depart111ent or law enforcen1ent agency n1ay seize the firework as evidence of the violation. Evidence seized under this section shall be stored pending disposition of any cri1ninal or civil proceedings arising fron1 a violation of this act at the expense of the person, if the person is found guilty, responsible, or liable for the violation.

History: 2011, Act 256, Eff. Jan. 1, 2012.

28.465 Storage of seized fireworks; disposal or destruction; storage and disposal costs; use for training purposes. Sec. 15. (1) Fireworks seized for an slleged violation of this act shall be stored in co111pliance with this act

and rules pron1ulgated under this act. (2) Following final disposition of a conviction for violating this act, the seizing agency in possession n1ay

dispose of or destroy any fireworks retained as evidence in that prosecution. (3) The person fron1 whon1 fireworks are seized under this act shall pay the actual costs of storage and

disposal of the seized fireworks. (4) The depa1tn1ent of state police and the depC1rb11ent i11ay use fireworks described in subsection (2) for

training purposes. History: 2011, Act 256, Eff. Jan. 1, 2012.

28.466 Articles pyrotechnic or display fireworks ignition; permit; competency and qualifications of operators; retention of fee. Sec. 16. (I) The legislative body of a city, village, or township, upon application in writing on fonns

provided by the depart111ent CJnd payn1ent of a fee set by the legislative body, if any, 111ay grant a pennit for the use of agricultural or wildlife fireworks, atticles pyrotechnic, display fireworks, or special effects 111anufactured for outdoor pest control or agriculturai purposes, or for public or private display within the city, village, or township by n1unicipalities, fair associations, an1usen1ent parks, or other organizations or individuals approved by the city, village, or township authority, if the applicable provisions of this act are con1plied with. After a pern1it has been granted, sales, possession, or transportation of fireworks for the purposes described in the pern1it only tnay be niade. A pen11it granted under this subsection is not transferable and shall not be issued to a 111inor.

(2) Before a pern1it for atticles pyrotechnic or a display fireworks ignition is issued, the person, firn1, or corporation applying for the pennit shall furnish proof of financial responsibility by a bond or insurance in an an1ount, character, and fonn deen1ed necessa1y by the local goven1ing authority to satisfy clain1s for datnages to prope1ty or personal injuries arising out of an act or 0111ission on the part of the person, firn1, or corporation or an agent or e111ployee of the person, finn, or corporation, and to protect the public.

(3) A pern1it shall not be issued under this act to a nonresident person, firn1, or corporCJtion for ignition of articles pyrotechnic or display fireworks in this state until the person, firn1, or corporation has C!ppointed in writing a resident n1en1ber of the bar of this state or a resident agent to be the legal representative upon whon1 all process in an action or proceeding against the person, firn1, or corporation niay be served.

(4) The local governing authority shall rule on the con1petency and qualifications of articles pyrotechnic and display fireworks operators as required under NFPA ] 123, as the operator has furnished in his or her application fonn, and on the tin1e, place, and safety aspects of the display of articles pyrotechnic or display fireworks before granting pennits.

(5) A local unit of goven1111ent that charges a fee to issue a pern1it under this section shall retain the fee paid.

History: 20 11, Act 256, Eff. Jan. l, 2012.

28.467 Conduct not prohibited by act. Sec. 17. Except as othe1v.rise provided in this act, this act does not prohibit any of the following: (a) A wholesaler, retailer, con1n1ercial nianufC1cturer, or in1po1ter fron1 selling, storing, using, transpo1ting,


© Legislative Council, State of Michigan

Page? Michigan Compiled Laws Complete Through PA 130 of2015

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or distributing consu1ner fireworks or low-i1npact fire\vorks. (b) The use of fireworks by railroads or other transportation agencies or law enforcen1ent agencies for

signal purposes or illu1nination. ( c) The use of agricultural or wildlife fireworks. (d) The sale or use of blank ca1iridges for any of the follo\ving: (i) A show or play. (h) Signal or ceren1onial purposes in athletics or spo1is. (iii) Use by 1nilitary organizations. (iv) Use by law enforcen1ent agencies. (e) The possession, sale, or disposal of fireworks incidental to the public display of fireworks by

wholesalers or other persons who possess a pern1it to possess, store, and sell explosives fron1 the bureau of alcohol, tobricco, firea1ms, and explosives of the United States departn1ent of justice.

(f) Interstate \Vholesalers from selling, storing, using, transporting, or distributing fireworks.

History: 2011, Act 256, Eff. Jan, 1, 2012;-Am. 2012, Act 257, Imd. Eff. July 2, 2012.

28.467a Issuance of citation by state fire marshal. Sec. 17a. (l) If, ss a result of an inspection or investigstion, the stste fire n1arshetl or the state fire n1arshal's

designee believes that a person hets viol3ted this set, an order issued under this act, or a rule pro1nulgated under this set, the state fire n1arshal or his or her designee shall issue a citation to the person not n1ore than 90 days after the con1pletion of the physical inspection or investigation.

(2) Except as othe1wise provided in this act, upon iss1rnnce of a citation, the state fire n1etrshal n1ay in1n1ediately suspend the consumer fireworks certificate of the person to whon1 the citation was issued.

(3) Upon a proper petition, a co111i ofcon1petentjurisdiction may enjoin a violation of this act. (4) All of the following apply to a citation issued by the stste fire 1narshal or the state fire n1srshal's

designee under this act: (a) It shall be in writing. (b) It shall state on its face that it is an allegation of a violation of this act, describe with particulsrity the

nature of the violation, and include a reference to the provision, 111le, or order alleged to be violated. ( c) It shall contain all of the following: (i) The date of the citation. (ii) The name and title of the individual who issued the citation. (iii) The na111e and address of the person to \Vho111 the citation is issued. (iv) The actions necessa1y to bring the person to whon1 the citation is issued into co111pliance, including the

p<1yn1ent of a fine. (v) A space for the signature of the person to \Vhon1 the citation is issued indicating that the person has

received the citation. (vi) A space where the person to whon1 the citation is issued inay accept the citation and agree to con1ply

or, in the alternative, 1nay indicate the intent of the person to whon1 the citation is issued to contest the citation.

(vii) A notice that the person to whon1 the citation is issued shetll sccept or reject the te1111s of the citation within 15 days of the date of the citation.

(viii) A brief description of the ad1ninistr3tive hearing process and the process for settlen1ent as provided for by rnle.

(d) A citation n1ay either be 1nailed to the person to whon1 the citation is issued by certified n1ail, return receipt requested, or delivered in person by the state fire n1<1rshal or st<1te fire 1narshal's designee who issued the citation.

History: Add. 2012, Act 257, Imd. Eff. July 2, 2012.

28.468 Violation of act; penalty; reimbursement of storage costs. Sec. 18. (I) Unless othe1wise provided in this act, if a person violates this act, the person is guilty of a

crime as follows: (a) Except as othe1wise provided in this section, a n1isde1neanor punishable by in1prisonn1ent for not n1ore

than 30 days or a fine of not n1ore than $1,000.00, or both. (b) If the violation causes dan1age to the property of another person, a n1isden1eanor punishable by

in1prisonn1ent for not 1nore than 90 days or a fine of not n1ore than $5,000.00, or both. ( c) If the violation causes serious i111painnent of a body function of another person, 8 felony punishable by

in1prisonn1ent for not n1ore thfln 5 years or a fine of not n1ore than $5,000.00, or both. ( d) If the violation causes the death of another person, a felony punishable by in1prisonn1ent for not 1nore



Page8 Michigan Compiled Laws Complete Through PA 130 of 2015

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than 15 years or a fine of not 1nore than $ l 0,000.00, or both. (2) In addition to any other penalty in1posed for the violation of this act, a person thst is found guilty of s

viol.:1tion of this act shnll be required to rein1burse the appropriate governn1ental agency for the costs of storing seized fireworks that the governn1entcil agency confisccited for a violation of this act. This rein1burse1nent shall be in a forn1 and at a ti1ne as required by the departn1ent and cis otherwise required by law.

History: 2011, Act 256, Eff. J<in. 1, 2012;-/\m. 20 !2, Act 257, Imd. Eff. July 2, 2012.

28.468a Citation for serious violation; fine; prosecution; payment of civil fines to department; collection proceedings. Sec. 18a. ( 1) Except as otherwise provided in this section, a person who receives n citation for a serious

violation, an order issued under this act, or a rule pron1ulgated under this act shall be assessed a civil fine of not n1ore than $1,000.00 for each violation.

(2) Except as otherwise provided in this section, a person who receives a citation for a violation of this eict that is not a serious violation niay be assessed a civil fine of not n1ore than $500.00 for each violation.

(3) Subsections (I) and (2) do not apply to violations for which a specific civil fine is provided by this act. (4) The state fire n1arshal niay request that the prosecuting attorney for the county in which ci violcition of

this act occurred issue a con1plaint and request a warrant for the prosecution of a person who con1n1its a cri1ninal violation of this act.

(5) All civil fines collected under this section shall be paid to the departn1ent within 15 working days after the deite the penalty is ordered, not subject to further review, and credited to the fireworks safety fund.

(6) The departn1ent of treasu1y shall institute proceedings to collect any civil fines ordered but not paid under this act.

History: Add. 2012, Act 257, Imd. Eff. July 2, 2012;-Am. 2013, Act 65, Imd. Eff. June 19, 2013.

Compiler's note: Act 65 of 2013 did not amend this section and evidently should not have been cited as amended.

28.468b Issuance of certificate prohibited; revocation. Sec. 18b. (1) The depa1i1nent shall not issue, and a person is ineligible to be issued, a consumer fireworks

certificate if either of the following apply: (a) The person was sentenced for a felony conviction within the preceding 5 yeC1rs. (b) The person has ever been convicted of a felony involving theft, fraud, or arson. (2) If a person is convicted of a crin1e that \VOuld cause the person to be ineligible to be issued a consun1er

fireworks certificate on April 30 of the following year, the person's consun1er fireworks certificate shall be revoked for the balC1nce of the year for which the person1s current consun1er fireworks certificate WCIS issued.

History: Add. 2012, Act257, Imd. Eff. July 2, 2012.

28.468c Person ineligible to obtain consumer fireworks certificates; offenses; periods; sanctions. Sec. l 8c. ( l) A person who is convicted of the following offenses is ineligible to obtain a consun1er

fireworks certificate for the following periods of tin1e after conviction: (a) For a second violation of section 4(1), 5 years. (b) For a third or subsequent violation of section 4(1 ), I 0 years. (c) For a first violation of section 8(4), I year. (d) For a second violation of section 8(4), 5 years. (e) For a third or subsequent violation of section 8(4), IO years. (f) For a violation of section 18(1 )(b ), I year. (g) For a violation of section 18( I)( c), permanently. (h) For a violation of section 18(1 )( d), permanently. (2) A seinction in1posed under subsection (I) shall be in1posed in addition to any other penalty or sanction

in1posed for a violation of this act. History: Add. 2012, Act257, Imd. Eff. July 2, 2012.

28.469 Inspections; delegation of authority and responsibility. Sec. 19. The depa1in1ent 1nny delegnte authority and responsibility to cany out inspections and other duties

under this act. History: 2011, Act 256, Eff. Jan. 1, 2012.

28.470 Rules.



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Sec. 20. (1) The departn1ent shall pron1ulgate rules under the e1dn1inistrative procedures act of 1969, 1969 PA 306, MCL 24.20 l to 24.328, to administer this act, including, but not limited to, all of the following:

(ci) Create uniforn1 applications and other fonns Jor dissen1ination to and use by local units of government under this Rct.

(b) Procedures for the collection of application fees cind fireworks safety fees. (c) Enforcen1ent ofregulato1y duties. ( d) The enforcen1ent of age lin1itations. (2) Rules pron1ulgated under this section shall conforn1 to the following codes developed by the national

fire protection Rssociation, except for any code provision that conflicts with this act: (a) NFPA l 123, code for fireworks display. (b) NFPA 1124, code for nianufacture, transportation, storage, rind retail sales of fireworks and pyrotechnic

articles. (c) NFPA l 126, standard for the use of pyrotec!mics. (3) The mies promulgated under former chapter XXXIX of the Michigan penal code, l 93 l PA 328, MCL

750.243a to 750.243e, pertaining to the display of articles pyrotechnic and display fireworks that are in effect on the effective date of this act shall ren1ain in effect until rescinded or otherwise changed according to law, as provided for in section 3 l of the administrative procedures act of l 969, 1969 PA 306, MCL 24.231.

History: 2011, Act 256, Eft: Jan. I, 2012.

28.471 Report by state fire marshal. Sec. 21. No later than October I, 2013, the state fire tnarshRl shall provide a report to the legislE1ture that

details both of the following: (a) The costs associated with the inspection of retail locations under this '1Ct. It is the intent of the

legislature that the infonnation described in this subdivision be used to detern1ine the constnner fireworks certificate fee for eC1ch ret'1il location under section 4 beginning Janua1y 1, 2014.

(b) The types and number of violations of this act. History: 2011, Act 256, Eff. Jan. I, 2012.




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Engineeting (517) 788-4160


TO: Honorable Mayor and City Councilmemhers



SUBJECT: Approve the Resolution to Amend the HOME Grant Budgets for Fiscal Years 2013/2014 and 2014/2015

RECOMMENDATION

Approve the Resolution to amend the HOME grant budgets to allocate unbudgeted program income in fiscal year 2014/2015 (Year 40) in the amount of $1,830.00 to fiscal year 2013/2014 (Year 39) for use in the City Acquisition/Development/Resale activity.

Attached is a resolution to amend the HOME budgets for the above referenced fiscal years. This resolution reallocates fw1ds in the amount of $1,830.00 to the City Acquisition, Rehabilitation, and Resale activity.

On July 14, 2015, City Council approved the transfer of the City-owned property at 511 S. Webster for the sales price of $1.00 to Community Action Agency. Community Action Agency will rehabilitate the home to resell to a low-to moderate-income individual or family upon completion.

Prior lo transfer of sale the City received the summer tax hill in the amount of $1,829 .9 t. An allocation of funds from the Program Income is required to ensure sutlicient funds are available in the City Acquisition, Rehabilitation and Resale activity for the property taxes.

cc: Heather Soat, Assistant Finance Director Laurie Huff, Grant Coordinator

City of I ackson, Michigan Resolution to Amend the Fiscal Year 2013/2014 (Year 39)

and 2014/2015 (Year 40) HOME Budgets

Whereas, the U.S. Department of Housing and Urban Development approved the HOME Investments Partnership activities for fiscal years 2013/2014 (Year 39) and 2014/2015 (Year 40); and

Whereas, City Council desires to allocate funds to Year 40 for the City Acquisition/Rehabilitation/Resale activity to ensure adequate funding for the summer tax bill at 511 S. Webster St.; and

Whereas, the City Council desires to allocate funds from Program Income to be made available for use for City Acquisition/Rehabilitation/Resale in Year 39.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of rhe City of Jackson hereby amends the subject budgets as follows:

Current Revised IncrcaseJ Account# Account Description Budget lludget ( Decn:u ~el

Entitlement Year 39 (2013/2014) 287-286-039-814.0l l City A1.:q/Rehab/Resale 40, 138 41,968 287-000-039-695 .040 Contri bu ti on from Year 40 7,777 9,607

Entitlement Year 40 (2014/2015) 287-286-040-969.039 Contribution to Year 39 7.777 9,607 287-286-040-696.003 Deferred Loan Repayments 0 1,830

State of Michigan } County of Jackson } ss City of Jackson }

******

I, Andrew J. Wrozek Jr., City Treasurer/Clerk in and for the City of Jackson, County and State aforesaid, do hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Jackson City Council on the 11 11\ day of August, 2015.

TN WITNESS WHEREOF, I have hereto affixed my signature and the Seal of the City of Jackson, Michigan, on this l 21h day of August, 2015.

1,830 1,830

1,830 1,830

Andrew J. Wrozek Jr. City Treasurer/Clerk







TO: Honorable Mayor and City Councilmembers



SUBJECT: Approve Modification to the Neighborhood & Economic Operations Housing Rehabilitation Policy and Procedure Manual

RECOMMENDATION

Approve the modification to the Neighborhood & Economic Operations Housing Rehabilitation Policy and Procedure Manual to meet Uniform Administration Requirement 2 CFR 200.318-326 reflecting proper procurement solicitation to Minority Business Enterprises (MBE) and Women Business Enterprises (WBE).

Federal agencies, includjng HUD, adopted 2 CFR part 200 as requirements for Federal financial assistance programs via the interim final rule published December 19, 2014. It was made applicable to non-Federal entities (recipients of Federal financial assistance) effective December 26, 2014, with one exception: Part 200: 11 O(a) was revised to give a one-year grace period for implementation of the procurement standards. The purpose of 2 CFR Part 200 is to streamline the Federal government' s guidance on administrative requirements, cost principles, and audit requirements to more effectively focus Federal resources on improving performances and outcomes, while ensuring the financial integrity of taxpayer dollars in partnership with non-Federal stakeholders.

Staff recommends modifying section F (6) to the Neighborhood & Economic Operations Housing Rehabilitation Policy and Procedure Manual in order to ensure that affirmative steps in soliciting to MBE's and WBE's have been made by Purchasing Agents and Rehabilitation staff members during the procurement of federally funded homeowner rehabilitation projects.

cc: Laurie Huff, Grant Coordinator Shelly Allard, Purchasing Agent Tim Pickett, Housing Rehabilitation Specialist

F. CONTRACTOR SELECTION PROCESS AND BID REVIEWS 1. Projects will he posted for bidding 011 the City of Jackson PW'chasing Department's website at

www.cityofiackson.org. A Pre-Bid Meeting will be held at the property prior to the bid submission deadline. The purpose of such a pre-bid meeting will be to discuss the specifications and answer bidder's questions.

2. Pre-Opening Inquiries/Response: Any explanation desired by a prospective bidder regarding the meaning or interpretation of contract documents associated with same, must be received by the Purchasing Agent prior to the deadline for submission of bids. Any explanation or interpretation of contract documents shall be in writing and shall be furnished to all prospective buyers as an addendum. Receipt of such addenda shall be acknowledged by attachment to the bid documents at the time bidders submit their bid to the City. Oral explanations addressing non-substantive matters or procedural items relating to contract documents are allowed in order to assist a prospective bidder in submitting a bid or addenda proposal. Notwithstanding any other provision contained herein, no oral explanation or instruction by any City employee, representative or official shall be binding upon the City unless such oral explanation or instruction is confirmed in writing by the City employee, agent, representative or official. If the City determines it necessary, it may reschedule the time for bid opening to allow adequate time for addenda to reach all bidders.

1. All sealed bid proposals received shall be date and time stamped upon receipt.

2. Sealed bid proposals, will be opened in public at the place and time designated in the bid documents. Attendance at any bid opening will not be denied or limited. The bids will be tabulated and checked by the Purchasing Agent for compliance with the specifications and for compliance with any and all conditions in the instructions to bidders. All bid files will be available for public inspection. Late bids will not be considered. Any bid received after the deadline will be date and time stamped and returned to the bidder unopened.

5. A bid that does not meet the specifications may be considered non-responsive and may be rejected.

6. The City's purchasing guidelines shall be followed prior to awarding any contract including adhering to 2 CFR Part 200.318-326 in which MBE's and WBE's have an equal opportunity to compete for contracts.

7. NEO staff will notify the successful bidder of award and set a time to finalize contract documents after approval is received from the City Council.

8. A summary bids received will be posted on the City of Jackson's website by the Purchasing Department after the bid review has been completed.

NOTE: The property owner has the option to accept any qualified contractor bid even if the submitted bid is not the lowest reasonable bid. Costs exceeding the lowest reasonable bid will be the responsibility of the property owner.



Building Insp~tion (517) 78&-4012







SUBJECT: Approve Modification to the Purchasing Guidelines Manual

RECOMMENDATION

Approve the modification to the Purchasing Guidelines Manual to meet Uniform Administration Requirement 2 CFR 200.318-326 .-eflecting proper procurement solicitation to Minority Business Enterprises (MBE) and Women Business Enterprises (WBE).

Federal agencies, including HUD, adopted 2 CFR part 200 as requirements for Federal financial assistance programs via the interim final rule published December 1 9, 201 4. It was made applicable to non-Federal entities (recipients of Federal financial assistance) effective December 26, 2014, with one exception: Part 200:1 lO(a) was revised to give a one-year grace period for implementation of the procurement standards. The purpose of 2 CFR Part 200 is to streamline the Federal government's guidance on administrative requirements, cost principles, and audit requirements to more effectively focus Federal resources on improving performances and outcomes, while ensuring the financial integrity of taxpayer dollars in partnership with non-Federal stakeholders.

Staff recommends adding Section 18.0, Contracting with MBE 's and WEE 's, to the Purchasing Guidelines Manual in order to ensure that affirmative steps in soliciting to MBE's and WBE's have been made by Purchasing Agents during the procurement of federally funded projects.

cc: Laurie Huff, Grant Coordinator Shelly Allard, Purchasing Agent

18,~ Contracting with MBE's and WBE's

18. 1 In accordance with 2 CFR Part 200.321 (a), (b) (1-6), all necessary affirmative steps will be taken to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include:

a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

b) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

d) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and,

I) Requiring the prime contractor, if subcontracts are lo be let, to take the affirmative steps listed in paragraphs (a) through (e) of this section.

The purchasing agent shall be responsible to perform said duties as outlined in Section 3.0 of this policy in accordance with 2 CFR Part 200.318-326 when procuring competitive bids.

2

I

T:\2013 projects\San Sewer North Ext\3_CONSTRUCTION\CONTRACT MODS\San Sewer North Ext Study Amendment.doc


161 W. Michigan Avenue • Jackson, MI 49201-1303• Facsimile (517) 780-4781






TO: Honorable Mayor and City Councilmembers FROM: Jon H. Dowling, P.E., City Engineer SUBJECT: Sanitary Sewer North Extension Route Study Amendment 1 ______ RECOMMENDATION: Approval of Amendment 1 to the contract for the Sanitary Sewer North Extension Route Study to Hubbell, Roth & Clark, Inc., of Bloomfield Hills, Michigan, for $519,797.48, and authorization for the City Manager and City Engineer to execute the appropriate document. At the November 26, 2013 meeting, City Council awarded the contract for the Sanitary Sewer North Extension Route Study to Hubbell, Roth & Clark (HRC) Inc., of Bloomfield Hills, Michigan. The study was to select the best route for the replacement of the existing 60-inch concrete pipe sanitary sewer from the Myrtle Street Lift Station to the Waste Water Treatment Plant. This sewer was installed around 1935 and preceded the construction I-94 by 15 years. MDOT is planning to replace the I-94 bridge over the Grand River in 2017. Prior to the work on I-94 the City has to relocate this sewer and Consumers Energy has to relocate overhead electric transmission lines. HRC submitted a draft report on June 13, 2014 with five alternate routes. The City held up further work on the study until we knew the route Consumers Energy was using for the transmission towers. We now know the route for the electric transmission lines and we had enough information in the draft report that we wanted to pursue Alternate 1 to follow a route on the extension of Blackstone Street with a 66-inch gravity sewer. We believe it is better to proceed into the final engineering design and construction phases than to spend more time and money to finalize the study. Based on this, we asked HRC to prepare the attached amendment to their contract and provide these services. This amendment represents an increase of $519,797.48, bringing the total contract amount to $552,068.72. The cost for the additional services will be paid for with Sewer Funds. We request approval of Amendment 1 and authorization for the City Manager and the City Engineer to sign the document. JHD:sms c Andrew J. Wrozek, Jr., City Treasurer/Clerk Lucinda Schultz, Accounting Manager

Philip J. Hones, Purchasing Agent Shelly Allard, Purchasing Coordinator Troy R. White, Assistant City Engineer

Y:\201307\20130797\01_Admin\Amendment_1\20150727_Amendment_01_Design_CA.docx

PRINCIPALS George E. Hubbell

Thomas E. Biehl

Walter H. Alix

Keith D. McCormack

Nancy M.D. Faught

Daniel W. Mitchell

Jesse B. VanDeCreek

Roland N. Alix

Michael C. MacDonald

James F. Burton

SENIOR ASSOCIATES Gary J. Tressel

Kenneth A. Melchior

Randal L. Ford

William R. Davis

Dennis J. Benoit

Robert F. DeFrain

Thomas D. LaCross

Albert P. Mickalich

Timothy H. Sullivan

ASSOCIATES Jonathan E. Booth

Marvin A. Olane

Marshall J. Grazioli

Donna M. Martin

Charles E. Hart

Colleen L. Hill‐Stramsak

Bradley W. Shepler

Karyn M. Stickel

Jane M. Graham

HUBBELL, ROTH & CLARK, INC. OFFICE: 2101 Aurelius Road, Suite 2A

Holt, MI 48842 PHONE: 517.3694.7760

WEBSITE: www.hrc‐engr.com EMAIL: info@hrc‐engr.com

August 4, 2015 City of Jackson Engineering Department 161 W. Michigan Avenue, 4th Floor Jackson, MI 49201 Attn: Mr. Jon Dowling, P.E., City Engineer Re: Request For Contract Amendment #1 HRC Job No. 20130797 Professional Service Agreement for Sanitary Sewer North Extension Design and Construction Administration Services Dear Mr. Dowling: Hubbell, Roth & Clark, Inc. (HRC) is pleased to present this request for a contract amendment to our existing Professional Service Agreement for the Sanitary Sewer North Extension, dated November 27, 2013. The scope of the original agreement is limited to only study services. HRC has sufficiently completed the alternative route study, allowing the City to select the preferred route for a new sanitary sewer as shown on Attachment A. At the City’s request, HRC is submitting this contract amendment to provide design and construction administration services for the new gravity sanitary sewer which begins at the Myrtle Street Lift Station, extends west into the Blackstone Street right-of-way, heads north crossing I-94 in easement, crossing the rail road, following the southern boundary of the wastewater treatment plant, and rejoining the existing interceptor sewer just outside the WWTP headworks. HRC will utilize our original team members Niswander Environmental, LLC (Niswander) and Materials Testing Consultants, Inc. (MTC) for ecological and geotechnical services, respectively. HRC will provide the following scope of services which is based on our study and meetings with City personnel:

Task 1 - Design: Prepare detailed construction plans and specifications for a new gravity

sanitary sewer as shown in Attachment A. Plans and specifications shall be prepared to City and industry standards for such projects.

Slipline existing 60-inch diameter interceptor sewer to maintain flow to the WWTP from Blackman Township’s 8-inch diameter force main under the Grand River.

Conduct topographical survey Conduct geotechnical investigation as detailed in the attached scope provide

by MTC. The intent is to obtain sufficient geotechnical data to properly design and obtain informed bids for the proposed project.

Conduct wetland delineation, habitat assessment, report of findings, and design mitigation plans. Our proposal includes a budget of $15,000 for mitigation design due to the unknown factors of location and size.

Provide new junction/manhole chambers to connect new sewer to existing sewer.

Jon Dowling August 4, 2015 HRC Job Number 20130797 Page 2 of 4


Meet with Consumers Energy and coordinate sewer alignment with relocated power lines.

Provide access from Blackstone Street to Myrtle Street Lift Station. Prepare all permanent easement documents. For this proposal we are assuming

three (3) documents to be developed. o Blackstone Street to Myrtle Street Lift Station o Consumers Energy (North of I-94)

Prepare, submit, and negotiate permits required for project including: o MDEQ Part 41, Floodplain and Wetland o MDOT o Jackson County (Blackstone Street) o Railroad

Engineer’s Opinion of Probable Construction Cost Task 2 - Bidding: HRC will provide the following Bidding Services: Provide an electronic set of construction documents for bidding Conduct a prebid meeting Respond to questions during bidding Prepare addenda Tabulate bids and provide a recommendation for award

Task 3 - Construction Services: During construction, HRC will provide Construction Administration Services. This proposal is based on construction duration of 22 weeks, inspection of 50 hours per week, and includes the following: Conduct the preconstruction meeting and prepare minutes Conduct weekly on-site construction progress meetings. On this day our

Senior Project Engineer would spend significant time in the field to assist and address construction issues. We have found this approach to be time efficient and therefore provide cost savings to the project.

Review shop drawings, mix designs and test results for products incorporated into the project.

Provide full time resident construction observation. Provide full construction layout staking. Provide material testing for aggregates, concrete, pavement and backfill

compaction Review claims and recommend change orders Review monthly contractor pay estimates Conduct preliminary and final inspection with punchlists of outstanding items Prepare record drawings

HRC’s key personnel for this project include Bill Davis, Project Manager; Todd Sneathen, Technical Assistant and QA/QC; Nancy Faught, QA/QC and HRC’s on-site



field representative (TBD). HRC anticipates the following costs for the work described:

Design & Bidding (HRC) $ 237,299.29 Ecological Services (Niswander) $ 40,735.59 Geotechnical Services (MTC) $ 30,000.00 Construction Administration (HRC) $ 233,059.03 Expenses (HRC only) $ 805.00 Total $ 541,898.91

A detailed breakdown of these costs is attached (See Attachment B – HRC Cost Proposal, Attachment C – Niswander Cost Proposal, and Attachment D – Material Testing Consultants Cost Proposal). These costs are based on the schedules as outlined herein. If either the design or construction schedules change our fees could change also. Approval of this contract amendment closes work on the original study scope and adds the design and construction administration scope as follows:

Description _______ Amount Original Study Contract $ 32,271.24 Less Spent to Date on Study $ 10,169.81 Ending Study Balance (Credit) $ 22,101.43 Original Study Contract $32,271.24 Add Design & CA Services Amendment #1 $ 541,898.91 Sub-total $ 574,170.15 Less Ending Study Balance ($ 22,101.43) Revised HRC Contract Including Amendment #1 $ 552,068.72

The new revised contract Not To Exceed Amount is $ 552,068.72. For clarity HRC offers the following items for this proposal:

It is understood that the City is desirous to have this project bid by February 2016. If the schedule slides it is often due to scope changes which could affect our fee.

It is assumed that the construction cost for this project is approximately $3.4M. That the City will assist HRC in coordinating with the railroad company for

permitting. It is our experience that railroad companies often do not respond to consulting firms in a timely fashion.

It is understood that the City will be acquiring the needed easements.



If you have any questions or require any additional information, please contact the undersigned. Very truly yours, HUBBELL, ROTH & CLARK, INC. Nancy M.D. Faught, P.E. William R, Davis, P.E. Vice President Senior Associate Attachments: A – Modified Selected Route Exhibit B- HRC Cost Proposal C- Niswander Cost Proposal D- MTC Cost Proposal pc: HRC; T. Sneathen, File

NEW 66" DIA. GRAVITY@ 0.044%APPROX. 5,300 LFT

FLOW CONTROLGATESTRUCTURE

ALTERNATE NO. 1 MODIFIED

SELECTED ROUTE

A-1

920

920

920

920

930

930 930

958

954

918

916

916 914

48" SAN. BLACKMAN TWP.

7-22-15

SLIP LINE EXISTING60" W/ SMALLER HDPETO SERVE FORCEMAIN

SB 1 - 15'

SB 3 - 25'

SB 7 - 20'SB 9 - 25'

SB 11 - 30'

SB 13 - 30'

SB 14 - 15'

SB 5 - 25'SB 8 - 25'SB 2 - 20'

SB 4 - 25'

SB 6 - 25'

SB 12 - 30'SB 10 - 60'

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Attachment - A

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11" x 17" NOT TO SCALE

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Amendment No. 1Design and Construction Administration Services

Professional Service Agreement forSanitary Sewer North Extension

Attachment B - HRC Cost ProposalDate: August 4, 2015

Principal - Faught

Sr. Associate - Davis

Sr. Project Engineer - Sneathen

Graduate Engineer - Thompson

Structural Engineer Sr. Cadd Tech R.O.W. Specialist Survey

Supervision2-Person Survey

CrewSr. Construction

ObserverTesting

TechnicianSupervisor

Lab. TestingTesting

Supervision Support Staff TOTAL

$49.50 $50.80 $47.50 $27.00 $42.80 $35.40 $44.30 $40.10 $58.50 $27.50 $22.00 $22.80 $44.10 $20.50 SUBTASKS HRS HRS HRS HRS HRS HRS HRS HRS HRS HRS HRS HRS HRS HRS HRS

Design EngineeringAdministration, Management & Meetings 15 84 15 30 144Topo Survey (New and Existing Routes) 4 38 100 142Geotechnical Investigation (Coord. With MTC) 1 8 4 13Wetland & Habitat Assessment (Coord. With Niswander) 1 8 4 13Coordinate with Consumers Energy & MDOT 8 4 16 12 40Develop Base Plans 69 8 242 40 345 704Opinion of Probable Construction Cost 2 8 20 30Easements 1 4 4 8 24 41Permits 2 5 30 92 32 161Preliminary Plans & Specifications 1 48 4 169 24 242 24 512Final Plans/Specifications 1 21 2 72 12 103 8 219QA/QC - Plan Review 8 8

Sub-Total Direct Labor Hours 32 259 87 649 76 722 8 62 100 32 2,027Sub-Total Direct Labor Cost (Standard Rates) $1,584.00 $13,157.20 $4,132.50 $17,523.00 $3,252.80 $25,558.80 $354.40 $2,486.20 $5,850.00 $656.00 74,554.90$

Bid and AwardProvide Electronic Set of Construction Documents 1 1 1 3Pre-Bid Meeting 8 4 12Respond to Bidder Questions and Prepare Addenda 1 4 12 16 33Tabulate Bids & Provide Recommendation for Award 1 2 1 8 12

Sub-Total Direct Labor Hours 2 14 5 20 16 57Sub-Total Direct Labor Cost (Standard Rates) $99.00 $711.20 $237.50 $540.00 $566.40 2,154.10$

Construction AdministrationManagement and Administration 36 138 90 24 288Construction Progress Meetings 8 33 159 200Field Observation 44 1210 1,254Construction Layout 14 120 134Material Testing 253 31 26 92 402Project Closeout & Record Drawings 1 40 22 32 95

Sub-Total Direct Labor Hours 8 70 203 178 112 56 14 120 1210 253 31 26 92 2,373Sub-Total Direct Labor Cost (Standard Rates) $396.00 $3,556.00 $9,642.50 $4,806.00 $4,793.60 $1,982.40 $561.40 $7,020.00 $33,275.00 $5,566.00 $706.80 $1,146.60 $1,886.00 75,338.30$

Sub-Total Direct Labor (Hours) 42 343 295 847 188 794 8 76 220 1210 253 31 26 124 4,457

Sub-Total Direct Labor $2,079.00 $17,424.40 $14,012.50 $22,869.00 $8,046.40 $28,107.60 $354.40 $3,047.60 $12,870.00 $33,275.00 $5,566.00 $706.80 $1,146.60 $2,542.00 152,047.30$

Total Direct Labor $152,047.30Rate Unit Qty Subtotal Overhead 169.00% 256,959.94$

Reimbursable Expenses Sub-Total Labor + Overhead $409,007.24Nuclear Density Gauge 35.00$ Per Day 23 805.00$

Profit 15% 61,351.09$

Total HRC Labor, Overhead & Profit $470,358.32Sub-Total Expenses 805.00$

Total Reimbursable Expenses 805.00$

Total Costs 471,163.32$

HUBBELL, ROTH & CLARK, INC.

Y:\201307\20130797\01_Admin\Amendment_1\20150728_Amendment_01_Cost.xlsx 1 of 1

Amendment No. 1Design and Construction Administration Services

Professional Service Agreement forSanitary Sewer North Extension

Attachment C - Niswander Environmental Cost ProposalDate: August 4, 2015

Steven Niswander Jeff Bridgland Todd Losee Tyler Smith TOTAL

$45.00 $32.55 $42.84 $15.00

SUBTASKS HRS HRS HRS HRS HRS HRS HRS HRS HRS HRS HRS HRS

Design EngineeringPreliminary In-House Assessment (GIS Data, Mapping and T & E Review) 5 25 5 5 40

Correspondence and Meetings with Project Team 2 16 6 1 25

Site Visit (Wetland Delineation, Habitat Assessment for Potential T & E Species) 10 14 4 28

Reporting of Findings and Impact Analysis 12 12 8 32

MDEQ Permitting (Negotiations, On-site Meetings, Public Hearing) 20 30 10 60

Mitigation Plan (Conceptual & Final Design, Justification Report & Site Selection) 45 60 20 10 135

Sub-Total Direct Labor Hours 94 157 53 16 320

Sub-Total Direct Labor Cost (Standard Rates) $4,230.00 $5,110.35 $2,270.52 $240.00 11,850.87$

Bid and Award

Sub-Total Direct Labor Hours

Sub-Total Direct Labor Cost (Standard Rates) -$

Construction AdministrationManagement and Administration 4 12 16

Field Observation of Mitigation Work 4 16 20

Sub-Total Direct Labor Hours 8 28 36

Sub-Total Direct Labor Cost (Standard Rates) $360.00 $911.40 1,271.40$

Sub-Total Direct Labor (Hours) 102 185 53 16 356

Sub-Total Direct Labor $4,590.00 $6,021.75 $2,270.52 $240.00 13,122.27$

Total Direct Labor $13,122.27

Rate Unit Qty Subtotal Overhead 160.00% 20,995.63$

Reimbursable Expenses Sub-Total Labor + Overhead $34,117.90

Mileage, Rare Species Review Request to MNFI, GPS Rental 3 days, Maps/Plots & Supplies Max. Allowance 1,500.00$

Profit 15% 5,117.69$

Total Niswander Labor, Overhead & Profit $39,235.59

Sub-Total Expenses 1,500.00$

Total Reimbursable Expenses 1,500.00$

Total Costs 40,735.59$

Niswander Environmental

Y:\201307\20130797\01_Admin\Amendment_1\20150728_Amendment_01_Cost.xlsx 1 of 1

July 28, 2015 Proposal No. 11805 Hubbell, Roth & Clark, Inc. 535 Griswold Street, Suite 1680 Detroit, Michigan 48226-3698 Attention: Mr. William R. Davis, P.E. Reference: Proposal for Geotechnical Engineering Services North Extension Sewer – Alternate No. 1 Route Jackson, Michigan Dear Mr. Davis: In response to your RFP received by email and further defined in a telephone conversation on July 22, 2015, Materials Testing Consultants is pleased to provide this proposal for geotechnical engineering services. A description of the geotechnical scope of service and fees are provided herein. Scope of Service The proposed project includes installation of 5300 lineal feet of 66” diameter sewer pipe between the existing Myrtle Street Lift Station and the City of Jackson Waste Water Treatment Plant (WWTP) as well as rehabilitation of the existing 60” HDPE sanitary pipe (originally installed around 1930) located east of the proposed sewer. The new sewer pipe will transport 100 percent of the City of Jackson’s sanitary sewer flow. Construction is tentatively proposed to begin in 2016. Geotechnical considerations for the selected route include the following:

Crossings of existing highway I-94 and railroad (bore and jack pipe installation) Potential for special construction methods due to unsuitable subgrade soil or corrosion

concerns Excavations and groundwater control Suitability of excavated soil for pipe backfill Temporary earth retention, particularly if routed near existing structures or embankments

We have been provided a plan sheet titled Alternate No. 1 Modified Route, Sheet A-1, dated July 22, 2015, prepared by HRC which indicates the existing ground topography and utility information with respect to the proposed sewer alignment. Boring locations proposed by HRC are also provided on this plan sheet (9 total soil test borings varying in depth from 20 to 55 ft).

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Attachment D

Hubbell, Roth & Clark Proposal No. 11805 July 28, 2015 Page No. 2 We propose performing an additional 5 soil borings in order to gather additional subsurface information along the selected sewer route. We understand the proposed sewer invert will range from els 909 to 911 along the proposed route. Based on boring depths extending a recommended minimum depth below the ground surface of 1.5 times the proposed sewer depth, the following boring depths are proposed:

Summary of Proposed Soil Test Borings Boring No. Existing Ground

Surface El (±) Proposed Boring

Depth (ft) B-1 915 15 B-2 922 20 B-3 926 25 B-4 926 25 B-5 926 25 B-6 924 25 B-7 922 20 B-8 924 25 B-9 926 25 B-10 956 60 B-11 930 30 B-12 930 30 B-13 930 30 B-14 920 15

TOTAL 370 lf Borings are labeled from north to south (WWTP to Myrtle Street Lift Station). Boring B-10 (originally labeled B-6 by HRC), located within the ROW of I-94/127, will require traffic control in the form of a lane and shoulder closure to complete. MDOT restrictions on this roadway require a lane closure be completed during night-time hours (9pm to 8am). Based on correspondence with HRC, Boring B-10 will be performed only if recommended based on the conditions encountered within Borings B-9 and B-11 and, as such, the fee to complete Boring B-10 has been included as a separate line item under supplemental geotechnical scope fees. Based on The Map of Bedrock Topography of the Southern Peninsula of Michigan, bedrock is expected to be encountered between els 900 and 950, close to the existing ground surface. Bedrock may be encountered during our geotechnical field investigation. Our fees include drilling through normal subsurface soil conditions. If rock coring is necessary to evaluate the composition and quality of bedrock, it will be performed for an additional fee. We have included an allowance for

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310 lft

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Boring B-10 Not included at this time

Hubbell, Roth & Clark Proposal No. 11805 July 28, 2015 Page No. 3 rock coring considering up to 8 rock core setups and up to 80 lf of rock coring will be required. A unit price for rock coring has also been provided in the event additional rock coring is necessary. We will mobilize an all-terrain drill rig so that problems accessing between boring locations in soft ground or in light to medium wooded areas should not occur. The cost for mobilizing an all-terrain drill rig to the site is included in our estimated fee. Our field engineer will be prepared to perform hand auger borings and collect muck probe depths in areas along the route where muck or peat is present at the ground surface. Soil sampling will be through the Standard Penetration Test, ASTM D 1586. Four samples will be taken in the first 10 ft then one sample every 5 ft. It should be understood the Owner will be responsible for clearing Owner-owned underground utility lines; Miss Dig will not locate these lines. Our Client should coordinate this directly with the Owner or supply MTC with an Owner contact. If the Owner is unable to locate private utilities, MTC is capable of exploring their locations using ground penetrating radar (GPR). If GPR is needed for utility clearance, it will be outside the scope of this proposal and at an additional cost. We have considered that HRC will stake the boring locations and provide ground surface elevations at the boring locations. The recovered soil samples will be reviewed by an MTC engineer and classified by the methods of ASTM D 2488. Calibrated penetrometer tests will be performed on samples of cohesive soil to approximate the unconfined compressive strength. We understand the soil borings will be performed on property owned by Consumers Energy Company and the City of Jackson. We have considered that approval to access the boring locations will be obtained by HRC prior to mobilization. We have estimated 4 hours of total access time will be required for our drilling equipment to access the boring locations. We have included in our base scope a laboratory testing contingency in order to provide gradation results of encountered material (up to 3 sieves) and resistivity testing of soil near the proposed pipe for corrosivity potential (up to 2 tests). Additional testing may be necessary to fully evaluate the soil for corrosivity potential (pH, sulfides, moisture, etc.) which has not been included in our scope but can be performed for an additional fee. A geotechnical report will be prepared summarizing the encountered conditions and providing foundation and other pertinent geotechnical recommendations corresponding to the geotechnical considerations previously discussed. Schedule We understand a final decision regarding approval to perform base scope geotechnical services will be made during a city council meeting held on August 7, 2015. HRC has tentatively requested drilling begin during the week of August 10, 2015. Based on our current drilling schedule, we anticipate being able to mobilize a drill rig to the site either the week of August 10, 2015 or August 17, 2015. We anticipate the base geotechnical field scope will require approximately 4 days to complete with completion of our geotechnical report approximately 2 to 3 weeks following the

Hubbell, Roth & Clark Proposal No. 11805 July 28, 2015 Page No. 4 completion of field work. Verbal recommendations can be reviewed with HRC prior to completion of the report. Fees Our estimated fees are itemized as follows:

Base Geotechnical Scope Test Drilling, 265 lf $9000 Field Engineering $5500 Laboratory Testing Contingency $1500 Engineering and report preparation $4000

$20,000

Supplemental Geotechnical Scope Test Drilling, 55 lf (Boring B-6) $2500 Field Engineering $2000 Traffic Control (lane closure, one night) $3500 (quoted by GEABS)

$8,000

Rock Coring Allowance 8 rock core setups, 80 lf of rock coring $10,000

Rock Coring Unit Rates Rock Coring Setup Fee $275/boring Rock Coring (NX Rock Coring) $70/lf + $8/lf to grout boring

The estimated fees are based on the previously described scope of service and considering good, unrestricted access (no fences, site delays) to the boring locations. An invoice will be submitted based on the actual quantities of work performed and the unit rates in the attached fee schedule. This proposal includes the mobilization of the drilling equipment and drilling through normal subsurface conditions. Environmental contamination, marginal soil conditions, underground obstructions, rubble, concrete, cobbles, boulders or other difficult drilling conditions, or crew access or standby time (beyond the 4 total hours considered) are outside of the estimated fee. We should be informed in writing of any environmental conditions that may be present. Rutting of the ground surface may occur. Our general conditions are attached.

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$30,000.00

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Not Included

Hubbell, Roth & Clark Proposal No. 11805 July 28, 2015 Page No. 5 We look forward to providing these services on this project. Should you have any questions or wish to proceed, please contact our office at your convenience. Sincerely, MATERIALS TESTING CONSULTANTS, INC

Todd D. Munger, P.E. Senior Project Engineer

Steven M. Elliott, P.E. President Atts: Fee Schedule General Conditions Revised BLP

FEE SCHEDULE

This Fee Schedule is confidential. Any distribution or reproduction without prior consent of MTC is prohibited. 01-15 Page 1 of 5

PERSONNEL CHARGES

Principal $150.00/hr

Sr. Project Manager $135.00/hr

Project Manager $120.00/hr

Sr. Proj Eng/Geol/Env Professional $115.00/hr

Project Eng/Geol/Env Professional $105.00/hr

Asst Proj Eng/Geol/Env Professional $100.00/hr

Sr. Staff Eng/Geol/Env Professional $95.00/hr

Staff Eng/Geol/Env Professional $85.00/hr

Field/Lab/SST Manager $95.00/hr

SST Technician III $95.00/hr

SST Technician II $85.00/hr

SST Technician I $75.00/hr

Technician III $65.00/hr

Technician II $53.00/hr

Technician I $48.00/hr

Project Assistant $45.00/hr

Minimum charge for field assignment is two hours per trip. Overtime charge is 1.3 times regular rate. Overtime is time worked prior to 8:00 a.m. or after 4:30 p.m., in excess of eight hours per day, Saturdays, Sundays or holidays. Chargeable time includes travel (portal to portal), time on-site, and required office time. Review of field and laboratory reports is mandatory practice. Review time will be charged at the appropriate level required.

OTHER CHARGES

Mileage $0.70/mile

Per diem - meals (overnight assignments) $45.00/day

Direct reimbursable expenses Cost plus 15%


FEE SCHEDULE EQUIPMENT CHARGES

Per Day Per Day

Nuclear Density Gauge $50.00 Infrared Camera $120.00

Asphalt Extraction Equipment $100.00 Avongard Crack Monitor $40.00

Rice Equipment $70.00 SFRM Cohesion/Adhesion Kit $40.00/ea

Concrete Maturity Reader $75.00 Magnetic Particle Equipment $60.00

Concrete Maturity Tag Quoted Torque Wrench $65.00

Coring Machine $150.00 Torque Multiplier $65.00

Bit charge $4.50/in Positector Paint Thickness Gage $70.00

D-Meter Profiler $180.00 Panametrics Thickness Gage $70.00

Floor Moisture Vapor Kit $45.00/ea Skidmore Bolt Tension Calibrator $100.00

Relative Humidity Kit, F2170 $100/location Ultrasonic Equipment $120.00

Schmidt Hammer $150.00 UT Thickness Gauge $100.00

Windsor Probe $100.00 Visible Dye Penetrant $30.00/can

Windsor Probe Charge Set $60.00 Bailer $12.00/ea

Earth Resistivity Equipment, Biddle $170.00 Barrel Filter $50.00/ea

Earth Resistivity Equipment, AGI Supersting $300.00 DO Meter $50.00

Menard Pressuremeter – GC $2500/wk Interface Probe $60.00

Pile Load Test Instrumentation $500.00 Level D PPE $40.00

Pile Echo Tester $150.00 Methanol Soil Preservative Kit $30.00/ea

Hydraulic Ram Jack $70.00 Peristaltic Pump $40.00

Slope Inclinometer $300.00 pH/Cond/Temperature $40.00

Arrowboard $120.00 Photo-Ionization Detector $200.00

Safety Cone $7.00/ea Four Gas Monitor $80.00

48” Traffic Sign $35.00/ea Water Level Meter $40.00

Ground Penetrating Radar (GPR) $550.00 Turbidity Meter $25.00

GPS Ashtech Mapper $90.00 Air Sampling Equipment $65.00

GPS Trimble $120.00 Bulk Sampling Equipment $50.00


FEE SCHEDULE

LABORATORY RATES

For special testing where a specific rate is not provided herein, fees will be based on laboratory technician and equipment hourly rate of $100.00/hour with a 1 hour minimum charge.

Geotechnical Per Test Aggregates Per Test

Proctor – granular, D1557, D698 $150.00 Aggregate Sieve Analysis, C136, MTM 109 $75.00

Proctor – cohesive, D1557, D698 $180.00 Loss-by-Wash, C117, MTM 108 $55.00

Proctor – method C, 6” mold, add $70.00 Deleterious Materials, MTM 110 $85.00

Maximum Index Density, D4253 $210.00 Deleterious Materials, ASTM Methods Quoted

Minimum Index Density, D4254 $160.00 Percent Crushed, MTM 117 $55.00

Sieve Analysis and LBW, D6913, D1140 $130.00 Soundness, C88 $400.00

Grain Size Distribution, Hydrometer, D422 $195.00 L.A. Abrasion, C131 $320.00

Specific Gravity, D854 $95.00 Specific Gravity + Absorption, C127 $200.00

Atterberg Limits, D4318 $95.00 Specific Gravity + Absorption, C128 $220.00

Soil pH, D4972 $60.00 Unit Weight, dry-rodded, C29 $125.00

Organic Content/Loss on Ignition, D2974 $85.00 Organic Impurities in Fine Aggregate, C40 $125.00

California Bearing Ratio (per pt), D1883 $370.00 Sand Equivalent Value, D2419 $225.00

Total Porosity, D854, D2216, D7263 $120.00 Fine Aggregate Angularity, MTM 118 $120.00

Density & Mst, D2216, D7263 $40.00 Angularity Index, C1252 $120.00

Natural Moisture, D2216 $18.00 Flat and Elongated Particles, D4791 $100.00

Unconfined Compression, D2166 $70.00 Concrete Per Test

Shelby Tube - Visual Classification, D2488 $60.00 Concrete Compression, per cylinder, C39 $16.00

Shelby Tube - Extrusion, D2488 $40.00 Cylinder Molds (cyls. not molded by MTC) $2.50

Direct Shear (up to 3 pts), D3080 $650.00 Saw Cutting of Cylinders $15.00

Triaxial UU (up to 3 pts), D2850 $700.00 Core Compression (including saw cut), C42 $55.00

Triaxial CU (up to 3 pts), D4767 $1100.00 Shotcrete cores (cut/comp. or spare), C1140 $75.00

VeneShear, D4648 $95.00 Splitting Tensile Strength, C496 $60.00

Consolidation, D2435, Method B $550.00 Beam Flexure, C293, C78 $80.00

Consolidation, D2435, Method A Quoted Petrographic Services Quoted

Permeability – Constant Head, D2434 $260.00 Shrinkage Test (3 specimens), C157 $400.00

Permeability – Fall. Head, EM 1110-IV-1906 $260.00 Concrete Core Absorption $60.00

Permeability – Flex Wall, D5084 $410.00 Potential ASR (Mortar Bar), set of 3, C1567, C1260 $600.00

Remolding of Samples, add $75.00


FEE SCHEDULE

LABORATORY RATES (continued)

Masonry Per Test Rock Core Per Test

Grout Prism Compression, per prism, C1019 $55.00 Unconfined Compression, D7012 $170.00

Hyd. Cement Cube Compression, per cube, C109 $17.00 Unconfined Compression w/ Strain, D7012 $330.00

Compression of Concrete Block, per block, C140 $130.00 Unconfined Comp. w/ Poisson Ratio, D7012 $450.00

Linear Shrinkage Concrete Block, set of 3, C426 $550.00 Slake Durability Index, D4644 $220.00

Comp. of Concrete Block Prisms, per block, C1314 $250.00 Point Load Strength, D5731 $120.00

Moisture, Absorption, Net Area of Concrete Block, per block, C140

$120.00 Rock Hardness by Rebound Hammer (10 Strikes), D5873

$170.00

Brick Compressive Strength, Absorption, Saturation, IRA, Efflorescence, set of 15, C67

$700.00 Indirect Tensile (per pt), D3967 $65.00

Bituminous Mixtures Per Test Steel Per Test

Mix Verification (extraction, sieve, LBW, crush), MTM 325, 108, 109, 117

$300.00 Fireproofing Density Test, AWCI Manual 12-A

$65.00

Marshall Stability and Flow, per plug, D6927 $95.00 Side Bends – Machine/bend, E190 $130.00

Bulk Specific Gravity, per plug/core, D2726 $95.00 Face/Root Bends – Machine/bend, E190 $125.00

Molding Marshall Plugs, per plug, D6926 $60.00 Plates and Supplies Quoted

Theoretical Maximum Density (Rice), D2041 $175.00 Welder Qualification Quoted

Molding Gyratory Plugs, per plug, D6925 $140.00 Tensile < 1” dia., A370 $120.00

Preparation of Bituminous Core $20.00 Tensile > 1” dia., A370 $150.00

Core Thickness, per core, D3549 $25.00 Stress/Strain Curves Tensile $30.00

Moisture Content, D1461 $60.00 Elongation, Reduction in Area, A370 $50.00

Jack Calibration $350.00

Pipe Per Test

ABS Truss Pipe Test, 8" – 15" dia., D2680 $175.00

PVC Pipe Test, 6" – 8" dia., D3034 $200.00

For special testing where a specific rate is not provided herein, fees will be based on laboratory technician and equipment hourly rate of $100.00/hour with a 1 hour minimum charge.


FEE SCHEDULE

SOIL TEST DRILLING SERVICES

Mob/Demob - 2-man crew: CME55Track Geoprobe CME750 CME95 Marshmaster

Within 30 mile radius $ 450.00 $ 450.00 $600.00 $ 600.00 $750.00

Outside 30 mile radius/mile/one-way $15.00 $15.00 $20.00

$20.00 $25.00

Soil Test Drilling:

Normal soil conditions (N<60), 5 ft interval SPT sampling $13.50/l.f.

Difficult soil conditions (N>59, rubble or cobbles), 5 ft interval SPT sampling $23.00/l.f.

Drilling surcharge for 50 to 75 ft depth $15.00/l.f.

Drilling surcharge for 75 to 100 ft depth $19.00/l.f.

All-terrain drill rig daily premium $300.00/day

NX Rock Coring, D2113 $70.00/l.f.

Rock Core Setup Fee $275.00

Extra SPT samples, D1586 $25.00/ea

Undisturbed thin-walled samples (Shelby tubes), D1587 $65.00/attempt

Drilling through concrete or brick at surface (less than 10" thick) $16.00/in

Grout boring closed $8.00/l.f.

Well/Piezometer construction (not including material) $8.50/l.f.

Locking Protective Cover $150.00/ea

Flush Locking Protective Cover $150.00/ea

Steam Cleaner rental $175.00/day

55-gallon Drum (disposal not included) $60.00/ea

Bagged Materials (sand, bentonite, cement) $15.00/bag

Piezometer and well materials Quoted

Per Diem (lodging and meals, 2-man crew) $220.00/day

Drill crew rate per hour for special testing, borehole grouting, monitoring well construction, access, on-site setup, site clean-up, standby, water hauling or steam cleaning:

CME55 Geoprobe CME750 CME95 Marshmaster

$220.00 $200.00 $240.00 $250.00 $350.00

Drill crew access time may be charged if soft ground conditions, wooded areas, or other site conditions/restraints are encountered.

GENERAL CONDITIONS 1. The scope of work includes the specific geotechnical, testing or other services to be performed by Materials Testing Consultants, Inc. (MTC) as set forth in MTC's proposal, the client’s acceptance thereof if accepted by MTC and these general conditions. "Client" refers to the person or business entity ordering the work to be performed by MTC. If the client is ordering the work on behalf of another, the client represents and warrants that the client is the duly authorized agent of said party for the purpose of ordering and directing the work. Unless otherwise stated in writing, the client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate and sufficient for the client's intended purpose. The ordering of work from MTC shall constitute acceptance of the terms of MTC's proposal and these General Conditions. 2. Client will arrange for and provide access to the site as is necessary for MTC to perform the work. MTC, unless specifically indicated otherwise in the proposal, has not included cost for restoration due to damage to the site that may occur during the work. MTC agrees to exercise reasonable measures to minimize damage to the site during the performance of the work. 3. Test samples will be disposed immediately upon completion of the assigned tests unless prior written arrangements have been made to hold the samples for a longer period of time. Samples from drilling operations will be held for 90 days after submittal of MTC's report. 4. MTC's work shall not include supervising construction or determining the means, methods, techniques or sequences of construction. MTC shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare. 5. Client shall cause all tests and inspections of the site, materials and work performed by MTC or others to be timely and properly performed in accordance with the plans, specifications and contract documents and MTC's recommendations. No claims for loss, damage or injury shall be brought against MTC by client or any third party unless all tests and inspections have been so performed and unless MTC's recommendations have been followed. Client agrees to indemnify, defend and hold MTC, its officers, employees and agent harmless from any and all claims, suits, losses, costs and expenses, including, but not limited to, court costs and reasonable attorney's fees in the event that all such tests and inspections are not so performed or not so followed except to the extent that such failure is the result of the negligence, willful of wanton act or omission of MTC, subject to the limitation contained in paragraph 9. 6. Client represents and warrants that he has advised MTC of any known or suspected hazardous materials, utility lines and pollutants at any site at which MTC is to do work hereunder, and unless MTC has assumed in writing the responsibility of locating subsurface objects, structures, lines or conduits, client agrees to defend, indemnify and save MTC harmless from all claims, suits, losses, costs and expenses, including reasonable attorney's fees as a result of personal injury, death or property damage occurring with respect to MTC's performance of its work and resulting to or caused by contact with subsurface or latent objects, structures, lines or conduits where the actual or potential presence and location thereof was not revealed to MTC. 7. Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing within said thirty day period at the rate of eighteen percent per annum until paid. Client agrees to pay MTC's cost of collection of all amounts due and unpaid after sixty days, including court costs and reasonable attorney's fees. MTC shall not be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out of this agreement, any provision wherein MTC waives any right to a mechanics' lien, or any provision conditioning MTC's right to receive payment for its work upon payment to client by any third party. These General Conditions are notice, where required, that MTC shall file a lien whenever necessary to collect past due amounts. Failure to make payment within 30 days of invoice shall constitute a release of MTC from any and all claims which client may have, either in tort or contract, and whether known or unknown at the time. 8. Nothing contained within this agreement shall be construed or interpreted as requiring MTC to assume the status of an owner, operator, generator, storer, transporter, treater or disposal facility as those terms appear within RCRA or within any Federal or State statute or regulation governing the generation, transportation, treatment, storage and disposal of pollutants. Client assumes full responsibility for compliance with the provisions of RCRA and any other Federal or State statute or regulation governing the handling, treatment, storage and disposal of pollutants.

9. Ground Penetrating Radar (“GPR”) Services. Client acknowledges that the use of GPR technology is not error free and there are limitations on the use of GPR to locate buried or embedded objects in the ground or in structures (for example, field conditions, soil moisture content, material type, masking of deeper embodiments by shallow embodiments and thickness of the material to which the GPR Services are to be applied; and only center lines of embedded objects can be located) which may make GPR less precise than other embedded object location technologies. MTC may rely on statements and plans of Client’s representatives (including on-site employees or employees or representatives of contractors or subcontractors working for Client) as to the characteristics of the structure or location to be tested using GPR Services. Client agrees that it shall have the sole responsibility for the use of any information obtained as a result of the GPR Services, including reliance on any data there from in order to determine the location of drilling operations or other penetration of the location, area of structure to which the GPR Services are applied. MTC has no responsibility or obligation other than to deliver the GPR Services and the results obtained from application of GPR. How and when the work product from the GPR Services shall be used (or not used) shall be in the sole and exclusive discretion of Client, and MTC shall have no obligation or responsibility to Client after the required GPR Services are completed and the work product is delivered. 10. MTC's SERVICES WILL BE PERFORMED, ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE WITH THIS AGREEMENT AND WITH GENERALLY ACCEPTED PRINCIPLES AND PRACTICES. IN PERFORMING ITS PROFESSIONAL SERVICES, MTC WILL USE THAT DEGREE OF CARE AND SKILL ORDINARILY EXERCISED UNDER SIMILAR CIRCUMSTANCES BY MEMBERS OF ITS PROFESSION. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED. STATEMENTS MADE IN MTC REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT. SHOULD MTC OR ANY OF ITS PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK, OR TO HAVE MADE AND BREACHED ANY EXPRESS OR IMPLIED WARRANTY, REPRESENTATION OR CONTRACT, CLIENT, ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON MTC's WORK AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF MTC, ITS OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIMITED TO $25,000 OR THE TOTAL AMOUNT OF THE FEE PAID TO MTC FOR ITS WORK PERFORMED WITH RESPECT TO THE PROJECT, WHICHEVER IS GREATER. 11. Subject to the foregoing limitations, MTC agrees to indemnify and hold client harmless from and against any and all claims, suits, costs and expenses including reasonable attorney's fees and court costs arising out of MTC's negligence to the extent of MTC's negligence. Client shall provide the same protection to the extent of its negligence. In the event that client or client's principal shall bring any suit, cause of action, claim or counterclaim against MTC, the party initiating such action shall pay to MTC the costs and expenses incurred by MTC to investigate, answer and defend it, including reasonable attorney's and witness fees and court costs to the extent that MTC shall prevail in such suit. 12. MTC's employees shall not be retained as expert witnesses except by separate, written agreement. Client agrees to pay MTC's legal expenses, administrative costs and fees pursuant to MTC's then current fee schedule for MTC to respond to any subpoena. 13. In the event any of the provisions of these General Conditions should be found to be unenforceable, it shall be stricken and the remaining provisions shall be enforceable. 14. This agreement constitutes the entire understanding of the parties, and there are no representations, warranties or undertakings made other than as set forth herein. This agreement may be amended, modified or terminated only in writing, signed by each of the parties hereto. 15. This agreement may be terminated by either party upon seven day's prior written notice. In the event of termination, MTC shall be compensated by client for all services performed up to and including the termination date, including reimbursable expenses, and for the completion of such services and records as are necessary to place MTC's files in order and/or protect its professional reputation.

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NEW 66" DIA. GRAVITY @ 0.044% APPROX. 5,300 LFT

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48" SAN. BLACKMAN TWP.

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SLIP LINE EXISTING 60" W/ SMALLER HDPE TO SERVE FORCE MAIN

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MEMO TO:

FROIVI:

DATE:

SlIB.JECT:

City Attorney

161 W. Michigan Avenue - .Jackson, Ml 49201 Telephone: (517) 788-4050; (517) 788-4023 •Facsimile: 866-971-2117



Bethany M. Smith, City Attornefi;J

August 3, 2015

Miramed Properties, LLC Debt Forgiveness and Mortgage Discharge

RECOMMENDATION: Approve a Resolntion Taking the Following Actions: a. Authorizing the City Manager to Cancel the

Promissory Note and Forgive the Debt owed Pursuant to a Promissory l'lote given by Miramed Properties, LLC to the City of Jackson dated October 19, 2005;

b. Authorizing the City Manager to Cancel a Guaranty of the Promissory Note Debt executed by Anesthesia Business Consultants, LLC;

c. Authorizing the City Manager to Execute a Discharge of Future Advance Purchase Money Mortgage;

On October 19, 2005, Miramed Properties executed a Promissory Note to repay $100,000 to the City of Jackson. Miramed Prope11ies, LLC also gave a Future Advance Purchase Money Mongage ("Mortgage") on 5 parcels (listed below and hereafter referred to as "the Propeny") to the City of Jackson as security for the loan. As additional assurance of repayment, a Guaranty was given for repayment by Anesthesia Business Consulta11ts, LLC. A copy of the Promissory Note is attached as Exhibit A. A copy of the Mortgage is attached as Exhibit B. A copy of the Guaranty is attached as Exhibit C.

As part of the transaction, the City agreed to forgive the loan if Miramed Properties, LLC complied with the following three conditions:

1. Vlithin fifteen (15) months of loa11 closing, Miramed Properties, LLC creates an investment of no less than $3,500,000 in real property on the Property;

2. Within one year of the loan closing, Miran1ed Propetties, LLC retains, or causes to be retained, 220 jobs (having a foll time equivalent of 8,800 hours per week) at the Prope1ty,

3. Within five years of loan closing, creates, or causes to be created, 50 new permanent and full-time jobs (having a full-time equivalent of 800 hours per week) at the Property, of which no less than fifty-one percent (51 %) must qualify as low to moderate income in accordance with 2004 Department of Housing and Urban Development income guidelines.

Miramed Prope1ties, LLC has provided documentation to show that it has met the 3 conditions. Attached as Exhibit Dis a letter from Phil S. Willis of Willis & Jurasek, P.C. outlining how the conditions have been met. Attached as Exhibit D is a letter from Hamid Mirafaali, a member ofMiramed Properties, LLC also verifying that the 3 provisions have been met.

As Mira.med Properties, LLC has met the 3 conditions contained in the Promissory Note, it is my recommendation that the Council passes a Resolution cancelling the Promissory Note and forgiving the debt evidenced by the Promissory Note, discharging the Future Advance Purchase Money Mo1tgage, and cancelling the Guaranty of the debt executed by Anesthesia Business Consultants, LLC.

***The five parcels given as security for the loan are legally identified on the exhibit to the Mortgage that is attaehed as Exhibit B. The five parcels are commonly knmvn as 255 W. Michigan Avenue, Jackson, Michigan.

RESOLUTION

MIRAMED PROPERTIES, LLC CANCELLATION OF PROMOSSORY NOTE DEBT AND DISCHARGE OF FUTURE ADVANCE PURCHASE MONEY MORTGAGE BY MIRAMED PROPERTIES, LLC,

AND CANCELLATION OF GUARANTY BY ANESTHESIA BUSINESS CONSULTANTS, LLC


WHEREAS, a Promissory Note was executed on October 19, 2005 by Miramed Properties, LLC promising to repay $100,000.00 to the City; and

WHEREAS, as part of the Promissory Note provisions, the City agreed to forgive the debt ifthe following conditions were met by Miramed Properties, LLC:

1. Within fifteen (15) months of loan closing, Miramed Properties, LLC creates an investment of no less than $3,500,000 in real property on the Property;

2. Within one year of the loan closing, Miramed Properties, LLC retains, or causes to be retained, 220 jobs (having a foll time equivalent of 8,800 hours per week) at the Property,

3. Within five years of loan closing, creates, or causes to be created, 50 new permanent and foll-time jobs (having a foll-time equivalent of 800 hours per week) at the Property, of which no less than fifty-one percent (51 %) must qualify as low to moderate income in accordance with 2004 Department of Housing and Urban Development income guidelines; and

WHEREAS, Miramed Properties, LLC has provided adequate evidence that the three conditions in the Promissory Note have been complied with;

WHEREAS, MiraMed Properties, LLC also executed on October 19, 2005 a Future Advance Purchase Money Mortgage as security for the loan and gave a Future Advance Purchase Money Mortgage to the City on the prope1iy attached as Exhibit 1 to this Resolution and commonly known as 225 W. Michigan Avenue, Jackson, Michigan; and

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves forgiveness of the debt evidenced by the Promissory Note executed by Miramed Properties, LLC on October 19, 2005 and cancellation of the Promissory Note.

BE IT FURTHER RESOLVED that the City Council hereby authorizes cancellation of the Guaranty for the debt evidenced by the Promissory Note that was executed by Anesthesia Business Consultants on October 19, 2005.

BE IT FURTHER RESOLVED that the City Council hereby authorizes discharge of the Future Advance Purchase Money Mortgage given by Miramed Properties, LLC to the City of Jackson on October 19, 2005.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Discharge of Future Advance Purchase Money Mortgage attached as Exhibit 2 and to take any other actions necessary to effectuate forgiveness of the debt and discharge of the mmigage.

State of Michigan) County of Jackson) ss City ofJackson )

I, Andrew J. Wrozek, Jr., City Clerk in and for the City of Jackson, County and State of Michigan, do hereby ce1iify that the foregoing is a true and complete copy of a Resolution adopted by the Jackson City Council on the _ day of , 2015.

IN WITNESS WHEREOF, I have hereto affixed my signature and the seal of the City of Jackson, Michigan, on this_ day of

-------

2015.

Andrew J. Wrozek, Jr., City Treasurer/Clerk

EXHIBIT A

'' (\

PROMISSORY NOTE

Jackson, tvfichigan Amount: $100,000.00

Date: October 19, 2005 Due Dare: October 19, 2010

For value received, the undersigned promises to pay to the order of CITY OF' JACKSON, MICillGAN, a Michigan corporation, at its offices at 161 West Michigan Avenue, Jackson, Michigan 49201, or at Holder's option, at such other place as may be designated from time to time by the Holder, One Hundred Thousand Dollars ($100,000), with interest on the unpaid principal computed from October 7, 21)05. The entire unpaid principal balance, including any unpaid interest and late fees, shail be due ~,. ~h~ D•.!~ Date (as referenced abpve ), ill the fonn of a balloon payment. The rate of interest shall be fixed at closing at five percent (5%) per annum. Any payment not received by the Holder within ten (10) days afte! its due date shall be subject to a late fee ofJ1'ive Thousand Dollars ($5,000).

The principal sum and interest, if any, on this note will be forgiven by the Holder if Borrowe:, or its affiliated company, Anesthesia Business Consultants, LLC, a Michigan limited liability company, complies with the follov.>ing provisions:

1) Within fifteen (l 5) monihs of loan closing, creates an investment of no less than $3,500,000 in real property Oil the Property described in Exhibit A ("the Property") ;

2) Within one year of lofu"1 closing, retains, or causes to be retained, 220 jobs (having a full-time equivalent of 8,800 hours per week) at the Property; and

3) Within five years of loan closing, creates, or causes to be. created, 50 new permanent and .full-time jobs (having a full-time equivalent of 800 hours per week) at the Property, of wl:-.ich no less than fifty-one percent (51 %) must qualify as low to moderate income in accordance with 2004 Department of Housing and Urban Development income guidelines, 24 CFR 570.208 el seq., as amended.

At loan closing, Borrower must provide Holder with documentation identifying current· work force employees and payroll hours (base line data) for its affiliated company, Anesthesia Business Consultants, LLC. Holder, in its sole reasonable discretion, shall determine whether Borrower has complied with the above provisions.

The term "Holder" as used herein shall mean the City of Jackson, Michigan and its successors, and assigns. The term "Indebtedness" as used herein shall mean the indebtedness evidenced oy Wis ,,u,o, and any other obligation owed by the undersigned

. to the Holder in connection with this Note, including principal, interest, servicing charges, and expenses, whether contingent, now due or hereafter to become due and whether heretofore, herewith, or hereafter contrn6ted. The·terrn "Collateral" as used in this Note shall mean any funds, guaranties, or other property, or rights therein, of any nature whatsoever or the proceeds thereof which may have been, are, or hereafter may be hypothecaled, directly or indirectly by the undersigned or others, in connection with, or

as security for, the Indebtedness or any part thereof The Collateral. and eerh part thereof; shall secure the Indebtedness and eac:i p!lrt thereor. The covenants and conditions set forth or referred to in any and all instruments and hypothecation constituting the Collateral are hereby incorporated in this Kote as covenants and conditions of the undersigned with the same force and effect as though such covenants and conditions were fully set forth herein.

The Indebtedness shall immediately become due l!Itd payable upon the appointment of a receiver or if liquidation action is undertaken, whether voluntary or involuntary, for the undersigned or for any of its property, or upon the filing of a petitiuu by or agillnst the Wlciersigned under the provisions of any State or Federal insolvency law or under the provisions of the U. S. Bankruptcy Code, as amended, or upon the making by the undersigned of an assignment for the benefit of creditors. .

The H"lder is also authorized to declare all or any part of the Indebtedness immediately due and payable, at Holder's option, upon the happening of eny of the '~!!owing •"p:c:~, '.':2i::::. :::~n be events of default: (1) Failure to pay any part of the Indebtedness, or any other indebtedr1ess due Holder by the uodersigned, when due; (2) nonperformance by the undersigned of any agreement with, or any condition imposed by Holder with respect to the Indebtedness; (3) Holder's discovery of the undersigned's failure, in any application of the uodersigned to Holder, to disclose any fact deemed by Holder to be material or of the making of any false statements deemed to be material, in any of the said agreements, or in any affidavit or other documents submitted in connection with said application for the Indebtedness, or any material misrepresentation by, on behalf of, or for the benefit of the undersigned; (4) the reorganization or merger or consolidation of the undersigned (or the making of any agreement therefor) without the prior written consent of Holder, which c=ent shall not be uoreasonably withheld; (5) the undersigned's failure duly to account, to Holder's satisfaction, at such time or times as Holder may require, for any of the Collateral, or proceeds thereof; or ( 6) the institution of any suit affecting the nndersigned deemed by Holder to materially affect adverEely its interest in the Collateral or otherwise. Holder's fuilure to exercise its rights upon the event of a default shall not const:tute a waiver thereof.

Upon the nonpayment of the Indebtedness, or any part thereof, when due, whether by acceleration or otherwise, Holder is empowered to sell, assign, and deliver the whole or any part of the Collateral at public or private sale. After deducting all expenses incidental to or arising from such sale or sales, Holder may apply that portion of the residue of the proceeds thereof to the payment of the Indebtedness as it shall deem proper, returning the excess, if any, to the undersigned.

Upon defuult, Holder is fcrther empowered to collect or cause to be collected or otherwise to be converted into money all or any part of the Collateral, by suit or oihernise, and to surrender, compromise, release, renew, extend, exchange, or substitute any item of the Collateral in transactions with, the undersigned or any third party, irrespective of any ass\gnrnent thereof by the undersigned. None of the rights, remedie~, privileges, or powers of Holder expressly provided for herein shall be exclusive, but each of them shali be curoul.ative and i:c. addition to every other right, remedy, privilege, and

2

;ower now or hP..,..""1-+i:;::- .::::~tt}_:_g in fa~~,.or ofl-loldi::~"~ ·:,·~:~~her at Jaw or in equity, by statt~~ ... or otherwise.

The undersignec' agrees to take all necessary steps to administer, supenise, preserve, and protect the Collateral; and regardless of any action taken by Holder, there shall be no duty upon Holder in this respect The Ulldersigned shall pay all expenses of any nature, whether incurred in or out of court, and whether incurred before or after this Note shall become due at its matlL"'ity date or otherwise, including but not limited to, reasonable attorney's fees and costs which Holder may deem necessary or proper in connection with the satisfaction of the Indebtedness or the administration, supervision. preservation, protection of (including, but not limited to, the TTiaintenance of adequate insurance), or the realization upon the Collateral. Holder is authorized to pay at any titne, and from time to time, any or all of ·such expenses, and add the amount of such payment(s) to :he amount of the Indebtedness, and charge interest thereon at the rate specified herein wi1h respect to the principal amount of this Note.

The security rights of Holder and its assigns hereunder shall not be impaireD. by Holder's sale, hypothecation or rehypotheca~ion of any note of the undersigned or any item of the Collateral, or by any indulgence, including but not limited to (a) any renewal, extension, or modification of the Indebtedness, or [n) any surrender, compromise, release, renewal, extension, exchange, or substitution which Holder may granc with respect to the Collateral, or (c) any induigence granted in respect to any endorser, guarantor, or surety. The purchaser, assignee, transferee, or pledgee offris Note, the Collateral, any guaranty, and any other document (or any of them), sold, assigned, transferred, pledged, or repledged, shall forlh.with become vested with and entitled to exercise all the powers and rights given to tbis Note and all a:pplications of the undersigned to Holder as if said purchaser, assignee, transferee, or pledgee were originally named as payee in this Note and in said application or applications. ·

Customer Identification - lJSA PATRIOT Act Notice. The Holder hereby notifies the unde,.,,igned, as BoT!'0wer, t'l~t P'Jrsuant to the ~equirernents of the USA PATRJOT Act (Title ID of Pub. L. 107-56, signed into law on October 26, 2001,) (the 'Act'), and the Holder's policies and practices as a lender, the Holder may be required to obtain, verify and record ce..'1:ain information and documentation that identifies the Borrower, which information includes the name and address of the Borrower and sucb other information that will allow the Lender to identify the Borrower in accordance with the Act.

WATV1lR OF JURY TRIAL. THE UNDERSIGNED HEREBY VOLUNTARlLY, K.N'OWINGLY, IRREVOCABLY AND UNCONDITTONALLY WAIVE ANY RIGHT TO HAVE A JURY P ART!CIFA TE IN RESOL Vll'!G A.NY DISPUTE (WHETHER BASED ON CONTRACT, TORT, OR OTHER WISE) BETWEEN THE UNDERSIGNED ANTI THE HOLDER, ARISING OUT OF DR IN ANY WAY RELATED TO TIITS NOTE, Al'IY OF THE LIABILITIES, OR ANY ALLEGED ACT DR NEGLECT OF THE HOLDER. THIS PROVISION IS A WLATERIAL INDUCEMENT TO THE HOLDER TD PRG'i::::JE THE F!Nfu°"C!NG DESCKl.tlcu til:.Kbii'i.

3

Db'T02U0948Ll JI.l'D!SC

BORROWER: Mirru\1ed Properties, LLC, a Michigan limited liability company

By: ~~ rt' il1lf Manager !ts:

4

CITY OF JACKSON

HUD INCOME LlMITS FOR 2005 by House!wld Size

" Household Size Maximum Income

2

,3

5

6

7

8

$32,800

37,500

42,200

46,900

50,650

54,400

58,150

61,900

Source: HUD February, 2005

Exhibit A

Section 4.09 Comoliance with Fede:·al Rule and Reoulations: The Borrower agrees to ccmply with all rules and regu!alions pertaining to fede:ul grants as required by HJD or any other ~ederal deoartmen: or agency (see Exhibit B), with all other applicable laws and statues 'ioth s!aie and federal, inc::.iding but not limi1ed to Title VI of the Civil Rights Act of 1964 (Public law 88-352, 42 U.S.C. <2000 d, et gg.), and the Drug-Free Wor'r< Place Act The absence of mention herein of any statute, law, rule or regulation is not if!!ended to be taken as an indication that such statute, law, rule or-regulation is not applicable to Borrnwer.

Section 4. 16 Job Reoorts and Production: At any time requested by the City or HUD, the Bcirrower will also provide a written statement o'. the number of iow to moderate inCDrr:e persons occupying jobs created or retained by the Borrower as the result of the infusion of capital contempisted hereJnder. At any time requested by Lender or HUD, the Borrower will also provice a written statement setting forth t'ie income status at the time of hiring of persons ci;rrentiy ho·lding jobs created or retained by the !3orrower as a result of said borrowings. The Borrower will be deemed to be in defau!t of this Loan Agreement in t~e even! the Borrower fails ~o correctly verify that the persons hired to fill jobs created are l:Jw to moderate income persons as described in the Grant Agreement \_ow io moderete income perso;is' means persons with income levels oi or below those :dentifiec by HUD as low and mDderete income at ;he cersons hiring. Only permaneni part-time and full-time jobs will be considered in de1er;nining compliance with this requirement ·

Reteniior;

The Subrecipie.ni shall retein all records pertinent io expencitures incurred under this ,l\greemeni for a period of i1v2 (5) years atter the termination of al! 2ctivities iunded under this A.grsement. Records for nor,-expendable property acquired with funds unde; this Agreement shall be retained for five (5) years aftsr final disposition of such property. Records fer any displaced person must be kept for five (5) years after h"i:/she has received final payment. .i\Jotwithstanding the above, ii there is litigation, claims, a~diis, ugolia'.ions or other actions ihat involve any of the records cited and that have sto1'ted before the expiration oi the five year period, then such records must be retained until compietion oi the actions and resolution of all issues, or the expiration of the five year ~eriod, whichever occurs later.

Audits and Inspections

All Sub recipient records ·,vith respect tc any matters 'covered by this Agreement shall be r.iade available to lhe Grantee, granter Bl')ency, their designees or the Federal Government, at eny time dur;ng normal business hours, as ofter: 2s the Grantee or grantor agency deems necessary. to audit, exami.ne and matrn

1 ExhibitB

excerpts or transcripts of all re1evan! data. Any deociencies 11oted iTJ audit reports must be fuliy cleared by the Subrccipient. Failure of the Subracipient tc comply with the above audit requirements wiil constitute a violation of this Agreement and may result in the wiihholding of future payments.

Administrative Requirements

All Subrecipients are required to comply w~h applicable program rules contained in 24 CFR 570 Subpart K.

Compliance

The St.:brecip!ent agrees to comply with the following: Elliott-Larson Civil Rights Act, Michigan Civl! Rights Act; Title Vt of the Civil Rights Act of 1964, as amended; Title VIII of the Civil Rights Act of 1968, as arnended; Section 1 D4 (b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as amen::led; Secticn 504 of the Rehabilitation Act of 1973; P.,1T,ericans with Disabiiities Act of 1990; Age Discrimination Act oi 1975; Execut:ve Order 11063, 11246, 11375, and 12086, as amended.

N on-discrimi:iafion

The Subracipien! will not discriminate agai~st any employee or applicant for employment because of race, c~lor, creed, religion, ancestry, national origin, sex, disability or oiher handicap, age, marit21/familiai status, or status with regard to public assistance. The Subrecipient will take affirmative action to insure that a:I emp1oyrr;ent pr2ctices are free f;om such discriminc.tlon, Such empioyrne;it practices include, \)ut are not limited to the following: hiring, ~pgradlng, demotion, tr3nsfer, recruitment or recflJitment advertising, layoff, •errnination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Submci.oient agrees to post in c:mspicuous places, available tc employees and apolicants for employment, notices to be provided by the contract!ng agency setting forth tr.e provisions of this non-discrimiratior clause.

Section 504

The Subrecip:ent agrees to com?IY with any Federa! reguiations issued pursuant to compliance with Section 504 o! the Rehabilitation Act of 1973 (23 U.S.C. 706), which prohibits discrimination against the handica'?;md in any Federally assisted program. The Grantee shall provide the Subrecipient with a,~y guidelines

2

necessary for compliance with that portion of the reguiations enforced during the term of this Agreement.

Approved Plan

The Subrecipient agrees that it shail'be committed to carry out pursuant to the GJantee's specifications an Affirmaiive Action Prograrr. in keeping with the· principles as provided in Exewt!ve Order 11246 of September 24, 1965. The Grar,tee shall provide Affirmative Action guidelines to ihe Subrecipient to assist in the formulation of ·such a program. The Sub recipient shall submit a plan for an Affirmative Action Program for approval prior lo the award of tmds under this Agreerr.ent.

Women and Minority-Owned Business Enterprises

The Subrecipient wili use its best efforis to afford women and mino;iiy-owned business enterprises the maximum practicable opportunity to participate in the performance of this Agreeme.1'.. f'..s used in this Agreement, the tenm "women and minority-owned tiusiness enterprises' means a business at least fifty-one percent owned and controlled by women or rr;;nority grouo members. For the purposes of this definition, "minority group mernbers" are Afro-Americans, and American Indians. The Subrecipieni may rely on written representations by businesses regarding meir status as women and minority-owned business enterprises in lieu of an independent investigation.

Access to Records

The Subrecipient shall furnish and co.~se each of its own subrecipients or subconi1act'.:lrs to fL:rnish all information and reports required hereunder and will permit access to its Books, records and accounfa by the Grantee, HUD or its agent, or cither auth~rized Federal officials for purposes of investigation to ascertain compliance with rules, :egulations and prov'sions stated herein.

Notifications

The Subrecipient will send to each labor union or representative of workers with which i: has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency coritracting officer, advising the labor ur:ion or worker's representative of the Subrecipiei(t'S commitments hereunder, and shall post copies~ of the notice in conspicuous places availarile to employees and applica.1ts for emp:oyment.

3

EEO/AA $talernent

The Subrecipient will, .in all soilcitations or advertisernents for employees placed by or on behalf of the Subrecipient, state that it is an Equa! Opportunity or affirmative Action Employer.

Prohibited Activity

The Subrecipient is ;:irohibited iron using funds provided herein or personnel en ployed in the administration of the program for: polltical activities; sectarian or rnli~ious activities; iobbying, political paircnage, and nepotism activities.

Conduct

Assigna8.ility

The Subrecipient shall not assign or '.ra~sfer any interest ln this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for maney due or to become dua to the Subrecipient from the Grantee under this Agreement' may be assigned to a bank, t<ust company, or other financial institutions without such approval. Notice of any such assignment or transfer shail be furnished promptly to the Grantee.

Hatch Aci

The Subrecipient agrees that no funds provided, nor personnel empioyed under this A::;reement, shall be in any w2y or to any exte~t engaged ir, the conduct of political activities in violation of Chapter 15 of Title V United States Code.

~

Conflict of interest

The Subrecipier.: agrees to abide by the provisions oi 24 cr:R 570.61 '1 with respect to conffots of interest, and CO'Jena~ts that it presently has no financial interest shall' be employed or retained by the Subrecipient hereunder. These conflict of interest provisions 2pply le any person who is an employee, agent, consultant; officer, or elected official or appointed official of the Grantee, or of any designated pub:!c agencies or subrecipients wh!ch are receiving funds under the CDBG Entitlement program.

Lobbying

4

The Subrecipient hereby certifies that:

a. No Federai appropriated funds have been paid or wiii be paid, by or on behalf of it, to any person for infiuencing or attempting to iniluence and officer or employee or any agency, a Member of Congress, ar.d officer or employee of Congress, or an· employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of anv cooperative agreement, and the extension, continuation, renewai, 2mendr;ient, or modification Df any Federai contract, grant, lo2n, or cooperative agreement;

b. If any funcis other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to infiuence an officer or emplcyee of any Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, ii wi:! complete and submit Standard Form-LL, "Disclosure Form to Report Lcbby•ng", i~ accordance with its instruc:ions;

c. it will req~1ire that the language of Paragraph (d) of this certific2tiDn be included in the award docurnems for all Sub-awards at all tiers (including subcor.tracts, subgrants, and contracts under grants, loans, and cooperative agreements) and th2t ell Subrecipients shall cer.ity and disclose accordingly; and

d. La~bying Certification - ?arag:eoh d

This certification is 2 material. representation of tact upon vvh\ch reliance wes placed when this transaction was made or e.~tered into. Submission of this certification is a prerequisite for making or e~tering into this transaction impcsed by Section 1352, Title 31 U.S. Code. Any person who l2iis to fti8 the required certr.'icatlon sha!i be subject to a civil penalty of not less than $10,000 and no~ more than $100,000 for each such failure_

Copyright

if this Agraement results in any copyrig~table material or inventions, the Grantee andior grantor agency reserves the right to royaity-free, non-exclusive and irrevocable license to reproduce', publish or otherwise use and to authorize ethers to use the wo;k Dr materi2is for governmental purposes.

Religious Organiz2iions

5

The Subrecipient agrees that funds provided under this Agreerne:it wii! not be utilized for religious activities, to promots religious interests, or !or the benefit of a religious organization in accordance with the Federal reguiafons spscifled in 24 CFR 570.2000).

,.

6

EXHIBIT B

· Mindy Re:1ly

•

OF'ICIAL SE~L Jackson C:unly Register of Deeds

L-1829 P-96

11111~ 11111 ~Ill lllllll lllll llll llllll Ill lllll llll llll Mindy Re:illY - Jaokson Co. M

[SPACE ABOVE FDFI RECORDING !NFORMA.llONJ

FlJT! IRE ADVANCE PllRCHA$E MONEY MORTGAGE

2416302 Pose: 1 of 15 1D/2S/2eit'1'5 10; !SA

L· 1829 P-96

THIS IS A FUTURE ADVANCE/PURCHASE MONEY MORTGAGE made October _li_, 2005, between MlRAMED PROPERTIES, LLC, a Michigan limited liability company, whose address is 744 West Michigan Avenue, Jackson, Michigan 49201, hereinafter referred to as the "Mortgagor", and the CITY OF JACKSON, MICHIGAN, a Michigan municipal corporation, having

'>&- its principal office at 161 West Mic:higan Avenue, Jackson, Michigan 49201, hereinafter referred to t' f-' as the "Lender''.

[CHECK AND CONPL.ETE THIS SECrTON, F APPLICABLE]

D This Mortgage is a Residential Future Advance Mortgage, as defined by Michigan Compiled Laws, section 565.901, and the maximum principal amount secured by this mortgage is excluding protective advances as defined in iiiiCL iitiS.iiO'i.

In consideration of and to secure the Liabilities defined below, the Mortgagor MORTGAGES AND WARRANTS to the Lender, its successors and assigns, the land, premises and property situated in the City of Jackson, County of Jackson, State of Michigan, described as:

See Legal Description attached hereto as Exhibit A

The Mortgagor also mortgages and warrants to the Lender:

(i) The privileges, licenses, appurtenances. improvements, buildings, tenements, hereditaments, easements, rights of way, riparian and littoral rights, and all other rights belonging to the above-described premises and which may hereafter attach thereto; and

(ii) All rents, issues, profits, revenues, proceeds, accounts and general intangibles arising from or relating to the land, premises and property described above or any business conducted thereon;

(iii) All goods, equipment and fixtures of every kind and nature whatsoever, now or hereafter located in or upon such premises or any part thereof and used or useable in

z

111111/ lllll 11111 lllllll lllll llll llllll l/11111111111111 ~i~::i~~-~7 •• Mindy Reilly - J•o•·~ co. ~ L-1829 P-So

connection with any present or future operation of such premises (hereinafter collectively called "Fixtures"), whether now owned or hereafter acquired by the Mortgagor, including, without Jimijation, all heating, air conditioning, ventilation, lighting, incinerating and power equipment, engines, signs, security systems, fences, hoists, cranes, compressors, pipes, pumps, tanks, motors, plumbing, cleaning, fire prevention, fire extinguishing, apparatus, elevators, escalators, shades, awnings, screens, stonTJ doors and windows, appliances, attached cabinets, partijions, carpeting, ground maintenance equipment, and similar types of equipment, all of which shall be deemed to be real estate and mortgaged hereby. The above described premises, real property, Fixtures and other property rights related thereto are referred to herein as the "Property".

This Mortgage shall be subject and subordinate, however, in each and every respect, lo the rights of Comerica Bank (the "first mortgagee"), under and pursuant to a certain mortgage upon the Property, recorded in Uber~. Page 9.!J.B.._, Jackson County Records (the "First Mortgage"), and to the rights of the Economic Development Corporation of the County of Jackson, Inc. (the "Second Mortgage"), under and pursuant to a certain mortgage upon the Property, recorded in Uber ~. Page f I 8,2., Jackson County Records (the "Second Mortgage").

This Mortgage secures the following obligations to the Lender (hereinafter collectiveiy referr!!d to as the "Liabilities"):

A The indebtedness and obligatiOns (including future advances) evidenced by,

Name of lnstn.Jment (including face amo1 mt jf any) Name of Obligpr

Promissory Note in the MIRAMED PROPERTiES, LLC amount of $100,000

and any extensions, renewals, modifications, or replacements thereof; and

Date of Instrument

10/1912005

B. Al I EXISTING AND FUUJRE OBI IGATIONS OE MORTGAGOR TO THE L!=NDFR WHETHER OR NOT THE INSTRUMENTS EVIDENCING SUCH OBJ IGAT!ONS ARE QESCRIBED ABOVE, including, but not limited to, payment and perfonTJance of the provisions of this Mortgage, including without timttation all sums expended by the Lender to perform such provisions, and all existing and future assignments of leases andlor rents arising from the Property; payment and perfonTJance of all advances (including future advances), notes, undertakings, obligations, debts, liabilities, agreements, applications or agreements for issuance of letters of credit, assignments, guarantees, or promises of or by the Mortgagor to or with the Lender, whether due, existing or arising, now or in the future, absolute or contingent, direct or indirect, however arising, evidenced or acquired by the Lender, and including obligations originally owing by the Mortgagor to a third party and assigned by such third party to the Lender, payment and performance of all existing and future obligations (including the kinds of obligations described above) to the Lender of any persons or entities for which the Mortgagor is or becomes an accommodation party, surety or guarantor or whose obligations this Mortgage is given to secure; and all extensions, renewals, modifications and replacements of the foregoing. If more than one person appears as the Mortgagor above, the Liabilities shall include, without limitation, all of the foregoing joint, several and individual obligations of each such person to the Lender. Mortgagor

2

I llll/111111111!1 !llllll lllll llll /111111111111111111111 ~~~;;:~:;~0~~6A "indy R•llly - Jack•on Co. M L-1829 P-96

agrees that if the proceeds of any of the Liabilities created in the future are utilized to pay and/or renew any of the Liabilities existing at this time, such future Liabilities shall be presumed to be renewals or extensions of such existing Liabilities.

The Mortgagor represents, warrants, covenants and agrees to and with the Lender that at all times this Mortgage is in effect:

1. Payment and Pertonnance of Obligations. The Mortgagor shall pay the Liabilities in accordance with the terms thereof and shall keep and perform all the terms, conditions and covenants of the Liabilities.

2. Title to Pmpert)!/Pciodty of I jeo. The Mortgagor does and shall own good and marketable title to the Property, free of all easements, liens, mortgages, security interests, encroachments, encumbrances, leasehold interests, rights, claims, and other interests of any nature (herein "Interests"), other than the First Mortgage, Second Mortgage and Interests which are consented to in writing by the Lender. The Mortgagor shall forever warrant and defend the Property against any and all Interests not consented to in writing by the Lender and the lien created hereby is and shall be kept as a third lien upon the Property, unless otherwise agreed in writing by the Lender. The Mortgagor shall pay when due all obligations which, if unpaid, may become a lien on the Property. Upon request, the Mortgagor shall, at its cost, provide the Lender with a title insurance policy and other evidence of title as the Lender may request from time to time which shall be in fonn and substance satisfactory to the Lender.

3. Cpndilion Majnteoam:e and LJse of the Propert)!. The Property is and shall be in good condition sufficient for the use contemplated by the Mortgagor, and free of all material defects. None of the easements, rights, or other Interests consented to by the Lender shall materially impair or restrict the use of the Property as contemplated by the Mortgagor. The Mortgagor shaii not commit, now or hereafter, waste on the Property and shaii maintain aii oi the Property in good condition and working order satisfactory to the Lender, and shall make all repairs and replace all fixtures necessary to maintain the utility and value of the Property and keep it in compliance with all applicable laws, regulations, and ordinances. The Mortgagor shall do everything necessary to keep in force any manufacturer's and seller's warranties with respect to the Fixtures. The Mortgagor shall hold all valid permits and licenses necessary to operate and maintain the Property as contemplated by the Mortgagor, and the Property shall be used only for lawful purposes and in compliance with all applicable laws, regulations and ordinances. The Mortgagor shall promptly repair, restore, replace or rebuild each part of the Property which may be damaged or destroyed by fire or other casualty or which may be affected by any eminent domain proceedings, notwithstanding application by the Mortgagee of the insurance proceeds or eminent domain award to payment of the Indebtedness.

4. Payment of Taxes. The Mortgagor shall pay and discharge all taxes, assessments, fees, licenses, liens, and charges at any time levied upon or assessed against the Mortgagor or the Property. The Mortgagor shall not do anything or permit anything to be done which would impair the lien of this Mortgage. Notwithstanding the foregoing, the Mortgagor shall not be required to pay any tax, assessment, fee, license, lien, or charge so long as it is in good faith contesting the validity thereof by proi>er proceedings. If such contest is made, the Mortgagor shall provide security for the payment of such tax, assessment, fee, license, lien, or charge in a manner satisfactory to the Lender.

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5. Insurance. The Mortgagor shall carry insurance against such risks, with such companies, and in such amounts as shall be satisfactory to the Lender (including but not limited to, hazard insurance and flood insurance, if the Property is located within a flood hazard area); each policy shall be in a form satisfactory to the Lender with standard mortgagee clauses making all Joss payable to the Lender. The Mortgagor shall promptly pay all premiums therefor, and deliver to the Lender all such policies of insurance. All insurance policies shall provide that notice of non-renewal or cancellation must be given to the Lender at least thirty (30) days before such non-renewal or cancellation. Any insurance money received by the Lender may, at its sole election, be paid, either in whole or in part, to the Mortgagor for the purpose of deiraying the costs and expenses of repair, restoration or replacement of the Property damaged or destroyed, or be retained and applied toward the payment of any of the Liabilities, in whatever order the Lender shall elect, with the excess, if any, over the Liabilities to be repaid to the Mortgagor, without impairing the Mortgagor's duties under this Mortgage or the Liabilities. Jn the event of loss with respect to the Property, the Mortgagor shall promptly notify the Lender thereof and the Lender may make any proof of loss not promptly made by the Mortgagor. In the event of foreciosure or other disposition at the Property in partial or full payment of the Liabilities, the Lender shall be entitled to all of the Mortgagor's right, title and interest in and to all policies of insurance with respect to the Property, including, without limitation, the right to collect any unearned premium refund relating to such policies.

6. Escrow of Tax and lns11rance. Upon demand by the Lender, the Mortgagor shall pay monthly to the Lender a sum equal to 1/12 of the annual taxes and assessments on the Property next coming due, and 1/12 of the annual premiums on required insurance policies on the Property next coming due, all as estimated by the Lender so as to enable the Lender to pay such taxes, assessments and insurance premiums in full thirty (30) days before the due date thereof. Upan occurrence of an Event of Default, moneys sc held by the Lender may be applied against the Liabilities. If the funds so paid to the Lender are insufficient to pay such taxes, assessments and insurance premiums in full thirty (30) days before the due dates thereof, ihe Mortgagor shall immediately upon written demand therefor, pay to the Lender such additional sums as are required to pay such lalCes, assessments and insurance premiums in full thirty (30) days before the due date thereof. If the funds so paid to the Lender shall exceed the amount of taxes, assessments ancl insurance premiums paid by the Lender, such excess shall be credited by the Lender to subsequent payments required to be made by the Mortgagor pursuant to this paragraph.

7. Assignment of Awa!'ds and Tax Refunds. The Mortgagor hereby assigns to the Lender, in their entirety, all judgments, decrees and awards for injury or damage to the Property, all awards pursuant to proceedings for condemnation thereof, and all refunds of local, state or federal income or other taxes relating to the Property or the disposition thereof by the Mortgagor (the "Claims"). The Mortgagor authorizes the Lender, at its sole election (and as to refunds of ta,,;es, after default), to apply the Claims, or the proceeds thereof, to the Liabilities in such manner as the Lender may elect; and the Mortgagor hereby authorizes the Lender, at its option (and as to refunds of taxes, after default), in the name of the Mortgagor, to appear and participate in any proceeding related to the Claims and to execute and deliver valid receipts, discharges, and settlements for, and to appeal from, any award, judgment or decree with respect to the Claims.

8. Lenders Right to Perform. If the Mortgagor defaults in the payment of any iaxes, assessments or charges (or in providing security as provided in Section 6), in procuring or maintaining insurance in maintaining the Property, or in performing any of the other obligations of

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this Mortgage, then the Lender may, at its option, (notwithstanding anything to the contrary contained in any of the Liabilities) take any action or pay any amount required to be taken or paid by the Mortgagor hereunder. The cost of such action or payment by the Lender shall be immediately paid by the Mortgagor, shall be added to the Liabilities, shall be secured hereby, and shall bear interest at the highest rate specified in the Liabilities from the date incurred by the Lender until fully paid. No such action taken or amount paid by the Lender shall constitute a waiver of any default of the Mortgagor hereunder.

9. Removal of the Property. Except for maintenance in the ordinary course of business, the Mortgagor shall not, without the prior written consent of the Lender, materially alter, remove or demolish any timber, topsoil, minerals, fixture, building, or improvement forming part of the Property.

10. Transfer of the Property The Lender is relying upon the integrity of the Mortgagor and its promises to perform the covenants of this Mortgage. The Mortgagor shall not sell, transfer, convey, assign, rent for a period exceeding one year, dispose of, or further encumber, voluntarily or involuntarily, its interest in any of the Property by deed, land contract, mortgage or otherwise, without the prior written consent of the Lender. Subject to the foregoing, if the ownership of the Property, or any part thereof, becomes vested in a person other than the Mortgagor, the Lender may deal with such successor or successors in interest in the same manner as with the Mortgagor, without in any manner vitiating or discharging the Mortgagor's liability hereunder or upon the Liabilities. The Mortgagor shall at all times continue to be primarily liable on the Liabilities until fully discharged or until the Mortgagor is fonmal!y released in writing by the Lender.

11. Additional Documents. At any time, upon request of the Lender, the Mortgagor shall execute and deliver or cause to be executed and delivered to the Lender and, where appropriate, shall cause to be recorded and/or filed at such time and in such offices and places designated by the Lender, any and all such other and further mortgages, financing statements, instruments of further assurance, certificates and other documents as may, in the opinion of the Lender or its counsel, be necessary or desirable to effectuate, complete, perfect, continue or preserve the obligation of the Mortgagor under this Mortgage and the lien of this Mortgage as a first lien upon all the Property (excepting prior liens consented to in writing by the Lender). If the Mortgagor fails to comply with the foregoing sentence, the Lender may execute, record, file, rerecord and refile any and all such mortgages, financing statements, instruments, certificates and documents for and in the name of the Mortgagor and the Mortgagor hereby irrevocably appoints the Lender as its agent and attorney in fact to do so. The Mortgagor agrees to execute, acknowledge and deliver, from time to time, such financing statements or other instruments as may be requested by the Lender to confirm, protect and perfect the lien of this Mortgage on any Fixtures under the provisions of the Uniform Commercial Code or other applicable statutes in effect in Michigan or otherwise, and this Mortgage shall also constitute a security agreement with reference to the Fixtures, and upon the Mortgagor's default the Lender shall, in addition to all other remedies herein provided, have the remedies provided for under the Uniform Commercial Code in effect in Michigan.

12. Assignment of I eases and Rents. As additional security for the payment and performance of the Liabilities, and for the performance of the agreements herein contained, the Mortgagor hereby assigns and transfers to the Lender, its successors and assigns, all the rents, profits, and income under any present or future written or oral leases and occupancy agreements

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covering any of the Property Oncluding any extensions, amendments, or renewals thereof), whether due or to become due. This assignment of rents shall run with the land and be good and valid against the Mortgagor or those claiming under or through the Mortgagor, from the date of the recording of this Mortgage. This assignment shall continue to be operative during foreclosure or any other proceedings taken to enforce this Mortgage. In the event of a sale or foreclosure which shall result in a deficiency this assignment shall stand as security during the redemption period for the payment of such deficiency. This assignment is given as collateral security only and shall not be construed as obligating the Lender to perform any of the covenants or undertakings required to be performed by the Mortgagor contained in any assigned leases. The Mortgagor shall timely perform its obligations under the leases and occupancy agreements and not permit any condition to continue giving any tenant a right to terminate its lease or assert any defense to its obligations thereunder.

Upon occurrence of an Event of Default, the Mortgagor shall, upon demand by the Lender, and to the extent allowed by law, deliver possession of the Property to the Lender, who shall !hereafter collect the rents, income and profits therefrom, rent or lease the Property or portion thereof upon terms and for a time as it deems best, terminate any tenancy and maintain proceedings to recover rents or possession of the Property from any tenant or trespasser. The Lender may apply the net proceeds at such rent and income to the following purposes: (a) preservation of the Property; (b) payment of taxes; (c) payment of insurance premiums; (d) payment of the Liabilities. In the event that the Mortgagor fails, refuses, or neglects to deliver or surrender possession, the Lender shall be entitled to the appointment of a receiver for the Property and of the earnings, income, issue and profits thereof, with such powers as the court making such appointment may confer. The Mortgagor hereby irrevocably consents to such appointment and waives notices of any application therefor. The Mortgagor agrees to execute and deliver to the Lender further assignments of rents on all future leases on the Property during the term of this Mortgage, such assignments to be in a form and manner reasonably satisfactory to the Lender.

13. Waste and Receiver. The failure, refusal or neglect of the Mortgagor to pay any of the taxes assessed against the Property before any interest or penalty attaciies thereto and to provide adequate security therefor shall constitute waste hereunder and in accordance with the provisions of Act No. 236 of the Public Acts at Michigan for 1961, The failure, refusal or neglect of the Mortgagor to keep the Property adequately insured as herein provided, or to pay the premiums therefor, shall likewise constitute waste hereunder and in accordance with the provisions of Act No. 236. Upon the happening of any act of waste and on proper application made therefor by the Lender lo a court of competent jurisdiction, the Lender shall forthwith be entitled to the appointment of a receiver of the Property and of the earnings, income, issue and profits thereof, With such powers as the court making such appointment shall confer. The Mortgagor hereby irrevocably consents to such appointment and waives notice of any application therefor.

14. Reimbursement of Fxpenses. The Mortgagor shall pay or reimburse the Lender for expenses reasonably necessary or incidental to the protection of the lien and priority of this Mortgage and for expenses incurred by the Lender in seeking to enforce the provisions hereof and of the Liabilities (whether before or after default), including but not limited to costs of evidence of title to and survey of the Property, costs of recording this and other instruments, actual, reasonable attorney fees (including, but not limited to, fees incurred in participating or taking action in any bankruptcy or other insolvency proceeding of Mortgagor), trustees' fees, court costs,

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and expenses of advertising, selling and conveying the Property. All such payments or reimbllrsements shall be paid immediately to the Lender, shall be added to the Liabilities, shall be secured by this Mortgage, and shall bear interest at the highest rate specified in the Liabilities from the date incurred by the Lender until fully paid.

15. Inspection and Reports. At all reasonable times, the Lender and its agents may inspect the Property to ascertain whether the covenants and agreements contained herein or in any supplementary agreement are being performed. Upon demand by the Lender, the Mortgagor shall promptly deliver to the Lender all financial reports, statements, rent rolls, and other documents relating to the Property arid the Mortgagor, as shall be reasonably requested by the Lender. Mortgagor hereby authorizes the Lender to undertake or to have third parties undertake on its behalf (not more often than twice in any 12 month period) environmental investigations regarding the Property and its operation including research into the previous and current ownership, use, and condition (by taking samples or borings or otherwise) of the Property for the purpose of attempting to determine whether: (i) Mortgagor or any current or past occupant of the Property has violated any federal, state or local laws involving the protection of the environment and/or the disposition of, or exposure to, hazardous or toxic substances, as now existing or as hereinafter amended or enacted, or any rules, regulations, guidelines or standards promulgated pursuant thereto; and (ii) whether any hazardous or toxic substances have been used or disposed of on the Property. Such investigations may be performed at any time before or after occurrence of an Event of Default and Mortgagor will permlt the Lender and persons acting on its behalf to have access to the Property and records concerning the Property for the purpose of c:onducting such investigations. The cost of all such investigations shall be immediately paid by Mortgagor to the Lender, and if not paid shall be added to the Liabilmes secured hereby and shall bear interest at the highest rate specified in any of the Liabilities secured hereby from the date incurred by the Lender until paid.

16. Events of Default. Occurrence of any one of the following events and the continuance thereof uncured or unsatisfied for the period of thirty (30} days following written notice thereof by Lender to Mortgagor shall constitute an "Event of Default" under this Mortgage:

(a) Breach, failure of payment or performance, or default by the Mortgagor of or under any of the terms, conditions, or covenants of this Mortgage, any of the Liabilities, or any other instrument or agreement execut&d by the Mortgagor with or in favor of the Lender;

(b) Breach, failure of payment or performance, or default by any obligor other than the Mortgagor of or under any of the terms, conditions or covenants of any of the Liabilities for which this Mortgage is given as security, or of any other instrument or agreement executed by such obliger with or in favor of the Lender;

(c) AI1y representation, warranty, financial statement, report or other information made or furnished by or on behalf of the Mortgagor to the Lender at any time proves to be, or to have been, false or materially misleaciing when made or furnished.

(d) The Mortgagor makes an assignment for the benefit of creditors, or a receiver, liquidator, or trustee is appointed for the Mortgagor or any of its property;

(e) Any proceeding under any insolvency or bankruptcy law is instituted by or against the Mortgagor or any action is taken to realize upon or any proceeding is instituted to

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111111111111111111111111111111111111111111111111111 !Ill ~;;,~i:::;~ 01 7on r11ndy Rail!Y - Jackson Co. M L-1829 P-96

foreclose any mortgage, security interest, or lien of any kind against the Property;

(f) Any substantial damage or destruction to the Property or the issuance or filing of any attachment, levy, garnishment or other judicial process or proceeding upon or in respec::t of the Mortgagor or the Property; and/or

(g) Any default in the terms, conditions or covenants of any mortgage, lease, land contract, easement or other instrument which evidences an interest in the Property by any third party.

17. Lender's Rights I Jpon Default Upon occurrence of an Event of Default all of the Liabilities (regardless of any contrary terms thereof) shall, at the option of the Lender, be immediately due and payable without demand or notice, and the Lender may take any one or more of the following actions not contrary to law:

(a) Foreclose this Mortgage by legal proceedings and collect its actual attorney fees as awarded by the Court;

(b) Sell, grant, and convey the Property, or cause the Property to be sold, granted and conveyed al public sale and to execute and deliver to the purchaser at such sale a good and sufficient deed or deeds of conveyance at law, pursuant to the statute in such case made and provided and out of the proceeds of such sate to retain the sums due under this Mortgage and alt costs and charges of the sale (including, without limitation, t'le attorney fees provided by statute), rendering the surplus moneys, if any, to the Mortgagor or as otherwise provided by law, and in the event of a public sale and unless otherwise prohibited by law, the Property may be sold as one or more parcels, the Lender may sell the Property for cash and/or secured credij, and the Lender may give a warranty deed to the purchaser binding upon the Mortgagor and all claiming under the Mortgagor;

(c) As to the Fixtures, exercise any of the rights and remedies of a creditor under the Uniform Commercial Code, any other law, and any Court Rule;

(d) Enter upon the Property and take other actions as the Lender deems appropriate to perionn the Mortgagor's obligations under this Mortgage, to inspect, repair, protect or preserve the Property, to Investigate or test for the presence of any hazardous materials, andlor to appraise the Property, each of the rights under this subparagraph being specifically enforceable since there is not adequate monetary remedy available ta the Lender,

(e) Liabilities; and/or

(f)

Exercise any and all rights granted to the Lender herein or in any of the

Take any other action allowed by law.

18. AppHcalion of Payments After Defa11lt Notwithstanding anything to the contrary contained in this Mortgage or in any of the Liabilities, upon occurrence of an Event of Default under this Mortgage, any proceeds of any foreclosure, voluntary sale, or other disposition of the Property shall be applied by the Lender to reduction of the Liabilities in such order as the Lender shall determine in its sole judgment and the Mortgagor shall have no right to require the Lender to apply such proceeds to any specific Liabilities.

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Miody R•il!v - J•ok<on Co. .~ L-1829 P-96 19. Wajyer of Marshalling. In the event of foreclosure of this Mortgage or the

enforcement by the Lender of any other rights and remedies under this Mortgage, the Mortgagor waives any right otherwise available in respect to marshalling of assets which secure the Liabilities or to require the Lender to pursue its remedies against any other assets or any other party which may be liable for any of the Liabilities.

20. Subrogation. Any transferee of, or endorser, guarantor or surety or other party providing security who pays the Liabilities secured hereby in full may take over all or any part of the Property and shall succeed to all rights of the Lender in respeci thereto and the Lender shall be under no further responsibility therefor. No party shall suc;ceed to any of the rights of the Lender so long as any of !he Liabilities remain unpaid to the Lender.

21. Release of Security. The Mortgagor agrees that the Lender may, without impairing the obligation of the Mortgagor hereunder: release any other obligors or guarantors from their obligations to pay or perform the Liabilities; release any security of any obligor or guarantor of the Liabilities before or after maturity of any of the Liabilities; take, release or enforce its rights with respec:t to any of the Property without being obliged first to do so to any other security, whether owned by the Mortgagor or any other person; and agree with any obligor of the Liabilities to extend, modify, forbear or make any accommodations with regard to the terms of the Liabilities owed by such obligor.

22. Waiver of Rights Regardin~ Sale by Advertisement. The Mortgagor understands, acknowledges, and agrees that, upon occurrence of an Event of Default, the Lender has !he right, at its option, to foreclose this Mortgage by advertisement pursuant to relevant Michigan statutes and that such statutes provide for notice of a sale solely by advertisement and posting and afford no right to a hearing to the Mortgagor. The Mortgagor hereby voluntarily and knowingly agrees and consenls to the right of the Lender, at its option, to foreclose this Mortgage by advertisement and waives its rights, if any, under the Constitution elf the United States and/or the State of Michigan to notice or a hearing regarding such foreclosure by advertisement, except for the notice requirements described in the Michigan statutes providing for such sale.

23. No Consent Nothing in this Mortgage shall be deemed or construed in any Wi!Y as constituting the consent or request by the Lender, express or implied, to any contractor, subccntracior, laborer, mechanic or materialman for the performance of any labor or the furnishing of any material for any improvement, construction, alteration or repair of the Property. The Mortgagor further agrees that the Lander does not stand in any fiduciary relationship to the Mortgagor.

24. Jndemnjty In addition to payments of the Liabilities, Mortgagor agrees to indemnify, defend, pay and hold harmless the Lender and any holder of any of the Liabilities, and the officers, directors, employees, agents and affiliates elf the Lender and such holders (collec:tively called the "lndemnitses") from and against any and all other liabilities, obligations, losses, damages, penalties, actions, judgments, suits, claims, costs (including, without limitation, settlement costs), expenses or disbursements of any kind or nature whatsoever (including, without limitation, the reasonable fees and disbursements of counsel for such lndemnitees in connection with any investigative, administrative or judicial proceeding commenced or threatened, whether or not such lndemnitee shall be designated a party thereto), which may be imposed on, incurred by, or asserted against that lndemnitee, in any manner relating to or arising out of this Mortgage

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and/or tts enforcement, the Liabilities, the Lender's relationship with Mortgagor, the use or intended use of the proceeds of any of the Liabilities or any environmental matter (the "Indemnified Claims"); provided that Mortgagor shall have no obligation lo an lndemnitee hereunder with respect to Indemnified Claims if it has been determined by a final decision (after all appeals and the expiration of time to appeal) by a court of competent jurisdiction that su.ch Indemnified Claims arose primarily from the gross negligence or willful misconduct of that lndemnitee. To the extent that the undertaking to indemnify, defend, pay and hold harmless set forth in the preceding sentence may be unenforceable because it 1s violative of any law or public policy, Mortgagor shall contribute the maximum portion which it is permitted to pay and satisfy under applicable law, to the payment and satisfaction of all Indemnified Claims incurred by the lndemnitees or any of them.

The foregoing indemnity set forth in this Section 24 shall include, without limitation, indemnification by Mortgagor to each Jndemnitee for any and all expenses and costs (including, without limitation, remedial, removal, response, abatement, clean-up, investigative, dosure and monitoring costs), losses, claims (including claims for contribution or indemnity and including the costs of investigating or defending any claim and whether or not such claim is ultimately defeated, and whether such claim arose before, during or after Mortgagor's ownership, operation, possession or control of the Property, or before, on or after the date hereof, and including also any amounts paid incidental to any compromise or settlement by the lndemnitees or any lndemnitee to the holders of any such claim), lawsuits, Jiabilrties, obligations, actions, judgments, suits, disbursements, encumbrances, liens, damages (including, without limitation, damages for contamination or destruction of natural resources), penalties and fines of any kind or nature whatsoever (including, without limitation, in all cases the reasonable fees and disbursements of counsel in connection therewith) incurred, suffered or sustained by that lndemnitee based upon, arising under or relating lo any federal, state or local laws involving the protection of the environment and/or the disposition of, or exposure to, hazardous or toxic substances, as now existing or as hereinafter amended or enacted, or any rules, regulations, guidelines or standards promulgated pursuant thereto, based on, arising out of or relating to, in whole or in part, the exercise and/or enforcement of any rights or remedies by any lndemnitee under this Mortgage or any of the Liabilities, and including, but not limited to, taking title to, owning, possessing, operating, control!ing, managing or taking any action in respect of the Property. The provisions of this Section 24 shall survive payment of the Liabilities and termination of this Mortgage.

25. Beinetatement of Mortgage. If any payment to the Lender on any of the Liabilities is wholly or partially invalidated, set aside, declared fraudulent, or required to be repaid to the Mortgagor or anyone representing the Mortgagor or the Mortgagor's cnedltors under any bankruptcy or insolvency act or code, under any state or federal law, or any common law or equitable principles, then this Mortgage shall remain in full force and effect or be reinstated, as the case may be, until payment in full to the Lender of the repaid amounts, and of the Liabilities. If tnis Mortgage must be reinstated, the Mortgagor agrees to execute and deliver to the Lender new mortgages, if necessary, in form and substance acceptable to the Lender, covering the Property.

26. Miscellaneous. The paragraph headings used in this Mortgage are for convenience only and shall no1 be used in the interpretation hereof. All persons signing this Mortgage on behalf of a corporation, partnership, trust or other entity warrant to the Lender that tney are duly and properly authorized to execute this Mortgage. Nothing in this Mortgage shall waive or restrict any right of the Lender granted in any other document or by law, No delay on the pert of the Lender in the exercise of any right or remedy shall operate as a waiver. No single or

to

111111111111111111111m 1111111111111111111111111111111 ~;;,;;:~~.~~.};A Mindy Reilly • Jaoksor. Go. M l-1629 P-96

partial exercise by the Lender of any right or remedy shall preclude any other future exercise of that right or remedy or the exercise of any other right or remedy. No waiver or indulgence by the Lender of any default shall be effective unless in writing and signed by the Lender. nor shall a waiver on one occasion be construed as a bar to or waiver of that right on any Mure occasion. Acceptance of partial or late payments owing on any of the Liabilities at any time shall not be deemed a waiver of any default. All rights, remedies and security granted to the Lender herein are cumulative and in addition to other rights, remedies or security which may be granted elsewhere or by law. Any inspection, audit, appraisal or examination of the Property by or on behalf of the Lender shall be solely for its benefit and shall not create any duty or obligation to the Mortgagor or any other person. Whenever possible, each provision of this Mortgage shall be interpreted in such manner as to be effective and valid under applicable law. If any provision hereof shall be declared invalid or illegal it shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of the provision or the remaining provisions of this Mortgage. Notice from the Lender ta the Mortgagor, if mailed, shall be deemed given when mailed to the Mortgagor, postage prepaid, at the Mortgagor's address set forth at the beginning of this Mortgage or at any other address of the Mortgagor in the records of the Lender. Any reference to the Lender shall include any holder of the Liabilities and any holder shall succeed to the Lender's rights under this Mortgage. This Mortgage shall bind the respectfve heirs, personal representatives, successors and assigns of the Mortgagor. If any payment applied by the Lender to the Liabilities is subsequently set aside, recovered, rescinded or otherwise required to be returned or disgorged by the Lender for any reason (pursuant to bankruptcy proceedings, fraudulent conveyance statutes, or otherwise), the Liabilities to which the payment was applied shall for the purposes of this Mortgage be deemed to have continued in existence, notwithstanding the application, and shall be secured by this Mortgage as fully as If the Lender had not received and applied the payment.

27. .loin! and Several Obligations. If two or more persons execute this Mortgage as the Mortgagor, the obligations and grants of liens of such persons herein shall be joint, several, and individual.

28. WAIVER OF ,fl/RY TRIAL. THE MORTGAGOR AND The Lender EACH HEREBY KNOWINGLY AND VOLUNTARILY, WITHOUT COERCION AND AFTER CONSUL TING (OR HAVING HAD THE OPPORTUNITY TO CONSULT) WITH COUNSEL OF THEIR CHOICE, WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ALL DISPUTES BETWEEN THEM ARISING OUT OF THIS MORTGAGE, ANY OF THE LIABILITIES, OR ANY ALLEGED ACT OR NEGLECT OF THE LENDER NEITHER THE MORTGAGOR NOR THE LENDER SHALL SEEK TO CONSOLIDATE, BY COUNTERCLAIM OR OTHERWISE, ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. THIS WAIVER OF JURY TRIAL MAY NOT BE MODIFIED IN ANY RESPECT OR RELINQUISHED BY ANY PARTY EXCEPT IN A WRITTEN INSTRUMENT EXECUTED BY ALL PARTIES.

11

I llllll lllll lllll lllllll lllll llll llllll Ill llllll Ill llll ~;~~:~~S ~~ • ::R •lndv RoH l> - J•>ksor Co. " L-1829 P-96

IN WITNESS WHEREOF, the Mortgagor has executed this Mortgage on the day and year first above written.

Signed by: MIRAMED PROPERTIES, LLC

By:~~ Hamlf ~ager

STATE OF MICHIGAN ) )ss:

COUNTY OF JACKSON )

The foregoing ins1rument was acknowledged before me this /'jih day of October, 2005, by Hamid Mirafzali, Manager, on behaff of MIRAMED PROPERTIES, LLC, a Michigan limited liability company.

This instrument drafted by:

Juiius A Giglio (P32022) City Attorney 161 West Michigan Avenue Jackson, Michigan 49201 (517) 788-4050

Dt;'l'02 \20 94 78. l IlJ\DJSC

Notary Public, KRIST iN -A. +IE~tl\AfJ,J t.J1111c Jasl1sea,County, Michigan

Acting in Jackson County, Michigan My Commission Expires: l/J!/(J(a

12

$ ;

When recorded return to:

Julius A Giglio City Attorney's Office 161 West Michigan Avenue Jackson, Michigan 49201

111111111111 ~Ill Ill/Ill Ill/I II/I 111111111 111111111 /Ill ~indy Roilly - J~ckson to. M

EXHIBIT "A"

PROPERTY DESCRIPTION

The land referred to is described as follows:

PARCEL 1:

241631'l2 Page: 13 of 15 1~/25/2~D5 10:16~

L·1829 P-96

Beginning at a point on the South line of Main Street (now Michigan Avenue) 45 feet East of the Northwest corner of Lot 8, Block 1 South, Range 1 West, of the original plat of Jacksonburgh, now City of Jackson, according to the recorded plat thereof, as recorded in Uber 4 of Plats, Page 2, Jackson County Records, which said point is also 87 feet West of the Northeast corner of Lot 7 in said Block running thence West 21 feet, more or less to the center of a division wall running North and South along the West line of the parcel being herein described; thence South parallel with the West line of Lots 8 and 9 in said Block, 165 feet, thence East parallel with the South line of Michigan Avenue 21 feet more or less, to a point 45 feet East of the West line of said Lot 9, thence North parallel with the West lines of said Lots B and 9 to the place of beginning.

Also the perpetual right of way and sole use for passage by persons or vehicles across and along a strip of land 10.29 feet in width off the South end of the North 33 feet of the West 24 feet, more or less, of said Lot 9.

ALSO: The East 1f2 of Lot 9, Block 1 South, Range 1 West, plat of Village of Jacksonburgh, now City of Jackson, acoording to the recorded plat thereof, as recorded in Uber 4 of Plats, Page 2, Jackson County Records, except a strip of land 2 rods wide on the North end of said lot.

ALSO: Commencing at a point on the South line of Main Street (now Michigan Avenue) 43 feet West of the Northeast corner of Lot 7, Block 1 South, Range 1 West, Plat of the Village of Jacksonburgh, now City of Jackson, according to the recorded plat thereof, as recorded in Uber 4 of Plats, Page 2, Jackson County Records, thence West on said South line of Main Street 44 feet, thence South parallel with the East line of said Lot 7, 10 rods, thence East parallel with said South line of Main Street 44 feet, thence North parallel to the East line of said Loi 7 to the place of beginning.

ALSO: The East 22 feet of Loi 7 and the East 22 feet of the North 2 rods of Lot 9, Block 1 South, Range 1 West, Plat of the Village of Jacksonburgh, now City of Jackson, according to the recorded plat thereof, as recorded in Uber 4 of Plats, Page 2, Jackson County Records, excepting therefrom a parcel of land described as follows: Commencing at a point 22 feet West and 149 feet 3 inches South of the Northeast comer of Lot 7, thence East parallel with the North line of Lot 9, 22 feet to the East line of Lot 9, thence North along the East lines of Lots 9 and 7, 24 feet, thence West parallel with the North line of Lot 7, 22 feet, thence South 24 feet to the place of beginning.

ALSO the West 21 feet of the East 43 feet of the North 2 rods of Lot 9, Block 1 South , Range 1 West, Plat of Village of Jacksonburgh, now City of Jackson. according to the

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recorded plat thereof, as recorded in Uber 4 of Plats, Page 2, Jackson County Records, excepting therefrom that portion thereof lying North of a line 149 feet 3 inches distance South of North line of Lot 7, Block 1 South, Range 1 West.

ALSO: Commencing at a point on the South line of Main Street ( now Michigan Avenue), 22 feet West of the Northeast corner of Lot 7, Block 1 South, Range 1 West, Plat of the Village of Jacksonburgh, now City of Jackson, according to the recorded plat thereof, as recorded in Uber 4 of Plats,Page 2, Jackson County Records, thence West on said line of Main Street 21 feet, thence South parallel with the East line of said Lot 7, 80 feet to private right of way conveyed in Uber 73 of Deeds, on Page 192, thence East parallel with the South line of said Main Street 21 feet, thence North parallel with the East line of said Lot 7, BO feet to the place of beginning. ALSO commencing at a point 43 feet West and 80 feet South of the Northeast corner of Lot 7, Block 1 South, Range 1 West, Plat of the Village of Jacksonburgh, thence South parallel with the East line of Lots 7 and 9, Block 1 South, Range 1 West1 to a point 149 feet, 3 inches, South of the North line of Lot 7, thence East parallel with the North line of Lot 9, 43 feet to the East line of Lot 9, thence North along the East lines of Lots 9 and 7, 24 feet, thence West parallel with the North line of Lot 7, 22 feet, thence North parallel with the East line of Lot 7, to a point 80 feet from the North line of Lot 7, thence West to the place of beginning, plat of the Village of Jacksonburgh, now City of Jackson, according to the recorded plat thereof, as recorded in Uber 4 of Plats, page 2, Jackson County Records.

PARCEL2: Land in the City of Jackson, Jackson County, Michigan described as: Commencing at a point on the South line of Michigan Avenue (formerly Main Street) at the Northwest comer of Lot B, Block 1 South, Range 1 West, of the plat of the Village of Jacksonburgh (now City of Jackson), Michigan, according to the recorded plat thereof, as recorded in Uber 4 of Plats, Page 2, Jackson County Records, thence East on the South line of Michigan Avenue 24 feet more or less to a point which was formerly the center of division wall running North and South along the East line of 1he herein described premises; thence South parallel to the West line of Lots 8 and 9 in said Block 165.25 feet, thence West parallel to the South line of Michigan Avenue 24 feet more of less, to the West line of Lots 8 and 9 in said Block (which line is the East line of a public alley running North and South in said Block) and thence North along the West line of said Lots 8 and 9, 165.25 feet to the place of beginning of this description, being the West 24 feet, more or less of premises described in a certain deed dated and recorded IQ June 23, 1915 in Uber 222 of Deeds, page 438, Jackson County Records.

PARCEL 3: The West 1/2 of Lot 9, Block 1 South of Range 1 West of the Original Plat of the City of Jackson, Michigan. also known as Village of Jacksonburg, according to the recorded plat thereof, as recorded in Uber 4 of Plats, page 2, Jackson County Records, EXCEPT the North 2 rods thereof.

PARCEL4:

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Lots 7, B, 9, 10, 11 and 12, Block 2 South, Range 1 West, the Original Plat of the Village of Jacksonburgh, together with all alleys dividing such lots, except the West 132 feet of said parcel and also except the East 68 feet of Lots 7 and 8 , according to the recorded plat thereof, as recorded in Uber 4 of Plats, Page 2, Jackson County Records.

PARCEL 5: Commencing on the North line of West Cortland 33 feet east ol the Southwest corner of Lot 3, Block 1 South, Range 1 West, thence East along the North line of West Cortland Street about 50 feet, 11 inches to the center of the West wall of Block formerly owned by W. A Richard; thence , due North along center of said wall to the North line of Lot 4, Block 1 South, Range 1 West; thence West along the North line of said Lot about 50 feet 11 inches to a point 33 feet East of the West line of said Lot 4; thence South to the place of beginning. Original plat of the City of Jackson, (now City of Jackson) Jackson County, Michigan, according to the recorded plat thereof, as recorded in Li ber 4 of Plats, page 2 1 Jackson County Records.

DETC2\209573.1 :D\JJSC

EXHIBIT C

GUARANfY

This Guaranty dated October fl__, 2005, is made by ANESTHESIA BUSINESS CONSULTANTS, LLC, a Michigan limited liability company (being referred to herein as "Guarantor") to CITY OF JACKSON, a municipal corporation (being referred to herein as the "City").

For value received, Guarantor unconditionally and absolutely, guarantees payment when due, whether by stated maturity, demand, acceleration or otherwise, of all existing and future indebtedness ("Indebtedness") to the City of MiraMed Properties, LLC ("Borrower"). Indebtedness includes without limit the indebtedness, liabilities and obligations of the Borrower to the City under the following, and each of its extensions, renewals, amendments, modification, replacements, and substitutions:

The $100,000 Promissory Note dated October 19, 2005, made by the Borrower to the City;

together with any and all other present and future obligations or liabilities of the Borrower to the City, whether absolute or contingent, -direct or indirect, voluntary or involuntary, liquidated or unliquidated, joint or sever~!, known or unknown; any and all indebtedness, obligations or liabilities for which Borrower would otherwise be liable to the City were it not for the invalidity, irregularity or unenforceability of them by reason of any Bankruptcy, insolvency or other law or order of any kind, or for any other reason; any and all amendments, modifications, renewals and/or extensions of any of the above; and all costs of collecting Indebtedness, including, without limit, attorney fees.

1. NO LIMITATION: The total obligation of Guarantor under this Guaranty is UNLIMJTED, and this obligation shall include, in addition to the principal amount of any Inde_btedness, all interest on that amount, and all costs incurred by the City in collection efforts against the Borrower and/or Guarantor or otherwise incurred by the City in any way relating to the Indebtedness, or this Guaranty, including without limit attorney fees. Guarantor agrees that any payments by a Guarantor, shall not reduce the maximum liability of such Guarantor under this Guaranty unless written notice to that effect is actually received by the City at, or prior to, the time of the payment; and the liability of a Guarantor to -the City shall at all times be deemed to be the aggregate liability of Guarantor under this Guaranty and any other guaranties previously or subsequently given to the City by Guarantor aud not expressly revoked, modified or invalidated in writing.

2. NATURE OF GUARANTY: This is a continuing Guaranty of payment and not of collection and remains effective whether the Indebtedness is from time to time reduced and later increased or entirely extinguished and later re-incurred. Guarantor delivers this Guaranty based solely on such Guarantor's independent investigation of (or decision not to investigate) the financial condition of Borrower and is (are) not relying on any information f1l1Ilished by the City. Guarantor assumes full responsibility for obtaining any further information concerning the Borrower's fmaucial condition, the status of the Indebtedness or auy other matter which Guarantor may deem necessary or appropriate now or later. Guarantor knowingly accepts the 'full range of risk encompassed in this Guaranty, which risk includes, without limit, the possibility that Borrower may incur Indebtedness to the City after the f"mancial condition of the Borrower, or the Borrower's ability to pay debts as they mature, has deteriorated.

3. APPLICATION OF PAYMENTS: Guarantor authorizes the City, either before or after termination of this Guaranty, without notice to or demand on Guarantor and without affecting Guarantor's liability under this Guaranty, from time to time to: (a) apply auy security and direct the order or manner of sale; and (b) apply payments received by the City from the Borrower to any indebtedness of the Borrowerto the City, in such order as the City shall determine in its sole discretion, -whether or not this indebtedness is covered by this Guaranty, and _Guarantor waives any provision of law regarding

~-·. { ' r-------

day ("effective date") following written acknowledgement of d.elivery, Any termination shall not affoot in any way the unconditional obligations of Guarantor as to any Indebtedness existh1g at the effective date of termination or any Indebtedness created after that pursuant to any coirnnitment or agreement of the City or pursuant to any Borrower loan with the City existing at the effective date of termination (whether advances or re-advances by the City after the effective date of terrcination are optional or obligatory), or any modifications, extensions or renewals of any of this Indebtedness, whether in whole or in part, and as to all of this Indebtedness arid modifications,· extensions or renewals of it, tJlls Guaranty ·shall cootinue effective until the same shall have been fully paid. The City has no duty to give notice of termination by

, any guarantors to any remaining guarmtors. Guarantor shall indemnify the City against all claims, damages, costs and expenses, including, witbou! llini~ attorney fees, incurred by the City in connection witb any suit, claim or action against tbe City arising out of any modificatioll or termination of a Borrower loan or !ll:lY refusal by tbe City to extend additional credit in connection with the termination of tbis Guaranty. ,

7. REINSTATEMEJ\T: Notwithstanding any prior revocation, termination, surrend~r or discharge of this Guaranty (or of any lien, pledge or security interest securing this Guaranty) in whole or in part, the effectiveness oftbis Guarnnty, and of all liens, pledges and security interests securing this Guaran1y, shall nutomatically continue or be reinstated in tbe event that any payment received or credit given by the City in respect of the Indebtedness is returned, disgorged or rescinded under any applicable state or federal law, including, without limitation, laws pertaining to Bankruptcy or insolvency, in which case this Gllilranty, and all liens, pledges and security interests securing this Guaranty, shall be enforceable against Guarantor as if the returned, disgorged or rescinded payment or credit had not been received or given by the City, and whether or not the City relied upon this payment or credit or 'changed its position as a consequence of it. In the event of continuation or reinstatement of this Guaranty and the liens, pledges and security interests securing it, Guarantor agrees upon demand by the City, to exe,cute and deliver to the City those docllillents which the City determines are appropriate to further evidence (in the public records or otherwise) this continuation or reinstatement, although tbe failure of Guarmtar to do so shall not affect in any v,;ay the reinstatement or continuation. If Guaraa.tor do( es) not exec-Ute and deliver to the City upon demand such documents, the City and ewh City officer is irrevocnb,ly appointed (which appointment is coupled with an interest) the true and lawful attomey of Guarantor (with full power of substitution) to execnte and deliver such documents in the name and on behalf of Guarantor.

8. WAIVERS: Guarantor waives any right to require the City to: (a) proceed against any person or property; (b) give notice of the terms, time and place of any public or private sale of personal property security held from the Borrower or any other person, or otherwise comply with the provisior.s of Section 9-504 of the /\iichigan or other applicable Uniform Commercial Code; or (c) pursue any other remedy in the City's power. Guarantor waives notice of acceptance of this Guaranty and presentment, demand, protest, notice of protest, dishonor, notice of dishonor, notice of default, notice of intent to accelerate or demand paymen! of any Indebtedness, my and all oilier notices to which Gnlll'an!or might otberwise be entitled, and diligence in collecting any Indebtedness, and agrees that the City may, once or any number of times, modify the terms of any Indebtedness, compromise, extend, increase, accelerate, renew or forbear to euforce payment of any or all Indebtedness, or permit the Borrower to incur additionai Indebtedness, all without notice to Guarnntor and without affecting in any ·manner the unconditional obligation of Guarantor under this Guara:tty. Guarantor unconditionally and irrevocably waives each and every defense and setoff of my nature which, under principles of guaran!y or otherwise, would operate to impair or diminish in any way the obligation of Guarantor under th.is Guaranty, and acknowledges that each such waiver is 'by this reference incorporated into each security agreement, collateral assignment, pledge and/or other document from G=antor now or later securing this Guarm1y and/or the Indebtedness, and acknowledges that as of the date of this Guaranty no such defense ar setoff eicists,

3

This Guarnnty ia dated and effective as of the dote stated above.

DET02\20948U llJ'J)JSC

ANESTHESLl BUSINESS CONSULTANTS, L.L.C.

/,' By: '~

EXHIBITD

July 30, 2D15

Bethany M. Smith City Attorney Office of the City Attorney City of Jackson 161 W. Michigan /I.venue Jackson, Ml 49201

RE: MiraMed Properties Promissory Note Property located at 255 W. Michigan Avenue, Jackson, Ml 49201

Dear Ms. Smith:

The loan has throe provisions to meet by Anesthesia Business Consultants, LLC and Mir.a Med Properties, LLC whereby the interest and principal will be forgiven. I am confirming, as the CPA for the companies, that they have met provision 1 regarding investment.

• Provision 1: "Within 15 months of Joan closing, creates an investment of no less than $3,500,000 in ~eal property described in Exhibit A."

Response: Miramed Properties, LLC made a total investment of more thari $6,000,000 in the properly.

The Human Resources department of Anesthesia Business Consultants, LLC verifies the following information on employees.

• Provision 2: "Withiri one year of loan closing retains or causes to be retained 220 jobs having a full time equivalent o~ 8,800 hours per week."

Response: The Joan closing was 10/19/05 so the one year date is 10/18/08. We retained 225 employees.

• Provision 3: "Within five years of Joan closing, creates or causes to be created 50 new permanent fu!i time jobs having a full time equivalent of BOO hours per week."

Response: Upon moving to the building, we have 177 full time employees; adding 50 new positions would make the requirement 227. As of 10/18/10, we had a total of 235 employees. Of those positions, more than 51 % qualified as low to moderate income in accordance with 1he 2004 Department of Housing and Urban Development income guidelines.

Thanks for your assistance and coaperation.

Sincerely,

/7-iJW~ Phil S, Willis, CPA, PFS

CC: Tony Mira

]ACl<SON

2545 Spring Arbor Ro«rl., Suite. 200

Jackson, Ml 49203-3690 Vhone-: (517) 785-8660 I fflX: {5l7) 788-9.172

''!VILLIS & JURASEK, P.C.

E>Mail: wEl:s@i;vi:l!?-1[JC.co1n \'(leb site: wv.:w,wE1lspc,co1n

GRAND RAPIDS

2759 Wel:lt River Drive., N\V Grand Rarids, .\11: 49544

Phone: ({;16) 361-0011 I P;i;.;; (616) 361·0~54

EXHIBIT E

July 30, 2015

Mayor Jason Smith and Council of the City of Jackson, Michigan

161 W. Michigan Avenue 14th Floor Jackson, Ml 49201

RE: Mirall/led Properties, LLC Promissory Note Property located at 255 W. Michigan Avenue, Jackson, Ml 49201

MiraMed Properties, LLC and Anesthesia Business Consultants, LLC began a major expansion and economic development project in downtown Jackson in 2005. The project brought hundreds of jobs and contributed substantially to the property tax base in the City.

The City of Jackson participated with a $100,000 loan to MiraMed Properties, LLC on October 9, 2005. The loan contained a provision whereby the debt would be forgiven if the combined entities completed the Sl.Jbstan!ial investment in property, retained 220 jobs and added 50 new low to moderate income jobs in accordance with HUD guidelines.

The combined entities have met the provisions for investment and employment contained in the loan. MiraMed Properties, LLC hereby requests lhal ihe iaan is forgiven in full and that the related lien filed on the property be removed.

We sincerely thank the staff and Council of the City of Jackson, Michigan for their assistance and cooperation in our successful expansion and development in downtown Jackson. We are proud to he in Jackson!

EXHIBITF

EXHIBIT 1

EXHIBIT A LEGAL DESCRIPTION

Land situated in the County of Jackson, City of Jackson, State of Michigan, described as follows:

PARCEL 1: Beginning at a point on the South line of Main Street (now Michigan Avenue) 45 feet East of the Northwest corner of Lot 8, Block 1 South, Range 1 West, of the original plat of Jacksonburgh, now City of Jackson, according to the recorded plat thereof, as recorded in Uber 4 of Plats, Page 2, Jackson County Records, which said pain! is also 87 feet West of the Northeast corner of Lot 7 in said Block running thence West 21 feet, more or less to the center of a division wall running North and South along the West line of tne parcel being herein described; thence South parallel with the West line of Lots 8 and 9 in said Block, 165 feet, thence East parallel with the South line of Michigan Avenue 21 feet more or less, to a point 45 feet East of the West line of said Lot 9; thence Nortn parallel with the West lines of said Lots 8 and 9 to the place of beginning,


ALSO: The East 1/2 of Lot 9, Block 1 South, Range 1 West, PLAT OF VILLAGE OF JACKSONBURGH, now City of Jackson, according to the recorded plat thereof, as recorded in Uber 4 of Plats, Page 2, Jackson County Records, EXCEPT a strip of land 2 rods wide on the North end of said Lot

ALSO: Commencing at a point on the South li:le of Main Street (now Michigan Avenue) 43 feet West of the Northeast corner of Lot 7, Block 1 South, Range 1 West, PLAT OF VILLAGE OF JACKSONBURGH, now City of Jackson, according to the recorded plat thereof, as recorded in Uber 4 of Plats, Page 2, jackson County Records, thence West on said South line of Main Street 44 feet, thence South parallel with the East line of said Lot 7, 10 rods, thence East parallel with said South line of Main Street 44 feet, thence North parallel to the East line of said Lot 7 to the place of beginning.

ALSO: The East 22 feet of Lot 7 and the East 22 feet of the North 2 rods of Lot 9, Block 1 South, Range 1 West, PLAT OF VILLAGE OF JACKSONBURGH, now City of Jackson, according to the recorded plat thereof, as recorded in Uber 4 of Plats, Page 2, Jackson County Records, EXCEPTING therefrom a parcel of land described as follows: Commencing at a point 22 feet West and 149 feet 3 inches South of the Northeast corner of Lot 7, thence East parallel with the North line of Lot 9, 22 feet lo the East line of Lot 9, thence North along the East lines of Lots 9 and 7, 24 feet, thence West parallel with the North line of Lot 7, 22 feet, thence South 24 feet to the place of beginning. ALSO the West 21 feet of the East 43 feet of the North 2 rods of Lot 9, Block 1 South, Range 1 West, PLAT OF VILLAGE OF JACKSONBURGH, now City of Jackson, according to the recorded plat thereof, as recorded in Uber 4 of Plats, Page 2, Jackson County Records, EXCEPTING therefrom that portion thereof lying North of a line 149 feet 3 inches distance South of North line of Lot 7, Block 1 South, Range 1 West

ALSO: Commencing at a point on the South line of Main Street (now Michigan Avenue), 22 feet West of the Northeast corner of Lot 7, Block 1 South, Range 1 West, PLAT OF VILLAGE OF JACKSONBURGH, now City of Jackson, according to the recorded plat thereof, as recorded in

Uber 4 of Plats Page 2, Jackson County Records, thence West on said line of Main Street 21 feet, thence South parallel with the East line of said Lot 7, 80 feet to private right of way conveyed in Uber 73 o'. Deeds, on Page 192, thence East parallel with the Soutt: line of said Main Street 21 feet, thence North parallel with the Easi line of said Lot 7, 80 feet to the place of beginning. ALSO commencing at a point 43 feet West and 80.00 feet South of the Northeast corner of Lot 7, Block 1 South, Range 1 West, PLAT OF VILLAGE OF JACKSONBURGH, thence South parallel with the East line of Lots 7 and 9, Block 1 South, Range 1 West to a point 149 feet, 3 inches, South of the North line of Lot 7, thence East parallei with the North line of Lot 9, 43 feet to the East line of Lot 9, thence North along the East iines of Lois 9 and 7, 24 feet, thence West parallel with the North line of Lot 7, 22 feet, thence North parallel with the East line of Loi 7, to a point 80 feet frorc the North line of Lot 7, thence West to the place of beginning, PLAT OF VILLAGE OF JACKSON BURGH, now City of Jackson, according to the recorded plat thereof, as recorded in Uber 4 of Plats, page 2, Jackson County Reco:-ds.

PARCEL 2: Land in the City of Jackson, Jackson County, Michigan described as: Commencing at a point on the South line of Michigan Avenue (fonnerly Main Street) at the Northwest comer of Lot 8, Block 1 South, Range 1 West, of the PLAT OF VILLAGE 6 OF JACKSONBURGH (now City of Jackson), Michigan, according io the recorded plat thereof, as recorded in Libs' 4 of Plats, Page 2, Jackson County Reco;ds, thence East on the South line of Michigan Avenue 24 feet more or less to a point which was forme:-ly the center of division wall running North and South along the East line of the herein described premises; thence South parallel to the West line of Lots 8 and 9 in said Block, 165.25 feet, thence West paraliel to the South line of Michigan Avenue 24 feel more or Jess, to the West line of Lots 8 and 9 in said Block (which line is the East line of a public alley running North and South In said Biock) and thence North along the West line of said Lots 8 and 9, 165.25 feet to the place of beginning of this description, being the West 24 feet, more or less of premises described In a certain deed dated and recorded June 23, 1915 in Uber 222 of Deeds, page 438, Jackson County Records.

PARCEL 3: The West 112 of Lot 9, Block 1 South of Range 1 West of the Original Plat of the City of Jackson, Michigan, also Known as PLAT OF VILLAGE OF JACKSONBURGH, according to the recorded plat thereof, as recorded in Uber 4 of Plats, page 2, Jackson County Records, EXCEPT the North 2 rods thereof.

PARCEL4: Lots 7, 8, 9, 10, 11 and ~ 2, Block 2 South, Range 1 West, the Original Plat of the Village of Jacksonburgh, together with all alleys dividing such lots, except the West 132 feet of said parcel and also except the East 68 feet of Lots 7 and 8, according to the recorded plat thereof, as recorded in Uber 4 of Plats, Page 2, Jackson County Records.

PARCEL 5: Commencing on the North line of Wes1 Cortland 33 feet east of the Southwest corner of Lot 3, Block '; South, Range 1 West, thence East along the North line of West Cortland Street about 50 feet, 11 inches to the center of the West wall of Block formerly owned by W. A. Richard; thence, due North along center of said wall to the North line of Lot 4, Block 1 South, Range 1 West; thence West along the North line of said Lot about 50 feet 11 inches to a point 33 feet East of the West line of said Lot 4; thence South to the place of beginning. Orig:nal plat of the City of Jacksonburgh, (now City of Jackson) Jackson County, Michigan, according to the recorded plat thereof, as recorded in Uber 4 of Plats, Page 2, Jackson County Records.

EXHIBIT 2

DISCHARGE OF FUTURE ADVANCE PURCHASE MONEY MORTGAGE

KNOW ALL MEN BY THESE PRESENTS that a certain Future Advance Purchase Money Mortgage executed by MIRAMED PROPERTIES, LLC, a Michigan limited liability company ("Mortgagor"), to CITY OF JACKSON, MICHIGAN ("Mortgagee"), dated October 19, 2005, and recorded October 25, 2005 in Uber 1829, page 96 and Mortgage Subordination Agreement dated October 18, 2005, recorded October 25, 2005 in Uber 1829, page 96, encumbering the following described premises located in the City of Jackson, County of Jackson, Michigan:

See Exhibit A attached

has been fully paid and satisfied, and is hereby discharged and terminated.

IN WITNESS WHEREOF, the undersigned has executed this Discharge of Future Advance Purchase Money Mortgage as of this __ day of , 2015.

Mortgagee

Signature

Print Name

Date

Its

Signed and sworn to before me in ___________ County, Michigan, on

---------' 2015.

Notary's Signature Notary Public, County, Michigan

Notary's Stamp Acting in County, Michigan (NOTARY NAME, COUNTY, ACTING IN My Commission Expires: _____ _ COUNTY AND DATE COMMISSION EXPIRES)

Drafted by and when recorded return to:

Paul A. Thursam, Esq. Giarmarco, Mullins & Horton, P.C. 101 W. Big Beaver Rd., Suite 1000 Troy, Ml 48084 (248) 457-7189

EXHrBIT A LEGAL DESCRIPTION

Land situated in the County of Jackson, City of Jackson, State of Michigan, described as follows:

PARCEL 1: Beginning at a point on the So:.ith line of Main Street (now Michigan Avenue) 45 feet East of the Northwest corner of Lot 8, Block 1 South, Range 1 West, of the original plat of Jacksonburgh, now City of Jackson, according to the recorded plat thereof, as recorded in Uber 4 of Plats, Page 2, Jackson County Records, which said point is also 87 feet West of the Northeast corner of Lot 7 in said Block running thence West 21 feet, more or less to the center of a division wall running North and South along the West line of the parcel being herein described; thence South parallel with the West line of Lots 8 and 9 in said Block, 165 feet, thence East parallel with the South line of Michigan Avenue 21 feet more or less, to a point 45 feet East of the West line of said Lot 9; thence North parallel with the West lines of said Lots 8 and 9 to the place of beginning.


ALSO: The East 112 of Lot 9, Block 1 South, Range 1 West, PLAT OF VILLAGE OF JACKSONBURGH, now City of Jackson, according to the recorded plat thereof, as recorded in Uber 4 of Plats, Page 2, Jackson County Records, EXCEPT a strip of land 2 rods wide on the North end of said Lot

ALSO: Commencing at a point on the South line of Main Street (now Michigan .A.venue) 43 feet West of the Northeast corner of Lot 7, Block 1 South, Range 1 \/Vest, PLAT OF VILLAGE OF JACKSONBURGH, now City of Jackson, according to the recorded plat thereof, as recorded in Uber 4 of Plats, Page 2, Jackson County Records, thence West on said South line of Main Street 44 feet, thence South parallel with the East line of said Lot 7, 10 rods, thence East parallel with said South line of Main Street 44 feet, thence North parallel to the East line of said Lot 7 to the plaoe of beginning.

ALSO: The East 22 feet of Lot 7 and the East 22 feet of the North 2 rods of Lot 9, Block 1 South, Range 1 West, PLAT OF VILLAGE OF JACKSONBURGH, now City of Jackson, according to the recorded plat thereof, as recorded in Liber 4 of Plats, Page 2, Jackson County Records, EXCEPTING therefrom a parcel of land described as follows: Commencing at a point 22 feet West and 149 feet 3 inches South of the Northeast corner of Lot 7, thence East parallel with the North line of Lot 9, 22 feet to the East line of Lot 9, thence North along the East lines of Lots 9 and 7, 24 feet, thence West parallel with the North lins of Lot 7, 22 feet, thence South 24 feet to the place of beginning. ALSO the West 21 feet of the East 43 feet of the North 2 rods of Lot 9, Block 1 South, Range 1 West, PLAT OF VILLAGE OF JACKSONBURGH, now City of Jackson, according to the recorded plat !hereof, as recorded in Uber 4 of Plats, Page 2, Jackson County Records, EXCEPTING therefrom that portion thereof lying North of a line 149 feet 3 inches distance South of North line of Lot 7, Block 1 South, Range 1 West.

ALSO: Commencing at a point on the South !ine of Main Street (now Michigan Avenue), 22 feet West of the Northeast corner of Lot 7, Block 1 South, Range 1 West, PLAT OF VILLAGE OF JACKSONBURGH, now City of Jackson, according to the recorded plat thereof, as recorded in

Uber 4 of Plats Page 2, Jackson County Records, thence West on said line of Main Street 21 feet, thence South parallel with the East line of said Lot 7, 80 feet to private right of way conveyed in Uber 73 of Deeds, on Page 192, thence East parallel with the South line of said Main Street 21 feet, thence North parallel with the East line of said Lot 7, BO feet to the place of beginning. ALSO commencing at a point 43 feet West and 80.00 feet South of the Northeast corner of Lot 7, Block 1 South, Range 1 West, PLAT OF VILLAGE OF JACKSONBURGH, thence South parallel with the East line of Lois 7 and 9, Block 1 South, Range 1 West to a point 149 feet, 3 inches, South of the North line of Loi 7, thence East parallel with the North line of Lot 9, 43 feet to the East line of Lot 9, thence North along the East lines of Lots 9 and 7, 24 feet, thence West parallel with the North line of Lot 7, 22 feet, thence North parallel with the East line of Loi 7, lo a point 80 feel from the North line of Lot 7, thence West to the place of beginning, PLAT OF VILLAGE OF JACKSONBURGH, now City of Jackson, according lo the recorded plat thereof, as recorded in Uber 4 of Plats, page 2, Jackson County Records.

PARCEL 2: Land in the City of Jackson, Jackson County, Michigan described as: Commencing at a point on the South line of Michigan Avenue (formerly Main Street) at the Northwest corner of Lot 8, Block 1 South, Range 1 West, of the PLAT OF VILLAGE 6 OF JACKSONBURGH (now City of Jackson), Michigan, according lo the recorded plat thereof, as recorded in Uber 4 of Plats, Page 2, Jackson County Records, thence East on the South line of Michigan Avenue 24 feet more or less to a point which was formerly the center of division wall running North and South along the East line of the herein described premises; thence South parallel to the West line of Lots 8 and 9 in said Block, 165.25 feel, thence West parallel to the South line of Michigan Avenue 24 feel more or less, lo the West line of Lois 8 and 9 in said Block (which line is the East line of a public alley running North and South in said Block) and thence North along the West line of said Lots 8 and 9, 165.25 feel to the place of beginning of this description, being the West 24 feet, more or less of premises described in a certain deed dated and recorded June 23, 1915 in Uber 222 of Deeds, page 438, Jackson County Records.

PARCEL 3: The West 1/2 of Loi 9, Block 1 South of Range 1 West of the Original Plat of the City of Jackson, Michigan, also known as PLAT OF VILLAGE OF JACKSONBURGH, according to the recorded plat thereof, as recorded in Uber 4 of Plats, page 2, Jackson County Records, EXCEPT the North 2 rods thereof.

PARCEL 4: Lois 7, 8, 9, 10, 11 and 12, Block 2 South, Range 1 West, the Original Plat of the Village of Jacksonburgh, together with all alleys dividing such lots, except the West 132 feel of said parcel and also except the East 68 feel of Lois 7 and B, according lo the recorded plal thereof, as recorded in Uber 4 of Plats, Page 2, Jackson County Records.

PARCEL 5: Commencing on the North line of West Car.land 33 feel east of the Southwest corner of Lot 3, Block 1 South, Range 1 West, thence East along the North line of West Cortland Street about 50 feet, 11 inches lo the center of the West wall of Block formerly owned by W. A. Richard; thence, due North along center of said wail tG the North line of Loi 4, Block 1 South, Range 1 West; thence West along the North line of said Lot about 50 feet 11 inches to a point 33 feet East of the West line of said Lot 4; thence South to the place of beginning. Original plat of the City of Jacksonburgh, (now City of Jackson) Jackson County, Michigan, according to the recorded plat thereof, as recorded in Uber 4 of Plats, Page 2, Jackson County Records.

City Attorney

161 W. Michigan Avenue - Jackson, MI 49201 Telephone: (517) 788-4050; (517) 788-4023 • Facsimile: 866-971-2117

CITY COUNCIL MEETING August I I, 2015


FROM: Bethany M. Smith, City Attorney~ DATE: August4,2015

SUBJECT: 1906 S. Milwaukee Street Addendum to Lease with Jackson Community Ambulance, Inc.

RECOMMENDATION: Approve an Addendum To Lease for 1906 S. Milwaukee Street to Jackson Community Ambulance, Inc., Authorize the Mayor and Clerk to Execute the Addendum to Lease, and Authorize the City Attorney to Make Modifications if Needed.

Attached please find a proposed Addendmn to Lease between the City of Jackson and Jackson Community Ambulance, Inc. ("JCA") for lease of the property located at 1906 S. Milwaukee Street. The property is shown on a map attached as Exhibit B to the original Lease and is marked with an asterisk. JCA wishes to lease the property to expand its parking area and vehicle storage area. Approval of the Lease will help JCA to realize its overall plan to expand its ambulance service in the City. Council approved the Lease at the July 14, 2015 City Council Meeting.

The lease is for a thirty (30) day term. JCA now finds that it needs to lease the property for an additional thi1iy (30) days. As consideration or the lease addendum, JCA will clean and wax the floors, clean the carpeting, and replace broken lights in the building.

The requisite action is for the Council to approve execution of the Addendum to Lease with Jackson Community Ambulance, Inc. for 1906 S. Milwaukee Street, authorize the Mayor and Clerk to execute the Addendum to Lease, and authorize the City Attorney to make modifications if needed.

If Council has any questions, please feel free to contact me.

cc w/att: Patrick Burtch, City Manager

ADDENDUM TO LEASE

FOR 1906 S. :\1IL WAUKJ:\.ESTREET

This Addendum made on the last date appearing below is attached to and is a part of the

Lease between the City of Jackson, as Lessor and Jackson Community Ambulance, Inc., as

Lessee, for property commonly known as 1906 S. Milwaukee Street, Jackson, Michigan, and

provides as follows:

A. Paragraph I of the Lease is revised to state the following:

!. That the City, for and in consideration of the sum of One Dollar ($1.00) per

thirty (30) days, and JCA's payment for the eosts of cleaning and waxing the

floors of tl1e Property, cleaning the carpeting in the Property, and replacing

broken and damaged lights in the Property, does hereby lease to JCA for its

use as a parking lot and storage facility for JCA' s eommunity ambulance

service, real property (whieh contains a building known as Fire Station # 2)

located at 1906 S. Milwaukee Street, Jackson, Michigan, which is legally

described on Exhibit A attached hereto, and depicted and marked with an

asterisk on Exhibit B (hereinafter the "PropeI1y").

B. Paragraph 3 of the Lease is revised to state fue following:

3. That this lease shall be for a tenn of Sixty (60) days from the date of its

execution.

1

C. To the extent of any inconsistency or discrepancy in the language of this Addendum with

the preprinted language of the Agreement, the language of this Addendum shall control.

In the presence of: THE CITY OF JACKSON

By: ____________ _ Jason C. Smith, Mayor

By: ____________ _ Andrew J. Wrozek, Jr., City Clerk/Treasurer

In the presence of: JACKSON COMMUNITY AMBULANCE, INC.

By: _____________ _ Dale J. Berry, CEO

2

ORIGINAL

LEASE

THIS LEASE, made on this __ day of ____ , 2015 by and between the City of

Jackson, a Michigan municipal corporation, with offices located at 161 West Michigan Avenue,

Jackson, Michigan 49201 (hereinafter "the City"), and Jackson Community Ambulance, Inc., a

Michigan non-profit cmporation, with offices located at 1200 State Circle, Ann Arbor, Michigan

48108 (hereinafter "the JCA");

WITNESS ETH:

WHEREAS, THE City owns real property (which contains a building knovm as Fire

Station# 2) located at 1906 S. Milwaukee Street, Jackson, Michigan ("the Property"); and

WHEREAS, the City has determined, for the purpose of economic development efforts

within Jackson, to lease the Property to JCA to assist in JCA's operation of its community

ambulance service; and

WHEREAS, the parties wish to enter into a lease for the Property.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City

and JCA agree as follows:

1. That the City, for and in consideration of the sum of One Dollar ($1.00) per thirty (30)

days, does hereby lease to JCA for its use as a parking lot and storage facility for JCA's

community ambulance service, real property (which contains a building known as Fire

Station # 2) located at 1906 S. Milwaukee Street, Jackson, Michigan, which is legally

described on Exhibit A attached hereto, and depicted and marked with an asterisk on

Exhibit B (hereinafter the "Property").

2. That JCA does hereby lease from the City the above described Property for purposes of a

parking lot and storage of its vehicles for JCA's community ambulance service.

1

-------------------- ---------

3. That this lease shall be for a term of thirty (30) days from the date ofits execution.

4. The Propeny is to be used and occupied by JCA for a parking lot and storage of its

vehicles, but not for any other purpose without the prior written consent of the City.

5. No activity shall be conducted on the Property that does not comply with federal, state or

local laws, ordinances or regulations.

6. That JCA shall be responsible for all maintenance and costs associated with the use of the

Property during the term of this lease.

7. That JCA shall not perform any act or carry out any practices which will inure or destroy

the Property, and shall at all times keep the Property clean and free from rubbish or dirt.

8. That all alterations, additions or improvements of a structural nature shall be pre·

approved by the City, and shall upon termination of this lease, become the property of the

City.

9. If any alterations, additions or improvements are made by JCA, and the lease is

terminated by either party, JCA must remove the alterations, additions or improvements

at JCA's cost upon written request of the City. If any alteration, addition or improvement

is in the process of completion at the time of tetmination by either party, at the City's

option and discretion, JCA must either complete the alteration, addition or improvement

at JCA's cost, or remove the alteration, addition or improvement and restore the subject

property back to original condition at JCA's cost.

I 0. That JCA shall not sublease the Property without the written consent of the City.

11. That during the term of this lease, JCA will pay any and all taxes, special assessments, or

other governmental levies assessed against the Property.

2

12. That during the term of this lease, JCA will pay when due all charges for utilities made

against the leased Property.

13. That if the leased Property is damaged or destroyed in whole or in part during the term of

this lease, JCA shall restore it to good and tenable condition with reasonable dispatch.

14. That JCA shall obtain and keep in full force and effect during the entirety of this lease

insurance against loss by wind, fire or other casualty which may occur during the term of

this lease, said insurance to be in an amount sufficient to completely repair or replace the

leased Property if necessary. JCA shall provide Certificates of Insurance and

Endorsements to the City Attorney for approval prior to the effective date of this lease.

15. That JCA shall obtain and keep in full force and effect during the entirety of this lease a

general liability insurance policy which will also protect the City as an additional insured

in the amount of $1,000,000 for each personal injury claim, $1,000,000 for each prope1ty

damage claim, and $2,000,000 for claims in the aggregate. Certificates and

Endorsements naming the City of Jackson as an additional insured under JCA 's liability

policy evidencing insurance required by this lease and the Certificates and Endorsements

shall be presented to the City Attorney for approval prior to the effective date of this

lease, said certificates to expressly provide that in the event such insurance is cancelled,

the City shall be notified at least ten (10) days prior to the effective date of such

cancellation.

16. That the City shall have access to the Prope1ty at any time during normal business hours

to ensure compliance with the terms of this lease.

17. All Lessee's personal property, including trade fixtures, on the Property shall be kept at

Lessee's sole risk. Lessor shall not be responsible or liable to Lessee for any loss of

3

business or other loss or damage that may be occasioned by or through the acts or

omissions of persons occupying adjoining Property or any part of the Property adjacent to

or connected with the leased Property or any part of the Building of which the leased

Property are a part or for any loss or damage resulting to Lessee or its business or

property from water, gas, sewer, or steam pipes that burst, overflow, stop, or leak; from

heating, cooling, or plumbing fixtures; or from electric wires or gas odors within the

leases Property from any cause, except as may result from and be directly caused by the

gross negligence or reckless ness of Lessor. The provisions of this section shall not be

interpreted to prevent Lessee from recovering any losses under the coverage provided by

Lessor's fire and extended coverage insurance policy, if any losses of Lessee are covered

by that policy.

18. If the Property is partially damaged or destroyed through no fault of Lessee, Lessor shall,

at its own expense, promptly repair and restore the Propeity. Rent shall abate in whole or

in part during the period of restoration according to the amount of destruction if the

destruction was not caused by Lessee. If the Property is totally destroyed through no

fault of Lessee or if the Property cannot be repaired and restored by the expiration of this

lease, either party shall have the right to terminate this Lease, effective as of the date of

the event, by giving the other party written notice of te11nination within l 0 calendar days

after the occurrence of the event. If the notice is given within that time period, this Lease

shall terminate, and rent shall be adjusted between the paiiies to the date of the

occurrence of the event. If the notice is not given within the required period, this Lease

shall continue and Lessor shall repair the Property.

4

19. Lessor and Lessee, and all panies claiming under them, mutually release and discharge

each other from all claims and liabilities arising from or caused by any hazards covered

by insurance on the leased Property or covered by insurance in connection with property

on or activities conducted on the Property regardless of the cause of the damage or loss.

Lessor and Lessee shall each cause appropriate clauses to be included in their respective

insurance policies covering the Property waiving subrogation against the other party

consistent with the mutual release in this paragraph.

20. If the Property or any part of them are taken for any public or quasi-public purpose

pursuant to any power of eminent domain, or by private sale in lieu of eminent domain,

this lease shall tenninate at the option of either Lessor or Lessee, effective as of the date

the publie authority takes possession. All damages for the condemnation of the Property

or Building that is awarded for the taking shall be payable to and be the sole property of

Lessor.

21. Lessee agrees to indemnify and defend Lessor against and hold Lessor harm less from any

liability, loss, damage, cost, or expense (ineluding attorney fees) based on any claim,

demand, suit, or action by any person or entity with respect to any personal injury

(ineluding death) or property damages, from any cause regarding Lessee's use of the

Property, except for liability resulting from the intentional acts or gross negligence of

Lessor or its employees, agents, invitees, or business visitors and except for liability

resulting from the acts or negligence of persons occupying adjoining property.

22. If Lessee neglects or fails to perform its obligation to pay rent when due; if Lessee

neglects or fails to perform any other covenants in this Lease to be observed and

performed on its pa1t for 10 days after written notice by Lessor of the default; if Lessee

5

makes any assignment for the benefit of creditors or a receiver is appointed for Lessee or

its propetty; or if any proceedings are instituted by or against Lessee in bankruptcy

(including reorganization) or under any insolvency laws, Lessor may reenter the Property

and seek to relet the Property on any terms that Lessor, in its sole discretion, deems

advisable. In the alternative, Lessor may terminate the Lease and seek to relet the

Property on any terms that Lessor, in its sole discretion, deems advisable.

Notwithstanding any termination of the Lease by Lessor or reentry by Lessor without a

termination, Lessee shall continue to be liable to Lessor for rent owed under this Lease,

any rent deficiency that results from a reletting of the Property during the term of this

Lease, and the cost of reletting the Property.

23. Notwithstanding any reletting without termination, Lessor may at any time elect to

terminate this Lease for any default by Lessee by giving written notice of the termination

to Lessee.

24. In addition to Lessor's other rights and remedies as set forth in this Lease and without

waiving any of those rights, if Lessor deems any repairs necessary that Lessee is required

to make or if Lessee is in default in the performance of any of its obligations under this

Lease, Lessor may, on failure of Lessee to meet the obligation, make or cause repairs to

be made and defaults to be cured and shall not be responsible to Lessee for any loss or

damage that occurs by reason of that action, and Lessee agrees that it will immediately on

demand pay Lessor's reasonable costs for curing as additional rent under this Lease.

25. This Agreement contains the entire agreement of the parties regarding its subject matter,

and this Agreement may not be amended or modified except by a written instrument

executed by the parties to this Lease unless by a Development Agreement.

6

26. The failure of Lessor to enforce any covenant or condition of this Lease shall not be

deemed a waiver of its right to enforce each and every covenant and condition of this

Lease. "l"o provision of this Lease shall be deemed to have been waived unless the

waiver is in writing.

27. Any fees, costs, or expenses incurred by a prevailing party enforcing the other party's

obligations under this Lease, including reasonable attorney fees, shall be due and payable

immediately under the Lease.

28. That notice for any purpose related to this agreement shall be given by first class letter

mailed to the City and the Alliance as follows:

To the City:

To the Alliance:

City of Jackson 161 West Michigan Avenue Jackson, Michigan 49201 Attn: City Manager

Jackson Community Am bu lance, Inc. 1200 State Circle Ann Arbor, Michigan 48108 Attn: Dale J. Berry, CEO

29. That no amendments, modifications or alterations of this document shall be binding

unless the same shall be in v.'l'iting and dated subsequent to the date hereof and executed

by the parties hereto.

30. This lease may be tenninated by either party hereto at any time without cause upon tten

(10) days written notice to the other at their addresses as provided above.

3 I. That JCA in its operation hereunder will not discriminate against any person, firm or

corporation based upon race, color, national origin, sex, marital status or physical

disability.

7

32. That upon performance of all the above covenants, JCA shall have, hold and enjoy the

Property for the terms of this document.

In the presence of: THE CITY OF JACKSON

By: ____________ _

Jason C. Smith, Mayor

By: ____________ _

Andrew J. Wrozek, Jr., City Clerk/Treasurer

In the presence of: JACKSON COMMUNITY Al\.1BULANCE, INC.

By: ________ _

Dale J. Berry, CEO

8

Exhibit A

Legal Description

LOTS 1 & 2 BLK 4JACKSON LAND & IMPROVEMENT CO'S SUB DIV OF BLKS 2 & 7 & PART OF BLKS 1, 3, 4,

5, 6, 11 & 12 FRANCIS ST ADD

m ..... ·-.a ·-.c >< w

Police Department

216 E. Washington Avenue - Jackson, MI 49201 Telephone: (517) 788-4100-Facsimile: (517) 788-4129



FROM: Matthew R. Heins, Director of Police and Fire Services "l\p~~ Patrick H. Burtch, City Manager \ '\ ~

SUBJECT: Consideration of a.request to approve the purchase of three (3) 2016 Utility vehicles for the Police Department

RECOMMENDATIONS:

A. To purchase three 2016 Ford Police Interceptor utility vehicles through the State of Michigan MiDeal Contract in the amount of $78,975.

The Police Department is requesting authorization from the City Council to purchase three 2016 Ford Police Interceptor Utility vehicles from Gomo Ford of Woodhaven, Michigan. The purchase price, which includes factory installed prisoner and rear cages, is $26,325 per vehicle. The Ford Interceptor is a pursuit rated all-wheel drive vehicle which will serve the Department and public well as it has the ability to respond to emergency calls should adverse weather conditions arise.

The funds to purchase of these vehicles are in the Police Department' s 2015/2016 fiscal year budget. The Police Department is now requesting the City Council approve these purchases.

EDDIE WILLIAMS MICHIGAN CONTRACT HOLDER GOVERl~MENT SALES GOR_NOFORD \VOODHAVEN, :MI

0g ~ ..._()_zag~PH. 734-671-4893, ~ CELL 313-319-3431, .J/rl FAX 734-671-4375

.... "-·--···

~-e-mail eddiewiiliams@~gornoford.co1n or eddie\;\[email protected]

CHAD EDWARDS email [email protected] POLICE DEPT CITY OF JACKSON PH CELL FAX

2015/2016 FORD INTERCEPTOR 3.7L V6, 6 SPD AUTO TRANS, POWER WINDOWS, DOOR LOCKS, MIRRORS, & POVv7.ER DRIVER'S SEAT, SPEED CONTROL, Arv1/FM CD 8TEREO, TIRE PRESSURE MONTITORING SYSTEM, ROLL ST ABILITY SYSTEM, CRASH TESTED TO 75 }I.PH, VIN'/T, FLOORING

BASE SEDAN FWD

BASE SEDAN A \VD

BASE SUVAWD

OPTIONS ECO BOOST (SEDAN) ECO BOOST (UTILITY) DRIVER SIDE SPOT DUAL SPOTS DRIVER'S SIDE, LED DUAL SPOTS, LED FLEET KEY KEYLESS ENTRY HEATED EXT MIRRORS GRILLE HARNESS \VIRE HARNESS CONNECTOR PKG(FRT) FRONT SKID PLATE l 00 WA TT SIREN/SPEAKER(lNST AILED)

$22,095.00

$23, 195.00

$25, 135.00

3,195.00 3,375.00

220.00 370.00 465.00 660.00

50.00 295.00

60.00 50.00

125.00 350.00 280.00

-- ·---·····-- -···-··· · ... ·--·-·- --- - -·· ...... - --·-··· . . . .

REAR FLOOR PLATE 35.00 COURTESY LIGHTS IN-OP 25.00 REAR DOOR HANDLES IN-OP 35.00 REAR WINDOWS IN-OP 35.00 REVERSE SENSING 275.00 REVERSE CAMERA 250.00 (STD FOR 2016) 2 TONE ON DOORS (BLACK & WHITE) 495.00 2 TONE ON DOORS & ROOF (BLK & WHITE) 840.00 RECONFIGURE STEERING VlHEEL SWITCHES 155.00 NOISE SUPPRESION (NOT NEEDED) 100.00 FORD REAR LIGHTING PKG 470.00 REAR CARGO LIGHT FOR UTILITY 50.00 PREP FRONT HEADLIGHT FOR LED/STROBES 125.00 PREP REAE TAILLIGHTS FOR LED/STROBES 60.00 GORNO LEDS FOR HEADLIGHT PREP PKG 350.00 FRONT HEADLIGHT LED/STROBE STYLE LIGHTING 915.00 (2015) SETINA PB 450 PUSH BUMPER W/SIDE AND FRONT LED LIGHTS 750.00 SYl-.JC 395.00 RETAIL/CHIEF'S PKG. INCLUDES 599.00

CARPET W/FLOOR MATS CLOTH TR.IM, FRT & REAR FACTORY STYLE CONSOLE W/COLUMN SHIFT \\'HEEL COVERS INTERCEPTOR BADGES-DELETED

DRNER'S SIDE BALLIST DOOR PANEL 1,685.00 DRIYER/P AS SANGER BALLIST DOOR PANELS 3 ,4 70.00 REMOTE START SYSTEM 350.00 HA VIS IDLE RIGHT 2 CONTROL SYSTEM, STARTING @ 595.00 FORD READY FOR THE ROAD PKG 4,795.00 CODE 3 TORAS ALL LED LIGHT BAR 1,395.00 SETINA PRISONER CAGE 899.00 SETINA REAR CAGE(SUV) 495.00 EQUIPMENT CONSOLE, STARTING FROM 495.00

GORNO FORD BASIC LIGHITNG PKG, INCLUDES 3,995.00 CODE 3 42" ALL LED TORAS ;LIGHT BAR W/ALLEY & TAKEDO\VN LIGHTS, CODE 3 100 WATT SIREN SPEAKER, CODE 3 RLS FLAT PANEL LIGHTING, SIREN, PA,.MIC, ARROW STICK CONTROLLER, TAILIG.HT FLASHER,~

WIHEADLIGHT PREP \VE ADD THE LED INSERTS.

GORNO FORD'S READY FOR THE ROAD PKG, INCLUDES 5,995.00 CODE 3 TO RAS ALL LED LIGHT BAR, CODE 3 100 WATT SIREN SPEAKER~

CODE 3 RLS FLAT PANEL SIREN, P.A., LIGHTING, ARROW STICK, MIC, CONTROLLER, COD 3 LED I-:1EADLIGHT INSERTS

, SOUND OFF TAILLIGHT FLASHER, CODE 3 MR6 LED GHOST LIGHTS. IN REAR WINDOW LIGHT, SETINA XL PRISONER CAGE, BASE CONSOLE, W/ARMREST,

ABOVE SYSTEMS AVAILABLE AS A SLICK TOP

OPTIONS FOR GORNO READY FOR THE RO.AD REAR PSIONER CAGE FOR UTILITY 595.00 SETINA DOUBLE WEAPONS MOUNT 595.oo·

TRUNK TRAY (SEDAN) 240.00

FORD ESP PREMIDM CARE

5YR/60,000 MILE, $50.00 DEDUCT PER VISIT $1,050.00

6 YR/75,000 MILE, $50.00 DEDUCT PER VISIT $1,445.00

7 YR/,75,000 MILE, $50.00 DEDUCT PERVISlT $1,755.00

THIS IS JUST A SAMPLE

ANY QUESTIONS, CALL ME. WE HA VE DEMOS AND OTHER VEHICLES

AVAILABLE AT DISCOUNTED SPECIAL PRlCES

HOME OF THE MUSTANG POLICE CAR & F150 ECO-BOOST 4x4 CREW CAB SSV.

SINCERELY

EDDIE WILLIAMS GOVERNMENT SALES CELL 313-319-3431


161 W. Michigan Avenue Jackson, MI 49201-1303 Facsimile (517) 780-4781






August 11, 2015

TO: Honorable Mayor Smith and City Councilmembers

FROM: Patrick Burtch, City Manager

SUBJECT: Authorization to Acquire Nine (9) Vacant Lots from the Jackson County Land

Bank Authority for $2,700

RECOMMENDATION:

Authorize the City Manager to acquire nine (9) vacant lots from the Jackson County Land

Bank Authority for $2,700.

On July 23, 2015, the Jackson County Land Bank Authority (JCLBA) provided a list of 41 vacant

lots it owns within the City of Jackson and offered to sell any lot the City may be interested in

purchasing at $300 each. Staff reviewed the list of vacant lots and their proximation to other City-

owned parcels and properties acquired under the Help for Hardest Hit (H4HH) program located in

pre-determined strategic areas of potential redevelopment.

Seventeen parcels were determined to be of interest, but not at a cost of $300 each (total $5,100).

However, it was concluded nine (9) other parcels were of sufficient benefit to the City’s Overall

Economic Stabilization program as to recommend the expenditure of $2,700 to acquire. Those

properties are (maps included as attachments):

Ward 1

PIN Address Description

4-090500000

1017 Williams St

Located about 1/3 of the block north of Rockwell

Street, the City currently owns four other vacant lots

surrounding this parcel.

4-181600000

and

4-181700000

Woodsum St

The City currently owns the corner parcel at Woodsum

and South Streets, which is at the north terminus of

Ella Sharp Park. These two lots are located north of the

City-owned parcel.

Ward 2


7-024500000 610 Homewild Ave Located in the West of Allegiance target area.

7-044000000 208 N VanDorn St Located in the West of Allegiance target area. Large

parcel in middle of block between Pearl and Detroit

Streets; surrounded by City-owned and H4HH

properties.

7-044100000 611 Detroit St

Located in the West of Allegiance target area. Western

contiguous parcel to those described above under 208

N VanDorn St.

Ward 3


8-259800000 1422 Cooper St Located on the Cooper St corridor.

Ward 5


4-011400000 126 W Mason St Located across Mason St from Partnership Park and

adjoining two City-owned parcels on the north and

east.

4-076600000 126 W Wilkins St Situated at the corner of Wilkins and Williams St;

supports the eventual closure of the northernmost block

of Williams St.

City-Owned H4HH Subject parcel(s)

1017 Williams St


Woodsum St (2 parcels)


610 Homewild Ave


208 N VanDorn St and 611 Detroit St


1422 Cooper St


126 W Mason St and 126 W Wilkins St

City Council

161 W. Michigan Avenue - Jackson, MI 49201-1303

Telephone: (517) 788-4028 — Facsimile: (517) 768-5820


MEMO TO: Honorable Mayor and City Councilmembers FROM: Derek Dobies, City of Jackson Vice Mayor SUBJECT: Amendment of Revocable License RECOMMENDATION: Move approval to authorize City Engineer to assess revocable

license with the Jackson Northwest Kiwanis Club and recommend changes in order to remove some of the aged trees and help in completing the intent of the project.

I have been in contact with organizer of the Jackson Northwest Kiwanis Flowering Tree Project at Sparks County Park. Their intent is to help in beautifying Sparks County Park (Cascades) with an abundance of flowering trees that would be a significant tourist attraction in the spring, and possibly in the fall, of all future generations to come. They have made steady progress in their plan and have raised the funds necessary to remove some of the aged trees along Randolph Street and replace them with flowering pear trees. There are a few remaining trees that they would like to remove and replace with flowering pears for the sake of uniformity. I have reviewed these spruce trees and would agree that they are at the end of their life and, for consistence of the project, it would be appropriate to amend the revocable license to pursue this activity. I view the Kiwanis Flowering Tree Project as a great example of collaboration between the city and service clubs in our attempt to beautify and market the city in a manner that reduces the city’s financial obligations (Kiwanis is paying for long term maintenance of the trees). I hope that City Council agrees and can direct the City Engineer’s office to make the necessary modifications to the revocable license. If Council has any questions, please feel free to contact me. You can learn more about the Kiwanis Flowering Tree Project at http://www.kiwanisfloweringtrees.com cc: Patrick Burtch, City Manager


161 W. Michigan Avenue Jackson, MI 49201-1303 Facsimile (517) 780-4781






August 11, 2015

TO: Honorable Mayor Smith and City Councilmembers


SUBJECT: Award Three (3) Demolition Contracts in the Total Amount of $525,533 under

the Help for Hardest Hit Blight Program

RECOMMENDATION:

Award three (3) demolition contracts under the Help for Hardest Hit Blight Program as

follows:

Smalley Construction $20,290

Dunigan Brothers $378,950

Salenbien Trucking & Excavating $126,293

and authorize the City Manager to approve any and all change orders required to complete

the demolitions.

On August 10, 2015, sealed bids to demolish 31 properties meeting the criteria of the Help for

Hardest Hit (H4HH) Blight program were opened and processed. When bidding for demolition

contracts, contractors are required to submit pricing for the entire package and for unit prices (cost to

demolish an individual structure); contractors also have the option to submit an alternate, discounted

bid if awarded the entire package. Each bid package was carefully scrutinized separately to

determine the most advantageous pricing for the City.

Three contractors submitted sealed bids. Results and recommendations for award are as follows:

Bid Type Contractor Total Amount Savings to City

Overall Low Bid Dunigan Brothers $533,400.80

Individual Pricing Various* $525,533.00 $7,867.80 or 1.5%

Low Alternate Bid Salenbien Trucking $588,000.00

Individual pricing resulted in the recommendation of three contracts:

Contractor

Number of

Properties Awarded

Amount of

Contract

Smalley Construction 1 $20,290.00

Dunigan Brothers 24 $378,950.00

Salenbien Trucking 6 $126,293

Attached to this memorandum is a complete list of properties with corresponding demolition costs as

shown on the Bid Tabulation created by the Purchasing Department, and the low bid cost analysis

conducted by staff in the Department of Neighborhood & Economic Operations.

cc: Shelly Allard, Purchasing Coordinator

Brian Taylor, Chief Building Official

Sheila Prater, Records Management Coordinator

Michelle L. Pultz-Orthaus, Records Management Coordinator

BID TABULATION FOR

HELP FOR HARDEST HIT

BLIGHT ELIMINATION PROGRAM - PACKAGE E

THURSDAY, AUGUST 10, 2015 9:00 AM

Smalley Construction Dunigan Brothers

Salenbien Trucking

& Excavating, Inc.

131 S. Main St. 911 E. South St. 9217 Ann Arbor Rd.

Scottville, MI 49454 Jackson, MI 49203 Dundee, MI 48131

Item

No. Address Bid Amount Bid Amount Bid Amount

1 1036 Chittock Ave. 25,380.00 20,706.00 21,800.00

2 1014 Cypress Dr. 23,000.00 13,832.00 16,800.00

3 1016 Cypress Dr. 15,970.00 10,281.60 10,750.00

4 239 Damon St. 28,345.00 19,315.40 21,117.00

5 104 N. Dwight St. 15,640.00 11,932.80 15,300.00

6 210 S. Dwight St. 18,220.00 13,156.00 18,100.00

7 727 N. East Ave. 20,830.00 14,422.80 17,300.00

8 823 Everhard St. 27,930.00 17,760.00 26,240.00

9 1039 Francis St. 24,370.00 18,640.00 17,900.00

10 407 Griswold St. 16,570.00 13,542.40 17,750.00

11 313 W. High St. 23,950.00 14,763.00 15,500.00

12 709 S. Jackson St. 16,630.00 15,229.50 18,800.00

13 1114 S. Jackson St. 33,328.00 23,781.60 23,500.00

14 1224 Loeser Ave. 15,980.00 10,873.00 14,800.00

15 315 W. North St. 24,200.00 19,548.80 19,000.00

16 1018 Martin St. 21,030.00 15,420.00 17,350.00

17 318 W. Mason St. 20,290.00 20,313.60 22,000.00

18 818 S. Mechanic St. 30,180.00 29,902.60 29,143.00

19 1227 Merriman St. 39,320.00 29,152.00 34,000.00

20 1108 S. Milwaukee St. 16,820.00 15,099.50 17,500.00

21 308 Mitchell St. 19,580.00 15,345.40 16,350.00

22 612 Oak St. 17,960.00 13,965.60 15,300.00

23 210 Orange St. 24,760.00 28,512.00 24,500.00

24 1417 Pringle Ave. 20,180.00 12,925.00 13,300.00

25 1309 Rhodes St. 16,790.00 10,164.00 11,300.00

26 127 Ridgeway St. 26,620.00 19,555.20 22,800.00

27 153 Stanley Ave. 23,540.00 18,984.00 20,800.00

28 113 Stanley St. 21,750.00 14,628.00 16,350.00

29 328 W. Wesley St. 29,630.00 20,387.20 20,400.00

30 314 S. West Ave. 19,000.00 17,509.60 20,000.00

31 141 W. Wilkins St. 15,550.00 13,752.20 12,250.00

Total Bid 693,343.00 533,400.80 588,000.00

0.00 0.00 575,000.00

Discount if awarded all 31

properties

H4HH Demolition Bid Package 08/10/15 Bid Opening

PIN Address Ward Smalley Dunigan Salenbien Low Unit Price4-081200000 1036 Chittock Ave 1 $ 25,380.00 20,706.00$ 21,800.00$ 20,706.00$

5-078400000 1014 Cypress Dr 1 $ 23,000.00 13,832.00$ 16,800.00$ 13,832.00$

5-078500000 1016 Cypress Dr 1 $ 15,970.00 10,281.60$ 10,750.00$ 10,281.60$

5-139800000 239 Damon St 1 $ 28,345.00 19,315.40$ 21,117.00$ 19,315.40$

7-1243.1000 104 N Dwight St 2 $ 15,640.00 11,932.80$ 15,300.00$ 11,932.80$

6-089600000 210 S Dwight St 2 $ 18,220.00 13,156.00$ 18,100.00$ 13,156.00$

8-157500000 727 N East Ave 3 $ 20,830.00 14,422.80$ 17,300.00$ 14,422.80$

5-047900000 823 Everhard St 5 $ 27,930.00 17,760.00$ 26,240.00$ 17,760.00$

5-105300000 1039 Francis St 1 $ 24,370.00 18,640.00$ 17,900.00$ 17,900.00$

3-239200000 407 Griswold St 6 $ 16,570.00 13,542.40$ 17,750.00$ 13,542.40$

4-133800000 313 W High St 1 $ 23,950.00 14,763.00$ 15,500.00$ 14,763.00$

4-074100000 709 S Jackson St 5 $ 16,630.00 15,229.50$ 18,800.00$ 15,229.50$

4-112900000 1114 S Jackson St 1 $ 33,328.00 23,781.60$ 23,500.00$ 23,500.00$

3-188200000 1224 Loeser Ave 6 $ 15,980.00 10,873.00$ 14,800.00$ 10,873.00$

1-042300000 315 W North St 5 $ 24,200.00 19,548.80$ 19,000.00$ 19,000.00$

5-102400000 1018 Martin St 1 $ 21,030.00 15,420.00$ 17,350.00$ 15,420.00$

4-033600000 318 W Mason St 5 $ 20,290.00 20,313.60$ 22,000.00$ 20,290.00$

4-060200000 818 S Mechanic St 5 $ 30,180.00 29,902.60$ 29,143.00$ 29,143.00$

5-117500000 1227 Merriman St 1 $ 39,320.00 29,152.00$ 34,000.00$ 29,152.00$

5-098600000 1108 S Milwaukee St 1 $ 16,820.00 15,099.50$ 17,500.00$ 15,099.50$

5-038800000 308 Mitchell St 1 $ 19,580.00 15,345.40$ 16,350.00$ 15,345.40$

7-008900000 612 Oak St 5 $ 17,960.00 13,965.60$ 15,300.00$ 13,965.60$

7-104800000 210 Orange St 2 $ 24,760.00 28,512.00$ 24,500.00$ 24,500.00$

6-062900000 1417 Pringle Ave 2 $ 20,180.00 12,925.00$ 13,300.00$ 12,925.00$

8-064200000 1309 Rhodes St 2 $ 16,790.00 10,164.00$ 11,300.00$ 10,164.00$

5-111100000 127 Ridgeway St 1 $ 26,620.00 19,555.20$ 22,800.00$ 19,555.20$

5-125200000 153 Stanley Ave 1 $ 23,540.00 18,984.00$ 20,800.00$ 18,984.00$

5-124000000 113 Stanley St 1 $ 21,750.00 14,628.00$ 16,350.00$ 14,628.00$

4-037500000 328 W Wesley St 5 $ 29,630.00 20,387.20$ 20,400.00$ 20,387.20$

3-080700000 314 S West Ave 4 $ 19,000.00 17,509.60$ 20,000.00$ 17,509.60$

4-074500000 141 W Wilkins St 5 $ 15,550.00 13,752.20$ 12,250.00$ 12,250.00$

Total: 693,343.00$ 533,400.80$ 588,000.00$ 525,533.00$

Low Alternate Bid: -$ -$ 575,000.00$

Smalley Construction 20,290.00$

Dunigan Brothers 378,950.00$

Salenbien Trucking 126,293.00$

525,533.00$

Individual Unit Price Low

of 1

Neighborhood & Economic Operations Building a Stronger Community


Phone (517) 788-4060 • Facsimile (517) 780-4781

CITY COUNCIL MEETING AUGUST 11, 2015

MEMO TO: Honorable Mayor and City Council Members

FROM: City of Jackson Planning Commission Chris Atkin, Planning Director


SUBJECT: Consideration of an Ordinance Amending Chapter 28, Section 28-32, City Code, to Rezone Parcel ID #6-1749.2 from R-1 to I-2.

RECOMMENDATION: Open a Public Hearing on the Request Rezone Parcel #6-1749.2 from R-1

to I-2.

• Approve Ordinance Amending Chapter 28, Section 28-32, City Code, to Rezone Parcel #6-1749.2 from R-1 to I-2. (City Planning Commission Recommends Approval)

The City Planning Commission considered a request to rezone Parcel #6-1749.2 located at 1310 Losey St. from R-1 (One-Family Residential) to I-2 (General Industrial). A Public Hearing held during the Wednesday, August 05, 2015 Planning Commission Meeting. The Planning Commission recommended Approval of the applicant’s request to rezone the property as follows:

Commissioner Griffin motioned to follow staff’s recommendation, Commissioner Stark seconded, to recommend City Council APPROVE the applicant’s request to rezone Parcel #6-1749.2 from R-1 to I-2.

Yeas- 6(Stark, Mauldin, Kubish, Polaczyk, Griffin and Troxel); Nays- 0; Abstain- 0; Absent- 3(Dobies, Burtch and Smith)

1. App!ica ticn

Application for District Change (Rezoning) Before the City P/ann;ng Commission

City of Jackson, Michigan

PDCJS~{lo.5 Date Filed . 1 ') /)f! ltllf:d oul ~J· N&/;C Slaff

0EcE•vEr~ n JUN 2 9 2015 u BY; _ ___ _

2. -:1A-GflS01._J fa t0_0l~ F(Jv1.Yl__j__p_t5J:l.15-~ __b:__. lo.sts1:j___ NIJITl9(s)

!RO( /L11-kJfcLL- (.t_ - - _J}~CliKJI_ 01v-lum AL C. C0i'( Slrnel Address . ./J Email J ~A) , /v1 / 4ct.io_j ( 5;·7 . ) {'f,. 7 -O 31g or;.~:s Occupants Buyers

City Stale Zip Phone Num/.Jar Status of the llppffcimt• (C;rcl8 One)

of the property located at: / 3y LJo.S.f:.'2[ J-/-) Jfi- ·fLS_fd:::J. _ 1/c/zt,)~-strllet Address 1ir' Code

property identification #: ~ ·- ;r; L/ q, 2-oo_' o_·- - --- -----

1 (we) respectfully request a determination be made by the City Planning Commission on the following change of zoning as provided in §28-183 of the Zoning Ordinance:

3. Current zoning: G R-2 R--l R-4 R-5 R-6 C-1 c.2 C-3 C-4 1.1 r-2 PUDD

Circ/a Oo& ~

Proposed zoning: R-1 R-2 R-3 R-4 R-5 R-6 C-1 C-2 C·3 C-4 1-1(1:) Clro!e One '- .-

The proposed use is: ~.il£«~ - ~}/z.,(.1 =-0fJ~l'\A-

5. I certify that the information provided above is correct to the best of my belief and knowledge . /}

j)trJJ;s..r;-· L. Los0<-t rrer;.s. _ JO,, . Name,_11. r; ·r~J / /~v1U , . . _ _ l{).l.,<,,. ,,,. •

Slgllelt11

Nllme & Tille

Signslure

3 ,_ PO Fee: .$ _,,,,........ ...... ' __ Recei~t# · -------

6. City Clerk. Use Only; Date~ I I

If /he spplicanl is not /he owrmr of the propalty, a letter of consent rrom !he pmpertir ownsr mus/ accompany //li$ app/icetfo11.

of 4

Overview and Applicable Zoning Criteria

Neighborhood & Economic Operations Building a Stronger Community


Phone (517) 788-4060 • Facsimile (517) 780-4781

PLANNING COMMISSION MEETING August 05, 2015

TO: City of Jackson Planning Commission FROM: Chris Atkin, Planning Director SUBJECT: Staff Report for 1310 Losey St., Jackson, MI 49203 Rezoning request from R-1 (one-family

residential) to I-2 (general industrial).

MOTION 1: Receive the Staff Report HEARING: Conduct a Public Hearing on the Request for rezoning MOTION 2: Consideration of a request to rezone the parcel located at 1310 Losey St. as provided for in Sec.

28-183 of the City’s Zoning Ordinance

Applicant: Jackson Tumble Finish/Denise Losey Location: 1310 Losey St.; Parcel ID# 6-1749.2 Received Date: June 29, 2015 Latest Revisions: N/A Zoning: R-1, One-Family Residential District Applicant Request: The applicant is requesting the parcel located at 1310 Losey St. (Parcel ID# 6-1749.2), a

vacant lot, to be rezoned from R-1 (one-family residential) to I-2 (general industrial).

Recommendation: Approval of request District Changes Sec. 28-183(1). Procedure for change

By application. Any person, firm or corporation desiring a change in the zoning classification of property shall file with planning staff an application for zoning change. When the application for zoning change appears to be in accordance with public necessity, convenience, safety and the general welfare of the city, planning staff shall refer such application to the city planning commission

Planning Commission Staff Report

Page 2 of 4

Maps & Aerial Photos

Subject Area Zoning Map Subject Area Future Land Use Map


Page 3 of 4

The property is located on a local city street that is serviced primarily by Elm Ave, a collector road. According to the City of Jackson Assessing system, the 12,500 square foot vacant parcel was purchased by the applicant in January 2015; the applicant also the majority of the land surrounding the subject parcel and is site of Jackson Tumble Finish.

The City’s ordinance describes the I-2 district as a “suitable space for industrial operations of all types and adult entertainment enterprises that can comply with all provisions of this chapter and can assure protection of the public interest and surrounding property and persons. The City of Jackson, in adopting this section, recognizes, the secondary blighting effects caused by concentration of adult entertainment uses proven in other areas of the state and nation. Any use allowed as a permitted or conditional use in the I-1 district, except those expressly listed in the C-4 district, shall be considered a valid permitted or conditional use in this district.” (Sec. 28-47) Whereas the City’s ordinance describes the R-1 district “is established for low to medium density single-family residential neighborhoods. The regulations are intended to stabilize, protect and encourage the residential character of the district and prohibit all activities of a commercial nature. Development is limited to single unit dwellings and home occupations as well as certain conditional uses that are compatible and convenient to the residents in the district.” (Sec. 28-36) The current future land use map shows this parcel to remain zoned as residential, as it shows for all other residentially zoned parcels within the block. At the time the future land use map was developed, the subject property was owned by the adjacent residential home owner; consequently, there was no merit to changing the zoning designation. Conclusion: The property is located within a block where the majority of the properties, including abutting properties, are zoned industrial and used for industrial purposes. Rezoning this property may be a conflict with the current future land use map but it would not be considered a spot zone.

The subject parcel is zoned R-1, one-family residential district, while the surrounding parcels are zoned as follows:

North: R-1, One-family residential South: I-2, General Industrial East: R-1, One-family residential West: I-2, General Industrial

The existing land uses within the area are one-family residential and general industrial.

North: Residential South: Industrial East: Industrial West: Residential

Per the City of Jackson zoning ordinance, the vacant parcel meets the requirements and may be developed with either zoning designation. Aforementioned, the applicant took control of the property in January 2015 with the intention of expanding the primary structure. Plans for the expansion are in the preliminary stages.

Development Potential

Neighboring Zoning and Land Use

Ordinance & Future Land Use

Site Description


Page 4 of 4

Potential site access may be from Losey St. via new ingress/egress or from an existing access point to the south. Conclusion: In its current, undeveloped state, there will be no impact on traffic.

Municipal water and sewer services are available at this site. Conclusion: There will be no significant impact to essential facilities and services from the vacant parcel.

Although the requested rezoning is inconsistent with the general outline of the Master Plan and Future Land Use map, the applicant is intending on developing the vacant parcel to accommodate an existing and growing business. Conversely, there are some residentially zoned properties in this area, an area that is principally zoned industrial and there are adjacent industrial facilities that will be expanding their operation too. This is clear evidence that industrial development is occurring over residential development. I- Staff recommends approval of the request to rezoning the property to R-1 from I-2 for future industrial development. _____________________________ Christopher M. Atkin, Planning Director Cc: Applicant

Recommendations

Essential Facilities and Services

Traffic Impact and Site Access

Neighborhood & Economic Operations

161 W. Michigan Avenue • Jackson, MI 49201-1303 Phone (517) 788-4060 • Facsimile (866) 971-2151

Page 1 of 1

PDC 150003 Notice of Public Hearing

The City of Jackson Planning Commission and City Council will hold public hearings on a request to rezone property (district change) as provided for in Sec. 28-138 of the City of Jackson’s Zoning Ordinance.

The request was made by: Jackson Tumble Finish 1801 Mitchell St. Jackson, MI 49203 The location of the property is: 1301 Losey St. (ID# 6-1749.2)

Requested Action: To rezone property located at 1310 Losey St from R-1 (One- Family Residential) to I-2 (General Industrial).

The Effect of the Requested Action: Approval of the rezoning would change the permitted uses from those allowed in an R-1 zoning district, to those allowed in an I-2 zoning district. The I-2 district is designed to provide suitable space for industrial operations of all types and adult entertainment enterprises that can comply with all provisions of this chapter and can assure protection of the public interest and surrounding property and persons. The City of Jackson, in adopting this section, recognizes, the secondary blighting effects caused by concentration of adult entertainment uses proven in other areas of the state and nation. Any use allowed as a permitted or conditional use in the I-1 district, except those expressly listed in the C-4 district, shall be considered a valid permitted or conditional use in this district.

You are invited to attend the public hearings before the Planning Commission and City Council to be held on:

Planning Commission – Wednesday, August 05, 2015 at 6:30 pm City Council – Tuesday, August 11, 2015 at 7:00 pm

City Hall Council Chambers, 2nd floor 161 W. Michigan Avenue

You received this notice because you own property or reside within the general area of the properties listed above. Unless you are the applicant, you are not required to attend the public hearing or respond to this notice. However, if you are interested in this request, please attend the hearing and/or contact Chris Atkin at (517) 768-6433 or [email protected]. Written comments can also be sent to his office, which is located at 161 W. Michigan Avenue, Jackson, MI 49201

*Please note that the City of Jackson Planning Commission reserves the right to remove an application from their agenda if the application is deemed incomplete at the time of the meeting.

By: Chris Atkin Planning Director

AGENDA – CITY COUNCIL MEETING - Jackson, MI

Documents

Transcript of AGENDA – CITY COUNCIL MEETING - Jackson, MI