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REGULAR MEETING OF THE CITY COUNCIL

OF THE CITY OF LANSING, MICHIGAN


CITY COUNCIL CHAMBERS, 10TH FLOOR
LANSING CITY HALL
124 W. MICHIGAN AVENUE

AGENDA FOR OCTOBER 4, 2010

TO THE HON. MAYOR AND MEMBERS OF THE CITY COUNCIL:


The following items were listed on the agenda in the City Clerk's Office by 4:00 p.m. on
Thursday, September 30, 2010, in accordance with Section 3-103(2) of the City Charter
and will be ready for your consideration at the regular meeting of the City Council on
Monday, October 4, 2010 at 7:00 p.m. at the Council Chambers, 10th Floor, City Hall.
I. ROLL CALL

II. MEDITATION AND PLEDGE OF ALLEGIANCE

III. READING AND APPROVAL OF PRINTED COUNCIL PROCEEDINGS

Approval of the Printed Council Proceedings of September 27, 2010


IV. CONSIDERATION OF LATE ITEMS (Suspension of Council Rule #9 is needed to
allow consideration of late items. Late items will be considered as part of the regular
portion of the meeting to which they relate.)
V. TABLED ITEMS (Tabled items, if removed from the table, will be considered as part
of the regular portion of the meeting to which they
VI. SPECIAL CEREMONIES

VII. COMMENTS BY COUNCIL MEMBERS AND CITY CLERK

VIII. COMMUNITY EVENT ANNOUNCEMENTS (Time, place, purpose, or definition of


event – 1 minute limit)
IX. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON LEGISLATIVE MATTERS

X. MAYOR’S COMMENTS

XI. SHOW CAUSE HEARINGS (Only persons who have received notice from the City as
an interested party or the interested party’s agent with written permission may speak
for up to a total of 3 minutes. Speakers must sign up on green form.)
XII. PUBLIC COMMENT ON LEGISLATIVE MATTERS (Legislative matters consist of the
following items on the agenda: public hearings, resolutions, ordinances for
introduction, and ordinances for passage. The public may comment for up to three
minutes. Speakers must sign up on white form.)

1
A. SCHEDULED PUBLIC HEARINGS

1. In consideration of IDD-01-10; Development District for Jet


Engineering (Symmetry Medical)
2. In consideration of IFT-01-10; Industrial Facilities Exemption
Certificate for Jet Engineering (Symmetry Medical) for Property
Located at 5190 Jet Drive
3. In consideration of Brownfield Redevelopment Plan #49A -
Amendment - Marshall Street Armory
4. In consideration of Brownfield Redevelopment Plan #52 - Marketplace
Redevelopment
XIII. COUNCIL CONSIDERATION OF LEGISLATIVE MATTERS

A. REFERRAL OF PUBLIC HEARINGS

B. CONSENT AGENDA

1. BY THE COMMITTEE OF THE WHOLE


a. Notice of Intent to Issue Bonds; Capital Improvement Bonds for
City Vehicle Garage
C. RESOLUTIONS FOR ACTION

D. REPORTS FROM COUNCIL COMMITTEES

E. ORDINANCES FOR INTRODUCTION and Setting of Public Hearings

F. ORDINANCES FOR PASSAGE

XIV. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON CITY GOVERNMENT


RELATED MATTERS

XV. REPORTS OF CITY OFFICERS, BOARDS, AND COMMISSIONS; COMMUNICATIONS


AND PETITIONS; AND OTHER CITY RELATED MATTERS (Motion that all items be
considered as being read in full and that the proper referrals be made by the
President)
1. REPORTS FROM CITY OFFICERS, BOARDS, AND COMMISSIONS

2
a. Letters from the City Clerk:
i. Submitting a request from Nuthouse, Inc. to Transfer Stock in
2010 Class C Licensed Business with Dance-Entertainment
Permit, located at 418-420-428 E Michigan, Lansing, MI 48933,
Ingham County, through issuance of 1,500 shares of stock to
the following new stockholders: Douglas Cron, Joseph W.
Goodsir, Jr., Tracy Johnson, and David Krause; through
issuance of 750 shares of stock to the following new
stockholders: Stephen Crowley and Bruce Ferguson; through
issuance of 500 shares of stock to the following new
stockholders: Thomas R. Bramson, Jr. and Jennifer Schoon;
and through issuance of 250 shares of stock to the following
new stockholders: Charles J. Hartman and Victor W. Loomis,
Jr.
ii. Submitting Correction to Resolution #2010-296; Transfer
ownership of 2010 Class C and SDM with Outdoor service (1
area on city sidewalk) and Sunday Sales from M.I.K, Inc. to
Mad Bags, LLC located at 1145-1147 S Washington Ave.
iii. Providing notice of the placement on file of the Board of Water
and Light’s Annual Audit for Fiscal Year ending June 30, 2010
iv. Submitting minutes of Boards and Authorities placed on file in
the City Clerk’s Office
b. Letters from the Mayor re:
i. Brownfield Economic Development Initiative Grant Application;
Knapp’s Center Redevelopment Project
ii. Notice of Intent to Issue Bonds; Capital Improvement Bonds for
City Vehicle Garage
2. COMMUNICATIONS AND PETITIONS, AND OTHER CITY RELATED MATTERS

a. Mason Public Schools’ 2010 Tax Levy and Millage Reduction Fraction
Computation
b. Affidavit of Disclosure submitted by Colin Kacmarsky of the Lansing
Police Department
XVI. MOTION OF EXCUSED ABSENCE

XVII. REMARKS BY COUNCIL MEMBERS

XVIII. REMARKS BY THE MAYOR OR EXECUTIVE ASSISTANT

3
XIX. PUBLIC COMMENT ON CITY GOVERNMENT RELATED MATTERS (City government
related matters are issues or topics relevant to the operation or governance of the
city. The public may comment for up to three minutes. Speakers must sign up on
yellow form.)
XX. ADJOURNMENT

CHRIS SWOPE, CITY CLERK

Persons with disabilities who need an accommodation to fully participate in this meeting should contact the
City Clerk’s Office at (517) 483-4131 (TDD (517) 483-4479). 24 hour notice may be needed for certain
accommodations. An attempt will be made to grant all reasonable accommodation requests.

City of Lansing
Notice of Public Hearing

The City Council of the City of Lansing will hold public hearings on Monday,
October 4 and October 11, 2010 at 7:00 p.m. in the City Council Chambers, 10th
Floor, Lansing City Hall, Lansing, Michigan, for the purpose stated below:

To afford an opportunity for all residents, taxpayers of the City of Lansing and
other interested persons to appear and be heard on the creation of Lansing
Industrial Development District (IDD 01-10) as requested by the applicant for the
location indicated below:

Applicant: Jet Engineering


By: Barry Kavanagh

IDD Location: 5190 Jet Drive

IDD Legal Description: LOT 4, JET PLACE, CITY OF LANSING, INGHAM


COUNTY, MICHIGAN;

Creation of (IDD 01-10) as requested by Jet Engineering, will make certain


property investment (real and personal property) within the District eligible to be
included in applications for tax abatements and/or exemptions. Further
information regarding this application may be obtained from Andrea Ragan,
Economic Development Corporation of the City of Lansing, 401 S. Washington
Square, Ste. 100, Lansing, Michigan, 48933, (517) 483-4140.

Chris Swope, Lansing City Clerk



s
Paofect,Developmes2tsAssistance sas, as,sas.-a-es.

Tax Akitonalittu actunn and:.


Hiaiv.,
T _ , ..

suvrivsAR
The Economae Development Corporation (EDC) of the City of Lansing offers assistance
application far property tax abatement on manufacturing-andler higb-technolo,gy related
investment in Lansing. Tax abatement is available under Public Acts 198 of 1974 as amended
ea: and 247 of 2000 for improvements:to buildings and structures (real property), and the purchase
of personal proPeftY such as machilerY, e quipment famt-ure and. fixtures, where the primary
purpose and use is for manufacturing and/or high technology activity. High technology activities
are defined as: advanced computing & materials, biotechnology, electronic device technology,
engineering g laborato'ry testing, techcqquto assess or prevent human health ore:rah
threats, medical device technology, product research and development and advanced vehicles
'.-':,: , technology. . ,

The: ansing:CitysCeuncil' a_ approvildf.astax1batement icertificate is a two-steps process:

1. The first step involves establishing the appropriate distdot if not already previously done.
'as as.aas"saa-aThere are two types'.offfistricts: Development .Districts for new: construction., expansion
projects; Rehabilitation Dissricts for replacement of obsolete buildings or equipment.
Only investments made after the establishment of a district will be considered
.:s,a-ss :a: eligible Tor a. tat abatement certificate.

2. Assuming a district is or has been established, the second step involves the applica.tion
-a .1.. - fota. Tax Abatement Cea f, ificate for ,investment made within , an established district.
Approval of .a Certificate . provides a ma.;aan
- Atha 'of SO% sexemptions on.1he.,value of new
construction expansion projects and up to 100% for replacement of obsolete buildings or
-saes's:, -equipment Exempfions can be granted :for ..up 'CO twelve years by 'the State,Tax
Commission. , as: '

a,aitsat' . isoaasa::

Femore informationscontactE.K Stafflat (SZ 4834240



...A

, •• , :.:•':
-•
''t''!•'"

. .
..': 4...

GENERAL INFORMATION

Before a manufacturing firm. can apply for a tax abatement a Reliabililatieii or


DevelOpment District must be established. The district is defined by the legal descripti6n of one
iiibri.M ci reiiipr6pertiesiniii0ii1yj&esfirien0iiade*ithirran:.establidhedAi,ittietai iiieligible for a
ownership yalue of
iRellebffitatiOnilDistrict,
opOsklirdisidet*i*60'tired bY'itis State
., i4bbablesCenee:10f. iiattleastI50%).ofthe.propeityiiatheii-
" '"
niustib ei.eStablishech . .:
. ': . !;.T .". .
. . '. i ii
.';. . iii . :." . i: i

Pxocess for°apurow^n an application tniinstibliAaachabilltAoili.citObVelopmentDiStrict.:

1. Potential applicant consults with Ebonomic. Development Corporation' . .(EDC) i staff


regarding eligibility, fees and potential benefits:... .

3. Draft; (EDC)' for


completeness
". ., ,- .'and
,. errors....
.., , • . ■
.. : , ,
signatures; and
ThreeCbrapletedapPliCadentWith. i. -agaChraents,...i.originalsign.atares of
". . ..

4. The applicant will be asked to attend adaytinie.,iniieestingof.theLali:iiiig.0tiy Council's


CoinMittee on DeVelopMent and . . Planning . .regarding the project,
.
The applicant .will-ithenii .be .r ei 4uire'LtO &et& a public .iiiiie-winetcbe'. held:. during an
iieivienifigiro.eetingi.:of the Liiisija City'Coune^

der the date of the 'i.mbliciMi arint.the applicalit may bellakediteiattendaii0ther daytime
meeting of theLansing City Council's Committee on DeVelopment".'atkITIatuai4g.. ..

7. Final approval of the application can then be made, by the Lansing City Council during
one of their evening meetings, at which the applicant should be .present..

- eedWll .6hi'Call itake frOni6ito"i5"Weekslo)ctimplete.


The total iapproval li C

For more information contact LEDC.Staff at (517) 463-4140


. :- - .. . _pp ea Ion 'or, sta ls g -a- . .: ,''f.'


;,s ,. '''e. i - ,' , R.ehalmli
... a-E'en or Development District
. .. Please Insert your answers .. . . ,l

PART I GENERAL P FORMATION


ofJ. app ucant, a corpora,. i on, include the fall. corpo 'rate n'&aie. laen the firms
representative to whom contact may be made by City ofacii1s .in.processins- the
application. Include telephone number.

let Engleeering, Inc. trading as Symmetry Medical Inc Lensing


Contact: Barry Kavanagh, Controller (517) 887 3429

2. Street location and legal description of property to be included. in the ecl district

Street Address: 5190 Set Drive, Lansing ill 489n


Legal DescriPtion: Lot 4, Jet Place, City of Lansia g, Ingham. Cou.u-ty, Midhigan

3. General description ofthetc.). Hng facility cif an3r, nur4b er ,ofbuildings,


e-sti type, size,
products manufactured, OW long .has the be mbusmesS .
been ? At this location?
xisting facility is a manufaeturina-'-facility comprising12,ooo
v' -et-
sq/ft .
and 3,000 scl/ft oLercc. The builaingi currently for precision machining of
Jib di
0 01)e dimlAants and aerospaceno s empus
entlY oneedn.tfs and0-hardwar a. an ac'unng sPaza

4. . Type of the property for which the exemption is being sou

Paton& -
Both-Yes eee"

5. Ownership of property.
a Building(s) owned or leased? - Building is currently being leased. but will be
purchased from landlord October 2010.
b. If the property in (a) is leased, is the lessee liable for paymeYaid'Y'Lloreth
taxes? -- Yes property taxes are aid -by the lessee
c Mablinery and equipment and. funiaitaie and fixt-arei O - iVied-Or'leased'i- Owned
, .; If property in (c) is leased is the lessee liable.for ad valorem property taxes? -

6. Provide a:a.eneral. description:of the nature and' extent.of the restoration, r 91a or
reconstalcti,ou being s. 0_11c„,.)i t.,fol exemption
and indicate: whether improvements will
increase production capacity or update obsolete property.
applicant is currently in negotiations to ha this , din. gle" Oar
, aPlxoval and aPProval.of State and Local taxincentives The applicant intends, to increase
the man actunng floor space by an additton 12,000 set (minimum) and Instal
machining equipment in order to add capacity to meet the growing demand from the

7. Describe how your present and proposed facility constitutes a maniifact firing process by
making •aphysica]-or; chemxcai change m goads or materials.

Both the present And. proposed facilities. op erate by machining iitanxum, cobalt and nickel
alloyaforgings-to the required speeY cations, andtolerances ?1,

simple time schedule for commencement and completion of the various


Please provide a 8.
stages of construction anclanstaflation of new .naac fiery and.egtupmen.•t
Completion of purchase negotiations- targeted to close in. October 2010
Completion of extension - targeted Winter 2010'
Installation of first phasetofegmpment Spring 2011,
Additional equipment purchases 2011 to 2015

_arcs
excluding Ian
Landimprovements
Buztdv g improvements 1 580,000 in.cludeseat?iatedput' chase price
o. 1vlacl?iuery and equipment 3 .918,000 in Yr 1, thereafter approxt2.3m/Yr
d. Furniture and fixtures
Total Project Cost .:A.:...r•d
5498,000 Year 1 toi

10. Will the expenditures for the project describedin #9, Part a and b, be more .an 1.0% of
the true cash value (at the commencement of the project) of the property described in #2-
Part 17

11. Employment
Total number of employees on project site pribrto-commencerpant of project.
390
Project is'e pected toresult iIi reafiioh of " 70additibna1 full time jobs at Jet
Engineering Inc. d/b/a,5ymmetry Medical Inc., Lansing two dears after
completion of the facility
ect3s expected to res

13. Does your company presently operate manufacturing plants or facilities in other locations
chrgan?r`1 tf e answer is yes, will the conslrac^aoii, restoration or rehabilitation of
plantresult in. a transfer- ^employees from otherpl ants 'locate d in NMich aaii to this

us i
company operates two facilities within the same campus

Needs, are- let by'' e curt .ent„park ng: at tlse'fac' 'ty.

15. If you are requesting establishment of a Rehabilitation District, explain how property
comprising 50% of the property in the proposed district is considered obsolete? (e.g. is
the obsolescence attributed to function, replacement cost, technological changes,
production processes, etc )

N/A

16. What circumstances distinct to your company or to this particular project make economic
assistance Tromthe City of Lansing :intheform of tax; abatementnecessary. arid/or
desirable?

The Symmetry Medical group hac similar machining facilities in Indiana, Massachusetts
and Malaysia. The tax abatements being applied for are necessary to justify expanding in
Lansing rather than at one o€these'otherlocations

:run

. . .
02 ! 4 I, L^ y f: 4, 4 4 7
. . s. .,
..... . ..

' PART It - ENVIRONMENTAL AND PUBLIC SERVICE INFORMATION

DesCribe changes in.


1. storage t6thdrisUnd/or.'Capacity. ,catisd&by theprapOS6cl
rehabilitation and/Or new construction,

2. Describe changes in current noise levels anticipated Witliiialhd facility ,and. at the property
boundaries.

N/A

3 . .' . -Describe'Changeslia.trabient
. . air rehibilitatiot-andlor new
construction....

. . .
4. Describe changes in method of,hOtIlliquid a.nd-5Scilid'wastO4islinsaLCausot1byproposecl
rehabilitation and/or new construction, as well as anticipated changes in quantities of
. solid and liquid wastes produced,

N/A

5, Describe any changes in demand for public utilities to include water, storm and sanitary .
sewers, electricity and natural gas caused by the proposed rehabilitation and/or mew
construction..

Requirements wilt increase in proportion to the .amount of new machinery added

6. Describe any changes proposed which would affect the potential for The within the
facility or on the site (e.g. storage of highly flammable material).

N/A

7. Does your proposed project require a DNR Air Quality Permit?

Yes. Permit is in place.

8. Describe any proposed site improvements such as landscaping, parking lot, fencing or
similar physical improvements.

N/A .

Li
CITY COUNCIL AGENDA: TEM - Jet Engmeenng (dib/a S 7mmetry Medical)

-
Please forward this resolution to approve the IDP application for Symmetry Medical to City Council
for placement on the A genda for Monday, Septern_ber 13, 2010 and to set Public Hearing for Monday,
October I I ;2010 .

If you have any questions, or .need additional information, please give me a call.

Attachments

"Equal Opportunity Employer"




Y THE COMMITTEE ON DEVELOPMENT AND• PLANNING' A

SOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING


Approving an Indus is De elobmeilt District•

WHREAS,theCity of Lansing received and filed a request from Jet Engineering, to create Lansing
Industrial Development District (1DD 01-10), pursuant to Public Act 198 of 1974, as aim.ended on
property more fully described in this resolution; and

WHEREAS, a public hearing on the creation of (IDD 01-10) was held on 10/11/2010 at 7:00 p.m.,
at which time all interested persons, residents and taxpayers had as 'oppoityto appear and be
`

heard and make any objection they may have to the proposed District; and
ee,
WHEREAS; Jet Engineering, has met all the requirements fox the creation of (MD 01-10), as
required l,y'Pubhc Act`1 98 'of 1974, `as -amended, and by the policies of'this "Council;
'

NOW, THEREFORE, BE IT RESOLVED, that the Council of the City` of Laia'sirig`hereby approves
the request and creates (IDD 01=1.0) for the portion of 5190 Jet Drive legally described. as:

LOT 4, JET PLACE, CITY- OF LANSING, INGHAM 'COUNTY MICHIGAN. 77


, e re, L'' e
data t^P;:
_.,) { i.•,. cif`" L
4s 3C" i,X. i Y .. ..

BRIT FINALLY RESOLED, this Resolution shall not be construed as the City Colmar s approv
of any future Industrial Facilities Exemption Certificate'application of Jet Engineering, or any o
applicant.

Approved for placement on the City Council Agenda:

City Attorney

Dated:

OFFICE OF THE MAYOR


9th Floor , citv Hal! -'
124 W: Michigan Avenue
Lansing, 'Michigan 48933-1694
(517) 483-41 4 1 (voice)
(517) 4834479 (TOD)
(517) 483-6066 (Fax) .

From the 9-13-2010 council Meeting Packet


Virg Bemero, Mayor REFERRED TO THE COMMITTEE :
ON D EVELOPMENT AND
PL4NNING

TO: City Council President A'Lynne Robinson. and Council Members `

FROM: Mayor Virg Bmero

IRATE: Se tember,9 -2010- ....-


Ts. .. .... .L Li i
RE:. Resolution- Jet Engineering (d/b/a Syrnmety.Medical) . . . ac
-Industrial Facilities Exemption Certificate .(IFT0110.) . . .' . .
.,.

The attached correspondence is forwarded for your review and appropriate action.

V.B/rh
Attachment

"Equal Opportunity Employer"


Er A

City of Lansing
Notice of Public Hearing

The Lansing City Council will hold public hearings on October 4 and October 11,
2010 at 7:00 p.m. in the City Council Chambers, 10th Floor, Lansing City Hall,
Lansing, MI, for the purpose stated below:

To afford an opportunity for all residents, taxpayers of the City of


Lansing, other interested persons and ad valorem taxing units to
appear and be heard on the approval of an Industrial Facilities
Exemption Certificate (IFT 01-10) requested by the applicant
indicated below:

Applicant: Jet Engineering (d/b/a Symmetry


Medical)
Location: 5190 Jet Drive, Lansing
Property Description: LOT 4, JET PLACE, CITY OF LANSING,
INGHAM COUNTY, MICHIGAN,

Approval of an Industrial Facilities Exemption Certificate (IFT--) requested by Jet


Engineering will result in the abatement of real and/or personal property taxes
located within the subject property. Further information regarding this application
for property tax abatement may be obtained from Andrea Ragan, Economic
Development Corporation of the City of Lansing, 401 S. Washington Sq., Suite
100, Lansing, Michigan, 48933, (517) 483-4140.

Chris Swope, Lansing City Clerk


1?

Michigan Department of Treasury


1012 (Rev, 3-07)
licatlon or :6ndustrial Facilities Tax Exernptlon Cer 'ifrca Si P
2090
Iss ued under authority of P.A. 198 .of 1974, as amended Filing is mandatory.
ECf^^!OMICDEVE DPI Ai
INSTRUCTIONS: File the original and two copies of this form and the required attachments (three complete sets) with t hec^e'P^
-local,governmen tunit. The State Tax. Commission (STC) requires two complete sets (one original and one copy). One copy is retained
by the clerk. If you have any questions regarding the completion of this form or would like to request an informationalpacket,'call (517)
"373=3272.

'I' Application Number '

APPLICANT INFORMATION
All boxes must•be'completed.
1 la. Company (Applicant must be the occupant/operator ofthe facility) It lb, Standard industrial Classlficallen(SIC) Code - Sec. 2(10) (4 or6 Digit Code)
Jet EngineeringInc.(trading as Symmetry Medical Lansing) 339113
F 1c. Facility Address (City, State, ZIP Code) (real endlor persona! property location) it Id. Clty/TownshlpfVillage (indicate which) ?t 1e. County ''-
5212-Atreitus:Rd; Lansing Ml ^-.8311 City of Lansing Ingham
:1_.2 ,, Type of Approval Re quested 1 3a School Dtslrict where facility is located 3b. School Code
New (Sec 2(4)) Transfer (1 copy only)
J Lansing 33020
Speculative Building (Sec. 3(8)) Rehabilitation (Sec 3(1)) 4. Amount of years requested for exemption (1-12 Years) •
Research and Development (Sec. 2(9)) 12

5, Thoroughly describe the oreject fcr which exemption Is sought: Real Property (Type of Improvements to Land, Building, Size of Addition) Personal Property (Explain New,
Used, Transferred from Out-of-Stste, etc.) and Proposed Use of Facility . (Please attach additional page(s) If more morn is needed).

Applicant intends to increase the size of its existing machiningfa -di(ity byextending1he building at 5190 Jet Drive
Lahsingby at least 12,000 square feet. Additional machinery will be purchased new and also transferred from eases?
out-of-state to increase our manufacturing capacity. . I- !

6a. Cost'of land and building improvements (excluding cost of land ,,,,•; • •••,• •. .•$850,000. DD
---t*-Attach•list'cfimprovements .and associated costs. e_ __ ,._:._ ... ... ___ _ Real'Prope
- Costs _ '
*Also attach a copy of building permit if project has akeaey begun ,
6h Cost of machinery equipment, furniture and fixtures ,., F $3 918 000.00
*Attach itemized hsbng with month day and year off beginning of installation plus •total costs Persona! Pro
Property Costs rl.
6c Total Project Qosts .. 0. $4,768,000 00
* Round Costs.toNearest Dollar, Total of Real &Personal Costs
7. Indicatethe time schedule for start and finish of constructlon and equipment installation. Projects must be completed within a•two:yearperiod of the enact ye;dateofthe
certlncate,unless othetwlse;approvad bythe STC.
et, ..e,
Bealn Date (M/DiY) End Date (M/D/Y2 ''

-_ . . __ 1011110 ' : 6130/11=


Re,aal ' Pio _a Em r . ove me nts° , X owned-
ement-s_P
ePersenai_Propertylmprov 711118 8(3 112 X owned Leased

+-B; Are State-Education Taxeseeduced or abated by the Michigan Economic Development Corporation (MEDC)3-if yes, applicant musttattachie signed MEDIC Letter oft
Commitment to exemption. i Yes X No tie- titer
^ H. No. of existing jobs at this facllltyttiatwilt be retained as a result of this project. - 10. No. of new jobs et this facility expected to create within 2 years ofcotnplation.
390 70
11..Rehabilitation applications only: .Complete b and c of this section. You must attach the assessor's statement or valuation for tie entire plant rehabilitation tlistrict and
obsolescence statement for property. The SEV data below must be as of December 31 of the year prior to the rehabilitation. t_._ t J
a. SEV of Real Property'(excludtng land) ,,,,,,, , , ,,,,,,,,,,, „-
teu,i "v et
b. SEV of Personal Properly (excluding invento
c. Total SEV :: r .. ., ......

). 12e. Check the type of District the facility Is located In.


..
XI Industrial Development Distnct Plant Reh abilitation District
totseett
12b. Date district was established by local government unit (contact local Unit) 'F12c. Is this application fora speculative building (Sec. 3(8))3
-._ . -- ^ _ ..._ < _-_.... _ Yes ...._ _

,rr
1912Page
...
,., , 7 ., . l';qeS. re,
' The (Amer. Of it* iiiiii i iiiiiiiiiii h s' aprilleittloh certifies kneyfaledg0irOsii;Ictformatlort..poptalrip.d.,A,ie.
herein attire: the attachments heretcr lefeIse;1il any Vtiiy'and that all are i truly descriptive of the industrial property .
;e p etii: i tti V et i ate, ea i .e..' boa .eiti-
itiSIfilriti'vii66rost l that the undersig feflaWIiil.tYiWpioVielai drPAI06btl 974 as , i baing tiedt(nns 207:551 to 207,572, Inclusive(
iOfithe Laws; and to i the best' f his/her khowledge aridibelletiNhehas-complIedi or wine ablwto =imply with all.of the .
requirements , thereof which are prerequisite to'the approval of-the application by.the local unit of gpvernmpnt and the Issuance of an Industriet-Faclityes ,
- Exemption-Certificate =by the State Tax:Commisslen. i
- 13oO Fax Number ,13dSaalliAddress
13d. Pregame Name r 13WTelepherneNerateen i . ea.

(517) B87-3445 . berry. kavanagh@eymrnetryme:


Barry Kavanagh (517) -
14a. Name of Contact Person 14b. Telephone Number 14p. Fax Number 14d. 5-mall Address
:*.(§l'"I); " i$BZ43',11T Y087Z4,45i "' 0^■:'o"on't
"F' 1ba; Name of Company officer (No'Authorized Agents} :'-
Barry. Kavanagh
15b-. Sqatte CrCoMpa -0 r (No -Authrr :a l Agents)" 16COFax'NuMber- 15d Date
.( 517 ) 887-: 3445
;rdmas
-11NOri
.15e Mall . (Street CItySe, ZIP COde) - 151 Telephone Number :189E mall 'A :dress: 7,

521''Z (517)'882-431`1 i" bartyi3cauenagh@9ymmetryme


. ,.. i
LOCAL GOVERNMENTACTION & CERTIFICATION, ' "1 boxes "i
This section must be aomplated by the clerk of the local goyernIng unit before submitting application State Tax Commission. Check items on file
aLthe . Local Unit and those included with the submittal W
16b,,The State TaxLommieelrin Requires the following documents be fdeqfor,cn
le 16. Action taken by leal igbiernment unit .. . administlatkly cothniete a pplication
(re '''
Abatement App'roVed ifde ..
r
After Completion Dyes 111 No 1. original APP! ic 8 it or-i i"O lus ottictimentsO and one comp ete' c° py
1 eel-ex.'. ..: 2Resolution estsci shing district
Denied (Inciude ResolUtIon'Denying) t- 3. Resolution app ov ng enying application.
.. 4..Letterof A g reement (Signed , by local unit and aloPlI cant) , i.
16a. -Dodr;M&Its aeqtilred to be on file With the focal Unit 5. Affidavit of Fees (Signed by local unit and applicant) .
Check or Indicate NiA Not Applicable:, -•
1. Notice to the public prior to hearing establishing a district. G. Duilding Permit for real improv pmaqtstif project hasalready begun
2. Notice to taxing authorities of opportunity for a hearing. 7. Equipment List teilth datasi of beginning of al ga a
3i-L1st of taxing authorttle9notified for .district and application action - ,- . 8-F.on'n.3222:(Ifa pp ,
9 Speculative building resolutlon iandieffid,avits(Ifapplicable) :
Leg,ceernent
Aoase 'A sh oving applicants tax liability '''''. ' .
. ,.
lac, LUC! Code 16d School Code
V."

17. Namd iofi Local Government Body i ..ierioc 1. 18.i Date of ResolulloniAppsnVioglDeny1riptilsiAp plication
. -. . ir

. .i . r ein t S1"kt: 6' di iinia'


-Atta 0he O. ce to ap..o Ftgtn al an d 0 pe.cppy.,ref he.a p pttcatt on and all. documents listed in also ced dam
ei ie ei..eie I ei.e .. r.F
aeei Ile. at' t la al unit .foreirteOectidiiii.atany,ffie';iii a el i...toa
19a. Signature of Clerk 196 . Name of Clark 19c. E-malt Address
_es aiee .r':: ". i

19d: Clerk's Code)


. ., '
19e: Telephone Number 191, Fax Number

State Tax Commission Rule Number 57: Complete applications approved by the local unit andireCelved byithe StateiTaxiCommissleniby.Ootobeo3l
eachiyeer will beacted upon byDecember 3lApplications. received after October 31maybe acted upon 1nthi.foll owing year ilei eraii, eoiie
eel:Kin:ire ;:i -reeve etieiaaedit eeirlite ,ete .:er a nip er eliliai.,iotia tiraeaiaheie-..ed Irlwieedt ;roarer
Local Lint Mail one original and one copy of the completed applIcatIceriBqd all required attachments to
istiaitbTaxtCbmemssioreiier 1mM-me
le ee.oti iiiero el& "ii
MicbIgani Department of Treasury
P.O. Box 3047I. . .. . . "" ".". ." -
Lansing, . ..

(For.guaranteact receipt . by the STC, It is recommended that applications, are sent by certified, mail.)

"-i

rr

SYMMETRY MEDICALINC.,`LANSING,;
')
11ET ENGINEERING, INC.)
IFT INVESTMENT LIST

Approx
Total Installation
Quantity Cost'Ea. Investment Date
Hasenclever'355 Forge Press 1 $ 400,000 $ 400,000 Dec 20
Okurna2-Axis Lathe '6 $ 198,000 $ 1,188,000 Sep-10
Global CMM - 1 $ 110,000 $ 110,000 0 ct ICI
Electrotherm Rotary Furnace 5 $ 161;000 .$ 805,000 Dec-10
Press Controllers $ 50;000'!, $ 250,000 140:4.12011--
Mitsubishi Sinker EDM $ 215,000 $ 215,000 . Q2-2011
Okuma 250 Multi Axis Lathe 11 $ 550,000 $ 550,000 "Q1 201 S
Computers and Peripherals 1 $ 150,000 $ 150,000 Q1-Q4 2011
Special Tooling and Fixtures $ 250,000 $ 250,000 0.1-Q4 2011
$' 3,918,000

B hiding Ei tension
The legal description of the building is:
Lot 4 Jet Place, City of Lansing, Ingham County, Michigan
Property Tax ID #; 33-01-55 205;2-20=011; t

Building Extension will be at least 12,000 (max 17,000) square ft steel and block
construction. Subject to approval of certain State and Local incentives, construction
would begin in Fall 2010 and finish in Spring 2011,

bkavanagh S:\ACCT\Barry\Taxes\20100 Local Incentives\2010MIFT Equipment List 9/8/2010 9:30 AM


City of Lansing

Memorandum -

To: Virg BeMero5 Mayor

From: Andrea Ragan, Lansing 'EDC 1. ;,i


. . ..:
Subject: CITY COUNCILAGENDA ITEM''Iet Engineering (d/b/a Symmetry Medical) : ',
. '2: . . .
. . :
Date: September 9, ,201 0

. „.... .,
..
Please forward this resolution to approve IFT 01-10 application for Syminet - Medical to City Council
for placement on the Agenda for Monday, September 13, 2010 and to be approved aon Monday,
October 11, 2010: . . . 7:

If you have any questions, oi-need additional information, please give-.1ne..''cal] -.f.;6,-s. (P.

Attachments
.io 17c; 02

. "Equal Opportunity Employer"


RESOLVED' BY THE CITY COUNCIL' OF THE MY OF LANSING
Approving an Industrial Facilities Exemption Certificate

WHEREAS, the Lansing City Council has previously created Lansing Industrial Development
District (IDD 01-10) on 10/11/2010 at Jet Engineering (dlb/a Symmetry Medical) on the property
located 5190 Jet Drive, in the City ofLansing, Michigan.

WHEREAS, the City of Lansing received and filed an application from JetEngineering, requesting
an Industrial Facilities Exemption Certificate (-IFT 01-10) for real and personal property investments
pursuant to Public Act 198 of 1974, as amended; and

WHEREAS, a public hearing was held October 11, 2010 at 7:00 p.m., on the Industrial Facilities
Exemption Certificate (IFT 01-10) filed by Jet Engineering, at which all owners of real and personal
property within (IDD 01-10), other City residents and taxpayers, the assessor and the representatives
of the legislative body of each taxing unit that levies ad valorem taxes for the (IDD 01-10) area had
the opportunity to appear and be heard; and

WHEREAS, Jet Engineering has substantially met all of the requirements for said Exemption
Certificate as required by Public Act 198 and by the policies of this Council;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council finds and determines that
the granting of this industrial Facilities Exemption Certificate for personal and/or real property-under
Public Act 198, shall not have the effect of substantially impeding the operation of the City of
Lansing, nor impairing the financial soundness of any taxing unit which levies ad valorem taxes in
the City of Lansing.

BE TT FURTHER RESOLVED that the Lansing City Council hereby approves the application of
Jet Engineering, for an Industrial Facilities Exemption Certificate (IFT01-10), for real and
personal property investments in the area of (IDD 01-10) legally described as:

LOT 4, JET PLACE, CITY OF LANSING, INGHAM COUNTY, MICHIGAN,

for a period of 12 years, after project completion, provided that this resolution shall be effective upon
the execution, of . a written Industrial Facilities Exemption Certificate Agreement between let
Engineering and the City of Lansing, in the form as filed with the City Clerk.

BE TT FINALLY RESOLVED that the Mayor, on behalf of the City, is authorized to execute the
afore stated agreement, subject to prior approval thereof as to form by the City Attorney.
.!:'..Approved for plaoemenf on City`Counoll Agenda:
%2 4 ?

City of Lansing
Notice of Public Hearing

The Lansing City Council will hold public hearings on October 4 and October 11,
2010 at 7:00 p.m. in the City Council Chambers, 10th Floor, Lansing City Hall,
Lansing, Ml, for the purpose stated below:

To afford an opportunity for all residents, taxpayers of the City of Lansing, other
interested persons and ad valorem taxing units to appear and be heard on the
approval of Brownfield Plan #49(a) - Amended Marshall Street Armory
Brownfield Plan, pursuant to and in accordance with the provisions of the
Brownfield Redevelopment Financing Act, Public Act 381 of 1996, as amended,
for property located at the 300 Elvin Court, in Lansing, Michigan, but more
particularly described by parcel as:

A parcel of land being part of the NW 1/4 of Section 15, T4N, R2W, City of
Lansing, Ingham County, Michigan, being more particularly described as:
commencing at the NE corner of Section 15, T4N, R2W; thence South 01
degrees 44'44" West, 1600.25 feet along the East line of said Section 15 also
being the West line of Adam's Addition to the City of Lansing, Ingham County,
Michigan (Liber 2, Page 17); thence North 88 degrees 53'28" West, 369.49 feet
along the North line of said Longyears's Addition and the North line of J.B.
Rayner's Addition to the City of Lansing, Ingham county, Michigan (Liber 3, Page
20) to the point of beginning of the following described parcel; thence continuing
North 88 degrees 53'28" West, 390.06 feet along the North line of Brown's
Insurance Agency Addition to the City of Lansing, Ingham County, Michigan,
(Liber 4, Page 15) and the North line of Rumsey's Michigan Avenue Addition to
the City of Lansing, Ingham County, Michigan, (Liber 2, Page 12) to the East line;
thence South 88 degrees 53'28" East, 388.16 feet; thence South 01 degrees
30'42" West, 502.98 feet to the point of beginning.

Approval of this Brownfield Plan will enable the Lansing Brownfield


Redevelopment Authority to capture incremental tax increases which result from
the redevelopment of the property to pay for costs associated therewith. Further
information regarding this issue may be obtained from Ken Szymusiak, Economic
Development Corporation of the City of Lansing, 401 N. Washington Square,
Suite 100, Lansing, MI 48933, (517) 483-4140.

Chris Swope, Lansing City Clerk


m®r Redevelopment
Eastside.: .cry, LLC

_Lansing Brownfield RedevelopmentAuthority


Lan:sing_1Vlichgan

Lansing Economic Development Corporation


401 S, Washington Square, Suite 100
Lansing, Michigan 48933

Approved by the Brownfield Redevelopment Authority on


q-3-7_010

Table' of Contents

Section

Site Location and Photos 1


:t
Project Summary Sheet 2
Past Use of the Property - Site History ... .. 3
The Lansing Brownfield Redevelopment Authority : : 3
Brownfield Project Description 4
Eligible Activities Planned for Reimbursement 6
Captured Taxable Value'& Tax Increment Revenues ...:: 7
gthod of Brownfield PlanTinancing 7
Amount
9. of Note or Bonded Indebtedness Incurred ; 8
10. Estimated Impact on Taxing Jurisdictions :.. . 8
11. Duration of the Brownfield Plan 9
12. Legal Description & Site Map ..: ... 9
13. Personal Property 9
Dzsplacemeut ofI'ersons,, 9
Site Rem.ediahozz Revolving Fund 9
16: Other Information : 9

atiles;

Table 1 Brownfield Eligible Activities;


1?ab1e 2 Tax Increanent'- Fiii ancing (TIF) Table
Table =3 MBT Eligible Investment

Exhibits.:,

Exhibit A Property Boundaries, Project Areas and Legal Description


of the Property
Exhibit B Phase II Environmental Site Assessment Summary and
Sample Locations
Exhibit C Eligible Activities Definitions and Reixnbu _-ement
Procedures
I

ProiectSummary Sheet - Brownfield Plan #49(a mendment #1

roJec't .xie Marshall` Street^Ainory Reaevelo^arient ryDastide


.Armory, LLC

Business Liner The Developer, Eastside .4n-nary , 1- LC1V aging;-Partner,


Mr. Patrcl Gi]lespie,-Lansing Michxgaz
.
.Property 'L'ocation 300 Elvu.'Co,rt

Proper Th uire &.Size 3'3 01 Oi 15226 012 (4,2t9--acres, 41,648 building)


Project One .Are• (Parcel A.):"J :87 acres, 41, 648 scq. ft. building

oject Two Areac'aroel B)' .62 acres

Project Description oject One Area is the redevelopment of the historical


°

,Marshall Street Armory,in.to a vibrant "non-profit"


,

e ' 0 [:ter' S £ox the Lansxn.g;t^


L (1 and Project Two Area will.
L

Developer
. hives ment: F; 'Project One, ri^xe'-wi p] r eeniately X5;498;;620,

Estimated -Tub
Creati.on]1 etentios this xeclevelopment will re"suit in tae creation oT 85=to .100
temporary construction related jobs. In addition to the..
construction related jobs, .the redevelopment will retain 45
approximately existing. jobs aria create approximately 35'new°
boos;-
Duration Of P 24 year

. Property Taxes
Generated by eat:
Over the life of Plan) 483,332 Property Taxes Paid by Eastside Armory

Uses_ of Taxes 18,863 To City of Lansing


136,024 To Lansing School District
19,500 To otherLocal Tax Units
8 38,533 To State Education Tax
$ 212,921 Total to Tax Units

29,721 For LBRA Administration


14,860 To T BRA- Re Fund
225;830 To 'Reimburse Develo?er
$ 270,411 `r"'‘rota Mr Tai Capture

Total Uses of Taxes: $ •483,332


3. Past Use of the Property - Site .story <.


The 4,>49 acre; 41,648sq. ft U^uldrng'b.rownfield;;project:a ,eahereinafter:referred'to
as ("the Property")„ was last used :by the ,Mkhigaii' Armory National Guard as- the
,Lansing Artillery Armory.? The Proper.ty. lid been vacant since' 2000: The address
of the Property is 300, Elvin Court .The Property is :adjacent :n-rid t. o-the south= of
Patt engill Middle School: ,and, to the _T-West.: of Lansing Catholic'' Center .High:' The
Property is currently zone&B Residential;Siiigle.= A .zenin.g change_an:dPa:mel.split
maybe required for the proposed and future redevelopment of the. Property. '.The
Property also has a large open section of area intended to be used as parking and
green apace. The Property aerviced.by.;pubIic:;:water is-appl ed by:.the Board-.bf
Water and Light; sewage, dispos al is by public utility as well, -1The.:age 'of :the-sewer
system zs zLnkp own_

The Property was historically part oft 27=acre site (Lansing Artillery Ariuory -Site)
w uch consisted of ;air' Arnaery; ;a former military vehicle .rep'air garage and =a riding
hall. In 2Q04; the Lansing Artillery,Armory Site ::was split up into :;tW co--separate
parcels. The Armory was split from the riding hall and garage. The Property:Was
used an armory from 1924 to approximately 2006. From 2006 to present the m

buildg located on::the .;Property no longer., operaten as an :Armory. The


Michigan' Army National Guard usedethe buildrngfor administrative :offices=and: as
a drill. hall .No record, were: reviewed indicating that a -shootilig range was
operated in:,the building.
The :Eligible_Property (3.3.-0.1-01 1:5:22.6 012).-is a:_"facility, " _and -each projectarea
(Project.Aloe 'Area andeProject TwoArea) gzia1es.-independently-'a5 aa facittty°as
defined by Part 201 of Michigan's Natural Resources and Environmental Protection
Act (P._g 451 Amended) Abase:d on the, rasults-ofthe,chemical,analyses-of .sorl and

Arsenic, mercury and selenium were . measured in soil samples at a


concentration above the Part 201 Generic _Residential Cleanup.. Criteria
and Screening Levels
Protection (DWP) and, , Groundwater Surface Water Interface , (GST)
Protection Criteria.
Arsenic, barium, copper, lead and -silver were measured ill groundwater
samples at a concentration above the residential cleanup criteria for DWI'
and GSI Protection Criteria:,

eLansing-Brownfield :R.edeveloprnentAuthority

In August of 1997, the Lansing City Council established the Lansing Brownfield.
Redevelopment Authority (LBRA) :and designatedthe-entire:City as2a.13rownfield
Zone_ a", e, przm ry;purpose of theLBRA,rs;to:encourage the.:redevelopm.ent of
blighted, co)3tam3-3ated and fnctionally:obsoleteproperty,:within theBrow.nfield
Zone by providing financial incentives.

5. Brownfield Project Description


Eastside Arino:ry;.LLC s proposing to'redevelop the'vacant, lustorzc marshii11 Street
, , Aniaory,; whic]i:.isl'ocated at' 300 Elvm ourt Lansing, Michigan., The } build, n g is
approxi.n ately`41,6.48isquare feet: arid,has,been vacar t since 2006:'The Developer 'is
finalizing negations to redevelop the structure into a vibrant "noxi pro.5:t"
headquarters 'fox the Larising Region This'fac l Will 'regional '
:nonprofit-organizations and:potentially'other on-profits into Lansing's Ea"stside
Neighborhood ', ,: ;;ti. o, t

The ,consolidation of area non-profits will' createa hub for collaboration and red:abe
operational costs Through consolidating offices, the'non.-profits'will be able to share
office equipment, common spaces, and administrative staff. These types ,ofcost'
sharing measures are necessary as non-profits, throughout Michigan, experience a
sustainable, reductionin 'charitable contributions The, charitable' reductions
are a direct result of ichigan's curienteconomic conditions This consolidation Of
„operational costs will,protectthefin.a aciel'viabilityaa dexistences;'ofthese
organizations r`

The Pxojeet One Area(as,;described on page five) js:predominantly covered by the


existing )nulding and<surfa.ce parking Portions of the surface parlrnnag will rremoved,
patched, and/or-;repaired The Entrance walkway rails are^to)berefinislied: To
restore this building will require an extensive interior and exterior, rehabilitation
The building consists of three floors. All exterior masonry walls show signs of water
penetration/damage,and 4eaebi ,g: The facade'wrtl be, cleaned and tuck poi'ated
Thestob.'efacades'wi3l;beclean.ed,ai:a.d,applied,witliauclearsealer and finish.-.
Professionalf of ce spaeesAreanticipatedtobe created on :»i}-three fLoora. This will
require interior demolition to elimi nate_partitionwalls wl it apresorving-the historic
identity of the structure. The structural columns and structural walls will remain;
select existing masonry•and plaster walls will also reii axt^. Aii elevator shaft will
also.be incorpo :ated'into the.rehabilitation of tliis , structure. This°*ill provide
access to all, three floors and require,additional. interior :,demolition:
The building's systems are obsolete and the building is extremely inefficient. The
Heating, Ventilating, and Air Conditioning (HVAC) and: ^eTectrical 'systeins will be
removed, replaced, or updated, throughout the entire ,structure ,This is anticipated
to provide energy savings and. lower operational expenses for the tenants.
,-l

The windows have areas of cracked/broken glass , failed`steel lintels and'


deteriorating insulation sealants. The windows will be repaired and/or replaced as
necessary throughout-the bi 1ding.' All Window replacements will be'=dens. with
historic replica windows that meet current Department of Interior standards.
-..:.[
1;. '.r r. .4 s;_.i
t a,., •;
^ l:. (' ±'. J ' ` ril;,,: a

:a . i ...ia . _ i.;.l

Thi"s:xedeve7o'panent,will result in theicreation.iof'85^•to 100 to -aporary con struction"

related jobs. In'addtion to the construction'relatedfobs, theareae`velopineiit will


rate in,-45 approximately, existing jobs and: 'create ,approiantately job's .'
.


redevelopment of this prop efty- wdttld restilt-in, appiroXi-niately `$55 private


investment in the City of Lansing.
2-
The Eastside Armory DeVelopm- ent is recluestineassistance of the.Biownfielcl ""
Redevelopment Authority, the City of Lansing and the State of Michigan l * n
,

approving a If-?Townfielcl, pian . (I) provide tar crement financial g using both local
-in

in. school taxes for costs incurredthroughout the eligible propert Y, an (2) to
.
facilitate approvaloI„the Michigan Economic Growth Authority (MEGA) of multiple
Michigan Business Tax Credits for eligible'investMent-to be made in what is known
as Project'rAre'a, PioJ'ec-t 2 Area and Future Pro ects Areas. j

The eligible property (Pareel 'Int 33-01-01 -226o12 eludes 2 project areas:
- Project One.Area consists ofaportion of Parcel m# 33-01-01-15-226-012 as legally
described arid depicted on Exhibit A. Project One Area will include the restoration
and rehabilitation the Marshall Street Armory (41,648 square-foot b u iiding) on
approximately I.87,acres of the-Property
Property; and
- Project Two-Area consists of the rem pOrtIOIIS of the eligible
included in the legally deScribed areas for Project One Area a depicted on Exhibit
A.

Parcel ID# 33-01-DI :15-226 =:012 makes up the eligible property and quelifies as a
"facility" (see Exhibit B for facility explanation end sample for 10caHon57)Whereas

the p-urposes of the Brownfield MBT Credit Project One Area and ProjeCt Two Area
also qualify on their own -as eligible property as they- are each d ep ,e n''dentlY
identified as a "facility" (seeExhibit B for facility- explanation and sample locations).
The Developer-a-as also-requested and been approved for an Obsolete Property
Rehabilitation Act (OPRA) tax abatement through the City of Lansing and a
Brownfield-Nlichi gan Bus tress Tax T) credit through the Michigan Economic
Growth Authority-.
Eligible Costs:
A breakdown of both Brownfield and Michigan Business Tax Creclitligible costs
can be foundas tablerand-table-a _

:*T
.ii.:,:'.,;'

ant.. j.)aiatfaea.e i;e'. eLea leatay.aaa;:.e.a.,:...:'3e) at:ate eee:,ef .

;
-4ne.ateeteeiaa.ee r
tea airtelai e-..:. e,. ..:aan,it,iee:e

Eligi sle Activities:. Planned for Reimbursement,

The table below presents-the• anticipated'eligible'activities that will be completed


for Project One and. the estima ted',.elxgable costs assoazated<with:eachactivity:

igxb ajActi^rity, , ;r Total ,

1 Enviro,^rn er tal Act sties:,', IAssess^aent;


Dine CaxeRemedzatxou;^Respozzse Etc ;.! $37950
incl odes - co xztxn. n cy) to D ept..oe :... r
. ge e
p

Portion of.#1,:reimbursed with Local Tax `


Capture $23,295
Pox..tzonof;#1reiinbzsed vrith State Tax :

Capture $14,655
'Ck^4Y /.:5^µ"F',^p
b ^i: 4s>° filyi Tf,^ u' a }'^^/r ^^ i^ .^ Y^'s, n('^ ^' uv n ^`,^
'"'
". •:
S"
t ^, 1•- i ;^

t' y ^^^1j thJ^


Y. '^A

1^i^4 tx Sfi`I^
M' :' „# ', IxS^,' ,"^ii E Y^ i!.•'
fYli'^^ ' iti^
^(;:..k ^ . s^P :,WI , ^' "it n•. ^S
` '
rsi?.

Non=Exavironraental'Activities: =Publxe ..,


:Infrastructure; Site Piep, 'Demolition; L- ead
& Asbestos Abatement,. Etc:.{iii cludes 350
contingency) to Developer
Est; Portion of #2 rei rr ^burss`cli-withi Local
.. y J. `$87;880
Est. Portion of #2 reimbursed with State
Tax Capture $0'
( •i 3 r`'77yc^
y J^trl
^^it^.e
yl^ ^.^n^l tk;.iL+^i''y.,fl)St$^._^(,^^{^[ iAi^ r' 1'E`T (y"
'4^;^rJ'.4 ^.f^>;- n it•F^S +" n^^ ^w ^^s^t'.S 6G^^^e^^^L.s^•',1..^^f^t^^^
,• '`!'^`i Y
^^^^^^^^^'l:C.I., "^,^
Total Tax' C a ture A mouzit
^i^ ,'y^FI^ jRembursed'
ll j ^ ! • ^ -
to Developer,.'
^y^^ 1.c27µ l^*^C¢.) + r +t y,{ kyn
$225;8:30 '
'h C ^d^^ $
NA:1-1. .6 . ^hc i % • ^i^-'^ ^^^""'^ v^4}3LYt, tif) ` ' /y . A1 ^ )T7 " 'tA7^ I
:3. Amount VL'octzl, Tax Cap£u e`to LBRA=for ,o
AcI iinistrativeand Legal Costs ::. $29,721
4 Amount Local Tax Capture to LBRA
Revolvin_ Fia d $14 860 ,^
L ^`y;,.' rrdsE pq ,+t J ^L+; i-^,
ppL"tJoa7^}'"G.^'^J`^'m1J. p... ^:1?:.n}^`r^(^ mofgL +l h^ ^!] "1'
' +.1 n 'ISut°6^ 1e+{^ ..
I1f
.dR^"JFA^w:3'yJIr^:A'f ~ , ^
Total Tax Capture to Developer
LBRA , og, $270,411
- ' ,•^
5,
t "r`"5 r I„ .
'^'1^y+`l^^E 3it.y •w."f•''J h5
:`^3. (' ^1 tw5x^ j?: ^^^L7!rr
,7^: •65 ^^,_.•^tN' fiJ"•
Wfi J ;^.'. t;,t t5' • '+"i `! c t5p'P^^•i0. /'
,hY.4 w :5 !".e1f> @A ^.Zh>t '.. ` P?i`'v.`•S:1Ve:G p ti^k?t' 1 .re i ^b q^j", MrSme Al ly
12.5% MBT Credit from State
(MEDCIMEG.A)' to Develdper . ..$441,3.14.: .,
Reimbursement to Developer $225,830
Total Brownfield Incentives to
Developer $667,144

Future redevelopment plans for the Project Two Area are being considered.. Based
on potential project concepts, the redevelopment of the site will require the
excavation and removal of contaminated soils at .an estimated cost of $225,000. The
redevelopment of the site will also require additional environmental assessments,
site characterization, and the oversight of response activities at an estimated cost of
$40,000. The, costs of these activities are not included for reimbursement in this .
Brownfield Plan and. a future Brownfield Plan amendment will be requested.

-Captured Taxable Value andTax I.neinent Revenues.,


The LBRA, will th
capture tax increment _revenues from 2011 thxough-20B O. which
will be genarateby. tlieincreaseintaxable value. The following table,provicles a--
summary of the " anticipated taxable value and; the tax increment revenue which if
will provide: ' .e .

TaxYeat. e..ellicretaentALTakabl.6.Valtid j.ncreata 1Tax


2011 12; 446 1146'"'"
2012 $4;'941 ,
2013 $7,;486 $446
2014 1;10,081
2015 $12;:729 $7.58
2016 $15;430 $919
2017 $18,184 $1,083
2018
.2019 $23;860' $1,421

2021 .:e-,
2022 32-806 .. .
2023 $851,9,31 $5'0,739
2024 - "-.-$879218'. .43,3,431
2025 184' 4 90
2026 .. $935,489 - $35;569.
,...2027 e-e.
"- $36,670.
' -.
2029.
. _2080. .e'Le.- .

Thecuture.c.134 ' Premental ta-x-able value. an.d.associated tax increment-revenue is--


bases] on the 2(110 base value ofethe Property as determined by the City Assessor,
aia_&tlie actualinareaseLtaxable,value of the land and all future taxable-
uproven ents .on xhe PrOperty-during each year-of the Plan. Furthermore,-the- --
anaR44pf tax morement revenue available under -this Plan will be based i on 90%--of
the ctnal .rnillafge lrom evi edeannually
eloby each taxing-ju is diction
value resulting the rede v eligible antli
d e approved for
capture-r--All: "taxingIrnits-will experience- an increase in prop erty tax revenue that
when totaled is eqnivalent to 10% of the increase in. tax revenue of the property.
These funds are included iiithe incremental taxes captured The calculations also-
figure'-in. a'90% State Capture;"-Which alloWs reiMbursement for response ac-:Efviife-s-
s 9hool taxes p aid- The mg to the State ofl/lichigan.for
a Brownfield Michi ean Business Tax credit I _s

8. Method of Brownfield Plan Financing e. e Ti

The costs associated with the local and. state capture of eligible activities, listed in
Section 6 (Items 1-2) will be initially paid for by the Developer. The Developer will
be reimbursed for these costs by the LBRA utilizing 90% of the new local and state
taxes captured from the project over the twenty (20) years of this Plan. The current
7s

eloper:
estimated costs to beieliebie foi i.i6itabue.Lit ritlio Developer` are`' $225,830.
the actual capture is less than that projected. in this Plan, the total amount of
...: reirilbtifSeMent frointheLERAithe'Dev' `-$2 26; 8 30 Any '
additienaltarexenue caPtur' C d during thi:sBr OW '
n. Plan.7 to
'. ' . 'wi n
Eag''tsiae Armor Y, LLC tO fnllY '
Additionally, the LBRA will notreira "bru6es' the "ete:liopteir6for m.ore
r ' eteebD e itte-Ill
haFi ill1b:2Tib8el3ae0.t l.
to:nnplement and. administer the Plan
The L BRA , ,-5,;vffi provide fpancing. foi its costs
by uti.liznxg 10 0 offthe-local` taxes captured. I)ei', -rear fa-Ithe: cruiationOfthe Plan.
This expense is noted.it Section. 6 (Item 3) aboVe

9. Amount ofNote or Bonded Ind'ebtednes's Incurred


.. :
None.

10. stimated Impact on Taxing Jurisdictions ,

The following summary of,the, new t ax xeyenuea generated by the


taxing jurisdictioiig ; Whose millage is subject .to cap care by the ,LBB.Aiunder this
Plan These .Ar...eeOtib-ations 'based on the proposed redevelopment

Jurisdiction . . 90%-of New 10% of New - 100% of


Taxes Taxes to- Total New
Captured urtsdictions - Taxes
Collected
...-.... --c.o-,unty :ofInham .-. $9;Z02- - - $65,980
Regional-Aii itAuthority " . $4,.702 . : ...'$762- $5,464
-Capitol-Arai portation - $19,982 ' $8;289- '" $28,221
Authority, . a, r, .'..! z --': :

Capital Area District Library $10,493 :a


PotterP ark Zoo $2,7&8 .f ,,$44.'T:: -,-: . $8,20
CitY Lai-lei:4: . , $103,863. ., ;A„ $16.,831 ,,,=. i $ 6.84 f.i

. ,$2 D32 . -$2,03Z,.


. 'Lansing Coramumty College,. $25,.6Q8 . ., ,. $4,,150,,, $29 ,!1. 582
Lari.giies.6E66r- $b' $: id,78o $15,780,
u'-f="
'' Diriet Debt ' "
Ingham Interme Late Saida ' $31,584 .'
:District':' , , (,i . ; .,. :, 1 $ , 13-P.,., ,. .
eLtid's.18'OhdOl Crating T^it* -'i , $10;'980 116,1 g6, '' $106'.
-1,1'", .ft .
*With the)approval,of the Michigan Econoiraic Development
of the Michigan Economic Growth. Authority 'and:iMia "al
Resources and Envaronraent (MDNRE) for tax capture of 90% of the new School
Operating and State Educational TaiCe''Wilrbe reimbursed foi
Those values are then reimbursed to those taxing entities on a yearly basis.
i . ".-,) :.o t.i 1-p- :f --.,
, i i )1'
“,; 'L; ) i I x.1_.1 ,li

8
.11. Duration. of the Brownfield Plan
,„.unlessamended ,Uythe Lansing City Council, the Plan is antieipat .eakto.•remPir in
effect until the end of 2030.

12. Legal Description & Site Map

The: legal description of the Eligible Property is provided as Exhibit A.


A Site Map is provided. pn ;page 1,,
13. Personal Property

Incremental tax revenues resulting from new personal property will be captured in
the same proportions as real property. These fun.ds.will be used to reimburse the
LBRA. and Developer for eligible activities. The value of the new personal property
cannot be estimated at this time.
14. Displacement of Persons

There are no persons currently residing on the property.

15. Site Assessment and Remediation Revolving Funds

No Site Assessment and Remediation Revolving Funds will be used on. this
Brownfield Project.

16. Other Information.

The LBRA and the Lansing City Council, in accordance with the Act, may amend
this Plan in the future in order to fund additional eligible activities associated with
the Project described herein.
1


APPENDIX B: BROWNFIELD ELIGIBLE COSTS SUMMARY


Proposed Marshall St. Armory Development
300-Elvin Court Avenue
Lansing, Michigan
a:yi:. _.. S- ^,.y.
,c} ', ^;`..S=``=:.._
•ay.^J
_
a Y?-.. %i:;'° -
_^.-:.^4;^-. _ ..^.1 ,x-- :lit ..Y.!ii-Q
. . , :` 7,̀ n'^ .,.KI ^' = 5L3- - .U'4: . ';i.:u . , .N,;
...1•.`-•
,`
,a- :
._
.^^:ti -u.-3i .^:,G'Hi^:'• ^.. . : ^,i^S=. ..rs[
_ U 7:_•",„•3,i:-gib
.. ?4,'3f .. -- a-.0.•te n.ivy ^<:'ar .. c--.a. . '5. . : t!^•:' ^.:rCf.:7`•^ ._ -
- - -S. :r, ::G ^:t'•:- _
?• ;g ': _ to-, .:,';:y, .r ^ i. :;jam
- - ^f;^''

Vii. _ - ^Y-••..-;:. - ,'


" Zrr •%- r=. 1-r•:
_„ ' -
•^EDE1/6
, ; ; .uas, Fee> ::.. _. a : - ....:_,. . _ -^..::`O^
.;:
L
_. :_,:::> T.= •a - - ^ , -7ens <<xF .^ .-1 NE
- RENTENT lax<e'APT LJRE":? ^` TgC'T:A'iCCA TUR
--" . Y:

-arm - - _
- _f-'': .

_
^r,--
e
^^-rt
'-1'
-

T :-
tai'' ._^-.:-..c _^:;':
-?,
^^t ^=•
'-.
'g9:e2 =-';ir= ''.,•'
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_ _ .,.t

: '•P as t•:
=' ic:
^.- r>
_

+%
_ ^sa•-
ci`^°. ^7 Mme..
_yr %'_
,,,. aim': .yn. :t
ury
. C<: ^i-_ ti -
-..r:. : k": : ,✓r^s; r. :': .
^'_v ^; ` - ;,'::=`=r''^^' _ .zap,
In
.,..:,._..:; •a vr^,t: .^.. -^ :.:--` '•. r:,.. 1 'I.,:....r.S .a_: -,: 4 : e::1n..1r,.yyj ,: .:?i°!it!tNr^. na-•::: l. :y :. .ate-:,.^f :^rl 'sue
LOCAL TIE-Local MDNRE/MEGA T1F School
SEA"t
(1) Phase I Environmental Assessment (ESA)-AAI 61.4% $ 1,534 38,6% $ 966 $2,500
(2) Phase II ESA 61.4% $ 10,130 38.6% $ 6,370 $16,500
(3) Baseline Environmental Assessment PEA) •. 61.4% $ 3,069 38.6% $ 1,931 $5,000
Work Plans-
(4) Brownfield Plan 61.4% $ 1,534 38.6% $ 966 $2,500
(5)s'. Work Plan 61.4% $ 3,069 38.6% $ 1,931 $5,000
(6)- Work Plan Review 61.4% $ 920 38.6% $ 580 $1,500
u;cam S';' r - _ --,IF/' t r•' , - :,r,.,:,,
•s+. ' 7 5 -,r>fa
.;•' s_ U
- _ l ,^, :G^r."4's'• - _ %'_',M^•'i „ } r r... v ! .R`^
_ y.33-A00..:
_ 7iT4 r, .;:a3 .as^ _ rs=:•,.
es:,, a :SuLiofàlt"Eridiiorimen`ta:
f : cl!"tle'.s•-.!;. _ eil.f i`'! :, .33
-_ _. _ . ._.:.S)cd?::r. id^ ^.l a -,_6:.. n •: =20 :" MOD:13:i'b" =tom- i :fit'!3 :('2 -
Con
-. . >iin enc
.Y'L
_. _ 61 ... : : oq ar:- r - -
TOtaEnvlronmental;Retiviles
>:- ;. ..,:... ^;!;.::. .., ; . 6'1=4%
r $>,.. 3,295 +_,rj._386/ova $^^w 14, 655 r..? ,. $37,,950
Demolition
(7)' Building Demolition (Interior/Site) 100.0% $ 75,500 0.0% $ $75,500
(8) Abatement 100.0% $ 19,689 0.0% $ $19,689
Site Preparation
(9) Excavation and Grading 100.0% $ 59,185 0.0% $ $59,185
Work Plans- -
(10) Brownfield Plan 100.0% $ 2,500 0.0% $ - $2,500
(11) Work Plan 100.0% $ 5,000 0.0% $ $5,000
(12) ; Work Plan Review 100.0% $ 1,500 0.0% $ .: $1,500
.a..!`^•2:^9bPta Nn EPvlro^i m entafAcit'
Weis , : vlt es'y._F.t r 1^ 5x^ r IIDIOM S^^163 374 } 'motrQ rOr u$B,^4y 5 ,^T°,R ? y5 -^^ ^ ^^163i`3Z 4.., S 7 ^ ,
' „'c -:^ 11.. .1E=' : f,ss;aa-.. i#^ r `,', - a s^ :..^1^'^"'-';P_d: 7 ;^: 5'z1:74!
-^
-^ tin..9..It.^ns.:ut:e::^;.i-== c^.-: .i°x,,
. x=^•;r::'• :. ^.4<n,r._- - `•Cc'
_. a , . ttZ,j.C::^r:^ •'F<tl 1,_ ... ' 50 6: ; j ,
.:. CY;i^.}OiO.o
wt,
r : lo^;^^<
: : ^r^:::.. ., - -l-^,:^•.^^r.
-xn.
x. t!,^^,:: ate: r $za:3us E'V^ "^;_i
'::^::
;^:^` $ta^l
•-_•.I .Non`E'"iia'"
.... 0v rimen al_^_.AcOVtfles^ k ^?;^,;i'rt;'^_.,
,_._ , , _ -'•,•..r,--' -..':r':=.,r -i^ .,. ^? T1 0 0"9'0a.^: ,r r-r
2 :•AORTA t$..-'-?187" :t'-8a01. ! 1_.tU "r:>i,0
_....fr ., ^ ( kipEf.e §v $rte : ^.- - : i . = TOM. r-r
.i e.s§- J: b^, na 1: ^^^- Ti^iv ^ F, st d^.^ :^+^y k S. nru
GRAND TOTAL 93.5% $ 211,175 6.5% $ 14,655 $225,830
TABLE 2

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ans

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a-a an. 5000 j

Marshall St. Armory Redevelopment-MBT Eligible Investment: 08/20/2010


Eastside Armory, LLC
MITT Eligible Investment Site Improvements Restoration/Renovation
Land acquisition cost $ 200,000 $ - $ $ _

Hard Costs
Off-site improvements $ - $ $ - $
On-site improvements , $ '195,374 $ 195,374 $ 195,374 $
Landscaping and irrigation $ 15,900 $ 15,900 $ 15,900 $
Excavation and Grading $ 59,185 $ - $ -
Structures $ . 2,635,188 $ 2,635,188 $ - $ 2,635,188
Demolition and Abatement $ 94,700 $ $' - $ -
General Requirments $ 63,600 $ 63,600 $ 4,452 $ 59,148
Builder Profit & Overhead $ 174,903 $ 174,903 $ 12,243 $ 162,660
Permits/Bonds/Cost Cert` $ 18,500 $ 18,500 $ 1,295 $ 17,205
Contingency $ 325,735 $ 310,347 $ 22 ,926 $ . 287,420
Total Hard costs $ 3,583,085 3,413,812 252,191 3,161,621

Soft Costs
Architectural ?_. $ 114,200 . $ 114,200 $ - $ 114,200
Site Plan and Engineering $ 2,500 $ 2,500 $ - $ 2,500
Property Taxes $ 30,000 $ $ - $
-$
Accounting .$ 35,000 $ $
Legal $ 45,000 $ $ - $
Insurance $ 10,375, $ $ -$
Application Fees $ 28,303 $ ' $ $
Real Estate Fees $ .228,500 $ $ - $ -
Financing Fees $ 23,714 $ . $ - $
Title Work $ 15,000 $ $ - $
PUT Option Reserve $ 78,067 $ $ -$
Investor Return Reserve 83,067 $ - $
Marketing $ 26,500 $ $ - $
Construction Interest $ 177,859 $ $ $
Market Study $ 7,500 $ $ $
Environmental* $ 37,950 $' $ - $
Developer Overhead $ 32,000 . $ $ $
Developer Fee $ 740,000 $ $ - $
Total Soft Costs $ 1,715,535 $ 116,700 $ - $ 116,700

TOTAL DEVELOPMENT COSTS $ 5,498,620 $ 3,530,512 $ 252,191 $ 3,278,321

MBT CREDIT AMOUNT $ 441,314


PROPERTY BOUNDARIES, PROJECT AREAS, AND LEGAL DESCRIPTIONS

(CER7FED : OUNDARY SURVEY


PREPARED' FOR
GILLESPIE::GROUP:
2501 -'COOLIDGE: :ROAD; SUITE,,,501
EAST :LANSING,':MI , 45823

:;NEf-OCR.
SEC. 15
,_T4N , RZW
'L5iP.584.
I.C.R.

N 88532& W 390.06'
^G:.rvlc:LXC,^,; ss.-::a,ee;:^x,^s:..•;: = c?•tt
Z: N86'53'28 i^ L

r18 F" oIl

7...--';' -, 'di° - Id-


1112
w a .
gig !ff
BROWN INS. AGENCY-•
ADDITION TO THE CITY OF
LANSING L 4 P 15, ;,_

NCTE -LAND-DIVISION-CORNERS HAVE NOT BEEN SET AS OF 08/18/2010

ngineers "-
urvyor
'
m 48911 =
3`1_5,'Pme:' Ttce_Roid.5uitE D, Lansing,'_
'Ph:517-3,93-290 2 • Fx 617;393-26 08 '

'E , : IFED i NLDA RYSU Y.

";'PREPAREDr=OR:
LG,IL:LESPIEOGROUP
:250:1 ti CO OLIO ITE:'.:50'1
'EAST LANSING,-,Ml 48823
LEGAL DESCRIPTION:
PARCEL A
A parcel of land, being part of the Northeast 1/4 of Section 15, T4N, R2W, City of
Lansing, Ingham County, Michigan being more particularly described as: Commencing
at the Northeast Corner of Section 15, T4N, R2W; thence S01'44 '4,4 "W,. 1600.25 feet
along the East line of said Section 15 also being '`the`West •1ine'" of Adam's Addition
to the,City of Lansing, Ingham County, Michigan (Liber 4, Page 25) to the Northeast
cornerrliof Longyear's Addition to the City of Lansing, Ingham County, Michigan (Liber
2, Page 17); thence N88'5328 'W, 759.55 feet along the' North line of said
Longyear's Addition, the North line of J,B. Rayner's Addition to the City of Lansing,
Ingham;;' County, Michigan (Liber 3, Page 20), tithe North line of Brown 's Insurance
Agency" Addition to the. ;, City eofl;i'Lancing, Ingham County, Mrciirgon (Liber 4, Page 15)
and the North line of Rumseys Michigan ;Avenue Additlon ' to; the ,City of Lansing,'
Ingham County, Michigan (Liber. 2, Poge 12),i to the. ,.,East line .of Marshall Street (60
foot Wide public right !of way); thence N01'4341 ''.'E 37750 feet along' said East line,
to the point of beginning of the following ,described parcel; thence continuing
N01'43'41 "E, 125,50 feet along said East line; thence 988'53 '28 "E, 31383 feet;
thence 501'30'42 "W ':260.68 feet; thence 503'46 '04 "E 77.91 feet; thence
;._. N88r53'28"W,,.202.98 meet; thence N01'00 '25"E, 212.81 feet; thencea N8853'28"W,
116.65 feet to the Point of Beginning. Containing 1.87 acres, more or less.
PARCEL B
n'k,parcet of land, being' part of n itre Northeast '1/4 of 'Section 45, T4Nr R2W, City of
Lansing, Ingham County, Michigan being more ' ' particularly described es: Commencing
'attire Northeast Corn er of Section 15,1' T4N, R2N;; thence SO1'44 '44"W, 1600.25 feet
along the East line of ,said Section 15 also being the. West 'line of" Adam's Addition
to`''the City of Lansing, -Ingham County, Michigan (Liber ;4, Page 25) to the Northeast
corner of Langyear's Addition`°to, the City of Lansing, Ingham County, MMfichician (Liber
2, Page 17);: thence ';N88°53'28 "W 1389 49 `feet -along the } North c`fine of said
Longyear's Addition anon the North line of d.B,Rayner's Addition to the, City of
Lansing, Inghami Countyi Michigan (Liber 3, Page ;20) to the ,point of beginning of
the foflowing;,descnbed arcel; thence' continuing N885328 W 390.06 Meet along said
North-Me, and 'the-North line. . 0f Brown 's 'Insurance Agency Addition to the,; City of
Lansing,'' Ingham 'County, "Michigan (Liber `4, Page 15) ,and the North line of f C,',ymsey's
Michigan Avenue Addition' to the City of Lansing, ingharn County, `,Michigan i(Liber 2,
Page 12) to . the East 'line of Marshall, Street (60 feot wide 'public right of way);
thence N01 43'4,1 E,._377.50 feet along ':said rEast line; thence S88'53'28 E, -. 116.65
feet; thence S01 00'55")V, 212.81 feet; thence 588'53 '28"E 202.96 feet, thence
:N0346'04"W, 7,7.91 feet4 thence N01'30'42 "E, 260.68. feet, thence, S885,;'26"E, 74.33
feet, ;.thence ,ee 50238 .. feet;'to the Point, ' , of, Beginning " Containing 2.62
gores, more or less
tge
Bearings were based upon the legal description,,of record for-the overall parcel.

CER71FICATE OF .SURVEY
I, Wendy S. Fuller, do hereby certify that thin survey Was performed under my'- direct eirpervielon and My com ilea with the requirements
of Public Act i32 of 1970, on amendod, that we have verified or established the corners of the.parcel as Indicated, and that the ratio
of clorarro of The unad1ueted field .obaervatlen In no greater than 1 part In 6000,

Wendy S: Fuller
Prat .n onol Surveyor No. 47999
If the dgnabire and seal appeain4 on chin survey ore net original, the survey is an unouthori ed capy that
In presumed to:,WWRtalq;91tstalifle. The=eerO9cotiddacbritelned on unauthorized caps shall be null and told.
*Wm BY
Erlgmeers .4 nisteMe:.Rar . Oe¢WI s
WSP;.,.
Surveyors R REGCeaaa.:/,uav sr ,Cittd0e 9Y l<R
135 Pine 2xee Road, Suite D„Lansing-i JT 46911 e FVwro cuReur',o wr urm,: PROJECT ,N 0 > 04.2219002
iJ h'5^7 393=2902 1!s 517 393- 2605 0 rE JUNE 17,x:2010, sHEErNO ., r ^ i.)., OF 2
` .. eu' SED: 07M/2010, neflo/ioio

Fir^stAmericarz Title Insurance Company

SCSEDTJLE A

COMNIITMRNT NO.: 092948


1, Commitment Date: 11/09/2009 at 7:59AM

2, Policy (or policies) to be issued:

a. ALTA Owner's Policy Policy Amount


Proposed Insured: TO BE DETERMINED $ 200,000.00

b. ALTA Loan Policy Policy Amount


Proposed Insured: $

3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date, by

Michigan Department of Military and Veterans Affairs for the State of Michigan

The land referred to in this Commitment is described as follows:

Located in the City of Lansing, County of InElaem., State of Michigan, and is described as:

A parcel of land being part of the NE 1l of Section 15, T4N, R2W, City of Lansing, ?Ingham
County, Michigan, being more particularly described as: commencing at the NE corner of
Section 15, T4N, R2W; thence South 01 degrees 44'44" West, 1600.25 feet along the 'East line of
said Section 15 also being the West line of Adam's Addition to the City of Lansing, Ingham
County, Michigan (Liber 4, Page 25) to the NE earner of Longpear's Addition to the City of
Lansing, Ingham County, Michigan (Liber 2, Page 17); thence North 88 degrees 53'28" West,
369:49 feet along the North line of said Langyear's Addition and the North line of J.B. Rayner's
Addition to the City. of Lansing, Ingham County, Michigan (Liber 3, Page 20) to the point of
beginning of. the following described parcel; thence continuing North 88 degrees 53'28" West,
390.06 feet along the North line of Brown's Insurance Agency Addition to the City of Lansing,
Ingham County, Michigan, (Liber4, Page 15) and the North line of Runnsey's Michigan Avenue
Addition to the City of Lansing, Ingham County Mieh'gan, (Liber 2, Page 12) to the East line of
. Marshall Street; thence North. 01 degrees 43'41" East, 503.00 feet along said East line; thence
South 88 degrees 53'28" East, 388.16 feet; thence South 01 degrees 30'42" West, 502.98 feet to
the point of beginning. .

Commonly known as 300 Elvin Ct, Lansing, MI

Diversified National Title Agency, LLC


500 E Michigan Avenue, .Lansing, MI 48912
Phone: 51 7332.1449 Fax:. 517332.1456

Schedule B -Section II -.2006 ALTA Commitment


EXHIBIT B

PHASE II ENVIRONMENTAL SITE ASSESSMENT SUMMARY AND SAMPLE


LOCATIONS ::,.
PHASE H E ivirm zffiental'Site Assessment Summary -

Soil and Materials Engineers, Inc. (SHE) prepared this letter to ::summarize our Phase II
Environmental Site Assessment (ESA) activities conducted at the rabove;referenced ..site
(Property). The Property is located at 300 Elvin Court,'u Lansitig,,Iugham County, Michigan.
The Property consists of approximately 4:49 acres`'of-land (developed with an approximately
41,000 square foot, two-story building located on.tlie 'central -portion of the Property.

and. conclusions. are. summarized in the sections

SME completed the following scope of services for this Phase II ESA:

1. On. January 8, 2Q10, SME advanced 12 direct push borings, labeled SB1 through SB12,
and two band auger borings, labeled HAl and HA2, at the locations depicted on Figure
No. 2 in Attachment A. The soil borings were advanced to depths ranging from 8 to 15.
;feet below the ground surface (bgs) The hand auger borings were advanced to a depth of
;<two feet bgs.
2. SME submitted 13 soil and five groundwater samples from the Property and submitted
the samples for chemical analysis for volatile organic compounds (VOCs),polynuclear
aroma tic hydrocarbons (PAHs), and -10 ,Michigan-Metals (arsenic, -barium cadmium,
chroniiim `'copper, _lead mercury, selenium, salver and zinc) One soil sample (SRI 1),
with total lead concentrations greater ithan75 rrmg/kg, also was submitted for chemical
analysis of lead as fine/coarse fractions in accordance with the Michigan Department of
Environmental Quality Remediation and Redevelopment Division's (MDEQ aRRD's)
erational Memorandum.rNo_ 2 dated :October . 22, 2004.r Fibertee P,rnvironm-ental
ervices(Fibertec) of Holt, Michigan provided. subcontracted laboratory services- The
laboratory analytical reportand-chain-of,custody is attached.

3. SME compared the analytical results to Michigan Department of Natural Resources and
Environment (NfDNRE) Part 201 Generic Residential Cleanup Criteria (GRCC) dated
January 23, 2006. Table 1 and Table 2 (attached) present the chemical analyses results
for soil and groundwater samples compared to Part 201 GRCC.

FINDINGS

VOCs/PAHs
No concentrations of VOCs/PAHs were measured above Part 201 GRCC in the submitted soil
and groundwater samples.

Metals
At SB1, arsenic was measured in soil, and silver was measured in groundwater . above the Part

201 Generic Residential D'wp. andGSI'Critexia', SB1was located on-the northern portion of
Property. At 07, arsenic, barium., copper, lead and silver. were measured in groundwater above
the"Fart 201 Generic Residential, DWP and'GSI Protecton Criteria SB7 was located in the
paslcinglot on ' the, western!' portion of'theeProperty, At SB8, arsenic, l^zereury and4selenium were
in `soil t `azid barium, scapper, ;lead and silver were zrieasured in 'grouridwater above 'the 'Part 201
Greneric R esidential DWP and GSI Protection ' Criteria SB8 wa,s 4 also `located in the parking lot on
the western portion of the Property.' At SB11, arsenic was measured in soil above the Part 201
Generic Residential DWP and GSI Criteria. SBI 1 was located on the southern portion of
Property. '' At SB12 arsenicandseleniumwas measured in soil above thePart201 Generic
Residential DWP and GSI Criteria. SB12 was 'also located on. the ' southerr portion ofthe
Property. Chromium IV was measured in all 14 soil samples above the Part 201 Generic
Residential GSI Criteria. The'sample locati9nlocation s a e sh own on Figure 2 of Attachment A.

Based on the results 'of SMB's Phase IIPSA, the Property ss eets'tla defirixtioii' of a `-facility" as
, 201 of the Natural Resources Environmental Protection Adt,' ,Pub c' Act 451 of
defined by Part
1994, as art e4lcle 3 (I EPA). y, „ E.

Ira. .ie ocess of obtair ig ii zmationm prn of s report SIVlE^followe^l procedures


that re Present current reasonable"and°'accepted :ezlgirleermg and ydrogeo ogical practices and
principles, in a manner consistent with the level or care and -skill oi;cinrily exercised by
meiibers of these professions: 'r

S1VIE understands Bastside Armory, LLC wall rely, upon the professional options and
representations'contaizied iri flus report'in accordanceiththe,terms and cor?difioiis agreed upon
for the project. This relianceis "not°to ` be construed as a:wai^ranty or guarantee on the part of

TABLE 1
SOIL ANALYTICAL RESULTS
' FORMER MARSHALL STREET ARMORY
300 ELVIN COURT
LANSING, 071CIIIGAN
SME P1'IJect No. LE60548A
1'ngo l of 1 .

A I1zeJ C.:
oustlh0euts -"'.':' ,61nF.ll Pell201 Cenerle nesldnill7m0 CUtumcrUn11 G roins a.,d Screening Levels
S 11 Id OR Iln,
Snns_s h ln(er i, t urd Dille C 011ccied
s
., .-:..:..0.2.00 ,. `^ a ^.
"' 00 060,00,00w. 13. ,•1.. r10}r:^1, ui:✓Ft '.L•I.S.,n 1.. 1x.4,1, wt,,.... {vl' 7rf w r.,zer a+,...: u. pl;1 ^l.t 0<IR ?•l. .r ...a •-lis4.1 rli}..i !}r >:^^r. _ .:$yra• L'vl ',e, ' z.. ^.6 .a A,x.J 0.10100010-s--00-3011-000:08.001614,00
....:.. ---• '°•^-°•. Drs -d<lug Water CS75 hir e d MIL ' 8b2 c SD3' SUd ' I SB
f,- G 566 _". bupli<nlc S09 SDID SDII 8012 IiAI HA2
Condhuenl Prdtec0 i Crdlecli i 1 C ulna 4051 4 5' 1 -2 T-D 25 1'-2' ISMS 12 1'-2' 1 Z' 12' 1'-2'
Criteria CritorI Clitoris - : ' -
. 80: 11812010 11012010 1/S/2010 IB/2010 11811010 11812010 1/8/2010 7!412010 1/8/2010 11812010 11811010 . 118/2010 1/1/2010 1/812010
,0"
.-:.. ,k)r' 9s,c0536',6S x 41 -
Dlh r\OCCo sl I a - - WttC- IL S. ' <RL
PAN - 4. a ♦_ 1].!0 300101005000 67 7 x 001,000160g. '00'
f 50' MOLUeElEgEMS
^
OII - e PAH C 0w is V/wC
" VAvC. VAvC.' - ®^ [ I ® I ^M ®® ® ® ®
"d u -v ldorennles,..Jal, i t 5 1 ;=-, i ,=;. 1`v.'n ESMEHIWZSE I ^^..S-An- Ya' 1.; •s-fe,i^ rl;re,-i k9 s3_ 1 :y,Y - ITEM
A nnc - 7440,38-2 5;800 23,000 7,600 5100 3,900 2,300 3,400 2,400. 4,500 4 700 5 700. .4,500 3,700 4,80D 0.800 4,600 3,700.
'. 0miunt e 79.1079 . 3' .1700,1100 190,000 37,000,000 46',0)0 31,000 62,000 37,600 14,000 39,000 120060 160,000 37,000 36,000 53000- 79,000 34,000 35,000
Cedmium• 7440-039 6,000 3,000 550,000 120 150 99 57 65 300 290 95 89 390 1130 86 88
83
ClnmNumYl 18540.29-9 '30,000 3;3011 0 ,500,000 .15,000 9,000 13,000 11.000 4,900 IS,OUO oootia 15,000 10,000 70;000 02009 12,000 - 6608 9,600
Copper' 7440-50-8 5,800.000 73,000 20,000,000 13,000 11,000 7,100 11,000 .6,100 13,000 1900 16000 12.000 12000 15,000 9,100 8000 10,000
Lead (Into!}' 04399251 700,000 2,500,000. 400,000 15,000 5,400: 9,000 4,700 3,100 8;500- 22,000 69,000 5,100 5,200 85,400 16000 12000. 7,500
-end (fine frncUOlU -0039-92-1 80: 400,000 NE NE ` NE NE' I -^. NB - NE NG 1^8 - NE' NE ' - NE NE
Lrntl (co0rse facl 743992-1 "^n Jao NE'
400,000 ... NE NE NE NC NE NE NE- NE NE; 0 NE NE NE
Muocry (IOtaO Voiles aop -,4 a eo,ppo 23 50 02 0
Selenium ( 778.49-^ . ;4,000 400 2,600,000 23 '.+ 0"00 340 '200 ',' 200 380 • X700 790 0"190 0200 390. 520. 478 001'
Silver s 7440-22-4 s 4,500 48 100 2,500,000 I00 -0"l0 p 0100 0100 g0lr <100 0"100.. <10P` I00 0100 -100 0100 0111O
1 7440:66-6 b 1,400.60(1 •- 170,000 ... 100.000.006 .- 32,000 .,:25,000 29,000 73,000 17A00 33,000 68;000'. : 46000 36,000 27000 _84000 36;000 31,000 .:26;000.
1- Ano114Ic I h- eo pared l h1DEQ 0-i I p ted l /,6<1 sI,, R01 i'nr l 0101 E simn ninlnl R c 11000^^,
086001, Ines OJCnvi en11Protection Ad 1994 PA451, ' If lh 1 n Iy122000
2. Conccnlrall 900 di 006 (p d p0 billion 0r 1110). }. 8040:540 ,'•;"
3.'00Slnrol 1 sal I lydr r Ilm166160.0 n0eteI nolr,d MDEp6p4,1 r o 0fo 1 I I g,G81,A detwdl:mlc imtdne vnlue or 130 MAN. C0C03 rvnc Cued to eetcut to ask-" t
Resultsn pros I dfr sur)renplcrecetsin Ebodies thmaro piolrefed eie ddni6n h mlcrcource.
4. VAC- Vnrite0Hh cam io,nn t:
5.00(01) ^ Result was less than Or lnboratcry rep0/106 (lmlu. - - -
0. 510ding lndlceles the 010.6vp cdl%da exceeded end Inc larrcspoedlnp nnarylial result.
7. (D). Calculorcderiteriav =weeds 100 1,0..00 hence Il is r0Jueed Id 108 percent or 1,000,000,000 ppb. -
I.70gc1 "000e eoneenr,dltm0e were olm e0mpa,0610 ('.0201 gmumlnaterennlnel prolrelion, foil sohollIlnallan 10 indoor air, anloleol air rind paOICUIn1asOB Inhalalian cdldin (nol lilted innl0we Inble);the mansuled cone enlmliord rid rrol .seed Ihlsmlcm.
9. NE. Cdlerion 0010.ldcled.
IO.NA-Less lh a
nrnegr0010fflnefraction Di llic eiyeunalysisof fine/coarse lend.
I I. Criterion was above the stntewide default bockgloutd level tor g
amic. 7(0271000, the criterion dersultsl9 the xlulewlde bncllground lore!.
12, 50 -Criterion or 1niue is not 50011,1ie

TAuLo2
GROUNDWATER ANALYTICA L RESULTS
FORMER
^^ COURT
LANSING, MICHIGAN
ShO Project lq Q-
LE60548A
nng" I of I

ced .0 (lieu Is ' : ItIDEQ Paw 291 Generic ResIdeollullindosIrInI Clcnnup Crller.fo .d &caching Semple' Screen Depth. and CoMeclien

5132 7! i FIELD BLANK" TRIP BLANK=GW


urriber D.InkInipAl.t^r .t . Corr ocr SeI 61116,
imI2010 118tFii1lo 1/8 010 :

ulna VOC Constituents

RaIRRIUM
A rsenic ,7440.3vi 10 4,309 O&M
NA: E:
Cpdmiinn ., 1 , 7sso-s ,3:91 Now HE
2.
WE NE
1,000 (E) WE NE!,
MTV j
:o
7782-49-2 50 970.000 NA
Zinc 8 6:=
74
4400 17()
oo^ .
f S 1*
1 0.21 . - WE ME
7440-60-6

t. /ot,'AittE..rie;;'t6 .;d-t. D OQ.l cria pn.erttOd .Ad InrSt.breltulerforPan201,D


1 • - '.';• ' ' ctncthnml._
vtromnentnl " ,
Entionuneptal Protection Alit, 1994 PA 451, ell'ecllve 23;2606. . `:
- pp pa per =or
- '3. lb "Inatletinotc data to develop criterion. !
4. (El .. Grilcrion is the aesthetic drinking water value
5.(DI ) .. C111colatca crkerion i3 helm the tnnlytiol Impel detection Unlit, Iltetr.fbre. the ctilcrion erelhults t.tg.l 4414=09 4
.0446chntions Iv= also corn.ixxed to Pan 201 groundwatcr volalilizelIan kind= aircrileda (not listed in above table); the rnearured eoncenlratimn tut' ost fhb ...its&
7. WK. = Verbs .Ith corullttrenl.
8.(<RLI Resell was Um labonocny Omits.
9. NA , orrolue is not available. NS= Crlkvion not tvaloa led.
10.Shading the cleanup exceeded and the corresponding result.
1 I.18 OSI Acts tsluulnteti for II eindImied rnetats osioa IdDECI sprearl.t for.Icola ling DS). A d era t macshapless valoe of 150 ntglkg us CaCO3 caeulasc GM.
Resolb pnneotcd Ibr =Ace water ...calving boas thatrueprotected ~~~~^"eater ~~~
12. 1.1• +The real' ic an egininied value, but tb-any be blend -

RESIDENTIAL . LCC SCHOOLS SPORTS COMPLEX


DWELLINGS.

MARSHALL STREET

ZO

QmMMWWWAke

^ ^. *12-2m^
bay city ,
- JAB SAMPLE LOCATION.DIAGRAM,
Designed B y
FORMER MARSHALL STREET ARMORY
S.M.

toledo MICHIGAN
Noted
LANSING,
ELIGIBLE'A.CTIVITIES DEFINITIONS AND REIMBURSEMENT PROCEDURES

r
EXHIBIT 'C.: ..Eligible Activities Definitions
Se -Reimbursement Procedures

LANSING i3ItO VVNFIEL,D REDEVELOPME


AUTHORITY .
ELIGIBLE ACTIVITIES .DEFINITIONS AND: GUIDAN(,.L+
ANh
RE IMB URSEMENTT.'PROCEDURES
ADOPTED FOR REIMBURSEMENT OF LANSING .Ri OUSING-CO ISSION

The Lansing Brownfield Redevelopment Authority ("LBRA") will be governed in its


determinations as to whether activities are eligible for reimbursement or financingamdere
the Brownfield Redevelopment Financing Act, 1996 PA 381, as amended ("the Act"), by Lthe
deflation both set forth and those incorporated into the Act and by relevant rules
promulgated as part of the Michigan Administrative Code governing "eligible activities" -_:
referenced in the Act. The LBRA may also consider guidance and memoranda issued by
the Michigan Department of Environmental Quality ("MDEQ" .and the Michigan
Economic Growth Authority ("MEGA"), as they may relate to "eligible activities" and
supporting documentation provided by applicants for LBRA funds.

"Eligible Activities" are defined in the Act as one or more of the following:

Baseline environmental assessment aeti 'ties.


Due care activities.
Additional response activities:
Infrastructure improvements that directly benefit eligible property,
Demolption of struct res that are not response activity under Section
201 of the Natural Resources and Environmental Protection Act, 1994
PA 451, MCL 324.20101.
Lead and. asbestos abatement.
Site 'preparation that is not response activity under Section 201 of the
Natural Resources and Environmental Protection Act, 1994 PA 451,
MCL 324.20101.
Relocation of public baildAngs or operations for economic
development purposes with prior approval of the Michigan Economic
Development Authority.

Baseline Environmental Assessment Activities

"Baseline Environmental Assessment Activities" are defined in the Act as those "response
as part of a " brownfield plan" that are necessary to complete a
"baseline emir
' onmental assessnient" for an "hgi iie,praperty"bs the "browiif"ield plan".
"Base iiae" Environmental Assessment"
,,,:., ("BEA") is defined in Section 20101
(1)(d) as An oval nation of envi ronmental conditions which exist at a facility at
the time of^p^urchase, oaccupancy, 'or foreclosure that reasonably
.. defines the
exi stiaa conditions a^ad. `circuxYistance at the facility so that, in the event of a
subsequent release, here is a means of distinguishing the new release from
existing contamination.

Due Care Activities

"Due Care Activities' are ct^i"inesliai the Act as those "response acts ities" identified as part
- of a'"brewnfield plan at are necessary to allow the owner or operator of an "eligible
property" 'na the plan to comply with the regmremerlts of Section 2010'7a of Part 201 of .: .
N P2.

ection.20107a o Part 201 of NREPA provides in relevant part as follows

A person who owns or operates propertY4hat he or she;


has knowledge is a facility shall do all of the following
with respect to hazardous substances atthe facility:

Undertake measures as necessar ' to prevent


exacerbation of the existing coutarniaiation.
Exercise due care by undertaking response activity
necessary to mitigate unacceptable exposure to
hazardous substances. mitigate fire and explosion
hazards due to hazardous substances, and allow for
the iiatendetl use of the facility an azmanaier that
protects the Public health and-safety.
Take reasonable precautions 'against the reasonably
foreseeable acts or omission's of a third party and
i.;. ,
the consequences .
thatforeseeably could result from
k Vi , t I..

those acts or omissions.

Compliance with this section does not satisfy a person's


obligatiozx to perform response activities as otherwise
relluiredunder this Part.

"Additional Response Activities" are defined in the Act as those "response activities" a
part of a "brownfield plan" that are in addition to "baseline environmental assessment
activities" and "due care activities" for an "eligible property".

"Response Activities" are defined in the Act by reference to the definition ,in Section 0101
of Part 201 of NREPA.

"Response Activity" is defined in Section: 20101 of Part 201 of NREPA aS i'i,


"evaluation", "interim response activity", "remedial action", demolition, or
the taking of 'other actions necessary .to protect the pub.lichealth, safety,
welfare, the environment or the natural resources. Response activity also
includes health assessments or health.effect studies carried out-underthe
supervision, or with the approval of, the department of public health and.,
enforcement actions related to any response activity.

"Evaluation' is defined in ;Section 20101 of Part 201 of NREPA. as hose


activities including, but not limited to, investigation, studies,•sampling,
analysis, development of feasibility studies, and administrative efforts tliee l
are needed to determine the nature, extent, and impact of a. release orrthreat
of release and necessary response activities: ;,

"Interim Response Activity" is defined:in Section 20101 of Part 201 of


NREPA as the cleanup or removal of a released hazardous substance or the
taking of pother actions, prior to the implementation of a remedial action, as =
may be,necessary to prevent,tminimize, or mitigate ":
health, safety, welfare, or the environment. Interim response actxvi.t' y also
includes, but is not hnuted to, measures to limit access, replacement of water
supplies, and temporary relocation of people as determined -to `be necessary`
by MDEQ. In addition, interim response activity means the taking of other
actions as maybe necessary to prevent, ixihW he r mitigate -a threateixed
release.

"Remedial..Action" is;definedin `Sectian 20101 of art20 ofNREPA.-t


include,but
,^' is . n of muted to, 'cleanup,: remo al , ritaxnxxneixt,
co xsolatxon,
estruction, or4treatment of.a:hazardous substancereleased or threateaied fo
e :released into: the enviroxi ent,imonitoriug, main tenance, or the taking of`
other-:actions that may be necessary to prevent, iiuxumize or it itigate lury
to the ,public health safety 'welfaz e :onto 'e environmient

Infrastructure Improvements

Infrastructure Improvements':.'=is:definedin the Act as a street, road,•sicl.ewalk, Parking


facility, pedestrian mall, alley, bridge, sewer, sewage treatment plant, property 'designed . to
reduce, eliminate or prevent the spread of identified soil or gr'o'undwater 'coritaminatioia;;.'.:
drainage system, waterway, waterline, water storage facility, rail line, utility line or .
pipeline; or other similar related structure or impr.oventezmt, together with necessary
easenieuts;for the,stracture or iniproveinent, ownodior>used by it public agency or '
functionally connected to similar or siipportingpropercy'owned or ,used ,by a= public agency,
or designed or dedicated to use by, for the benefit of, or for the protection of the health,
welfai e, ;ar: safety of;the public gener>ally whether.or'not Used* asmile business or 'entity,
provided that nay road, street, or bridge shall be continuously open to public access and
that other property shall be located in public easements or right-of-way and sized to
acconumovate reasorablyforeseea'blendeve'lopment'iof eiig ble property';in. adjoining areas.

Brownfield Plan and Eligible Property

"Bro vnfaeid Plniz"; is, definned,in the ,Act as a plan that meets thwrequiremez is of Section 13
of the Actand is, adopted under Section 14>of the,Act

"Eligible Property" is defined in the Act as property for which eligible activities are defined
m der a browm.fi'eld plan that was used or Isscurrentlyused furled z^mnere gal,'>iudastrial or
residential purposes that is ,either hi a ;qual fledlocal.unit ofgovernment and is a facility,
functionally obsolete, blighted, or is not in >a qualified local unit of government and is a
fac lity,,and includes parcels that are adjacent or contiguous to that 'property lithe
development of the adjacent and ee tiiguous parcels _are'estimated to .increase the captured
taxable value of that property. Eligible property includes, to the extent hicluded in the
browuf.eld plan personal property located on the property. Eligible property does not
indocile qualified agricultural property exempt under Sectioni7ee of the `general property
taxsA.ct,1983PA 206, MCL,211.7ee,from the tax levied by a local school district for school
operating purposes to the extent provided urader Section 1211-of therevised'` gchool code,
1976 PA. 451, Ii,1CL 324.20101.

ADMINISTRATIVE R ES

Baseline Envirenmental As ses.stnentf Rules, ,t, t:

Baseline Environmental Assessment Rules have been promulgated.as Rule 901 through
Rule 919 of the lidichigawAdministrative ,CodeR_299 5901 to ,g2299 59,19>effective March 11,
1999. MDEQhas alse puhiis aad guidance>on BEAs entitled "Instructions for=Preparing
andpisclosing BaselineEnvironmeirtal Assessments and. Section 7a Compliance Analyses
I o„Xhe lbf ichigan Department ofE1avironmental Quality sand for l2egaaest g5Optional
DA-terminations," effective date lVlareh 11 1999 (iiinstructions".):, Th.e liBR !may take into
consideration whethe an applicant's,pr,,op.osedractivities-Ffalltwithin.activities reasonably
contemplated by tlz'e Act, Rules and. Instructions, as they may be amended, and other
guidance as may be issued from time to time by the MDEQ.

The BEA, Rules, mnd Instructions reflect that in addition Ito, collecting ,data Co distinguish
existing contamination from a new release, numerous forms, affidavits, notices, stipulations-
and administrative review may be part of the "BEA activities".

The data required to distinguish existing contamination from a new release maybe
tilt oughone or more of the following: environmental data that characterizes conditions at
the property, engineering controls, isolation zones or stipulated conditions. Such activities
as the collection, development, revievv. and presentation of-this data may be considered to::
be "BEA activities" Fees required to be paid to the State of Michigan pursuant to the'BEA
Rules may be considered,as eligible activities.

Negotiations with the 1VIl3EQ regarding the adequacy of theBEA, notices, determinations
and related documentation may be considered "BEA activities".

Preparation of various forms contemplated by the BEA Rules and Instructions including,
butnot limited to, the BEA form, Section 7a Compliance Analysis form, Notice Regardinng:
Discarded or Abandoned Containers form, Disclosure of a BEA form, Affidavit in Support
of a Disclosure Relying on. Isolation Zones, Engineering Controls or Other Similar Featd res
for a BEA, Petition for a BEA Determination, Affidavit in Support of a Petition fora BEA,
Determination, Affidavit of Environmental Professional in Support of a Petition for a BEA
Assessment Determination, Affidavit of Environmental Professional in-Support ofa
Petition for a Determination of Compliance with Section 20107a, form to Cure Deficiencies
in a BEA Assessment, Affidavit in support of Information to Cure Deficiencies nia BEA,
Submittal of Post-BE A Infor-mation, Affidavit in support of Submittal of=Post:BEA
Information, may be considered "BEA activities".
Construction of isolation zones and engineering controls relied on'for the BEA maybe

Due are Rules have been promulgated as Riile1001 through Rote 1421 ofthe l^chigai
Administrative Code R299:51001 to R299.51021 effective March 11, 1999. The 1V7DEQ lies
also published Instructions for the Notice Regarding Discarded or Abandoned Containers
required by the. Due Care Rules.

The LIBRA xmay take into -consideration whether an. appYieant'.s 'proposed activities -fall
within activities reasonably contemplated by the Due Care Rules'and Instructions = as they--
may be amended, and other guidance as maybe issued from-timeto time by, the IV.iDEQ.

The Due Care Rules require certain owners to take `response activity" and to provide
"notice" with respect to contamination that he or she hasknowledgeis emanating from,. or
has emanated from, and extends to or beyond, theboundary=ofthe property that he or she':"s
owns or operates. These Due Care Rules.apply to, among other things, certain discarded
or abandoned containers and released or threaten releases of hazardous substances. The
Due Care Rules require that documentation be maintained regarding, among other things,

an:evatluation,of'exposure pathways, the concentration of hazardous°substanceslo which a .


person maybe exposed, a deseription of response 'actions,ta'keni or to`be taken ands a'ecorcls :::
documenting response actions taken. Activities undertaken to fulfill these "response
activities',"notice ,and documentation , reciun ernenits° ,may be considered 'due' bare '
a etivities,',' . a ;. ' FO

The Due Care Rules impose detailed'o'bligations upon certhm`ov ners 9to pr'event
g p ctriarlywith respect to certain^ 'aboveground
and beovv grotxnd
o t `
.: ^ ''aactivities. Activities
co^ainaers ancludin^gnotieeoblrgations t and response
undertaken to fulfill these "response activities" and notice obligations may be considered
"due care activities",. s: ,
The Due Care Rules also require activities-to' mitigate) unacceptab'le exposures'incind izg"
exposure evaluations, response activities and notice to potentially affected persons such as
workerss utility workers; easement holders and owners of stuneralirights, among others
The Drie Care:Ra lees require mitigation of fire' and 'explos on #liazards'and certain notices'
with-respect to such hazards. fire addition`the R.ulesrecquii e notice of , co ataanin.ation'" '
migrating beyond boundaries ©f the?owrzed pi[oper.•c' Sueh mitigation, evahiation arid
notice activities may be considered "due care activities"

Response Activity Rules

In ,addition to theBE.ARules_ arid Due Care Rules which discuss, certain Response
Activities, Rules ,ndoptedsrunderBart:201:of;N - ErA-may prolu. deguiclance for `•resp'onse
activities" s...

AIDEQ has issued ,draft rules for Part 201 Administrative ',rules adopted sunder Act 307
(predecessor to Part 201) entitled Administrative Rules-Environinientaltontamin'ationa i
Response Activity are also available as guidance on "response activities". The draft 201
Rules and the Act 307 Rules are available on the 1VJDEQ Internet site.

R uRsEm'ENTPR,®CEA ,TJRES - COSTS TO BE RE °'s TTRSED NTH


mcr
u NAi
i RrvEr,l:!EL7 j" ^•

Brownfield Plain Contract

Upon appr.oval• of a Bro_`wnfreld Plan for eligible twoperty or the inclusion of;ad.ditic nial
parcels of eligible property in a°Brov nfieid Plan{wheye:1h owner /opei ator proposes do
seeks •embursernemt
i of costsfor_ eingil le actiiviities :at: iigibfle property, the L-BR:A niay; ;
require the owner/operator to enter into a contract with the '' specifying the rights
and obligations offthe parEies, terms and cozy'ditions`.andschedules goner ingti ekcaptu^re of
the;taxes. requests' ,for=rezrnhiu'senzent rem,ircri 41. ' zrcaztatnon; ydetert nxzationayof`eligible
activities, rei bursen1 -at process and dispute resolution. s
Documentation, pf ,Eligible . Costs

Parties seeking reimbursement of costs of eligible activities attributable to'eligible prope'r'ty


should submit to the LBRA requests for reimbursement on a monthly basis. These
requests should include the following:

Reference to the Approved Brownfield Plan and parcel.


The total 'amount of the current monthly reimbursement request.
The total amount of the reimbursement requests soughtto date
pursuant to the Approved Brownfield Plan.

ielendfication of each eligible activity as a line item, the ass'ociated


costs, with copies of detailed invoices for the eligible:. activities„and
proof of payment. (Parties seeking reimbursement should request
detailed billings from contractors splitting out fees „ andcoits of
eligible activities from other services).

ether information•and;documentation that may assist theL'B ,.in -


determining whether the costs are for eligible. activities.attributableto
an eligible property and that the costs are reasonable. This
documentation may include evidence of a competitive 'biddingprocess
and/or evidence that the costs are for eligible activities.

Certification by an authorized representative -of the party,seeking


reimbursement that a) he jorshe has reviewedtherequest for
reimbursement, b) the costs are for eligible activities attributable to
eligible property, c) .•the request is for costs incurred and%paid.and d)
he/she is authorized to seek reimbursement and to make the
certification on.behalf:_of the-party 'seeking rein bursen 'ent. •
The LBRAwillxnake the fin al. determination of; eligibility for all,requests-for_reimbursement.
Reimbursements will take place as tax capture allows. Reimbursement payment isiexpected to
occur biannually: in early spring and late summer of each year. No payments will be made if
property taxes on any of the eligible properties are delinquent.
The LBRA will make every effort to follow the reimbursement schedules as specified in LBRA.
Brownfield Plans Fora specific Brownfield Plan, the LBRA. will not reimburse prior to or in
excess of-tLie amount of taxes captured from the eligible property Shortfalls in capture wirresult
in proportionateireductions in=allocations made for eligible activity reimbursements LBRA
administrative and legal costs for establishment and administratioia of theBrownfiel i Plan
governing the eligible property take priority for reimbursement over all other eligible costs.
The LBRA reserves the right to deny or make partial-rennbursement of requests for
reimbursement, which it deems not in accordance with the-Brownfield Plan, the Act:and ',..'
procedures, established by LBRA for reimbursement. .

. ELIGIBLE ACTIVITIES DEFINITIONS


REIMBURSEMENT PROCEDURES : ..
ADOPTED

ELIGIBLE ACTIVITIES-DETERMINATION

The Lansing BrownfieldRedevelopment Authority'("LBRA") will he- governed in its


deterxninations .ass. o Whether activities reimbursement or financing under
the Brownfield Redevelopment Fitiancing'Aef; 61PA 3 '81, is amended ("the Act"), by the
defmitions both set forth and those incorporated into the Act and by relevant rules
promulgated as part of the Michigan- Administrafiv ,Code-'g6veriun' "eligible activities"
referoneetbiwthe ,Act, Mel 3kA may' also echnsidertuldixteein d memoranda issued by
the NliehigawDepartment of Environmental Qiiafity ("1VIDEQ") and the Michigan
EconomieGroWth-Aarthority ("MEGA"), s they may relate to "eligible activities" and
supportmg documentation provided by applicants for LBO f aids

REPOWRiS
, g. .NIENT PROCEDURES
.. : 6,'COSTS-TOItE''REtkBITIS"'ED WIT
' TAX
MENT REVENUE

DoeumeritatiOn of Eligible Costs t -1

For purposes of this plan the LBRA shall review all costs to be reimbursed using tax
increment revenue. T-oformationprovided to the LBRA regiiding ithe .1...1, .Leligible costs to be
reimbursed'iunder this plan should include the following:

02a:1i aeferenee to the approved brownfield Plan and parcel.

2. Theta:JAI amount of the reimbursement request.

.3. The totaLamcnmtof'anY previous reimbursement(a) aipproVeii .bithel.8Rk


i,v I related to the brownf ld 1 c'
,-.r, (,

4. Identification of each eligible activity, the associated costs, with' 'ooplies of detailed
invoices for the eligible activities and proof of payment

, ,,,... information, aa^d do em*elp-tati o'n that may, aassist the, LS,.eR&
'' , l s'
ill - detertrig
h.gible,,oroperty(.c.1
whether the cos 4are for eligible activities ,attributable to
and that the costs are reasonable - ' '
6> , . 1
The LBRA willmake the finial determination of eligibility for all rehnbursement(s).
ReimbursexnentW will takellace as tarcaphireallows aadISatitkiiikted to •,heed
biannually: in -eadrtsprhIg6andlate,ituniiieiof each year ,- fi ,
/cam , y

City of Lansing
Notice of Public Hearing

The Lansing City Council will hold public hearings on October 4 and October 11,
2010 at 7:00 p.m. in the City Council Chambers, 10th Floor, Lansing City Hall,
Lansing, MI, for the purpose stated below:

To afford an opportunity for all residents, taxpayers of the City of Lansing, other
interested persons and ad valorem taxing units to appear and be heard on the
approval of Brownfield Plan # 52 - Market Place Partners, LLC Brownfield Plan,
pursuant to and in accordance with the provisions of the . Brownfield
Redevelopment Financing Act, Public Act 381 of 1996, as amended, for property
located at the Old Lansing City Market, in Lansing, Michigan, but more
particularly described by parcel as:

Parcel 1 (Project One Area):


Part of Lots 2, 3 and 4 of Block 245 of the Original Plat of the City of Lansing,
Ingham County, Michigan being more particularly described as: Commencing at
the Northeast corner of Lot 1; thence SO0°38'28"W, 430.10 feet, (Recorded as:
SO0°05'21 "W, 430.37 feet) along the Westerly right of way of Cedar Street (82.5
feet); thence Westerly 123.56 feet along the arc of a curve to the left, having a
radius of 451.57 feet, a delta angle of 15°40'39" and a chord bearing
S82°46'18"W, 123.18 feet to the point of beginning of the following described
parcel; thence Westerly, 135.01 feet along the arc of a curve to the left, having a
radius of 451.57 feet, a delta angle of 17°07'51" and a chord bearing
S66°22'04"W, 134.51 feet; thence N32°11'53"W, 212.85 feet (Recorded as
N32°43'09"W); thence N00°36'37"E, 100.84 feet (Recorded as: N00°05'21 "E);
thence S89°23'23"E, 112.00 feet; thence SO0°36'37"W, 29.29 feet; thence
S32°13'28"E, 232.33 feet to the point of beginning, containing 0.84 acres, more
or less and subject to any easements or restrictions of use or record;

Parcel 2 (Project Two Area):

Part of Lots 1 and 2 of Block 245 of the Original Plat of the City of Lansing,
Ingham County, Michigan being more particularly described as: Commencing at
the Northeast corner of Lot 1; thence S00°38'28"W, 430.10 feet, (Recorded as:
SO0°05'21 "W, 430.37 feet) along the Westerly right of way of Cedar Street (82.5
feet); thence Westerly 123.56 feet along the arc of a curve to the left, having a
radius of 451.57 feet, a delta angle of 15°40'39" and a chord bearing
S82°46'18"W, 123.18 feet; thence N32°13'28"W, 232.33 feet; thence
N00°36'37"E, 29.29 feet to the point of beginning of the following described
parcel; thence N89°23'23"W, 112.00 feet; thence N00°36'37"E, 222.16 feet
(Recorded as: N00°05'21 "E) to the Southerly right of way of Shiawassee Street
(82.5 feet); thence S89°25'38"E, 112.00 feet, (Recorded as: S89°58'20"E);
thence SO0°36'37"W, 222.23 feet to the point of beginning, containing 0.57
acres, more or less and subject to any easements or restrictions of use or record;
Future Project Parcel (Future Project Area):

Part of Lots 1, 2, 3 and 4 of Block 245 of the Original Plat of the City of Lansing,
Ingham County, Michigan being more particularly described as: Beginning at the
Northeast corner of Lot 1; thence S00°38'28"W, 430.10 feet, (Recorded as:
SO0°05'21 "W, 430.37 feet) along the Westerly right of way of Cedar Street (82.5
feet); thence Westerly 123.56 feet along the arc of a curve to the left, having a
radius of 451.57 feet, a delta angle of 15°40'39" and a chord bearing
S82°46'18"W, 123.18 feet; thence N32°13'28"W, 232.33 feet; thence
N00°36'37"E, 251.52 feet to the Southerly right of way of Shiawassee Street
(82.5 feet); thence S89°25'38"E, 248.23 feet, (Recorded as: S89°58'20"E) along
said right of way to the point of beginning, containing 2.23 acres, more or less
and subject to any easements or restrictions of use or record;

Approval of this Brownfield Plan will enable the Lansing Brownfield


Redevelopment Authority to capture incremental tax increases which result from
the redevelopment of the property to pay for costs associated therewith. Further
information regarding this issue may be obtained from Karl Dorshimer, Economic
Development Corporation of the City of Lansing, 401 N. Washington Square,
Suite 100, Lansing, MI 48933, (517) 483-4140.

Chris Swope, Lansing City Clerk


ar etplaceT^ed.evelo ment
Marketplace Partners, LLC

Lansing Brownfield Redevelopment Authority


Lan_sing,:Michigan

PREPARED BY:

Soil and Materials Rngineers, Inc: (SME)


2663 Eaton.Rapds Road
Lansing, Ii%lcli gan 48911

REVIEWED BY:

Lansing`Economic Development Corporation


401 S. 'Washington Square, Suite 100
Lansing, Michigan 48933

Approved by the Brownfield Redevelopment Authority on


September 3, 2010

Approved by the Lansing City Council on



[ ^*6.16 Of
..
Section pmge

1. Site Location and Photos 1


2. Project Summary Sheet .. ~-..~. ^ 2
I Past Use of the Property 'Qie History 3

'7:- Captured' '84 TaX-h'croment Revenues - 1' '

15. Site Remediation Revol-Ag Iuzul ~- --....~ 'l0


16. Other Information '~,l0

Tables
45na cc; ..7 c:
Brownfield Eligible Activities
Table 2 Tax Increment Financing (TIF) Table

Exhibits tion
hO
s sa pT
P B daries, Project Areas and Legal
of the Property
Exhibit B Summary of Known Environm^ntal Conditions an&
Sample Locations
Ex.hibit,C Eligible Activities Definitions and Reimbursemen

/
r-i

• Project Summary Sheet -Brownfield Plan#52` .


roa'e.e am Macke. 'aCe Ret evelopment arke dace Partners, L. LC

Business Line: The Developer, Marketplace Partners LLO Managing


Partner, Mr. Patrick aspire'

Property?Location 333 N Cedar Street d 420'Y SMawassee Stree

Property 'Nuxr_i See`Exhibit.A (33=01-01-16-253 012 a.nd 1 01 16-253-


032.) The Property consists of two a _c and is
approximately 3;64-acres:.

Projeet.E escrip ta.'o t ;is, antic ^ted that'up to,isve (5) indlvid^ vi Bco^vn eld
edevelopme'nt Projects wfll take place at this Brown eld
rla property location': Tl_ r e_ vo project areas
currently?dune and ;a tl^ d zl 5a.conter^ platecl for'up to
three future redo ; lopmenti:pro^ects The,,tial phas's of
true developmen , lenti fed, as ^xoject O e r a and
Project Two Area rill,'resultan a 133,0 i0 yuu'e feet;
mixed.use,develop-rent It will include fro `(2i sixstory
structures providing 84 market-rate res^ dential pr4* and
a mrx of additional residential, retail arid' commercial:; #.
uses. The remaining contemplated up to'three future
redevelopment projects are located in the area'.:identified
as Future:Project Areas.
Developer.
Investmen Approximately $23,727,166 including $517,132 of eligible
brownfield activities.

Estimated Job
Creati on]R etenti on This redevelopment will result in the creation of 85 to 100
temporary construction related jobs. In addition , to the
construction related jobs, the redevelopment is
anticipated to generate 25 to 30 new full-time jobs in the
retail and commercial components."

Duration of Plan: 24 years

Prop ertp 'T'axes


Generated' by Project
(Over the life of Plan) 8,243,726 Property' Taxes `Paid by M ketplace

Uses of Taxes 574,880 To TIFAICity of Lansing


259, 124 To Lansing School District Debt
33;371 To City of Lansing Deb,t
$ 867,375 Total to Tax Units

.. $ 2440.6 ?05r;R (l rptrtistrati= .'


$ 244).01PTo LBR.A4eVol-Ving Fund ..
$ . 517;'I32 To iTteirabur.0 ,.:Peyeloper ..
6.371.187 ToReimburse City. Li
:$.. 73 76,3 51T (=ital. for C aptur

Total Uses of Taxes: $ 8,243,726

3. Past Use of the Property -.Site''Histhry

The 3.64-.acres btow-nfield project area consists of tt''O parcels, herein referred'to°as
"the =Property". The Property. has' .a lengthy history of cominercial and industrial
uses including coal storage, ::a foundry, train car manufacture and repair, a 5llf-rlg
station, warehousing-of acids and chef icals, a painting shbp, and a-i ailroaa- s' p' ur.

The Property was last used by the City of Lansing for the Lansing City Market and
other public uses The City- transferred ownership of the Property to
to-Gillespie
December. 31, 2009.

Many of the Property's historic uses involved storage and use of various chemicals
and hazardous substances. As a result, several environmental assessments were
conducted atthe.Pioperty to evaluate soil and groundwatei-conditions. 'Soil and
groundwater contamination has-been-identified at the Property at concentrations
exceeding the State's genetic cleanup criteria: As a result, the Eligible Property
(Parcel ID #38-01-01-16=253-012 and Parcel ID #33-01-01-16-253 : 032) is a
"facility," and- each pr6ject area i(Project One Area, Project Two'Area and Future
Project Areas) qualifies independently as -a fadility as defined by Past =201 of
Michigan's Natural Resources and Environmental Protection Act (P.A. 451), as-
amended. Refer to Exhibit B for a description of environmental assessments and a
summary,known contamination.
. . .,:
4. The Lansing Brownfield Redevelopment Authority

In August of 1997, the Lansing City Council established the Lansing Brownfield
Redevelopment Authority (LBRA) and." desigiiatecl the entire City as a "Brownfield
Zone". The primary ixilrpose of the LBRA is to encourage the redevelopment' of
blighted, 'contaminated.' aild functionally obsolete prOperty within. the Brownfield
Zone by providing financial incentives.

5. Br ownaeld. Pr 0j ect D es elipti on

The address of the Property is 420 East Shiawaesee Street and 333 North Cedar
Street, Lansing, Michigan. The 'Property 'is bounded by the`Riverfront Apartments
to the north, c'eaa-1. 'Street and then variouibusinesses and" City. of Lansing.
properties to the east, Museuni Diivei'and then the Lansing- Centerto'the south and
City of Lansing River-front Park-and recreationaltrail to 'the west. The Property is
currently zoned G-1 Business. A zoning change is anticipated for the proposed
redevelopment of the Property. The Property is serviced by public water supplied
3

.by the Board of Water and Light;•sewage,dispoSal. is ,bypiblic utility .as well. The
age of the sewer system is :unknown,.:;
Marketplace Partners LLC (Developer)isproposig to-redevelop the former City
Market property located at 420East . Shiawassee Street and 333 North Cedar
Street, Lansing, Michigan.
Project One Area, will consist of two phases and is scheduled to get underway in
2011. Phase I will include of a six-story. residential; structure (approinmately 66,500
SF) providing 84 market rate units along the Grand. River. These units will be
adjacent. to the New Lansing. City Market. Phase II of the, Project One Area-: will
include the construction ofcommon-,areas, stairwells;,and;elevatorsthat will,be used
jOne Area structure with the anticipated Project Two Area
for connecting the Project
mixed-use expansion. Phase II of the Project One Area may included additional
residential units based on market demand.

Project Two Area, will consist of one phase and is scheduled to begin construction in
2013. The Project Two Area will include a six-story mixed-use building that will
connect to the Project One Area structure. It is anticipated that the building will
consist .of a mix of residential retail and co,p merciaLuses

Thefzrst floor of the Project One Area and . Project We Area buildings will be
partiai,belovy grade parldr g Worldngwith the,topograplay-of the site; ;the first
floor parking=will be setaznto the natural slope of . the sjte anddremain open: towards
the river. ,Th^s:parlr,n option assists,the,Developer zn maxi i in;gsiteandl '
increases the overall,density.- ;of the project. Ftuxthermore the Developer ,:anticipates
incorporating,"green" building concepts including energy ef6.gient,4esignandwater
saving.features., , ;.'t . , .. ;,, :..., c `.:. 1 , i

;; 'r' l ;. "
This initial redevelopment will result in the creation of 85 to 100 temporary. '
construction related jobs. In addition to the construction related jobs, the
redevelopment is anticipated , togenerate 25 to30;new full-time-jobs inthe retail
and commercial sectors.
It is anticipated that Project One.Area and Project Two Area-will , result in;
approxEnately.$231 m Ikon of private investment in the City of Lansing. The
private uiyes,f went. forthe,redevelopment:ofthe,Future ,ProjectAreas has:not. ;been .
estimated.
The Marketplace Development is requesting, assistance of the Brownfield
Redevelopment Authority, the City of Lansing and the State of Michigan in
a.pproving`a brown.eld plan to (1),provide tax increment fr ancing using both local
in school taxes for costs incurred throughout the ,eligible property;, and
facilitate approval of the Michigan Economic Growth Authority (MEGA) of multiple ,
Michigan,; Business Tax Credits or eligzbleinvestment to be made in what is known
as 'Project ,;1 Area, Project 2' Area and. FutureProjects, Areas .;

The. eli gible property. (Pa--Tce,l 33-01.=01-16-25 -012 and. D =el -ITV ':-3B01=01:•16-
253-032) includes 3 projectareas:

Project One Area consists of portions of Parcel ID# 33-0 1 - Me' 16 -25_3rO12,and Parcel
ID# 33-0.1-0146-253-032as legally described and depicted,on Exhibit A;

- Project Two Area consists of portions of Parcel ID# 33-01_-01.-16-253-012 : and'


Parcel ID# 33-01-0146-253032 as legally described and depicted on EXhibit A; and.

Future Projects Areas consists of the remaining portions of the eligible _property
not included in the legally described areas for Project One Area and Project Two
Area as depicted on Exhibit A.

Parcel ID# 33-01-01-16-253-012 and. Rarcel,ID# 33-01-01-16-253-032 make up the


eligible property and. each qualifies as a "facility" on their own (see ;Exhibit , ,
B). Whereas for the purposes of the BroweefieldlVfBT Credit Projeet- One Area,
Project Two Area and Future Projects Areas also qualify on their own. - as eligile
property as they are each -independently identified. as a "facility"` . (see;Exbibit=B). It
is anticipated at a later date that the Future Projects Area will be furtb_er, divided,
up to three future redevelopment projects, which will all independently qualify as
facilities. This will belater defined in a future Brownfield Plan an andment.
Project Areas Brow-n.B.eld Sample Environmental 'cal Cause(s)
Qualifying- Location Finale os
Criteria
Project 1 Area Facility B17
Project 2 Area Facility B19 Arsenic UrbanRiVerfi-Ont 'Fill and
Future Project Facility B5 NurnerouSi-listoric
Areas Inchistrial 'Uses
Additional contaminates were detected in soil and groundwater samples aflevels exc^edin.g Part 201
Generic Cl eanuPCriteria at numerous other boringlocations, See Exhibit B. I-

The City of Lansing'has _also received a $1 million Clean Michigan Initiative (CMI)
Grant through the Michigan. Department Natural Resources and Enviionment
(MDNRE). This grant will assist the Developer is addressing a portion of the
MDNRE and MEGA Browil-field eligible activities.

Eligible Costs:

A breakdown of Brownfield eligible activities are presented on Table L

6. Eligible Activities

The table below presents the anticipated eligible activities that will be completed
for this project ‘and the estimated eligible costs associated with each activity:

Eligible •Activ ty: • proyd,6t.:'u' ojeet; _ .Total


' One Area TW6 Area
1. Environmental Activities'
Assessment, Due Care; .:.. ,,...
Remediation, Response; Etc. $120,165' $48,573 $168,738
(includes contingency) to
Developer
P''ortao 'of#hreimb ^x'sed , `$73,773 ' $29,820 '$103,593
with Local Tax Capture
Portion f1 reimbursed $46,392 $18,753 $65,145
,
with. State 'Tax ; Capture
- :`
2. Non-Environmental
Activities: Site Prep,
Demolition.; Lead & -$209;036 $139,358 $348,394
Asbestos;) Abatement Etc.
(includes'contrrcgex'cy) to
Developer ;_.

Est. Portion, of #2.:


reimbursed with Local Tax $128,348 $85,566 $213,914
.Capture ..r: . ri
., i :SS.... _ . ,
!.z .: ^. L 4..L. i Y
.r1.

Est: Portion ,'of #2


reimbursed with State Tax $80,688 $53,792 $134,480
Capture :.
Total Tax Capture
Amount Reimbursed-to $329,201 $187 931_ $517132
Daeveloper,
3. Non Environxnental
Activities: Public $3,'822,712 $2,548,475 . $6,371,187
Infrastructure (includes ., . .
contingency) toCity
Est: Portion of #2
reimbursed
.
• s, with Local Tax $2,347,145,. ,-.$1,.5,.64,764_ $3,911,909

Est .Portion. of :, :::::_,


reimbursed with State Tax $1;475. ,567 $953;711) $2,459,278 '
Capture
4. Amount Local Tax
Capture to LBRA for $146,410 $97,606 $244,016
Administrative and; Legal
Costs
5. Amount Local Tax
Capture to LBRA Revolving $146,410 $97,606 $244,016
Fund..:. ,± ;
Total .Ta:x ,Capture to •. $4;425;811:` '.$2;950;540 ; $'7,;376 35.1
Developer & LBRA

Estimate&NIB T -Cr edit"


from State- - $1,931,120 . $.1;627;505 $3,558,625
(MEDCIMEGA) to
Developer -
Reimbursement to - $329,201 $187,931 -$5-17,132
Developer
Total Brownfield[ . $2;260,321 $1,815,436 $4,075;757 -
Incentives to Developer

Future redevelopment plans for 'the Future Project Areas are being considered.
Based on potential project concepts, the redevelopment of the site -wearequire the
excavat ion, removal of contaminated-a-oils, demolition, and. engineered backfilf at an
estimated cost of $300,000. The redevelopment of the site will also require . ''
additional environmental assessments, site characterization, and the oversight of
response 'activities at an estimated cost of $75,000. The costs of these activities are
not included for reimbursement in'this Brownfield. Plan and a future Brownfield
Plan amendment will be requested.

7. Captured Taxable Value and Tax InereMent Revenues

The LBRA will capture the tax increment revenues from 2011 through "2037 which
will be generated by the increase in taxable value.- The following table provide s
summary _ of the anticipated taxable value and. the tax increment revenue is iat
will provide_

Annual 6 Incremental
:'L , T1-eta]: .:Accts illative `
T a; Year . Incremental :, Taxes Ca tared Incremental`Taxes
-,, Taxable.Value .Cap.t.dr-ed'
2011 $2,424,908 " " . $155 749'. $,155,.7..49
,, 2012. $2,454,250 ,.:- 157,834 . $31!3;-383- .
2013 $2,483,884 $159,537 $472,921
: 2014 15,447,923 , _3349,915 $822,836
,2015. $5,507,,495 $353741 $1;1' 76;576:
2016 $5,567,662 $357,605 $1,534,182
2017 $5,623,430 $361 , 5 9 , $1,P&, 690
2018 $5,689,806 $365,451 $2,261,141
2019 $5,751,797 $369,432 $2, 630,573
2020 $5,814,407 $373,454 $3,004,026
2021 $5,877,643 3 ^ 7:515 $3,381,541
2022 $5,941,511 $381,617 $3,763,159
2023 $6,00P,,.148 P. 85 , 761 ,$4,148,9.19 .
2024 $6,P'7 ],,I-70 $389,945 $4;538;865 '.
2025 $6,136,974 $394,172 $4,933,036
2026 $6,203,436 .$398,440 $5,331,477
2027 $6,270,562 $402,752 $5,734,229

.._; 2,. 2628,. . $6,338,360 $407,107


. 4',$60.41,2.85. ".,
X02: . ;°i $606,$:35, $411,505 ..::. $8,552 840: ...
2630 $6,475,996 $415,947' $6,'988,1 86
1... $ 6,545;848 $420,433 $7,389;220.
' . 2032 ' . $6,616;398 $424,965 $7,8140,84
2033-, $6;687,654

The captured incremental taxable value and associated tax increment revenue will
be determined by the City Assessors Th.e_actual increased taxable value of the land
and all future taxable improvements, oaf. the Property may- vary:-':Furthermore, athe
amount of tax increment revenue ;available index this,. Plan wxlt .be:based _on 100% of
the actual mill age levied annuallyby each to . g jurisdietion on the increase in tax
vale resulting from the redevelopment projecthat.is eligible and'approved.for
capture All taxing r,nlts will experience an er,ease;i.n.,property tax: The Developer
vii]] " e apply n.g to the State of Micxugan for-a Brow,riff.eldrMichigan Business Tax'
credit.

8. Method of Brownfield Plan.•-I'in.ancing


The costs associated with the local and state,capture.of eligible activities,hsted in
Section ,6 ,2
1^2) ,will be mtlally paid for,bythe Developer ,TheDeveloper will
be reimbursed , fox sthese costs by the,LBRA ut?1,. ,,, g 100% ofinew-local and-state
taxes captured from the project over the twenty-four (24) years of this Plan The
current estimated costs to be eligible for reimbursement to the Developer are
$517,132 includes a 15% contingency , If:thedactu al capture is .less `t'han. that
projected,in1 this,, Plan, the, total amount .of reimbursement f rom.the LBRA to the
Developer may, l ye ess than $517,132. Any additionalatax xevennecaptured during
this Brownfield Plan will be-reimbursed to Marketplace-Partners-1 ;TX to fully -
reimburse eligible-activities as identified in Table 1. -Additionally, the -LBRA will
not reimburse the Developer for more than $517,132.
The LBRA Will provide financing for its costs to implement andedm;,,i,ster the Plan
imngo5%4ofthe local taxes captureperyear for the durations of the Plan. This
( Item
expense is-noted-in.
- 4) `above

9. Amourzt-of Note or Bonded'Indebtedness Yncurre

. None.
10. EstimatedIn pact onTaxing Jurisdictions
The following table presents a si.wamar 'y-,o f the mew tax revenues generated by the
taxing jurisdictions., whose millage is' subject to capture by_t" LBRA.undler_this
plan, These are estimations based-on the proposed redevelopment

Jurts.4ction Faxes Capture Neu) Taxesto - 'otal New


by T RRA Jurisdictions Taxes
:.:

County of Ingham., ..$1,047,273 . , °. $36;159 -$1,083;432


Regional Airport Authority $86,722 $2,994 $89,716
Capitol Area .
Transportation Authority $368,573 $12,726 $-381,299
Capital Area District
Library $193,542 $6,682 =.$200,224°.
Potter Park Zoo $50,867 $1,756 $52,623
City of Lansing• $1,915,569, $66,139 $1,981,708 ,
City of Lansing Debt $33;371 $33,371
Lansing Community
College $472,342 $16,309 $488,650
Lansing School District
Debt - $259,124 $259,124
Ingham Intermediate
School District $582,561 $20,114 $602,675
Local School Operating
Tax* $1,992,127 $308,682 $2,300,809
State Education* I $666,776 $103,318 $770,094

*With the approval of the Michigan Economic Development Corporation, on behalf


of the Michigan Economic Growth Authority, and. Michigan Department of Natural
Resources and Environment (MDNRE) for tax capture of 100% of the new school
operating and state educational taxes will be reimbursed for eligible activities.
Those values are then reina:bursed to those taxing entities on a yearly basis.

11. Duration of the Brownfield Plan

Unless amended by the Lansing City Council, the Plan is anticipated to remain in
effect until the end of 2033.

12. Legal Description & Site Map

The legal description of' the -Eligible Property is provided as ET'hibit A.


A Site Map is provided on page I.

13. Personal Property

Incremental tax revenues resulting from new personal property will be captured in
the same proportions as real property. These funds will be used to reimburse the
TA:3RA and Developer for eligible activities. The value of the new personal property
cannot be estimated at this time.

Displacement of P.PXt$oP-s .. .

There are no persons currently.. raiding on. the Property.


...
15. Site 'Assessment and Remediab.on Revolving FundS
No Site Assessment and Remecliation Revolving Funds will' be used. on this
Brownfield Project.
16. Other Information.

The 1,.,BMjand the_ accordance With the Act, may amend


this Plan in. the future in. order to fund additional eligible activities associated with
the Project described herein..

10

APPENDIX B: BROWNFIELD ELIGIBLE COSTS SUMMARY


Proposed Marketplace Redevelopment
Lansing, Michigan
91212010

YEN-

WNP E -P TrT 0, LE- .

ONE
LOCAL T IF-Lo cat MONREIMEG A 11F-School
BEA
Phase I Environmental Assessment (ESN - 0 $2.500 $2,500 61.4% $ 1,534 , 38.6% 966 02,500 .
(2) Phase, II ESA 0 $15,000 $15,000 61.4% $ 9,209 38.6% $ 5,791 $15,000
(3) Baseline Environmental Assessment (BEA)

(4) Additional EnyhonmEmir, t Sall Assessment $6.064 $3,U4 $9,18$ 61.4% $ 5,640 38.67. 3,547 $91i8a
(5) Environmental oversi ght $10 060 $5 182 $15,242 61,4% $ 9,358 38.6% $ -AO 84
. (6) $l 5,242
Erosion and Sediment Conkol $1 .395 $718 $2,113 61.4% $ 1,296 38.6% $ 817 $2:113
(7) Sail Removal and Disposal $52.55$ 027,075 $$$,$31 61.4% $ 48,892 38.5% $ , 30,739
(8) $$9,631
Dewnlering $4.326 $2.229 $S,555 61.4% $ 4,024 38.6% $ ;6 2.531 $6,555
Work Mani-
IN Bmwow Plan $3.300 $1 700 $5,000 61.4% $ 3.069 38.6%. $ 1 .931 05,000
OW %A Man 33.300 $l $5,000 614-1. $ 3,06B . 3E06% $ (11,931 , $5,000
(ii ) Work Plan Review $990 $510 $I,500 61.4% $ 92U 38.6% $ 560 $1,500
R? N
X 74

Bite Preparation -- .
(12) ExcmHonand Grading $162.194 $270,323 61,4% s 165.978 38.6% $ %w" 6270,323
(13) Engineer Backrig =7 ,451
$05 00% $ 12,973 38.6 % $21,128
Public Infrastructure Improvements -
(14) SidewalMurb Gutter Improvements-Public Right of Way mom $16,065 $40,163 won $ MAIM 38.6% 45;503 $40,163
(I 5) Pubg$ Ice Skating Rink $500.000 $200,00D 100"a 61.4% $ 307,000 38.6% $ 100,000 $s0a,000
(16) Pedestrian Crosswalk $3.000.000 $2,000,000 $5,000,000 61.4% 3,070,000 38,6% $ i ,930,000 $5,000,000

(17) Brownfield Plan 0 $$.000 $2,000 $5,000 W104 3,070 38.6% 1,930 05'000
MR =Plan 0 $3,000 $2,000 $5,000 61.4% $ 3,070 38.6% $ 1,930 $5,000
09) Work Plan Review $900 box 61.4% 921 38.6% 579 $1,500

MMWA;

GRAND TOTAL $4,331,913 $2,730,40G $6,888.319 61.4% $ 4,229,415 38.6% $ 2,658,904_ $6,888,319


-A' ..'.., G:■'• T,ON1 NG'JUF2IDI C^'IONS =p4


Millagu SUmmary(0151 valuation) ;:... ;•.; .• •.
,_ :
AO VALOREM, TAXING AUTHORITIES labor
Annual DobtMao nl Nat AvaC'l,e,t 201014 2811 2012 2013 2014 81 2015 2018 2017
BRA
•. ... PROPER
^CUrnonI .Tezabla Vnluo •. _.. .. .. I. 1 l 5800,200 1 '- . I . .^ ' . r ' • .I ' •I ' '- . I
.ProJeeladAnnual lnereeso In Taxable Value•COmmarti.IlOffie4 0,01 0.01 0.01 ` 0.01 0.01 0.01 0.01
Future Projootad Texablo Commaralal Value -Totals - 52,034,106 S 2,063,450 5 2,093,084 S 6,057,123 5 6,018,805 S 6,076,862 S 6,137,630
Inaramontal Twmbla Value-Comr4orolal 52,424,9011 S 2,454,250 5 2,483.88.1 S SA47,323 5 5,507,495 S 5,567.662 S, 5,628,430
IMPACT O
MBlegu Summery (Slit volueeoh)
AD VALOREM TAXING AUTHORII1ES Available for
Annual DobtlFoonl Not ERA Ceptura
I1104AM COUNT 80413 00000 54413 8.4413 - S 20,460 5 20,717 20.997 5 45,953 S 46,400 5 48,008 S 47,521
AIRPORT AUTHORITY 0.6990 0,0000 0.0990 0.6090 5 1,695 S 1,718 5 1.735 S 3,808 S 3,850 5 8,892 S 3,034
CATA 2.0706 0,0000 28!08 2.9708 - 5 7,204 S 7,291 5 7,375 5 16,185 S 16,362 5 18,540 S 16,721
CARL-LI503RY 15600 0.0000 15800 1.5600 S 3,783 5 3,820 S 3,875 S 8,499 5 8,502 2 8,686 5 3,760
ZOO MILIAGE 0.41001 0.0000 0.4100 0.4100 - 5 594 6 1006 5 1.018 'S 2,234 S 2258 5 2,283 S 2,308
LANSING OPERATING 15.44001 02000 15.4400 15.4400 S 37,441 S 37,804 5 38.351 S 84,116 S 85,036 S 65,965 S 85,003
LANSING DEBT 02800 02600 0.0000 00000 - 5 - 5 - S - 5 S - 5 - 5 -
LANSING COF4MUNGY COLLEGE 3.5072 0.0000 3,8072 3.8072 - S 9.232 S I 0,344 S 9,457 S 20,741 5 20,986 5 21,197 5 21,429
SCHOOL DEBT 20199 20189 0.0000 0.0000 - 5 5 - 5 - S 5 - S -I S
INGHAMIBO , 4;6955 0,0000 4,8056 4.5056 - 5 , •11,386 5 11,524 5• , 11,663 S 75,561, S 75,861 S , 26,144 S, 26,420
• Local Only Total 380236 S 92.204 , I 03,320 S 04.447 S 207,151 S 209.416 5 211.704 5 219,015ca
Lo l Bab tool Oparaang Tax al 17,0252 00000 17,9282 17,0262 5 43,469 5 '43,995 ' S 44.527 5 07,561 S 98,723 ' 5 09,807 IS 100835•
State Eduation Tax c4 6.0000, 0.0000 , , 8,0000 , 50000; - 5 14,549 S 54,725 S , • 14,903 5 32,688 S 35.045 5 33,408 I S 30771„
9Nte Total 23.0202 IS 58,013 15 58,721 59,430 5 130,348 S 131.773 5 133,2131 5 133,667,
Total Csplurm 643200 22780 51.0501. • 61,8501 - 5 150,223 6 152041 S 153.877 S 337,489 1 5 341,190 5 344,917 348,862
Parantagoal ofLoaltmas Oipurad 100% 10090 tOD°n' 100°.6 100% 1001% 100% 100% 700%1
' PareantsSoof,Sata 6elwol Saxas Captured 100% 100°% 100°n 100°,6 100°.BI 100%1 , , 100% 100% 100°.61
w.t... a; .K• ys, ...1z ••fJ:..d 1.a::. a•
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.^«.i•
:';^i°r.^r..0,\::Ar:°:YJe`:fa t_ t`ir:. u:LP L^njSlYri •".AiS,r^e°d.. V .. a..
r.-a..`•.:-,•s:iYTU :.-'!t'^.,e}. n:r•,
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.. w,i^.,-'.1 •I
1 • •. Totala_ . . 2010 . 1 2011 2012 2013 2014 I 2015 .1 • • 2015 I 2017
RSIAI5URSEMSNTOFI
LSRA AdminialmEre Coats (5% of Loa118070roment Revenues) S 244:0151 5 - S .'10 4,5 4,5661 S 4,722 5 • 10.358 S 10,471 S 10,595 S 10.704
Caplura forOawMtg Loan Fund(5% ofLoal7azlnotamonl Ravenros) ' •, „ 5 .. 244,0151 S , - S 4,61Q S 4,688 5 4,722 , 5 10,353 S , 10471 S , 10,585 5 10,701
'YOTALLORAAN5ADMINISTRATIVE CAPTURE ' i 5•, 456,033, •S. "'' -•1 5 ' 9,2m 5 9,372 s 8,445 5 20,715 5 " 20,042 S 21.170 S 21,401

' .. ftFJM9UR5EMEt4T
,^i:1'•H ,a ^t^^'rin: 5' ::C "ix-r==:3£to'
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"113oitNodey, m0bge Uralistordebl oriae-rolapxrtabk forAst3Bi TIF.
1'1 Fordo mdngJudrdielono, on1y100% of the new lams ate boing wplured and mimbrnsodforaf49-166 sdilSoe.
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10 eglmaled wmpklbn ofl m Ptr(ealTwo Ana,

Soo and Maltriols Basins., In.



YAILgB^E LOCA15ANITSTATE SCHOOL' TAX?INCREMENT.S5


AVAILABLE TAX INCRE54NT CA pT17RE

2018 2015 2020 2521 2022 2023 2024 20'5 2025 2027 2025 2029 2030 2051 2032 2053

0.01 001 0.01 0.01 I


0.01 0.01 0,01 0.01 0.01 p,oi 0.01 0.01 0,01 0.01 0.01 0.01
5 6r199,056 5 b,254097 S 8,323,807' S 6,386,643 S k450,71! S 6,515,2!8 1 5 6,500,370 ^'S 6,646,174 5-6,712,636 S 6,779,762 5 6,547,560 5 6,015,055 S 6,955,196 5 7,055,048 S 7,125,598 7 , 196 , 854
S 5,659,505 S 5,751,707 S 5,814,4071 5 5,877,543 S 5,041,511 5 4555,018 1 5 6,071,170 5 6,136,974 S 5,203,43fi 5 5,274562 5 6,338,360 5 6,406,835 5 6,475,053 5 6,545,648 5 6,616,398 1 5 6,687,554

TzXinoremontCepturu

F 45.029 5 46553 5 49,051 5


49,6155 50,154 5 50,60915 51,249 5 51,804 5 52,355 15 52.9325 53,504 S 54082 5 54,656 $ •55,25515 56,851 S 56,452
5 3,577 5 4,021 5 4,064 S
4,108 I S 4,153 5 4.19815 4,244 $ 4,290 S . 4,356 S 4,353 5 4,431 S 4,478 S 4,547 S 5
4,576 S 4,525 4,675
5 16,903 15 17,057 5 17,273 5
17,451 15 17,041 5 17,8431 S 16,036 5 18,2321 5 18.4291 5 18,629 5 15,830 5 19,033 -1 5 5
19,2''9 15,448 5 19,556 S 19,555
5 8,876 1 5 8,973 -S 9,075 S
5,169 S 9,269 S 9,369.1 5 0,471 . 5 5,574 5 9,57r 5 9,7E2 5 9,658 5 9,995 S 10,103 'S 10,212 5 5
10,322 10,4.13 '
5 2,333 S 2,398 5 2,384 5
2,410 S 2,435 5 2,462 S 2,489 5 2,516 S 2,543 5 2,571 5 2,509 S 2,627• S 2,555 5 2,854 5 2,713 S 2,742
S 87,551 5 88,808 5 59,714 5 90,751 5 97,737 5 92,733 5 93,739 5 54,755 5 55,761 .5 96,617 5 57,864 S 98,921 5 99,959 5 101,0581 5 .102,15 5 103267
5 - 5 - 5 I
S - 'S -I S - 5 - 5 - 5 - 5 -1 5 - 5 - 5 - S -1 5 - S -
6 21,552 5 21,898 5 2;137 I S 22,357 5 22,821 1 5 22,665 5 25,114 S 25,365 5 23,618 5 23,873 5 24,131 5 24,392 5 24,555 5 245921 5 25,150 S 25,461
5 -, 5 - 5 -1 S - 5 - S - 5 - 5 - 5 -1 5 - S - 5 - 5 5 5 -1 5 -
S .26,717 27,01% 5 27502 1 5„ 27,599 5 27,899 5 28,202 i S 25,505 S .,28,817 5 ,29,129 5 29441 I S 25,762, 5 30,054 5 30,409 , 5 30,737 5 310561 5 31,403
S •• 216,345 5 218,705 5 221056 223,441 5 225,919 S, 229,372 5, 250,550 S 297,352 5 2351879 S 138,431 1 5 . 241,009 5 24.7,613 5 246,241 , S, • 248,869 S • 3 5 1,081•I S , 154,2911
S 101,997 S 103,106 S 104,230 S 104354 5 706,509 5 107,555 1 5 108,533 I S 110.013 S 111,204 t5 112,407 S 113,623 5 114,650 118,090 S 117,742 5 118,807 1 5 119,554
34,135, S 34,611 34,655 5 55,255 5 35,545 5 36,030 5.. 55,427 5 36,522 S I
37,221 S , 57,525 5 38030 5 38,451 S 36,856; S 39,275 , 5 ;39,695 1 5 405125
5 138,135 S 137,519 5 139,117 S 144530 1 5, 144158 1 5 •143,70175 145,265. S 146,634 1 S 148423 1 5 150,051 1 5 151,653 5 • 153,291 5 154,936 S . 156;517 S,' 1 50,355.1 S 166010.
+
552,454 5
10051
354324 5
100% 1
350,203 1 5
100%
354,121 S
100%
358,017 1 5
100.6
572,073 5
100%
375,110
Ico%l
I S
350,186 I 5
100%1
384,303 .5 3H8,4Ji4 I 5 397,552 5 396,904 -5 401,!89 5 405,5161 5
`
409,587 1 5 - 514,551
100 41 IOCYe1 100%1 100% 100:41 100%1 100% 100°.6
. 100%1 ... 1o5%I 100%r .. -55555 , . 100%, 10:%1 .. 100X1 100551 155%1 . 1291 105%1 10006^ 100%1 1009.1 IOQYe
C P: . 100%
T
. Ak3N REM EN1' :0156 IlR 5E74^EN11e"'i. - Pn'-t
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,a
f v^• 2018 ,., 2510 502015VAyl ^ 2021 2022 2023 ^ r.-. 252< `R:4• .•c,°_2535 ' 2025 I .N .. 2027 ^ ._2026 n, 2020 I .- 2030 20110' 2032 2033
3RAADMINISTRATICN COSTS +i .. .. ... .. _ .. .. •.. ,
10,817 5 10,95 5 11,054 1 S 11,175 5 11,295 IS 15,51515 11,542 15 11,658 5 11,794 5 11,922 5 • 12,050 5 12,161 5 12,312 S 12,4451 S 12579 I S . 12,715
5 - 14515. 5. 10,935 S 71,054 5 11,175 5 11,256 IS. 11,419 . 1 5, 11,542 5 11,668 5 11,754 . 5 11,522 5 12,050 5 52,181 S 52,312. 5 , 15,555 5 , 12579 5 , 12,715,
,6 5
21'5 21,871 5 22109 S ,549 15 .2592 1 5 22,637 i. 5 53,085 S 23,335 5 , <.588 5 .23,64 5 • 2<,151 15 ., 24,381 S 24,524 ;24,890 5 25,59 . 15 25,420

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•PROPERTY BOUNDARIES, PROJECT AREAS; AND -LEGAL DESCRIPTION

Parcel 1 (Project One Area);


art,ofLots 2, 3 and 4 of Block 245 of the Original Plat 'of the City of Lansing, Ingliani
p
County, Michigan being more particularly described as Commencing at the:;Northeast
corner of Lot 1; thence_800°38'28"W, 43'0:10 feet; (Recorded as S00°05'21"W, 430:37

a
feet) along the Westerly right of way of Cedar Street (82.5 feet); thence Westerly 123.56
feet" along-the-an 6f .a curve to the left,: having' a radius .of 451 57 feet, delta angle of
,and a,chordbearing S82°46'187,123:18, feetto thepoint ofbeginning.ofthe . :
9
f 5''40 g described -parcel- hence Westerly, 135.01 . feet along the arc of a curve to the
left, having a radius..of 451,,57 feet, a :delta angle of 17°,07'51' ,and a chord bearing.
S66°22'04"W, 134:51 feet;-thence N32°11'53"W;212:85 feet (Recorded as'"
N32°43'09"W); thence N00°36'37"E, 100.84 feet (Recordedas: N00°05'27 "E)thence
S 89.°23 '23 "E, 1IZ.pO. feet;. thence00°36'.37W, 9..29.feet;.,thence,S32°13`28"E,,232.33
...
feet to the:.point ofbeginning, Containing 084 acres, 2 more or less and subjectto'any
easements or restrictions of use orrecord

Parcel 2 (Project Two .Area)`'


Part of Lots 1 and 2 of Block 245 of the Original Plat of the City of Lansing, Ingham
County, Michigan being more particularly described as:Commencing at the Northeast
corner of Lot 1; thence S00°38'28'W, 430.10 feet, (Recorded as: S00°05'21"W, 430.37 .
feet) along the Westerly right of way of Cedar Street (82.5 feet); thence Westerly 123.56
feet along the arc of a curve to the°left, having a radius of 45.1-:57 feet, a delta angle of
15°40'39" and a chord bearing S82°46'18"W,123.1. 8 feet; thenceN32°13'28"W, 232:33
feet; thence N00°36'37"E, 29.29 feet to the point of begrnn ng of the-following described
parcel; thence N89°23'23 "W, 112:00 feet; thence N00°36'37"E, 222:16 feet (Recorded as:
N00°05'21 "E) to the Southerly-right of Way of Shiawassee Street (82 5 feet),-thence
S89°25'38"E, 112.00 feet, (Recorded as: 389°58'2.0''E); thence S00°3.6'37"W..; 222.23 feet
to the point of beginning. Containing 0.57 acres, more or less and subject to any
easements or restrictions of use or record.

Future Project Parcel (Future Project Area)


Part of Lots 1, 2, 3 and 4 ofBlock 245 of.the Original Plat of the City of Lansing, Ingham
County, Michigan being more particularly described as: Beginning at the Northeast
corner of Lot 1; thence S00°38'28'W, 430.10 feet, (Recorded as: S00°05'21'"7, 430.37
feet) along the Westerly right of way of Cedar Street (82.5 feet); thence Westerly 123.56
feet along the arc of a curve to the= left, havingaradius of 451:57 feet, a delta angle of
15°40'39" and a chord bearing S82°46'18"W,123.18 feet :thence N32°13'28"W, 232.33
feet; thence N00°36''37"E 251.52 feet to the Southerly.right,of way ofShiawassee Street
(82.5 feet); thence S89°25'38"E;248.23 feet, (Recorded = as: S89°58'20"E) along said right
of way to the point of beginning. Containing 2.23 acres, more or less,`and subject to any
easements or restrictions of use or record:''

e,.
WeRECYCLE

Future Project Parcel:


Part of Lots 1, 2, 3 and 4 of Block 245 of the Original Plat of the City of Lansing, Ingham County, Michigan being , moreparticulaily described as:
Beginning at the Northeast corner of Lot 1; thence SOO'38 '28"W, 430.10' feet, (Recorded as: S00'05'' 21"W;•430.37 feet)=olongthe-Westerly right of
way of Cedar Street (52.5 feet) . thence<Westerly 123.56deetalong the arc of a curve to the; left, having a rgolus of. 451:57 feet; at delta angle
of 15'40'39" and a chord 'bearing 562"46'18"W, 123.18 feet; thence 1.13213'25"W, ;232.33feet; thence 140036' 3,7"E, Z51.52 ;feet to the Southerly
right of way of Shiawossee . Street (82.5 feet) thence S89'25 38"E, 248;23-feet, (Recorded as: S89'58'20 "E) along said rightof way to the point
of beginning, Containing 223 , acres, (noreor , less and supject;to anyeasements-or. restrictions of use or record.<..,
Parcel 1: )
Part of Lots 2 3 and;4 rof Bloak 245 of the OnginallPlat C ifthe .City of,Lansing, Ingham County,. Michigan, being., more particularly described as:
Commencing at the Northeast Comer of Lot 1 thence SO038. 26 W, 430,10 feet (Recorded as: SOD 05'2 W, 430.37 feet) along the betel-1y right
of way of Cedar Street,(82.5ifeat); thence' Westerly l123.55 feet'along'the arc of a curve to the left havln 'g ai radius'of'451.57 feet, a delta
angle of 15'40'39 and a chord bearingSB2461B W, 12318,feet ,toitile .point ,af beginning ofethe following described ; parcel;,thence Westerly,
135.01 feet along the arc of a ' curve to the left having a radius of'451.57 feet, delta angle Of 171)7'51 " and a.. chord bearing 566'22 '04"W,
134.51 feet; thence N3211'53"W 212:85 feet (Recorded as 143243'09"W) thence ;14003637 "E 100`84=feet (Recorded 'as: 1400'05'21 "E); thence
S8913'23"E, 112.00 feet; thence 50036'37"W 2929 feet thence S3213 '28 E; 232.33 feet,to the; point of beginning Copttlining 084-acres, more
or less and subject to any easements or restrictions of use or record;

Parcel 2
Part of Lots 1-and 2 of Block 245 of the Original Plat of the City of Lansing, -Ingham" County ;; Michigan being more particularly described as.
Commencing at the ' Northeastcomer of Lot 1 thence 50038`28 W; 430.10 feet; (Recorded as. 500'05'21 W, 430,37 feet) along the Westerly right
of way of Cedar S t ree t (82.5 feet); thence Westerly 123.56 feet along the arc of ocurye to, the left having a. radius of. 451.57 feet,,a.delta
angle of 15'40'39' and a chord bearing SB246 '18"W, 123,18 feet; thence N3213'28"W 232.33 'feet; thence 'N00'36'37"E, '29.29 feat to the point
of beginning of the following described parcel; thence N89'23 '23"W, 112.00 feet; thence N00'36'37"E, 222.16 feet (Recorded as: 1400'05 '21 "E) to
the Southerly right of way of Shiewassee Street (82.5 feet); thence S89'25'38 "E, 112.00 feet, (Recorded,.as:S89°58`20"E);.thence S00'36'37"W,
222.23 feet to the point of beginning. Containing 0.57 acres, more or less and subject to any easements or restrictions of use or record,
,
589,
1
589:25'38"E ' 25%38'E i

PROPOSED LEGAL
DESCRIPTIONS
GILLESPIE GROUP .
SUMMARY OF KNOWN ENVIRONMENTAL CONDITIONS AND SAMPT ;F
.. LOCATIONS
Summary of Known Environmental Conditions,
Marketplace Redevelop'raent Project-
420 East Shiawassee Street and 333 North Cedar Street
Lansing, Michigan .

The Marketplace Redevelopment Property has a lengthy history of commercial and


industrial uses including, but not limited to coal storage, a foundry, train car manufacture
and repair, a filling station, warehousing of acids and chemicals, a painting shop, and a
railroad spur. The Property was last used by the City of Lansing for the Lansing City
Market and other public uses.

Many of these historic uses would have involved. the storage and use of various chemicals
and hazardous substances. As a result, several environmental site assessments (ESAs)
were conducted at the Property to evaluate soil and groundwater conditions and facilitate
redevelopment of the Property. Two Phase I ESAs and two Phase II ESAs were conducted,
the results of which were presented in the following reports:

• Phase
(AX I ESA dated May 29, 2007, prepared by.AKT Peerless Environmental Services
• Phase II ESA dated July3, 2007, prepared by AKT,
• Phase I ESA dated September 26, 2008, prepared by NTH Consultants, Ltd. (NTH),
and
• Supplemental Phase II ESA dated September 29, 2008, prepared by NTH.
Twenty five (25) soil borings were drilled during the Phase II ESA investigations, and a
total of 27 soil samples and 4 groundwater samples were collected for chemical analyses.
The following contaminants were detected in soil and/or groundwater at concentrations
exceed; g the Michigan Department of Natural Resources and Environment's (MDNRE's)
Generic Residential Cleanup Criteria:
• Tetrachloroethene, trichloroethene, arsenic, and chromirvrn were measured in
soil samples at a concentration above the Part 201 Drinking Water Protection
(DWP) criteria.
• Arsenic and lead were measured in groundwater samples at a concentration
above the Part 201 Drinking Water Criteria (DWC).
✓ Arsenic, benzo(a)anthracene, and lead were measured in soil samples at a
concentration above the Part 201 Direct Contact Criteria (DCC).
• Chromium, copper, lead, selenium, and silver were measured in groundwater
samples at a concentration above the Part 201 Groundwater Surface Water
Interface (GSI) criteria.
• Napthalene, flouranthene, arsenic, chromium, copper, mercury, selenium and
zinc were measured in soil samples at a concentration above the Part 201
Groundwater Surface Water Interface Protection (GSIP) criteria.

As a result, the Property is a "facility" as defined by Part 201 of Michigan's Natural


Resources and Environmental Protection Act (P.A. 451, as amended).

Contaminant CAS Nos. Media Boring Part 201 Residential Criteria


Exceeded

Lead 7439921 Soil DUP-200 Direct,Contact Criteria

A 37 Drinking
Lead 7439921 Groundwater P-23, DUP-1 00 Groundwater Surface . water
Interface Criteria

Mercury 7439976 Soil


B4, B-5, B-8, B-10, B-15, Grouiidw-ater Surface Water
DLIP-200 Interface-Protection

7782492 Soil
Bo, B-15, B-18, DUP-^200, GroundWa rfkd Water
B-25 Interface Protection

Selenium 7782492 Groundwater B-14, FD-B-6, DUP-100


Criteria

Silver 7440224 Groundwater B-6, FD-B-6


Water
^. , Interface Criteria,

Zinc 7440666 Soil B-18, DUP-200, B-25


Interface Protection

In addition, other VOCs, PNAs and metals were also detected, but at concentrations less than generic
regdentiacleanup criteria. Contaminant concentrations are summarized {nTable N s|,Zaa and AK T's
and 2in Attachment I.

Due the presence VOCs, PN-As and metals in the soil and/or groundwater at concentrations above Part 201
gene ic residential cleanup criteria, considered a"fad|hy!'

X&GENERAL LOCATION OF KNOWN CONTAMINATION

FigiireN^. Mdichment identifies the approximate boring locations. The origin of the soil and
groundwater contamination is nntcurferitlyknown, but is likely related to past industrial activities on the
property.

4.0 KNOWN CONTAMINATION

-ISIOWl'i+IAZARDOUS SUBSTANCES PRESENT ON THE PROPERTY-

Section Zl\ the Phase II ESA study by


b AKT and ^ the Supplemental Phase || ESA at the
the presence of^the RUoWIvy hazardous mbvan^^^e soil and/or groundwater at
rr
applicable Pa 2Ol g enehc ....up criteria:

" Part 201 Resiiientiaf Criteria


. ;'-" CAS Nos. 'NIe'aia Boring

Gro undwater Su rrace Water


"-Naphthaldrie' 91203 Soil B-18, DUP-200
Interface Protection

U0 sanno
,5 1dif NA66th&e 127184 Soil B-18 'Drinking Water Protection

Trichloroethene 79016 Soil B-18 Drinking Water Protection

--Banio(a)0Yre'rie 50328 Soil B-15, DUP-200 Direct Contact Criteria

Groundwater Surface Miter


Fluoranthene 206440 Soil B-15

B10,'B-l 23-13, Drinking Water Protection,


B-14, B-15, B-16, B-17, Groundwater Surface Water
7440382 Soil
B-18, DUP-200, B-19, B-21, Interface Protection, Direct
B-25 Contact Criteria

Arsenic 7440382 Groundwater Drinking Water Criteria

Drinking Water Protection,


Chromium 16065831 Water
Interface Protection,

Groundwater Surface Water


Chromium 16065831 Groundwater P-23
. , Interface Criteria

Groundwater S6i^aLd Water


Copper 7440508 Soil 13- 18, DUP-200, B-25
Interface Protection

Groundwater Surface Water


Copper 7440508 Groundwater 13-2 3, DUP-1 00
Interface Criteria

NT-t
-- - ' --' - ' -'^ ^ ^^
o^^'

LEGEND
.4 BORING ADVANCED BY FIBERTEC ENVIRONMENTAL SERVICES
UNDER THE OBSERVATION OF NTH CONSULTANTS, LTD.
ON SEPTEMBER 17, 2008
* .BORING ADVANCED BY AKT PEERLESS IN JUNE 2007

isa mes, cM ooaisg zs FIGURE No,


eFPCU^R N
^ ^ 1Consultants,
.
Ni]-! Ltd. BORING LOCATION PLAN
KTT 2 24 4 SEP 2008
CM. 3C..

SHB ' =B0' InfrastructureEngineering LANSING CITY MARKET


.g
^/ I and Env i ronmental Serv ices
SLC X 26 SEP 2008 LANSING,MICHIGAN

, , .
ELIGIBLE ACTIVITIES DEFINITIONS:: REIMBURSELIZENT .PRO CEDURES

, .

T" . .

1
LANSINGBRQWNFIELDREDEVELOPMENT AVTHORIT T

ELIGIBLE ACTIVITIES DEFINITIONS AND GUIDANCE

REIMBURSEMENT.:.PRO.CEDURES
ADOPTED" FORTlEIMBCRSEMENT OFT ANSING HOTJSING CO' SSION

The Lansing Brownfield Redevelopment Authority ("LBRA") will be governed in-itS , '
determinations as to whether activities are eligible for reimbursement or financing under
the Brownfield Redevelopment FinancingAct,1996 PA 381,--as mended (-"ihe:Ace),-by- the
definitions -both set forth and those-incorporated into the Act and - 'by relevant'ri les =-•
promulgated'aspart of the Michigani =Adrriinistrati e Code governing eligible'acti4 ties
referenced in the Act. The LBRA may also consider guidance and memoranda issued-by
the Michigan Department of Environmental Quality ("MDEQ") and the Michigan
Economic GrowthAuthority. ("MEGA"), as they may relate to "eligible activities" and
supporting documentation provided by applicants for LBRA funds.

DEFINMONS.:. ;:

Eligible, Activities'

"Eligible Activities" are defined in the Act as one or more of the following:

Baseline=environmental assessment activities.


Due careacttvities ;
Additional response ActM ies '=
4 Infrastructure im provements that directly benefit eligible property.
Demolition of structures that are not response activity under Section
201-of the Natural Resources and Environmental Protection Act, 1994
PA 451; MCL,324.20101.
Lead and asbestos abatement
Site preparation that Tsnot response activity under Section 201 of the
Natural Resources and Ei viro'anmental Protection Act, 1994 PA 451,
MCL .324.20101.
Relocation of public bwlriings or operations for economic
-development pu rposes'with prior approval of the Michigan Economic
Development Authority

:Baseii*^:eEnviionmeiata ` ssessineait .etavities="::•

"Baseline Environmental Assessment Activities".> are_.:defined'in::the Act as those "response a)


activities" identified as part of a "browofield plan" that are necessary to complete a
"baseline environmental asses meat'?,for an "elzgiblepiopert ' ' ii ,the"l xownf'ield plan".

"Baseline Environmental Assessment" ("BEA") is defined in Section 20101


(1)(d) as an evaluation of environmental col ditaons which exist at a facility at
the time ; of purchase, 'occupancy, or foreclosure , that reastiiiabiy defines the
existing conditions and circumstance at the facility so that, in the event of a
subsequent release, there is a means of distinguishing the new release from
existing contamination. .. . +: .

Due Care Activities

"Due Care pct vi es"t axe defined in the Act as those "response acii% ides" identified =as part ,
of a "brownfieldplan"that are necessary;,to sallow the;owner or operator of ail,"eligible..r <,
property".in the plan to :complyawith the requirements, of Section 20107a ,of Part 201°of
qe

Section 20107a of Part 201 of NREPA provides :inn releva:mt:;part:as follows:T,

1. A person who owns or operates property that;lie M'SIte'F


has knowledge is a facility shall do all of the following
with respect to hazardous substances at the: facilityr; ,

r -sac ;?_ s'-s' is .S, .. _ ^^:. r•.... ^°


1. Undertake measures as necessary to prevent
exacerbation of the existing contamination.
, Exercise,due;care;bynnderta dng response activity
necessary to mitigate unacceptable exposure to
hazardous„substauces,"mitigate'fire and explosion
hazards due to; hazardous substances, and allow for
. ,. e intended) use of the facility in a manner that
protects the public health and:safety.
3. Take reasonable precautions ,against the reasonably
foreseeable acts or omissions of a tbird,party and
the consequences that foreseeably could result from
those acts or onliss ons <,
Coinplianee, fib this section. does not satisfy a person's
obl gataon4otperform respQaas activities as otherwise
required under this pa :t.

: ,.
AOIditionol:'-Resp.onse Activities

"AdditionalResponsenketiViliesare.7definedintheActas-thog&"respOttSe activities' as
p art of a "brownfielcLplAn" :that are,in-,,addition
activities";'and ":due: care; activities'." foran"eligible property,:.:.':.

"Response Activities"-are deflned in the Act by reference to the definition Sntion 20101
of Part 201-of NREPA.

"Response Activity" is defined in Section 20101 of Part 201 of NREPA as


"evaluation", "interim response activity", "remedial action", demolition, or
the taking of other actions necessary to protect fhepnbhc health, safety, - =,
welfare, the environment or the natural resources. Response activity also
ncludes health assessments or: health effect studies carried Out under -the'
supervision, or with the approval of, the deparimentof-pttblichealth-and
enforcement actions related to any response activity.

"Evalltation" defined in Sedion:20101. of Part 201 ofNREPA dais


activitiesincluding,"butnotliMitedin,,investigati6ta, stadietanplin l ;
analysis; deyeIopntetit feasibility-studies,=and 6: effcitts that
of arelea-ieor
are needed to determine the -natal. threat
-'. , of=release- and necessary:response::activities:
"Interim=Response Activity". is,deftned inSection'20int of Part
.'NREPA 4s thecleanup xemoVal -of: z zrele-ased haz-ardottS -sub stanceor-the
., . taking'-of other actions,`: prior, to the:implementation of a remedial-action,-as
t.: be.necesSary ti4revent,rninitni7e; Litigate injury ttithel'.public
• health, safety, welfare, or the environment. Interim response activity'also
includes, but is not limited to, measures to limit access, replacement of water
supplies, and temporary relocation of people as determined tob"e necessary''
by MDEQ. In addition, interim response activity means the taking of other
actions as may be necessary to prevent; Minirri,-,orendtigate thr-eAteiiet
release.

-:.4'RethedialAttihii"is defined in Section 2010I-Of Part=201 of NR PA to


inclitde;btat 'is not limited M, :cleattitp,reltonal, e6ii6litiri6it., i§'.tiWiiiii
destruntbn; nr-treattitent of a Ita.zardoui,substance released or threatened to
, releasedinto the ettAitMMent,MOttitbrini, Maintenance, ottheidng
Mitigate Witty
-to the public h6al-th,' Safety,'welfare ; . oktO the environment. .'

Infrastructure Improvements

"InfraStructitre''IMiprtiVeniettte?4 defie-dinthe Act as A `s-treet;read 'sideliValk,'pidii.g


facility, pedestrian mall, alley,. bridge, sewer, sewage treatment plant, prop.ert=y° designed .tot
reduce, 'eliminate or prevent the spread of identified soil or groiiiii.iivvater contamination,- '
drainage system, waterway, waterline, water storage facility, rail line, utility line or
pipeline,.or<other similar !related structure-or improvement, together with necessary
easements forr!theestruuctur;e:or im.prov,,ement, owned r,.usby:a
ed Palle agency !or
functionally connected to similar orsuppor ingproperty owned-or used..by a a "public agency,
or designed or dedicated to use by, for the benefit of, or for the protection of the health,
welfare, or;safety-'of theapublic>generaily; Whether :or aot used bya single business or entity,
provided that nay road, street, or bridge shall be continuously open to public access and ,
that other property shall be located in public easements or right-of-way and sized to
accon maodatezeasonablyfereseeal l'edeveliopmetntofeligibleprr.opertyinadjoining areas.

Brovkinfiel:d';Plan..and Eligible:Property
"Brownfield Plan" is defined in the-Act-as ;a plan that meets, the requirements of Section 13
of the Actand,is adoptedrun.der Section 14. of the Act. ,

"Eligible Property" is defined in the Act as property for which eligible activities are defined
under abrownf eld'plan that'was used or'is currently used iforlcommer:.cial, i ndustrial or
residential-purposes that is either in a qualified local unit of govex .ment,and:is a facility,
functionally i obsolete;,blighted, or isnot r in a go.alt ed local un .t. of government and is a
facility, , and, ineludes parcels that are adjacent or contiguous to that propertyxif the
development of the adjacent and contiguous parcels are estimated to,iucr:ease. the captured
taxable value of that property. Eligible property includes, to the extent included in the
brownfield plan, personal?property doeated,on the property. Eligtible property°does not
include; qualzfiedagricultural property exempt under Section lee of the general property
tax Aet, 1983 PA 206, MCI, 2117ee, from ,the tax levied by a local school district for school
operatingpurpeses to the extent provided under Section .211 of the revised'!school code,
1976 PA 451, 1CL 324.20101;

ADMINISTRATIVE RE-LES

Baseline Environmental Assessment Rules

Baseline Environmental Assessment Rules have been promulgated as Rule 901 through
Rule 919! of{he Micinga i kclrninistrative Code 82999.5901 to 99.5919 effective March 11,
1999.:mEQ has also published guidance- onBEAs entitled " lustructions for Preparing
and Disclosing Baseline ,Environmental Assessments;and^Secdoxn 7a Compliance Analyses
To The Michigan Deparrtnient of Environmental Quality' :andforRequesting Optional
Determ,nations" effective date Mareh 11.,,1999 ("Jfnstructiions") TheLBRAnlaytake into
consideration whether an applicant's, proposed activittesfallswithin activities reasonably
contemplated by the Act, Rules and Instructions, as they may be .amended, and other
guidance as may be issued from time to time by the MDEQ.

The BEA.Rules. and lnstructions,.reflecf,that in additions te: collecting Alata to ;distintguish :, _


existing-contamination froan-a new:release, numerous forms; affidavits', notices, st pulattohsr


an3•adu iniistrattve :r eview aybe part of the "BEA,acti'vities f.`., r

The data required to distinguish exlstiugcontamination from anei release may be


through one or more of the following: environmental data that characterizes conditions at
the property, engineering controls, isolation zones or stipulated conditions. Such activities
as the collection, development, review andpresentation of'this data,may:lieconsidered to
be "BEA-activities"Fees required to be paid to the State of Michigan pursuant to the BEA
Rules -may be considered as eligible activities

Negotiations with the MDEQ regarding the adequacy of the BEA, notices, determinations
and related be considered "BEA activlties".

Preparation of various forms contemplated by the BEA Rules 'and Instructions including,
but not lirmitedto, the BEA form, Section 7a Compliance Analysis form, Notice;R:egarding
Discarded 'or Abandoned, Containers form, Disclosure of a:BEA'form, Affldavitin Support
of a Disclosure Relying on Isolation Zones, Engineering Controls orOther`5imtlar Features
for a BEA, Petition for a BEA Determination, Affidavit in Support of a Petition for:,a BEA-
Determination, Affidavit of Environmental Professional in Support of a Petition for a BEA
Assessment Determination, Affidavit of Environmental Professional in Support ,of a se -,
Petition for a Determination of Compliance with Section 20107a, form to Cure Deficiencies
in a BEA Assessment; Affidavit.ni'supportof Information to Cure Deficiencies in a BEA,
Submittal of Post-BEA Information.,;Affidait=in support of Submittal .ofPost-BEA
Information, may be considered "BEA activities".

Construction-of;isolationzones and engineer ng.-controls::relied on:forzth:eBEA:may=be


considered "BEA activities"..

Due Care Rules

Due Care-Wales havebeei pro it igatedas Rule 1001 throe h.Rule.1021 ofthe:Michigan
Administrative Code R299.51001 to 8299.51021 effective MarchlI;1999.. The IVJDEQ has?
also published Instructions for the Notice Regarding Discarded or Abandoned Containers
required by the Due Care Rules.

The LBRAemay take into consideration. whether an applicant's=proposed'activities-fall


within:activities; reasonably-contemplated by the.DueCare Rules and== lnstruetions,as they
may be amended, and other guidance' as maybeissued froth time-totime.bythe ] EDEQ:

The Due CareRules require-certain ownerssto:take "response activity"and'to provide


"notice" with respect ;to. contannin•ation.that he,or, she-has =knowledgeisemanating =from, Tors:
has emanated from, and extends to or.beyoi d, the'bout'iidaryofthe property tliat°he-or she
owns or operates. These Due Care Rules apply to, among other things, certain discarded
or abandoned containers and released or threaten releases of hazardous substances. The
Due Care Rules require that documentation be maintained regarding, among other things,

au'•evalua.Lion'ofexposure pathways;a the eoncentira'tson ofhazardtiusi:SUbstaneeslo,whieh a.


e. 'person may be exposed, a description 'of res ionse aetioi 's'taken'o'r. to'°]ie tal^eni''an^l records
documenting response actions taken. Activities undertaken to' fulfill these "response
activities"; notice and domnentationtequirementsmaybe considered "dimease`
activiiies".. c : L,.. y ?iz! .`' ,,a

The Dueare,R:ules,imposedetailed obligations upon certain owners to prevent


exacerbation of<e isting:;cdfatariunatioii particularly with respect to certain aboveground"
and belowground containers including notice obligationsand.respouse'actr:vities. Activities
undertaken to fulfill these "response activities" and notice obligations may be considered
"duecarer. ,s ta ree,

The Due Care Rules also require activities to mitigate tunacceptable'exposures including
exposure evaluations, response activities and notice to potentially affected persons such as
workers; utility workers easement'hol `ders and owners of mineral rights; among others
The=Due..Care:Rules evire,mitigatiod. afire-and 'eplosion,izazards anti certa n notices
i

with respectto '.iii ::i.,l;. f' addition tlieR.ules require"notice of-contamination `


migrating beyoad boundaries of theowned-proper=.ty Such in itigation. evaluation°an l
notice activities abay be considered-"dim care activities".
a ,.^r S

Response Aciavxiy Rules i , r .. '`..' , ... .

In addition teethe BEA Ru1esaucl Due Care-Rules which discuss certain Response
Activities; Rules; adopted.n .der'Part.201of NR.E+ P . mayprovide guid ai:ce :for "response
activities".

IEQ has issued draft rules for Part201. Administrative'rules 'adopted under ,Aet 307
(predecessor to Part 201) entitled Administrative Rules-Environna- ental''Conta irmnation '
Response Activity are also available as guidance on "response activities". The draft 201
Rules and the Act 307 Rules are available on the lViDDEQ Internet site.

REk1Y•Ll3 U]E EN NTH JC^f3CED S'- COSTS PO BE<]^E' B, URSED IT TAX.:


B CREN.CENT:REVENUES
,.
Brownfield Plan Contract

Upon approvaPofa:BarownfieldTlat for eligibleproperty!or the inclusion of additional


parcels of eligible' property zn;arBrowwnf'.geld'.Plapwhere:theaowner/operator proposes=to.
seek reimbursement of.costs.ffor eligible activitiesxat eligible property, the:LBR:A; may
require the owner/operator to enter into a contract with the LBRA specifying the rights .
and obligations, of theparties,titerms jand' co yadationsaand schedules ',governing they capture of
the ;taxes;Frequests for rreim:bursemezi frequired)documentation determinat on ofeligible : ;
activities, reimbursement process' and dispute resolution. ^:..: I.e . J: r
f, F'
5 ..::b.1.,
:we'r a , 41 `fi'r . ,:'e , ,

Documentation of Eligible Costs ,ess.ii.,tyr se . .s,e ,sesee

. . Parties seeking reinabursement costs 'of eligible activities attributable to eligible .property
should submit to the LBRA requests for reimbursement on a monthly basis. These
requests should bdude the following:

1. Reference to the Approved. Brownfield Plan and parcel.


:at as. 2 The total amo:unt'of the reimbursement request_
ez,tesse a.te.s.aest...E. 'e.Thetotal aniOnlitofthereinaburselnentrequest0sn.-tight.-to di:tee seas b
' es .. yirsuant-ni the Appre*eelBro.yvitfieldlPlan:s.e

4.e : :..:Identification oof each elieble..activityis.2 .1thealtem, the as gheiated


. . costs, with; copies of detailed inStobes::folethe. eligible activities.
activities andte't se
et ,t. :proof of Payinent.: ( p arties seeking reimbursement°shouuld trequest
detailed billings from contractors splitting out fees.: and eosti . of
eligible:; activities from`sother;services)

5. Other nfoisaiatkm -and elacur^aentatian that :.may assist flieLBRA in -et


determining whether the costs are for eliObleiietivities attribittableio r
an eligible property and that the costs are reasonable. This
documentation may include evidence of a compelitiV&bidding process
and/or evidence that the costs are for eligible activities.

.‘ . ‘ 6. Certification by:an authorized representative of the party seeking


reimbursenient.that a) he or she hag reviewed the request for
reimbursement, b) the costs are for eligible activities attributable to
eligible property, c).the request is for costs ineurredsand-riaid and d)
he/she is authorized to seek reimbursement and to make the
certification on-behalf, of the party seeking,reinibursement

The LBRA-willmake the final determination of eligibility for all requests forreimbursenient.
Reimbursements will take place as tax capture allows. Reimbursement paymentis expected to
occur biannually: in early spring and late summer of each year. No payments will be made if
prnperty-; .pxes on any of, the eligible properties 'are delinquent.
The LBRA will make every effort to follow the reimbursement schedules as specified in LBRA
Brownfield Plans. Fora specific Brownfield Plan, the LBRA will not reimburse prior to _or in
excess of the amount of taxes captured from the eligible propel 4. Shortfalls in capture will result
in proporttonate reductions m allocations made for eligible activity reimbursements. LBRA
administrative and legal costs for establishment and administration of-the Brownfield Pia.n
governing the eligible property take priority for reimbursement over all other eligible costs.
e, s
The LBRA reserves the right to..deny or make partial.reimbursement ed. requests for *
reimbursement, which it deems not in accordance with the Brownfield Plan, the Act:and
procedures, established by LBRA for reimbursement.

:r ::ELIGI
LE ACTIVITIES DEFINITIONSI:ANp ,
• . ':,: REThfBURSEMENT PROCEDURES • • _ ..
.. / , - ADOPTED. FOR, EIMBURSEMENT,OF:THE+7[ BRA (whe5i'. applicable)
1. i!

ELIGIBLE ACTIVITIES-DETERMINATION

The Lansing Browafield`Redevelopment Authority °("LBRAA") will: bej.governed in its


determinations,as:to;whether,activities are eligible°for r.:eizribur's'e nent` or fr.anciag under
the Brorwufield Redevelopment`Fiuancing Act,1996 P.A3:81,ias:•amended ("the Act"), by the
definitions both set forth and those incorporated into the Act and by relevant rules
promulgated as part of:the Michiganu, Arimi iistr`.alive.Code,gover ling "eligible activities"
referenced in th'e;Act The;LBRAlmayalso consider^guidance:and Memoranda issued by
the Michigan Department of Environmental ,Qualityy ("NID.EQ").,and the Michigan .

Economic Growth}Autl ority ("MEGA") as. theymaY:!'relate toy:"eligible activities" and


supporting documentation provided;by' applicants :for LIBRA funds

REIIVC T7€LSE I -I.PROCE7 UR3ES' C•OS 'S TO BE REIMI3 ED WITH TAX


INCREMENT;RE'

. Do.cumiep,tatibi tif:Eligible Costs

For purposes of this plan the LBR,4. shall review .ail costs to be reimbursed using tax
increment, revenue: ;Ti,-formationpro{.vided:to:the LBRA ;regardmg g:the'eligible:costs to be
reimbursed , under this plan. should include the following:

I2:eference to the approved brow eldlan andparcei.

2. The totalamount of the reimbursement request.

3 The•total amount of;any,previousxeitabursemeht(s) approved:bythe'LBRA .


relatedto the ,brownfleld=plan. f, ;.4 ...;:^
is ^E r.; t,;

4. Identification of each eligible activity, the''associated ecosts, vviith c'opi.'es of detaia.ed


invoices for the eligible activities and proof of payment., ;

'fiber information aiid ‘do-cum'tatiori that.may assist the LBI2k iii deterrmnin
whether the costs arefor eligible aurvities attributable to an eligibl property
And That tae costs are:reas'onable ti.. _ .r.
^, .i ;,

an ', rr .

The LBRA will Make the final determinaiaozi of eligibility for all reimbursement(s).
Reimbursement(s).iyvi-ll;takeplace as;taa;captare aloevs and: is: antieipated!t&occur
biannually: in early spring and late.summer;:of eachyear: ;.- s:. z:^ r- ^. :f= ..

City of Lansing
:.Inter-.[?apartmentaL ..:.:.:....:.
Memorandum

Froze Kati Dorshiti e --:LEDC VP -Ph 483 - 4`152' '

Subject: CITY COUNCIL AGENDA ITEM - Brownfield Tlai #52 - Ivlarketpl'ace


Redevelopment Project

Date: Septeixiber•.9;2010 3.

Please forward this resolution to City Councillor ,placement on the. Agenda.

If you have any questions, or need additional information, please give me a call.

Attachments

"Equal Opportunity Employer


w;i.x, .,r:.i ^.y .. .


..
;iii.".. ^..,. it 3... :l).`. ..

BY THE DEVELOPMENT. AND. PLANNING- COMMITTEE


RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
RESOLUTION APPROVING
BROWNFIELD PLAN #52 - MARKETPLACE PARTNERS, LLC

WHEREAS, the Brownfield Redevelopment Authority (the `Authority') ;o f ; the, City of Lansing,
pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act,
Public Act, Public Act 381 of 1996, asIamended, (the `Act')./ has prepaged,a;BrQw.nfield Plan,
submitted to Council and placed on file in the office of City Clerk, LBRA Brownfield Plan #52 -
Marketplace Partners;-LLC (the 'Half );.and,

WHEREAS, a public hearing was held by the Lansing City Council on October 11, 2010, and at least
10 days before the public hearing the taxing jurisdictions were provided notice to be fully informed.:.
about the fiscal and economic implications of the proposed Plan and given a reasonable opportunity
to express their views and recommendations regarding the Plan in accordance with Section 13 (10)
and 14(1) of the Act; and _

WHEREAS, the Lansing City Council; after its public hearing on , revie'uved testinnony a'nd' evideriee
regarding the Plan, and found that:

1. the Project Property was historically used for industrial and retail purposes ,

2. the Plan provides for the reimbursement of costs attributable to eligible activities to the.
developer and the Authority,

the Project includes, in addition to the eligible activities identified in the Plan, the
redevelopment of the property,

4. the Project may result in new private investment of approximately $23,127,166,

5. the Plan provides for the capture of property tax increment revenues due to the private
investment on the site, and devotes them to repaying the Authority for its' costs associated
with eligible activities it performs, and to repaying the developer for their costs associated
with eligible actives they perform, in accordance with the Plan,

WHEREAS, the Authority Board of Directors, at its meeting on September 3, 2010, unanimously
recommended approval of the Plan, for this Project;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, after having duly
considered the Plan, finds it is in compliance with the provisions of the Act and further finds:

1. The Plan constitutes a public purpose under the Act;

2. The Plan meets all of the requirements for, a Brownfield Plan set forth in Section 13
of the Act;

3. The proposed method of financing the costs of the eligible activities,: as described
.the .Plan,, is feasible and the Authority has the ability to arrange the financing; .

..: .. : The costs of the eligible activities proposed in the Plan are reasonable and necessary
to carry out the purposes of the Act; and

5. The amount of the captured taxable value estimated to result from the adoption of the
Plan is reasonable.

IT IS FINALLY RESOLVED that the Lansing City Council hereby approves the LBRA `Brownfield
Plan #52 - Marketplace P artn.ers, LLC'.

Approved for placement on City Council Agenda.

City Attorney

Date:
THIS ITEM

NOT AVAILABLE

AT THE TIME OF PRINT


Chris Swope
Lansing City Clerk

September 29, 2010

City Council President and Members of the Lansing City Council


10th Floor, City Hall
Lansing, MI 48933

Dear Council Members:

The attached application for a permit/license has been submitted to the City Clerk's
Office, and is being forwarded for your consideration and appropriate action:

A request from Nuthouse, Inc. to Transfer Stock in 2010 Class C Licensed


Business with Dance-Entertainment Permit, located at 418-420-428 E
Michigan, Lansing, MI 48933, Ingham County, through issuance of 1,500
shares of stock to the following new stockholders: Douglas Cron, Joseph W.
Goodsir, Jr., Tracy Johnson, and David Krause; through issuance of 750
shares of stock to the following new stockholders: Stephen Crowley, and
Bruce Ferguson; through issuance of 500 shares of stock to the following
new stockholders: Thomas R. Bramson, Jr. and Jennifer Schoon; and
through issuance of 250 shares of stock to the following new stockholders:
Charles J. Hartman and Victor W. Loomis, Jr.

Sincerely,

Lansing City Clerk's Office


Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 o 517-377-0068 FAX
clerk.cityoflansingmi.com oclerk@lansingmi.gov

Chris Swope
Lansing City Clerk

REPORT ON APPLICATION FOR:

ACTION TYPE OF LICENSE


❑ Transfer Ownership El Class C
❑ Transfer Location ❑ SDD
❑ Add Partner ❑ SDM
❑ Drop Partner ❑ Tavern
Other: Transfer Stock ❑ Other:

NAME:

Contact: Carlin, Edwards, Brown & Howe, PLLC 517-321-4616


Attn.: Attorney Michael J. Brown
6017 West St. Joseph Highway, Suite 202
Lansing, MI 48917

Applicants: The Nuthouse, Inc. - Douglas Cron - 517-337-8520. Joseph W. Goodsir, Jr. -
517-337-7577 Tracy Johnson - 517-351-1500 David Krause - 517-337-8520

THE REQUEST: A request from Nuthouse, Inc. to Transfer Stock in 2010 Class C Licensed Business
with Dance-Entertainment Permit, located at 418-420-428 E Michigan, Lansing, MI 48933, Ingham
County, through issuance of 1,500 shares of stock to the following new stockholders: Douglas Cron,
Joseph W. Goodsir, Jr., Tracy Johnson, and David Krause; through issuance of 750 shares of stock
to the following new stockholders: Stephen Crowley, and Bruce Ferguson; through issuance of 500
shares of stock to the following new stockholders: Thomas R. Bramson, Jr. and Jennifer Schoon;
and through issuance of 250 shares of stock to the following new stockholders: Charles J. Hartman
and Victor W. Loomis, Jr
Location Approval City Clerk Receipt

Signature & Date Signature & Date

Chief of Police
Lansing City Clerk's Office
Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 $ 517-377-0068 FAX
clerk.cityoflansingmi.com $ clerk@lansingmi.gov
City Treasurer

Date to City Council /0 ' (-l ^ c2

FEE PAID

$200.00 DATE PAID 8-20-2010 TO DEPARTMENTS 8-20-2010


If you have any questions, please contact Kevin at: 483-4135. Thank you.

*PLEASE RETURN THIS FORM TO KEVIN REEVES IN THE CITY CLERK'S


OFFICE*

FAX 377-0068

Lansing City Clerk's Office


Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 $ 517-377-0068 FAX
clerk.cityoflansingmi.com $ clerk@lansingmi.gov

48120/2010) Doug Chambers Nuthouse Depts Approval Request.doc Page1^

Chris Swope
Lansing City Clerk

REPORT ON APPLICATION FOR:

ACTION TYPE OF LICENSE


❑ Transfer Ownership Class C
❑ Transfer Location ❑ SDD
❑ Add Partner ❑ SDM
❑ Drop Partner ❑ Tavern.-
Other: Transfer Stock ❑ Other:.

NAME:
Contact: Carlin, Edwards, Brown & Howe, PLLC 517-321-4616
Attn.: Attorney Michael J. Brown
6017 West St. Joseph Highway, Suite 202
Lansing, MI 48917

Applicants: The Nuthouse, Inc. - Douglas Cron - 517-337-8520:-Joseph W.-Goodsir, -Jr. --- _ , ..
517-337-7577 Tracy Johnson - 517-351-1500 David Krause - 517-337-8520

THE REQUEST: A request from Nuthouse, Inc. to Transfer Stock in 2010 Class C Licensed
Business with Dance-Entertainment Permit, located at 418-420-428 E Michigan, Lansing, MI
48933, Ingham County, through issuance of 1,500 shares of stock to the following new
stockholders: Douglas Cron, Joseph W. Goodsir, Jr., Tracy Johnson, and David Krause; through
issuance of 750 shares of stock to the following new stockholders: Stephen Crowley, and Bruce
Ferguson; through issuance of 500 shares of stock to the following new stockholders: Thomas
R. Bramson, Jr. and demaif.er--Sctieeri; and through issuance of 250 shares of stock to the
following new stockholders: Charles J. Hartman and Victor W. Loomis, Jr
Location Approval City Clerk Receipt

Signature & Date Signature & Date

Lansing City Clerk's Office


Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 $ 517-377-0068 FAX
clerk.cityoflansingmi:corn $ clerk@lansingmi.gov

A8/20/2-.Dl 0) Doug Chambers - Nuthouse Depts Approval Request doc Page 2,i

Chief of
Police
City ^^.
4owti Treasurer Sa4l ^(I)/9pl g, 19 /2Y/ /0

Date to City Council


FEE PAID

$200.00 DATE PAID 8-20-2010 TO DEPARTMENTS 8-20-2010


If you have any questions, please contact Kevin at: 483-4135. Thank you.
*PLEASE RETURN THIS FORM TO KEVIN REEVES IN THE CITY CLERK'S
OFFICE*
FAX 377-0068

Lansing City Clerk's Office


Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695:
517-483-4131 $ 517-377-0068 FAX
clerk.cityoflansingmi.corn $ clerk@lansingmi.gov

(8/20/2010 Christopher Devlin Nuthouse Depts Approval Request.doc Page 1

Chris Swope
Lansing City Clerk

REPORT ON APPLICATION FOR:

ACTION TYPE OF LICENSE


* Transfer Ownership NI Class C
* Transfer Location * SDD
* Add Partner * SDM
* Drop Partner * Tavern
® Other: Transfer Stock Other:

NAME:
Contact: Carlin, Edwards, Brown & Howe, PLLC 517-321-4616
Attn.: Attorney Michael J. Brown
6017 West St. Joseph Highway, Suite 202
Lansing, MI 48917
Applicants: The Nuthouse, Inc. - Douglas Cron - 517-337-8520. Joseph W. Goodsir, Jr. -
517-337-7577 Tracy Johnson - 517-351-1500 David Krause - 517-337-8520

THE REQUEST: A request from Nuthouse, Inc. to Transfer Stock in 2010 Class C Licensed
Business with Dance-Entertainment Permit, located at 418-420-428 E Michigan, Lansing, MI
48933, Ingham County, through issuance of 1,500 shares of stock to the following new
stockholders: Douglas Cron, Joseph W. Goodsir, Jr., Tracy Johnson, and David Krause; through
issuance of 750 shares of stock to the following new stockholders: Stephen Crowley, and Bruce
Ferguson; through issuance of 500 shares of stock to the following new stockholders: Thomas R.
Bramson, Jr. and Jennifer Schoon; and through issuance of 250 shares of stock to the following
new stockholders: Charles J. Hartman and Victor W. Loomis, Jr
Location Approval City Clerk Receipt
Signature & Date Signature & Date

Lansing City Clerk's Office


Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695
517-483-4131 $ 517-377-0068 FAX
clerk.cityoflansingmi.com $ clerk@lansingmi.gov

(8/20/2010) Chnstopher Devlin - Nuthouse Depts Approval Request.doc Page 2

Chief of ,G^///2 "'^/lG^ J ^X®s L5 4


Police C
City
Treasurer

Date to City Council

FEE PAID

$200.00 DATE PAID 8-20-2010 TO DEPARTMENTS 8-20-2010


If you have any questions, please contact Kevin at: 483-4135. Thank you.

*PLEASE RETURN THIS FORM TO KEVIN REEVES IN THE CITY CLERK'S


OFFICE*

FAX 377-0068

Lansing City Clerk's Office


Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 $ 517-377-0068 FAX
clerk.cityoflansingmi.com $ clerk@lansingmi.gov

Chris Swope
Lansing City Clerk

July 1, 2010

Nuthouse, Inc.
C/o Douglas Cron
4322 Juniper Drive
Kewadin, MI 49648

RE: A request from Nuthouse, Inc. to Transfer Stock in 2010 Class C Licensed Business with
Dance-Entertainment Permit, located at 418-420-428 E Michigan, Lansing, MI 48933,
Ingham County, through issuance of 1,500 shares of stock to the following new
stockholders: Douglas Cron, Joseph W. Goodsir, Jr., Tracy Johnson, and David
Krause; through issuance of 750 shares of stock to the following new stockholders:
Stephen Crowley, and Bruce Ferguson; through issuance of 500 shares of stock to the
following new stockholders: Thomas R. Bramson, Jr. and Jennifer Schoon; and
through issuance of 250 shares of stock to the following new stockholders: Charles J.
Hartman and Victor W. Loomis, Jr

Dear Applicant:

Please be advised that we are in receipt of the above referenced communication from the Liquor
Control Commission.

To begin the City's review process, please remit $200.00 to the Lansing City Clerk to cover
applicable fees for necessary investigations, inspections and council action. For this particular case,
the following administrative approvals are required:

DEPARTMENT CONTACT PERSON PHONE #

Lansing Police Chris Devlin 483-4633


City Treasurer Doug Chambers 483-4119

Feel free to contact these offices to check on the status of your request at any time after payment of
the above fee.

Once these approvals are returned to the City Clerk's Office, the matter will be placed on the Council
agenda for referral to the General Services Committee. The committee will review your application
and prepare a report back to the Council. The Council will then vote on the resolution, after which
the resolution is mailed to the Liquor Control Commission or picked up for hand delivery.

Please note that you may also be required to obtain a Cabaret License from the City of Lansing. If
your liquor license includes a Dance-Entertainment Permit or if the nature of your business includes
Lansing City Clerk's Office
Ninth Floor, City Hall, 124 VV. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 o 517-377-0068 FAX
clerk.cityoflansingmi.con cleric©lansingmi.gov
dancing and/or live music or other live entertainment this license will be required. The current
Cabaret License fee is $350, and you should apply after completion of your Liquor License.

We hope this information is helpful. Feel free to contact our office at 483-4131 if you have
any questions about the fee or approval process at the local level.

Sincerely,

Kevin Reeves, Chief Deputy City Clerk

Lansing City Clerk's Office


Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 ❑ 517-377-0068 FAX
clerk.cityoflansingmi.com ❑ clerk@lansingmi.gov

Michigan Del }lent of Energy, Labor & Economic Growth


FOR MLCC USE ONLY
MICHIGAN LICwOR CONTROL COMMISSION (MLCC,
7150 Harris Drive, P.O. Box 30005
Lansing, Michigan 48909-7505
Request ID # 561990
Business ID # 3449
LOCAL APPROVAL NOTICE
[Authorized by MCL 436.1501]

June 22, 2010

TO: LANSING . CITY COUNCIL


ATTENTION CLERK 46,40.
124 WEST MICHIGAN AVENUE 04_ 018
LANSING, MI 48933-1694
00(ivte,
APPLICANT: NUTHOUSE, INC.

Home Address and Telephone No. or Contact Address and Telephone No.:
DOUGLAS CRON, 4322 JUNIPER DRIVE, KEWADIN, MI 49648 H(231)264-9765/B(517)337-8520
JOSEPH W. GOODSIR, JR., 2062 TIMBERVIEW DRIVE, OKEMOS, MI 48864
H(517)381-1883/B(517)337-7577
TRACY JOHNSON, 831 APPLEGATE, EAST LANSING, MI 48823 H(517)351-3305/B(517)351-1500
DAVID KRAUSE, 117 CENTER STREET, EAST LANSING, MI 48823
H(517)337-3078/B(517)337-8520

The MLCC cannot consider the approval of an application for a new or transfer of an on-premises
license without the approval of the local legislative body pursuant to the provisions of MCL 436.1501
of the Liquor Control Code of 1998. For your information, local legislative body
approval is also required for DANCE, ENTERTAINMENT, DANCE-ENTERTAINMENT AND
TOPLESS - ACTIVITY PERMITS AND FOR OFFICIAL PERMITS FOR EXTENDED HOURS FOR
DANCE AND/OR ENTERTAINMENT pursuant to the provisions of MCL 436.1916 of the Liquor
Control Code of 1998.

For your convenience a resolution form is enclosed that includes a description of the licensing
application requiring consideration of the local legislative body. The clerk should complete the
resolution certifying that your decision of approval or disapproval of the application was made at an
official meeting. Please return the completed resolution to the MLCC as soon as possible.

If you have any questions, please contact Unit 3 of the Retail Licensing Division at (517) 636-0204.

PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN


TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS

sfs
C"3

r7

. Request ID # 561990

RESOLUTION

At a meeting of the
(Regular or Special) (Township Board, City or Village Council)

called to order by on at P.M.

The following resolution was offered:

Moved by and supported by

NUTHOUSE, INC. TO TRANSFER STOCK IN 2010 CLASS C LICENSED BUSINESS WITH DANCE-
That the request from
ENTERTAINMENT PERMIT, LOCATED AT 418-420-428 E MICHIGAN, LANSING, MI 48933, INGHAM COUNTY, THROUGH
ISSUANCE OF 1,500 SHARES OF STOCK TO THE FOLLOWING NEW STOCKHOLDERS: DOUGLAS CRON, JOSEPH W.
GOODSIR, JR., TRACY JOHNSON, AND DAVID KRAUSE; THROUGH ISSUANCE OF 750 SHARES OF STOCK TO THE
FOLLOWING NEW STOCKHOLDERS: STEPHEN CROWLEY, AND BRUCE FERGUSON; THROUGH ISSUANCE OF 500 SHARES
.OF STOCK TO THE FOLLOWING NEW STOCKHOLDERS: THOMAS R.BRAMSON, JR. AND JENNIFER SCHOON; AND
THROUGH ISSUANCE OF 250 SHARES OF STOCK TO THE FOLLOWING NEW STOCKHOLDERS: CHARLES J. HARTMAN AND
VICTOR W. LOOMIS, JR.

be considered for
(Approval or Disapproval)

APPROVAL DISAPPROVAL

Yeas: Yeas:

Nays: Nays:

Absent: Absent:

It is the consensus of this legislative body that the application be:

for issuance
(Recommended or Not Recommended)

State of Michigan )

County of

I hereby certify that the foregoing is a true and complete copy of a resolution offered and

adopted by the at a
(Township Board, City or Village Council) (Regular or Special)

meeting held on
(Date)

(Signed)
(Township, City or Village Clerk)
SEAL

(Mailing address of Township, City or Village)


LC-1305 (Rev. 08/2006) The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
Authority: MCL 436.1501 national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
Completion: Mandatory with Disabilities Act, you may make your needs known to this agency.
Penalty: No License

DEPARTMENT _ j- .CITY OF LANSING 624067


.DIVISION ;If 'MICHIGAN DATE 8/g() 20/0
RECEIVED •OF-Ih fC; A---f!>
""'CR'EDIT `"'" "'°--- AMOUNT" P *- -
' -
DOLLAR "CENTS
- -
AND

IN PAYMENT OF .1-

CASH:

CHECK NO. 05 .

AUTHOR TIED AGENT


Chris Swope
Lansing City Clerk

September 29, 2010

City Council President and Members of the Lansing City Council


10th Floor, City Hall
Lansing, MI 48933

Dear Council Members:

The attached application for a permit/license has been submitted to the City Clerk's
Office, and is being forwarded for your consideration and appropriate action:

Correction to Resolution #2010-296; Transfer ownership of 2010 Class C and SDM with
Outdoor service (1 area on city sidewalk) and Sunday Sales from M.I.K, Inc. to Mad
Bags, LLC located at 1145-1147 S Washington Ave., Lansing, MI 48910

Sincerely,

Chris Swope, CMC


Lansing City Clerk

Lansing City Clerk's Office


Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 ❑ 517-377-0068 FAX
clerk.cityoflansingmi.com aclerk@lansingmi.gov
BY THE <<COMMITTEE NAME>>
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, on August 23, 2010, the Lansing City Council approved a request to
Transfer Ownership of 2010 Class C Licensed Business, located at 1145-1147 S.
Washington Ave., Lansing, MI 48910, Ingham County from M.I.K., Inc. to Mad
Bags, LLC; & Request for New Dance-Entertainment Permit through Resolution
#2010-296; and

WHEREAS, on September 24, 2010, the Licensing and Enforcement Division of


the Michigan Liquor Control Commission informed the applicant and the City
Clerk's office that its inspection of the property located at 1145-1147 S
Washington Ave. included outdoor service, of which it was aware, but failed to
report in its original request that the outdoor service was on city property due to
the fact that they do not denote in their system if previously existing outdoor
service is on city property and this is only discovered when an inspection is done;
and

WHEREAS, on September 24, 2010, the Licensing and Enforcement Division of


the Michigan Liquor Control Commission submitted a request from Mad Bags,
LLC to Transfer ownership of 2010 Class C and SDM with Outdoor service (1
area on city sidewalk) and Sunday Sales from M.I.K, Inc. to Madbags, LLC
located at 1145-, 1147 S Washington, Lansing 48910; and

WHEREAS, the City Fire Marshall and Planning/Zoning department have stated
that no further inspections are required since outdoor service on city property had
already been inspected as part of their original investigations; and

WHEREAS, the «Committee_Name» met on to review the request with


affirmative action taken;

NOW, THEREFORE, BE IT RESOLVED, the Lansing City Council, hereby,


corrects Resolution #2010-296 through the approval of the request from Mad
Bags, LLC to Transfer ownership of 2010 Class C and SDM with Outdoor service
(1 area on city sidewalk) and Sunday Sales from M.I.K, Inc. to Mad Bags, LLC
located at 1145-1147 S Washington Ave., Lansing 48910;

BE IT FURTHER RESOLVED, the City Clerk is requested to notify the Michigan


Liquor Control Commission of the action taken.

Sep. 24. 2010 3:33PM STATE OF MICHIGAN No. 1262 P. 1

STATE OF MICHIGAN
DEPARTMENT OF LABOR & ECONOMIC GROWTH
LIQUOR CONTROL COMMISSION

RESOLUTION

At a meeting of the
(Regular or Special) (Township Board, City or Village Council)

called to order by _ on at P.M.

The following resolution was offered:

Moved by and supported by

That the request To:

Transfer ownership of 2010 Class C and SDM with Outdoor service (1 area on city sidewalk) and Sunday Sales from
M.I.K, Inc, to Madbags, LLC located at 1145-, 1147 S Washington, Lansing 48910

be considered for
(Approval or Disapproval)
APPROVAL DISAPPROVAL

Yeas: Yeas:

Nays; Nays:

Absent: Absent:

It is the consensus of this legislative body that the application be:

for issuance
(Recommended or not Recommended)

State of Michigan ).

County of

I hereby certify that the foregoing is a true and complete copy of a resolution offered and

adopted by the at a
(Township Board, City or Village Council) (Regular or Special)

meeting held on
(Date)

SEAL (Signed)
(Township, City of Village Clerk)

(Mailing address of Township, City of Village)


9/27/2010) Kevin Reeves - Re Mad Bags (Former Izzo's Pub) 1145.1147 S Washington Ave. Paste

From: Susan Stachowiak -


To: Kevin Reeves
CC: Bill Rieske
Date: 9/27/2010 12:56 PM
Subject: Re: Mad Bags (Former Izzo's Pub) 1145-1147 S. Washington Ave.

No additional requirements or necessary inspections from a zoning standpoint.

Bill,

Do you have any concerns or requirements for the outdoor liquor service at Izzo's?

Thanks
Sue

Susan Stachowiak
Zoning Administrator
City of Lansing - Planning Office
316 N. Capitol Ave., Suite D-1
Lansing, MI 48933
517-483-4085
Fax: 517-483-6036
sstachow@lansingmi.gov

>>> Kevin Reeves 9/24/2010 3:05 PM >>>


Phil and Sue,

City Council approved the above referenced transfer of liquor license with new dance-entertainment
permit. Liquor Control was aware of the existing outdoor service, however they did not include that in
the request they sent. They have sent a revised request to include the outdoor service. Mad Bags has
not received their license yet because of this issue. My question is, do you need to reinspect this location
with this knowledge? I would like to get this matter before City Council this coming Monday night,
September 27, 2010. Please advise.

Kevin Reeves
Chief Deputy City Clerk
Lansing City Clerk's Office
124 W. Michigan Ave, 9th Floor
Lansing, MI 48933-1695

Phone: (517) 483-4131


Voice Mail: (517) 483-4135
Fax: (517) 377-0068
TDD: (517) 483-4479
Email: kreeves(a>lansingmi.gov

CONFIDENTIALITY NOTICE: This email contains information from the sender that may be
CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email
is intended for use only by the person or entity to whom it is addressed. If you are not the intended
recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the
contents of this email, is strictly prohibited. If you received this email in error, please contact the sending
party by replying in an email to the sender, delete the email from your computer system and shred any
paper copies of the email you printed.

(9/27/2010) Kevin Reeves Re Mad Bags (Former lzzo's Pub 1145-1147 S Washington Ave Page

(9/29/2010) Kevin Reeves Re Mad Bags (Former Izzo's Pub) 1145-1147 S Washington Ave Page 1

From: Philip Sabon


To: Reeves, Kevin
Date: 9/29/2010 8:51 AM
Subject: Re: Mad Bags (Former Izzo's Pub) 1145-1147 S. Washington Ave.

Kevin, sorry about this being late. I over look it. I do not need re-inspect the business.

Phil

>>> Kevin Reeves 9/24/2010 3:05 PM >>>


Phil and Sue,

City Council approved the above referenced transfer of liquor license with new dance-entertainment
permit. Liquor Control was aware of the existing outdoor service, however they did not include that in
the request they sent. They have sent a revised request to include the outdoor service. Mad Bags has
not received their license yet because of this issue. My question is, do you need to reinspect this location
with this knowledge? I would like to get this matter before City Council this coming Monday night,
September 27, 2010. Please advise.

Kevin Reeves
Chief Deputy City Clerk
Lansing City Clerk's Office
124 W. Michigan Ave, 9th Floor
Lansing, MI 48933-1695

Phone: (517) 483-4131


Voice Mail: (517) 483-4135
Fax: (517) 377-0068
TDD: (517) 483-4479
Email: kreeveslansingmi.gov

CONFIDENTIALITY NOTICE: This email contains information from the sender that may be
CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email
is intended for use only by the person or entity to whom it is addressed. If you are not the intended
recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the
contents of this email, is strictly prohibited. If you received this email in error, please contact the sending
party by replying in an email to the sender, delete the email from your computer system and shred any
paper copies of the email you printed.
RESOLUTION #2010-296
BY THE COMMITTEE ON GENERAL SERVICES
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Licensing and Enforcement Division of the Michigan Liquor Control
Commission received a request from Craig Landes & Jack Oliver to Transfer Ownership
of 2010 Class C Licensed Business, located at 1145-1147 S. Washington Ave.,
Lansing, MI 48910, Ingham County from M.I.K., Inc. to Mad Bags, LLC; & Requests
New Dance-Entertainment Permit; and

WHEREAS, the Committee on General Services met on Monday, August 16, 2010 to
review the request with affirmative action taken;

NOW, THEREFORE, BE IT RESOLVED, the Lansing City Council, hereby, approves


the request from Craig Landes & Jack Oliver to Transfer Ownership of 2010 Class C
Licensed Business, located at 1145-1147 S. Washington Ave., Lansing, MI 48910,
Ingham County from M.I.K., Inc. to Mad Bags, LLC; & Requests New Dance-
Entertainment Permit;

BE IT FURTHER RESOLVED, the City Clerk is requested to notify the Michigan Liquor
Control Commission of the action taken.
Chris Swope
Lansing City Clerk

September 29, 2010

City Council President Robinson and Lansing City Council Members


10th Floor City Hall
Lansing, MI 48933

Dear President Robinson and Council Members:

On September 24, 2010 my office received and placed on file:

Board of Water and Light's Annual Audit for Fiscal Year ending June 30, 2010

This document is available for review at the office of the City Clerk and on the City Clerk's
website (www.lansingmi.gov/clerk).

Sincerely,

Lansing City Clerk's Office


Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 • TDD 517-483-4479 . 517-377-0068 FAX
www.lansingmi.gov/clerk • clerk@lansingmi.gov

01

Chris Swope
Lansing City Clerk

September 30, 2010

President Robinson and Members of the Lansing City Council


10th Floor City Hall
Lansing, MI 48933

Dear President Robinson and Council Members:

The Minutes from the Meetings of the following Boards and Authorities of the City of
Lansing were placed on file in the City Clerk's Office and are attached for your information
and review.

BOARD NAME DATE OF MEETING

BWL Board of Commissioners July 27, 2010


Plumbing Board of Appeals September 10, 2009

If I, or my staff, can provide further assistance or information relative to the filing of these
minutes, please contact us at 483-4131.

Sincerely,

Chris Swope, Lansing City Clerk

Lansing City Clerk's Office


Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 ❑ 517-377-0068 FAX
www.lansingmi.gov/clerk ❑ clerk@lansingmi.gov

DEPARTMENT OFPLANNING AND


NEIGHBORHOOD DEVELOPMENT
316 N. Capitol Avenue, Suites C-1 • Lansing, MI 48933-1238
(517) 483-4355 • FAX: (517) 377-0169

BUILDING SAFETY OFFICE


Virg Bernero, Mayor
November 5, 2009
OFFICIAL PROCEEDINGS OF THE CITY OF LANSING
PLUMBING BOARD OF APPEALS r=^

Held at 316 N. Capitol Ave. at 7:00 pm


September 10, 2009
C)
rn

MEMBERS PRESENT: BILL POND, STEVE RECK, EMMETT KELLY, TIM WAITE,`
MEMBERS ABSENT: 'TIM HAGGART n
F

STAFF PRESENT: FRANK EIROSIUS, SR., CHIEF PLUMBING INSPECTOR


DAVE BURTON, PLUMBING INSPECTOR
Chairman Tim Waite called the meeting to order at 7:08 p.m. On a motion by Tim Waite, supported by
Emmett Kelly, the minutes of May 14, 2009, were approved unanimously.
Old Business: The Plumbing Board members asked if Frank Eirosius had received a response back
from the Public Service Department and the City Attorney's office regarding inspections of building
sewers on private property. Frank stated that he had been subpoenaed regarding the matter and asked
questions, however he has not heard back from them with their decision.
New Business: Case number PBA-001-2009 regarding 1601 E. Michigan Avenue was filed by
petitioners Alexander and Linda Beal. The petitioners were not present because they had called to
revoke the appeal. They said they would be in compliance within 14 days from September 10, 2009.
The Board discussed Rinni continuous water heaters. After lengthy discussion they decided to handle
the continuous water heaters like any other water heater having the Plumbing department make their
decisions on an individual basis.
Frank informed the Plumbing Board that a new House Bill # 4730 was introduced which addresses
smoke detectors in residential homes.
The Board also had a lengthy discussion regarding geothermal systems and how to address a system
that goes into a residential home.
At 8:39 p.m. a motion was made by Bill Pond and seconded by Emmett Kelly to adjourn. The motion was
carried unanimously.
Next Plumbing Board meeting will be October 8, 2009 at 7:00 p.m.

Draft Date: November 5, 2009


Approved date:
cc: Mayor's Office Appeals applicants q! c9-nn 1,0
City Clerk's Office Public file - original
Appeal folders Board Secretary

Approved by the Board on 9-28-10

MINUTES OF THE BOARD OF COMMISSIONERS' MEETING

LANSING BOARD OF WATER AND LIGHT

July 27, 2010

The Board of Commissioners met in the Boardroom of the Administrative Offices, 1232 Haco Drive,
Lansing, Michigan.

Vice Chairperson Lain called the meeting to order at 5:30 p.m.

Present: Commissioners Margaret Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain,
Dennis Louney Marilyn Plummer and Tracy Thomas.

Absent: Commissioner Sandra Zerkle

The Corporate Secretary declared a quorum present.

Commissioner Plummer led the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Bossenbery seconded by Commissioner Thomas to approve the minutes


of the Regular Board Meeting of May 25, 2010.

Action: Carried unanimously.

PUBLIC COMMENTS

MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA
SUBJECT. ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY
DO SO IMMEDIATELY PRIOR TO ADJOURNMENT.

There was no public comment.


-------------------

COMMUNICATIONS

Letter of resignation from Board of Water & Light Commissioner Peter Kramer effective July 31,
2010.

Received and Place on File


.
Regular Board Mtg.
July 27, 2010
Page 2 of 24
COMMITTEE REPORTS

FINANCE COMMITTEE
June 8, 2010

The Finance Committee of the Board of Water and Light met at the Executive Offices, Lansing
beginning at 4:00 p.m. on Tuesday, June 8, 2010.

Finance Committee Chairperson Peter Kramer called the meeting to order and asked the Secretary
to call the roll. The following members were present: Commissioners Peter Kramer, Margaret
Bossenbery, Dennis Louney (arrived at 4:11 p.m.) Alternate committee members Tracy Thomas
and Sandra Zerkle were present. Also present Board member Tony DeLuca.

Absent: Frank Lain.

Public Comments

There were no public comments.

Approval of Minutes

Motion by Commissioner Thomas, seconded by Commissioner Bossenbery to approve the


Finance Committee meeting minutes of April 27, 2010.

Action: Carried unanimously.

Defined Benefit and VEBA Quarterly Updates

FY 3rd Quarter 2010 Reports

General Manager J. Peter Lark introduced Michael Muirhead, Associate Financial Advisor for
Merrill Lynch Institutional Consulting Group who provided a 3rd quarter update and report on the
Defined Benefit (DB) Plan and the Voluntary Employees Beneficiary Association (VEBA) Plan. The
update included information on Investment Managers' Performance, Total Portfolio Performance,
Asset and Manager Fund Allocations and Distribution of Returns. Also included in the report is an
update on Fund Manager Scores and Market Indices and Portfolio Information.

Mr. Muirhead stated that there was a dramatic turnaround in the market over a six week period and
that allowed the equity to finish positively during the first quarter.

Chair Kramer expressed concern with some of the unfavorable performances from the Investment
Managers.

In response to Chair Kramer's concerns, Mr. Muirhead stated that every quarter there is going to
be divergences between the various fund's performance versus benchmarks. He stated the
Board's approach continues to be solid and just as some funds are trailing today, since the various
funds inception have had periods of time when they have out performed the benchmarks.

Commissioner Kramer questioned what the expectations are when looking at our fund portfolio
versus the appropriate benchmarks.
Regular Board Mtg.
July 27, 2010
Page 3 of 24

In response to Chair Kramer's question, Mr. Muirhead stated that every 90 days Merrill Lynch
monitors how the money is invested and how it is allocated to make sure that the investment
managers are managing the dollars in accordance with why they were hired. It means monitoring
their process, their people and their philosophy to make sure they are holding true to that fund's
investment philosophy. Ms. Devon indicated that Merill Lynch was retained under Merrill's
expectation that they could beat the benchmark by 200 bps over time using the active
management technique. From an evaluation prospective, Mr. Muirhead stated they believe that
investment managers and investment strategies need at least three years in order to be able to
evaluate how those managers are performing.

DB Performance Summary
FY 2010 Third Quarter Ended March 31, 2010
Absolute Performance

Sources of Funds a) - in thousands Current Quarter (ending 3/31/2010) Since Investment Strategy Inception (3/31/2009)
Beginning Market Value 80,232 66,078
Net Contribution -2,009 -8,755
Investment of Earnings 2,990 23,890
Ending Market Value 81,213 81,213

VEBA Performance Summary


FY 2010 Third Quarter Ended March 31, 2010
Absolute Performance

Sources of Funds ($) - in thousands Current Quarter (ending 3/31/2010) Since Investment Strategy Inception (3/31/2009)
Beginning Market Value 74,548 47,265
Net Contribution 3,244 15,552
Investment of Earnings 2,886 17,861
Ending Market Value 80,678 80,678

The complete 3rd Quarter Reports are on file in the Office of the Corporate Secretary and
available for public viewing.

ICMA Annual Update

Sandra Rouse-Thames, Director of Strategic Relations, provided background information on the


ICMA-RC plans. Ms. Rouse-Thames reviewed the Assets and Plan Asset Allocation for the 401
and 457 plans, which included a breakdown of Plan Asset Allocation by age. She stated that the
full Annual Service Review Plan review is available with Bill Aldrich, Board of Water & Light's
Manager of Financial Services.

John McCann, Regional Vice President provided an overview of the Fund Lineup and the plan
activities of the 401 and 457 Plans.

Retirement Plan Specialist Linda Brooks reviewed the 2009-2010 education activities that occurred
over the past year. The educational activities included individual consultations and seminars. She
also spoke about upcoming seminars that will explore the establishment of the Roth IRAs and
payroll deduction.

Financial Accounting Standard (FAS) 71 Approval


Regular Board Mtg.
July 27, 2010
Page 4 of 24
General Manager Lark provided a review of FAS 71 to account for contributions associated with
the new chiller plant facility. He stated that FAS 71 is an accounting technique in which the goal is
to match cost and revenue. Mr. Lark requested that he Finance Committee move a resolution to
the full Board that would allow the revenue that exceeded the write off of the Old Ottawa Station
facility to be spread over the life of the new Chiller Plant.

On motion by Commissioner Louney, seconded by Commissioner Bossenbery, to forward to the


full Board the proposed resolution to consider the Application FAS #71 for the Ottawa Station
facility to be set up in a regulatory asset account.

Action: Carried unanimously

Internal Audit Update

Internal Audit Status Report

Internal Auditor Phil Perkins presented an overview of Internal Auditors Status Report that
included:

• Audits and Reviews completed to date in FY2010 and Audit/Reviews in progress


• PlanninglRisk Assessments for FY2011
• Audit Reports completed since last update

Contracted Internal Auditor Charles Moore assisted Internal Auditor Perkins in reviewing the
completed Audit Reports. The completed Audit Reports included Electric Transmission &
Distribution System Audit, Engineering Services-Annual Projects, Fuel Procurement Follow-up and
Cash Receipts Follow-up. This report is presented in two parts. Part One of this report is the
Executive Summary that contains an outline of findings, recommendations and management
responses. Part Two of the report is a detailed audit report that contains a description of programs
and activities; audit objectives, scope and methodology and prior audit follow-up; comments,
findings, recommendations, and management responses; and a glossary of acronyms and terms.

The complete Internal Audit Status Report is on file in the Office of the Corporate Secretary
and is available for public viewing.

Excused Absence

On motion by Commissioner Louney, seconded by Commissioner Bossenbery, to excuse the


absence of Commissioner Lain.

Action: Carried unanimously.

There being no further business, the meeting adjourned at 5:30 p.m.

Respectfully submitted
Peter W. Kramer, Chair
Finance Committee
Regular Board Mtg.
July 27, 2010
Page 5 of 24
COMMITTEE OF THE WHOLE
July 13, 2010

The Committee of the Whole of the Lansing Board of Water and Light met at the Executive Offices,
Lansing beginning at 5:30 p.m. on Tuesday, July 13, 2010.

Committee of the Whole Chair Lain called the Committee of the Whole meeting to order and asked
the Corporate Secretary to call the roll.

Present: Commissioners Margaret Bossenbery, Tony DeLuca, Peter Kramer, Dennis Louney,
Frank Lain, Marilyn Plummer, Tracy Thomas and Sandra Zerkle

Absent: None

Public Comments

There were no public comments.

Approval of Minutes

Motion by Commissioner Louney seconded by Commissioner Zerkle to approve the Committee of


the Whole meeting minutes of May 11, 2010.

Action: Carried unanimously.

Resolution for Authority to Designate Representative to EPA

General Manager J. Peter Lark stated that the proposed resolution would allow him authority to
designate representatives for the purpose of reporting to the Environmental Protection Agency
(EPA) under the Clean Air Act. He asks that the Committee forward the resolution to the full board
for consideration.

On motion by Commissioner DeLuca, seconded by Commissioner Plummer, to move the


proposed resolution for designating representatives to the EPA to the full board for consideration
and approval.

Action: Carried unanimously.

Moore's Park Life Extension (Information Only)

General Manager J. Peter Lark presented the Board of Commissioners with the 2010 Moores Park
Steam Replacement proposal.

General Manager Lark stated that there are four steam boilers at the Moores Park steam
production plant that produce steam for about 225 customers. Those customers are some of the
largest entities in the City of Lansing, including General Motors, City of Lansing, LCC, Boji Group
Tower, Ingham County and the Accident Fund.

General Manager Lark stated that about a year ago he came up with an idea of how to address the
problems at the aging Moores Park Plant. Since that time the Environmental Protection Agency
Regular Board Mtg.
July 27, 2010
Page 6 of 24
(EPA) has proposed stricter regulations for industrial boiler emission. These regulations will cost
the BWL anywhere from $30 to over $100 Million to bring the steam boilers into compliance with
them. In addition, the steam boilers are aging, 3 of them are 55 years old and almost beyond their
life expectancy. With the new EPA rules the boilers will probably have to be replaced by the end of
2013 and upgrading is really not an option.

Mr. Lark directed his Strategic Planning group to conduct a life extension study for the purpose of
determining the best option regarding Moores Park. That study resulted in the proposed plan to
build a natural gas combined-cycle cogeneration plant that will be located in Reo Town. The
building will include 180 offices with a goal to have the new facility LEED-certified. The project will
be an economic development boost to REO town and a positive step in the revitalization of the
area. The project will also create about 1000 construction jobs, as well.

George Stojic, Executive Director of Strategic Planning, stated that this project was initially
centered on the Moores Park steam plant and was prompted by the need to comply with some
tough environmental regulations being promulgated by the EPA as well as needing to make some
substantial capital and maintenance related expenditures to keep the plant operational. Both the
maintenance and the environmental expenditures are major operational and financial challenges
for the Board of Water & Light. There are also challenges with the electric generation side of the
business, especially with the smaller Eckert units. Eckert has 3 smaller units and 3 larger units.
The 3 smaller units share some characteristics with the Moores Parks units in that they are old and
quite inefficient. The units have rising operational and maintenance costs and will also face some
very tough environmental compliance issue in the near term. We have parallel requirements on
the steam side and electric side and it makes sense to address the problems simultaneously as it
is much more cost effective and efficient to do so.

Mr. Stojic said that we asked ourselves if it is worth sinking significant money into Moores Park in
the light of the fact that we will also be losing our electric generation units 1, 2 and 3 at Eckert and
we are going to need some additional generating capacity on the electric side of the business.

As part of the planning process we developed a financial model considering various options to
determine what each would cost over a 25 year planning period.

Staff considered three options to maintaining or replacing the Moores Park facility. Two of those
options involve a natural gas combined-cycle cogeneration plant. This type of plant is one of the
most efficient ways of producing electricity. What it involves is simply mixing air and fuel in a jet
engine and allowing it to turn a generator and then capturing the hot exhaust to produce steam,
doing one of two things with it, either sending it out to customers as steam for heat or turning
another electric generator.

Staff looked at two combined-cycle units, a larger and a smaller one. A third option was to simply
build a natural gas boiler for steam generation. That would be the simplest solution and the least
capital extensive, but was very expensive to operate.

Staff determined that the least expensive and most cost effective option would be to address the
steam and electric issues together with a large natural gas combined-cycle cogeneration plant.

Dick Peffley, Executive Director of Water Utility & Special Projects, stated that his responsibility in
this project is design and structure. There are three major components of the project. The first is
the construction of the new plant, which will be located at 1203 S. Washington, just north of the
Regular Board Mtg.
July 27, 2010
Page 7 of 24
railroad tracks. We have an option to purchase that property until the end of January of next year.
This is one of four sites that were looked at and is the least cost option to build. This plant will take
18 months to construct.

The second part of the project is the renovation of the South Washington train station. This is a
4200 sq. ft. building and came as part of the property. The building was built in the early 1900's
and is currently listed on the Michigan Historic Registry, so that influences what can be done with
this building.

After successful completion of the plant, the demolition of the existing Moores Park plant will begin.
All of the obsolete equipment from the inside and outside will be removed. The building will be left
for future use.

Susan Devon, Assistant General Manager and Chief Financial Officer, stated that the cost of the
plant is about $182 Million and that bonds would be issued to pay for the new plant. The Bonds
will be paid off over a 28 year period.

General Manage Lark stated that on Thursday they will be meeting with the Lansing State
Journal's Editorial Board and there will be an open forum next Wednesday for any feedback.

Action: Carried unanimously.

Excused Absence

None

Other

General Manager Lark thanked his Administration for all of their effort on the Moores Park life
extension project. He also thanked George Stojic for all of his effort on the water contracts.

Adjourn

On Motion by Commissioner Thomas, seconded by Commissioner DeLuca, the meeting


adjourned at 7:00 p.m.

Respectfully submitted
Frank Lain, Chair
Committee of the Whole

FINANCE COMMITTEE
July 13, 2010

The Finance Committee of the Board of Water and Light met at the Executive Offices, Lansing
beginning at 4:00 p.m. on Tuesday, July 13, 2010.

Finance Committee Chairperson Peter Kramer called the meeting to order and asked the Secretary
to call the roll. The following members were present: Commissioners Peter Kramer, Dennis
Louney. Alternate committee members Tracy Thomas and Sandra Zerkle were present. Also
present Board members Tony DeLuca and Marilyn Plummer (arrived 4:10).
Regular Board Mtg.
July 27, 2010
Page 8of24

Absent: Commissioner Margaret Bossenbery.

Public Comments

There were no public comments.

Approval of Minutes

Motion by Commissioner Louney, seconded by Commissioner Lain to approve the Finance


Committee meeting minutes of June 8, 2010.

Action: Carried unanimously.

FAS 114 External Audit Report (FY 2010)


Presented by Shaun Krick, CPA, Plante & Moran

General Manager Lark introduced external auditor Shaun Krick, Manager with Plante Moran (P&M)
who reviewed and presented the FAS 114 External Audit Report.

Mr. Krick stated that the Financial Account Standard (FAS) 114 is a statement of auditing
standards that involve communications between the external auditors and the Governing Board. It
requires the external auditor report and updates the charged Governance with anticipated audit
plans and any significant issue findings that are reasonably anticipated during the year as well as
anticipated ways to solve those issues and gather information from the Board pertaining to areas
that may be of concern regarding an increased risk of material misstatement in financial records.

Mr. Krick reviewed some of the risk areas that have been identified and will be taking a closer look
at:

Capitalization & disposal of capital assets.

This is probably the second most significant activity at the Board of Water & Light other than
producing power.
Purchase of & accounting for inventory.

The auditors will be doing some limited observations procedures on third party coal measurements
and the other material stores.

Recognition of revenue, including unbilled

This is one of the most significant activity and the auditors will be reviewing accounting records for
appropriate support and correct amounts.

Understatement of accounts payables & other liabilities

This is a standard item of risk and is something that the auditors will be focused on.
Regular Board Mtg.
July 27, 2010
Page 9 of 24
Environmental remediation

This is anything related to landfills or any other items that the Board of Water & Light has obliged
itself to take care of related to environmental issues. This area will be observed to make sure that
value is recorded appropriately.

Indirect cost capitalization rate

There were comments in last year's audit in this particular area. The BWL administration staff has
conducted an in-depth study in support of its capitalization rate during the current fiscal year. That
study has been submitted to Plante Moran for our review.

Investment activity, contributions & disbursement-pension plans

This area will be focused on since it has the most significant activity with three of the four pension
plans, VEBA, Defined Benefit and Defined Contribution. Also any other significant transactions
that have occurred during the year will be reviewed to make sure all documentation for transactions
are appropriately supported.

In response to the required discussion points mentioned on page #12 of the presentation,
Commissioner Kramer stated that the Board should maintain the same policy that was in place the
previous year and that Susan Devon, Assistant General Manager and Chief Financial Officer
should be the contact person.

Mr. Krick asked the Board of Commissioners if there were any areas of concern for either an
increased risk of material misstatement or fraud or if there was an area where they should be
spending additional time.

In response to Mr. Krick's questions Commissioners' Kramer and Lain stated that there were no
areas of concern.

A complete copy of the Plante & Moran Audit of June 30, 2010 Financial Statements & Related Pension Plans
Presentation is on file in the Corporate Secretary's office.

Purchasing Policy Exception Reports

FY2010 PURCHASING REPORTS FOR BWL COMMISSIONERS

The General Manager shall report the following items to the BWL Commissioners on a yearly basis
or as otherwise defined in the Purchasing Procedures:

A. Sole source contracts in an amount equal to or greater than $5,000.


B. Emergency contracts in an amount equal to or greater than $5,000.
C. Purchasing Policy and procedure violations during the fiscal year to date (as of June 30).
D. Professional service and consulting contracts in an amount equal to or greater than $50,000
per year.
E. Contracts with a term exceeding thirty-six consecutive months.
F. Documentation of delegated purchasing authority.
G. Purchasing Procedure revisions.
H. Litigation pertaining to any particular contract covered by the Purchasing Policy.
Regular Board Mtg.
July 27, 2010
Page 10 of 24
I. Efforts to use Local businesses and Diverse Vendor.
J. Categories of purchases, other than those specifically excluded by this policy in Section 5-00,
that the General Manager or designee has deemed necessarily excluded from the Purchasing
Policy because of the nature of the product or service.

The General Manager presented the required reports to the committee.

A detailed copy of the Purchasing Policy Report is on file in the Corporate Secretary's office.

Resolution for Revising Purchasing Policy

General Manager Lark introduced Dan MacLennan, Manager of Purchasing and Warehousing.

Mr. MacLennan presented the Board with a PowerPoint presentation on Procurement Policy. The
presentation also included details of the policy revision purpose.

A detailed copy of the Purchasing Policy Report PowerPoint presentation is on file in the Corporate Secretary's office.

The Board of Water & Light Procurement Policy is on file in the Office of the Corporate Secretary.

On motion by Commissioner Lain, seconded by Commissioner Thomas, to forward to the full


Board the proposed resolution to consider revisions to the Procurement Procedures.

Action: Carried unanimously

Notice of Intent to Issue Bonds Resolution

General Manager Lark presented the Board with a resolution to allow the Administration the
authority to publish a Notice of Intent to issue Revenue Bonds for Moores Park cogeneration plant
and system improvements. He said there will be another Bond resolution before the Board at a
later date which would actually allow the BWL to sell the bonds.

Motion by Commissioner Lain, seconded by Commissioner Louney, to forward to the full Board the
proposed resolution to allow the Administration the authority to publish the Notice of Intent to issue
Revenue Bond for Moores Park cogeneration plant and system improvements.

Action: Carried unanimously

Resolution Authorizing Officials to Make Declaration of Official Intent

General Manager Lark stated that under the IRS Code, if any funds are going to be used from the
tax-exempt bond issuance to purchase any assets related to the Moores Park Extension there has
to be a declaration.. This resolution before the Board will authorize designated Administration to
make the required declaration of intent.

On motion by Commissioner Thomas, seconded by Commissioner Lain, to forward to the full


Board the proposed resolution for the delegation of authority to give notice of intent.

Action: Carried unanimously

2010 Internal Audit Reports


Regular Board Mtg.
July 27, 2010
Page 11 of 24

Audit Reports were included in the packet for informational purposes only.

Excused Absence

On motion by Commissioner Lain, seconded by Commissioner Thomas, to excuse the absence of


Commissioner Bossenbery.

Action: Carried unanimously.

There being no further business, the meeting adjourned at 4:25 p.m.

Respectfully submitted
Peter W. Kramer, Chair
Finance Committee

HUMAN RESOURCE COMMITTEE


July 20, 2010

The Human Resource Committee of the Lansing Board of Water and Light met at the Executive
Offices, Lansing beginning at 4:00 p.m. on Tuesday, July 20, 2010.

Human Resource Committee Acting Chairperson Sandra Zerkle called the meeting to order and
asked the Secretary to call the roll. The following members were present Commissioners Tracy
Thomas, Marilyn Plummer and Sandra Zerkle. Also present were Commissioners Marge
Bossenbery, Peter Kramer and Frank Lain.

Absent: Commissioner Tony DeLuca

Public Comments

There were no public comments.

Approval of Minutes

Motion by Commissioner Plummer, seconded by Commissioner Thomas to approve the Human


Resource Committee meeting minutes of August 12, 2009.

Action: Carried unanimously.

FY 2010 Board Appointee Performance Review - General Manager

General Manager Performance Review

General Manager J. Peter Lark requested a closed session for the purpose of receiving his
contractual year-end performance evaluation as permitted by Open Meetings Act exemption MCL
15.268(a).
Regular Board Mtg.
July 27, 2010
Page 12 of 24
Motion by Commissioner Plummer, seconded by Commissioner Thomas to go into closed session.

Action: Carried unanimously.

The Human Resource Committee meeting went in to closed session at 4:10 p.m.

Motion by Commissioner Thomas, seconded by Commissioner Plummer that the Human Resource
Committee returned to open session.

Action: Carried unanimously

The Human Resource Committee meeting reconvened in open session at 5:12 p.m.

Upon conclusion of the closed session, the Human Resource Committee took the following action:

Motion by Commissioner Thomas and seconded by Commissioner Plummer to reach a


contractual agreement with Mr. Lark, the Human Resources Committee authorizes the Board Chair
to finalize details with Legal Counsel.

Action: Carried unanimously

FY 2010 Board Appointee Performance Review - Internal Auditor

Internal Auditor Performance Review

Internal Auditor Phil Perkins requested a closed session for the purpose of receiving his contractual
year-end performance evaluation as permitted by Open Meetings Act exemption MCL 15.268(a).

Motion by Commissioner Plummer, seconded by Commissioner Thomas to go into closed session.

Action: Carried unanimously.

The Human Resource Committee meeting went in to closed session at 5:74 p.m.

Motion by Commissioner Thomas, seconded by Commissioner Plummer that the Human Resource
Committee returned to open session.

Action: Carried unanimously

The Human Resource Committee meeting reconvened in open session at 5.'41 p.m.

Upon conclusion of the closed session, the Human Resource Committee took the following action:

Motion by Commissioner Thomas and seconded by Commissioner Plummer to reach a


contractual agreement with Mr. Perkins, the Human Resources Committee authorizes the Board
Chair to finalize details with Legal Counsel.

Action: Carried unanimously

FY 2010 Board Appointee Performance Review - Corporate Secretary


Regular Board Mtg.
July 27, 2010
Page 13 of 24

Corporate Secretary Performance Review

Corporate Secretary M. Denise Griffin requested a closed session for the purpose of receiving her
contractual year-end performance evaluation as permitted by Open Meetings Act exemption MCL
15.268(a).

Motion by Commissioner Plummer, seconded by Commissioner Thomas to go into closed session.

Action: Carried unanimously.

The Human Resource Committee meeting went in to closed session at 5.:50 p.m.

Motion by Commissioner Thomas, seconded by Commissioner Plummer that the Human Resource
Committee returned to open session.

Action: Carried unanimously

The Human Resource Committee meeting reconvened in open session at 6.25 p.m.

Upon conclusion of the closed session, the Human Resource Committee took the following action:

Motion by Commissioner Thomas and seconded by Commissioner Plummer to reach a


contractual agreement with Ms. Griffin, the Human Resources Committee authorizes the Board
Chair to finalize details with Legal Counsel.

Action: Carried unanimously

Other

On motion by Commissioner Thomas seconded by Commissioner Plummer, to excuse the


absence of Commissioner Tony DeLuca.

Action: Carried unanimously.

There being no further business, the Human Resource Committee meeting adjourned at 6:30 p.m.

Respectfully submitted,
Sandra Zerkle, Acting Chair
Human Resource Committee

NOMINATING COMMITTEE MINUTES


July 20, 2010

The Nominating Committee of the Board of Water and Light met at the Executive Offices, Lansing
beginning at 6:30 p.m. on Thursday, July 20, 2010.

Nominating Committee Chair Margaret Bossenbery called the meeting to order and asked the
Corporate Secretary to call the roll. The following committee members were present:
Commissioners Marge Bossenbery, Pete Kramer, Tracy Thomas and Marilyn Plummer.

Absent: None
Regular Board Mtg.
July 27, 2010
Page 14 of 24
Public Comment

There were no public comments.

Nominate Board Officer Candidates for FY 2009

The Nominating Committee met to review the Commissioner Survey responses for consideration of
board officer nominations for fiscal year 2010. Upon discussing and reviewing the submitted
survey forms the Nominating Committee recommended a slate of officers for fiscal year 2011.

On Motion by Commissioner Bossenbery, seconded by Commissioner by Thomas, the Nominating


Committee recommended the follow slate of officer candidates for Fiscal Year 2010-2011:

Chair: Sandra Zerkle


Vice Chair: Dennis Louney

Action: Carried unanimously

There being no further business, the meeting adjourned at 6:45 p.m.

Respectfully submitted,
Margaret Bossenbery
Nominating Committee

MANAGER'S RECOMMENDATIONS

RESOLUTION 2010-07-01

Application of Financial Accounting Standard #71 (FAS #71) to Chilled Water Relocation
Project Revenue

WHEREAS, pursuant to Resolution #2003-8-3 the Board of Commission requires management to


receive Board approval before any deferrals under FAS 71; and

WHEREAS, revenue from Christman Capital Development Company (CCDC) for the relocation of
the Chilled Water facility in excess of the loss on disposal of the Ottawa Station facility will be set
up in a regulatory asset account; and

WHEREAS, the regulatory asset account will be amortized over the projected life of the new asset
to offset depreciation expense.

RESOLVED, that the Board of Commissioners, as the regulatory body of the Board of Water and
Light, approve, pursuant to the Financial Accounting Standards (FAS) 71, the appropriate
accounting, as described above, for the revenue from the Chilled Water Relocation Project.

Motion by Commissioner DeLuca, seconded by Commissioner Kramer to approve Financial


Accounting Standards (FAS) 71.
Regular Board Mtg.
July 27, 2010
Page 15 of 24
Action: Carried Unanimously

Staff Comments.' This accounting treatment would allow the revenue that exceeded the write off of
the old Ottawa Station facility to be spread out over a number of years. This would allow Chilled
Water rates payers to receive the benefit of the contribution over the life of the new facility by
offsetting a portion of the depreciation expense.

RESOLUTION 2010 0702

PROCUREMENT POLICY

WHEREAS, Section 5-203.4 of the Lansing City Charter requires the BWL to adopt policies and
procedures to assure fairness in procuring personal property and services and disposing of
personal property; and

WHEREAS, on May 27, 2003 the Board adopted a Purchasing Policy which superseded the
previously adopted Purchasing Policy dated July 24, 1990; and

WHEREAS, it is desirable to update the Board's Procurement Policy to reflect implementation of


SAP processing requirements and aligning the policy to current accounting procedures.

RESOLVED, that the Board adopt the attached Procurement Policy dated August 1, 2010 and
made effective August 1, 2010.

RESOLVED FURTHER, that where the adopted policies do not parallel those of the City's, the
Board has determined that the City's policies are inconsistent with the best practices for the
operation of a public utility.

RESOLVED FURTHER, that the Purchasing Policy adopted May 27, 2003 is superseded as of
August 1, 2010

RESOLVED FURTHER, that Resolution 2003-05-06, which adopted the Purchasing Policy, is
rescinded as of August 1, 2010.

RESOLVED FURTHER, this Procurement Policy provides the foundation for revisions to the
Procurement Procedures.

Motion by Commissioner Thomas, seconded by Commissioner Plummer to approve the


Procurement Policy dated August 1, 2010.

Action: Carried Unanimously


...................................

Staff Comments The new Procurement Policy dated August 1, 2010 is more concise, and
readable. Further, while incorporating current procurement practices, it conforms to SAP
processing requirements and aligns with BWL accounting policy and procedures.

RESOLUTION 2010-07-03

Regular Board Mtg.


July 27, 2010
Page 16 of 24
Board of Water and Light
of the City of Lansing
RESOLUTION AUTHORIZING OFFICIALS
TO MAKE DECLARATION OF OFFICIAL INTENT TO
REIMBURSE EXPENDITURES WITH PROCEEDS OF TAX-EXEMPT DEBT
WHEREAS, from time to time the Board of Water and Light of the City of Lansing (the
"Board") determines that it is necessary for the public health, safety and welfare of the Board to
acquire or construct buildings, land, property, or equipment to be used for public purposes; and
WHEREAS, from time to time the Board determines that it is the best interest of the Board
to fund expenditures for the acquisition or construction of buildings, land, property, or equipment to
be used for public purposes on a long-term basis with proceeds of bonds or other debt obligations
issued in expectation of or in reimbursement of the expenditures; and
WHEREAS, the Internal Revenue Service has issued Treasury Regulation §1.150-2
pursuant to the Internal Revenue Code of 1986, as amended (the "Reimbursement Regulations"),
governing proceeds of debt used for reimbursement, pursuant to which the Board must declare
official intent to reimburse expenditures with proceeds of debt in order for interest on the debt to be
tax-exempt; and
WHEREAS, the Reimbursement Regulations specify conditions under which a
reimbursement allocation may be treated as an expenditure of proceeds of tax-exempt debt, and
the Board intends by this resolution to authorize certain members of the Board's Executive Team to
declare "official intent" to reimburse expenditures with proceeds of tax-exempt debt within the
meaning of the Reimbursement Regulations, so as to qualify expenditures of monies advanced by,
or on behalf of, the Board for reimbursement from the proceeds of tax-exempt debt in accordance
with the requirements of the Reimbursement Regulations.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Board hereby designates the following members of the Board's Executive Team
as officials who are authorized on behalf of the Board to declare "official intent" of the Board to
reimburse itself for expenditures from debt proceeds in accordance with the requirements of the
Reimbursement Regulations: the General Manager, the Assistant General Manager and Chief
Financial Officer, or the Manager of Finance and Planning (collectively, the "Authorized Officers").
Any one of the Authorized Officers is authorized to take any and all actions necessary to assure that
any expenditures advanced by, or on behalf of, the Board prior to issuance of debt are eligible for
reimbursement from the proceeds of debt in accordance with the requirements of the Reimbursement
Regulations.
2. This resolution does NOT bind the Board to acquire and construct any
improvements or to issue any bonds or other obligations of the Board.
3. All resolutions and parts of resolutions insofar as they conflict with the provisions of
this resolution are hereby rescinded.
I hereby certify that the foregoing is a true and complete copy of a resolution duly adopted
by the Board of Commissioners of the Board of Water and Light of the City of Lansing, State of
Michigan, at a Regular meeting held on July 27, 2010, at 5:30 p.m., prevailing Eastern Time, and
that said meeting was conducted and public notice of said meeting was given pursuant to and in
full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that
the minutes of said meeting were kept and will be or have been made available as required by said
Act 267.
Regular Board Mtg.
July 27, 2010
Page 17 of 24
I further certify that the following Members were present at said meeting: Margaret
Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney, Marilyn Plummer, Tracy
Thomas and that the following Members were absent: Sandra Zerkle.
I further certify that Member Louney moved for adoption of said resolution and that
Member DeLuca supported said motion.
I further certify that the following Members voted for adoption of said resolution: Margaret
Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney, Marilyn Plummer, Tracy
Thomas and that the following Members voted against adoption of said resolution: None
M. Denise Griffin -Corporate Secretary
Motion by Commissioner Louney and seconded by Commissioner DeLuca to approve the
resolution authorizing officials to make declaration of official intent to reimburse expenditures with
proceeds of tax-exempt debt.
Action: Carried Unanimously
Staff Comment: Staff has recently purchased land and may incur other costs for a facility which
the Board will wish to finance with proceeds of tax-exempt bonds. The Internal Revenue Code
requires a bond issuer constructing or acquiring a project to be financed by tax-exempt bonds to
state intent to reimburse expenditures from bond proceeds at the time of expending the money.
This resolution will authorize the General Manager, Assistant General Manager and Chief Financial
Officer, or the Manager of Finance and Planning to make the required declaration of intent required
by the Internal Revenue Code on behalf of the Board in a timely manner to permit expenditures on
the construction project to be financed by future tax-exempt bonds.
Adoption of this resolution and signing the Declaration of Intent will not obligate the Board to issue
bonds, but it would preserve the option of reimbursing the expenditures with tax-exempt bonds, if
bonds are ultimately issued. Expenditures made up to sixty days prior to execution of each
Declaration of Intent can be financed with tax-exempt bonds.

RESOLUTION 2010-07-04
Lansing Board of Water and Light
RESOLUTION AUTHORIZING NOTICE OF INTENT
TO ISSUE REVENUE BONDS FOR
MOORES PARK REPLACEMENT COGENERATION PLANT
AND SYSTEM IMPROVEMENTS

• Notice of Intent to Issue Revenue Bonds in an amount not-to-exceed $250,000,000


• Financing Moores Park Replacement Cogeneration Plant and System Improvements

WHEREAS, the City of Lansing (the "City") provides in its City Charter that the Lansing
Board of Water and Light (the "Board") has general management over water, heat, steam and
electric services and certain additional utility services of the City, and the Board operates the City's
Water Supply, Steam, Chilled Water and Electric Utility System (the "System"); and
WHEREAS, the Revenue Bond Act, Act 94, Public Acts of Michigan, 1933, as amended
("Act 94") permits the Board to issue revenue bonds in an amount not-to-exceed $250,000,000 to
Regular Board Mtg.
July 27, 2010
Page 18 of 24
finance the Cogeneration Plant and System Improvements (defined below), and the revenue bonds
would be payable solely from the net revenues derived from the operation of the System (the
"Revenue Bonds"); and
WHEREAS, the Board has determined that it is necessary for the public health, safety and
welfare of the City to acquire and construct a Moores Park Replacement Cogeneration Plant, a
combined cycle natural gas facility producing steam and electricity including: two combined cycle
sets, each set consisting of a combustion turbine, a heat recovery steam generator, a steam
turbine; and an auxiliary boiler to provide backup steam service, together with any appurtenances
and attachments thereto and any related site acquisition or improvements (the "Cogeneration
Plant") at a total estimated cost of Two Hundred Million Dollars ($200,000,000); and
WHEREAS, the Board has determined that it is necessary for the public health, safety and
welfare of the City to acquire and construct System Improvements including, but not limited to,
construction, improvement, and renovation of transmission and distribution lines and related utility
system facilities for the water supply, steam, and chilled water systems and electric transmission
and distribution lines and related electric utility system facilities, together with any appurtenances
and attachments thereto and any related site acquisition or improvements (the "System
Improvements") at a total estimated cost of Fifty Million Dollars ($50,000,000); and
WHEREAS, a notice of intent to issue revenue bonds must be published before the
issuance of the Revenue Bonds in order to comply with the requirements of Section 33 of Act 94.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Publication of Notice of Intent. The Corporate Secretary of the Board is hereby
directed to publish a notice of intent to issue the Revenue Bonds once as a display advertisement
at least one-quarter (1/4) page in size in substantially the following form:
NOTICE TO ELECTORS OF THE CITY OF LANSING
OF INTENT TO ISSUE REVENUE BONDS FOR
MOORES PARK REPLACEMENT COGENERATION PLANT
AND SYSTEM IMPROVEMENTS
AND RIGHT TO PETITION FOR REFERENDUM

PLEASE TAKE NOTICE that the Lansing Board of Water and Light intends to authorize
the issuance and sale of Revenue Bonds pursuant to Act 94, Public Acts of Michigan, 1933, as
amended, payable solely from revenues received by the Board from the operations of the Water
Supply, Steam, Chilled Water and Electric Utility System (the "System"). The Revenue Bonds
would be authorized in the maximum aggregate principal amount of Two Hundred Fifty Million
Dollars ($250,000,000). A portion of the proceeds in an amount currently estimated to be
$200,000,000 would be issued for the purpose of paying costs to acquire and construct a Moores
Park Replacement Cogeneration Plant, a combined cycle natural gas facility producing steam and
electricity including two combined cycle sets, each set consisting of a combustion turbine, a heat
recovery steam generator, a steam turbine and an auxiliary boiler to provide backup steam service,
together with any appurtenances and attachments thereto and any related site acquisition or
improvements. A portion of the proceeds in an amount currently estimated to be $50,000,000
would be issued for the purpose of paying costs of System Improvements including, but not limited
to, construction, improvement, and renovation of transmission and distribution lines and related
utility system facilities for the water supply, steam, and chilled water systems and electric
transmission and distribution lines and related electric utility system facilities, together with any
appurtenances and attachments thereto and any related site acquisition or improvements. Costs
Regular Board Mtg.
July 27, 2010
Page 19 of 24
financed with proceeds of the Revenue Bonds shall include funding of required bond reserve
funds, capitalized interest and costs of issuance.
SOURCE OF PAYMENT OF REVENUE BONDS

THE PRINCIPAL OF AND INTEREST ON THE REVENUE BONDS SHALL BE PAYABLE


solely from the net revenues received by the Board from the operations of the System. The
revenues will consist of rates, fees and charges billed to the users of the System, a schedule of
which is presently on file at the offices of the Lansing Board of Water and Light. The rates, fees
and charges may from time to time be revised to provide sufficient net revenues to provide for the
expenses of operating and maintaining the System, to pay the principal of and interest on the
Revenue Bonds and any other bonds of the System, and to pay other obligations of the System.
The Revenue Bonds will not pledge the full faith and credit of the City. The Revenue Bonds
will not be a general obligation of the City.
The Revenue Bonds may be issued in one or more series and may be combined with
bonds issued for other purposes, and each series will mature in not to exceed thirty (30) annual
installments with interest at such interest rate or rates to be determined at public or negotiated sale
but in no event to exceed such rates as may be permitted by law.
RIGHT OF REFERENDUM

THE REVENUE BONDS WILL BE ISSUED WITHOUT VOTE OF THE ELECTORS


UNLESS A VALID PETITION REQUESTING AN ELECTION ON THE QUESTION OF ISSUING
THE REVENUE BONDS, SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS
OF THE CITY, IS FILED WITH THE CITY CLERK OF THE CITY OF LANSING WITHIN FORTY-
FIVE (45) DAYS AFTER THE DATE OF PUBLICATION OF THIS NOTICE. If a valid petition is
filed, the Revenue Bonds cannot be issued unless approved by a majority vote of the electors of
the City voting on the question of their issuance.
THIS NOTICE is given pursuant to the requirements of Section 33 of Act 94, Public Acts of
Michigan, 1933, as amended.
ADDITIONAL INFORMATION may be obtained at the administrative offices of the Lansing
Board of Water and Light, 1232 Haco Drive, Lansing, Michigan 48901.
M. Denise Griffin, Corporate Secretary
Lansing Board of Water and Light

2. Sufficiency of Notice. The Corporate Secretary is hereby directed to publish the


notice of intent in The City Pulse, a newspaper of general circulation in the City qualified under
State law to publish legal notices, which is hereby determined to be the newspaper that will reach
the largest number of persons to whom the notice is directed. The Board hereby determines that
the notice of intent and the manner of publication directed is the method best calculated to give
notice to the electors of the City and the users of the System of the Board's intent to issue the
Revenue Bonds, the purposes of the Revenue Bonds, the source of payment of the Revenue
Bonds, and the right of referendum relating thereto.
3. Bond Counsel. The Board requests that that Miller, Canfield, Paddock and Stone,
P.L.C. ("Miller Canfield") continue to serve the Board as bond counsel with respect to the Revenue
Bonds. The Board acknowledges that Miller, Canfield represents many potential participants in the
bond financing process in matters not related to issuance and sale of the Revenue Bonds,
including municipal bond underwriters, banks, and financial institutions.

Regular Board Mtg.


July 27, 2010
Page 20 of 24
Financial Advisor. The4.Board requests that that Robert W. Baird & Co. continue to
serve the Board as Financial Advisor for the Revenue Bonds.
5. Conflicting Resolutions. All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution are hereby rescinded.
I hereby certify that the foregoing is a true and complete copy of a resolution duly adopted
by the Board of Commissioners of the Lansing Board of Water and Light, at a Regular meeting
held on July 27, 2010, at 5:30 p.m., prevailing Eastern Time, and that said meeting was conducted
and public notice of said meeting was given pursuant to and in full compliance with the Open
Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting
were kept and will be or have been made available as required by said Act 267.
I further certify that the following Members were present at said meeting: Margaret
Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney, Marilyn Plummer, Tracy
Thomas and that the following Members were absent: Sandra Zerkle
I further certify that Member Thomas moved for adoption of said resolution and that
Member Louney supported said motion
I further certify that the following Members voted for adoption of said resolution: Margaret
Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney, Marilyn Plummer, Tracy
Thomas and that the following Members voted against adoption of said resolution: None
M. Denise Griffin -Corporate Secretary
Motion by Commissioner Thomas and seconded by Commissioner Louney to approve the
resolution authorizing notice of intent to issue revenue bonds for Moores Park replacement
cogeneration plant and system improvements.

Action: Carried Unanimously

RESOLD LION 2010-07-05

Designated Representative and Alternate Designated Representatives


to Comply with Clean Air Act

RESOLVED, that the General Manager be authorized to appoint Board of Water & Light (BWL)
staff to be the BWL's designated representative and alternate designated representative, for the
purpose of reporting to the Environmental Protection Agency (EPA) under the Clean Air Act; and

RESOLVED FURTHER, that the designated representative and the alternate designated
representative are authorized to bind the BWL, by their respective actions, inactions, and
submissions with respect to the Clean Air Act.

Motion by Commissioner Kramer, seconded by Commissioner Louney to approve the resolution to


designate a representative and alternate representative to comply with the Clean Air Act.

Action: Carried Unanimously


Regular Board Mtg.
July 27, 2010
Page 21 of 24
Staff Comments The Clean Air Act requires the owners of an affected source to name a
designated representative and recommends that the owner also name an alternate designated
representative to sign and certify all submissions.

--------------------

UNFINISHED BUSINESS

There was no Unfinished Business.

NEW BUSINESS

The Nominating Committee recommended a slate of officers for the 2010-2011 Fiscal Year. The
slate of officers included Commissioner Zerkle as the Chair and Commissioner Louney as the Vice
Chair.

Vice Chairman Lain asked if there were any nominations from the floor. With no nominations from
the floor, the nominations were closed.

Moved by Commissioner Bossenbery and supported by Commissioner Kramer to approve the


slate of officers as recommended by the Nominating Committee with Commissioner Zerkle as the
Chair and Commissioner Louney as the Vice Chair.

Action: Carried unanimously.

Vice Chair Lain offered the gavel to new Vice Chair Dennis Louney. New Vice Chair Louney stated
that he appreciated Commissioner Lain and all of his work as the Vice Chair and is honored to
follow in his position and would appreciate it if Commissioner Lain would finish chairing today's
meeting.

Commissioner Lain stated that this is truly an honor and pleasure for him and with Commissioner
Louney you could not get a better Vice Chair.

RESOLUTIONS

RESOLUTION 2010-07-06

Appointment of the Charter Position of Director and General Manager

The Board's Rules of Administrative Procedures specify that the Board is to appoint a Director and
General Manager, Internal Auditor, and Corporate Secretary, respectively at its first regular
meeting following July 1st of each year or as soon thereafter as may be appropriate.

RESOLVED, That the Board of Commissioners hereby appoints the following individual to the
Charter position of Director and General Manager for fiscal year 2010-2011, or, until a successor is
appointed, whichever last occurs:

J. Peter Lark, Director and General Manager


Regular Board Mtg.
July 27, 2010
Page 22 of 24
FURTHER RESOLVED, That Mr. Lark shall be extended an employment contract which shall be
effective from July 1, 2010, and expire on June 30, 2015, or until a successor is appointed,
whichever later occurs.

Motion by Commissioner DeLuca, seconded by Commissioner Kramer to reappoint J. Peter Lark


to the Charter position of Director and General Manager for fiscal year 2010-2011.

Action: Carried Unanimously

RESOLUTION 2010=07-07

Appointment of the Charter Position of Internal Auditor

The Board's Rules of Administrative Procedures specify that the Board is to appoint a Director and
General Manager, Internal Auditor, and Corporate Secretary, respectively at its first regular
meeting following July 1st of each year or as soon thereafter as may be appropriate.

RESOLVED, That the Board of Commissioners hereby appoints the following individual to the
Charter position of Internal Auditor for fiscal year 2010-2011, or, until a successor is appointed,
whichever last occurs:

Philip Perkins, Internal Auditor

FURTHER RESOLVED, That Mr. Perkins shall be extended an employment contract which shall
be effective from July 1, 2010, and expire on June 30, 2011, or until a successor is appointed,
whichever later occurs.

Motion by Commissioner Kramer, seconded by Commissioner Thomas to reappoint Phillip Perkins


to the Charter position of Internal Auditor for fiscal year 2010-2011.

Action: Carried Unanimously

RESOLUTION 2010-07-05

Appointment of the Charter Position of Corporate Secretary

The Board's Rules of Administrative Procedures specify that the Board is to appoint a Director and
General Manager, Internal Auditor, and Corporate Secretary, respectively at its first regular
meeting following July 1st of each year or as soon thereafter as may be appropriate.

RESOLVED, That the Board of Commissioners hereby appoints the following individual to the
Charter position of Corporate Secretary for fiscal year 2010-2011, or, until a successor is
appointed, whichever last occurs:

M. Denise Griffin, Corporate Secretary


Regular Board Mtg.
July 27, 2010
Page 23 of 24
FURTHER RESOLVED, That M. Denise Griffin shall be extended an employment contract which
shall be effective from July 1, 2010, and expire on June 30, 2011, or until a successor is
appointed, whichever later occurs.

Motion by Commissioner Thomas, seconded by Commissioner Plummer to reappoint M. Denise


Griffin to the Charter position of Corporate Secretary for fiscal year 2010-2011.

Action: Carried Unanimously

MANAGER'S REMARKS

General Manager J. Peter Lark congratulated Commissioners Zerkle, Louney and Bossenbery.
He also thanked Commissioner Kramer for his work and great leadership as a Board of Water &
Light Commissioner and stated that it has been a delight to work with him.

General Manager Lark spoke about the newspaper reviews regarding the new co-generation plant.
He stated that Mark Nixon masterminded an excellent roll out and he should get some praise.
General Manager Lark stated that at the public forum there was a lot of support

General Manager J. Peter Lark congratulated Commissioners Zerkle, Louney and Bossenbery.
He also thanked Commissioner Kramer for his work and great leadership as a Board of Water &
Light Commissioner and stated that it has been a delight to work with him.

General Manager Lark spoke about the amount of positive response and reviews that has been
received regarding the new co-generation plant. He stated that Mark Nixon arranged an excellent
roll out and he should get some praise.

General Manager Lark stated that Beverly Bishop is retiring from the Board. He presented Beverly
Bishop with a tribute plaque for her years of service at the Board of Water & Light, just of 45 years.
General Manager Lark said that she is a great human and it was a real pleasure to work with her.
He said that Bev has served for than 1/3 of the life of the BWL.

Vice Chair Lain and Commissioner Kramer presented Beverly with a card and flowers on behalf of
the Board of Commissioners. Vice Chair Lain stated that Beverly is a part of Board of Water &
Light's history.

COMMISSIONERS' REMARKS

Commissioner Kramer thanked the Management team for all of the support that they have shown
him over the last 3 years. He said that he has sincerely appreciated his time here at the Board. He
said that he has enjoyed serving with such a great group of Commissioners.

Commissioner Thomas thanked Commissioner Kramer for taking him under his wing when he first
started on the Board and said that he appreciated everything that he did. He thanked
Commissioner Lain for doing a great job as the Vice Chair of the Board and welcomes the new
Vice Chair. He thanked Beverly Bishop for her years of service and all that she has done for the
Board. Commissioner Thomas congratulated Mike Flowers, BWL's Director of Personnel for all of
the good things that he has been hearing about him and for continuing to make the BWL look
good.
PUBLIC COMMENTS
Regular Board Mtg.
July 27, 2010
Page 24 of 24

There were no public comments.

EXCUSED ABSENCE

On motion by Commissioner DeLuca, seconded by Commissioner Thomas to excuse the absence


of Commissioner Zerkle from tonight's meeting.

Action: Carried unanimously.

ADJOURNMENT

On motion by Commissioner Kramer, seconded by Commissioner Plummer the meeting adjourned


at 6:10p.m.

M. Denise Griffin, Corporate Secretary


Preliminary Minutes filed with Lansing City Clerk on August 5, 2010
Final Approved Minutes filed with Lansing City Clerk on September 29, 2010

OFFICE OF THE MAYOR


9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

TO: City Council President A'Lynne Robinson and Council Members

FROM: Mayor Virg Bernero

DATE: September 30, 2010

RE: Resolution- Setting a Public Hearing - Brownfield Economic Development


Initiative Grant Application to the United States Department of Housing and Urban
Development- Knapp's Center Redevelopment Project

The attached correspondence is forwarded for your review and appropriate action.

VB/rh
Attachment

"Equal Opportunity Employer"


City of Lansing

Inter-Departmental
Memorandum

To: Virg Bernero, Mayor

From: Karl Dorshimer - LEDC Vice President - Ph: 483-4152

Subject: CITY COUNCIL AGENDA ITEM - Setting a public hearing for the application to
HUD for a Brownfield Economic Development Initiative (BEDI) grant

Date: September 29, 2010

Please forward this resolution to City Council for placement on the Agenda.

If you have any questions, or need additional information, please give me a call.

Attachments

"Equal Opportunity Employer"


BY THE COMMITTEE ON DEVELOPMENT AND PLANNING
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the City Council of the City of Lansing set a public hearing for Monday,
October 25, 2010 at 7 p.m. in City Council Chambers, Tenth Floor, Lansing City Hall,
124 West Michigan Avenue, Lansing, Michigan, for the purpose of receiving comments
on the proposed submission of a Brownfield Economic Development Initiative grant
application to the United States Department of Housing and Urban Development.

NOW, THEREFORE, BE IT RESOLVED that a Public Hearing be held on Monday,


October 25, 2010 at 7:00 p.m. in the City Council Chambers, Tenth Floor, City Hall, 124
West Michigan Avenue, Lansing, Michigan, to receive public comment on and to
consider the proposed submission of a Brownfield Economic Development Initiative
grant application to the United States Department of Housing and Urban Development.
City of Lansing
Notice of Public Hearing

The Lansing City Council will hold a public hearing on October 25, 2010 at 7:00 p.m. in
the City Council Chambers, 10th Floor, Lansing City Hall, Lansing, MI, for the purpose
stated below:

To afford an opportunity for all residents, taxpayers of the City of Lansing, other
interested persons to appear and be heard on the proposed submission of a Brownfield
Economic Development Initiative grant application to the United States Depaitnient of
Housing and Urban Development.

Further information regarding this issue may be obtained from Karl Dorshimer,
Economic Development Corporation of the City of Lansing, 401 N. Washington Square,
Suite 100, Lansing, MI 48933, (517) 483-4140.

City Clerk

OFFICE OF THE MAYOR


9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

TO: City Council President A'Lynne Robinson and Council Members

FROM: Mayor Virg Bernero

DATE: September 30, 2010

RE: Resolution- Notice of Intent -Capital Improvement Bonds for City Vehicle Garage

The attached correspondence is forwarded for your review and appropriate action.

VB/rh
Attachment

"Equal Opportunity Employer"


City of Lansing

Inter-Departmental
Memorandum

Virg Bernero, Mayor

To: Virg Bernero, Mayor

From: Jerry Ambrose

Subject: CITY COUNCIL AGENDA ITEM - Capital Improvement Bonds for City Vehicle
Garage

Date: September 30, 2010

Please forward this resolution to City Council for placement on the Agenda.

If you have any questions, or need additional information, please give me a call.

Attachments

"Equal Opportunity Employer"


OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

TO: Mayor Bernero

FROM: Jerry Ambrose, Chief of Staff/Finance Director

RE: NOTICE OF INTENT RESOLUTION for CAPITAL IMPROVEMENT BONDS to Construct


a Consolidated CITY GARAGE

The attached resolution will begin the process of issuing up to $3.2 million in bonds to construct a
consolidated garage for servicing city vehicles. Planning for the consolidation of the two city
garages has been underway for several years, and approval of the project was incorporated into the
FY11 budget.

We are anticipating using bonding authority available under the federal stimulus program, which
should provide us with very attractive interest rates. However, that program is currently scheduled
to expire on December 31, 2010, and there is a 45 day referendum period. Therefore, timely action
by Council is needed to benefit from the stimulus program.

I am recommending that the resolution be submitted to City Council for approval.

"Equal Opportunity Employer"


BY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
City of Lansing
Counties of Ingham and Eaton, State of Michigan
NOTICE OF INTENT RESOLUTION
CAPITAL IMPROVEMENT BONDS
FOR CITY VEHICLE GARAGE

A RESOLUTION TO PROVIDE FOR:


• Publishing a Notice of Intent to Issue Bonds and Right of Referendum for
up to $3,200,000 of Bonds for a City vehicle garage.
® When the Notice is published in City Pulse, voters will have a
45-day referendum period during which they could petition for referendum.
® Statement of Intent to reimburse expenditures from bond proceeds
required by Internal Revenue Code.

PREAMBLE
WHEREAS, the City of Lansing, Counties of Ingham and Eaton, State of
Michigan (the "City") determines it to be necessary for the public health, safety and
welfare of the City and its residents to acquire, construct, furnish and equip a
consolidated garage and storage building(s) for City vehicles including site preparation
and improvement (collectively, the "Capital Improvements"); and
WHEREAS, under the provisions of Section 517 of Act 34, Public Acts of
Michigan, 2001, as amended ("Act 34") a city may issue municipal securities to pay the
cost of any capital improvement items within the limitations provided by law; and
WHEREAS, the issuance by the City of bonds under Section 517 of Act 34 in an
amount not to exceed Three Million Two Hundred Thousand Dollars ($3,200,000) (the
"Bonds") for the purposes of financing costs of acquisition and construction of the
Capital Improvements appears to be the most practical means to that end; and
WHEREAS, Act 34 requires that the aggregate outstanding balance of municipal
securities issued under Section 517 of Act 34 by a city shall not exceed 5% of the state
equalized valuation of the property assessed in that city, and after the issuance of the
Bonds the outstanding balance of all municipal securities issued under Section 517 of Act
34 by the City will not exceed this limit; and
WHEREAS, a notice of intent to issue bonds must be published in order to
comply with the requirements of Section 517 of Act 34 and Section 5(g) of the Home
Rule Cities Act, Act 279, Public Acts of Michigan, 1909, as amended; and
WHEREAS, the Internal Revenue Service has issued Treasury Regulation §
1.150-2 pursuant to the Internal Revenue Code of 1986, as amended, governing proceeds
of debt used for reimbursement, pursuant to which the City must declare official intent to
reimburse expenditures with proceeds of such debt before making the expenditures.
NOW, THEREFORE, BE IT RESOLVED THAT:
The City Clerk is directed
1. to publish a notice of intent to issue the Bonds
in City Pulse, a newspaper of general circulation in the City.
2. The notice of intent shall be published as a one-quarter (1/4) page display
advertisement as required by Section 517 of Act 34, and shall be in substantially the
following form:
NOTICE TO ELECTORS AND TAXPAYERS
OF THE CITY OF LANSING
OF INTENT TO ISSUE BONDS SECURED BY THE
TAXING POWER OF THE CITY AND RIGHT OF REFERENDUM THEREON
PLEASE TAKE NOTICE that the City Council of the City of Lansing, Michigan,
intends to issue and sell general obligation capital improvement bonds, pursuant to Act
34, Public Acts of Michigan, 2001, as amended, in the maximum aggregate principal
amount not to exceed Three Million Two Hundred Thousand Dollars ($3,200,000) for the
purpose of paying costs to acquire, construct, furnish and equip a consolidated garage and
storage building(s) for City vehicles including site preparation and improvement.
The bonds may be issued in one or more series and may be combined with bonds
issued for other purposes as shall be determined by the City Council. Each series of the
bonds will mature in annual installments not to exceed the maximum permitted by law,
with interest on the unpaid balance from time to time remaining outstanding on said
bonds to be payable at rates to be determined at sale of the bonds but in no event to
exceed such rates as may be permitted by law. Bond proceeds may be used for
capitalized interest to the extent permitted by law.

SOURCE OF PAYMENT OF BONDS


The principal of and interest on the bonds shall be payable from the general funds
of the City lawfully available for such purposes including property taxes levied within
existing charter, statutory and constitutional limitations.

RIGHT OF REFERENDUM
THE BONDS WILL BE ISSUED WITHOUT A VOTE OF THE ELECTORS
UNLESS A VALID PETITION REQUESTING SUCH A VOTE SIGNED BY NOT
LESS THAN 10% OF THE REGISTERED ELECTORS RESIDING WITHIN THE
CITY IS FILED WITH THE CITY CLERK WITHIN FORTY-FIVE (45) DAYS
AFTER PUBLICATION OF THIS NOTICE. If such petition is filed, the bonds may not
be issued without an approving vote of a majority of the qualified electors of the City
voting thereon.
THIS NOTICE is given pursuant to the requirements of Section 517 of Act 34,
Public Acts of Michigan, 2001, as amended, and Section 5(g), Act 279, Public Acts of
Michigan, 1909, as amended. Further information concerning the matters set out in this
notice may be secured from the City Clerk's office.
Chris Swope, City Clerk
City of Lansing
3. The City Council does hereby determine that the foregoing form of notice
of intent to issue the Bonds, and the manner of publication directed, is adequate notice to
the electors of the City and is the method best calculated to give them notice of the City's
intent to issue the Bonds, the purpose of the Bonds, the source of payment of the Bonds,
the security for the Bonds, and the right of referendum of the electors with respect
thereto. The City Council hereby determines that the newspaper named for publication
will reach the largest number of persons to whom the notice is directed.
4. The City may incur expenditures for the Capital Improvements prior to
receipt of proceeds of the Bonds, and may advance moneys for that purpose from the
general funds or capital fund of the City, to be reimbursed from proceeds of the Bonds
when available. The City shall keep a specific record of all such expenditures.
5. The City Council hereby finds that the Capital Improvements are within a
Recovery Zone within the meaning of 1400U-1(b) of the Internal Revenue Code. The
City Council hereby finds that the Capital Improvements and the Bonds will qualify for
Recovery Zone Bond treatment under the American Recovery and Reinvestment Act of
2009. The City Council hereby designates the Bonds as Recovery Zone Economic
Development Bonds.
6. The City hereby makes the following declaration of intent for the purpose
of complying with the reimbursement rules of Treas. Reg. § 1.150-2 pursuant to the
Internal Revenue Code of 1986, as amended:
(1) The City reasonably expects to reimburse itself for the
expenditures described in (2) below with proceeds of debt to be incurred by the
City.
(2) The expenditures described in this paragraph (2) are to pay certain
costs associated with the Capital Improvements which were or will be paid
subsequent to sixty (60) days prior to the date hereof or which will be paid prior
to the issuance of the debt from the general funds or capital fund of the City.
(3) As of the date hereof, the maximum principal amount of debt
expected to be issued for reimbursement purposes, including reimbursement of
debt issuance costs, is $3,200,000 which debt may be issued in one or more series
and/or together with debt for other purposes.
(4) A reimbursement allocation of the expenditures described in
paragraph (2) above with the proceeds of the borrowing described herein will
occur not later than 18 months after the later of (i) the date on which the
expenditure is paid, or (ii) the date the Capital Improvements are placed in service
or abandoned, but in no event more than three (3) years after the original
expenditure is paid. A reimbursement allocation is an allocation in writing that
evidences the City's use of the proceeds of the debt to be issued for the Capital
Improvements to reimburse the City for a capital expenditure made pursuant to
this Resolution.
(5) The expenditures for the Capital Improvements are "capital
expenditures" as defined in Treas. Reg. § 1.150-1(b), which are any costs of a
type which are properly chargeable to a capital account (or would be so

chargeable with a proper election or with the application of the definition of


"placed in service" under Treas. Reg. § 1.150-2(c)) under general Federal income
tax principles (as determined at the time the expenditure is paid).
(6) No proceeds of the borrowing paid to the City in reimbursement
pursuant to this Resolution will be used in a manner described in Treas. Reg. §
1.150-2(h) with respect to abusive uses of such proceeds, including, but not
limited to, using funds corresponding to the proceeds of the borrowing in a
manner that results in the creation of replacement proceeds (within Treas. Reg. §
1.148-1) within one year of the reimbursement allocation described in paragraph
(4) above.
7. The City requests Stauder, Barch and Associates to continue as Financial
Consultant to the City to assist in preparation and planning for the sale of the Bonds.
8. The City recognizes that Miller, Canfield, Paddock and Stone, P.L.C., has
represented from time to time, and currently represents, various underwriters, financial
institutions, and other potential participants in the bond financing process for unrelated
projects, any of which might offer to purchase the City's Bonds or to act as Transfer
Agent for the Bonds. The City requests Miller, Canfield, Paddock and Stone, P.L.C. to
continue as bond counsel to the City for the Bonds, notwithstanding the potential
concurrent representation of any such potential participant regarding any unrelated
matter.
9. The officers, administrators, agents and attorneys of the City are
authorized and directed to take all other actions necessary and convenient to facilitate
preparation of the Bonds for sale.
10. All resolutions and parts of resolutions insofar as they conflict with the
provisions of this resolution are rescinded.
I hereby certify that the foregoing is a true and complete copy of a resolution duly
adopted by the City Council of the City of Lansing, Counties of Ingham and Eaton, State
of Michigan, at a Regular meeting held on , 2010 at _• o'clock
p.m., prevailing Eastern Time, and that said meeting was conducted and public notice of
said meeting was given pursuant to and in full compliance with the Open Meetings Act,
being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were
kept and will be or have been made available as required by said Act 267.
I further certify that the following Members were present at said meeting:

and that the following Members


were absent:
I further certify that Member moved for adoption
of said resolution and that Member supported said
motion.
I further certify that the following Members voted for adoption of said resolution:

and that the following Members


voted against adoption of said resolution:

City Clerk

18,413,712.1\050796-00054

ORIGINAL TO: County Clerk(s)


Michigan Department of Treasury COPY TO: Equalization Department(s) L-4029
614 (Rev. 6-10)
COPY TO: Each township or city clerk
2010 Tax Rate Request (This form must be completed and submitted on or before September 30, 2010)
Carefully read the instructions on page 2.
MILLAGE REQUEST REPORT TO COUNTY BOARD OF COMMISSIONERS
This form is issued under authority of MCL Sections 211.24e, 211.34 and 211.34d. Filing is mandatory; Penalty applies.
County(ies) Where the Local Government Unit Levies Taxes 2010 Taxable Value of ALL Properties in the Unit as of 5-24-10
Ingham County-City of Lansing $646,691
Local Government Unit Requesting Millage Levy For LOCAL School Districts: 2010 Taxable Value excluding Principal Residence, Qualified Agricutlural, Qualified Forest, Industrial
Personal and Commercial Personal Properties.
Mason Public Schools $0
This form must be completed for each unit of government for which a property tax is levied. Penalty for non-filing is provided under MCL Sec 211.119. The following tax rates have been
authorized for levy on the 2010 tax roll.
(4) (5) (7) (8)
Original 2009 Millage (6) 2010 Millage Sec. 211.34 Truth (12)
Millage Rate Permanently 2010 Current Rate Permanently in Assessing or (9) (10) (11) Expiration
(2) (3) Authorized by Reduced by MCL Year "Headlee" Reduced by MCL Equalization Maximum Millage Millage Date of
(1) Purpose of Date of Election 211.34d Millage Reduction 211.34d Millage Rollback Allowable Requested to Requested to be Millage
Source Millage Election Charter, etc. "Headlee" Fraction "Headlee" Fraction Millage Levy * be Levied July 1 Levied Dec. 1 Authorized

Voted Op.-NH 0212010 18.0000 18.0000 1.0000 18.0000 1.0000 18.0000 18.0000 6/30/20

Voted Debt 06/2004 4.7000 n/a n/a n/a 4.7000 3.8000 06/2024

Voted Sinking 05/2007 1.0000 n/a n/a n/a 1.0000 1.0000 12/2016

Title of Preparer
Exec. Dir. of Business & Finance
CERTIFICATION: As the representatives for the local government unit named above, we certify that these requested tax levy rates have been Loca
reduced, if necessary to comply with thestate constitution (Article 9, Section 31), and that the requested levy rates have also been reduced, if instructions on completmgFths section.
necessary, to comply with MCL Sections 211.24e, 211.34 and, for LOCAL school districts which levy a Supplemental (Hold Harmless) Millage,
380.1211(3). Total School District Operatiig
Rates to be Levied (I-hH%Supp-
Date Rate
and NH Oper ONLY),,°:
9/14/2010 For Principal Residence, Qualified
Ag, Qualified Forest and Industrial
n Chairperson Date Personal 0.0000
President c, ^Barbara Hensinger 9/14/2010
IX For Commercial Personal
" Under Truth in Taxation, MCL Section 211.24e, the governing to. may decide to levy a rate which will not exceed the maximum authorized 6.0000
rate allowed in column 9. The requirements of MCL 211.24e m .t ^ e met prior to levying an operating levy which is larger than the base tax rate
but not larger than the rate in column 9.
For all Other 18.0000

IMPORTANT: See instructions on page 2 regarding where to find the millage rate used in column (5).

CITY OF LANSING
AFFIDAVIT OF DISCLOSURE

TO; CITY CLERK,


CITY ATTORNEY, or
BOARD OF ETHICS
-i S°

make the following disclosure under oath: f

(Name)

PLEASE CHECK THE APPROPRIATE BOX OR FILL IN THE BLANKS FOR EACH OF THE
FOLLOWING ITEMS
Yes No
1. - ❑ I am an ❑ elected or ❑ appointed aef officer or 0 employee of the City of
Lansing holding the position of 7 / C6'- 7 p '(o 2 in the
d/V.^ r etie; rat 1467-
. i department

❑ l I am an immediate family member related to an elected or appointed


officer or employee of the City of Lansing named
holding the position of in the
department.

❑ , I am a Business Associate of an elected or appointed officer or employee


of the City of Lansing named
Holding the position of in the
Department.

2. ❑ ite I may derive income or benefit directly from a contract with the City or from
any City action detailed below. (Charter 5-505.1)

I may have a conflict between a personal interest and the public interest,
the nature of which is disclosed below (Charter 5-505.2) [Chapter
#290.04(1) of the Code of Ordinances)

I may have a financial interest in a matter proposed to be acted upon by


the City of Lansing as described below [Chapter 290.04(I) of the Code of
Ordinances]

❑ I make this disclosure because of a possible appearance that I may be in


violation of or in conflict with the City of Lansing Ethics Ordinance as
provided for in the Code or Ordinances and in the City Charter

3. This position is: Pi ill time >4 Part time (less than 25 hours/wk) ❑ Unpaid

4. My Address is:

5. My Business (daytime) Phone # is:

CONTINUED ON PAGE 2

AFFIDAVIT OF DISCLOSURE - PAGE 2

PLEASE DESCRIBE IN DETAIL YOUR REASON(S) FOR SUBMITTING THIS


6.
DISCLOSURE AND EXPLAIN WHY YOU THINK A CONFLICT MAY/MAY NOT EXIST.

0814 ( 4 /24 q- '?7 gtT5-7' I f) /


)(;g

r LF'" J /'^' 4 L' P2-.0 y i -


r)''-u'^ -

J
. V J- . 7 bl' [.. Arts' c >✓ Lam '` CJ4}^ .

.5 .e'F.CIJ/6)7e er':-5 , 1,/e u'- c3 ^4rrv f /e,o •

I hereby certify that this disclosure is complete and accurate to the best of my knowledge,
information and belief.

The. foregoing Affidavit of Disclosure was executed on this 00' day of


.A JU );, 20 /a .-

State of Michigan, County of


Subscribed and sworn to before me this 2. S day of e-e P PAZE R.- 20 t a

RANDALL DAVIS Notary Public/or Deputy Clerk


E
NOTARY PUBLIC,STATEOF I G bk-PrvvN, County, Michigan
COUNTY CLINTON
MY COMMISSION EXPIRESA{x18,2012 1l
ACTING IN COUNTY OF INGNAM My Commission Expires: `- `o " 2.

PLEASE INCLUDE AND SUBMIT A COPY OF YOUR CURRENT JOB DESCRIPTION

DRAFT 5A;. REVISED 11.05-04


ATTACHMENT A

Please provide additional information about your outside business or


employment. Of special interest to the Board is how the activities of the business
or employment may directly or indirectly affect the City. This disclosure is about
information and is not an indication of any anticipated conflict of interest or
suspected wrongdoing. Therefore, please describe for the Board what it is you
actually do and be detailed and specific. You are not required to limit your
disclosure only to the following questions. For each business, include in your
answer such things as:

What is the form of your business entity and what percentage do you

-gi own? .&zr'4 / c il.-z- v12d.,L) ) 62_4 / e9i

Are you self-employed? .'O

Who is your employer, if applicable? 9 5^w {

What are the things you actually do in the business?

5 t/ f/d/?7 - e-Oure/nev''c

® Who are your clients and who receives your goods or services?
so'.^ar-7z.4 . ,Du c31 / c

How and where are your services performed?

I .^11i,: S.6s.1_ 7

Page 1 of 3
n
How often do you do outside work?
_3
Z 0A-13 Pts-72 G,' s iC

Does your business or employer contract with the City?

® In performing your business or outside employment, do you use any City

facilities or equipment? /11c' If so, describe:

Is any of your business or employment conducted in the City? N If so,

describe:

Does your business advertisement or circulars, if any, contain any

reference to the City or your City employment? . 4)1

If your business uses advertisements, circulars, applications, or order

forms that you have designed or have had designed for you, please attach

a copy of the applicable form (s).

Page 2of3
If you provide training or' education as part of your business:

Do you identify yourself to your clients or students as being employed by

the City of Lansing? 4.10

Do you include in any of the written. materials or aids or reference in any

way in your presentations reference to policies, procedures, methods or

materials as being those also used by the City of Lansing? AJa If so,

attach a copy of the material or aid and explain the reference in your

presentation.

Is there any additional information that you believe would assist the Ethics

Board in its review of your business or personal activities for potential

conflicts of interest? A10 If so, please describe:

In providing this additional information, the Board of Ethics asks that you give
special-attention to-the-Conflicts-ofinterest-section-of-the-Charter-found-at 5-
505.1- 5-505.3. A copy is enclosed for your convenience.

Page 3 of 3

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