HomeMy WebLinkAboutFirst Amendment to Delta 425 - Stir Lansing LLC, Draft w Exhibit A 051820 Draft
May 18, 2020
FIRST AMENDMENT TO THE AGREEMENT FOR CONDITIONAL TRANSFER
OF PROPERTY PURSUANT TO 1984 P.A. 425 EXECUTED ON THE 28th DAY OF
NOVEMBER,2005'
This First Amendment To The Agreement For Conditional Transfer Of Property Pursuant
To 1984 P.A. 425 Executed On The Day of ("Agreement") is made this
day of , 2020 ("First Amendment"), between the CHARTER TOWNSHIP
OF DELTA ("Delta"), a Michigan municipal corporation, and the CITY OF LANSING
("Lansing") a Michigan municipal corporation for the Transferred Area, legally described in the
attached Exhibit A.
Delta and Lansing hereby agree that the Agreement shall be amended as follows:
1. Subsection 2.7 B of the Agreement is amended as follows:
Section 2.7
B. Commencing with the first tax year following the effective
date of this Agreement, and running through the 12-year period for
which the industrial facilities tax under the IFEC is the effect or
through the tax year ending December 31, 2017, whichever is later,
all real and personal property shall be subject to and assessed at the
tax rates levied by Lansing for the ad valorem real and personal
property within the Transferred Area shall be assessed and taxed
by Lansing at the tax rate levied by Lansing for real and personal
property taxes and for calculating any additional industrial
facilities tax levied pursuant to 1974 PA 198.
2. Section 4.1 of the Agreement is amended in its entirety as follows:
Section 4.1 Revenue Sharing and Taxing Collection.
During each year commencing with the year following the year in
which this Agreement is adopted, and each year thereafter for the
remainder of the term of this Agreement, Lansing shall, after first
withholding and paying or reimbursing Delta the costs of road
improvements required to be paid by Lansing pursuant to Section 3.3 of
this Agreement, annually remit:
A. To Delta sixty percent(60%) of ad valorem property tax
revenue collected on the taxable value of all real and taxable personal
Currently occupied by Stir Lansing LLC
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property within the Transferred Area, including all interest, penalties, late
fees, and collection fees received.
B. To Delta, sixty percent(60%) of industrial facilities tax
revenue collected on all property within the Transferred Area for which an
industrial facilities exemption certificate ("IFEC") issued pursuant to
subsection 2.7C is in effect.
C. To Delta, fifty percent(50%) of the city income tax
collected from residents, employers, employees, and other taxable entities
within the Transferred Area.
D. The one percent(1%)property administration fee collected
by Lansing pursuant to MCL 211.44(3) shall be retained by Lansing.
E. To Delta, all special assessments levied by Delta on all
property and collected by Delta or Lansing within the Transferred Area,
including, but not limited to, any township wide assessment or millage
levied for public safety, police or fire purposes.
F. Should any real or personal property tax be reduced,
limited, or eliminated by the Michigan legislature with respect to any real
or personal property or class of property subject to the tax sharing formula
provided at subparagraphs (A), (B), (C) and (D) of this section or should
the city income tax be reduced, limited or eliminated, then any substitute
tax or source of revenue which the Michigan legislature may provide or
authorize Lansing to collect in lieu of said taxes shall likewise be allocated
and remitted to Delta in an amount reasonably equivalent to that remitted
to Delta as provided in subparagraphs (A), (B), (C) and (D) above for the
prior year.
3. Section 5.1 of the Agreement is amended in its entirety as follows:
Section 5.1 Term.
The term of this Agreement shall commence on filing and shall
terminate on December 31, 2035. Delta and Lansing may renew this
Agreement for an additional term for such period as permitted by law by
an affirmative vote of the legislative body of each party to this Agreement.
The additional term shall be on the same terms and conditions as stated in
this Agreement, as amended, unless the parties shall agree otherwise in
writing.
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Draft
May 18, 2020
4. Section 5.2 of the Agreement is amended in its entirety as follows:
Section 5.2 Termination - Recession.
This Agreement may be terminated:
A. By the expiration of the term of this Agreement.
B. By mutual written agreement of the parties.
C. By a referendum of the residents of Delta or Lansing
initiated and held as provided in Section 5 of 1984 PA 425, as amended,
being MCL 124.25 not more than 45 days after the approval of the
Agreement by the governing body of the respective local governmental
unit.
D. By operation of law should a court of competent
jurisdiction order the termination of this Agreement.
5. The remaining provisions of the Agreement, including all Exhibits, not amended
by this First Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first written above by authority of the respective City Council and Township Board.
DELTA TOWNSHIP CITY OF LANSING
Kenneth R. Fletcher, Supervisor Andy Schor, Mayor
Mary R. Clark, Clerk Chris Swope, Clerk
Approved as to Form:
Lansing City Attorney
I hereby certify that funds are available in
Account no.:
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City Controller
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EXHIBIT A
LEGAL DESCRIPTION OF TRANSFERRED AREA
Part of the Northwest 1/4 of Section 27, T4N, R3W, Delta Township, Eaton
County, Michigan, described as: Commencing at the Northwest corner of
said Section 27; thence S89°52'09"E 1400.00 feet along the North line of
said Section 27 to the point of beginning of this description; thence
continuing S89°52'09"E 1240.69 feet to the North 1/4 corner of said Section
27; thence S00°14'00"W 1602.30 feet along the North-South 1/4 line of said
Section 27; thence N89°5442"W 270.00 feet; thence N00°14'00"E 773.30
feet; thence N89°52'09"W 972.09 feet parallel with said North line; thence
N00°19'48"E 829.21 feet parallel with the West line of said Section 27 to the
point of beginning. Contains 28.42 acres.
93 Amended Agreemem-PWstech 9.19
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