Downtown Development Authority

DDA Board of Directors Monday, April 22, 2019 at 3:30 p.m. LOCATION City Hall Conference Room 3rd Floor Room 302A Regularly Scheduled Meeting AGENDA 1. Call to order Robert Sharkey 2. Approval of minutes from February 14, 2019 (action required) Robert Sharkey 3. Budget Amendment FY 2019 (action required) Finance Director 4. Budget Approval FY 2020 (action required) Finance Director 5. Financials (action required) Finance Director a. Interim financial statements 6. Lease Renewal(s) Staff a. Voces (action required) b. Pastrami Joes 7. Project Update Staff a. BC Cargo/Pop Up Shops initiative b. McCamly Plaza c. Jackson Street d. Other 8. Member/Citizen comment 9. Adjourn Attachments - Agenda - Minutes from February 14, 2019 - Budget amendment for FY 2019 - Budget proposal for FY 2020 - Interim financials through March, 2019 - Voces Lease - BC Cargo marketing flyer - Jackson Street closure flyer  BATTLE CREEK DOWNTOWN DEVELOPMENT AUTHORITY BOARD OF DIRECTORS Thursday February 14, 2019 MEMBERS PRESENT: Robert Sharkey, Commissioner Susan Baldwin, Paul Conkey, Rebecca Fleury, Ross Simpson, Kim Carter, Tom Harris ABSENT: Rebecca Fleury, Commissioner Kate Flores, Edward Guzzo, OTHERS PRESENT: Linda Morrison, Ted Dearing and Sarah McGinnis Call to order: Mr. Sharkey called the meeting to order at 1:35pm. Approval of Minutes: MOTION: Ms. Baldwin moved that the Battle Creek Downtown Development Authority Board of Directors approve the meeting minutes from October 22, 2018 as presented. Mr. Simpson supported the motion. Unanimously approved. Audited Financial Statements FY 2018: Ms. Morrison stated the year ended June 30, 2018 audited financial statement received an unmodified opinion. The auditors had no suggested changes or recommendations. DDA statements are included in the CAFR and the separately issued financial statements for the DDA are available on the City’s website. MOTION: Ms. Baldwin moved that the Battle Creek Downtown Development Authority Board of Directors approve the audited financial statements as presented. Mr. Harris supported the motion. Unanimously approved. Review the 6/30/18 Annual Report: Ms. Morrison reviewed the audited annual report. This report will be published once approved by this body and the City Commission. MOTION: Mr. Harris moved that the Battle Creek Downtown Development Authority Board of Directors approve/adopt and publish the annual report as presented. Ms. Baldwin supported the motion. Unanimously approved. Review Interim Financial statements: Ms. Morrison reviewed the interim financial report for the six months ended December 31, 2018. There will be a budget adjustment coming. The State aid revenue for the year has been received and is short of the budget. The legislative changes to personal property tax elimination that affect this line item will not go into effect until next fiscal year. We may be able to move some expenditures to Economic Development or to the General Fund, and those changes will be represented in a budget amendment to be presented in April. MOTION: Mr. Simpson moved that the Battle Creek Downtown Development Authority Board of Directors approve the interim financial statements as presented. Ms. Baldwin supported the motion. Unanimously approved. Incremental Pass through Agreement: Mr. Dearing explained the details of the agreement. This agreement is for the Battle Rock Project which proposes the capture of future incremental tax increases within a portion of the DDA district. This agreement does not add financial risk for the DDA or the City. MOTION: Mr. Simpson moved to approve and authorize the board chair to execute the Battle Creek Brownfield Redevelopment Authority Tax Increment Pass through Agreement in a form substantially similar to the form presented as approved by legal counsel for the Downtown Development Authority. Ms. Baldwin supported the motion. Unanimously approved. 1 Battle Rock Development Agreement: Mr. Dearing explained the development agreement that defines the requirements to access the funds. A minimum of $2.5 million would be invested in the physical property. If Battle Rock falls through the building has still benefitted from the upgrades. MOTION: Mr. Harris moved to approve and authorize the board chair to execute the Development Agreement between the Battle Creek Downtown Development Authority and 50 West Michigan Ave, LLC, in a form substantially similar to the form presented as approved by legal counsel for the Downtown Development Authority. Ms. Baldwin supported the motion. Unanimously approved. TIF District Reporting Requirements – Staff: Mr. Dearing explained that the reporting requirements have changed effective January 1, 2019. The State legislation has passed The Tax Increment Finance Act, 2018 PA 57. We are required to hold two informational meetings per year with at least 14 days’ notice. Project Report – Ted Dearing: Mr. Dearing stated the construction is ongoing at Heritage Tower. The New Holland project has a very aggressive construction schedule. It will require that we close the sidewalk for a short time. Record Box is requesting tax credits. The government shut down affected them. Consumers Power has requested Jackson St be closed for possibly two months. They need to tear up the street to complete some repairs. We are hoping that Michigan Ave will be open before Jackson St is closed. Member/Citizen Comments: Mr. Simpson stated there are sign issues downtown. The sign requirements are very restricted. Mr. Sharkey suggested speaking with John Hart and/or the Historic District for assistance. Adjourn: 2:35pm 2 BATTLE CREEK DOWNTOWN DEVELOPMENT AUTHORITY Fiscal Year 2018-2019 Proposed Budget Amendment FY 18-19 FY 18-19 Proposed Adopted Budget Amended Budget Change GENERAL FUND GENERAL REVENUES: Tax Increment Revenue $ 1,623,155 $ 1,344,494 -278,661 State Aid Revenue (Personal Property Tax Replacement) 1,817,933 1,449,833 -368,100 Prior Year Revenue 0 0 0 Rents 23,700 23,700 0 Interest earnings 0 0 0 Miscellaneous 0 0 0 Total General Revenues 3,464,788 2,818,027 EXPENDITURES: Debt Service - Term 2008/2013 Bonds - Pipeline Refunding 2025/2034 2,543,797 2,543,797 0 2013 Capital Improvement Bonds 2033 180,000 - -180,000 Total Debt Service 2,723,797 2,543,797 General Operating Expenditures: Administration 8,200 21,440 13,240 CBD maintenance 100,000 - -100,000 Kellogg Arena support 370,000 370,000 0 Economic Development Fund support 120,000 - -120,000 Downtown Special Project 40,000 - -40,000 Total General Operating Expenditures 638,200 391,440 TOTAL GENERAL FUND REVENUES 3,464,788 2,818,027 -646,761 TOTAL GENERAL FUND EXPENDITURES 3,361,997 2,935,237 -426,760 EXCESS REVENUES OVER (UNDER) OPER. EXPENDITURES $ 102,791 $ (117,210) -220,001 Fund Balance, beginning of year 155,539 155,539 Fund Balance, end of year (GENERAL FUND) $ 258,330 $ 38,329 BATTLE CREEK DOWNTOWN DEVELOPMENT AUTHORITY Fiscal Year 2019-2020 Proposed Budget FY 19-20 FY 18-19 FY 18-19 Proposed Adopted Budget Estimated Budget GENERAL FUND GENERAL REVENUES: Tax Increment Revenue $ 1,623,155 $ 1,344,494 $ 2,986,727 State Aid Revenue (Personal Property Tax Replacement) 1,817,933 1,449,833 1,462,663 Prior Year Revenue - - - Rents 23,700 23,700 32,326 Interest earnings - - Miscellaneous - - - Total General Revenues 3,464,788 2,818,027 4,481,716 EXPENDITURES: Debt Service - Term 2008/2013 Bonds - Pipeline Refunding 2025/2034 2,543,797 2,543,797 2,644,797 2013 Capital Improvement Bonds 2033 180,000 - 180,000 Total Debt Service 2,723,797 2,543,797 2,824,797 General Operating Expenditures: Administration 8,200 21,440 16,200 CBD maintenance 100,000 - 456,551 CBD downtown plantings - - 50,000 Downtown Policing - - 109,342 Kellogg Arena support 370,000 370,000 370,000 Economic Development Fund support 120,000 - 120,000 Downtown Special Project 40,000 - - Total General Operating Expenditures 638,200 391,440 1,122,093 TOTAL GENERAL FUND REVENUES 3,464,788 2,818,027 4,481,716 TOTAL GENERAL FUND EXPENDITURES 3,361,997 2,935,237 3,946,890 EXCESS REVENUES OVER (UNDER) OPER. EXPENDITURES $ 102,791 $ (117,210) $ 534,826 Fund Balance, beginning of year 155,539 155,539 38,329 Fund Balance, end of year (GENERAL FUND) $ 258,330 $ 38,329 $ 573,155  City of Battle Creek Downtown Development Authority Interim Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual Fiscal Year To Date: 3/31/19 7/1/18-3/31/19 Budget Variance Adopted Budget Transactions Positive/(Negative) GENERAL FUND GENERAL REVENUES: Tax Increment Revenue $ 1,623,155 $ 1,344,494 -278,661 State Aid Revenue (Personal Property Tax Replacement) 1,817,933 1,449,833 -368,100 Prior Year Revenue 0 0 0 Rents 23,700 22,913 -787 Interest earnings 0 18,336 18,336 Miscellaneous 0 0 0 Total General Revenues 3,464,788 2,835,576 EXPENDITURES: Debt Service - Term 2008/2013 Bonds - Pipeline Refunding 2025/2034 2,543,797 636,648 1,907,149 2013 Capital Improvement Bonds 2033 180,000 38,554 141,446 Total Debt Service 2,723,797 675,203 General Operating Expenditures: Administration 8,200 19,478 -11,278 CBD maintenance 100,000 - 100,000 Kellogg Arena support 370,000 277,500 92,500 Economic Development Fund support 120,000 90,000 30,000 Downtown Special Project 40,000 - 40,000 Total General Operating Expenditures 638,200 386,978 TOTAL GENERAL FUND REVENUES 3,464,788 2,835,576 -629,212 TOTAL GENERAL FUND EXPENDITURES 3,361,997 1,062,181 2,299,816 EXCESS REVENUES OVER (UNDER) OPER. EXPENDITURES $ 102,791 $ 1,773,395 1,670,604 Fund Balance, beginning of year 155,540 155,540 Fund Balance, end of year (GENERAL FUND) $ 258,331 $ 1,928,935  OFFICE LEASE (Regarding 520 West Michigan Ave.) DATED: May 1, 2019 PARTIES: Battle Creek Downtown Development Authority, a Michigan statutory downtown development authority created and operating pursuant to PA 197 of 1975, whose address is c/o City of Battle Creek, 10 N. Division Street, Battle Creek, MI 49015 (Landlord) and VOCES, a Michigan non-profit corporation, of 520 West Michigan, Battle Creek, MI 49017 (Tenant). PREMISES LEASED: The building and improvements at 520 West Michigan Ave., Battle Creek, Calhoun County, Michigan (the Property). ORIGINAL TERM: The original term of this Lease is three (3) years, beginning on May 1, 2019, and ending at midnight on April 30, 2022 and renewable and subject to early termination as provided for in paragraph 13. BASIC RENT: The basic rent for the original term of this Lease is $3,600 per year payable in monthly installments of $300.00, payable in advance on the 1st day of each month, beginning on May 1, 2019. The rent represents an 80% discount in the market rate for the Leased Premises. ALL SUMS PAID OR REQUIRED TO BE PAID UNDER THIS LEASE ARE DEEMED TO BE RENT. IN CONSIDERATION of the rents, covenants, and conditions of this Lease, Landlord hereby leases to Tenant the above-described Property for the basic term, at the basic rent, and upon the following terms and conditions: 1. CONDITION AND MAINTENANCE OF PROPERTY: Tenant acknowledges Tenant has inspected the Property and Tenant's Premises and accepts them as is and with all faults. During the term of this Lease and any renewals, Tenant will maintain, at Tenant's sole expense, Tenant's Premises in good condition and repair. Tenant's maintenance obligation includes, but is not limited to, securing janitorial services for Tenant's Premises, replacement of all lighting elements, periodic carpet cleaning, and repair of any damages to walls, floors, doors, doorways, and ceilings within Tenant's Premises. Landlord will maintain and repair the roof, foundation, exterior walls, all exterior doors and windows, all electrical wiring, plumbing and plumbing fixtures, heating and cooling units, and all other systems, unless such repair or maintenance is due to Tenant's excessive use of or special demands upon such systems. At its cost, Tenant will arrange for building improvements to Tenant’s Premises, including paint, carpeting, moving non-structural walls, using properly qualified, volunteer representatives of the building trades. The Landlord must approve of the choice of colors for materials selected.  Page 2 of 7 Pages 2. UTILITIES: During the term of this Lease and any renewals, Tenant will promptly pay all electric, heating, fuel, water, sewage, gas, telephone, and other utility bills for services provided to the Tenant's Premises during the period the Tenant remains or has the right to remain in possession of Tenant's Premises, but only to the extent such utility services provided to the Tenant's Premises are separately metered. Landlord will pay all other utility charges for services provided to the Property. 3. TAXES: The Tenant will pay all personal property taxes assessed against any of the Tenant's personal property within Tenant's Premises and any improvements Tenant makes to Tenant's Premises which are taxed as personal property. During the Lease term, the Landlord will pay all real property taxes assessed against the Property. 4. INSURANCE: During the Lease term, the Landlord will maintain at Landlord's expense extended coverage casualty insurance covering the Property to such extent and with such companies as Landlord deems appropriate. Tenant will procure and keep in force, at Tenant's sole expense, policies of insurance with companies, providing coverages, and in such amounts as are satisfactory to Landlord insuring Landlord and Tenant, as their interests may appear, against public liability and personal injury. Unless the Landlord otherwise requires, Tenant will provide to the Landlord proof of liability insurance in the amount of not less than $100,000.00 per person, $300,000.00 per occurrence, and $50,000.00 for property damage. Tenant further agrees to defend, save, and hold Landlord harmless from any and all liability arising out of Tenant's use of the Property, including reimbursement to Landlord for any attorneys fees incurred in defending, settling, or responding to any such claim. 5. ADDITIONAL RENT: If Tenant fails to maintain Tenant's Premises as paragraph requires, pay any utility charges as paragraph requires, or maintain insurance as paragraph requires, the Landlord may, but has no obligation to, advance funds to pay such costs or fulfill such obligations. The Tenant will immediately reimburse the Landlord for any such amounts the Landlord expends and any amount so expended will bear interest at the lower of 11% per annum or the highest permissible legal rate of interest. 6. USE OF PROPERTY: Tenant may use the Property only for purpose of Tenant’s Voces Community Project. Tenant will use the Property in a careful, safe, and proper manner. Tenant will not conduct nor permit to be conducted on the Property any business or any act which is contrary to or in violation of state, federal, or local law or ordinance or which would void insurance coverage. Tenant will not permit the use or storage of hazardous or toxic substances on the Property unless Tenant properly and promptly disposes of all such substances at a location off the Property and in accordance with all applicable governmental regulations. All hazardous or toxic substances will at all times remain Tenant's property and Tenant will indemnify Landlord for any costs or expenses Landlord incurs in disposing of any hazardous or toxic substances remaining on Tenant's Premises after Landlord acquires possession of Tenant's Premises following this tenancy and any costs or expenses Landlord incurs in connection with any environmental contamination of any portion of the Property caused by Tenant, Tenant's actions, or Tenant's failure to take any actions required of Tenant by law which failure causes or contributes to such contamination. Vandervoort, Christ & Fisher, P.C.  Page 3 of 7 Pages 7. EQUIPMENT, FURNISHINGS, AND TRADE FIXTURES: At the end of the Lease term, the Tenant will remove from Tenant's Premises all of the Tenant's property, trade fixtures, and any improvements Tenant has made to Tenant's Premises. Tenant will leave Tenant's Premises in a broom clean condition and will repair all damages or blemishes to the floors, walls, doors and doorways, ceiling, and any other area of Tenant's Premises or the Property arising from Tenant's use of Tenant's Premises or the Property or the installation or removal of any trade fixtures or improvements and will restore Tenant's Premises to the condition existing before Tenant's occupancy, reasonable wear and tear excepted. 8. WALKS, DRIVEWAYS, LAWN, AND PARKING AREA: The Tenant will keep the walks and driveways adjoining Tenant's Premises free from litter, obstructions, ice, and snow, and shall maintain/mow the lawn. Landlord will maintain the driveways and parking areas in their current condition, including, but not limited to, the application of blacktop sealer from time to time as necessary and re-striping of parking areas as necessary. The Tenant will provide refuse service for one or more dumpsters on the Property for use of Tenant and others occupying any portion of the building. Tenant is responsible for disposing of Tenant's trash in the dumpsters provided. 9. SIGNS: Tenant has the right to erect or place signs on the Property. Any sign Tenant places on the Property must comply with all ordinances and statutes and Tenant will maintain such signs. All such signs are subject to the Landlord's approval as to size, appearance, content, and location. 10. ENTRY BY LANDLORD FOR INSPECTION: Landlord has full access to the Property at all reasonable times for the purpose of inspecting the condition of the Property. 11. ASSIGNMENT AND SUBLETTING: Tenant may not assign this Lease or any rights under this Lease or sublet any portion of the Property without the Landlord's prior written consent. 12. DEFAULT: 12.1 Each of the following events constitutes an event of default: 12.1.1 If the Tenant becomes insolvent in that Tenant cannot or is not paying Tenant's obligations as they become due; 12.1.2 If Tenant's interest under this Lease is assigned by operation of law; 12.1.3 If Tenant vacates the Property or ceases business operations from the Property for more than 20 consecutive days; 12.1.4 If Tenant fails to deliver to Landlord proof of Tenant's insurance maintained pursuant to paragraph within 10 days of Landlord's demand for proof of such insurance; Vandervoort, Christ & Fisher, P.C.  Page 4 of 7 Pages 12.1.5 If Tenant breaches any of Tenant's obligations under this Lease, including, but not limited to, maintenance of the Property pursuant to paragraph or assignment of the Tenant's interest in violation of paragraph 11; 12.1.6 If Tenant fails to pay any installment of rent or additional rent within 7 days of Landlord's demand for same. 12.2 With the exception of the events of default described in subparagraphs 12.1.4 and 12.1.6, if any event of default continues for fifteen (15) days after the Landlord's notice of default or Tenant fails in good faith to begin the correction of a breach of any other covenant or condition of this Lease to be performed by Tenant within ten (10) days after notice to Tenant of the nature of such breach, Landlord may elect to terminate this Lease upon 5 days notice to Tenant. As to the events of default described in subparagraphs 12.1.4and 12.1.6, the Landlord may elect to terminate this Lease immediately upon the expiration of the time periods provided in those subparagraphs. Notwithstanding such termination Tenant will be liable to Landlord for damages for breach of the Tenant's obligations under this Lease, including, but not limited to, Landlord's lost rent after crediting any rent received for Tenant's Premises from any other tenant during the remaining term of this Lease, Landlord's expenses incurred in re-renting the Property, and any costs the Landlord incurs in making the Property ready for re-renting. 13. RENEWAL OF LEASE/EARLY TERMINATION OF LEASE: If Tenant desires to renew this Lease, it shall advise Landlord in writing not less than 180 days before the date of termination of this Lease, and the parties shall thereafter attempt to mutually agree upon renewal and the terms thereof. If Tenant desires to terminate this Lease, it may do so at any time on thirty days advance written notice, subject to the obligation to pay Landlord an amount equal to four months rent on or before expiration of such thirty days notice. Regardless of such early termination, Tenant shall remain responsible for any amounts due under this Lease through the effective date of such termination. 14. NOTICE: Any notice required or permitted to be given under this Lease is properly given if delivered personally to the party or if delivered by certified mail, postage fully prepaid, return receipt requested, addressed to the party at the party's last-known address. The effective date of any notice will be the date the notice is delivered personally or the day after the notice is mailed be certified mail. 15. DAMAGE BY FIRE: If the Property is damaged or destroyed by fire or other catastrophe, one of the following will occur: 15.1 If damage or destruction occurred through no fault of the Tenant, Tenant's agents, Vandervoort, Christ & Fisher, P.C.  Page 5 of 7 Pages employees, or owners and if the Landlord does not begin to repair or rebuild the Property within 90 days of the occurrence, the Tenant may elect to terminate this Lease, pay all rent accrued as of the date of the occurrence, and neither party will have any further obligation to the other. 15.2 If the insurance proceeds payable as a result of the occurrence are sufficient to pay the cost of repairing or rebuilding the Property, the Landlord will, within a reasonable time after receipt of such proceeds, begin repairing or rebuilding the Property and will proceed with reasonable diligence to restore the Property. If the Landlord so begins restoring the Property, this Lease will not terminate, but the rent will abate in full if the Property is wholly untenantable and in part if the Property is partially untenantable from the date of such occurrence to the completion of the restoration. 15.3 If the insurance proceeds payable as a result of the occurrence are not sufficient to pay the cost of repairing or rebuilding the Property, the Landlord may elect to terminate this Lease without any further liability to the Tenant or to repair or rebuild the Property. If the Landlord elects to terminate this Lease, Tenant will promptly pay all rent accrued as of the date of the occurrence, and neither party will have any further obligation to the other. If the Landlord elects to repair or rebuild the Property, subparagraph 15.2 will govern the parties' rights and obligations during the period of restoration. 16. WAIVER OF SUBROGATION: Landlord releases the Tenant and Tenant's officers, directors, shareholders, partners, and employees, from liability for loss or damage to the Property and any property or improvements of which the Property is a part that is covered by valid and collectible fire insurance with an extended coverage endorsement. Tenant releases the Landlord, Landlord's officers, directors, shareholders, partners, and employees, from liability for loss or damage to any of Tenant's property located on or about the Property that is covered by valid and collectible fire insurance with an extended coverage endorsement. This release applies only with respect to loss or damage actually recovered from an insurance company. This release is effective even if the loss or damage was caused by the fault or negligence of a party or any person for whom a party may be responsible. This release will not apply to loss or damage to either party's property unless the loss or damage occurs when the party's applicable insurance policy contains a clause or endorsement to the effect that the release will not adversely affect or impair the policy or prejudice the right of the insured to recover under the policy. Each party will endeavor to obtain casualty insurance policies permitting the waiver of the right of subrogation. 17. CONDEMNATION: If the entire Property, or such portion of the Property as to render the use by Tenant unprofitable or impractical, is taken or appropriated by virtue of eminent domain or similar proceedings, or be condemned for public or quasi-public use, Tenant may elect to terminate this Lease. All rent and charges will be permanently abated from the date of taking. Except as provided above, in the event of a partial taking, this Lease will not terminate, but Vandervoort, Christ & Fisher, P.C.  Page 6 of 7 Pages Tenant will be entitled to an abatement of rent in a just and equitable amount. If the parties cannot agree on the amount of abatement, the amount will be determined by arbitration. All compensation for any taking of the Property or any portion thereof will belong to and be the property of Landlord. Tenant hereby assigns to Landlord all rights with respect thereto; provided, however, nothing contained herein will prevent Tenant from seeking in a separate action reimbursement from the condemning authority (if permitted by law) for moving expenses, expenses for removal of Tenant's property, or loss of Tenant's business good will, but if and only if such action does not reduce the amount of the award or other compensation otherwise recoverable from the condemning authority by Landlord. 18. ALTERATIONS: Tenant may make such alterations, additions, or improvements to the Property as Tenant deems necessary for Tenant's purposes only with the Landlord's prior written consent. If Landlord is required by the municipality or by court or other governmental authority to repair, alter, remove, reconstruct or improve any part of the Property, then Landlord will complete such work at Landlord's expense and Tenant hereby waives any claim for damage because of such work. 19. SUBORDINATION: Tenant agrees this Lease is and will remain subject and subordinate to all present and future mortgages affecting the Property and Tenant will promptly execute and deliver to the Landlord such certificate in writing as Landlord may request showing the subordination of this Lease to such mortgage or mortgagee and in default of Tenant so doing, Landlord will have the authority to execute such certificate on behalf of Tenant. 10. LICENSES: Tenant hereby represents that Tenant has and will maintain any and all licenses which may be required for Tenant's business. 21. NONWAIVER: Failure of Landlord to insist on the strict performance of any term or condition of this Lease will not constitute a waiver of Landlord's right to later enforce such term or condition. 22. HOLDING OVER: It is expressly agreed and understood between the parties that if Tenant holds over beyond a lease term without an express written renewal, then the tenancy becomes a month-to-month tenancy and the holding over will not constitute a renewal of this Lease. 22. QUIET ENJOYMENT: Landlord agrees that upon Tenant's prompt payment of the rents and compliance with all provisions of this Lease, Tenant may peacefully and quietly have, hold and enjoy Tenant's Premises during the basic term and all additional renewal terms. 32. ATTORNEYS FEES: If either party commences any legal action to enforce this Lease or to obtain any relief for breach of this Lease, then in addition to any other relief available, the prevailing party in such action will be entitled to an award of actual reasonable attorneys fees incurred. 42. MISCELLANEOUS PROVISIONS: Vandervoort, Christ & Fisher, P.C.  Page 7 of 7 Pages 24.1 This Lease constitutes the entire agreement between the parties and may be amended only by a written document executed by all the parties. 24.2 This Lease is governed by the laws of Michigan. 24.3 This Lease is binding on the parties, their heirs, representatives, assigns and successors. 24.4 If any term, condition or covenant of this Lease is, to any extent, invalid or unenforceable, the remaining provisions will not be affected and will continue to be valid and enforceable. 24.5. The captions, sections numbers and article numbers are for convenience only and in no way describe, limit or construe the provisions of this Lease. 24.6 The provisions of this Lease will be presumed to have been mutually drafted and negotiated by the parties. No presumption will apply against either party in interpreting this Lease in the event of any ambiguity. LANDLORD: Battle Creek Downtown Development Authority DATED: _______________________ By:________________________________ Its: __________________________ TENANT: VOCES DATED: _______________________ By:________________________________ Its: __________________________ Prepared By: Nelson Karre VANDERVOORT, CHRIST & FISHER, P.C. Suite 450, 70 West Michigan Ave. Battle Creek, MI 49017 (269) 965-7000 Vandervoort, Christ & Fisher, P.C. 2018 Merchants Small Business Development Fund City of Battle Creek 34 W Jackson Street, Suite 3B Battle Creek, MI 49017 Phone: 269-966-3355 x. 1193 E-mail: smallbusinessinfo@battlecreekmi.gov Abigail Hill Merchant Information Student Designer 2019 Season  2019 Season Season Dates Apply Today How to Apply to become a Merchant BC CARGO May 1 through October 26, 2019 Complete the pre-application online at: Connect with Small Business Development https://bccargo.org/new-merchants/ Team with questions about BC Cargo or to Marketplace Hours A full application will be emailed to you. request a copy of the BC Cargo Guidelines. Wednesday & Thursday Email smallbusinessinfo@battlecreekmi. 9 a.m. to 5 p.m. gov or call 269.966.3355 x. 1193 for more Request a full application via email Friday information. smallbusinessinfo@battlecreekmi.gov 10 a.m. to 7 p.m. Saturday 2019 Season Application Submission 9 a.m. to 3 p.m. Submit full application packet to: Sunday smallbusinessinfo@battlecreekmi.gov 10 a.m. to 3 p.m. • May be open for special events and extended hours • Dates and times subject to change • See BC Cargo on facebook for most up to date information • Monday & Tuesdays are optional Seasonal Lease $1,200, includes utilities Cargo Space • 160 SF within retrofitted shipping container plus additional outdoor merchandising display • Handicap accessible Downtown Location SE Corner of Hamblin and McCamly in Full Blast Parking Lot at 35 Hamblin Avenue Battle Creek Parking Parking along Jackson Street Improved Reliability is from McCamly Street to Capital Avenue will be Coming Your Way unavailable. Parking lot Consumers Energy will be extending & rehabilitating the civil entrances off of Jackson infrastructure to provide new business service along Jackson Street in Street will be temporarily downtown Battle Creek. This work will improve your electric reliability unavailable, at which time and allow us to better serve your current and future energy needs. the parking ramp entrance The project will be completed in two parts. off of Michigan Avenue will act as a duel entry and exit Part One: Replacing point. underground conduit will begin in late Deliveries Please note that delivery March 2019 and service to Jackson street and is scheduled for alleys off of Jackson Street will completion in late need to be rerouted. June 2019. Part Two: Installing Outage upgraded electric Communication cable will begin in Any required electric late June 2019 and outages to this area will be communicated in advance is scheduled for and will be scheduled to completion in late minimize the inconvenience September 2019. to your business. For timely outage information, consider Road Closures signing up for text alerts at The map above shows the streets affected during the project. ConsumersEnergy.com/alerts 1. Jackson Street from McCamly Street to Capital Avenue will be closed in sections. 2: The intersection of Capital Avenue and Jackson Street will be Contacts closed for an estimated two weeks. 3: The intersection of McCalmy Street and Jackson Street will be Megan Cogswell-Roets closed for an estimated two to three weeks. Business Account Manager 517-243-9295 Specific dates and timeframes of road closures will be megan.cogswell@cmsenergy.com communicated two weeks before project start date. Phil Ziemba Electric System Owner 616-530-4296 Phillip.Ziemba@cmsenergy.com