Downtown Detroit BIZ Board Meeting Materials August 12, 2014

Downtown Detroit Business Improvement Zone Board of Directors

INITIAL MEETING

Tuesday, August 12, 2014 8:30 a.m.

Conference Room 3010 The Guardian Building

500 Griswold St. Detroit, MI 48226

AGENDA

I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of Minutes (none to approve) V. Administrative Report (none) VI. Audits (none) VII. Committee Reports (none) VIII. Old Business (none) IX. New Business

a. Presentation on organization of business improvement zone

b. Resolution 2014-__-Adoption of bylaws

c. Resolution 2014-__-Election of chairperson

d. Resolution 2014-__-Election of officers

e. Resolution 2014-__-Retain legal counsel

f. Resolution 2014-__-Confirm tax-exempt status

g. Resolution 2014-__-Adopt ethics and conflict of interest policy

h. Presentation on Open Meetings Act compliance

i. Resolution 2014-__-Format for agenda, minutes, and resolutions

j. Resolution 2014-__-Adopt regular meeting schedule for 2014

Downtown Detroit Business Improvement Zone Board of Directors

k. Resolution 2014-__-Authorize administrative services agreement with Detroit Downtown, Inc.

l. Resolution 2014-__-Certification of 2014 assessment calculation

m. Presentation on budget n. Resolution 2014-__-FY 2014 budget time schedule

o. Presentation of recommended budget FY 2014-2015 and general appropriations act

p. Resolution 2014-__- Publication of FY 2014-2015 budget notice

q. Resolution 2014-__-Designate financial institution

X. Public Comment (if any) XI. Other Business

a. Executive Committee discussion

b. Resolution 2014-__Election of Executive Committee members

XII. Adjournment A copy of the proposed minutes of the meeting will be available for public inspection at the principal office of the Downtown Detroit Business Improvement Zone within 8 business days. A copy of the approved minutes of the meeting, including any corrections, will be available for public inspection at the principal office of the Downtown Detroit Business Improvement Zone within 5 business days after approval by the board of directors.

Downtown Detroit Business Improvement Zone

BIZ Board of Directors: August 12, 2014

OVERVIEW

Downtown Detroit BIZ is a special assessment district formed by property owners that provides cleaning, safety

and landscaping services to keep Downtown Detroit clean, safe and

beautiful.

R e c o m m e n d e d S c o p e & B u d g e t

Anticipated Budget Allocations: $4 M

A n t i c i p a t e d B I Z S e r v i c e s

• Cleaning services • Landscaping services • Safety & hospitality ambassadors • Marketing and streetscape • Planning studies • Parks & common space maintenance and

programming

Downtown Detroit Partnership, Inc.

Nonprofit Directorship

Corporation

501(c)(3) - Charitable

Detroit Downtown,

Inc.

Nonprofit Directorship Corporation

501(c)(4) – Civic

Downtown Detroit

Business Improvement Zone

Public Body Corporate

R e s p o n s i b i l i t i e s

1. Execute BIZ Plan 2. Establish priority scope of services 3. Certify annual BIZ assessment calculations 4. Establish BIZ budget 5. Contract with DDI for service 6. Hold annual meeting of property owners 7. Amend budget as needed BIZ board members covered by directors & officers insurance

R e s p o n s i b i l i t i e s

• Comprised of BIZ Officers and three other members elected by majority of board members; serve 1 year terms

• Board Chair resides over Executive Committee • Functions in advisory capacity to the board • Makes recommendations to full BIZ board • Nominates individuals for appointment to board

of directors • Complies with Open Meetings Act

G o v e r n a n c e & V o t i n g

• Members serve 1, 2 or 3 year terms. • Required board officers: chair, vice chair, secretary

and treasurer

• Appoint individuals to fill board member vacancies

• Establish additional committees

B o a r d O f f i c e r s

Chairperson oversees preparation of:

• Presides over board of director meetings

• Serves as chief administrative officer of the zone

• Serves as coordinator for Freedom of Information

Act for the zone


Vice-Chairperson

• Presides over board of directors meetings when

Chairperson not present


Secretary oversees preparation of

• Keep board of director meeting minutes

• Ensure BIZ complies with public notices detailed in

bylaws and Open Meetings Act.

• Maintains board of directors register for contact

information


Treasurer oversees preparation of:

• Custody over BIZ funds and securities

• Maintain BIZ financial records, including receipts

and disbursements.

• Deposit funds and securities

P u b l i c M e e t i n g s

• Comply with Freedom with Information Act (FOIA)

and Open Meetings Act (OMA)

• Required to hold public comment period at every

meeting

F i n a n c i a l

• Fiscal Year is from July 1 to June 30, mirrors City of Detroit’s fiscal process.

C o m m u n i c a t i o n S t r a t e g i e s

• Committed to transparency and openness • Communication strategies will support Open

Meetings Act • Target outreach to property owners on BIZ

assessments • General communications to on-street retailers,

downtown stakeholders and general public on BIZ services: clean, safe and inviting.

P r o p e r t y O w n e r O u t r e a c h

Thank you note sent to 4,000 addresses in May

Property Owner BIZ Assessment FAQ

Dedicated BIZ Webpages

D o w n t o w n P e r c e p t i o n s

Goal: Establish benchmark to measure our progress year over year • Measure perceptions about safety, parks and public

space, cleanliness, activities, entertainment and residential living

• Seek downtown employees, residents, businesses and visitors to participate.

• Annual survey common place in downtowns

DOWNTOWN DETROIT BUSINESS IMPROVEMENT ZONE BOARD OF DIRECTORS

______________

RESOLUTION 2014-__ Adoption of Bylaws

The board of directors of the Downtown Detroit Business Improvement Zone resolves that the

following administrative procedures are adopted as the initial bylaws of the Downtown Detroit Business Improvement Zone:

Bylaws of the Downtown Detroit Business Improvement Zone

ARTICLE 1

PURPOSE AND DEFINITIONS

1.1. Purpose. The Downtown Detroit Business Improvement Zone (“Zone”) is organized as a Michigan business improvement zone under Chapter 2 of 1961 PA 120, MCL 125.990 to 125.990n (“Act”). The purpose of the Zone is described in the Act and the Zone Plan developed and adopted for the Zone.

1.2. Definitions. Unless otherwise stated, all of the terms used in these bylaws have the

meaning defined in the Act and the Zone Plan.

ARTICLE 2 OFFICES

2.1. Principal Office. The principal office of the Zone is 600 Renaissance Center, Suite 1740,

Detroit, Michigan 48243. The principal office shall be the registered office of the Zone and the registered agent of the Zone shall be its secretary, unless another individual is designated as the resident agent of the Zone by the board of directors.

2.2. Other Offices. The Zone may establish and maintain offices authorized by the board of

directors at such other places as the board of directors may designate or as the business of the Zone may require.

ARTICLE 3 BOARD OF DIRECTORS

3.1. Terms. Members of the board of directors shall be appointed for terms as provided in

the Zone Plan. After the expiration of the initial terms, members of the board of directors shall be appointed for terms of 3 years. Members of the board are eligible for reappointment. A member of the board of directors may continue to serve after the expiration of the member’s term until a successor is appointed and qualified.

3.2. Vacancies. A position on the board of directors becomes vacant upon any of the

following events occurring prior to the appointment of a successor by the appointing authority for the member: (1) the expiration of the member’s term; (2) the death of the member;

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(3) the resignation of the member; (4) the removal of the member from office; (5) the member ceasing to be an inhabitant of the state of Michigan; (6) the member’s conviction of any infamous crime or of any offense involving a violation of the

member’s oath of office; (7) the decision of a competent tribunal declaring the member’s appointment void; or (8) the refusal or neglect of the member to take the oath of office.

3.3. Nominations. The executive committee created under section 5.5 may nominate

individuals for appointment to the board of directors in the event of a vacancy on the board of directors other than the position nominated by the mayor of the city of Detroit. An individual need not be nominated by the executive committee to be appointed by the board of directors to fill a vacancy on the board of directors.

3.4. Filling Vacancies. A vacancy on the board of directors other than a vacancy in the

position nominated by the mayor of the city of Detroit shall be filled by the board of directors. A vacancy on the board of directors in the position nominated by the mayor of the city of Detroit is subject to confirmation as provided under MCL 125.990g. A vacancy arising before the expiration of a term shall be filled for the remainder of the term in the same manner as the original appointment.

3.5. Resignation. A member of the board of directors may resign by providing written notice

to the secretary. 3.6. Removal. The board of directors, by an affirmative vote of the majority of the members

of the board of directors serving at the time of the vote, may remove a member of the board of directors.

3.7. Contact Information. Each member of the board of directors shall register the

member’s mailing address, e-mail address, and telephone number with the secretary. 3.8. Functions and Responsibilities. (a) The board of directors shall exercise the functions

and responsibilities of the board of directors under the Act, other applicable law, the Zone Plan, and these bylaws.

(b) Each year, the board of directors shall certify annual assessment calculations to the city of Detroit.

3.9. Regular Meetings. The board of directors shall hold regular meetings not less than

quarterly at the times, dates, and places within the city of Detroit determined by the board. 3.10. Special Meetings. A special meeting of the board of directors may be called by the

chairperson or any seven members of the board of directors. The Chairperson or members of the board of directors calling the special meeting shall fix the time, date, and place within the city of Detroit for the special meeting.

3.11. Annual Meeting. Each calendar year, the board of directors shall schedule and hold an

annual meeting of Property Owners within the Zone Area. The annual meeting may be held at a regular or special meeting of the board of directors

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3.12. Open Meetings. The board of directors shall comply with the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.273. Public notice of the time, date, and place of board of directors meetings shall be given in the manner required by the Open Meetings Act.

3.13. Notice to Board. In addition to notice requirements under the Open Meetings Act,

notice of any meeting of the board of directors stating the time, date, place, and purpose of the meeting shall be given to each member of the board of directors by: (1) mailing a written notice of the meeting to the address designated by a member of the board of directors at least three days before the meeting; (2) personally delivering written notice of the meeting to a member of the board of directors at least two days before the meeting; (3) verbally notifying a member of the board of directors of meeting at least two days before the meeting in person, by telephone, or by electronic means of verbal communication; or (4) electronically transmitting notice of the meeting to a member at least two days before the meeting by electronic mail or other form of electronic communication directed to the e-mail address designated by the member of the board of directors. A member of the board of directors may waive notice of any meeting by written or electronically-transmitted statement sent by the member of the board of directors and signed before or after the meeting of the board of directors. The attendance of a member of the board of directors at a board of directors meeting constitutes a waiver of notice of the meeting.

3.14. Quorum. A majority of the members of the board of directors serving on the board of

directors constitutes a quorum for the transaction of the business of the board of directors. 3.15. Voting. The board of directors shall act by a majority vote of each of the members of the

board of directors serving at the time of the vote. Members of the board of directors may not engage in proxy or weighted voting.

3.16. Participation by Electronic Communication. Members of the board of directors may

participate in meetings by electronic means of communication to the fullest extent permitted by law. Subject to any guidelines and procedures adopted by the board of directors, members of the board of directors not physically present at a meeting of the board of directors may participate in the meeting by means of simultaneous electronic communication, be considered present in person for all relevant purposes, and may vote at the meeting.

3.17. Public Comment Policy. (a) All members of the public will be afforded the opportunity

to address the board of directors at a meeting of the board of directors on matters related to the business of the Zone during the public comment time on the agenda for the meeting.

(b) Members of the public wanting to address the board of directors must first state

their name and address. (c) The comment time for each member of the public is limited to three minutes. (d) Members of the public submitting written comments to the board of directors

must provide their name, address, and signature on a submitted document. 3.18. Rules of Order. Unless inconsistent with these bylaws, the rules contained in the current

edition of Robert’s Rules of Order Newly Revised shall govern the board of directors in all applicable matters.

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3.19. Expenses. Members of the board of directors may be reimbursed by the Zone for their

actual and necessary expenses incurred in the performance of their official duties as members of the board of directors only pursuant to an expense policy adopted by the board of directors.

ARTICLE 4 OFFICERS

4.1. Officers. Selected members of the board of directors shall serve as officers in the

following positions: chairperson, vice-chairperson, secretary, and treasurer. The board of directors may elect a member of the board of directors as an assistant secretary, assistant treasurer, or other officer of the Zone. An officer elected under this article shall be elected to a one-year term as an officer and is eligible for reelection after the expiration of a term. A vacancy in an officer position caused other than by the expiration of a term shall be filled for the balance of the term.

4.2. Chairperson. (a) The board of directors shall elect from among the members of the

board of directors a chairperson. The chairperson shall hold office until the expiration of the chairperson’s term, but may resign as chairperson by written notice to the secretary. The chairperson shall preside over meetings of the board of directors. The chairperson shall serve as a member of the executive committee created under section 5.5.

(b) The chairperson shall serve as the chief administrative officer of the Zone,

including for both of the following purposes:

(1) the Uniform Budgeting and Account Act, 1968 PA 2, MCL 141.421 to 141.440a; (2) the Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246 (“FOIA”), including as FOIA

coordinator for the Zone. 4.3. Vice-Chairperson. The board of directors shall elect from among the members of the

board of directors a vice-chairperson. The vice-chairperson shall hold office until the expiration of the vice-chairperson’s term, but may resign as vice-chairperson by written notice to the secretary. If the chairperson is absent, the vice-chairperson shall preside over meetings of the board of directors. If the office of chairperson is vacant, the vice-chairperson shall be the acting chairperson of the board of directors. The vice-chairperson shall serve as a member of the executive committee created under section 5.5.

4.4. Secretary. The board of directors shall elect from among the members of the board of

directors a secretary. The chairperson shall hold office until the expiration of the chairperson’s term, but may resign as chairperson by written notice to the chairperson. The secretary shall do all of the following: (1) keep the minutes of the meetings of the board of directors; (2) see that all notices are given under these bylaws and applicable law; (3) keep a register of the mailing address, phone number, and e-mail address of each member of

the board of directors; (4) serve as a member of the executive committee created under section 5.5; and (5) perform all other duties incident to the office of secretary and other duties assigned by the

board of directors.

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4.5. Treasurer. The board of directors shall elect from among the members of the board of

directors a treasurer. The treasurer shall hold office while a member of the board of directors and until a successor is appointed and qualified. The treasurer may resign as treasurer by written notice to the secretary. The treasurer shall do all of the following: (1) have charge and custody over the funds and any securities of the Zone; (2) maintain the financial records of the Zone, including records of receipts and disbursements; (3) deposit funds and securities received by the Zone in depositories authorized by the board of

directors; (4) serve as a member of the executive committee created under section 5.5; and (5) perform all other duties incident to the office of treasurer and other duties assigned by the

board of directors.

4.6. Assistance for Secretary and Treasurer. Zone personnel shall assist the secretary and the treasurer in the performance of their duties. The board of directors may delegate a specific duty or authority of the secretary or the treasurer to another officer of the Zone. The board of directors may contract with another person or entity to assist the secretary and treasurer in performing the duties of their offices.

ARTICLE 5 COMMITTEES

5.1. Establishment. In addition to the executive committee established under section 5.5,

the board of directors may by resolution establish other committees composed of members of the board of directors.

5.2. Function. A committee established by the board of directors under section 5.1 shall

function in an advisory capacity to the board of directors and may consider matters referred by the board of directors. While a committee may recommend action by the board of directors, the committee shall not determine whether items will or will not be referred for action by the board of directors.

5.3. Meetings. Except as provided in section 5.5, each committee shall elect from among the

members of the committee a committee chairperson and a committee vice-chairperson. The committee chairperson shall preside over meetings of the committee. If the committee chairperson is absent, the vice-chairperson shall preside over meetings of the committee. A committee shall meet at the time, date, and place within the city of Detroit determined by the committee chairperson. Notice of meetings of a committee shall be provided to members of the committee in the same manner as notice for a meeting of the board of directors under section 3.13.

5.4 Reports. Each committee established by the board of directors shall report on its

activities at each meeting of the board of directors.

5.5. Executive Committee. The board of directors may by resolution establish an executive committee consisting of the chairperson, the vice-chairperson, the secretary, the treasurer, and three other members of the board of directors elected by the board of directors to serve a 1-year term as a member of the executive committee. A member of the executive committee elected by the board of directors may resign as a member of the executive committee by written notice to the secretary. The chairperson shall preside over meetings of the executive committee. If the chairperson is absent, the vice-chairperson shall preside over meetings of the executive committee. The executive committee shall

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function in an advisory capacity to the board of directors, may consider matters referred by the board of directors, nominate individuals for appointment to the board of directors, and make other recommendations to the board of directors relating to the functions and responsibilities of the Zone. While the executive committee may recommend action by the board of directors, the executive committee shall not determine whether items will or will not be referred for action by the board of directors.

ARTICLE 6

CONTRACTS, FUNDS, AND GIFTS

6.1. Contracts. The board of directors may authorize any officer or agent to enter into any contract, to execute and deliver any instrument, or to acknowledge any instrument required by law to be acknowledged on behalf of the Zone, consistent with these bylaws and applicable law. When the board of directors authorizes the execution of a contract or of any other instrument on behalf of the Zone without specifying the executing officer or agent, the chairperson may execute the contract or instrument.

6.2. Loans. No loans shall be contracted on behalf of the Zone and no evidences of

indebtedness shall be issued in the name of the Zone unless authorized by a resolution of the board of directors.

6.3. Checks, Drafts, and Orders. All checks, drafts, or other orders for the payment of

money, notes, or other evidences of indebtedness issued in the name of the Zone shall be signed by the treasurer or the chairperson.

6.4. Deposits. All funds of the Zone not otherwise employed shall be deposited to the credit

of the Zone in a bank, trust company, or other depository as authorized by the board of directors and consistent with any investment policy adopted by the board of directors, if the bank, trust company, or other depository is eligible to be a depository for public moneys under 1932 (1st Ex Sess) PA 48, MCL 129.11 to 129.15.

6.5. Investments. The Zone may deposit or invest any of its money in a manner consistent

with requirements applicable to a school district under Section 1223 of the Revised School Code, 1976 PA 451, MCL 380.1223.

6.6. Gifts. (a) For the purposes of the Zone or the Zone Plan, the chairperson is authorized,

on behalf of the Zone to do both of the following: (1) accept gifts, grants, assistance funds, or other contributions to the Zone; (2) apply for, execute documents on behalf of the Zone, and take other action necessary to obtain

grants, assistance funds, or other contributions payable to the Zone;

(b) The chairperson shall report gifts, grants, assistance funds, or contributions accepted on behalf of the Zone to the board of directors.

6.7. Fiscal Year. The fiscal year of the Zone shall begin on July 1 of a calendar year and end

on June 30 of the next calendar year.

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ARTICLE 7

LEGAL REPRESENTATION AND INSURANCE

7.1. Legal Representation. (a) If the validity of the Zone or an action or activity within the scope of the Act or the Zone Plan is challenged in a legal proceeding where a member of the board of directors or another officer of the Zone (“Protected Person”) is named as a defendant, to the fullest extent permitted by law and from funds lawfully available to the Zone, the cost of legal representation of the Protected Person is the responsibility of the Zone, not the Protected Person.

(b) The Zone, to the fullest extent permitted by law and from funds lawfully

available to the Zone, will reimburse a Protected Person for costs incurred by the Protected Person, including attorney fees and settlement costs, resulting from any legal challenge or proceeding related to the implementation of the Act or the Zone Plan.

(c) A Protected Person may request that the Zone defend the Protected Person in a

proceeding relating to the activities or omissions of the Protected Person under the Act or the Zone Plan and the Zone will assume the defense of the Protected Person at the Zone’s own reasonable cost, to the fullest extent permitted by law and from funds lawfully available to the Zone unless a conflict under applicable law or rules prohibits the Zone from defending the Protected Person, in which case the Protected Person may retain counsel and the Zone is responsible for the reasonable costs of representing the Protected Person to the fullest extent permitted by law and from funds lawfully available to the Zone.

(d) If a Protected Person retains counsel and the Zone is responsible for the

reasonable costs of representing the Protected Person in connection with a legal proceeding, the Protected Person will be defended by counsel as each Protected Person determines and the Zone will pay all reasonable and necessary costs of the defense, including reasonable counsel fees, to the fullest extent permitted by law and from funds lawfully available to the Zone.

7.2. Insurance. (a) The board of directors may authorize the purchase and maintenance of

insurance on behalf of any individual who is, or was, a member of the board of directors, officers, employee, or agent of the Zone, or is, or was, serving at the request of the Zone as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, authority, intergovernmental entity, or other enterprise against any liability asserted against the individual and incurred by the individual, in any capacity or arising out of the individual’s status.

(b) The board of directors may authorize the purchase and maintenance of liability insurance on behalf of the Zone.

ARTICLE 8

AMENDMENTS

8.1. Amendments. These Bylaws may be altered, amended, or repealed, and new bylaws may be adopted by the affirmative vote of a majority of the board of directors at any regular meeting of the board of directors. These Bylaws may be altered, amended, or repealed, and new bylaws may be adopted by the affirmative vote of the board of directors at any special meeting of the board of

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directors, if a notice setting forth the terms of the bylaws proposal has been given in accordance with the notice requirements for special meetings.

Secretary’s Certification:

I certify that this resolution was duly adopted by the board of directors of the Downtown Detroit Business Improvement Zone at a properly-noticed open meeting held with a quorum present on August 12, 2014.

By: ____________________________ [Secretary Name] Secretary

LAN01\351370.6


______________

RESOLUTION 2014-__ Election of Chairperson

The board of directors of the Downtown Detroit Business Improvement Zone resolves that

____________________________ is elected as its chairperson.




LAN01\351371.2


______________

RESOLUTION 2014-__ Election of Officers

The board of directors of the Downtown Detroit Business Improvement Zone resolves that

following members of the board of directors are elected to the following offices of the Downtown Detroit Business Improvement Zone:

Vice-Chairperson ____________________________; [Name] Secretary ____________________________; and [Name] Treasurer ____________________________. [Name]




LAN01\351380.3


_______________________

RESOLUTION 2014-__ Retain Legal Counsel

The Board of Directors of the Downtown Detroit Business Improvement Zone resolves that the

chairperson is authorized to sign an engagement letter retaining the law firm of Dykema Gossett PLLC as initial legal counsel for the Downtown Detroit Business Improvement Zone.




LAN01\351388.3

Dykema Gossett PLLC 400 Renaissance Center Detroit, MI 48243 WWW.DYKEMA.COM Tel: 313-568-6800 Fax: 313-568-5893

Steven C. Liedel

Direct Dial: 517-374-9184 Direct Fax: 855-259-3571 Email: [email protected]

DRAFT

Cal i forn ia | I l l ino is | Michigan | Minnesota | North Caro l ina | Texas | Washington , D.C .

August __, 2014

[Chairperson Name], Chairperson Board of Directors Downtown Detroit Business Improvement Zone 600 Renaissance Center, Suite 1740 Detroit, MI 48824

Re: Engagement Letter for Representation of Downtown Detroit Business Improvement Zone

Dear Chairperson ___________:

We are pleased to confirm your retention of Dykema Gossett PLLC (“Dykema”) to provide legal services to the Downtown Detroit Business Improvement Zone (“Zone”) relating to the startup of the Zone, implementation of the Zone Plan, and the Zone’s compliance with Chapter 2 of 1961 PA 120, MCL 125.990 to 125.990n (the “Engagement”). This letter describes the basis on which Dykema will provide services to the Zone and details the entire agreement for the Engagement. Please let me know if you have any questions regarding this letter.

Client. For purposes of this Engagement, and for present and future conflicts of interest purposes, our client is the Zone, and not any government entity of which it may be a part, or any other government agency or department, or any individual personnel of any government entity.

Confidentiality. Dykema does not disclose nonpublic information about our clients or former clients to anyone, except as permitted by law and applicable rules of professional conduct. Dykema will preserve the confidentiality of any confidential information that the Zone provides to us in the course of representing the Zone and will not disclose or use any such information for the benefit of any other client. Conversely, we will not disclose to the Zone or use on its behalf any information with respect to which we owe a duty of confidentiality to another client or person, entity, or governmental body.

Consent to Conflicts. As we have informed you, our normal conflicts check has revealed that our firm currently represents Downtown Detroit Partnership, Inc., which is affiliated with and shares common directors with Detroit Downtown, Inc. (“DDI”), in other matters. We understand that the Zone intends to enter into an administrative services agreement with DDI.

Downtown Detroit Business Improvement Zone August __, 2014 Page 2

Cal i forn ia | I l l ino is | Michigan | Minnesota | Texas | Washington , D.C .

However, both the Zone and DDI have agreed that we may proceed to represent the Zone in this matter. If any other potential conflicts come to our attention, we will promptly consult with you.

As you know, we are a relatively large law firm, and we represent many other entities and individuals. It is possible that some of our present or future clients will have disputes with the Zone, on matters unrelated to this matter, during the time that we are representing the Zone. We are sure that you can understand the conflicts of interest and other business problems that situation could create for us, and why we must therefore condition our undertaking this representation for the Zone on its agreement that our representation of the Zone will not prevent this firm from continuing to represent, or in the future undertaking to represent, existing or new clients in any matter that is not substantially related to our work for the Zone, even if the interests of such clients in those other matters are directly adverse to the Zone. We agree, however, that your confidences or secrets will never be used against you or disclosed to the individual lawyers handling a matter against you. When appropriate, we will implement a “screening wall” procedure to ensure this separation.

Responsible Professionals. I will have primary responsibility for coordinating all assignments within our firm relating to this Engagement. I will utilize the assistance of other lawyers or paralegals from time to time if the need arises, or for the efficient and cost-effective provision of services. I encourage you to contact me at any time if you have any questions about the work being performed or our statements for services.

Fees; Costs; Payment. Our fee for this Engagement will be $22,500.00 for startup costs and other costs under the Engagement through August 31, 2014. After August 31, 2014, our fee for this engagement will be $2,500.00 per month through December 31, 2015. In addition to this monthly fee, we will bill the Zone for items incidental to the provision of services under this Engagement. The financial terms of our representation are further described in the enclosure entitled, How We Charge for Our Services and Expenses (“Enclosure”). The Zone will pay Dykema’s statements for services and expenses on a monthly basis as they are received.

The general representation of the Zone under this Engagement does not include representation of the Zone in the event litigation is initiated where the Zone is named as a party, including litigation challenging the constitutionality of Chapter 2 of 1961 PA 120, MCL 125.990 to 125.990n, the formation of the Zone, the implementation of the Zone Plan, or the validity of Zone assessments. If the Zone opts to engage Dykema to provide services in a litigation matter, Dykema will provide those services to the Zone at standard hourly rates discounted by 10%.

In certain transactions in which we represent the Zone, you may request that a third party pay the bill for our services. Nevertheless, as our client, the Zone, and not the third party, shall be responsible for assuring that our fees and other charges are paid in a timely manner.



Client Responsibilities. We understand that you are to be our principal client contact for this Engagement. You agree to cooperate fully with us and to provide promptly all information known or available to you that is relevant to our representation. We will keep you informed of significant developments on all assignments through routinely providing you with copies of incoming and outgoing documents, as well as through having periodic discussions, and we will consult with you in advance of taking any major actions.

Termination. Our representation of the Zone may be terminated by either of us at any time by written notice. The written notice may be: (a) your notification to us of your termination of our representation; (b) our confirmation to you of the completion of our representation; or (c) our notification to you of our withdrawal. If permission for withdrawal is required by a court, we will apply promptly for permission and termination will coincide with the court order for withdrawal. Our representation also will end, regardless of whether or when written notice was sent by or to you, upon the constructive completion of our work. When constructive completion of our work occurs will depend on the particular facts of our representation. If our representation of the Zone is terminated for any reason, the termination will be effective only to terminate our services prospectively and all the terms of this letter agreement will survive the termination. Upon cessation of our active involvement in a particular matter (even if we continue active involvement in other matters on your behalf), we will have no further duty to inform you of future developments or changes in law relevant to the matter. Additionally, unless you and we mutually agree in writing to the contrary, we will have no obligation to monitor renewal or notice dates or similar deadlines that may arise from the matters for which we had been retained.

Retention and Disposition of Documents. Following termination of this Engagement, any otherwise non-public information that you have supplied relating to the Engagement retained by Dykema will be kept confidential consistent with applicable rules of professional conduct. Upon your written request, your papers and property will be returned to you promptly upon receipt of payment for all outstanding fees and expenses. Our own files pertaining to the Engagement will be retained by the Firm in accordance with our normal policies. These include, for example, firm administrative records (such as time and expenses reports, personnel and staffing materials, and credit and accounting records) as well as internal lawyers’ work product (such as drafts, notes, internal memoranda and e-mail, legal and factual research and investigative reports). All records and files will be retained and disposed of in compliance with our policy in effect from time to time. Subject to future changes, it is our current policy generally not to retain records relating to a matter for more than five years.

Governing Law. The laws of the state of Michigan, without giving effect to its principles of conflicts of law, govern all adversarial proceedings arising out of this agreement.



Please be aware that you are encouraged to consult with other counsel on any of the terms of this letter, including any waiver provisions.

For our records, I would appreciate it if you would acknowledge that this letter accurately reflects the terms of this Engagement by signing and dating a copy of the letter and returning it to me. We are delighted that you have chosen to refer this matter to us, and we look forward to working with you.

Sincerely,

DYKEMA GOSSETT PLLC

Steven C. Liedel

Agreed to:

DOWNTOWN DETROIT BUSINESS IMPROVEMENT ZONE

By: ___________________________ Date: ______________________ [Chairperson Name], Chairperson c: Cameron H. Piggott scli Enclosure

LAN01\358771.2 ID\SCLI - 080869\0999

HOW WE CHARGE FOR OUR SERVICES AND EXPENSES

At Dykema we want each client relationship to be productive and satisfying for both parties. We believe one way to accomplish that goal is to explain at the outset the basis and manner in which we charge for our services and expenses.

Unless some other arrangement has been agreed upon with you, our practice is to submit monthly invoices for services and expenses. This ensures that you have a current understanding of charges and expenses incurred. The work we have performed on your behalf will be described in the monthly invoice. Payment is due upon receipt.

SERVICES

You will have an attorney who is responsible for your engagement with our firm. In addition to serving as your primary contact and either performing or overseeing all services provided for you, this attorney will review and approve each invoice you receive. The basis upon which we will charge for our services is subject to agreement between you and the Firm. In the absence of a specific agreement to the contrary, the primary factors in determining our fees include the time and effort required and the experience and skill of the person performing the work (reflected in hourly rates).

EXPENSES

At Dykema we make every effort to pass through third-party expenses with no mark-up and no surcharge for the cost of carrying the charge until payment is made by you. Filing fees, incorporation fees and similar expenses will appear on your bill at the amount actually disbursed by us on your behalf. At times these types of expenses may appear on your bill well after the work has been completed. This is a result of the Firm not receiving the invoices from the vendor in as timely a manner as the work was performed. You may be asked to pay directly certain larger expenses that are invoiced by third-parties for your account.

You also will be invoiced for expenses incurred in the course of providing legal service to you as set forth below:

1. Copies and laser printing. We charge 20¢ per page for regular black & white and 50¢ per page for regular color printed pages. We recognize that this rate may be more than per copy costs for routine jobs at some copy centers, but there are many benefits to you, such as efficiency and confidentiality, when we do the copying for you in-house. At your request and where appropriate, we will send materials to you for copying or send materials to outside vendors who will bill you directly.

2. Scanning. Each document scanned will be billed at a rate of 20¢ per page

3. Telephone Charges. The only telephone charges the firm bills are those for hosted conference calls. Hosted conference calls are billed at the vendor’s rate.

4. Fax Charges. We charge one dollar per page for outgoing faxes, and do not charge for the fax telephone call. We do not charge for incoming faxes.

5. Computerized Legal Research and Document Retrieval. We charge a discounted rate on all computerized legal research. For document retrieval (SEC edgar files), we charge a fee equal to the service provider’s standard rate.

6. Couriers. The amount billed is the actual UPS, Federal Express, or other courier’s charge. Should an in-house courier be used, the charge is comparable to that of the outside courier.

7. Postage. We do not charge for ordinary mailings under $2.50.

8. Litigation Support Services. We charge for processing/preparing electronic stored information (ESI). The amount of these charges is dependent on the specific requirements of the matter. A schedule of these charges is available upon request. We charge $10/GB each month for ESI stored in our document review platform (Relativity).

9. Word Processing Services. We do not charge for ordinary use of word processing. Special desktop publishing services will be charged at $15.00 per page.

10. CD/DVD Requests. Data copied and stored on this media is charged at a rate of $5 per CD/DVD.

Dykema reserves the right to bill back annual fees and charges levied by 3rd party e-billing providers if e-billing is required by the client.

In certain circumstances, we receive and retain discounts from our third-party contractors based on our volume use of their services.

Our responsibility is to make sure that you receive a complete, accurate and fair invoice. We strongly encourage you to raise promptly with us any questions or comments you may have regarding any invoice. In return, we expect payment of our invoices promptly upon their receipt. We reserve the right to charge interest on all past due accounts. If your account is not kept current, including attorney fees, we reserve the right to terminate our representation, in accordance with applicable rules of professional conduct. If collection proceedings are necessary, you agree to pay for our legal fees and expenses.

Dykema reserves the right to update how we charge for our services and expenses without notice.

Revised: 07/24/2013


_______________________

RESOLUTION 2014-__ Confirm Tax-Exempt Status

The Board of Directors of the Downtown Detroit Business Improvement Zone resolves that the

chairperson, with the assistance of legal counsel, is directed to take action necessary for the preparation and submission of a request to the Internal Revenue Service for confirmation of the tax-exempt status of the Downtown Detroit Business Improvement Zone as an instrumentality of government within the meaning of Section 115 of the United States Internal Revenue Code.




LAN01\351390.2


_______________________

RESOLUTION 2014-__ Adopt Ethics and Conflicts of Interest Policy


following Ethics and Conflicts of Interest Policy is adopted for members of the board of directors and any employees of the Downtown Detroit Business Improvement Zone:

ETHICS AND CONFLICTS OF INTEREST POLICY

1. Nondisclosure of Confidential Information. A member of the board of directors or any

employee (“Covered Individual”) of the Downtown Detroit Business Improvement Zone (“Zone”) shall not divulge to an unauthorized person confidential information acquired in the course of employment or service in advance of the time prescribed for its authorized release to the public.

2. Personal Opinion. A Covered Individual shall not represent his or her personal opinion

as that of the Zone. 3. Appropriate Use of Personnel, Property, and Funds. A Covered Individual shall use

personnel resources, property, and funds under the Covered Individual’s official care and control judiciously and solely in accordance with prescribed constitutional, statutory, and regulatory procedures and not for personal gain or benefit.

4. Restricted Business Transactions. A Covered Individual shall not engage in a business

transaction in which the Covered Individual may profit from his or her official position or authority or benefit financially from confidential information that the Covered Individual has obtained or may obtain by reason of that position or authority. Instruction not done during regularly scheduled working hours except for annual leave or vacation time shall not be considered a business transaction under this paragraph if the instructor does not have any direct dealing with or influence on the employing or contracting facility associated with his or her course of employment or service with the Zone.

6. Contract Restrictions. Except as provided in section 7, a Covered Individual shall not be

a party, directly or indirectly, to any contract between the Covered Individual and the Zone other than an employment contract between the Covered Individual and the Zone.

5. Solicitation. (a) A Covered Individual shall not solicit or accept a gift or loan of money,

goods, services, or other thing of value for the benefit of a person or organization, other than the Zone, which tends to influence the manner in which the Covered Individual performs official duties.

(b) Except as provided in section 7, a Covered Individual shall not directly or indirectly

solicit any contract between the Zone and any of the following:

(1) the Covered Individual, excluding an employment contract between the Covered Individual and the Zone;

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(2) a business entity, including a partnership, co-partnership, limited liability company, or unincorporated association of which the Covered Individual is a partner, member, officer, or employee;

(3) any corporation in which the Covered Individual is a stockholder owning more than 1% of the

total outstanding stock of any class if the stock is not listed on a stock exchange, or stock with a present total market value in excess of $25,000.00 if the stock is listed on a stock exchange, or of which the Covered Individual is a director, officer, or employee; or

(4) any trust of which the Covered Individual is a beneficiary or trustee.

¶(c) A Covered Individual shall not take any part in the negotiations for a contract

described in subsection (b), the renegotiation or amendment of the contract, or in the approval of the contract, and shall not represent either party in the transaction.

7. Contract Exceptions. (a) The restrictions under sections 5 and 6 do not apply to any of

the following contracts:

(1) a contract between two or more public entities; (2) a contract awarded by the Zone to the lowest qualified bidder, other than a Covered Individual,

upon receipt of sealed bids pursuant to a published notice. Except as authorized by law, the notice shall not bar any qualified person, firm, corporation, trust, or other entity from bidding. This subparagraph (2) does not apply to amendments or renegotiations of a contract or to additional payments made under a contract that were not authorized by the contract at the time of award by the Zone; or

(3) a contract for public utility services where the rates are regulated by the state or federal

government.

(b) The restrictions under sections 5 and 6 do not apply to a Covered Individual who is paid for working an average of 25 hours per week or less for the Zone, but the Covered Individual shall meet all of the following requirements:

(1) the Covered Individual shall promptly disclose any financial interest in a contract with the Zone

to the board of directors of and the disclosure shall be made a matter of record in the official proceedings of the board of directors;

(2) unless the Covered Individual making the disclosure under subparagraph (1) will directly benefit

from the contract in an amount less than $250.00 and less than 5% of the public cost of the contract and the Covered Individual files a sworn affidavit to that effect with the board of directors, or unless the contract is for emergency repairs or services, the disclosure shall be made in either of the following manners:

(A) the Covered Individual promptly discloses in writing to the chairperson, or if the

chairperson is the public servant who is a party to the contract, to the secretary, the financial interest in the contract at least 7 days prior to the meeting at

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which a vote on the contract will be taken. A disclosure under this subparagraph (A) shall be made public in the same manner as a public meeting notice; or

(B) The Covered Individual discloses the financial interest at a public meeting of the

board of directors. The vote on the contract shall be taken at a meeting of the board of directors held at least 7 days after the meeting at which the disclosure is made. If the amount of the direct benefit to the Covered Individual is more than $5,000.00, disclosure must be made as provided under this subparagraph;

(3) the contract is approved by a vote of not less than 2/3 of the full membership of the board of

directors in open session without the vote of the Covered Individual making the disclosure; (4) the board of directors discloses all of the following summary information in its minutes:

(A) the name of each party involved in the contract; (B). the terms of the contract, including duration, financial consideration between

parties, facilities or services of the Zone included in the contract, and the nature and degree of assignment of employees of the Zone for fulfillment of the contract; and

(C). the nature of any financial interest. (c) If 2/3 of the members of the board of directors are not eligible under this policy to

vote on a contract or to constitute a quorum, a member of the board of directors may be counted for purposes of a quorum and may vote on the contract if the member of the Board of Directors will directly benefit from the contract in an amount less than $250.00 and less than 5% of the public cost of the contract and the member files a sworn affidavit to that effect with the board of directors. The affidavit shall be made a part of the public record of the official proceedings of the board of directors. As used in this paragraph, “governmental decision” means a determination, action, vote, or disposition upon a motion, proposal, recommendation, resolution, ordinance, order, or measure on which a vote by members of the board of directors is required and by which the board of directors effectuates or formulates public policy.

(d) Sections 5 and 6 do not prevent a Covered Individual from making or participating in

a governmental decision if the Covered Individual’s participation is required by law. 8. Employment Restrictions. Except as provided in Section 10, a Covered Individual shall

not engage in or accept employment or render services for a private or public interest when that employment or service is incompatible or in conflict with the discharge of the Covered Individual’s official duties for the Zone or when that employment may tend to impair the Covered Individual’s independence of judgment or action in the performance of official duties for the Business Improvement Zone.

9. Additional Restrictions. Except as provided in Section 10, a Covered Individual shall not participate in the negotiation or execution of contracts, making of loans, granting of subsidies, fixing of rates, issuance of permits or certificates, or other regulation or supervision relating to a business entity in which the Covered Individual has a financial or personal interest.

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10. Exceptions to Sections 8 and 9. (a) Sections 8 and 9 do not apply and a Covered Individual shall be permitted to vote on, make, or participate in making a governmental decision if all of the following occur:

(1) the requisite quorum necessary for official action on the governmental decision by the board of

directors is not available because the participation of the Covered Individual in the official action would otherwise violate section 8 or section 9;

(2) the Covered Individual is not paid for working more than 25 hours per week for the Zone; and

(3) the Covered Individual promptly discloses any personal, contractual, financial, business, or employment interest the Covered Individual may have in the governmental decision and the disclosure is made part of the public record of the official action of the board of directors on the governmental decision.

(b) If a governmental decision involves the awarding of a contract, Sections 8 and 9 do not apply and a Covered Individual shall be permitted to vote on, make, or participate in making the governmental decision if the Covered Individual will directly benefit from the contract in an amount less than $250.00 or less than 5% of the public cost of the contract, whichever is less, and the Covered Individual files a sworn affidavit containing that information with the board of directors. The affidavit required by this paragraph shall be made a part of the public record of the official action on the governmental decision.

(c) As used in this section 10, “governmental decision” means a determination, action,

vote, or disposition upon a motion, proposal, recommendation, resolution, ordinance, or measure on which a vote by the members of the board of directors and by which the board of directors formulates or effectuates public policy.

11. Violations. (a) A Covered Individual who has knowledge that another Covered Individual

other than the chairperson has violated this policy may report the existence of the violation to the chairperson. A Covered Individual who has knowledge that the chairperson has violated this policy may report the existence of the violation to the vice-chairperson.

(b) A Covered Individual who reports or is about to report a violation of this policy shall

not be subject to any of the following sanctions because they reported or were about to report a violation of this policy:

(1) dismissal from employment or office;

(2) withholding of salary increases that are ordinarily forthcoming to the Covered Individual;

(3) withholding of promotions that are ordinarily forthcoming to the Covered Individual;

(4) demotion in employment status; or

(5) Transfer of employment location.

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LAN01\351501.3

California | Illinois | Michigan | Minnesota | Texas | Washington, D.C.

www.dykema.com

MICHIGAN OPEN MEETINGS ACT

COMPLIANCE

Presentation to Detroit Business Improvement Zone Board of Directors August 12, 2014

“If you had to identify, in one word, the reason why the human race has not achieved, and never will achieve, its full potential, that word would be meetings.” - Dave Barry

PURPOSE OF OPEN MEETINGS ACT • To promote openness in government.

OPEN MEETINGS ACT REQUIREMENTS

1. Public notice of meeting provided.

2. Public bodies meet in public.

3. Decisions only made at public meeting.

4. Minutes of meetings available to public.

WHAT IS A “PUBLIC BODY”? • Any state or local legislative or governing body, including

a board, commission, committee, subcommittee, authority, or council, that is empowered by state constitution, statute, charter, ordinance, resolution, or rule to exercise governmental or proprietary authority or perform a governmental or proprietary function; a lessee of such a body performing an essential public purpose and function pursuant to the lease agreement; or the board of a nonprofit corporation formed by a city.

• The board of directors of the Detroit Downtown Business Improvement Zone is a public body. A “public body corporate” and a governmental entity created by

state statute.

WHAT IS A “DECISION”? • A determination, action, vote, or disposition upon a

motion, proposal, recommendation, resolution, order, ordinance, bill, or measure on which a vote by members of a public body is required and by which a public body effectuates or formulates public policy.

WHAT IS A “MEETING”? • The convening of a public body at which a quorum is

present for the purpose of deliberating toward or rendering a decision on a public policy, or any meeting of the board of a nonprofit corporation formed by a city.

DECISIONS ONLY IN PUBLIC MEETINGS

• All decisions of a public body must be made at a meeting open to the public; and

• All deliberations of a public body involving a quorum (at least half) of its members must take place at a meeting open to the public. • Includes any consensus building process or discussion.

NOT PERMITTED • Informal discussion of public policy outside of a public

meeting

• “Round-the-horn” decision making where board members use telephone calls, e-mails, or subgroups to achieve same communication meeting of full board.

• Round-robin voting by sign-off sheet.

• Proxy voting.

• Secret ballots.

• Use of e-mail, text messaging, or other electronic communication among board members during an open meeting.

PERMITTED • Advisory committees only capable of making

recommendations

• Canvassing-Informal canvas by one member of board to predict votes should a decision be made at a public meeting without intent to avoid open meeting requirement.

• Purely social or chance gathering without policy discussions.

• Workshops, seminars, informational gathering or conferences designed to convey information about areas of professional interest without decisions, deliberations, or input from officers or employees.

CLOSED SESSIONS • Only allowed for limited purposes (2/3 vote may be required):

• Specified personnel matters, if requested; • Collective bargaining strategy or negotiations, if requested; • Consider purchase or lease of real property; • Consult with attorney on trial or settlement in connection with pending litigation, but only if open meeting would have a detrimental financial effect;

• Review application for employment or appointment if applicant requests confidentiality; or

• Consider material exempt from discussion or disclosure, such as written legal memo (but not oral advice from attorney).

• Closed session must occur at open meeting.

• No decision made during closed session.

THE PUBLIC • Public may attend a meeting without registering or

providing name or identifying other information.

• A member of the public may not be excluded from a meeting except for a breach of the peace committed at the meeting.

• Board may adopt rules limiting public comment and requiring individuals to identify themselves before speaking.

• Meeting place should be accessible.

• Public may record meeting.

MINUTES • Must include date, time, place, members present, members

absent, decisions made, purpose of any closed session, and any roll call votes.

• Proposed minutes must be made available to public within 8 days of meeting.

• Minutes must be approved at next meeting and made available 5 days after approval.

NOTICE • Annual schedule of regular meetings must be

posted within 10 days of first meeting of a public body in each calendar or fiscal year.

• Changes to schedule of regular meeting must be posted within 3 days of adoption.

• For rescheduled regular or special meeting, notice must be posted and accessible to the public for at least 18 hours.

PENALTIES • Intentional violation is a misdemeanor. Public official

may be personally liable for damages.

• Decisions made in violation of the Open Meetings Act may be invalidated by a court.

• Lawsuits may be brought to compel compliance.

• Attorney fees may be awarded if challenge successful.

QUESTIONS?

Steven Liedel

[email protected]

(517) 374-9184

OOPPEENN MMEEEETTIINNGGSS AACCTT

HHAANNDDBBOOOOKK

Attorney General Bill Schuette

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The Handbook is intended to be a quick reference guide. It is not intended to be encyclopedic on every subject or resolve every situation that may be encountered.

TABLE OF CONTENTS THE BASICS The Act.............................................................................................................................................4 What bodies are covered? ..............................................................................................................4 Public notice requirements .............................................................................................................4 Agendas and the OMA ...................................................................................................................6 Penalties for OMA violations ........................................................................................................6 Lawsuits to compel compliance .....................................................................................................6 Correcting non-conforming decisions ............................................................................................6 DECISIONS MUST BE MADE IN PUBLIC MEETINGS All decisions must be made at a meeting open to the public .........................................................7 Meeting "informally" to discuss matters ........................................................................................7 Canvassing board members on how they might vote ....................................................................7 May a quorum of a board gather outside an open meeting without violating the OMA? .............8 Advisory committees and the OMA ..............................................................................................8 Use of e-mail or other electronic communications during an open meeting .................................9 CLOSED SESSIONS Meeting in closed session ............................................................................................................10 A closed session must be conducted during the course of an open meeting ...............................10 Going into closed session .............................................................................................................11 Leaving a closed session ..............................................................................................................11 Decisions must be made at an open meeting, not the closed session ..........................................12 Avoid using the terms "closed session" and "executive session" interchangeably ......................12 Staff and others may join the board in a closed session ..............................................................12 Forcibly removing a person from a closed session ......................................................................12 PUBLIC ATTENDING OPEN MEETINGS Excluding individuals ..................................................................................................................13 Identifying public attendees .........................................................................................................13 Limiting public comment .............................................................................................................13 Meeting location ..........................................................................................................................14 Timing of public comment ...........................................................................................................14

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Taping and broadcasting ..............................................................................................................14 MINUTES What must be in the minutes ........................................................................................................15 When must the minutes be available ...........................................................................................15 When must the minutes be approved ...........................................................................................15 Closed session minutes ................................................................................................................15 Inadvertent omissions from the minutes ......................................................................................16 PARLIAMENTARY PROCEDURES Core principle ...............................................................................................................................17 QUORUM Quorum ........................................................................................................................................17 What is the quorum? ....................................................................................................................17 Disqualified members ..................................................................................................................17 Losing a quorum ..........................................................................................................................18 Resigned members .......................................................................................................................18 VOTING Abstain .........................................................................................................................................19 Adjourning the meeting ..............................................................................................................19 Chairperson voting .......................................................................................................................19 Expired-term members .................................................................................................................19 Imposing a greater voting requirement ........................................................................................19 Majority ........................................................................................................................................19 Proxy voting .................................................................................................................................20 Roll call vote ................................................................................................................................20 Round-robin voting ......................................................................................................................20 Rule of necessity ..........................................................................................................................20 Secret ballot .................................................................................................................................21 Tie vote ........................................................................................................................................21

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OPEN MEETINGS ACT THE BASICS The Act – the Open Meetings Act (OMA) is 1976 PA 267, MCL 15.261 through 15.275. The OMA took effect January 1, 1977. In enacting the OMA, the Legislature promoted a new era in governmental accountability and fostered openness in government to enhance responsible decision making.1 Nothing in the OMA prohibits a public body from adopting an ordinance, resolution, rule, or charter provision that requires a greater degree of openness relative to public body meetings than the standards provided for in the OMA.2 What bodies are covered? – the OMA applies to all meetings of a public body.3 A "public body" is broadly defined as:

[A]ny state or local legislative or governing body, including a board, commission, committee, subcommittee, authority, or council, that is empowered by state constitution, statute, charter, ordinance, resolution, or rule to exercise governmental or proprietary authority or perform a governmental or proprietary function; a lessee of such a body performing an essential public purpose and function pursuant to the lease agreement.4 [Emphasis added.]

As used in the OMA, the term "public body" connotes a collective entity and does not include an individual government official.5 The OMA does not apply to private, nonprofit corporations.6 Public notice requirements – a meeting of a public body cannot be held unless public notice is given consistent with the OMA.7 A public notice must contain the public body's name, telephone number, and address, and must be posted at its principal office and any other locations

1 Booth Newspapers, Inc v Univ of Michigan Bd of Regents, 444 Mich 211, 222-223; 507 NW2d 422 (1993). 2 MCL 15.261. 3 MCL 15.263. When the Handbook refers to a "board," the term encompasses all boards, commissions, councils, authorities, committees, subcommittees, panels, and any other public body. 4 MCL 15.262(a). The provision in the OMA that includes a lessee of a public body performing an essential public purpose is unconstitutional because the title of the act does not refer to organizations other than "public bodies." OAG, 1977-1978, No 5207, p 157 (June 24, 1977). Certain boards are excluded "when deliberating the merits of a case." MCL 15.263(7). See also MCL 15.263(8) and (10). 5 Herald Co v Bay City, 463 Mich 111, 129-133; 614 NW2d 873 (2000) – a city manager is not subject to the OMA. Craig v Detroit Public Schools Chief Executive Officer, 265 Mich App 572, 579; 697 NW2d 529 (2005). OAG, 1977-1978, No 5183A, p 97 (April 18, 1977). 6 OAG, 1985-1986, No 6352, p 252 (April 8, 1986) – the Michigan High School Athletic Association is not subject to the OMA. See also Perlongo v Iron River Cooperative TV Antenna Corp, 122 Mich App 433; 332 NW2d 502 (1983). 7 MCL 15.265(1). Nicholas v Meridian Charter Twp, 239 Mich App 525, 531; 609 NW2d 574 (2000).

http://www.legislature.mi.gov/(S(hngc1mj4nomrnvu4q5erut45))/mileg.aspx?page=getObject&objectName=mcl-Act-267-of-1976

http://www.legislature.mi.gov/(S(hngc1mj4nomrnvu4q5erut45))/mileg.aspx?page=getObject&objectName=mcl-Act-267-of-1976

http://www.legislature.mi.gov/(S(gykims55pmu1tj551ehpyn55))/mileg.aspx?page=getObject&objectName=mcl-15-263


http://www.ag.state.mi.us/opinion/datafiles/1970s/op05183.htm




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the public body considers appropriate.8 If a public body is a part of a state department, a public notice must also be posted in the principal office of the state department.9 Public notice requirements are specific to the type of meeting:

(1) For regular meetings of a public body, there shall be posted within 10 days after the first meeting of the public body in each calendar or fiscal year a public notice stating the dates, times, and places of its regular meetings.

(2) For a change in schedule of regular meetings of a public body, there shall be posted within three days after the meeting at which the change is made, a public notice stating the new dates, times, and places of its regular meetings.

(3) For a rescheduled regular or a special meeting of a public body, a public notice stating the date, time, and place of the meeting shall be posted at least 18 hours before the meeting. (4) A meeting of a public body which is recessed for more than 36 hours shall be reconvened only after public notice has been posted at least 18 hours before the reconvened meeting.10

At their first meeting of the calendar or fiscal year, each board must set the dates, times, and places of the board's regular meetings for the coming year. The OMA does not require any particular number of meetings. The board's schedule of regular meetings is not, of course, set in stone. The board is free to cancel or reschedule its meetings. The minimum 18-hour notice requirement is not fulfilled if the public is denied access to the notice of the meeting for any part of the 18 hours.11 The requirement may be met by posting at least 18 hours in advance of the meeting using a method designed to assure access to the notice. For example, the public body can post the notice at the main entrance visible on the outside of the building that houses the principal office of the public body.12 A public body must send copies of the public notices by first class mail to a requesting party, upon the party's payment of a yearly fee of not more than the reasonable estimated cost of printing and postage. Upon written request, a public body, at the same time a public notice of a meeting is posted, must provide a copy of the public notice to any newspaper published in the state or any radio or television station located in the state, free of charge.13

8 MCL 15.264(a)-(c). 9 MCL 15.264(c). 10 MCL 15.265(2)-(5). 11 OAG, 1979-1980, No 5724, p 840 (June 20, 1980). 12 OAG No 5724. 13 MCL 15.266.







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Agendas and the OMA – while the OMA requires a public body to give public notice when it meets, it has no requirement that the public notice include an agenda or a specific statement as to the purpose of a meeting.14 No agenda format is required by the OMA.15 Penalties for OMA violations – a public official who "intentionally violates" the OMA may be found guilty of a misdemeanor16 and may be personally liable for actual and exemplary damages of not more than $500 for a single meeting.17 The exemptions in the OMA must be strictly construed. The "rule of lenity" (i.e., courts should mitigate punishment when the punishment in the criminal statute is unclear) does not apply to construction of the OMA's exemptions.18 A decision made by a public body may be invalidated by a court, if the public body has not complied with the requirements of MCL 15.263(1), (2), and (3) [i.e., making decisions at a public meeting] or if failure to give notice in accordance with section 5 has interfered with substantial compliance with MCL 15.263(1), (2), and (3) and the court finds that the noncompliance has impaired the rights of the public under the OMA. Lawsuits to compel compliance – actions must be brought within 60 days after the public body's approved minutes involving the challenged decision are made publicly available.19 If the decision involves the approval of contracts, the receipt or acceptance of bids, or the procedures pertaining to the issuance of bonds or other evidences of indebtedness, the action must be brought within 30 days after the approved minutes are made publicly available.20 If the decision of a state public body is challenged, venue is in Ingham County.21 Correcting non-conforming decisions – in any case where a lawsuit has been initiated to invalidate a public body's decision on the ground that it was not made in conformity with the OMA, the public body may, without being deemed to make any admission contrary to its interest, reenact the disputed decision in conformity with the OMA. A decision reenacted in this manner shall be effective from the date of reenactment and is not rendered invalid by any deficiency in its initial enactment.22 If the board acts quickly, the reenactment may defeat a claim for attorney's fees, since plaintiffs would not be successful in "obtaining relief in the action" within the meaning of the OMA.23

14 OAG, 1993-1994, No 6821, p 199 (October 18, 1994). But, as discussed in OAG No 6821, other statutes may require a public body to state in its notice the business to be transacted at the meeting. 15 Lysogorski v Bridgeport Charter Twp, 256 Mich App 297, 299; 662 NW2d 108 (2003). 16 MCL 15.272. 17 MCL 15.273. 18 People v Whitney, 228 Mich App 230, 244; 578 NW2d 329 (1998). 19 MCL 15.270(3)(a). 20 MCL 15.270(3)(b). 21 MCL 15.270(4). 22 MCL 15.270(5). 23 Leemreis v Sherman Twp, 273 Mich App 691, 700; 731 NW2d 787 (2007). Felice v Cheboygan County Zoning Comm, 103 Mich App 742, 746; 304 NW2d 1 (1981).










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DECISIONS MUST BE MADE IN PUBLIC MEETINGS All decisions must be made at a meeting open to the public – the OMA defines "decision" to mean "a determination, action, vote, or disposition upon a motion, proposal, recommendation, resolution, order, ordinance, bill, or measure on which a vote by members of a public body is required and by which a public body effectuates or formulates public policy."24 The OMA provides that "[a]ll decisions of a public body shall be made at a meeting open to the public," and that, with limited exceptions, "[a]ll deliberations of a public body constituting a quorum of its members shall take place at a meeting open to the public."25 The OMA does not contain a "voting requirement" or any form of "formal voting requirement." A "consensus building process" that equates to decision-making would fall under the act.26 For example, where board members use telephone calls or sub-quorum meetings to achieve the same intercommunication that could have been achieved in a full board or commission meeting, the members' conduct is susceptible to "round-the-horn" decision-making, which achieves the same effect as if the entire board had met publicly and formally cast its votes. A "round-the-horn" process violates the OMA.27 Meeting "informally" to discuss matters – while the OMA "does not apply to a meeting which is a social or chance gathering or conference not designed to avoid this act,"28 a meeting of a public body must be open to the public. The OMA does not define the terms "social or chance gathering" or "conference," and provides little direct guidance as to the precise scope of this exemption.29 To promote openness in government, however, the OMA is entitled to a broad interpretation and exceptions to conduct closed sessions must be construed strictly.30 Thus, the closed session exception does not apply to a quorum of a public body that meets to discuss matters of public policy, even if there is no intention that the deliberations will lead to a decision on that occasion.31 Canvassing board members on how they might vote – an informal canvas by one member of a public body to find out where the votes would be on a particular issue does not violate the OMA,

24 MCL 15.262(d). 25 MCL 15.263(2) and (3). 26 Booth Newspapers, Inc v Univ of Michigan Bd of Regents, 444 Mich at 229. 27 Booth Newspapers, Inc, 444 Mich at 229 – "any alleged distinction between the [public body's] consensus building and a determination or action, as advanced in the OMA's definition of 'decision,' is a distinction without a difference." 28 MCL 15.263(10). 29 OAG, 1981-1982, No 6074, p 662, 663 (June 11, 1982). 30 Wexford County Prosecutor v Pranger, 83 Mich App 197, 201, 204; 268 NW2d 344 (1978). 31 OAG, 1977-1978, No 5298, p 434, 435 (May 2, 1978). See also OAG, 1979-1980, No 5444, p 55, 56 (February 21, 1979) – anytime a quorum of a public body meets and considers a matter of public policy, the meeting must comply with the OMA's requirements. Compare OAG, 1979-1980, No 5437, p 36, 37 (February 2, 1979), where members of a public body constituting a quorum come together by chance, the gathering is exempt from the OMA; however, even at a chance meeting, matters of public policy may not be discussed by the members with each other.






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so long as no decisions are made during the discussions and the discussions are not a deliberate attempt to the avoid the OMA.32 May a quorum of a board gather outside an open meeting without violating the OMA? – yes, in some instances. In addition to a purely social gathering or chance gathering33 that does not involve discussions of public policy among the members of the board, a quorum may accept an invitation to address a civic organization,34 listen to the concerns of a neighborhood organization, or observe demonstrations, if the board doesn't deliberate toward, or make, a decision.35 A board quorum also may meet for a workshop, seminar, informational gathering, or professional conference designed to convey, to the conference participants, information about areas of professional interest common to all conference participants.36 These kinds of meetings involve a conference designed primarily to provide training or background information and involve a relatively broad focus upon issues of general concern, rather than a more limited focus on matters or issues of particular interest to a single public body.37 However, when gatherings are designed to receive input from officers or employees of the public body, the OMA requires that the gathering be held at a public meeting.38 The OMA was not violated when several members of the board of county commissioners attended a public meeting of the county planning committee (which had more than fifty members, two who were county commissioners), which resulted in a quorum of the board being present at the meeting (without the meeting also being noticed as a county commission meeting), so long as the nonmember commissioners did not engage in deliberations or render decisions.39 Advisory committees and the OMA – the OMA does not apply to committees and subcommittees composed of less than a quorum of the full public body if they "are merely advisory or only capable of making 'recommendations concerning the exercise of governmental authority.'"40 Where, on the other hand, a committee or subcommittee is empowered to act on matters in such a fashion as to deprive the full public body of the opportunity to consider a matter, a decision of the committee or subcommittee "is an exercise of governmental authority which effectuates

32 St Aubin v Ishpeming City Council, 197 Mich App 100, 103; 494 NW2d 803 (1992). 33 OAG, 1979-1980, No 5437, p 36 (February 2, 1979). 34 OAG, 1977-1978, No 5183, p 21, 35 (March 8, 1977). 35 OAG, 1977-1978, No 5364, p 606, 607 (September 7, 1978). 36 OAG, 1979-1980, No 5433, p 29, 31 (January 31, 1979). 37 OAG, 1981-1982, No 6074, at p 664. 38 OAG No 5433 at p 31. 39 OAG, 1989-1990, No 6636, p 253 (October 23, 1989), cited with approval in Ryant v Cleveland Twp, 239 Mich App 430, 434-435; 608 NW2d 101 (2000) and Nicholas v Meridian Charter Twp, 239 Mich App at 531-532. If, however, the noncommittee board members participate in committee deliberations, the OMA would be violated. Nicholas, 239 Mich App at 532. 40 OAG, 1997-1998, No 6935, p 18 (April 2, 1997); OAG No 5183 at p 40.









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public policy" and the committee or subcommittee proceedings are, therefore, subject to the OMA.41 If a joint meeting of two committees of a board (each with less than a quorum of the board) results in the presence of a quorum of the board, the board must comply in all respects with the OMA and notice of the joint meeting must include the fact that a quorum of the board will be present.42 Use of e-mail or other electronic communications among board members during an open meeting – e-mail, texting, or other forms of electronic communications among members of a board or commission during the course of an open meeting that constitutes deliberations toward decision-making or actual decisions violates the OMA, since it is in effect a "closed" session. While the OMA does not require that all votes by a public body must be by roll call, voting requirements under the act are met when a vote is taken by roll call, show of hands, or other method that informs the public of the public official's decision rendered by his or her vote. Thus, the OMA bars the use of e-mail or other electronic communications to conduct a secret ballot at a public meeting, since it would prevent citizens from knowing how members of the public body have voted.43 Moreover, the use of electronic communications for discussions or deliberations, which are not, at a minimum, able to be heard by the public in attendance at an open meeting are contrary to the OMA's core purpose – the promotion of openness in government.44 Using e-mail to distribute handouts, agenda items, statistical information, or other such material during an open meeting should be permissible under the OMA, particularly when copies of that information are also made available to the public before or during the meeting.

41 Schmiedicke v Clare School Bd, 228 Mich App 259, 261, 263-264; 577 NW2d 706 (1998); Morrison v East Lansing, 255 Mich App 505; 660 NW2d 395 (2003); and OAG, 1997-1998, No 7000, p 197 (December 1, 1998) – a committee composed of less than a quorum of a full board is subject to the OMA, if the committee is effectively authorized to determine whether items will or will not be referred for action by the full board, citing OAG, 1977-1978, No 5222, p 216 (September 1, 1977). 42 OAG, 1989-1990, No 6636, at p 254. 43 See Esperance v Chesterfield Twp, 89 Mich App 456, 464; 280 NW2d 559 (1979) and OAG, 1977-1978, No 5262, p 338 (January 31, 1978). 44 See Booth Newspapers, Inc, 444 Mich at 229; Schmiedicke, 228 Mich App at 263, 264; and Wexford County Prosecutor, 83 Mich App at 204.




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CLOSED SESSIONS Meeting in closed session – a public body may meet in a closed session only for one or more of the permitted purposes specified in section 8 of the OMA.45 The limited purposes for which closed sessions are permitted include, among others46:

(1) To consider the dismissal, suspension, or disciplining of, or to hear complaints or charges brought against, or to consider a periodic personnel evaluation of, a public officer, employee, staff member, or individual agent, if the named person requests a closed hearing.47 (2) For strategy and negotiation sessions connected with the negotiation of a collective bargaining agreement if either negotiating party requests a closed hearing.48

(3) To consider the purchase or lease of real property up to the time an option to purchase or lease that real property is obtained.49

(4) To consult with its attorney regarding trial or settlement strategy in connection with specific pending litigation, but only if an open meeting would have a detrimental financial effect on the litigating or settlement position of the public body.50

(5) To review and consider the contents of an application for employment or appointment to a public office if the candidate requests that the application remain confidential. However, all interviews by a public body for employment or appointment to a public office shall be held in an open meeting pursuant to this act.51

(6) To consider material exempt from discussion or disclosure by state or federal statute.52 But note – a board is not permitted to go into closed session to discuss an attorney's oral opinion, as opposed to a written legal memorandum.53

A closed session must be conducted during the course of an open meeting – section 2(c) of the OMA defines "closed session" as "a meeting or part of a meeting of a public body that is

45 MCL 15.268. OAG, 1977-1978, No 5183, at p 37. 46 The other permissible purposes deal with public primary, secondary, and post-secondary student disciplinary hearings – section 8(b); state legislature party caucuses – section 8(g); compliance conferences conducted by the Michigan Department of Community Health – section 8(i); and public university presidential search committee discussions – section 8(j). 47 MCL 15.268(a) (Emphasis added.) 48 MCL 15.268(c) (Emphasis added.) 49 MCL 15.268(d). 50 MCL 15.268(e) (Emphasis added.) 51 MCL 15.268(f) (Emphasis added.) 52 MCL 15.268(h). 53 Booth Newspapers, Inc v Wyoming City Council, 168 Mich App 459, 467, 469-470; 425 NW2d 695 (1988).

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closed to the public."54 Section 9(1) of the OMA provides that the minutes of an open meeting must include "the purpose or purposes for which a closed session is held."55 Going into closed session – section 7(1) of the OMA56 sets out the procedure for calling a closed session:

A 2/3 roll call vote of members elected or appointed and serving is required to call a closed session, except for the closed sessions permitted under section 8(a), (b), (c), (g), (i), and (j). The roll call vote and the purpose or purposes for calling the closed session shall be entered into the minutes of the meeting at which the vote is taken.

Thus, a public body may go into closed session only upon a motion duly made, seconded, and adopted by a 2/3 roll call vote of the members appointed and serving57 during an open meeting for the purpose of (1) considering the purchase or lease of real property, (2) consulting with their attorney, (3) considering an employment application, or (4) considering material exempt from disclosure under state or federal law. A majority vote is sufficient for going into closed session for the other OMA permitted purposes. We suggest that every motion to go into closed session should cite one or more of the permissible purposes listed in section 8 of the OMA.58 An example of a motion to go into closed session is:

I move that the Board meet in closed session under section 8(e) of the Open Meetings Act, to consult with our attorney regarding trial or settlement strategy in connection with [the name of the specific lawsuit].

Another example is the need to privately discuss with the public body's attorney a memorandum of advice as permitted under section 8(h) of the OMA – "to consider material exempt from discussion or disclosure by state or federal statute."59 The motion should cite section 8(h) of the OMA and the statutory basis for the closed session, such as section 13(1)(g) of the Freedom of Information Act, which exempts from public disclosure "[i]nformation or records subject to the attorney-client privilege."60 Leaving a closed session – the OMA is silent as to how to leave a closed session. We suggest that you recommend a motion be made to end the closed session with a majority vote needed for

54 MCL 15.262(c). 55 MCL 15.269(1). 56 MCL 15.267(1). 57 And not just those attending the meeting. OAG No 5183 at p 37. 58 MCL 15.268. 59 MCL 15.268(h). Proper discussion of a written legal opinion at a closed meeting is, with regard to the attorney-client privilege exemption to the OMA, limited to the meaning of any strictly legal advice presented in the written opinion. People v Whitney, 228 Mich App at 245-248. 60 MCL 15.243(1)(g).








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approval. Admittedly, this is a decision made in a closed session, but it certainly isn't a decision that "effectuates or formulates public policy." When the public body has concluded its closed session, the open meeting minutes should state the time the public body reconvened in open session and, of course, any votes on matters discussed in the closed session must occur in an open meeting. Decisions must be made during an open meeting, not the closed session – section 3(2) of the OMA requires that "[a]ll decisions of a public body shall be made at a meeting open to the public."61 Section 2(d) of the OMA defines "decision" to mean "a determination, action, vote, or disposition upon a motion, proposal, recommendation, resolution, order, ordinance, bill, or measure on which a vote by members of a public body is required and by which a public body effectuates or formulates public policy."62 Avoid using the terms "closed session" and "executive session" interchangeably – we suggest that a public body not use the term "executive session" to refer to a "closed session." The term "executive session" does not appear in the OMA, but "closed session" does. "Executive session" is more of a private sector term and is often used to describe a private session of a board of directors, which is not limited as to purpose, where actions can be taken, and no minutes are recorded. Staff and others may join the board in a closed session – a public body may rely upon its officers and employees for assistance when considering matters in a closed session. A public body may also request private citizens to assist, as appropriate, in its considerations.63 Forcibly excluding persons from a closed session – a public body may, if necessary, exclude an unauthorized individual who intrudes upon a closed session by either (1) having the individual forcibly removed by a law enforcement officer, or (2) by recessing and removing the closed session to a new location.64

61 MCL 15.263(2). St Aubin v Ishpeming City Council, 197 Mich App at 103. See also, OAG, 1977-1978, No 5262, at p 338-339 – the OMA prohibits a voting procedure at a public meeting which prevents citizens from knowing how members of the public body have voted and OAG, 1979-1980, No 5445, p 57 (February 22, 1979) – a public body may not take final action on any matter during a closed meeting. 62 MCL 15.262(d). 63 OAG, 1979-1980, No 5532, p 324 (August 7, 1979). 64 OAG, 1985-1986, No 6358, p 268 (April 29, 1986), citing Regents of the Univ of Michigan v Washtenaw County Coalition Against Apartheid, 97 Mich App 532; 296 NW2d 94 (1980).






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PUBLIC ATTENDING OPEN MEETINGS Excluding individuals – no one may be excluded from a meeting otherwise open to the public except for a breach of the peace actually committed at the meeting.65 Identifying public attendees – no one may be required to register or otherwise provide his or her name or other information or otherwise to fulfill a condition precedent to attend a public meeting.66 Building security at the meeting site may cause issues. Members of the public might object, based on the OMA, to signing in to gain access to the building where a public meeting is being held.67 We, therefore, recommend that public bodies meet in facilities or areas not subject to public access restrictions. If the public body wishes the members of the public to identify themselves at the meeting, we suggest the board chair announce something like this:

The Board would appreciate having the members of the public attending the meeting today identify themselves and mention if they would like the opportunity to speak during the public comment period. However, you do not need to give your name to attend this meeting. When the time comes to introduce yourself and you do not want to do so, just say pass.

Since speaking at the meeting is a step beyond "attending" the public meeting and the OMA provides that a person may address the public body "under rules established and recorded by the public body," the board may establish a rule requiring individuals to identify themselves if they wish to speak at a meeting.68 Limiting public comment – a public body may adopt a rule imposing individual time limits for members of the public addressing the public body.69 In order to carry out its responsibilities, the board can also consider establishing rules allowing the chairperson to encourage groups to designate one or more individuals to speak on their behalf to avoid cumulative comments. But a rule limiting the period of public comment may not be applied in a manner that denies a person the right to address the public body, such as by limiting all public comment to a half-hour period.70

65 MCL 15.263(6). 66 MCL 15.263(4). 67 In addition, "[a]ll meetings of a public body . . . shall be held in a place available to the general public." MCL 15.263(1). 68 MCL 15.263(5). OAG, 1977-1978, No 5183, at p 34. 69 OAG, 1977-1978, No 5332, p 536 (July 13, 1978). The rule must be duly adopted and recorded. OAG, 1977-1978. No 5183, at p 34. 70 OAG No 5332 at p 538.







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Meeting location – the OMA only requires that a meeting be held "in a place available to the general public;" it does not dictate that the meeting be held within the geographical limits of the public body's jurisdiction.71 However, if a meeting is held so far from the public which it serves that it would be difficult or inconvenient for its citizens to attend, the meeting may not be considered as being held at a place available to the general public. Whenever possible, the meeting should be held within the public body's geographical boundaries. Timing of public comment – a public body has discretion under the OMA when to schedule public comment during the meeting.72 Thus, scheduling public comment at the beginning73 or the end74 of the meeting agenda does not violate the OMA. The public has no right to address the commission during its deliberations on a particular matter.75 Taping and broadcasting – the right to attend a public meeting includes the right to tape-record, videotape, broadcast live on radio, and telecast live on television the proceedings of a public body at the public meeting.76 A board may establish reasonable regulations governing the televising or filming by the electronic media of a hearing open to the public in order to minimize any disruption to the hearing, but it may not prohibit such coverage.77 And the exercise of the right to tape-record, videotape, and broadcast public meetings may not be dependent upon the prior approval of the public body.78

71 OAG, 1979-1980, No 5560, p 386 (September 13, 1979). Of course, local charter provisions or ordinances may impose geographical limits on public body meetings. 72 MCL 15.263(5). 73 Lysogorski v. Bridgeport Charter Twp, 256 Mich App at 302. 74 OAG, 1979-1980, No 5716, p 812 (June 4, 1980). 75 OAG, 1977-1978, No 5310, p 465, 468 (June 7, 1978). 76 MCL 15.263(1). 77 OAG, 1987-1988, No 6499, p 280 (February 24, 1988). 78 MCL 15.263(1).


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MINUTES What must be in the minutes – at a minimum, the minutes must show the date, time, place, members present, members absent, any decisions made at a meeting open to the public, and the purpose or purposes for which a closed session is held. The minutes must include all roll call votes taken at the meeting.79 The OMA does not prohibit a public body from preparing a more detailed set of minutes of its public meetings if it chooses to do so.80 When must the minutes be available – proposed minutes must be made available for public inspection within eight days after the applicable meeting. Approved minutes must be made available for public inspection within five days after the public body's approval.81 When must the minutes be approved – at the board's next meeting.82 Corrected minutes must show both the original entry and the correction (for example, using a "strikethrough" word processing feature). Closed session minutes – a separate set of minutes must be taken for closed sessions. While closed session minutes must be approved in an open meeting (with contents of the minutes kept confidential), the board may meet in closed session to consider approving the minutes.83 Closed session minutes shall only be disclosed if required by a civil action filed under sections 10, 11, or 13 of the OMA.84 The board secretary may furnish the minutes of a closed session of the body to a board member. A member's dissemination of closed session minutes to the public, however, is a violation of the OMA, and the member risks criminal prosecution and civil penalties.85 An audiotape of a closed session meeting of a public body is part of the minutes of the session meeting and, thus, must be filed with the clerk of the public body for retention under the OMA.86 Closed session minutes may be destroyed one year and one day after approval of the minutes of the regular meeting at which the closed session occurred.87

79 MCL 15.269(1). 80 Informational letter to Representative Jack Brandenburg from Chief Deputy Attorney General Carol Isaacs dated May 8, 2003. 81 MCL 15.269(3). 82 MCL 15.269(1) 83 OAG, 1985-1986, No 6365, p 288 (June 2, 1986). This, of course, triggers the need for more closed session minutes. 84 MCL 15.270, 15.271, and 15.273; Local Area Watch v Grand Rapids, 262 Mich App 136, 143; 683 NW2d 745 (2004); OAG, 1985-1986 No 6353, p 255 (April 11, 1986). 85 OAG, 1999-2000, No 7061, p 144 (August 31, 2000). 86 Kitchen v Ferndale City Council, 253 Mich App 115; 654 NW2d 918 (2002). 87 MCL 15.267(2).





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Inadvertent omissions from the minutes – the OMA does not invalidate a decision due to a simple error in the minutes, such as inadvertently omitting the vote to go into closed session from a meeting's minutes.88

88 Willis v Deerfield Twp, 257 Mich App 541, 554; 669 NW2d 279 (2003).

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PARLIAMENTARY PROCEDURES

Core principle – for the actions of a public body to be valid, they must be approved by a majority vote of a quorum, absent a controlling provision to the contrary, at a lawfully convened meeting.89 QUORUM Quorum – is the minimum number of members who must be present for a board to act. Any substantive action taken in the absence of a quorum is invalid. If a public body properly notices the meeting under OMA, but lacks a quorum when it actually convenes, the board members in attendance may receive reports and comments from the public or staff, ask questions, and comment on matters of interest.90 What is the quorum? – look to the statute, charter provision, or ordinance creating the board. On the state level, the Legislature in recent years has taken care to set the board quorum in the statute itself. The statute will often provide that "a majority of the board appointed and serving shall constitute a quorum." For a 15-member board, that means eight would be the quorum, assuming you have 15 members appointed and serving. Without more in the statute, as few as five board members could then decide an issue, since they would be a majority of a quorum.91 But, be careful, recent statutes often provide that "voting upon action taken by the board shall be conducted by majority vote of the members appointed and serving." In that instance, the board needs at least eight favorable votes to act.92 The Legislature has a backstop statute, which provides that any provision that gives "joint authority to 3 or more public officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it shall be otherwise expressly declared in the law giving the authority."93 Disqualified members – a member of a public body who is disqualified due to a conflict of interest may not be counted to establish a quorum to consider that matter.94

89 OAG, 1979-1980, No 5808, p 1060 (October 30, 1980). Robert's Rules of Order Newly Revised (RRONR) (10th ed.), p 4. We cite to Robert's Rules in this Handbook as a leading guide on parliamentary procedures. This is not to imply that public bodies are, as a general rule, bound by Robert's Rules. 90 OAG, 2009-2010, No 7235, p __ (October 9, 2009). 91 See OAG, 1977-1978, No 5238, p 261 (November 2, 1977). 92 See OAG, 1979-1980, No 5808, at p 1061. 93 MCL 8.3c. Wood v Bd of Trustees of the Policemen and Firemen Retirement System of Detroit, 108 Mich App 38, 43; 310 NW2d 39 (1981). 94 OAG, 1981-1982, No 5916, p 218 (June 8, 1981). But see MCL 15.342a, which provides a procedure for disqualified public officials to vote in some limited circumstances where a quorum is otherwise lacking for a public body to conduct business.






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Losing a quorum – even if a meeting begins with a quorum present, the board loses its right to conduct substantive action whenever the attendance of its members falls below the necessary quorum.95 Resigned members – the common law rule in Michigan is that a public officer's resignation is not effective until it has been accepted by the appointing authority (who, at the state level, is usually the governor). Acceptance of the resignation may be manifested by formal acceptance or by the appointment of a successor.96 Thus, until a resignation is formally accepted or a successor appointed, the resigning member must be considered "appointed and serving," be counted for quorum purposes, and be permitted to vote.

95 RRONR (10th ed.), p 337-338. 96 OAG, 1985-1986, No 6405, p 429, 430 (December 9, 1986), citing Clark v Detroit Bd of Education, 112 Mich 656; 71 NW 177 (1897).


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VOTING Abstain – means to refuse to vote. Thus, a board member does not "vote" to abstain. If a vote requires a majority or a certain percentage of the members present for approval, an abstention has the same effect as a "no" vote.97 Adjourning the meeting - a presiding officer cannot arbitrarily adjourn a meeting without first calling for a vote of the members present.98 Chairperson voting – perhaps as a spillover from the well-known constitutional rule that the vice president can only vote to break a tie in the United States Senate99 or that a legislative presiding officer usually refrains from voting unless his or her vote affects the result,100 some believe that a board's presiding officer (usually, the chairperson) can only vote to break a tie. However, absent a contrary controlling provision, all board members may vote on any matter coming before a board.101 A board's presiding officer can't vote on a motion and then, if the vote is tied, vote to break the tie unless explicitly authorized by law.102 Expired-term members – look first to the statute, charter provision, or ordinance creating the public body. Many statutes provide that "a member shall serve until a successor is appointed." Absent a contrary controlling provision, the general rule is that a public officer holding over after his or her term expires may continue to act until a successor is appointed and qualified.103 Imposing a greater voting requirement – where the Legislature has required only a majority vote to act, public bodies can't impose a greater voting requirement, such as requiring a two-thirds vote of its members to alter certain policies or bylaws.104 Majority – means simply "more than half."105 Thus, on a 15-member board, eight members constitute a majority.

97 RRONR (10th ed.), p 390-395. 98 Dingwall v Detroit Common Council, 82 Mich 568, 571; 46 NW 938 (1890), 99 US Const, art I, §3. 100 RRONR (10th ed.), p 392-393 – an assembly's presiding officer can break or create a tie vote. 101 See OAG, 1981-1982, No 6054, p 617 (April 14, 1982). 102 Price v Oakfield Twp Bd, 182 Mich 216; 148 NW 438 (1914). 103 OAG, 1979-1980, No 5606, p 493 (December 13, 1979), citing Greyhound Corp v Public Service Comm, 360 Mich 578, 589-590; 104 NW2d 395 (1960). See also, Cantwell v City of Southfield, 95 Mich App 375; 290 NW2d 151 (1980). 104 OAG, 1979-1980, No 5738, p 870 (July 14, 1980). OAG, 2001-2002, No 7081, p 27 (April 17, 2001), citing Wagner v Ypsilanti Village Clerk, 302 Mich 636; 5 NW2d 513 (1942). 105 RRONR (10th ed.), p 387.




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Proxy voting – the OMA requires that the deliberation and formulation of decisions effectuating public policy be conducted at open meetings.106 Voting by proxy effectively forecloses any involvement by the absent board member in the board's public discussion and deliberations before the board votes on a matter effectuating public policy.107 Without explicit statutory authority, this practice is not allowed.108 Roll call vote – there is no bright line rule for conducting a roll call vote.109 We suggest some rules of thumb. One, when a voice vote reveals a divided vote on the board (i.e., more than one no vote), a roll call vote should be conducted to remove doubt about the vote's count. Two, if you have board members participating by teleconference, a roll call will permit the secretary to accurately record the entire vote. Three, when the board is acting on matters of significance, such as, contracts of substantial size or decisions that will have multi-year impacts, a roll call vote is the best choice. Round-robin voting – means approval for an action outside of a public meeting by passing around a sign-off sheet. This practice has its roots in the legislative committee practice of passing around a tally sheet to gain approval for discharging a bill without a committee meeting. "Round-robining" defeats the public's right to be present and observe the manner in which the body's decisions are made and violates the letter and the spirit of the OMA.110 Rule of necessity – if a state agency's involvement in prior administrative or judicial proceedings involving a party could require recusal of all of its board members or enough of them to prevent a quorum from assembling, the common law rule of necessity precludes recusing all members, if the disqualification would leave the agency unable to adjudicate a question.111 But the rule of necessity may not be applied to allow members of a public body to vote on matters that could benefit their private employer.112 106 Esperance v Chesterfield Twp, 89 Mich App at 464, quoting Wexford County Prosecutor v Pranger, 83 Mich App 197; 268 NW2d 344 (1978). 107 Robert's Rules concur: "Ordinarily it [proxy voting] should neither be allowed nor required, because proxy voting is incompatible with the essential characteristics of a deliberative assembly in which membership is individual, personal, and nontransferable." RRONR (10th ed.), p 414. The Michigan House and Senate do not allow proxy voting for their members. 108 OAG, 2009-2010, No 7227, p __ (March 19, 2009). OAG, 1993-1994, No 6828, p 212 (December 22, 1994), citing Dingwall, 82 Mich at 571, where the city council counted and recorded the vote of absent members in appointing election inspectors. The Michigan Supreme Court rejected these appointments, ruling that "the counting of absent members and recording them as voting in the affirmative on all questions, was also an inexcusable outrage." 109 "The fact that the Open Meetings Act prohibits secret balloting does not mean that all votes must be roll call votes." Esperance v Chesterfield Twp, 89 Mich App at 464 n 9. The OMA does provide that votes to go into closed session must be by roll call. MCL 15.267. 110 OAG, 1977-1978, No 5222, at p 218. See also, Booth Newspapers, 444 Mich at 229, which concluded that "round-the-horn" deliberations can constitute decisions under the OMA. 111 Champion's Auto Ferry, Inc v Michigan Public Service Comm, 231 Mich App 699; 588 NW2d 153 (1998). The Court noted that the PSC members did not have any personal financial interest in the matter. Id. at 708-709. 112 OAG, 1981-1982, No 6005, p 439, 446 (November 2, 1981). After OAG No 6005 was issued, the Legislature amended section 2a of 1973 PA 196, MCL 15.342a, to provide a procedure for voting by public officials in some limited circumstances where a quorum is otherwise lacking for a public entity to conduct business.





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Secret ballot – the OMA requires that all decisions and deliberations of a public body must be made at an open meeting and the term "decision" is defined to include voting.113 The OMA prohibits a "voting procedure at a public meeting that prevents citizens from knowing how members of a public body have voted."114 Obviously, the use of a secret ballot process would prevent this transparency. All board decisions subject to the OMA must be made by a public vote at an open meeting.115 Tie vote – a tie vote on a motion means that the motion did not gain a majority. Thus, the motion fails.116

113 See MCL 15.262(d) and 15.263(2) and (3). 114 OAG, 1977-1978, No 5262, at p 338-339. 115 Esperance, 89 Mich App at 464. 116 Rouse v Rogers, 267 Mich 338; 255 NW 203 (1934). RRONR (10th ed.), p 392.

http://www.legislature.mi.gov/(S(mcgfqp55h5pyi4v0jeynac3v))/mileg.aspx?page=getObject&objectName=mcl-15-262



RESOLUTION 2014-__ Format for Agenda, Minutes, and Resolutions

The board of directors of the Downtown Detroit Business Improvement Zone resolves

that the following formats and instructions for agendas, minutes, and resolutions of the board of directors are approved:

<Format for Agenda>


[Date of Meeting] [Time of Meeting]

[Meeting Location Name] [Meeting Location Address]

Detroit, MI [Zip Code]

AGENDA

I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of Minutes V. Administrative Report VI. Audits (if any) VII. Committee Reports (if any) VIII. Old Business IX. New Business X. Public Comment

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XI. Other Business XII. Adjournment A copy of the proposed minutes of the meeting will be available for public inspection at the principal office of the Downtown Detroit Business Improvement Zone within 8 business days. A copy of the approved minutes of the meeting, including any corrections, will be available for public inspection at the principal office of the Downtown Detroit Business Improvement Zone within 5 business days after approval by the board of directors of the Downtown Detroit Business Improvement Zone.

<Format for Minutes>


BOARD OF DIRECTORS [Date of Meeting] [Time of Meeting]

[Meeting Location Name] [Meeting Location Address]

Detroit, MI [Zip Code]

MINUTES

Proposed Minutes Approved Minutes

MEETING TYPE: Regular Special

I. Call To Order

The meeting was called to order by the __________________ at __:__ __.m.

II. Roll Call

Board Member Attendance:

[Name], Member Present Absent [Name], Member Present Absent [Name], Member Present Absent [Name], Member Present Absent [Name], Member Present Absent [Name], Member Present Absent [Name], Member Present Absent [Name], Member Present Absent [Name], Member Present Absent [Name], Member Present Absent [Name], Member Present Absent [Name], Member Present Absent [Name], Member Present Absent

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[Name], Member Present Absent [Name], Member Present Absent *By teleconference Other attendees: [Name], [Name], . . . and [Name].

III. Approval of Agenda (if items are added, they should be included under other business)

Moved by:

Supported by:

Yes: ___ No: ___

IV. Approval of Minutes (from prior meeting)

Moved by:

Supported by:

Yes: ___ No: ___

V. Administrative Report

The board of directors received a report from _______________ related to ______________. VI. Audits (if any) VII. Committee Reports(if any)

The board of directors received a report from the _______________ committee related to ______________.

VIII. Old Business

Moved by:

Supported by:

Yes: ___ No: ___

IX. New Business

Moved by:

Supported by:

Yes: ___ No: ___

X. Public Comment

The board of directors heard comments from _______________ related to ______________. XI. Other Business

Moved by:

Supported by:

Yes: ___ No: ___

XII. Adjournment

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Moved by:

Supported by:

Yes: ___ No: ___

Certification of Minutes Proposed minutes respectfully submitted,

______________________________ _________________________ [Secretary Name] Date Secretary Approved by the board of directors on [Date of Meeting]. ______________________________ _________________________ [Secretary Name] Date Secretary

<Format for Resolution>


______________

RESOLUTION [Year]-[Number]

[Subject of Resolution] The board of directors of the Downtown Detroit Business Improvement Zone resolves

that . . . .


I certify that this resolution was adopted by the board of directors of the Downtown Detroit Business Improvement Zone at a properly-noticed open meeting held with a quorum present on ___________.


<end>

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I certify that this resolution was adopted by the board of directors of the Downtown Detroit Business Improvement Zone at a properly-noticed open meeting held with a quorum present on August 12, 2014.


LAN01\351679.3


RESOLUTION 2014-__

Adopt Regular Meeting Schedule for 2014 The board of directors of the Downtown Detroit Business Improvement Zone resolves that

following notice and schedule of regular meetings is approved and adopted as the schedule of regular meetings for the board of directors for the calendar year ending December 31, 2014:


BOARD OF DIRECTORS 600 Renaissance Center, Ste. 1740

Detroit, MI 48423 (313) 566-8250

NOTICE OF REGULAR MEETINGS

The board of directors of the Downtown Detroit Business Improvement Zone will hold regular meetings during the calendar year ending December 31, 2014, on the following dates, at the following times, and at the following location:

Date Time Thursday, August 12, 2014 8:30 a.m. Thursday, September 25, 2014 2:30 p.m. Thursday, October 16, 2014 8:30 a.m. Thursday, December 18, 2014 8:30 a.m. The regular meetings are scheduled to take place at the Guardian Building, Conference Room

3010, 500 Griswold St., Detroit, MI 48226. The annual meeting of property owners will take place at the regular meeting on December 18, 2014. The meetings will be open to the public and this notice is provided under the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275.

The location for the meetings is barrier-free and accessible to individuals with special needs.

Individuals needing special accommodations or assistance to attend or address the board of directors should contact Ramona Bain at (313) 566-8250 before the meeting to assure compliance with Subtitle A of Title II of the Americans with Disabilities Act of 1990, Public Law 101-336, 42 USC 12131 to 12134.

A copy of the proposed minutes of the meeting will be available for public inspection at the

principal office of the Downtown Detroit Business Improvement Zone within 8 business days. A copy of the approved minutes of the meeting, including any corrections, will be available for public inspection at the principal office of the Downtown Detroit Business Improvement Zone within 5 business days after approval by the board of directors.




LAN01\351687.4


_______________________

RESOLUTION 2014-__ Authorize Administrative Services Agreement with Detroit Downtown, Inc.


chairperson is authorized on behalf of the Downtown Detroit Business Improvement Zone to sign an administrative services agreement with Detroit Downtown, Inc. for the provision of services to the Downtown Detroit Business Improvement Zone.




LAN01\351685.3

ADMINISTRATIVE SERVICES AGREEMENT

This administrative services agreement is dated August 15, 2014, and is between DETROIT DOWNTOWN BUSINESS IMPROVEMENT ZONE, a Michigan public body corporate (the “BIZ”), and DETROIT DOWNTOWN, INC., a Michigan nonprofit corporation (“DDI”).

The BIZ is a public body corporate established under Chapter 2 of 1961 PA 120, MCL 125.990 to 125.990n.

DDI is a nonprofit corporation organized under the Nonprofit Corporation Act, 1982 PA 162, MCL 450.2101 to 450.3192.

The BIZ wants DDI to provide administrative services for the BIZ, including assisting the board of directors of the BIZ in managing the day-to-day activities of the BIZ and implementation of the BIZ’s zone plan, and DDI wants to charge a reasonable fee for services provided to the BIZ.

The BIZ and DDI therefore agree as follows:

1. Services. (a) The BIZ hereby engages DDI to provide, and DDI shall provide, in accordance with the terms of this agreement, the services specified in schedule 1 (“Services”). DDI shall not provide legal counsel or auditing services for the BIZ. DDI shall not exercise functions or responsibilities of the Board vested exclusively in the board of directors under the BIZ Act, but may assist the Board with the Board’s exercise of the functions or responsibilities.

(b) Services provided by DDI are subject to supervision by the Board and policies not inconsistent with this agreement adopted by the Board. DDI may not bind the BIZ.

(c) DDI shall use Reasonable Efforts to provide the Services in a timely, effective, and competent manner.

(d) DDI shall comply with all laws and regulations applicable to the provision of Services and the performance of its other obligations under this agreement, including identifying and procuring permits, certificates, approvals and inspections. If DDI is notified of a failure to comply with applicable laws and regulations, DDI shall promptly notify the BIZ and use Reasonable Efforts to remedy the noncompliance. DDI shall obtain and maintain any governmental approvals required for DDI to deliver the Services. Upon written request by either party, the other party shall use Reasonable Efforts to assist the requesting party in obtaining or maintaining a required governmental approval.

(e) If either party becomes aware of any change in applicable law or regulations relating to provision of the Services by DDI or the BIZ’s use of the Services, then that party shall notify the other party of the change in law. DDI shall use Reasonable Efforts to minimize the costs to the BIZ in complying with any such change in law.

(f) DDI may provide administrative services to other persons, entities, or governmental bodies if the provision of such services by DDI are not adverse to the BIZ or do not interfere with DDI’s provision of Services for the BIZ under this agreement.

2. Contractors. (a) DDI shall maintain an organization and personnel adequate to provide the Services for DDI consistent with the requirements of this agreement. DDI shall employ or enter into a contract with each person, entity, or governmental body compensated by DDI for providing Services

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for the BIZ (each such person, entity, or governmental body a “Contractor”). At the written request of the BIZ, DDI shall provide the BIZ with the resume of, and any relevant background information pertaining to, any Contractor and shall disclose to the BIZ what DDI pays any Contractor for providing Services for the BIZ.

(b) If the BIZ notifies DDI that any one or more Contractors providing Services for the BIZ are unacceptable to the BIZ, DDI shall promptly replace those Contractors with other similarly qualified Contractors. DDI shall not without the BIZ’s consent terminate or reassign any Contractor that the BIZ deems to be important to continuity in the provision of Services for the BIZ. DDI shall appoint a qualified Contractor to act as primary liaison between DDI and the BIZ with respect to provision of Services to DDI.

(c) DDI acknowledges that DDI and each Contractor are independent contractors and are not employees, agents, joint venturers, or partners of the BIZ for any purposes, including for purposes of tax withholding or reporting by the BIZ or any employee benefit or compensation plan offered by the BIZ, and that the BIZ will not be required to pay benefits to any Contractor. DDI shall inform all Contractors in writing of the terms of this section 2(c).

3. Term. The initial term of this agreement ends at midnight at the end of April 14, 2016. After the initial term, the term of this agreement (including the initial term and any one-year extensions under this section) will automatically be extended by consecutive one-year terms unless no later than 90 days before the extension would begin the BIZ notifies DDI that it does not wish to extend this agreement.

4. Termination. (a) The BIZ may terminate this agreement by giving notice to DDI, effective upon receipt unless the notice specifies a later date. DDI may terminate this agreement by giving notice to the BIZ, effective 180 days after receipt unless the notice specifies a later date.

(b) Promptly after termination of this agreement, the BIZ shall pay DDI any amounts owed for Services provided to DDI, if any, under this agreement before termination.

(c) Promptly after termination of this agreement, DDI shall return all records of the BIZ to the BIZ at no cost to the BIZ and refund any amounts prepaid by the BIZ and unearned by DDI, except with respect to any Services that in accordance with this agreement remain to be provided after termination.

5. Compensation. The BIZ shall pay DDI for all costs and expenses reasonably incurred by DDI in providing Services for the BIZ and authorized by a general appropriations act for the BIZ adopted by the Board (the “Costs and Expenses”). Upon the initial receipt by the BIZ of Assessment Revenues from the City totaling $350,000.00 or more, the BIZ shall pay DDI $300,000.00. Each month, DDI shall transmit to the Board an itemized invoice of Costs and Expenses incurred by DDI. The BIZ shall pay DDI undisputed charges within 30 days of receipt of the invoice. DDI shall apply the initial $300,000.00 payment from the BIZ under this section to Costs and Expenditures incurred by DDI before the BIZ makes additional payments to DDI.

6. Audits. The BIZ or its authorized representative may after 10 days prior written notice to DDI perform not more than once every 12 months an audit of the Services provided by DDI and the compensation received by DDI under this agreement. An audit shall be limited to Services provided and compensation received during the fiscal year of the BIZ immediately preceding the beginning of the

3

audit. In connection with an audit, DDI shall provide the BIZ or its authorized representative full and complete access during normal business hours to DDI’s records and DDI will use Reasonable Efforts to assist the BIZ or its authorized representative in performing the audit. Upon receipt of a written request from the BIZ, DDI shall use Reasonable Efforts to rectify any discrepancies or deficiency found during an audit.

7. Nondisclosure. (a) Except as provided in subsection (b), if during the term of this agreement either party receives information relating to the other party (the “Protected Party”) that the receiving party knows or has reason to believe is confidential or proprietary to the other party, the receiving party shall use Reasonable Efforts to do both of the following:

(1) protect and hold the information in confidence and prevent its disclosure to a nonparty unless the nonparty is under a duty of confidentiality to the Protected Party; andrestrict its use to those purposes consented to in writing by the Protected Party.A receiving party is not required

to protect or hold in confidence any information or data if the information or data is one or more of the following:

(1) available to the public or becomes available to the public for a reason other than action or inaction by the receiving party;

(2) independently developed by the receiving party;

(3) disclosed to the receiving party by a nonparty known to the receiving party not to be under any duty of confidentiality to the Protected Party with respect to the information or data;

(4) required to be disclosed by law.

8. Definitions. For purposes of this agreement, the following definitions apply:

“Assessable Property" means real property in the Zone Area other than property classified as residential real property under section 34c of the general property tax act, 1893 PA 206, MCL 211.34c, or real property exempt from the collection of taxes under the general property tax act, 1893 PA 206, MCL 211.1 to 211.155.

“Assessment” means an assessment imposed under the BIZ Act against Assessable Property for

the benefit of the Property Owners. “Assessment Revenues" means the money collected by the BIZ from any Assessments, including

any interest on the Assessments.

“BIZ Act” means Chapter 2 of 1961 PA 120, MCL 125.990 to 125.990n. “Board” means the board of directors of the BIZ. “City” means the City of Detroit, Michigan. “Generally Accepted Accounting Principles” means uniform minimum standards of and

guidelines to financial accounting and reporting standards for state and local governments issued by the Government Accounting Standards Board, including its hierarchy of generally accepted accounting principles for state and local governments.

4

“Project” means an activity for the benefit of Property Owners authorized by section 10a of the

BIZ Act, MCL 125.990a, to enhance the business environment within the Zone Area. “Property Owner" means a Person who owns, or an agent authorized in writing by a Person who

owns, Assessable Property according to the records of the treasurer of the City. “Reasonable Efforts” means, with respect to a given obligation the efforts, consistent with the

practice of comparable service providers with respect to provision of administrative services comparable the Services, that a reasonable person in DDI position would use to comply with that obligation as promptly as possible.

“Zone Area” means that term as defined under the BIZ Act, MCL 125.990(k). “Zone Plan” means that term as defined under the BIZ Act, MCL 125.990(l) and includes the

zone plan for the BIZ adopted by property owners within the Zone Area under the BIZ Act, attached as exhibit A.

9. Force Majeure. (a) If a Force Majeure Event occurs, the party that is prevented by that Force Majeure Event from performing any one or more obligations under this agreement (the “Nonperforming Party”) will be excused from performing those obligations, on condition that (1) the Nonperforming Party used reasonable efforts to perform those obligations, (2) the Nonperforming Party’s inability to perform those obligations is not due to its failure to take reasonable measures to protect itself against the event or circumstance giving rise to the Force Majeure Event, and (3) the Nonperforming Party complies with its obligations under section 9(b).

(b) Upon occurrence of a Force Majeure Event, the Nonperforming Party shall promptly notify the other party of occurrence of that Force Majeure Event, its effect on performance, and how long that party expects it to last. Thereafter, the Nonperforming Party shall update that information as reasonably necessary. During a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit damages to the other party and to resume its performance under this agreement.

(c) In this section 9, “Force Majeure Event” means, with respect to a party, any event or circumstance, regardless of whether it was foreseeable, that was not caused by that party and that prevents a party from complying with any of its obligations under this agreement, except that a Force Majeure Event will not include a strike or other labor unrest that affects only one party, an increase in prices, or a change in law.

10. Insurance. DDI shall maintain a policy of comprehensive general liability insurance of at least $1 million in coverage, with the BIZ named as an additional insured if such coverage is available. DDI also shall maintain any such insurance required by law, including unemployment insurance, workers’ compensation insurance, and automobile insurance for vehicles used by DDI or Contractors in providing Services for the BIZ required by law.

(a) With respect to any Proceeding brought by someone other than DDI or someone other than one or more BIZ Indemnitees against one or more BIZ Indemnitees arising out of this agreement or the BIZ’s purchase or use of Services (each, a “Nonparty Claim”), DDI shall indemnify those BIZ Indemnitees

5

against all Indemnifiable Losses arising out of that Proceeding, except to the extent that the BIZ negligently or intentionally caused those Indemnifiable Losses.

(b) To be entitled to indemnification under section 11(a), a BIZ Indemnitee subject to any Nonparty Claim must promptly (and in any event no later than ten days after the BIZ Indemnitee first knew of that Proceeding) notify DDI of that Nonparty Claim and deliver to DDI a copy of all legal pleadings with respect to the Nonparty Claim. If the BIZ Indemnitee fails to timely notify DDI of a Nonparty Claim, DDI will be relieved of its indemnification obligations with respect to that Nonparty Claim to the extent that DDI was prejudiced by that failure and DDI will not be required to reimburse the BIZ Indemnitee for any Litigation Expenses the BIZ Indemnitee incurred during the period in which the BIZ Indemnitee failed to notify DDI.

(c) To assume the defense of a Nonparty Claim, DDI must notify the BIZ Indemnitee that it is doing so. Promptly thereafter, DDI shall retain to represent it in the Nonparty Claim independent legal counsel that is reasonably acceptable to the BIZ Indemnitee.

(d) An BIZ Indemnitee is entitled to participate in the defense of a Nonparty Claim. A BIZ Indemnitee may defend a Nonparty Claim with counsel of its own choosing and without DDI participating if (1) DDI notifies the BIZ Indemnitee that it does not wish to defend the Nonparty Claim, (2) by midnight at the end of the tenth day after the BIZ Indemnitee notifies DDI of the Nonparty Claim DDI fails to notify the BIZ Indemnitee that it wishes to defend the Nonparty Claim, or (3) representation of DDI and the BIZ Indemnitee by the same counsel would, in the opinion of that counsel, constitute a conflict of interest.

(e) DDI shall pay any Litigation Expenses that a BIZ Indemnitee incurs in connection with defense of the Nonparty Claim before DDI assumes the defense of that Nonparty Claim, except with respect to any period during which the BIZ Indemnitee fails to timely notify DDI of that Nonparty Claim. DDI will not be liable for any Litigation Expenses that a BIZ Indemnitee incurs in connection with defense of a Nonparty Claim after DDI assumes the defense of that Nonparty Claim, other than Litigation Expenses that the BIZ Indemnitee incurs in employing counsel in accordance with section 11(d), which Litigation Expenses DDI shall pay promptly as they are incurred.

(f) After DDI assumes the defense of a Nonparty Claim, DDI may contest, pay, or settle the Nonparty Claim at its discretion without the consent of the BIZ Indemnitee only if that settlement (1) does not entail any admission on the part of the BIZ Indemnitee that it violated any law or infringed the rights of any person, entity, or governmental body, (2) has no effect on any other claim against the BIZ Indemnitee, (3) provides as the claimant’s sole relief monetary damages that are paid in full by DDI, and (4) requires that the claimant release the BIZ Indemnitee from all liability alleged in the Nonparty Claim.

(g) In this section 11, the following definitions apply:

“BIZ Indemnitee” means the BIZ, the Board, each Representative of either, and each of the heirs, executors, successors, and assignees of any of the foregoing.

“Indemnifiable Losses” means the aggregate of Losses and Litigation Expenses. “Litigation Expense” means any reasonable out-of-pocket expense incurred in defending a

Proceeding or in any related investigation or negotiation, including court filing fees, court costs, arbitration fees, witness fees, and attorneys’ and other professionals’ fees and disbursements.

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“Loss” means any amount awarded in, or paid in settlement of, any Proceeding, including any

interest but excluding any Litigation Expenses. “Proceeding” means any judicial, administrative, or arbitration action, suit, claim, investigation,

or proceeding. “Representative” means, with respect to an entity, any of that entity’s directors, officers,

employees, agents, consultants, advisors, and other representatives.

12. Intellectual Property. All intellectual property developed by DDI in providing Services for the BIZ under this agreement shall be deemed to be owned by the BIZ.

13. Non-assignment. Neither party may assign any of its rights or delegate any of its obligations under this agreement without the prior written consent of the other party.

14. Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising out this agreement, a breach or alleged breach of this agreement, a party may demand that any such dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules, and each party hereby consents to any such dispute being so resolved. Judgment on any award rendered in any such arbitration may be entered in any court with jurisdiction.

15. Modification; Waiver. No amendment of this agreement will be effective unless it is in writing and signed by the parties. No waiver of satisfaction of a condition or failure to comply with an obligation under this agreement will be effective unless it is in writing and signed by the party granting the waiver, and no such waiver will constitute a waiver of satisfaction of any other condition or failure to comply with any other obligation. To be valid, any document signed by a party under this section 15 must be signed by an officer of the party authorized to do so by the party’s board of directors.

16. Notices. (a) For a notice or other communication under this agreement to be valid, it must be in writing and delivered (1) by hand, (2) by a national transportation company with all fees prepaid, or (3) by registered or certified mail, return receipt requested and postage prepaid.

(b) Subject to section 16(d), a valid notice or other communication under this agreement will be effective when received by the party to which it is addressed. It will be deemed to have been received as follows:

(1) if it is delivered by hand, delivered by a national transportation company with all fees prepaid, or delivered by registered or certified mail, return receipt requested and postage prepaid, upon receipt as indicated by the date on the signed receipt; and

(2) if the party to which it is addressed rejects or otherwise refused to accept it, or if it cannot be delivered because of a change in address for which no notice was given, then upon that rejection, refusal, or inability to deliver.

(c) For a notice or communication to a party under this agreement to be valid, it must be addressed using the information specified below for that party or any other information specified by that party in a notice in accordance with this section 16.

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To the BIZ: Secretary Downtown Business Improvement Zone 600 Renaissance Center, Ste. 1740 Detroit, MI 48423

To DDI: Resident Agent Detroit Downtown, Inc. 600 Renaissance Center, Ste. 1740 Detroit, MI 48423

(d) If a notice or other communication addressed to a party is received after 5:00 p.m. on a business day at the location specified in the address for that party, or on a day that is not a business day, then the notice will be deemed received at 9:00 a.m. on the next business day.

17. Severability. If any provision of this agreement is held to be unenforceable, then that provision is to be construed either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if not). If an unenforceable provision is modified or disregarded under this section 17, the rest of the agreement is to remain in effect as written, and the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable.

18. Counterparts. If the parties sign this agreement in several counterparts, each will be deemed an original but all counterparts together will constitute one instrument.

19. Governing law. The laws of the state of Michigan, without giving effect to its principles of conflicts of law, govern all adversarial proceedings arising out of this agreement.

20. Entire Agreement. This agreement constitutes the entire understanding between the parties as to the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties.

[continued on next page]

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The parties are signing this agreement on the date stated in the introductory clause.

DETROIT DOWNTOWN BUSINESS IMPROVEMENT ZONE

By: [Chairperson] Chairperson

DETROIT DOWNTOWN, INC.

By: President

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SCHEDULE 1 Services

A. Accounting. DDI shall maintain accurate, complete, and separate financial records for the BIZ in compliance with Generally Accepted Accounting Principles, the Uniform Budgeting and Accounting Act, 1968 PA 2, MCL 141.421 to 141.440a, and other applicable law and regulations. DDI also shall: (1) prepare and distribute financial statements required to be generated for the BIZ; (2) pay the accounts payable and other liabilities of the BIZ, including obligations for legal and auditing services; (3) prepare financial reports and related information in a format requested by auditors retained by the BIZ as necessary to prepare an annual audit and other audit reports;

B. Asset Management. DDI shall manage any physical assets of the BIZ, including inventory, maintenance, and security.

C. Board Support. DDI shall assist the board of directors in managing the day-to-day responsibilities of the BIZ and the implementation of the Zone Plan, including: (1) maintaining the records of the BIZ; (2) preparing and distributing to the Board periodic reports on the financial condition of the BIZ as requested by the Board; (3) preparing and posting notices of meetings required under the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275; (4) preparing facilities for meetings; (5) preparing minutes of meetings and maintaining a minute book; (6) maintaining a corporate record book; (7) assisting with the annual meeting of Property Owners, including facility preparation and notice to Property Owners; (8) assisting the chairperson, vice-chairperson, secretary, and treasurer in the performance of their duties; (9) cooperating with legal counsel and auditors retained by the BIZ in the provision of services to the Board and the BIZ; (10) making recommendations to the BIZ for the appointment of auditors, legal counsel and other technical, commercial, marketing or other independent experts; (11) implementing all administrative decisions of the Board with respect to the BIZ, the Zone Plan, and Projects; and (12) attending to all other administrative matters necessary to ensure the administration of the BIZ and the implementation of the BIZ plan.

D. Budgeting. DDI shall assist the board in preparing an annual budget and general appropriations act, holding a public hearing on the budget and general appropriations act, monitoring expenditures for compliance with the annual budget and general appropriations act, and recommending amendments.

E. Communications. DDI shall provide public relations, marketing, social media, newsletter, security alert, and other communications Services for the BIZ. DDI shall assist in the design and development of all communications with Property Owners. DDI also shall coordinate relations with the City, including issues relating to Assessments and collections with the offices of the City treasurer and assessor and facilitate any memoranda of understanding or agreements between the City and the BIZ.

F. Information Technology. DDI shall manage the BIZ’s internet presence, including a website and one or more e-mail accounts. Internet services shall include all of the following:

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(1) communicating with website and e-mail system managers and their personnel and consultants; (2) assuring appropriate controls are in place to assure the security of the website and e-mail accounts; (3) regularly updating the website, including notices of Board meetings, minutes of Board meetings, Board meeting agendas, resolutions adopted by the Board, the Zone Plan, bylaws adopted by the Board, information for Property Owners, and information regarding Projects; (4) archiving e-mailed questions; and (5) responding to e-mail inquiries.

H. Insurance. DDI shall procure insurance for the BIZ as requested by the BIZ, including general liability insurance and directors and officers insurance for members of the Board.

H. Payment Administration. DDI shall administer all monies received by the BIZ consistent with the requirements of the BIZ Act and Board policy. DDI shall segregate and administer its funds separately from DDI funds. In administering DDI funds, Parent Organization shall use Reasonable Efforts to the same internal operating procedures regarding expense authorization including expense documentation requirements, as it follows for use of DDI funds. DDI will use Reasonable Efforts to make a payment of funds of the BIZ authorized by the Board, including payments to legal counsel and auditors retained by the BIZ.

I. Projects. DDI shall administer and operate Projects in the Zone Area provided for in the Zone Plan as authorized by the Board, including: (1) clean services within public rights-of-way and Downtown Detroit’s public parks and common areas; (2) landscape services within public rights-of way and Downtown Detroit’s public parks and common areas; (3) a public safety and ambassadors program; and (4) marketing and streetscape improvements. (5) real estate market, demographic and urban planning studies DDI shall prepare regular reports to the Board on Projects administered by DDI.

J. Tax services. DDI shall prepare and file any federal, state, or local tax documents required of the BIZ.

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EXHIBIT A Zone Plan for Detroit Downtown Business Improvement Zone

The following set of goals, strategies, objectives and guidelines for the operation of the Downtown Detroit Business Improvement Zone is the zone plan for the business improvement zone (“Zone Plan”): (i) Name of Zone The name for the business improvement zone is “Downtown Detroit Business Improvement Zone” (“BIZ”). (ii) Initial Board of Directors The initial board of directors for the BIZ will be comprised of the following individuals, with terms beginning on the date the BIZ is created:

Name Organization Initial Term

(Years) 1. George Barnes Heritage Optical 1 2. Charles Beckham City of Detroit* 2 3. Debra Dansby Rock Ventures 3 4. David Di Rita Roxbury Group 1 5. Chris Ferchill Ferchill Group 2 6. Linda Forte Comerica Bank 3 7. Ken Harris Michigan Black Chamber of

Commerce 1

8. Debra Homic Hoge General Motors 2 9. Richard Hosey Karp Group 3 10. George Johnson George Johnson & Company 1 11. Tricia Keith Blue Cross Blue Shield of Michigan 2 12. Mark King DTE Energy 3 13. Steven Marquardt Olympia Development 1 14. Dwight Phillips 1274 Library Street 2 15. Steven Zanella MGM Grand Detroit 3

(iii) Duties and Responsibilities of the Board of Directors The day-to-day activities of the BIZ and implementation of the Zone Plan will be managed by a board of directors (“Board”), which also will exercise the following duties and responsibilities: (a) Developing administrative procedures relating to the implementation of the Zone Plan; (b) Recommending amendments to the Zone Plan; (c) Scheduling and conducting an annual meeting of the property owners; (d) Developing a Zone Plan for the next 10-Year period;

* * One director will be nominated by the Mayor of the City of Detroit and confirmed by the City Council as provided in Section 10(g)(2) of the BIZ Act. A vacancy in this position shall be filled in the same manner as the original appointment.

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(e) Adopting bylaws applicable to the Board relating to the exercise of duties or responsibilities by the Board;

(f) Certifying annual assessment calculations to the City of Detroit; (g) Enforcing, compromising or otherwise administering the collection of assessments; and (h) Exercising duties or responsibilities of the board of directors under Chapter 2 of 1961 PA 120, MCL

125.990 to 125.990n (“BIZ Act”), the Zone Plan for the BIZ, or other applicable laws. (iv) Method for Removal, Appointment, and Replacement of Board The initial members of the Board are appointed for staggered terms of one year, two years, or three years as indicated in item (ii) of this Zone Plan. After the expiration of the initial terms, members of the Board shall be appointed by the Board for terms of three years. Members of the Board are eligible for reappointment. A member of the Board may continue to serve after the expiration of the member’s term until a successor is appointed and qualifies. A vacancy on the Board for a reason other than the expiration of a term shall be filled by the Board for the remainder of the term. Appointment of a member of the Board shall require an affirmative vote of a majority of the members of the Board serving at the time of the vote. The Board may designate a nominating committee composed of members of the Board to nominate individuals for appointment to the Board by the Board. The Board may remove any member of the Board by an affirmative vote of the majority of the members of the Board serving at the time of the vote. (v) Description of Projects Planned during 10-Year Period, including the Scope, Nature, and

Duration of the Projects Within the Zone Area, the BIZ may provide clean services within public rights-of-way including, but not limited to, litter collection, graffiti removal, pressure washing, mechanical sweeping, snow removal, and garbage and debris removal. Within the Zone Area, the BIZ may provide landscape services within public rights-of-way including, but not limited to, mowing, fertilization, annual flower planting, mulching, edging, vegetation control, pruning and trimming, integrated pest management, dormant oil spray/summer foliage spray, start-up/shut down and inspection of irrigation systems, supplemental freeway ramp mowing, weed abatement, holiday lighting, electrical and irrigation repairs, and capital improvements. Within the Zone Area, the BIZ may administer a public safety and hospitality ambassadors program. Safety and hospitality ambassadors are trained for a variety of tasks including, but not limited to, assisting, directing, and providing information to Downtown visitors, employees, and shoppers; observing, reporting, and preventing crime; discouraging panhandlers and assisting the homeless; increasing the public’s comfort and sense of security through a visible uniformed presence; and using handheld radios or other devices to interface with each other, police dispatch systems and other security personnel.

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Within the Zone Area, the BIZ may engage in marketing and streetscape improvements, including, but not limited to, lamp post banners; kiosks; signs; printed, broadcast and online materials; capital improvements and other programs designed to attract tenants, residents, visitors and customers. Within the Zone Area, the BIZ may conduct and commission real estate market, demographic and urban planning studies, including, but not limited to, studies of retail, office, residential and hotel space supply and demand, and initiatives to inform policies related to land use, transportation, urban design and parking. In addition to public rights-of-way within the Zone Area the BIZ may undertake projects including, but not limited to, the ones described above within downtown Detroit’s public parks and common areas, including, but not limited to, Campus Martius/Cadillac Square, Hart Plaza, Capitol Park, Grand Circus Park, the Detroit RiverWalk, and Beatrice Buck Park at Paradise Valley. The projects described above (“Projects”) will continue for the duration of the Plan unless otherwise determined by the Board. Services, functions and Projects provided by the BIZ will be supplemental to the services, functions and projects of the City of Detroit. The “10-Year Period” means the period in which the BIZ is authorized to operate, beginning on the date that the BIZ is created or renewed and ending 10 calendar years after that date. (vi) Estimate of the Total Amount of Expenditures for Projects Planned During the 10-Year Period It is estimated that the sum of expenditures for Projects planned in the 10-Year Period is $42,056,676. This estimate originates from two sources:

1. $40,912,106 of assessment revenues based on an initial annual budget of $4,000,000 and

estimated annual growth rates of 0.5% each in total floor area and assessable value of assessable properties each year thereafter during the 10-Year Period.

2. $1,144,570 of payments in lieu of assessments that the BIZ may receive during the 10-Year Period. This estimate is generated by applying the rates described below to the three properties within the BIZ Area owned by the United States General Services Administration (GSA) or another Federal government agency, as indicated in data from the Detroit City Assessor on December 1, 2013. In general, buildings owned by the Federal government are exempt and hence not assessable under the BIZ Act; however it is current GSA policy to participate in special assessment districts that are in effect in cities across the country. It is estimated here that GSA may provide in lieu assessments for its properties once the BIZ is initiated. The estimated annual in lieu BIZ assessment for the properties is $114,457. The actual in lieu assessment rate is to be negotiated with GSA.

It is possible that the actual total floor area and assessable value grow at higher rates, remain flat, or decrease during any year over the 10-Year Period, in which case the BIZ expenditures for the following year could correspondingly increase, remain static or decrease. It also is possible that other parties may elect to contribute payments in lieu of assessments or that the current GSA policy regarding payments in lieu of assessments may change.

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(vii) Proposed Source or Sources of financing for the Projects The primary source of financing for the Projects is an assessment applicable to assessable properties in the Zone Area. The BIZ will seek additional funds through payments in lieu of assessments (such as voluntary payments from owners of non-assessable property within the zone area) and grants or donations to fund complimentary projects and activities or administrative costs. (viii) Projected Amount or Rate of Assessments for Each Year and the Basis upon which the

Assessments are to be Imposed on Assessable Property

Assessments will be imposed on assessable properties based on two premises:

First, that a blended rate of assessment, one rate based on floor area and a second rate based on assessed value, is appropriate, with the blend being weighted 60% on floor area and 40% on assessed value; and Second, in light of the size and value of a handful of properties, equity requires that there be a cap on the aggregate amount of the annual assessment on a single property. Hence, a cap of $150,000 on the assessment of a single property will apply for any year in the 10-Year Period.

This resulted in the calculation of a Floor Area Rate and an Assessed Value Rate as follows:

The budgeted assessment revenue for the first year is $4,000,000. Four properties are subject to the cap, and their contribution will be $600,000 (at $150,000 each). This means that the balance of the annual assessment revenue ($3,400,000) for the first year must be raised by imposition of the Floor Area Rate and the Assessed Value Rate on the remaining properties. The Floor Area Rate was calculated by multiplying $3,400,000 by six-tenths (.6), and then dividing the product by the aggregate number of gross floor area (in square feet) of all uncapped properties – $2,040,000/35,112,885 = $0.0580983305 per square foot of floor area.

The Assessed Value Rate was calculated by multiplying $3,400,000 by four-tenths (.4), and then dividing the product by the aggregate assessed values of all uncapped properties – $1,360,000/$553,861,436 = $0.0024554878 per dollar of assessed value.

The Floor Area Rate and the Assessed Value Rate will remain constant throughout the 10-Year Period. For any year during the 10-Year Period, the aggregate assessment for a property (subject to the cap of $150,000, and further subject to the limitation in annual increases that is described below) will be the sum of (i) the product obtained by multiplying the floor area of the property by the Floor Area Rate, and (ii) the product obtained by multiplying the assessed value of the property by the Assessed Value Rate. Three Percent Annual Assessment Increase Limit An annual increase in any individual assessment is limited to three percent of the prior year’s assessment. If the records of the Assessor indicate a Transfer of Ownership during the prior year, the three percent limit shall not apply. Furthermore, if the records of the Assessor indicate any Additions during the prior year, the Additions may be reflected in assessments of the applicable properties irrespective of the three percent limit.

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All assessment calculations are based on property data maintained by the City of Detroit, Finance Department, Assessment Division (or any successor agency or authority charged with maintaining such data) including, but not limited to, data relating to floor area, assessed value, Transfers of Ownership and Additions. Such data current as of December 1, 2013 has been used to calculate assessments for the BIZ Petition and for the first year of the BIZ, with the exception (as to the BIZ Petition) that three known transfers of assessable properties are reflected in the BIZ Petition that were not yet reflected in the Assessor’s data as of such date. Following the first year of the BIZ, such data current as of October 1 of the prior year will be used to calculate BIZ assessments for the applicable year. For example, assessments for 2015 will be calculated using data current as of October 1, 2014. No adjustments to assessments for an assessment year will be made as a result of any adjustments to property data after October 1 in the year prior to the assessment year. “Transfer Of Ownership” and “Additions” mean those terms as defined under Section 34d of the General Property Tax Act, 1893 PA 206, as amended, MCL 211.34d. (ix) Plan of dissolution for the BIZ

Upon a written petition duly signed by 30% of the property owners of assessable property within the Zone Area submitted no sooner than two years following the adoption of the BIZ and the Zone Plan, the Board shall place on the agenda of the Board’s next annual meeting, if the next annual meeting is to be held not later than 63 days after receipt of the written petition, or a special meeting not to be held later than 63 days after receipt of the written petition, the issue of dissolution of the BIZ. Notice of the next annual meeting or special meeting described in this paragraph shall be made to all property owners of assessable property within the Zone Area by first-class mail not less than 14 days before the date of the annual or special meeting. The notice shall include the specific location and the scheduled date and time of the meeting. Except as otherwise provided in this item (ix), the BIZ shall be dissolved upon a vote of more than 50% of the property owners of assessable property voting at the meeting, with the votes of the property owners weighted in accordance with Section 10f(2) of the BIZ Act. A dissolution shall not take effect until the later of the end of the second calendar year after the vote for dissolution or all contractual liabilities of the BIZ have been paid and discharged. Upon dissolution of the BIZ, the Board shall dispose of the remaining physical assets of the BIZ. The proceeds of any physical assets disposed of by the BIZ and all money collected through assessments that is not required to defray the expenses of the BIZ shall be refunded on a pro rata basis to persons from whom assessments were collected. If the Board finds that the refundable amount is so small as to make impracticable the computation and refunding of the money, the refundable amount may be transferred to the Treasurer of the City of Detroit for deposit in the treasury of the City of Detroit to credit of the general fund. Upon dissolution of the BIZ, any remaining assets of the BIZ shall be transferred to the Treasurer of the City of Detroit for deposit in the treasury of the City of Detroit to the credit of the general fund.

LAN01\350987.5

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RESOLUTION 2014-__ Certification of 2014 Assessment Calculation

The board of directors of the Downtown Detroit Business Improvement Zone resolves as follows: that the board of directors certifies the following as the Assessment calculation for the Downtown

Detroit Business Improvement Zone for the 2014 calendar year based upon the Zone Plan for the Downtown Detroit Business Improvement Zone:

Assessed Value Rate: $0.0024554878 Floor Area Rate: $0.0580983305 Number of assessable parcels: 574 Tax Parcel ID

Number Property Address Owner of Record Assessed Value Floor Area AV

Assessment FA

Assessment Total

Assessment 01000001. 400 E JEFFERSON RIVERFRONT HOLDINGS INC $45,532,830 5,102,782 $111,805 $296,463 $150,000.00 01000004.001 201 RANDOLPH DETROIT WINDSOR TUNNEL CORP $1,474,001 0 $3,619 $0 $3,619.39 01000005.001 202 E JEFFERSON RIVERFRONT HOLDINGS INC $1,616,880 2,928 $3,970 $170 $4,140.34 01000006. 50 E JEFFERSON RIVERFRONT HOLDINGS INC $661,191 0 $1,624 $0 $1,623.55 01000007.003 220 RANDOLPH DETROIT WINDSOR TUNNEL CORP $33,066 0 $81 $0 $81.19 01000087. 409 E JEFFERSON FOUR ZERO ONE ASSOCIATES LLC $612,774 44,220 $1,505 $2,569 $4,073.77 01000122. 440 E CONGRESS 440 EAST CONGRESS PARTNERSHIP $800,000 85,539 $1,964 $4,970 $6,934.06 01000136. 401 E CONGRESS 538 EAST CONGRESS LLC $235,653 0 $579 $0 $578.64 01000137. 624 BRUSH GPW LLC $137,492 2,600 $338 $151 $488.67 01000138. 415 E CONGRESS HAMPTON HOLDINGS INC $566,035 20,847 $1,390 $1,211 $2,601.07 01000139. 421 E CONGRESS CONGRESS CLUB-JAMES QUIGLY $103,275 0 $254 $0 $253.59 01000140. 431 E CONGRESS HISTORIC ST ANDREW'S HALL $479,967 15,984 $1,179 $929 $2,107.20 01000141. 439 E CONGRESS S&SL FRANCIS INC $200,000 6,348 $491 $369 $859.91 01000144. 633 BEAUBIEN ROMARK INC $428,294 5,912 $1,052 $343 $1,395.15 01000149. 407 E FORT GV DETROIT & MV DETROIT & $1,088,768 68,048 $2,673 $3,953 $6,626.93 01000152. 743 BEAUBIEN BOYDELL LLC $1,818,002 233,248 $4,464 $13,551 $18,015.40 01000153. 422 E LAFAYETTE REALTY EQUITY COMPANY INC $446,739 0 $1,097 $0 $1,096.96 01000158. 457 E LAFAYETTE HELICON DEVELOPMENT LLC $441,236 0 $1,083 $0 $1,083.45 01000161. 1001 BRUSH GREEKTOWN CASINO LLC $6,600,000 469,000 $16,206 $27,248 $43,454.34 01000166. 118 MONROE NATIONAL THEATRE LLC $106,811 6,040 $262 $351 $613.19 01000187. 301 MONROE PARKRITE HOLDINGS LLC $313,604.00 0 $770 $0 $770.05 01000188. 349 MONROE BRADY, JOHN F $221,108 5,688 $543 $330 $873.39 01000191. 415 MONROE POZEN, ROBERT (REVOCABLE TRUST OF) $133,841 0 $329 $0 $328.64 01000192. 419 MONROE CROGHAN ASSOCIATES LLC $229,933 7,977 $565 $463 $1,028.05 01000197. 438 MACOMB PF INVESTMENTS, LLC $226,454 11,367 $556 $660 $1,216.46 01000198. 436 MACOMB COPPOLA, FRANK J $96,582 0 $237 $0 $237.16 01000203. 400 MACOMB FREEDMAN, PAUL L $184,884 0 $454 $0 $453.98 01000204. 340 MACOMB AUBREY, JOE $236,415 0 $581 $0 $580.51 01000205. 328 MACOMB AUBREY, JOSEPH $121,041 0 $297 $0 $297.21 01000206. 301 MACOMB MOBILE GROUP $75,501 0 $185 $0 $185.39 01000207. 343 MACOMB PAUL, FREEDMAN $160,800 0 $395 $0 $394.84 01000208. 401 MACOMB POZEN, ROBERT C $235,871 0 $579 $0 $579.18 01000211. 431 MACOMB WIO FIRST PARK, LLC $152,417 0 $374 $0 $374.26 01000215. 456 CLINTON FIRST BUILDERS CORP $143,320 0 $352 $0 $351.92 01000216. 428 CLINTON TREMONTI, NORMAN $213,700 16,662 $525 $968 $1,492.77 01000217. 426 CLINTON MHT FAMILY PROPERTIES II LLC $868,527 69,744 $2,133 $4,052 $6,184.67 01000218. 130 CADILLAC SQ HANS, HARRY $243,770 18,370 $599 $1,067 $1,665.84 01000219. 124 CADILLAC SQ MUNRO, HARRY $125,000 9,264 $307 $538 $845.16 01000220. 114 CADILLAC SQ EQUITY REALTY CORP $277,870 0 $682 $0 $682.31 01000221. 100 CADILLAC SQ HUTTENBAUER, SAMUEL JR $437,314 0 $1,074 $0 $1,073.82 01000222. 70 CADILLAC SQ 64 CADILLAC SQ CO-R HERSCHFUS $128,449 0 $315 $0 $315.40 01000223. 64 CADILLAC SQ 64 CADILLAC SQ CO-R HERSCHFUS $202,370 0 $497 $0 $496.92 01000224. 60 CADILLAC SQ 64 CADILLAC SQ CO-R HERSCHFUS $109,329 0 $268 $0 $268.46 01000225. 58 CADILLAC SQ CADILLAC SQ ASSOCIATES, LLC $218,712 0 $537 $0 $537.04 01000232. 111 CADILLAC SQ NEW CADILLAC SQUARE INC $1,191,808 221,208 $2,926 $12,852 $15,778.29 01000236. 139 CADILLAC SQ GNT HOLDINGS LLC $200,000 40,000 $491 $2,324 $2,815.03 01000239. 408 GRATIOT 410 CLINTON LLC $114,558 0 $281 $0 $281.30 01000240.001 400 GRATIOT MHT FAMILY PROPERTIES II LLC $132,698 8,533 $326 $496 $821.59 01000247. 281 GRATIOT 281 GRATIOT LLC $57,020 0 $140 $0 $140.01 01000255. 431 GRATIOT YOUR PERSONAL VAULT INC $155,250 31,852 $381 $1,851 $2,231.76 01000256. 441 GRATIOT AUBREY, MICHAEL $158,791 0 $390 $0 $389.91 01000257. 461 GRATIOT GREEKTOWN DEPOT LLC $295,108 196 $725 $11 $736.02 01000258. 432 MECHANIC YOUR PERSONAL VAULT INC $316,546 45,713 $777 $2,656 $3,433.12 01000268.001 246 MADISON OLYMPIA DEVELOPMENT OF MI LLC $78,900 0 $194 $0 $193.74 01000268.002 244 MADISON OLYMPIA DEVELOPMENT OF MI LLC $78,900 0 $194 $0 $193.74 01000268.003 242 MADISON OLYMPIA DEVELOPMENT OF MI LLC $78,900 0 $194 $0 $193.74 01000275. 241 MADISON DETROIT ATHLETIC CLUB $5,003,800 434,661 $12,287 $25,253 $37,539.85 01000279. 1900 BRUSH 2 DLI PROPERTIES LLC $4,203,500 417,948 $10,322 $24,282 $34,603.72

2

01000292. 31 E ADAMS AVE CENTRAL METHODIST EPISCOPAL CHURCH $231,513 63,000 $568 $3,660 $4,228.67

01000293. 47 E ADAMS AVE TRACEE, LLC $366,910 12,387 $901 $720 $1,620.61 01003781. 1436 BRUSH C4 PROPERTY MANAGEMENT LLC $88,012 1,389 $216 $81 $296.81 01003782. 1440 BRUSH BRUSH STREET LLC $153,600 12,800 $377 $744 $1,120.82 01003906. 460 RANDOLPH 1 MILLENDER CENTER ASSOC $143,756 0 $353 $0 $352.99 01003907. 460 RANDOLPH 2 MILLENDER CENTER ASSOC $19,066 0 $47 $0 $46.82 01003908. 460 RANDOLPH 3 MILLENDER CENTER ASSOC $22,552 0 $55 $0 $55.38 01003909. 460 RANDOLPH 4 MILLENDER CENTER ASSOC $19,066 0 $47 $0 $46.82 01003910. 460 RANDOLPH 5 MILLENDER CENTER ASSOC $22,552 0 $55 $0 $55.38 01003911. 460 RANDOLPH 6 MILLENDER CENTER ASSOC $31,214 0 $77 $0 $76.65 01003912. 460 RANDOLPH 7 MILLENDER CENTER ASSOC $7,700,716 0 $18,909 $0 $18,909.01 01003913. 460 RANDOLPH 8 RIVERFRONT HOLDINGS INC $8,787,500 0 $21,578 $0 $21,577.60 01003914. 460 RANDOLPH 9 RIVERFRONT HOLDINGS INC $97,018 0 $238 $0 $238.23 01003915. 460 RANDOLPH 10 RIVERFRONT HOLDINGS INC $79,694 0 $196 $0 $195.69 01003916. 460 RANDOLPH 11 RIVERFRONT HOLDINGS INC $13,891 0 $34 $0 $34.11 01003923. 748 RANDOLPH GREEKTOWN CASINO LLC $302,110 0 $742 $0 $741.83 01003926. 1216 RANDOLPH SWEETWATER SPRING DVLP $0 22,220 $0 $1,291 $1,290.94 01003927. 1218 RANDOLPH SWEETWATER SPRING DVLP $0 0 $0 $0 $0.00 01003928. 1224 RANDOLPH D & M GROUP LLC $66,060 3,300 $162 $192 $353.93 01003931. 1236 RANDOLPH 1238 RANDOPLH LLC $178,619 8,250 $439 $479 $917.91 01003932. 1300 RANDOLPH STONE, JACK L $159,499 4,676 $392 $272 $663.32 01003935. 1452 RANDOLPH PARADISE VALLEY REAL ESTATE HOLDING $252,812 12,300 $621 $715 $1,335.39 01003950. 1237 RANDOLPH STONE, SHELDON R $82,037 1,382 $201 $80 $281.73 01003962. 1000 FARMER 1000 FARMER STREET LLC $439,200 24,400 $1,078 $1,418 $2,496.05 01003984. 1413 FARMER DTE ELECTRIC COMPANY $191,748 3,000 $471 $174 $645.13 01003992. 925 FARMER NEW CADILLAC SQUARE INC $248,400 0 $610 $0 $609.94 01004000. 1250 LIBRARY CARLETON, THOMAS G $242,735 38,820 $596 $2,255 $2,851.41 01004001. 1260 LIBRARY 1260 LIBRARY STREET, LLC $726,770 19,869 $1,785 $1,154 $2,938.93 01004002. 1274 LIBRARY ANNIS HISTORIC PROPERTIES $842,224 49,790 $2,068 $2,893 $4,960.79 01004003. 1308 BROADWAY TAXPAYER/OCCUPANT $689,527 35,452 $1,693 $2,060 $3,752.83 01004004. 1310 BROADWAY 1310 - 1314 BROADWAY, LLC $196,323 4,471 $482 $260 $741.83 01004005. 1322 BROADWAY 1322 BROADWAY DEVELOPMENT CORP $395,712 10,071 $972 $585 $1,556.77 01004008. 1346 BROADWAY D & K INVESTMENTS GROUP. LLC $243,606 57,189 $598 $3,323 $3,920.76 01004009. 1356 BROADWAY SALLOUM, GEORGE S $260,765 0 $640 $0 $640.31 01004010. 1368 BROADWAY BROADWAY MERCHANTS LLC $292,083 57,792 $717 $3,358 $4,074.82 01004019. 1535 BROADWAY SIMMONS & CLARK $110,690 7,072 $272 $411 $682.67 01004020. 1529 BROADWAY 1529 BROADWAY LLC $1,722,410 24,805 $4,229 $1,441 $5,670.49 01004021. 1521 BROADWAY 1521 BROADWAY ASSOCIATES, LLC. $355,070 12,030 $872 $699 $1,570.79 01004022. 1513 BROADWAY CITI PROPERTY HOLDINGS INC. $114,395 6,600 $281 $383 $664.34 01004023. 1509 BROADWAY CURTIS, PAUL D $173,384 46,346 $426 $2,693 $3,118.37 01004033. 1323 BROADWAY MERCIER DEVELOPMENT CO $1,013,893 36,230 $2,490 $2,105 $4,594.50 01004034. 1315 BROADWAY SERMAN REAL ESTATE INC $136,020 18,040 $334 $1,048 $1,382.09 01004035. 1307 BROADWAY BROADWAY ASSOCIATES LLC $153,834 18,160 $378 $1,055 $1,432.80 01004036. 1301 BROADWAY 1301 BROADWAY LLC $161,024 21,598 $395 $1,255 $1,650.20 01004050. 1465 CENTRE HARMONIE PLAZA INC $368,623 59,162 $905 $3,437 $4,342.36 01004097. 500 WOODWARD AVENUE WWA PARKING LLC $4,750,000 331,200 $11,664 $19,242 $30,905.73 01004098. 600 WOODWARD AVENUE 600 WEBWARD AVE LLC $622,983 54,571 $1,530 $3,170 $4,700.21 01004099. 608 WOODWARD AVENUE MICB REAL ESTATE HOLDINGS LLC $124,308 12,000 $305 $697 $1,002.42 01004100. 612 WOODWARD AVENUE THARP GRAND TRUNK INC $114,068 6,248 $280 $363 $643.09 01004101. 616 WOODWARD AVENUE KEROS, GEORGE S $106,877 7,694 $262 $447 $709.44 01004104. 630 WOODWARD AVENUE 630 WEBWARD BUILDING LLC $291,500 22,416 $716 $1,302 $2,018.11 01004105. 660 WOODWARD AVENUE 660 WOODWARD ASSOCIATES LLC $3,504,598 1,109,050 $8,605 $64,434 $73,039.45

01004122. 1412 WOODWARD AVENUE 1412 WEBWARD LLC $100,831 8,000 $248 $465 $712.38

01004123. 1416 WOODWARD AVENUE 1416 WOODWARD INC $110,635 12,000 $272 $697 $968.84

01004124. 1420 WOODWARD AVENUE TATARIAN, SOPHIE N $78,823 6,000 $194 $349 $542.14

01004128. 1456 WOODWARD AVENUE SKYSCAPE INC $136,620 17,200 $335 $999 $1,334.76

01004129. 1500 WOODWARD AVENUE 1500 WEBWARD AVENUE LLC $315,130 22,520 $774 $1,308 $2,082.17

01004130. 1508 WOODWARD AVENUE 1508 WOODWARD LLC $126,051 12,365 $310 $718 $1,027.90



01004137. 1556 WOODWARD AVENUE MOTOWN CONSTRUCTION PARTNERS LLC $92,708 0 $228 $0 $227.64

01004138. 10 WITHERELL MOTOWN CONSTRUCTION PARTNERS LLC $4,688,834 208,471 $11,513 $12,112 $23,625.19

01004140. 2026 WOODWARD AVENUE DET CENTRAL METH FND $87,866 0 $216 $0 $215.75

02000137. 230 W LARNED 234 W LARNED ASSOCIATES $165,000 16,554 $405 $962 $1,366.92 02000138. 202 W LARNED A POTESTIVO-L ABRAHAM $637,065 0 $1,564 $0 $1,564.31 02000139. 164 W LARNED GRISWOLD HOLDING CO $165,000 0 $405 $0 $405.16 02000140. 154 W LARNED HUTTENBAUER, SAMUEL JR $558,245 0 $1,371 $0 $1,370.76

3

02000141. 148 W LARNED EDITH LEVIN $707,830 0 $1,738 $0 $1,738.07 02000144. 205 W CONGRESS DELICATA, NICK $315,696 19,731 $775 $1,146 $1,921.53 02000145. 225 W CONGRESS 225 WEST CONGRESS, LLC $863,080 0 $2,119 $0 $2,119.28 02000154. 422 W CONGRESS CHICKPEA DEVELOPMENT, LLC $300,000 22,048 $737 $1,281 $2,017.60 02000155. 404 W CONGRESS 623 ASSOCIATES LLC $117,300 82,800 $288 $4,811 $5,098.57 02000156. 328 W CONGRESS MARMALADE ENTERPRISES LLC $854,201 73,140 $2,097 $4,249 $6,346.79 02000157. 601 WASHINGTON BLVD CONWASH, LLC $362,064 22,629 $889 $1,315 $2,203.75 02000162. 220 W CONGRESS WEST CONGRESS OFFICE LLC $425,000 36,775 $1,044 $2,137 $3,180.15 02000163. 601 SHELBY 607 SHELBY DETROIT, LLC $600,000 57,152 $1,473 $3,320 $4,793.73 02000167. 151 W FORT TRIPLE PROPERTIES 151 LLC $913,920 91,392 $2,244 $5,310 $7,553.84 02000168. 201 W FORT COMERICA BANK $1,127,750 90,220 $2,769 $5,242 $8,010.81 02000173. 337 W FORT 333 LP LLC $2,252,712 160,908 $5,532 $9,348 $14,879.99 02000177. 455 W FORT 455 ASSOCIATES LLC $2,131,920 118,440 $5,235 $6,881 $12,116.07 02000178. 460 W FORT NASHWAN INVESTMENT PROPERTIES LLC $125,000 2,001 $307 $116 $423.19 02000179. 450 W FORT ANCHOR DEVELOPMENT & SECURITY $149,820 12,328 $368 $716 $1,084.12

02000184. 712 CASS DETROITCLUB ARTS&BANQUETCENTER LLC $186,150 37,230 $457 $2,163 $2,620.09

02000192. 719 GRISWOLD 719 GRISWOLD ASSOCIATION LLC $1,772,537 393,897 $4,352 $22,885 $27,237.20 02000196. 321 W LAFAYETTE DDI-321 WEST LAFAYETTE LLC $680,000 276,183 $1,670 $16,046 $17,715.50 02000200. 460 W LAFAYETTE AUBREY, JOSEPH & MICHAEL $493,694 0 $1,212 $0 $1,212.26

02000205. 240 W LAFAYETTE COBBLESTONE SQUARE DEVELOPMENT INC $98,488 1,164 $242 $68 $309.46

02000208. 200 W LAFAYETTE TRIPLE PROPERTIES 200 LLC $491,189 0 $1,206 $0 $1,206.11 02000224. 121 MICHIGAN AVE LAFAYETTE ENTERPRISES INC $63,135 3,360 $155 $195 $350.24 02000225. 125 MICHIGAN AVE SOREK INC-CHARLES KEROS TRUST $89,500 9,009 $220 $523 $743.17 02000227. 201 MICHIGAN AVE TRIPLE PROPERTIES 201, LLC. $2,647,495 29,814 $6,501 $1,732 $8,233.04 02000232. 305 MICHIGAN AVE GRB NEW DETROIT, LLC. $1,154,560 115,456 $2,835 $6,708 $9,542.81 02000233. 313 MICHIGAN AVE KOZNIACKI, JAMES F $74,247 6,637 $182 $386 $567.91

02000259.001 1114 WASHINGTON BLVD 1 CADILLAC DEVELOPMENT CO LLC $7,973,467 613,721 $19,579 $35,656 $55,234.92

02000268. 119 STATE WOODWARD BUILDING PLAZA INC $270,243 40,545 $664 $2,356 $3,019.18 02000279. 1030 WASHINGTON BLVD HIE DETROIT MORTGAGE CO. LLC $39,904 0 $98 $0 $97.98 02000284. 1242 WASHINGTON BLVD MAIDA, ADAM J $174,915 20,154 $430 $1,171 $1,600.42 02000285. 1258 WASHINGTON BLVD INDUSTRIAL STEVENS $76,263 62,107 $187 $3,608 $3,795.58 02000286. 232 W GRAND RIVER INDUSTRIAL STEVENS $40,856 150,139 $100 $8,723 $8,823.15 02000287. 1420 WASHINGTON BLVD JULIAN C MADISON BUILDING $399,454 71,600 $981 $4,160 $5,140.69 02000288. 1430 WASHINGTON BLVD JULIAN C MADISON BUILDING $113,305 0 $278 $0 $278.22 02000289. 1450 WASHINGTON BLVD MORTON L SCHOLNICK & ASSOC CO $81,710 0 $201 $0 $200.64 02000290. 1514 WASHINGTON BLVD CLARIDGE OWNER, LLC. A MI LIABILTY $425,000 87,000 $1,044 $5,055 $6,098.14 02000298. 1265 WASHINGTON BLVD AKNO ENTERPRISES MI BOOK TOWER LLC $310,826 248,759 $763 $14,452 $15,215.71 02000299. 1249 WASHINGTON BLVD AKNO ENTERPRISES MI BOOK TOWER LLC $363,174 241,189 $892 $14,013 $14,904.45 02000300. 1201 WASHINGTON BLVD AKNO ENTERPRISES MICHIGAN LTD LLC $173,335 30,500 $426 $1,772 $2,197.62 02000303.001 1101 WASHINGTON BLVD 1101 WASHINGTON LLC $150,000 71,840 $368 $4,174 $4,542.11 02000303.002 1039 WASHINGTON BLVD POTESTIVO & ABRAHAM $221,151 0 $543 $0 $543.03 02000303.003 1033 WASHINGTON BLVD ABRAHAM & POTESTIVO $106,877 0 $262 $0 $262.44 02000312. 1431 TIMES SQUARE FRENCH, WILFRED $65,151 1,932 $160 $112 $272.22 02000313. 1427 TIMES SQUARE FRENCH, WILFRED $40,419 2,156 $99 $125 $224.51 02000314. 1209 TIMES SQUARE ZORRO DEVELOPMENT LLC $284,499 0 $699 $0 $698.58 02000315. 139 BAGLEY BAGLEY ACQUISTION CORP $89,283 23,922 $219 $1,390 $1,609.06 02000322. 241 BAGLEY SHEHAN, JOSEPH L II $67,112 0 $165 $0 $164.79 02000323. 440 W GRAND RIVER SHEHAN, JOSEPH L II $64,087 0 $157 $0 $157.36 02000324.001 315 BAGLEY ZORRO DEVELOPMENT LLC $61,944 0 $152 $0 $152.10 02000325. 421 BAGLEY HDC PARTNERS LLC $250,000 0 $614 $0 $613.87 02000326. 220 BAGLEY BAGLEY ACQUISITION CORP $606,406 235,446 $1,489 $13,679 $15,168.04 02000327. 150 BAGLEY OLYMPIA DEVELOPMENT OF MI LLC $225,000 237,908 $552 $13,822 $14,374.54 02000328. 136 BAGLEY 136 BAGLEY, LLC $26,938 0 $66 $0 $66.15 02000332. 35 W GRAND RIVER DDI-35 WEST GRAND RIVER LLC $173,063 36,000 $425 $2,092 $2,516.49 02000333. 37 W GRAND RIVER AMD DEVELOPMENT LLC $132,589 12,000 $326 $697 $1,022.75 02000334. 1265 GRISWOLD 1265 GRISWOLD LLC $176,549 36,378 $434 $2,114 $2,547.01 02000335. 401 W GRAND RIVER MALIK, MUZAMMIL $68,637 5,979 $169 $347 $515.91 02000336. 441 W GRAND RIVER KAZELAS, V & SIOZOPOULOS, N $122,021 5,838 $300 $339 $638.80 02000337. 501 W GRAND RIVER WOODWARD PARKING COMPANY INC $47,500 0 $117 $0 $116.64 02000338. 511 W GRAND RIVER ZORRO DEVELOPMENT LLC $54,829 0 $135 $0 $134.63 02000339. 529 W GRAND RIVER SCHEMBRI, ANDREW $23,614 0 $58 $0 $57.98 02000347. 1957 W GRAND RIVER SYNDECO REALTY CORPORATION $39,469 0 $97 $0 $96.92 02000348. 1961 W GRAND RIVER SYNDECO REALTY CORPORATION $84,652 10,408 $208 $605 $812.55 02000355. 2142 W GRAND RIVER OLYMPIA DEVELOPMENT OF MI LLC $78,667 0 $193 $0 $193.17 02000356. 2100 W GRAND RIVER OLYMPIA DEVELOPMENT OF MI LLC $78,667 0 $193 $0 $193.17 02000357. 2030 W GRAND RIVER WEST GRAND RIVER LOFTS, LLC $25,567 0 $63 $0 $62.78 02000361. 1942 W GRAND RIVER NEWGAR LLC $582,000 14,550 $1,429 $845 $2,274.42 02000364. 400 W GRAND RIVER HISTORIC HOUSING INV GROUP $278,905 23,044 $685 $1,339 $2,023.67 02000369. 151 W ADAMS AVE 136 BAGLEY, LLC $179,583 0 $441 $0 $440.96 02000370.001 285 W ADAMS AVE OLYMPIA DEVELOPMENT OF MI LLC $375,200 0 $921 $0 $921.30 02000375. 228 W ADAMS AVE SHEHAN, JOSEPH L II $30,233 0 $74 $0 $74.24 02000378. 212 W ADAMS AVE SHEHAN, JOSEPH L II $44,450 0 $109 $0 $109.15 02000379. 204 W ADAMS AVE SHEHAN, JOSEPH L II $44,450 0 $109 $0 $109.15 02000382. 2001 PARK TRIANGLE MGT $193,163 101,565 $474 $5,901 $6,375.07 02000383. 76 W ADAMS AVE KALES BUILDING LLC $2,923,351 143,950 $7,178 $8,363 $15,541.51

4

02000386. 28 W ADAMS AVE 28 W. ADAMS LLC $663,434 149,058 $1,629 $8,660 $10,289.08 02000387. 18 W ADAMS AVE 18-24 WEST ADAMS LLC $244,805 17,476 $601 $1,015 $1,616.44 02000388. 10 W ADAMS AVE WELLINGTON COMMONS LC $869,290 72,717 $2,135 $4,225 $6,359.27 02000389. 25 W ELIZABETH 28 W. ADAMS LLC $1,083,752 137,017 $2,661 $7,960 $10,621.60 02000390. 44 W ADAMS AVE FINE ARTS PROPERTY, LLC $59,415 0 $146 $0 $145.89 02000391. 73 W ELIZABETH NEW DETROIT PROPERTIES LLC $276,933 21,600 $680 $1,255 $1,934.93 02000392. 2029 PARK SACHS, R $108,000 77,502 $265 $4,503 $4,767.93 02000393. 125 W ELIZABETH SACHS, R $79,096 0 $194 $0 $194.22 02000394. 145 W ELIZABETH ELIZABETH STREET PROPERTIES LLC $260,396 0 $639 $0 $639.40 02000395. 215 W ELIZABETH ELIZABETH STREET PROPERTIES LLC $50,833 0 $125 $0 $124.82 02000396. 223 W ELIZABETH SHEHAN, JOSEPH L II $39,221 0 $96 $0 $96.31 02000397. 231 W ELIZABETH MARTIN, GEORGE G $39,221 0 $96 $0 $96.31 02000398. 237 W ELIZABETH OLYMPIA DEVELOPMENT OF MI LLC $22,933 0 $56 $0 $56.31 02000399. 245 W ELIZABETH GLNJ PROPERTIES LLC $52,349 0 $129 $0 $128.54 02000402. 426 W ELIZABETH OLYMPIA DEVELOPMENT OF MI LLC $15,900 0 $39 $0 $39.04 02000403. 236 W ELIZABETH SUNRISE PARKING LLC $126,044 0 $309 $0 $309.50 02000404. 216 W ELIZABETH OLYMPIA DEVELOPMENT OF MI LLC $35,175 0 $86 $0 $86.37 02000405. 210 W ELIZABETH CALLEJA, PAUL D & JOHN & ROBERT $43,579 0 $107 $0 $107.01 02000406. 202 W ELIZABETH ELIZABETH STREET PROPERTIES LLC $52,763 0 $130 $0 $129.56 02000412. 122 W ELIZABETH SAUCEDO, ALFONSO & JESUS $63,789 11,420 $157 $663 $820.12 02000413. 100 W ELIZABETH OLYMPIA DEVELOPMENT OF MI LLC $38,775 0 $95 $0 $95.21 02000414. 2110 PARK WOMEN'S CITY CLUB LLC $376,850 75,370 $925 $4,379 $5,304.22 02000421. 81 W COLUMBIA BLENHEIM BUILDING, LLC $84,489 17,015 $207 $989 $1,196.00 02000422. 101 W COLUMBIA OLYMPIA DEVELOPMENT OF MI LLC $68,738 0 $169 $0 $168.79 02000426. 151 W COLUMBIA WARE, BARBARA & DUMAS, SUZON $39,221 0 $96 $0 $96.31 02000427. 161 W COLUMBIA JFR DETROIT PROPERTIES LLC $39,221 0 $96 $0 $96.31 02000428. 171 W COLUMBIA ALIBRI, FREDA $39,221 0 $96 $0 $96.31 02000431. 437 W COLUMBIA OLYMPIA DEVELOPMENT OF MI LLC $60,967 0 $150 $0 $149.70 02000432. 465 W COLUMBIA OLYMPIA DEVELOPMENT OF MI LLC $61,950 0 $152 $0 $152.12 02000434. 478 W COLUMBIA PIERCE, DOROTHY & NANCY $70,216 11,600 $172 $674 $846.36 02000435. 466 W COLUMBIA I AM SANCTUARY $53,924 0 $132 $0 $132.41 02000438. 436 W COLUMBIA CARPENTER, VIVIAN $89,010 6,650 $219 $386 $604.92 02000439. 2208 CASS DEMEIO, LLC. $194,527 3,278 $478 $190 $668.11 02000440. 200 W COLUMBIA ALIBRI, FREDA $122,480 0 $301 $0 $300.75 02000441. 168 W COLUMBIA OLYMPIA DEVELOPMENT OF MI LLC $107,602 0 $264 $0 $264.22 02000442. 138 W COLUMBIA OLYMPIA DEVELOPMENT OF MI LLC $100,181 0 $246 $0 $245.99 02000443. 124 W COLUMBIA SAUCEDO, J & A $41,563 0 $102 $0 $102.06 02000444. 118 W COLUMBIA BROWN, M $54,691 9,675 $134 $562 $696.39 02000447. 2210 PARK OLYMPIA ENTERTAINMENT INC $100,504 42,856 $247 $2,490 $2,736.65 02000453. 2233 PARK 2233 PARK AVE LLC $983,363 34,070 $2,415 $1,979 $4,394.05 02000455. 119 W MONTCALM KACHADOURIAN, DAN $41,509 0 $102 $0 $101.92 02000456. 127 W MONTCALM OLYMPIA DEVELOPMENT OF MI LLC $40,528 0 $100 $0 $99.52 02000457. 135 W MONTCALM MARTIN, GEORGE B $40,637 0 $100 $0 $99.78 02000464. 213 W MONTCALM OLYMPIA DEVELOPMENT OF MI LLC $123,000 0 $302 $0 $302.02 02000465. 200 W MONTCALM BMJ PROPERTIES LLC $37,000 0 $91 $0 $90.85 02000468. 120 W MONTCALM 120 W MONTCALM PROPERTIES LLC $179,583 0 $441 $0 $440.96 02000469. 2305 PARK HARRINGTON, WILBUR G $357,456 104,157 $878 $6,051 $6,929.08 02000470. 2310 PARK COLONY CLUB LLC $310,960 62,192 $764 $3,613 $4,376.81 02000486. 119 W FISHER OLYMPIA DEVELOPMENT OF MI LLC $113,167 0 $278 $0 $277.88 02000487.001 127 W FISHER HARRINGTON, W G $61,338 0 $151 $0 $150.61 02000488. 161 W FISHER OLYMPIA DEVELOPMENT OF MI LLC $113,167 0 $278 $0 $277.88 02000489. 169 W FISHER OLYMPIA DEVELOPMENT OF MI LLC $113,167 0 $278 $0 $277.88 02000490. 211 W FISHER OLYMPIA DEVELOPMENT OF MI LLC $136,988 0 $336 $0 $336.37 02000491. 219 W FISHER PEARSON, NARVELUS JR $57,796 0 $142 $0 $141.92 02000492. 405 W FISHER OLYMPIA DEVELOPMENT OF MI LLC $66,083 0 $162 $0 $162.27

02001861.001 2211 WOODWARD AVENUE 1 OLYMPIA ENTERTAINMENT INC $2,256,250 147,634 $5,540 $8,577 $14,117.48

02001861.002 2211 WOODWARD AVENUE 2 OLYMPIA OFFICE BUILDING, LLC $2,000,000 52,726 $4,911 $3,063 $7,974.27

02001864.001 2101 WOODWARD AVENUE PALMS STATE LLC $617,627 108,326 $1,517 $6,294 $7,810.14

02001865. 2047 WOODWARD AVENUE 28 W. ADAMS LLC $203,949 0 $501 $0 $500.79

02001867. 1553 WOODWARD AVENUE WHITNEY PARTNERS LLC $7,243,119 299,550 $17,785 $17,403 $35,188.75

02001868. 1545 WOODWARD AVENUE HIMMELHOCH APARTMENTS $120,406 129,897 $296 $7,547 $7,842.45

02001869. 1525 WOODWARD AVENUE SCHWARTZ ROSS INC $207,817 51,012 $510 $2,964 $3,474.00

02001870. 1515 WOODWARD AVENUE SCHWARTZ & ROSS $231,295 54,000 $568 $3,137 $3,705.25

02001871. 1505 WOODWARD AVENUE 1505 WEBWARD LLC $309,900 56,133 $761 $3,261 $4,022.19

02001872. 1449 WOODWARD AVENUE WOODWARD CLIFFORD BUILDING $216,860 54,000 $532 $3,137 $3,669.81

02001873. 1437 WOODWARD AVENUE KWAI LLC $0 47,040 $0 $2,733 $2,732.95

02001874. 1425 WOODWARD 1425 ASSOCIATES LLC $0 55,680 $0 $3,235 $3,234.92

5

AVENUE

02001877. 1403 WOODWARD AVENUE

WOODWARD GRAND REALTY COMPANY LLC $233,692 49,091 $574 $2,852 $3,425.93



02001882. 1247 WOODWARD AVENUE KWAI LLC $0 12,000 $0 $697 $697.18


02001884. 1225 WOODWARD AVENUE SEQUOIA 1225 WOODWARD LLC $248,018 55,466 $609 $3,222 $3,831.49

02001885.001 1219 WOODWARD AVENUE 1201 WEBWARD AVENUE LLC $69,290 7,500 $170 $436 $605.88

02001885.002 1217 WOODWARD AVENUE 1201 WEBWARD AVENUE LLC $69,290 7,500 $170 $436 $605.88


02001892. 1001 WOODWARD AVENUE 1001 WEBWARD LLC $1,872,365 374,473 $4,598 $21,756 $26,353.83

02001980. 30 CLIFFORD LOUIE'S HAM & CORNBEEF $62,209 2,316 $153 $135 $287.31 02001993. 1134 GRISWOLD 1134 GRISWOLD LLC $400,000 79,740 $982 $4,633 $5,614.96 02001994. 1150 GRISWOLD DDI-1150 GRISWOLD LLC $618,039 209,410 $1,518 $12,166 $13,683.96 02001996. 1214 GRISWOLD 1214 GRISWOLD APARTMENTS LLC $91,515 168,000 $225 $9,761 $9,985.23 02001997. 1250 GRISWOLD NORTH AMERICAN INVESTMENT $107,477 12,039 $264 $699 $963.35 02001998. 1254 GRISWOLD AUBREY, LOUIS & JOSEPHINE $69,236 0 $170 $0 $170.01 02001999. 1260 GRISWOLD AUBREY JOINT TRUST $133,297 0 $327 $0 $327.31 02002000. 1416 GRISWOLD GRISWOLD MGT LLC $84,815 5,511 $208 $320 $528.44 02002001. 1428 GRISWOLD 1428 GRISWOLD STREET LLC $138,472 0 $340 $0 $340.02 02002003. 1439 GRISWOLD MONGO, LARRY J $23,151 1,740 $57 $101 $157.94 02002004. 1437 GRISWOLD TAXPAYER/OCCUPANT $24,186 1,886 $59 $110 $168.96 02002005. 1405 GRISWOLD CAPITOL PARK DECK LLC $196,227 48,633 $482 $2,825 $3,307.33 02002007. 1227 GRISWOLD 150 MICHIGAN AVENUE LLC $117,826 0 $289 $0 $289.32 02002008. 1215 GRISWOLD 1215 GRISWOLD LLC $134,767 0 $331 $0 $330.92 02002009. 1211 GRISWOLD HAGOPIAN, PAUL $47,719 17,760 $117 $1,032 $1,149.00 02002010. 1201 GRISWOLD CDS PROPERTIES LTD $60,275 4,822 $148 $280 $428.15 02002011. 1133 GRISWOLD 1133 GRISWOLD LLC $134,332 18,982 $330 $1,103 $1,432.67 02002012. 751 GRISWOLD 751 GRISWOLD DETROIT, LLC $326,184 27,182 $801 $1,579 $2,380.17 02002013. 735 GRISWOLD GRISWOLD HOLDINGS, LLC $1,001,510 36,034 $2,459 $2,094 $4,552.71 02002014. 657 GRISWOLD TRIPLE PROPERTIES DETROIT LLC $3,250,000 1,193,427 $7,980 $69,336 $77,316.45 02002015. 615 GRISWOLD FORD BUILDING, INC $2,094,448 261,806 $5,143 $15,210 $20,353.38 02002016. 535 GRISWOLD BUHL BUILDING LLC $5,125,362 526,867 $12,585 $30,610 $43,195.36 02002042. 1200 CASS ABRAHAM, POTESTIVO $130,737 3,181 $321 $185 $505.83 02002043. 2130 CASS OLYMPIA DEVELOPMENT OF MI LLC $96,731 0 $238 $0 $237.52 02002044. 2214 CASS KOSTOFF, DONE $29,627 0 $73 $0 $72.75 02002045. 2224 CASS ATTS & L INC $46,521 0 $114 $0 $114.23 02002046. 229 W MONTCALM OLYMPIA DEVELOPMENT OF MI LLC $26,855 0 $66 $0 $65.94 02002281. 2325 CASS OLYMPIA DEVELOPMENT OF MI LLC $159,548 0 $392 $0 $391.77 02002285. 2211 CASS OLYMPIA DEVELOPMENT OF MI LLC $34,417 0 $85 $0 $84.51 02002286. 2203 CASS OLYMPIA DEVELOPMENT OF MI LLC $34,417 0 $85 $0 $84.51 02002289. 2121 CASS OLYMPIA DEVELOPMENT OF MI LLC $34,417 0 $85 $0 $84.51 02002290. 2115 CASS MOOSE BUILDING LLC $95,000 59,799 $233 $3,474 $3,707.49 02002321. 1918 FIRST SYNDECO REALTY CORPORATION $120,115 10,884 $295 $632 $927.28 02002322. 1926 FIRST SYNDECO REALTY CORPORATION $39,166 3,546 $96 $206 $302.19 03000001.001 580 E JEFFERSON RIVERFRONT HOLDINGS INC $926,051 0 $2,274 $0 $2,273.91 03000001.003 200 BEAUBIEN PORT ATWATER PARKING $5,500,000 325,458 $13,505 $18,909 $32,413.75 03000002. 586 E JEFFERSON RIVERFRONT HOLDINGS INC $483,553 0 $1,187 $0 $1,187.36 03000010. 621 FRANKLIN RIVERFRONT HOLDINGS INC $2,596,750 196,084 $6,376 $11,392 $17,768.44 03000011.001 672 E WOODBRIDGE RD WOODBRIDGE LLC $341,604 9,828 $839 $571 $1,409.79 03000012. 689 FRANKLIN ABRAHAM, AZIZ N $758,491 0 $1,862 $0 $1,862.47 03000032. 525 E JEFFERSON JEFFERSON LAND INC $218,221 5,400 $536 $314 $849.57 03000033. 535 E JEFFERSON JEFFERSON LAND INC $188,588 0 $463 $0 $463.08 03000036. 553 E JEFFERSON MICH SOCIETY OF ARCHITECTS $219,638 5,080 $539 $295 $834.46 03000040. 577 E JEFFERSON BLUE SPRUCE ENTITIES LLC $90,955 0 $223 $0 $223.34 03000041. 581 E JEFFERSON JEFFERSON LAND INC $208,361 1,526 $512 $89 $600.29 03000045. 711 E JEFFERSON SPEEDWAY SUPERAMERICA LLC $870,978 2,523 $2,139 $147 $2,285.26 03000046. 580 E LARNED JEFFERSON LAND INC $131,772 180 $324 $10 $334.02 03000051. 542 E LARNED 546 MANGEMENT GROUP LLC $163,530 3,312 $402 $192 $593.97 03000056. 514 E LARNED 514 EAST LARNED ASSOCIATES LLC $69,890 0 $172 $0 $171.61 03000060. 523 E LARNED 514 EAST LARNED ASSOCIATES LLC $209,614 0 $515 $0 $514.70 03000061. 535 E LARNED 514 EAST LARNED ASSOCIATES LLC $104,099 3,000 $256 $174 $429.91 03000062. 541 E LARNED 541 E LARNED LLC $175,000 13,680 $430 $795 $1,224.50 03000063. 565 E LARNED BRICKTOWN PROPERTIES INC $851,695 29,880 $2,091 $1,736 $3,827.30 03000087. 538 E CONGRESS 538 EAST CONGRESS LLC $143,424 0 $352 $0 $352.18 03000088. 526 E CONGRESS ALK CONGRESS PARKING, LLC $121,639 0 $299 $0 $298.68 03000089. 524 E CONGRESS ALK CONGRESS PARKING, LLC $89,718 0 $220 $0 $220.30 03000189. 570 MONROE GREEKTOWN CASINO LLC $179,218 94 $440 $5 $445.53

6

03000192. 508 MONROE GREEKTOWN CASINO LLC $5,250,000 206,460 $12,891 $11,995 $24,886.29 03000193.001 501 MONROE TRAPPERS PROPERTIES LLC $345,580 5,888 $849 $342 $1,190.65 03000194. 525 MONROE DIONISOPOULOS, N & V $328,476 5,565 $807 $323 $1,129.89 03000195. 535 MONROE ALTOM, LLC $186,681 2,104 $458 $122 $580.63 03000196. 541 MONROE TEFTIS, ANESTIS $245,349 2,519 $602 $146 $748.80 03000197. 547 MONROE PADA ASSOCIATES $397,845 3,789 $977 $220 $1,197.04 03000198. 551 MONROE THEODORE S ANDRIS & ELAINE K TRUST $520,931 5,250 $1,279 $305 $1,584.16 03000199. 561 MONROE ZISSIS, GUST $169,032 1,530 $415 $89 $503.95 03000200. 569 MONROE GREEKTOWN CASINO LLC $131,550 2,541 $323 $148 $470.65 03000201. 571 MONROE GREEKTOWN PROPERTIES LLC $303,911 1,680 $746 $98 $843.85 03000202. 579 MONROE ATHER BUTRIS PROPERTIES, LLC $174,743 2,324 $429 $135 $564.10 03000203. 583 MONROE PORTO LLC $263,100 0 $646 $0 $646.04 03000289. 501 GRATIOT ABRAHAM, AZIZ N $149,803 0 $368 $0 $367.84 03000290. 517 GRATIOT ABRAHAM, AZIZ N & LORNA L $253,412 0 $622 $0 $622.25 03000291. 529 GRATIOT ABRAHAM, POTESTIVO $335,775 0 $824 $0 $824.49 04000088. 615 SECOND DETROIT LEGAL NEWS $769,494 15,300 $1,889 $889 $2,778.39 04000101. 601 W FORT 601 FORT ASSOCIATES LLC $585,701 40,732 $1,438 $2,366 $3,804.64 04000113. 615 W LAFAYETTE DETROIT NEWSPAPER AGENCY $3,001,040 365,039 $7,369 $21,208 $28,577.17 04000116. 550 W FORT FORT SHELBY RESIDENTIAL LLC $244,532 35,952 $600 $2,089 $2,689.20 04000117. 500 W FORT FORT SHELBY RESIDENTIAL LLC $213,199 0 $524 $0 $523.51 04000118.004 525 W LAFAYETTE FORT SHELBY RESIDENTIAL LLC $3,658,838 246,017 $8,984 $14,293 $23,277.41 04000118.005 525 W LAFAYETTE FORT SHELBY RESIDENTIAL LLC $171,500 97,488 $421 $5,664 $6,085.01 04000119. 541 W LAFAYETTE SHEHAN, JOSEPH L II $193,218 0 $474 $0 $474.44 04000180.001 515 HOWARD POST NEWSWEEK STATION $494,839 80,663 $1,215 $4,686 $5,901.46 04000181. 650 HOWARD DTE ELECTRIC COMPANY $414,544 20,531 $1,018 $1,193 $2,210.72 04000203. 601 ABBOTT ST 601 ABBOTT, LLC. $125,398 4,476 $308 $260 $567.96 04000241. 1320 THIRD GTE SPRINT COMMUNICATIONS $0 35,988 $0 $2,091 $2,090.84 04000340. 640 MICHIGAN AVE DTE ELECTRIC COMPANY $331,724 0 $815 $0 $814.54 04003194. 2000 SECOND DTE ELECTRIC COMPANY $3,610,838 327,529 $8,866 $19,029 $27,895.26 04003341. 624 THIRD ALCORA INC $69,890 1,932 $172 $112 $283.86 05000018. 1018 FRANKLIN RIVERFRONT HOLDINGS INC $90,698 0 $223 $0 $222.71 06000001.001 931 W JEFFERSON RIVERFRONT TOWERS HOLDINGS LLC $9,500,000 581,120 $23,327 $33,762 $57,089.24 06000001.002 951 W JEFFERSON RIVERFRONT TOWERS HOLDINGS LLC $1,000,000 24,504 $2,455 $1,424 $3,879.13 01000002-3 300 E ATWATER RIVERFRONT HOLDINGS INC $1,650,115 0 $4,052 $0 $4,051.84 01000004.002L 159 RANDOLPH CENTER PARKING ASSOC $6,375,000 382,470 $15,654 $22,221 $37,874.60 01000007.004L 200 RANDOLPH DETROIT WINDSOR TUNNEL CORP $8,172 0 $20 $0 $20.07 01000088-109 415 E JEFFERSON BLUE CROSS/BLUE SHIELD OF MICH $4,333,013 396,121 $10,640 $23,014 $33,653.63 01000110-7 401 E LARNED FOUR ZERO ONE ASSOC LLC $517,390 0 $1,270 $0 $1,270.44 01000118-9 433 E LARNED 441 E LARNED LLC $263,538 0 $647 $0 $647.11 01000120-1 441 E LARNED 441 E LARNED LLC $311,454 0 $765 $0 $764.77 01000123-4 410 E CONGRESS DETROIT LEGAL NEWS $645,731 0 $1,586 $0 $1,585.58 01000125-35 400 E CONGRESS HOPP, DAVID E $147,079 8,096 $361 $470 $831.51 01000142-3 449 E CONGRESS MANSOOR'S PARKING INC $326,079 0 $801 $0 $800.68 01000150-1 419 E FORT GREEKTOWN CASINO LLC $2,800,000 205,863 $6,875 $11,960 $18,835.66 01000154-5 400 E LAFAYETTE GREEKTOWN CASINO LLC $625,085 0 $1,535 $0 $1,534.89 01000156-7 1000 BRUSH ATHENEUM HOTEL CORP $1,994,000 196,081 $4,896 $11,392 $16,288.22 01000159-60 400 MONROE 400 MONROE LTD PARTNERSHIP $3,307,500 317,745 $8,122 $18,460 $26,581.98 01000167-9 100 MONROE NATIONAL THEATRE LLC $106,811 0 $262 $0 $262.27 01000189-90 401 MONROE POZEN, ROBERT C REVOCABLE TRUST $437,696 0 $1,075 $0 $1,074.76 01000199-202 422 MACOMB POZEN, ROBERT (REVOCABLE TRUST OF) $406,373 0 $998 $0 $997.84 01000209-10 421 MACOMB TREMONTI, NORMAN $149,693 0 $368 $0 $367.57 01000212-4 441 MACOMB PF INVESTMENTS, LLC $308,230 0 $757 $0 $756.86 01000226-31 65 CADILLAC SQUARE DTWR LLC $1,600,000 423,630 $3,929 $24,612 $28,540.98 01000233-5 131 CADILLAC SQ PECCHIA, GERARDO $328,858 0 $808 $0 $807.51 01000237-8 1401 BEAUBIEN 1401 COMPANY $346,239 10,096 $850 $587 $1,436.75 01000240.002L 338 GRATIOT FREEDMAN, PAUL $62,155 0 $153 $0 $152.62 01000241-5 316 GRATIOT FREEDMAN, PAUL $24,350 0 $60 $0 $59.79 01000249-52 1425 BRUSH DHG ASSOCIATES $4,455,000 118,866 $10,939 $6,906 $17,845.11 01000253-4 405 GRATIOT MHT FAMILY PROPERTIES IV LLC $403,649 0 $991 $0 $991.16 01000259-66 440 MADISON FERRIS PROPERTIES LLC $1,255,726 0 $3,083 $0 $3,083.42 01000267.002L 300 MADISON MADISON RANDOLPH ASSOC $439,657 0 $1,080 $0 $1,079.57 01000268.004L 200 MADISON OLYMPIA DEVELOPMENT OF MI LLC $92,050 0 $226 $0 $226.03 01000281-6 300 E ADAMS AVE ELWOOD GRILL LLC $152,581 1,819 $375 $106 $480.34 01000287-90 100 E ADAMS AVE OLYMPIA DEVELOPMENT OF MI LLC $463,138 0 $1,137 $0 $1,137.23 01000295-338 28 E ELIZABETH CENTRAL UN METH CHURCH $279,504 0 $686 $0 $686.32 01000522-56 50 E FISHER ST JOHNS EPISCOPAL CHURCH $576,985 14,175 $1,417 $824 $2,240.32 01003772-7 1481 BEAUBIEN AUBREY, MICHAEL $68,964 3,133 $169 $182 $351.36 01003778-80 511 BEAUBIEN MUCCIOLI FAMILY LLC $105,570 5,116 $259 $297 $556.46 01003783-97 1452 BRUSH BRUSH 1466 VENTURE LLC $208,148 0 $511 $0 $511.10 01003890-2 1901 BRUSH GEM GARAGE LLC $1,650,000 105,152 $4,052 $6,109 $10,160.71 01003893-900 333 MADISON GEM CENTURY LLC $550,000 17,363 $1,351 $1,009 $2,359.28 01003901-5 333 E JEFFERSON RIVERFRONT HOLDINGS INC $5,058,518 0 $12,421 $0 $12,421.13 01003917-8 600 RANDOLPH WAYNE COUNTY BUILDING $2,350,000 234,566 $5,770 $13,628 $19,398.29 01003919-22 700 RANDOLPH MILLER PARKING CO $3,750,889 0 $9,210 $0 $9,210.26 01003924-5 1200 RANDOLPH PARKRITE HOLDINGS LLC $143,748 0 $353 $0 $352.97 01003929-30 1228 RANDOLPH SERMAN REAL ESTATE INC $172,627 17,666 $424 $1,026 $1,450.25 01003933-4 1400 RANDOLPH POZEN, ROBERT (REVOCABLE TRUST OF) $221,435 0 $544 $0 $543.73 01003951-4 1231 RANDOLPH STONE, JACK L $84,815 2,024 $208 $118 $325.85

7

01003958-61 815 BATES 1000 FARMER STREET LLC $113,050 22,610 $278 $1,314 $1,591.20 01003985-7 1401 FARMER FARMER STREET DEVELOPMENT, LLC. $231,840 11,784 $569 $685 $1,253.91 01003988-91 939 FARMER CITY OF DETROIT-P&DD $246,711 0 $606 $0 $605.80 01003994-8 1234 LIBRARY 1234 LIBRARY LLC $469,248 0 $1,152 $0 $1,152.23 01004012-5 20 WITHERELL MADISON THEATRE BUILDING LLC $510,060 25,503 $1,252 $1,482 $2,734.13 01004016-8 1545 BROADWAY MADISON THEATRE BUILDING LLC $229,715 0 $564 $0 $564.06 01004031-2 1327 BROADWAY 1234 LIBRARY LLC $722,100 10,831 $1,773 $629 $2,402.37 01004039-40 1241 BROADWAY PDD- THE BROADWAY $157,265 3,936 $386 $229 $614.84 01004043-9 1526 CENTRE ASHLEY OWNER LLC $373,363 63,900 $917 $3,712 $4,629.27 01004062-4 327 JOHN R OLYMPIA DEVELOPMENT OF MI LLC $60,190 0 $148 $0 $147.80 01004087-96 500 WOODWARD AVENUE 500 WOODWARD LLC $31,114,038 1,457,355 $76,400 $84,670 $150,000.00 01004102-3 620 WOODWARD AVENUE 620 WEBWARD BUILDING LLC $243,224 16,000 $597 $930 $1,526.81

01004106-9 1000 WOODWARD AVENUE KERN CROWLEY LAND VENTURE LLC $9,439,841 1,002,500 $23,179 $58,244 $81,422.99

01004120-1 1400 WOODWARD AVENUE 1400 WEBWARD AVENUE LLC $251,614 60,000 $618 $3,486 $4,103.73

01004133-4 1540 WOODWARD AVENUE ABRAHAM & POTESTIVO, LLC $154,869 4,471 $380 $260 $640.04

01004135-6 1550 WOODWARD AVENUE 1550 WEBWARD AVENUE LLC $202,600 4,052 $497 $235 $732.90

02000090-4 2 WASHINGTON BLVD OPERADORA DE SERVICIOS PARA HOTELES $4,000,000 307,853 $9,822 $17,886 $27,707.70

02000095-118 150 W JEFFERSON PIEDMONT OPERATING PARTNERSHIP LP $18,946,000 732,465 $46,522 $42,555 $89,076.67 02000142-3 151 W CONGRESS MURPHY-TELEGRAPH BLDG CO $1,651,297 140,934 $4,055 $8,188 $12,242.77 02000146-52 243 W CONGRESS MARQUETTE BLDG REDEV $800,000 199,190 $1,964 $11,573 $13,537.00 02000164-6 126 W CONGRESS F B PARKING ASSOC $606,214 0 $1,489 $0 $1,488.55 02000169-70 211 W FORT 300 211 FORT WASHINGTON ASSOCIATES $10,000,000 567,202 $24,555 $32,953 $57,508.37 02000171-2 333 W FORT 333 LP LLC $2,330,000 117,024 $5,721 $6,799 $12,520.19 02000174-6 421 W FORT 455 ASSOCIATES LLC $1,020,126 0 $2,505 $0 $2,504.91 02000180-2 408 W FORT POZEN, ROBERT C REVOCABLE TRUST $556,092 0 $1,365 $0 $1,365.48 02000185-6 300 W FORT FREE PRESS HOLDINGS LLC $320,000 12,602 $786 $732 $1,517.91 02000188-91 160 W FORT 160 W FORT LLC. $625,000 152,605 $1,535 $8,866 $10,400.78 02000193-5 730 SHELBY 719 GRISWOLD ASSOCIATES LLC $3,752,000 281,032 $9,213 $16,327 $25,540.48 02000197-9 411 W LAFAYETTE COMERICA BANK $5,500,000 551,839 $13,505 $32,061 $45,566.11 02000201-2 1009 CASS SALFA LLC $560,479 168,080 $1,376 $9,765 $11,141.42 02000203-4 320 W LAFAYETTE ABRAHAM, NICK & LORNA $701,620 485 $1,723 $28 $1,751.00 02000206-7 228 W LAFAYETTE 238 LAFAYETTE LLC $396,731 0 $974 $0 $974.17 02000209-21 431 HOWARD DETROIT DEA ASSOCIATES LLC $2,510,442 76,074 $6,164 $4,420 $10,584.13 02000222-3 111 MICHIGAN AVE KEROS, CHARLES J $119,515 4,106 $293 $239 $532.02 02000228-31 231 MICHIGAN AVE HIE DETROIT MORTGAGE CO. LLC $2,536,200 185,042 $6,228 $10,751 $16,978.24 02000234-5 317 MICHIGAN AVE ABRAHAM & POTESTIVO $101,812 9,750 $250 $566 $816.46 02000264-6 100 MICHIGAN AVE FIRST INDEPENDENCE NATIONAL BANK $305,000 12,894 $749 $749 $1,498.04 02000277-8 429 PLAZA DRIVE SCHLUSSEL, MURRAY $169,087 0 $415 $0 $415.19 02000280-1 1200 WASHINGTON BLVD WASHINGTON BLVD LDHA $224,867 127,995 $552 $7,436 $7,988.45 02000294-7 1409 WASHINGTON BLVD TROLLEY PLAZA GARAGE LLC $723,464 248,188 $1,776 $14,419 $16,195.77 02000301-2 1119 WASHINGTON BLVD PARK-RITE, INC. $167,669 0 $412 $0 $411.71 02000324.002L 339 BAGLEY ZORRO DEVELOPMENT LLC $136,192 0 $334 $0 $334.42 02000329-31 501 PARK OLYMPIA DEVELOPMENT OF MI LLC $377,125 0 $926 $0 $926.03 02000340-6 1901 W GRAND RIVER SYNDECO REALTY CORPORATION $221,040 0 $543 $0 $542.76 02000349-52 1971 W GRAND RIVER DTE ELECTRIC COMPANY $24,350 0 $60 $0 $59.79 02000353-4 2154 W GRAND RIVER OLYMPIA DEVELOPMENT OF MI LLC $78,667 0 $193 $0 $193.17 02000358-60 2000 W GRAND RIVER OLYMPIA DEVELOPMENT OF MI LLC $59,983 0 $147 $0 $147.29 02000362-3 514 W GRAND RIVER BAGLEY ACQUISITION CORP $194,526 0 $478 $0 $477.66 02000365-8 28 W GRAND RIVER HARMONIE PARK INC $167,615 0 $412 $0 $411.58 02000370.002L 1922 CASS OLYMPIA DEVELOPMENT OF MI LLC $275,000 92,538 $675 $5,376 $6,051.56 02000371-2 248 W ADAMS AVE SHEHAN, JOSEPH L II $29,688 0 $73 $0 $72.90 02000373-4 240 W ADAMS AVE ELIZABETH STREET PROPERTIES LLC $50,833 0 $125 $0 $124.82 02000376-7 220 W ADAMS AVE SHEHAN, JOSEPH L II $59,050 0 $145 $0 $145.00 02000380-1 114 W ADAMS AVE PARK ON ADAMS, LLC $441,018 95,130 $1,083 $5,527 $6,609.81 02000384-5 48 W ADAMS AVE OLYMPIA ENTERTAINMENT INC $92,460 52,489 $227 $3,050 $3,276.56 02000400-1 401 W ELIZABETH OLYMPIA DEVELOPMENT OF MI LLC $37,367 0 $92 $0 $91.75 02000407-11 142 W ELIZABETH ALIBRI, FREDA $275,092 0 $675 $0 $675.49 02000415-20 54 W ELIZABETH FORBES, CHARLES A $103,173 17,056 $253 $991 $1,244.27 02000423-5 117 W COLUMBIA OLYMPIA DEVELOPMENT OF MI LLC $68,738 0 $169 $0 $168.79 02000429-30 215 W COLUMBIA ELIZABETH STREET PROPERTIES LLC $114,319 0 $281 $0 $280.71 02000436-7 454 W COLUMBIA PRIME PARKING LLC $155,904 0 $383 $0 $382.82 02000445-6 100 W COLUMBIA OLYMPIA DEVELOPMENT OF MI LLC $89,050 0 $219 $0 $218.66 02000448-9 66 W COLUMBIA OLYMPIA ENTERTAINMENT INC $91,476 0 $225 $0 $224.62 02000450-2 67 W MONTCALM OLYMPIA ENTERTAINMENT INC $134,124 0 $329 $0 $329.34 02000458-61 143 W MONTCALM OLYMPIA DEVELOPMENT OF MI LLC $204,073 0 $501 $0 $501.10 02000462-3 201 W MONTCALM OLYMPIA DEVELOPMENT OF MI LLC $123,000 0 $302 $0 $302.02 02000466-7 146 W MONTCALM OLYMPIA DEVELOPMENT OF MI LLC $164,129 0 $403 $0 $403.02 02000471-75 2260 PARK CHARLES A FORBES $52,000 0 $128 $0 $127.69 02000476-83 28 W MONTCALM FOX PARKING GARAGE, LLC $3,259,832 700,974 $8,004 $40,725 $48,729.90 02000484-5 2323 PARK OLYMPIA DEVELOPMENT OF MI LLC $113,167 0 $278 $0 $277.88 02000487.002L 147 W FISHER OLYMPIA DEVELOPMENT OF MI LLC $113,167 0 $278 $0 $277.88 02000493-8 421 W FISHER OLYMPIA DEVELOPMENT OF MI LLC $61,383 0 $151 $0 $150.73 02001857-8 2305 WOODWARD OLYMPIA ENTERTAINMENT INC $293,940 0 $722 $0 $721.77

8

AVENUE

02001859-60 2301 WOODWARD AVENUE OLYMPIA ENTERTAINMENT INC $1,918,942 42,435 $4,712 $2,465 $7,177.34

02001861.003L 2211 WOODWARD AVENUE 3 OLYMPIA ENTERTAINMENT INC $300,000 10,545 $737 $613 $1,349.29

02001862-3 2125 WOODWARD AVENUE COLUMBIA PARKING LLC $908,267 0 $2,230 $0 $2,230.24

02001864.002L 2115 WOODWARD AVENUE PALMS STATE LLC $997,085 17,050 $2,448 $991 $3,438.91

02001878-9 1275 WOODWARD AVENUE KWAI LLC $0 66,000 $0 $3,834 $3,834.49

02001885.003L 1213 WOODWARD AVENUE 1201 WEBWARD AVENUE LLC $138,527 15,000 $340 $871 $1,211.63

02001887-91 1075 WOODWARD AVENUE 1001 WEBWARD LLC $3,975,000 286,800 $9,761 $16,663 $26,423.17

02001893.002L 777 WOODWARD AVENUE KENNEDY SQUARE OFFICE BUILDING LLC $10,818,000 240,400 $26,563 $13,967 $40,530.31 02001894-9 611 WOODWARD AVENUE 611 WEBWARD AVENUE LLC $3,750,000 583,275 $9,208 $33,887 $43,095.38 02001910-5 1 WOODWARD AVENUE ONE WEBWARD AVENUE LLC $4,925,406 485,957 $12,094 $28,233 $40,327.56 02001990-2 500 GRISWOLD CHARTER COUNTY OF WAYNE $1,003,671 643,379 $2,465 $37,379 $39,843.75 02002017-8 525 GRISWOLD BUHL BUILDING LLC $3,520,000 222,804 $8,643 $12,945 $21,587.86 02002027-38 625 SHELBY SHERLOCK ENTERPRISES LLC $589,077 15,970 $1,446 $928 $2,374.30 02002039-41 1032 CASS ABRAHAM & POTESTIVO $293,613 0 $721 $0 $720.96 02002047-8 2310 CASS A T T S & L INC $212,174 83,593 $521 $4,857 $5,377.60 02002282-4 2301 CASS OLYMPIA DEVELOPMENT OF MI LLC $155,838 0 $383 $0 $382.66 02002287-8 2171 CASS OLYMPIA DEVELOPMENT OF MI LLC $34,417 0 $85 $0 $84.51 02002291-2 1731 CASS ZORRO DEVELOPMENT LLC $135,748 0 $333 $0 $333.33 02002293-6 400 BAGLEY LELAND HOUSE $817,104 392,971 $2,006 $22,831 $24,837.35 02002297-9 444 MICHIGAN AVE MICHIGAN BELL TELEPHONE CO $0 0 $0 $0 $0.00 02002300-16 1700 FIRST SHLUSSEL REILLY INC $126,215 0 $310 $0 $309.92 02002317-20 1750 FIRST SCHLUSSEL REILLY INC $170,898 0 $420 $0 $419.64 02002323-5 1961 FIRST SYNDECO REALTY CORPORATION $43,306 2,884 $106 $168 $273.89 03000001.002A 590 E JEFFERSON RIVERFRONT HOLDINGS INC $7,174,420 480,981 $17,617 $27,944 $45,560.89 03000001.002B 582 E JEFFERSON RIVERFRONT HOLDINGS INC $7,174,420 480,981 $17,617 $27,944 $45,560.89 03000001.004L 584 E JEFFERSON RIVERFRONT HOLDINGS INC $4,887,500 462,198 $12,001 $26,853 $38,854.13 03000003-7 665 E ATWATER RIVERFRONT HOLDINGS INC $2,137,750 0 $5,249 $0 $5,249.22 03000008-9 600 E WOODBRIDGE SPS-WOODBRIDGE COMPANY LLC $1,340,432 42,025 $3,291 $2,442 $5,733.00 03000011.002L 673 FRANKLIN RD FRANKLIN LLC $212,665 7,332 $522 $426 $948.17 03000013-28 626 E WOODBRIDGE DETROIT RACQUET CLUB $189,023 15,189 $464 $882 $1,346.60 03000030-1 519 E JEFFERSON JEFFERSON LAND INC $262,781 5,345 $645 $311 $955.79 03000034-5 547 E JEFFERSON 547 EAST JEFFERSON ASSOCIATES, LLC $300,000 11,774 $737 $684 $1,420.70 03000037-9 557 E JEFFERSON 557 EAST JEFFERSON LLC $300,000 11,300 $737 $657 $1,393.16 03000047-50 550 E LARNED BRICKTOWN PROPERTIES INC $360,810 0 $886 $0 $885.96 03000052-3 526 E LARNED 514 EAST LARNED ASSOCIATES LLC $135,040 0 $332 $0 $331.59 03000054-5 520 E LARNED 520 EAST LARNED ASSOCIATES LLC $209,178 0 $514 $0 $513.63 03000083-6 530 E CONGRESS DTE ELECTRIC COMPANY $1,250,060 31,536 $3,070 $1,832 $4,901.70 03000090-9 518 E CONGRESS ALK CONGRESS PARKING, LLC $219,855 0 $540 $0 $539.85 03000100-63 600 E LAFAYETTE BLUE CROSS/BLUE SHIELD OF MICH $22,677,263 1,626,901 $55,684 $94,520 $150,000.00 03000165-73 555 E LAFAYETTE GREEKTOWN CASINO LLC $15,920,935 160,042 $39,094 $9,298 $48,391.83 03000174-86 707 E LAFAYETTE ANNUNCIATION CATHEDRAL $1,221,135 0 $2,998 $0 $2,998.48 03000190-1 562 MONROE GREEKTOWN CASINO LLC $431,213 3,093 $1,059 $180 $1,238.54 03000193.002L 515 MONROE TRAPPERS PROPERTIES LLC $140,052 2,147 $344 $125 $468.63 03000204-28 1200 ST ANTOINE GREEKTOWN CASINO LLC $25,875,000 112,967 $63,536 $6,563 $70,098.94 03000229-37 500 MACOMB GREEKTOWN CASINO LLC $4,672,749 50,025 $11,474 $2,906 $14,380.25 03000292-9 561 GRATIOT ZORRO DEVELOPMENT LLC $401,852 0 $987 $0 $986.74 03003090-3 1000 ST ANTOINE ST MARYS CHURCH $1,346,206 36,153 $3,306 $2,100 $5,406.02 03003095-109 1900 ST ANTOINE MADISON OFFICE ASSOCIATES LLC $544,425 114,675 $1,337 $6,662 $7,999.25 03003403-6 1041 ST ANTOINE GREEKTOWN CASINO LLC $101,048 32,834 $248 $1,908 $2,155.72 03003407-15 733 ST ANTOINE BLUE CROSS BLUE SHIELD OF MI $570,000 21,955 $1,400 $1,276 $2,675.18 03003416-9 1214 BEAUBIEN TRAPPERS PROPERTIES LLC $158,355 7,966 $389 $463 $851.65 03003420-1 535 MADISON DETROIT THERMAL LLC $0 40,000 $0 $2,324 $2,323.93 03003420-421A 509 MADISON DTE ELECTRIC COMPANY $433,192 0 $1,064 $0 $1,063.70 03003420-421B 535 MADISON

$342,714 0 $842 $0 $841.53

04000020-40 701 W JEFFERSON RIVERFRONT ASSOCIATES $2,485,032 62 $6,102 $4 $6,105.57 04000041-63 801 W JEFFERSON RIVERFRONT TOWERS HOLDINGS LLC $9,500,000 361,000 $23,327 $20,973 $44,300.63 04000089-96 621 FIRST CHARTER COUNTY OF WAYNE $3,147,925 506,670 $7,730 $29,437 $37,166.37 04000097-100 541 W FORT ABRAHAM, AZIZ N & LORNA L $491,788 0 $1,208 $0 $1,207.58 04000108-12 800 W FORT DETROIT NEWSPAPER AGENCY $504,371 39,000 $1,238 $2,266 $3,504.31 04000114-5 536 W FORT FORT STREET PRESBYTERIAN CHURCH $266,864 0 $655 $0 $655.28 04000120-1 801 W LAFAYETTE DETROIT NEWSPAPER AGENCY $780,498 110,895 $1,917 $6,443 $8,359.32 04000128-33 840 W LAFAYETTE DETROIT NEWSPAPER AGENCY $1,005,637 0 $2,469 $0 $2,469.33 04000134-67 600 W LAFAYETTE MICHIGAN AFSCME COUNCIL #25 $1,256,324 72,074 $3,085 $4,187 $7,272.27 04000168-79 550 W LAFAYETTE POST NEWSWEEK STATIONS INC $4,241,642 75,500 $10,415 $4,386 $14,801.72 04000180.002L 659 HOWARD MICHIGAN COUNCIL 25 AFSCME $355,658 30,000 $873 $1,743 $2,616.26 04000182-5 630 HOWARD COMMUNICATING ARTS CREDIT UNION $300,695 5,610 $738 $326 $1,064.28 04000242-303 551 MICHIGAN AVE DTE ELECTRIC COMPANY $1,140,930 0 $2,802 $0 $2,801.54 04000310-29 985 MICHIGAN AVE WHC-IRS CENTER LTD $33,128,889 871,030 $81,348 $50,605 $131,952.97 04000341-9 522 MICHIGAN AVE TELEPHONE PARKING DECK VENTURE LLC $1,144,500 213,036 $2,810 $12,377 $15,187.34 04000350-69 601 BAGLEY SYNDECO REALTY CORPORATION $750,498 31,165 $1,843 $1,811 $3,653.47

9

04000370-80 560 BAGLEY DTE ELECTRIC COMPANY $938,609 0 $2,305 $0 $2,304.74 04000381-423 601 PLAZA DRIVE DTE ELECTRIC COMPANY $995,098 0 $2,443 $0 $2,443.45 04000424-53 661 PLUM SYNDECO REALTY CORPORATION $80,056 0 $197 $0 $196.58 04000486-93 2201 W GRAND RIVER MGM GRAND DETROIT LLC $857,687 0 $2,106 $0 $2,106.04 04003165-89 1511 FIRST IVEY & ASSOCIATES, LLC $1,703,390 220,997 $4,183 $12,840 $17,022.21 04003190-3 1911 FIRST DTE ELECTRIC COMPANY $587,933 0 $1,444 $0 $1,443.66 04003195-8 2100 SECOND DTE ELECTRIC COMPANY $816,505 18,562 $2,005 $1,078 $3,083.34 04003316-21 2109 SECOND DTE ELECTRIC COMPANY $455,533 0 $1,119 $0 $1,118.56 04003322-38 2000 THIRD DTE ELECTRIC COMPANY $3,289,000 299,176 $8,076 $17,382 $25,457.73 04003339-40 610 THIRD SALLOUM, SAMUEL G $365,464 0 $897 $0 $897.39 04003352-3 660 PLAZA DRIVE DTE ELECTRIC COMPANY $11,169,396 620,522 $27,426 $36,051 $63,477.61 04003354-60 2130 THIRD DTE ELECTRIC COMPANY $1,426,944 0 $3,504 $0 $3,503.84 04004075-143B 1777 THIRD MGM GRAND DETROIT LLC $184,503,362 2,161,192 $453,046 $125,562 $150,000.00 05000003-7 900 E ATWATER RIVERFRONT HOLDINGS INC $10,645,821 0 $26,141 $0 $26,140.68 05000019-33 1000 FRANKLIN RIVERFRONT HOLDINGS INC $9,197,000 606,720 $22,583 $35,249 $57,832.54 05000042-4 1000 E WOODBRIDGE WOODBRIDGE INVESTMENT CO $1,950,809 51,480 $4,790 $2,991 $7,781.09 05000045-6 936 E WOODBRIDGE CHRIST CHURCH $569,413 30,235 $1,398 $1,757 $3,154.79 05000047-9 260 SCHWEITZER PL ATWATER GROUP $175,000 7,501 $430 $436 $865.51 05000060-2 1000 E JEFFERSON MICH BELL TELEPHONE CO $0 52,265 $0 $3,037 $3,036.51

that each Assessment is imposed by the board of directors under the Zone Plan for the Downtown Detroit Business

Improvement Zone on all Assessable Property within the Zone Area in the amount authorized under the Zone Plan for the Downtown Detroit Business Improvement Zone;

that for purposes of this resolution, the terms “Assessable Property,” “Assessment,” “Property Owner,” “Zone

Area,” and “Zone Plan” means those terms as defined under Section 10 of 1961 PA 120, MCL 125.990; and that the secretary shall transmit a copy of this resolution to the clerk of the city of Detroit.




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AGENDA Uniform Budgeting and Accounting Act (UBAA) requirements Preliminary BIZ election Steering Committee budget Anticipated revenues from city Proposed draft FY 2014 budget General appropriations act

BIZ Board of Directors | 12 August 2014

UNIFORM BUDGETING AND ACCOUNTING ACT REQUIREMENTS The Downtown Detroit BIZ will use Governmental accounting

standards utilizing a “fund balance” approach. No expenditure of monies in the BIZ can be made without an

appropriations act passed by this board. The budgeting process takes two steps:

Introduction of a “Recommended Budget” and the “General Appropriations Act” resolution for review and discussion (this meeting)

General Appropriations Act resolution adopted which will be the formal review and approval of the budget (September meeting)

The budget can be amended during the fiscal year to approve changes based on new/adjusted information.

BIZ ELECTION STEERING COMMITTEE BUDGET

Clean 60% ($2.4M)

Landscaping 15% ($610K)

Parks 15% ($590K)

Ambassadors 6% ($240K)

Administrative 4% ($160K)

$4M TOTAL BUDGET

ASSUMPTIONS 100% of summer tax bills paid in two installments 80% payment rate 5% insufficient funds holdback Delinquent payments will be retrieved in FY 2015

Gross BIZ Revenue

Less Non-payment

Less insufficient funds holdback Net BIZ Revenue Receipt

1st installment $2,000,000

($400,000)

($80,000)

$1,520,000 October 2014

2nd installment $2,000,000

($400,000)

($80,000)

$1,520,000 March 2015 Release of 1st installment holdback

$80,000 Feb 2015

Estimated total BIZ revenue $4,000,000

($800,000)

($160,000)

$3,120,000

Basis for FY 2014 draft budget

DRAFT FY 2014-2014 BIZ BUDGET (01 JUL 2014 – 30 JUN 2015)

Clean 45% ($1.4M)

Landscaping 11% ($350K)

Holiday lights 6% ($200K)

Parks 10% ($325K)

Ambassadors 6% ($200K)

Administrative 11% ($343K)

Start up legal 2% ($72,500K)

Communications 2% ($50K)

Legal/insurance 1% ($35K) Contingency

5% ($140K)

$3.12M TOTAL BUDGET

Draft Budget 01 Jul 2014 – 30 June 2015

Assessment Revenue 3,120,000.00 Interest - Other -

Total Revenue 3,120,000.00$

Services (Start up Costs)Legal 72,500.00 DDP Reimb. - Sub Total 72,500.00$

ServicesLegal 25,000.00 Audit - Insurance 10,000.00 Sub Total 35,000.00$

SuppliesOffice/Meeting 12,000.00 Sub Total 12,000.00$

ServicesDDI Mgmt Contract 9/1 /14 - 6/30/15

DDI Exec/Proj Mgmt/Admin/Accounting 230,625.00 Communication/Outreach 50,000.00 Office/phones/IT 100,000.00 Clean 1,400,000.00 Holiday Lighting 200,000.00 Landscaping and Maintenance 350,000.00 Parks and Common Areas 325,000.00 Public Safety Ambassador 200,000.00

Sub Total 2,855,625.00$

Capital Outlay -$

Contingency 140,000.00$

Total Expenses 3,115,125.00$

Net Revenue (over Expenses) 4,875.00$

Beginning Fund Balance -$

Ending Fund Balance 4,875.00$

For the Period of 7/1/14 - 6/30/15


_______________________

1

RESOLUTION 2014-__ FY 2014 Budget Time Schedule


following budget time schedule is approved for the Downtown Detroit Business Improvement Zone in compliance with the Uniform Budgeting and Accounting Act, 1968 PA 2, MCL 141.421 to 141.440a, for the fiscal year ending on June 30, 2015:

On or About Budget Process Item August 12, 2014 Chief administrative officer presents recommended FY 2014 budget

and general appropriations act to board of directors. September 25, 2014 Public hearing on budget at regular meeting of board of directors. September 25, 2014 Board of directors adopts budget.




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DOWNTOWN DETROIT BUSINESS IMPROVEMENT ZONE _______________________

RECOMMENDED BUDGET 2014-2015

For the fiscal year beginning on July 1, 2014 and ending on June 30, 2015:

General Fund 2014-2015 REVENUE

401 Taxes 0 450 Licenses and Permits 0 501 Federal Grants 0 539 State Grants 0 580 Contribution From Local Units 0 600 Charges for Services 0 655 Fines and Forfeits 0 664 Interest and Rents 0 671 Other Revenue $3,120,000 Total Revenue and Other Sources $3,120,000 EXPENDITURES 701 Personal Services 0 726 Supplies 0

800 Other Services and Charges $2,975,125 970 Capital Outlay 0 990 Debt Service 0 999 Transfers (Out) 0 Contingency $140,000 Total Expenditures and Other Uses $3,115,125 Net Revenues (Expenditures) $4,875 Beginning Fund Balance 0 Ending Fund Balance $4,875

Downtown Detroit Business Improvement Zone

Proposed Budget

Assessment Revenue 3,120,000.00

Interest ‐

Other ‐


Services (Start up Costs)

Legal 72,500.00

DDP Reimb. ‐

Sub Total 72,500.00$

Services

Legal 25,000.00

Audit ‐

Insurance 10,000.00


Supplies

Office/Meeting 12,000.00


Services

DDI Mgmt Contract 9/1 /14 ‐ 6/30/15

DDI Exec/Proj Mgmt/Admin/Accounting 230,625.00

Communication/Outreach 50,000.00

Office/phones/IT 100,000.00

Clean 1,400,000.00

Holiday Lighting 200,000.00

Landscaping and Maintenance 350,000.00

Parks and Common Areas 325,000.00

Public Safety Ambassador 200,000.00

Sub Total 2,855,625.00$

Capital Outlay ‐$




Beginning Fund Balance ‐$


For the Period of 7/1/14 ‐ 6/30/15


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DRAFT – NOT FOR ACTION ON AUGUST 12, 2014

RESOLUTION 2014-__ FY 2014-2015 General Appropriations Act

The board of directors of the Downtown Detroit Business Improvement Zone (“Zone”) resolves: Section 1. Title. This resolution shall be known and may be cited as the Downtown Detroit

Business Improvement Zone FY 2014-2015 General Appropriations Act. Section 2. Public Hearing. In compliance with 1963 (2nd Ex Sess) PA 43, MCL 141.411 to

141.415, notice of a public hearing on the proposed budget was published in a newspaper of general circulation on September __, 2014 and a public hearing on the proposed budget was held by the board of directors on September 25, 2014.

Section 3. Millage Levy. The Zone is not authorized to levy taxes. Section 4. Adoption of Budget by Activity. The board of directors adopts the budget for the

Zone for the fiscal year ending on June 30, 2015 by activity. Zone officials responsible for the expenditures authorized in the budget may expend Zone funds up to, but not to exceed, the total appropriation authorized for each activity.

Section 5. Payment of Bills. All claims or bills against the Zone shall be approved by the board

of directors before payment by the Zone. However, the treasurer may pay certain claims or bills before payment is approved by the board of directors to avoid late penalties, service charges, or interest. Any claims or bills paid before approval by the board of directors shall be reported by the treasurer to the board of directors for approval at the next meeting of the board of directors.

Section 6. Estimated Revenues and Expenditures. Estimated total revenues and expenditures

for the Zone for FY 2014-2015 are: Fund Revenue Expenditures General $3,120,000.00 $ 3,115,125.00

2

Assessment Revenue 3,120,000.00 Interest - Other -


Services (Start up Costs)Legal 72,500.00 DDP Reimb. - Sub Total 72,500.00$

ServicesLegal 25,000.00 Audit - Insurance 10,000.00 Sub Total 35,000.00$

SuppliesOffice/Meeting 12,000.00 Sub Total 12,000.00$

ServicesDDI Mgmt Contract 9/1 /14 - 6/30/15

DDI Exec/Proj Mgmt/Admin/Accounting 230,625.00 Communication/Outreach 50,000.00 Office/phones/IT 100,000.00 Clean 1,400,000.00 Holiday Lighting 200,000.00 Landscaping and Maintenance 350,000.00 Parks and Common Areas 325,000.00 Public Safety Ambassador 200,000.00

Sub Total 2,855,625.00$

Capital Outlay -$




Beginning Fund Balance -$


For the Period of 7/1/14 - 6/30/15

3

Section 7. Periodic Financial Reports. The treasurer shall provide the board of directors at its

meeting immediately following the end of each fiscal quarter, and at the final meeting of the board of directors of the fiscal year, a report of fiscal year to date revenues and expenditures compared to the budgeted amounts for the fiscal year.

Section 8. Budget Monitoring. Whenever it appears to the chief administrative officer of the

Zone that the actual and probable revenues in any fund of the Zone will be less than the estimated revenues upon which appropriations from the fund were based, and when it appears that expenditures will exceed an appropriation, the chief administrative officer shall present recommendations to the board of directors to prevent expenditures from exceeding available revenues or appropriations for the fiscal year. The recommendations shall include proposals for reducing appropriations, increasing revenues, or both.

Section 9. Adoption. Motion made by ________________. Seconded by ______________ to

adopt this resolution as the general appropriations act for the Zone for the fiscal year ending June 30, 2015. Upon a roll call vote, the following members of the board of directors voted yes: _________________________________________________________________________________. The following noted no: _________________________________________________________________________________.

4

Secretary’s Certification: I certify that this resolution was duly adopted by the board of directors of the Downtown Detroit

Business Improvement Zone at a properly-noticed open meeting held with a quorum present on September 25, 2014.


LAN01\351688.2


_______________________

RESOLUTION 2014-__ Publication of FY 2014-2015 Budget Notice


law firm of Dykema Gossett PLLC is authorized to assist the secretary in securing the publication of notice of a public hearing on the FY 2014-2015 budget for the Authority in compliance with 1963 (2nd Ex Sess) PA 43, MCL 141.411 to 141.415, with the notice in a form substantially similar to the following:

NOTICE OF PUBLIC HEARING

A public hearing is scheduled for 1:30 p.m. on Thursday, September 25, 2014 at a regular meeting of the Board of Directors of the Downtown Detroit Business Improvement Zone (“Zone”) to be held at the Guardian Building, Conference Room 3010, 500 Griswold St., Detroit, MI 48226 for the purpose of discussing adoption of the budget for the Zone for the 2014-2015 fiscal year. The meeting will be held in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. A copy of the proposed budget is available for public inspection at 600 Renaissance Center, Ste. 1740, Detroit, MI 48243.

THE PROPERTY TAX MILLAGE RATE PROPOSED TO BE LEVIED TO SUPPORT THE PROPOSED

BUDGET WILL BE A SUBJECT OF THIS HEARING.* *Note: This notice is printed in compliance with 1963 (2nd Ex Sess) PA 43, MCL 141.411 to 141.415. The

Zone is not authorized to levy taxes. [Secretary Name] Zone Secretary




LAN01\351638.3


_______________________

1

RESOLUTION 2014-__ Designate Financial Institution

Comerica Bank is qualified to be a designated depository for public moneys under 1932 (1st Ex

Sess) PA 48, MCL 129.11 to 129.15. The board of directors of the Downtown Detroit Business Improvement Zone (“Zone”) wants to

designate Comerica Bank as the initial depository of funds of the Zone. The board of directors therefore resolves as follows:

that Comerica Bank is designated as a depository bank and treasury management

service provider for Zone;

that the chairperson and the treasurer are authorized on behalf of the Zone to execute contracts or other agreements for financial services with Comerica Bank (the “Contract Signers”);

that the chairperson and the treasurer are authorized on behalf of the Zone to conduct all types of banking transactions available for all accounts (“Accounts”) opened on behalf of the Zone after August 12, 2014 (the “Authorized Signers”);

that the secretary shall on behalf of the Zone certify as Comerica Bank may require, the names or signatures, or both, of the Authorized Signers and the Contract Signers;

that if Comerica bank requires new signature documents because of changes to the Authorized Signers, the chairperson and treasurer are authorized to sign and the secretary is authorized to provided new signature documents to Comerica Bank;

that to the extent authorized by law the Zone indemnifies and holds Comerica Bank

harmless from all loss and costs incurred as a result of Comerica Bank’s reliance on signature card documents and certification of signatures and titles provided by the Zone to Comerica Bank;

that the Zone agrees to be bound by the terms of the Comerica Bank Business and

Personal Deposit Account Contract and Treasury Management contracts;

that all funds in the Zone’s account or accounts with Comerica Bank may be paid out, transferred, or withdrawn when requested by an Authorized Signer whether creating an overdraft or not, without inquiry as to the circumstance of issue or disposition of the proceeds thereof, whether drawn to the individual order, or tendered in payment of obligations, or deposited or transferred to the personal accounts of any Authorized Signer/Authorized Representative;

2

that the Zone is authorized to enter into a Comerica Bank Wire Transfer Service

Agreement;

that the chairperson and the treasurer are authorized to enter into a Comerica Bank Wire Transfer Service Agreement;

that the chairperson and the treasurer (each an “Authorized Agent”) are each

authorized to authorize wire transfer templates;

that the Authorized Agents are authorized to designate the name of each person, including each of their names, authorized to issue payment orders, confirm payment orders, or both, including the ability of an initiator to confirm the initiator’s own payment order request;

that the Authorized Agents are each are authorized to revoke the authority of a person named as authorized to initiate payment orders, confirm payment orders, or both;

that the secretary is authorized to certify and submit to Comerica Bank the name and

signature of each Authorized Agent;

that the secretary is authorized to sign a Declaration for Comerica’s Department Wire Transfer Service and other documents necessary to establish the wire transfer service offered by Comerica Bank’s Municipalities Department and agree on behalf of the Zone to the terms of Comerica Bank’s Municipalities Department Wire Transfer Service and related security procedures, including the designation of the chairperson and treasurer as authorized initiators and authorized confirmers;

that Comerica Bank shall be fully protected, indemnified, and held harmless from loss, expenses, claims and damages arising out of its reliance on a Declaration for Comerica’s Department Wire Transfer Service signed by the secretary until Comerica Bank has received written notice from the secretary that the Declaration has been revoked in full or in part and Comerica Bank has had a reasonable time to act on such notice;

that the chairperson, the treasurer, and the secretary are authorized to sign on behalf of the Zone the documents, declarations, or other authorizations, and make subsequent changes, as required by a Comerica Bank to establish Comerica Bank as a depository bank of the Zone, authorize Comerica Bank to manage depository accounts, and to obtain treasury management services and other related services from Comerica Bank;

that the documents, declarations, or other authorizations signed by the chairperson, treasurer, and secretary shall be recorded in the minute book of the Zone;

this this resolution shall remain in effect shall continue in force until amended or rescinded and the amendment or rescission is received by Comerica Bank;

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LAN01\351531.4


______________

RESOLUTION 2014-__ Election of Executive Committee Members

The board of directors of the Downtown Detroit Business Improvement Zone resolves as

follows: that an executive committee of the board of directors is established as provided under

section 5.5 of the bylaws; and

that the following members of the board of directors are elected as members of the executive committee:

____________________________; [Name] ____________________________; and [Name] ____________________________. [Name]




LAN01\358902.2

Government & Nonprofit

Downtown Detroit BIZ Board Meeting Materials August 12, 2014