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National Park Service rejection of Harbor Shores in JKP

National Park Service rejection of Harbor Shores in JKP

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Published by ProtectJKP
National Park Service Rejection of conversion proposal using Jean Klock Park for golf, October 16, 2007. (The NPS later - in July, 2008 - approved essentially the same plan they rejected in October, 2007.
National Park Service Rejection of conversion proposal using Jean Klock Park for golf, October 16, 2007. (The NPS later - in July, 2008 - approved essentially the same plan they rejected in October, 2007.

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Published by: ProtectJKP on Feb 28, 2012
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05/11/2013

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United
States
Department
of
the
Interior
National
Park
Service
MidwestRegion
601
Riverfront Drive
Omaha
Nebiaska
68
102-4226
October
16
2007
26-00568MWR-P/G
Mr
Jim
Wood
Manager
Grants
Management
Michigan Department
of
Natural
Resources
P.O
Box
30425
Lansing Michigan
48909-7925Dear
Mr
Wood
This
correspondence
is
in
response
to
the
city
of
Benton
Harbors
request
for
National
Park
Service
NPS
approval
to
convey
control
and
tenure
for
22.11
acres
of
Jean
Kiock Park
to
Harbor Shores
Community Redevelopment
Inc
HSCRI
This
park
was
developed
with
assistance
from
the
Land
and Water
Conservation
Fund
LWCF
under
grant
26-005
68
entitled
Jean
Kiock Park
Bathhouse
The
purpose
for this
conveyance
is
to
allow
Benton
Harbor
to
perpetually
lease thesubject
22.11
acres
to
HSCRI
for
the
placement
of
holes
of
an
18-hole
golf
course
Based
upon
our
review
of
the
information
provided
we
are
denying
the
citys
request
Following
is
the
basis
for
our
decision
Control
and Tenure
As
our
independent
analysis
progressed
one
of
theoverarching
concerns
was
measuring
the
full
extent
of
the
conversion While
theperpetuallease
of
22.11
acrescreates the
obvious
anddocumented
conversionscenario
it
is
ouropinion
that
the
control
and
tenure
of
the
entirety
of
Jean
Kiock Park
and
that
of
all
of
the
proposed replacement
lands
have
also
beenconveyed
from
Benton
Harbor
to
HSCRI
or
one
of
its
affiliates
We
direct
your
attention
to
Article
II
Section2.01
of
the
document
entitled
Harbor
Shores
Gof
Course
Agreement
Agreement
under which
Benton
Harbor
leases
to
HSCRI
the
Interior
Park
Property
The
Interior
Park
Property
is
generally
described
as
comprising
22.11
acres
and
is
specifically
defined
under
Article
Section
1.01f
as
Interior
Park
Property
means
the
improvements
to
be
constructed
byHarborShores
necessary
to
maintain
and
operate
three
goif
holes
of
public
goif
course
on
the
Interior
Park
Property
according
to
thestandards
set
forth
in
Exhibit
and
Exhibit
thereto
TAKE
PRIDES
INAM
ERtCA
D010000883
 
Also
referenced
in
Section 2.01
and
incorporated
as
part
of
the
Agreement
is
Exhibit
HarborShores
Goif
Course
AgreementAccess
Rights
Under
Exhibit
Benton
Harbor
further
grants
andconveys
to
HSCRI
perpetual
easement
across
Jean
Kiock Park
and
the
proposedreplacement
properties
for
allowing
the construction
installation
operations
evacuation
inspection
replacement
repair
maintenance
and
removal
of
the
Interior
ParkImprovements
for
the
purpose
of
allowing
theconstruction
installation
and
inspection
of
the
ParkImprovements
for
the
purpose
of
allowing
theconstruction
installation
and
inspection
of
the
Parcel
8A
and
Park
ExpansionImprovements
for
the
purpose
of
ingress
to
and
from
the
public
course
and
for
the
purpose
of
its
maintenance
obligationsdetailed
in
Exhibit
which
includesbut
is
not
limited
to
the
following
sand and dune
maintenance
trash
removal
cleaning
of
public
restrooms
grass
mowing
and
related
landscaping
trimming
and
maintenance
and
other
customaly parkmaintenance
items the
Access
Rights
Easement
It
is
further
stated
in
Exhibit
The
Access
Rights
Easement
shall
be
for
the
use
of
Harbor
Shores
and
its
tenants
agentsemployees
contractors
subcontractors
invitees
licensees
guestscustomers
successors
and
assigns
Further
the
final
paragraph
in
Exhibit
references
aneasement
agreement
specifically
related
to
theconstruction
operation
and
maintenance
of
marinas
and
associated
recreational
facilities
that
will
be
built
on
or
adjacent
to
theparcel
replacement
property
The
Exhibit
Harbor
Shores
Goif
Course
Agreement
Form
Covenant
Deed
and
EasementAgreement
includes
as
attachmentsthe
covenant deed
for
replacement
parcelseparate parcels
referred
to
as
east
and
west
totaling
3.41
acres
an
easement
agreement
relating
to
the 3.41acrereplacement
property
andsummary
of
the
golf
course
agreement
From
reviewing
these
documents
we
understand
The
covenant deedconveysand
transfers
the 3.41 acres
comprising
replacement parcel
from
HSCRI
to
Benton
Harbor
The
easement
agreement
conveys
from
Benton
Harbor
to
the Cornerstone
Alliance
Cornerstone
and
its
successorsassigns
customers employees agents
invitees
guests
contractors
tenants
and
subtenantsperpetualnon-exclusive
easement
over acrossthrough
and
under
the 3.41-acre
replacement
parcel
in
order
to
permit
access
to
Lake
Michigan
the
St
Joseph
River
and
the
Paw Paw
River
construction
installation
and
inspection
of
improvements
to
parcelconstruction
installation
operation
inspection
replacement
repair
maintenance
and
removal
of
publicorprivate
utilities
and
gas
and
fuellines
for
refuelingwatercraft
upon
parcelconstruction
installation
operation
evacuation
inspection
replacement
repair
D010000884
 
maintenance
and
removal
of
any
portion
of
the
Harbor Shores
Project
upon
or
nearparcelconstruction
installation
operation
inspection
replacement
repair
maintenance
and
removal
of
the
private
marinas
docks
and
related
improvements
as
further
detailed
in
this
easement
and
ingress
and
egress
to
and
from
the Cornerstone
property
andany
of
its
improvements
e.g
private
marinas
docks
and
related
improvements
The
easement
agreement
conveys
from
Benton
Harbor
to
Cornerstone
and
its
successors
assigns
customersemployees agents
invitees
guests
contractors
tenants
and
subtenants
perpetualexclusive
easement
over across through
and
under
the 3.41-acres
replacement
parcel
in
order
to
permit
docking
and
mooring
of
watercraft
sunbathing
lounging
and
picnicking
byCornerstone
or
its
Affiliates
construction
installation
operation
evacuation
inspection
replacement
repair
maintenance
and
removal
of
docks
wharfs
andlor
marinas
adjacent
to
replacement
parcel
fishing
swimming
waterskiing bathing
watercraft
navigation
or
mooring
and
all
otherrelated recreational
activities
by
Cornerstone
or
its
Affiliates
and
loading
and
unloading
watercrafi
andlor
othersupplies
and
passengers
by
Cornerstone
or
its
Affiliates
The
easement
agreement
prohibits
Benton
Harbor
from
using
replacement
parcel
for
any
of
the
purposes
stated
aboveThe
easement
agreement
requires
that
Benton
Harbormust
keep
replacement
parcel
openand
unobstructed
by
any
building
fences
trees
barriers
orotherstructures or
improvements
that
would
prohibit
Cornerstone
or
its
Affiliates
access
over across through
or
under
parcel
We
now
direct
your
attention
to
Agreement
Article
II
Section
2.08
in
which
Benton
Harbor
grants
utility
easement
to
HSCRI
overacross
and
under
Jean
Klock Park
for
theconstruction
installation
operation
inspection
replacement
repair
maintenance
and
removal
of
publicorprivate
utilities
Finally
we
direct
your
attention
to
Agreement
Article
VII
Section
7.12which
allows
HarborShores
to
assign
this
agreement
or
any
interest
therein
as
collateral
securityor
create sublease
by
way
of
mortgage
of
HSCRIs
leasehold
interest
In
summary
we
believe thesubject
Agreement
in
effect
transfers
perpetual
control
and
tenure
of
the
entire
Jean
Kiock Park
and
the
proposed replacement
lands
from
Benton
Harbor
to
HSCRI
or
its
Affiliates
ReplacementLands
It
is
ouropinion
that
the
proposed replacement
lands
fail
to
meet
the basic
LWCF
eligibility
D010000885

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