Nondisclosure

Save Jean Klock Park

Nondisclosure!

Why was the public not informed for 20 years

If the Friends of Jean Klock Park knew in 2003 what we know now we

are

certain

that the first conversion of Jean Klock Park would never

have taken

place.

In our opinion,

Harbor Shore’s revelation that this golf course project

has

been in

the planning stages for almost 20 years is an indication that

the

Grand Blvd.

Development was the first step in weakening the park’s

deed.

1988 golf course proposal

As this proposal has evolved the pieces of nondisclosure and

manipulation

are falling

clearly into public light.

It is without pleasure that we show you how the entire area was not

included in the

planning of its future development while powerful

corporate

executives, who came

here from other parts of the country,

laid out

their

own

plans for

our

lake front

community that we were

completely unaware

of.

Edgewater Presentation Board

During the 2003 litigation, some of us wondered if Cornerstone Alliance

and

Whirlpool were involved in the Grand Boulevard Development in

Jean

Klock Park.

Then a presentation board was discovered that was

left behind

in a local art gallery

from a meeting the Chamber of

Commerce

(Cornerstone Alliance) had held the night

before. This

presentation clearly

showed the Grand Blvd. Development and

ominously indicated

“recreational development" in the park leaving us to

wonder

what that

could have possibly been, now we know. The board

also appears to

indicate that Whirlpool and Cornerstone Alliance were

involved with the

then

undisclosed Grand Blvd. Development.

View photo board

Canoe Livery

Grand Boulevard Renaissance Inc., stated throughout litigation, and

published on

their website, that the City of Benton Harbor would

“replace

each and every acre of

property developed along Grand

Boulevard with

acreage on the Paw Paw River” for

a canoe and small

boat livery. The

closest possible exchange of land of equal or

greater

value is required for

mitigation properties and the riverfront was the only

property similar to

lake-front property that was available in the city.

The purpose of mitigation is to create new parkland for that which was

lost. Instead,

the mitigated land that was swapped for the park was

scattered “green spaces”

throughout the downtown area, one that’s

contaminated with lead. Another, which is

located along the St. Joe

River,

is the only parcel that’s marginally acceptable as

replacement land

for Jean

Klock Park but along with two others are existing parks. In

all

cases no

“new” parkland has been created. The citizens of Benton

Harbor did not

recieve anything other than what they already had.

And the riverfront property that was promised in 2003? That would be

used for a

boat launch and canoe livery but for Harbor Shores mitigation

instead.

rand Boulevard Renaissance Proposed Mitigation, 2003

What was swapped instead

River Run

On December 19, 2004, just 11 months after the Consent Judgment was

handed

down, the Herald Palladium announced plans for a 500 acre

development called

‘River Run.’ The article titled ‘Road map to the

future?’ said nothing about Jean

Klock Park and included a map

showing

the project boundaries. Jean Klock Park did

not appear within

the indicated

boundaries and is behind the caption box on the map.

Soon

after we

learned there were plans to use the park for a golf course and

the

following

spring obtained a brownfield document that included an

outdated map

showing 2 holes of a golf course in Jean Klock Park.

‘Road map to the future?’

Then on May 8, 2005 the Herald Palladium ran another article titled

‘River

Run

project aims for balance’. This article went into more detail

about the

golf course but

still no mention of using the park. The article

ended with a

quote from Jeff Noel,

Whirlpool’s vice president of

communications and

public affairs that, “There are no

commitments or

preconceived notions”

…..to the current plan. Again, the map was

included that showed JKP was

outside of the boundaries of the proposed

project.

River Run project aims for balance

'River Run' Changes name to 'Harbor Shores'

When the Truth is Exposed

By this time word was getting out about the threat to the park and the

public began

writing letters to the Editor. The Herald Palladium would

not

publish them saying

they were “based on rumor.” The Friends of

Jean

Klock Park went to the paper with

the outdated map and insisted

that they

publish the truth, which they did on July 3,

2005 in an article

titled ‘Fight

for Klock.’ In this article ‘River Run’ became ‘Harbor

Shores’ and a map

of the park as a golf course appeared for the first

time.

Fight for Klock

But just five days earlier, even though the Herald Palladium was aware

the plans

to use the park, an article was published announcing that

‘River

Run planning gets

city’s approval’. In a grave injustice to the

citizens they

serve, the city leaders

approved the plan without disclosing

to the citizens

that their park would be

sacrificed for this project.

River Run planning gets city’s approval

No Opposition

In March of 2006 it was learned that at the June 15, 2005 Michigan

Natural

Resources Trust Fund Board meeting that the board had been

told

by Geoff Fields,

the attorney that was hired to represent Benton

Harbor for

the Grand Blvd. project

and who also represented

Cornerstone Alliance,

that there was no opposition to the

mitigation and

conversion of the Grand

Boulevard property.

This statement was made nearly 14 months after the Consent Judgment

was handed

down and the controversy had quieted. But the discovery

some city residents that

claims of no opposition to the mitigation were

made, prompted those residents to go

the April 19, 2006 Trust Fund

Board

meeting to go on record as being opposed to

the previous

conversion and

the newly proposed one.

June 15, 2005 MNRTF meeting minutes

[See pages 15-16 of PDF]

April, 19 2006 MNRTF meeting minutes

[See pages 6-7 of PDF]

90 Acres

On February 22, 2006 Geoff Fields provided the Michigan Natural

Resources Trust

Fund Board with a preview of the proposal for a golf

course within Jean Klock Park.

In his statements he tells the Board that

there are approximately 90 acres of parkland

within the boundaries of

Jean

Klock Park. As the city’s attorney he knew full well

that there are

only 73

acres left to Jean Klock Park due to MDOT using

approximately

8 acres

for the cloverleaf interchange for M-63 in the early '50’s, and

the

mitigation

of 9 acres of parkland resulting from the Settlement

Agreement and

Consent Judgment. Using the original acreage of the

parkland appeared as

if less

would be lost.

Feb. 22, 2006 MNRTF meeting minutes

[See pages 4-6 of PDF]

Water View Rebuttal

From the beginning the developers insisted that a water view was a

requirement for a

Jack Nicklaus Signature golf course therefore Harbor

Shores would not go through

with the project if they couldn't obtain the

park. We called Nicklaus Design and

discovered that was not true, that

the

requirement was acreage. At the August 16,

2006 Michigan Natural

Resources Trust Fund Board meeting we exposed the truth to

the board.

On August 22, 2006 at a public comment hearing for the project, we

shared the truth

with the residents. But once again the spin changed

when

Mark Mitchell, CEO of the

Alliance, agreed that we were correct

but that

Jack Nicklaus would not designate the

course a 'Signature'

course without

the park. Then after the truth was revealed to the

Trust

Fund Board and

the public, Harbor Shores used the water view

requirement,

again, with the

Department of Environmental Quality in

order to obtain that agency’s

approval for the project.

August 16, 2006 MNRTF meeting minutes

[See pages 11-18 of PDF]

Benton Harbor’s Legal Representation

It was unknown to us that Geoff Fields, the attorney who was hired to

represent the

city for the Grand Boulevard development, also

represented

Cornerstone Alliance at

the same time. Mr. Fields was party

to writing the

language for the 2003 Settlement

Agreement, giving him

full advantage

when he later represented the city for the

Harbor Shores

project and the

time came for him to construct the golf course and

lease

agreement for the

park.

Soon after the lease agreement was signed by city officials, John

Cameron,

a real

estate attorney and founder of Harbor Shores

Community

Redevelopment Inc.,

joined Geoff Fields’ law firm. At that

time, Geoff

Fields resigned as the city’s legal

representative for the

Harbor Shores

project citing “the Firm’s completion of its

assigned task

for the city of

Benton Harbor on the Harbor Shores project.” Geoff

Fields will still

represent the city on any future litigation for the Grand

Blvd.

development

in regards to the former

awsuit.

Letter of Resignation