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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 25, 2008
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Magnetic Flow Meter. WATER FILTRATION
C. Muskegon Bike Time Events, Inc. - July 18th thru July 20th, 2008. LEISURE
SERVICES
D. Consideration of Bids for the Culvert Replacement at the West Branch
of Ruddiman Creek, North of Sherman Blvd. (SP-202). ENGINEERING
E. Budgefed Vehicle Reolacemenf. PUBLIC WORKS
F. Crack Sealing Machine. PUBLIC WORKS
□ PUBLIC HEARINGS:
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
A. Create a Special Assessment District for Estes Street, Fair fo Lakeshore.
ENGINEERING
B. Create a Special Assessment Districf for Seventh Street, Muskegon to
Webster. ENGINEERING
o NEW BUSINESS:
A. Water Service Agreement with the City of Muskegon Heights. CITY
MANAGER
B. Environmental Program Trash Clean-up Contract. PLANNING &
ECONOMIC DEVELOPMENT
C. Environmental Program Mowing and Trash Clean-up Contract.
PLANNING & ECONOMIC DEVELOPMENT
D. Site Assessment Development and Reimbursement Agreement
between Viridian Properties LLC and the City of Muskegon. PLANNING
& ECONOMIC DEVELOPMENT
E. Liquor License Transfer Request for Community Management, Inc., 1149
Wood. CITY CLERK
F. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
555 Amity - Area 12
256 Iona - Area 11
811 W. Grand -Area 12
1850 Park
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
► Reminder: Individuals who would like to address the City Commission shalt do the following:
► Fill out a reques! to speak form atfached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step fo1ward to the microphone.
► Stale name and address.
► Limil of 3 minutes lo address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ ADJOURNMENT:
ADA POU CY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN
MARIE BECKER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724~6705 OR TDD:
(231) 724-4172.
Date: March 25, 2008
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
th
SUMMARY OF REQUEST: To approve minutes for the March 10
Commission Worksession, and the March 1 fh Regular Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 25, 2008
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, March 25,
2008.
Mayor Warmington opened the meeting with a prayer from Reverend Diane
Bowden from the Crestwood United Methodist Church after which the
Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Clara Shepherd, Lawrence Spataro, Sue Wierengo, Steve
Wisneski, and Chris Carter, City Manager Bryon Mazade, City Attorney John
Schrier, and City Clerk Ann Marie Becker.
2008-28 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the March 10th Commission
Worksession, and the March 11 th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Magnetic Flow Meter. WATER FILTRATION
SUMMARY OF REQUEST: Award a contract to replace the venturi tube meter at
the filtration plant with a more accurate magnetic flow meter to Jackson
Merkey contractors of Muskegon; the lowest responsible bidder with a bid price
of $256, 475.
FINANCIAL IMPACT: $256,475.
BUDGET ACTION REQUIRED: The 2008 Filtration Plant capitol improvements
budget includes $130,000 for the meter and clear well valve projects. The first
quarter budget re-forecast will be adjusted to reflect the deletion of the clear
well project and to increase the meter project budget to $270,000.
STAFF RECOMMENDATION: Award of this project to Jackson-Merkey Contractors
at a cost of $256,475.
C. Muskegon Bike Time Events, Inc. - July 18th thru July 20 th , 2008. LEISURE
SERVICES
SUMMARY OF REQUEST: Muskegon Bike Time sent a letter dated October 22,
2007, which included several requests to the City of Muskegon. The Leisure
Services Board and City staff have reviewed the request and recommend
approval, with the conditions outlined in the staff memo from Cathy Brubaker-
Clarke, dated March 17, and with the modifications suggested by the Leisure
Services Board at their March 17, 2008, meeting.
FINANCIAL IMPACT: Additional information will be needed regarding the City
equipment for Bike Time. It is recommended that staff make the final decision
regarding rental fees, actual costs, and/or exchange of concert tickets.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request from Bike Time as outlined in
their letter dated October 22, 2007, with the conditions outlined by staff in the
memo dated March 17, 2008, and the Leisure Services Board.
COMMITTEE RECOMMENDATION: The Leisure Services Board approved the
request from Bike Time with the conditions outlined by staff in the March 17,
2008, memo, and with the final information regarding closure of Clay Avenue
between 3rd and 4th Street during Parties-in-the-Park to be coordinated through
the Police Chief and the Parties-in-the-Park Committee.
D. Consideration of Bids for the Culvert Replacement at the West Branch
of Ruddiman Creek, North of Sherman Blvd. (SP-202). ENGINEERING
SUMMARY OF REQUEST: Award this joint venture project between Muskegon,
Norton Shores and Roosevelt Park to Dykstra Excavating of Grand Rapids since
they were the lowest, responsible bidder with a bid price of $134,382.40. The
project entails the replacement of an existing corrugated metal pipe culvert
with a concrete box culvert. This project is not a prevailing wage contract since
the City has only a 37% participation and the other two communities do not
have a prevailing wage requirement.
The award, if approved, needs to be contingent upon securing the necessary
permits and easements.
FINANCIAL IMPACT: The construction cost of $134, 382.40 plus engineering cost
which is estimated at an additional 15% to be shared between the three
communities.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the culvert replacement contract to Dykstra
Excavating.
F. Crack Sealing Machine. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase a used Crafco 125 crack sealing
machine.
FINANCIAL IMPACT: $12,699.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase from National Highway
Maintenance.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the consent agenda as read minus item E.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION PASSES
2008-29 ITEM REMOVED FROM THE CONSENT AGENDA:
E. Budgeted Vehicle Replacement. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase six 2008 Crown Victoria
Police Interceptors from Whitehall Ford since they were the lowest bidder with a
bid price of $124,014.
FINANCIAL IMPACT: $124,014.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to purchase the cruisers from
Whitehall Ford.
Motion by Commissioner Carter, second by Commissioner Wierengo to
purchase six 2008 Crown Victoria Police Interceptors from Great Lakes Ford,
2469 E. Apple Avenue, for $124,200.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, and Shepherd
Nays: Spataro, and Gawron
MOTION PASSES
2008-30 UNFINISHED BUSINESS:
A. Create a Special Assessment District for Estes Street, Fair to Lakeshore.
ENGINEERING
SUMMARY OF REQUEST: Create a special assessment district for Estes Street, Fair
to Lakeshore: and appoint two City Commissioners to the Board of Assessors if ii
is determined to proceed with the project. A public hearing was held at the
March 11 th City Commission Meeting.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
Motion by Commissioner Spataro, second by Commissioner Wisneski to create a
special assessment district for Estes Street, Fair to Lakeshore.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, and Spataro
Nays: Warmington
MOTION DEFEATED
B. Create a Special Assessment District for Seventh Street, Muskegon to
Webster. ENGINEERING
SUMMARY OF REQUEST: Create a special assessment district for Seventh Street,
Muskegon to Webster; and appoint two City Commissioners to the Board of
Assessors if it is determined to proceed with the project. A public hearing was
held at the March 11 th City Commission Meeting.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to create the
special assessment district for Seventh Street, Muskegon to Webster.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
Mayor Warmington appointed Vice Mayor Gawron and Commissioner Spataro
to the Board of Assessors.
2008-31 NEW BUSINESS:
A. Water Service Agreement with the City of Muskegon Heights. CITY
MANAGER
SUMMARY OF REQUEST: To approve a short-term agreement with the City of
Muskegon Heights for the operation of the Muskegon Heights water filtration
plant and water distribution system.
FINANCIAL IMPACT: The city will be paid at a rate of $80 an hour.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement and authorize the Mayor
and Clerk to sign it.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve
a short-term agreement with the City of Muskegon Heights for the operation of
the Muskegon Heights water filtration plant and water distribution system.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
B. Environmental Program Trash Clean-up Contract. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The special trash pick-up on city terraces and right-of-
ways associated with our Environmental Inspections program is currently being
performed by Diversified UG Utilities, Inc. A request for bids was advertised with
three companies placing bids. Big Sky Field Services is the low bidder for a one-
year and three-year agreement.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To waive the bid irregularity and approve the
contract and to authorize the Mayor and City Clerk to sign a three-year
agreement with Big Sky Field Services for the special trash pick-ups along city
right-of-ways, as directed by Environmental Inspections staff.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the environmental program trash clean-up contract with Big Sky Field Services.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
C. Environmental Program Mowing and Trash Clean-up Contract.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The contract for mowing of lots and trash clean-up of
public and private properties previously held by Freelance Enterprises, Inc., will
expire on March 29, 2008. A request for bids was advertised and five companies
placed bids. One set of bids submitted by Murray Vanderstelt were
contradictory and very incomplete. Freelance Enterprises of Muskegon
Township is the low bidder for a two-year agreement and Earth Creations of
Fruitland Township is the second lowest bidder.
FINANCIAL IMPACT: None - funds budgeted for this activity.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To formally reject the bid submitted by Mr. Murray
Vanderstelt because of severely deficient bid documents and approve a two-
year contract with Freelance Enterprises, Inc. Additionally, to approve a three-
year contract with Earth Creations and to authorize the Mayor and City Clerk to
sign agreements with both companies for the mowing of lots and trash removal
on properties located within the City.
Motion by Vice Mayor Gawron, second by Commissioner Carter to formally
reject the bid submitted by Mr. Murray Vanderstelt because of deficiencies and
approve a two-year contract with Freelance Enterprises, Inc., and additionally to
approve a three-year contract with Earth Creations.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION PASSES
D. Site Assessment Development and Reimbursement Agreement
between Viridian Properties LLC and the City of Muskegon. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon has a Brownfield Redevelopment
Loan in the amount of $500,000 with the Michigan Department of Environmental
Quality (MDEQ). The loan is for purposes of addressing environmental
assessment and remediation for sites being redeveloped. An agreement has
been reached with Dan Henrickson of Viridian Properties LLC to use $250,000 of
the loan for site improvements on Edison Landing. These improvements will
address environmental concerns, enhance the aesthetics of the site and make
the property rnore desirable frorn a marketing standpoint. Although the loan is
between the City and MDEQ, Mr. Henrickson has agreed to make the loan
payments.
FINANCIAL IMPACT: None, as Mr. Henrickson will be making the loan payments.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Development and Reimbursement
Agreement and authorize the Mayor and City Clerk to sign.
Motion by Commissioner Carter, second by Commissioner Wierengo to approve
the site assessment development and reimbursement agreement between
Viridian Properties LLC and the City of Muskegon.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION PASSES
E. Liquor License Transfer Request for Community Management, Inc., 1149
Wood. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Community Management, Inc. to transfer
ownership of the 2007 SDD and SDM licensed business located at 1149 Wood
Street from Christian Kado, LLC.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the liquor license transfer request for Community Management, Inc., 1149 Wood
Street.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, and Shepherd
Nays: Wisneski and Gawron
MOTION PASSES
F. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
555 Amity - Area 12
256 Iona - Area 11
811 W. Grand-Area 12
1850 Park
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within 30 days. It
is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
FINANCIAL IMPACT: CDBG Funds for 555 Amity and 256 Iona; General Funds for
81 l W. Grand and 1850 Park.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Carter, second by Commissioner Shepherd to concur
with the Housing Board of Appeals notice and order to demolish 555 Amity and
811 W. Grand.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to concur
with the Housing Board of Appeals notice and order to demolish 256 Iona.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: Wierengo
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to conc ur with
the Housing Board of Appeals notice and order to demolish 1850 Park.
Motion by Commissioner Spataro, second by Commissioner Carter to table the
concurrence with the Housing Board of Appeals notice and order to demolish
1850 Park for 45 days and authorize staff to review the engineering drawings and
issue permits and report back to the Commission on the progress.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
ANY OTHER BUSIN ESS: Vario us comm e nts were ma d e .
ADJOURNMENT: The Ci ty Com m issio n Meeting adjourned at 6:50 p .m.
Respectfully submitted,
A nn Marie Becker, MMC
City Clerk
Date: March 25, 2008
To: Honorable Mayor and City Commission
From: Bob Veneklasen, Water Filtration Plant
RE: Magnetic Flow Meter
SUMMARY OF REQUEST:
Award a contract to replace the venturi tube meter at the filtration plant
with a more accurate magnetic flow meter to Jackson Merkey
contractors of Muskegon; the lowest responsible bidder with a bid price
of $256,475.00.
FINANCIAL IMPACT:
$256,475.00.
BUDGET ACTION REQUIRED:
The 2008 Filtration Plant capitol improvements budget includes
$130,000.00 for the meter & clear well valve projects. The first quarter
budget re-forecast will be adjusted to reflect the deletion of the clear well
project and to increase to the meter project budget to $270,000.
STAFF RECOMMENDATION:
Award of this project to Jackson-Merkey Contractors at a cost of
$256,475.00.
MEMORANDUM
2/28/08
TO: M. AL-SHATEL, DEPUTY DIRECTOR
FROM: R. VENEKLASEN, WATER FILTRATION
RE: MAGNETIC FLOW METER BID RESULTS
BACKGROUND
Project specifications were recently released to solicit competitive bid prices for the
replacement of the 1950's vintage venturi meter and adjacent piping with a magnetic
flow meter and new piping. The venturi meter is an 18" meter in a 36" pipe which acts
as a constriction causing flow restriction (headloss) in the pipe that results in elevated
pressure and less efficient water flow. The magnetic flow meter matches the pipe
diameter so eliminates inefficiencies and accurately measures the water flow. Initially
the project did not include replacement of the adjacent pipe as it was not anticipated to
be necessary. After the capitol improvements budget was established it came to light
that it is necessary to replace the piping due to it's being tapered eighteen inches over a
number of pipe lengths, compounded by it's bell & spigot construction.
The magnetic flow meter brand specified, Yokogawa, is consistent with the magnetic
meters currently utilized in four locations at the Water Plant. These vary in size from
sixteen to forty-eight inches in diameter. The lead time for receipt of the magnetic flow
meter is sixteen to twenty weeks from the date of order.
PROJECT OUTCOME
The intent of this project is to replace the inaccurate venturi meter with an accurate
meter of the same diameter as the associated piping. This will provide three
advantages: 1) accurate flow recording to the distribution system, 2) eliminate flow
constriction inherit in the venturi meter, and provide a reliable second means of moving
water to the distribution system.
BIDS
The results of the bid solicitation are as follows:
Franklin Holwerda Company $278,114
2509 29 th Street
Wyoming, Ml 49519
616.538.3231
Jackson-Merkey Contractors, Inc $256,475
555 E. Western Avenue
Muskegon, Ml 49442
231. 728-9344
The bid included a deductible alternate for a butterfly valve in lieu of the gate valve. The
deduction for both bids was $18,780.
RECOMMENDATION
The 2008 Capitol improvements budget for the Water Filtration Plant includes $80,000
for the magnetic flow meter project and $50,000 for replacement of the clearwell valves.
The magnetic flow meter project has more immediate importance than the clearwell
valve project. However, the clearwell valve project remains a future necessity.
It is my suggestion to combine the budgets for the two projects - flow meter and
clearwell valves and request increasing the capitol improvements budget in the first
quarter budget reforecast to meet this project bid cost. Further, that we bring the
recommendation to proceed with the project low bidder to the City Commission in the
second meeting of March; March 25, 2008. I look forward to your favorable response to
this approach to the project.
CITY OF MUSKEGON
AGREEMENT FOR SERVICES OR CONSTRUCTION OF
WATER FILTRATION PLANT MAGNETIC FLOW METER AND A SSOCIATED
PIPING, VALVING, AND VAULT.
THIS IS AN AGREEMENT between the CITY OF MUSKEGON ("City"), 933 Terrace Street,
Jackson - Merkey Contract9~, In~ . ,
Muskegon, Michigan, and _ _ _ _ _ _ _ _ _ _ _ l' contractor'),
of Muskego n Michigan, for a small or limited project, and is made in the following terms:
Agreement and Performance
Contractor agrees to perform and supply all the services and t forth in the Statement of
Work attached to this agreement, ("Perfo~nnan.ce" .:..- i;J.i nee shall be accomplished
in good and workmanlike manner, to + . v ff- ce shall be completed on
or before to-be-deter min ed ;
Contractor will perform as set forth al:j
Conditions and Covenants
Contractor will comply with all laws, rules ~ rr other local government
of the State of Michigan and the United Sta ontractor will supply insurance as
required by separate written document, nam, ne City as an additional insured, if appropriate, and
shall carry such additional insurance coverage's as are required by the City. Contractor shall hold the
City harmless against any and all claims for damages or costs made against the City arising from
Contractor's performance, including all costs of defense, attorneys' fees, expenses and the amount of
any damage determined against the City.
Contractor certifies that it is eligible for performance of government work and has not been cited or
listed for failure to comply with Wage and Hour or prevailing wage regulations of the State of
Michigan or the Federal Government.
C:\Documents and Settlngs\veneklbo\Desktopl project bids, etc\Agreement for MAG METER PROJECT.doc
Termination and Cancellation
This contract may be terminated for failure to perform in accordance herewith, and Contractor shall
be liable for normal contractual remedies available to the City. In the event liquidated damages for
nonperformance age agreed to, the following amounts constitute liquidated damages:
$300.00 per day of nonperformance.
Nondiscrimination Compliance
Contractor agrees to comply with all nondiscrimination laws, rules and regulations and policies of the
City, State and Federal Governments including, but not limited to, the provisions of Executive Order
11246, Affirmative Action Requirements for Disabled Veterans and Veterans of the Viet Nam Era and
for Handicapped Workers. If required by the City and appropriate for the services in this contract,
Contractor shall comply with City oversight procedures. The provisions of all said policies, rules,
executive orders and laws regarding nondiscrimination and affirmative action are available from the
City by contacting the Affirmative Action Director of the City, City Hall, 933 Terrace Street, Muskegon,
Michigan, telephone 724-6703. The City may supply a copy with this contract in its discretion.
The parties agree to performance of this contract by signing below. The effective date of this
agreement is ~f1 , 2008.
Witnesses:
CITY OF MUSKEGON
C:\Documents and Settings\Veneklbo\Desklop\project bids, etc\Agreement for MAG METER PROJECT.doc
Contract Between
City of Muskegon
And
JACKSON-MERKEY CONTRACTORS INC.
STATEMENT OF WORK (See attached
Initials:
C:\Documents and Settingslveneklbo\Desktoplproject bids, etc\Agreement for MAG METER PROJECT.doc
Date: March 18, 2008
To: Honorable Mayor and City Commissioners
From: Lowell Kirksey, Recreation Supervisor
RE: Muskegon Bike Time Events, Inc.
July 18th thru July 20th , 2008
SUMMARY OF REQUEST: Muskegon Bike Time sent a letter dated October 22,
2007, which included several requests to the City of Muskegon (see attached letter).
The Leisure Services Board and City staff have reviewed the request and
recommend approval, with the conditions outlined in the staff memo from Cathy
Brubaker-Clarke, dated March 17 (see attached memo), and with the modifications
suggested by the Leisure Services Board at their March 17, 2008 meeting (see
below).
FINANCIAL IMPACT: Additional information will be needed regarding the City
equipment for Bike Time. It is recommended that staff make the final decision
regarding rental fees, actual costs, and/or exchange of concert tickets.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request from Bike Time as outlined
in their letter dated October 22, 2007, with the conditions outlined by staff in the
memo dated March 17, 2008, and the Leisure Services Board.
COMMITTEE RECOMMENDATION: The Leisure Services Board approved the
request from Bike Time with the conditions outlined by staff in the March 17, 2008
rd
memo, and with the final information regarding closure of Clay Avenue between 3
and 4th Street during Parties-in-the-Park to be coordinated through the Police Chief
and the Parties-in-the-Park Committee.
MEMO
To: Leisure Services Board
From: Cathy Brubaker-Clarke, Director of Community & Economic Development
Date: March 17, 2008
Re: Bike Time Request- Staff Report Update
Staff is excited to be working with the Bike Time Committee on another outstanding event in
Muskegon. We are fully supportive of the event and realize the benefits to Muskegon. There are
some concerns, however, that will need to be considered prior to approval of the request. These
include comments from various department staff, including Public Safety and Engineering. The
concerns are taken in order of the Bike Time request letter dated October 22, 2007.
1) There are no major concerns with the fireworks request It is important, however, that
Bike Time staff is aware that this could draw several more people downtown and could
result in extra staffing.
2) Hackley Park is already reserved for July 18th---the Westshore Symphony. Bike Time
has asked for Clay Street as the main motorcycle route for that weekend. There certainly
will be a noise conflict that evening. The loss of Clay and surrounding streets will also
limit parking for those who want to attend the Hackley Park event Due to the above, it is
not possible for Bike Time to use Hackley Park on July 18. The terms normally
reserved for Parties-in-the-Park will remain in place during the Parties-in-the-Park
hours, including the closure of Clay Street between Third and Fourth Street for
their use. In addition, Fourth Street between Webster and Clay Avenues will be
closed and reserved for Public Safety.
3) Police Chief Kleibecker has met with the Bike Time Security Director Due to the fact that
there are businesses located on Western Avenue east of Third (Hegg's), and the Post
Office must remain open, he is requiring that: (a) First Street from Shoreline to Western
must remain open (in addition, First Street between Western and Clay is not a public
street and the City has no jurisdiction over it). (b) Morris from Third to Terrace must
remain open to allow access to Hegg's and to the office complexes at Morris and
Terrace. (c) The bikes will have to make their turns to go back west on Western from
Jefferson and not from Terrace. No closures or impediments are allowed along Terrace.
4) Staff recommends that Bike Time be allowed to use the City's parking lot across from
LC. with the condition that they use reasonable anchors to prevent permanent damage
to the asphalt surface. Approval for "reasonable anchors" should be secured through the
City's Engineering Department.
5) The City's portion of the fourth street & Shoreline parking belongs to LC management.
Therefore, a separate agreement must be made between Bike Time and L.C.
management for that lot In addition, Bike Time is responsible for securing its own
electrical service on site (not the City's).
6) Staff recommends that exclusive peddling rights only be considered in the immediate
area of Bike Time (between Shoreline Drive to the East- East of Terrace, Seventh Street
to the West, the lakeshore to the North and Webster Avenue on the South- additional
information will be needed from Bike Time regarding the exact boundaries, with final
approval by staff recommended). First Street from Western to Clay cannot be included in
this request, as it is not public. Mart, should not be a part of this request as it provides for
the only access to the Amazon building while Western is closed off. Staff also has
requested a legal opinion from our City Attorney on this issue.
7) The City will not be tied to notifying Bike Time of requests for use of City facilities.
8) Staff recommends that each beverage tent and liquor request for the Bike Time event be
reviewed by the City for approval.
9) Additional information will be needed regarding equipment for Bike Time. II is
recommended that staff make the final decision regarding rental fees, actual costs,
and/or exchange of concert tickets.
10) Staff recommends that Bike Time seek approval from the City for their specific use of
their own labor pool. There are implications with this, particularly in relation to public
safety staff. In addition, the City is willing to review staffing levels for City personnel with
the Bike Time staff, with the City making the final decision on the number of City staff
needed for the event.
11) The City will provide an estimated list of all fees incurred by Bike Time from the City of
Muskegon.
12) Additional labor and equipment use not outlined in the application will be cleared through
Bike Time, providing it does not involve public safety or an emergency matter.
13) City Staff will plan to meet (in fact, they already have been meeting) with Bike Time staff
regarding staffing levels for City personnel.
City staff recommends approval of the Bike Time request, per the letter from Paul Winter, dated
October 22, 2007, with the exceptions listed above.
RECEIVED
22
CITY OF MUSKEGON
LEISURE SERVICES JRl
October 22, 2007
Bryon Mazade
City Manager
City of Muskegon
P.O. Box 536
Muskegon, MI 49443
Dear Mr. Mazade,
Thank you for your help this Spring in securing City Commission approval for requests made in
our letter dated March 6, 2007 addressed to Ms. Lee Slaughter. The event was a huge success by
any standard, attracting more than 20,000 motorcycles and over 60,000 people. It was enjoyed
by Muskegon residents as well as visitors, many of whom had their first experience along the
West Michigan lakeshore.
Since February 2007, Muskegon Bike Time Events, Inc, has been granted 501(c)(3) non-profit
status. Our objective is to make Muskegon Bike Time into a sustainable annual event which
generates enough revenue to (1) cover all expenses for each year's event-sponsored activities, (2)
build reserves sufficient to satisfy advanced funding requirements for the next year's events, and
(3) fund qualified charitable and civic projects in the greater Muskegon area. We are confident
that the Muskegon Bike Time Event will enhance the reputation of Muskegon as a desirable
tourism destination with all the associated economic benefits. Our request below will serve to
secure the long term viability of the event.
In various discussions over the last 18 months with the Mayor and Commission members, we
have suggested several ways in which the city itself, and possibly surrounding jurisdictions,
could also directly benefit from the event economically. These suggestions include a two week
city tax (over and above state sales tax), city sanitation fee charged to event vendors, and a city
pe1mit or license fee for each vendor. We again encourage the city to consider these long-term
opportunities as the event matures.
To achieve our mutual objectives, we request the City Commission's continued support for
Muskegon Bike Time for the next 10 years.
Original: Leisure Services
PC: B. Mazade, Chief Kleibecker
While the actual locations may change from year to year, in 2008 we specifically request the
following from the City of Muskegon in support of Muskegon Bike Time:
• Fireworks permit for a July 19 show to be shot from a barge over Muskegon Lake.
• Permission for exclusive use of Hackley Park on July 17, 18, 19 and 20 for entertainment
and alcohol beverage areas similar to Parties in the Park.
g CF • Permission for exclusive use of Western and Clay Avenues from Eighth Street to Terrace
- ~ Street for motorcycle traffic and motorcycle parking. Similarly, Morris Avenue from
Terrace Street to 3rd Street, Market Street from Terrace Street to Jefferson Street,
nd
Jefferson Street from Morris to Clay, 1st and 2 Streets from Morris Avenue to Clay
th
Avenue, 3rd Street from the Holiday Inn Entrance to Webster Avenue, 4 Street from the
Holiday Inn entrance to Webster Avenue, 5th Street from Western Avenue to Clay
th
Avenue, Thayer Street from Western Avenue to the LC Walker parking lot, and 6 and
8th Streets from Western to Clay Avenues. Use of these streets is required from noon on
July 16 through noon on July 21. For clarification, these street closure requests are
highlighted in orange on the attached city street map.
• Exclusive use of the city parking lot along Western Avenue across from the LC Walker
th
Arena and the grassy area along Western A venue between ih and 8 Streets for vendors,
and vendor parking. We would request possession at 8:00 AM on Wednesday July 16 to
begin set up and would return possession no later than 12:00 noon on Monday July 21
after teardown and clean up.
• Permission for use of city lots located along Shoreline Drive and 4th Street for parking.
• Grant exclusive peddling and selling rights of any article from a stand, stall, vehicle, pack
or basket, or in any other manner, on any of the following streets, sidewalks and
alleyways in downtown Muskegon during the festival: Webster, Muskegon, Pine, First,
Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Clay, Western, Shoreline,
Morris, Market, Terrace, Thayer, Jefferson, and Division. In addition, we would request
exclusive peddling and selling rights for all City-owned property in the downtown area.
• That the City notify Muskegon Bike Time of any request for use of City facilities during
the time of Muskegon Bike Time before granting permission for its use.
• Permission to set up beverage tents and to sell liquor, beer and wine as part of our liquor
license in all of the above-mentioned areas, including Hackley Park and Heritage
Landing.
• Permission to use the equipment listed on the attached application. While we understand
the need to reimburse the City for all labor costs, we would ask that the rental fee be
waived for any equipment we borrow. In exchange we will provide an equal monetary
value of the rental costs in Muskegon Bike Time concert tickets. This exchange would be
coordinated through the City Manager.
• Muskegon Bike Time be able to use its own labor pool rather than City employees
whenever possible for many tasks previously done by City employees.
• The City provides a complete, detailed list of all fees incurred by Muskegon Bike Time.
• Any additional labor or equipment use not outlined on this application be cleared through
Muskegon Bike Time first, unless it is an emergency or matter of public safety.
• The executive director and the appropriate staff members meet prior to the event to
evaluate and review staffing levels for any and all city personal whose time is to be
reimbursed by the festival.
On behalf of Muskegon Bike Time, I thank you and the City for your consideration of our
request and look forward to our joint efforts that make this event not only "the fastest growing
bike event in the US," but also the most successful.
Sincerely,
Paul Winter
Executive Director
Muskegon Bike Time
149 Shoreline Drive
Muskegon,MI49440
231-727-8463
616-403-2928 Cell
Copies: Steve Warmington, Mayor, City of Muskegon
Jim Derezinski, Chair, Muskegon County Board of Commissioners
Attachments
~
.I ' l I •
II
CITY OF MUSKEGON
RESOLUTION
WHEREAS, the City Commission of the City of Muskegon met on March 25,
2008 at its Regular City Commission and reviewed the request from Muskegon
Bike Time Events, Inc.; and
WHEREAS, Muskegon Bike Time Events, Inc. wishes to hold an outdoor event
July 18 through July 20, 2008 in downtown Muskegon and has requested that
certain streets in the downtown Muskegon area be closed during the event;
NOW, THEREFORE, BE IT RESOLVED that the City Commission
approves the request from Muskegon Bike Time Events, Inc. to close Fourth
Street between Western Avenue and Clay Avenue on July 18 through July
20, 2008.
Dated this 29 th day of May 2008.
CITY OF MUSKEGON
',,,)•
\. ·-.~
( ( , . , . • /e. l \
By\,\Z.i\ \ ;y:::i "\,\, 'u 1 \,?_1.. i ls.
Ann Marie Becker, MMC
City Clerk
May ?P._ 08 03:35p p,2
Michigan Department of Labor & Economic Growth
FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 Request ID# _ _ _ __
Lansing, Michigan 48909-7505
Business ID # 211902
NOTICE OF DEFICIENCY: WITHHOLDING
ISSUANCE OF SPECIAL LICENSE Event Date: 07-18, 07-19
[Authorized by Rule R 436.1103(2); MAC]
07-?n-nR
May 27, 2008
MUSKEGON BIKE TIME EVENTS, INC.
Attn: Paul Winter
149 Shoreline Drive
Muskegon, Ml 49440
Event Locations: Fourth Street between Western & Clay
We are withholding the issuance of a Special License to your organization pending receipt of the
item(s) listed below:
1. Bonds application (part 2) needs original signature of an officer of the applying organization and mailed
back to Liquor Control Commission
2. Contact your Bond Agency; a rider, from your insurance company, is needed to correct the address of
the event location from 401 W Western Avenue to Fourth Street between Western and Clay. The rider
only may be faxed to me at (517) 322-4955
3. Need a copy of the resolution of the street closure signed by the city clerk.
The rider and street closure may be faxed to me at (517) 322-4955
If you have any questions, please do not hesitate to contact me at (517) 322-6362.
Brenda Whitford
Michigan Liquor Control Commission
Special License Section
May ?8 08 03:34p p.1
July 18th •July 20th, 2008
tust the FAX
,
# of Pc1ges (inclu~ing cover) J.....
RE:. __Cl_M_.~_1_,__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
/
I
j
r-,
149 Shoreline Drive • Muskegon, Nil 49440 • 23 /-72 7-TIME (8463) or /-888-72 I-TIME (8463)
FX: 231-727-8428 • www.muskegonbiketime.com
Date: March 25, 2008
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Culvert replacement at the West Branch of Ruddiman Creek, North of
Sherman Blvd. (SP-202)
SUMMARY OF REQUEST:
Award this joint venture project between Muskegon, Norton Shores & Roosevelt Park to
Dykstra Excavating of Grand Rapids since they were the lowest, responsible bidder with a
bid price of $134,382.40. The project entails the replacement of an existing corrugated
metal pipe culvert with a concrete box culvert. This project is not a prevailing wage
contract since the City has only a 37% participation and the other two communities do not
have a prevailing wage requirements.
The award, if approved, needs to be contingent upon securing the necessary permits and
easements.
FINANCIAL IMPACT:
The construction cost of $134,382.40 plus engineering cost which is estimated at an
additional 15% to be shared between the three communities.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the Culvert replacement contract to Dykstra Excavating
COMMITTEE RECOMMENDATION:
SP-202 WEST BRANCH RUDD1MAN CREEK. CULVERT REPLACEMENT
BID TABULATION 03/04/08
DYKSTRA EXCAVATING FELCO CONTRACTORS, INC JACKSON•MERKEY GRIFFELLE DEV LTD SCHIPPERS EXCAVATING WADEL STABILIZATION, INC, MCCORMICK SAND
CONTRACTOR
ADDRESS ENGINEER'S 36TT THREE Ml RD. 856 PULASKI AVE, 555 E. WESTERN AVE. 6226DUM0 RO 9829 LAKE MICHIGAN OR 2500 N, OCEANA OR. 5430 RUSSELL RO
ESTIMATE GRANO RAPIDS, Ml 49534 MUSKEGON, M! 49441 MUSKEGON. Ml 49442 BELDING, Ml 48809 WESTOUVEMI 49460 HART, M! 49420 TWIN LAKE, M! 494557
CITY/ST/ZIP
Item
UNIT PRICE TOTALAMOUN UNIT PRICE TOTAL AMOUNT UNIT PRICE TOTAL AMOUNT UNIT PRICE TOTALAMOUN UNIT PRICE TOTALAMOUN" UNIT PRICE TOTALAMOUN UNIT PRICE TOTAL AMOUN' UNIT PRICE TOTALAMOUN
"·1 Remove Existing 48''Deseriction
CMP/Stream Rerouting
Quantity Unit
1 !sum $ 7,500.00 $ 7,500.00 $ 18,600.00 s 18,600.00 $ 6,000.00 $ 6,000.00 $ 16,875.00 $ 16,875.00 S 20,000.00 $ 20,000.00 $ 5,000.00 s 5,000.00 S 22,168.40 S 22,168.40 S 58,598.00 $ 58,598.00
s s s s 95,103.12
2 8' x 5' Box Culvert 168 !.f. $ 700.00 $ 117,600.00 $ 482.15 s 81,001.20
' 640.00 $ 107,520.00 $
s
500.00 $ 84,000.00 461.43 77,520.24' $ 5S0.00 $ 92,400.00 540.50 $ 90,804.00
8,648.00
566.09
' 5,320.00
3 8'x5' Box Culvert Tapered End Sections 2
"· $ 3,750.00 $ 7,500.00
7,700.00 '
$
3,020.00
52.20
$ 6,040.00
3,654.00 '
$
1,800.00
92.00 $
3,600.00
6,440.00
$
$
5,600.00
75.00
$
$
11,200.00
5,250.00 '
$
6,000.00
285.71
$
$
12,000.00 $ 3,500.00
19,999.70 $ 300.00
$
$
7,000.00
21,000.00 '
$
4,324.00
118.75
'
$ 8,312.50
$
$
2,660.00
112.29
$
$ 7,860.30
4 18" Sanitary Sewer, PVC SOR 35 70 l.f. $ 110.00
' $
s 5,000.00 S 3,500.00 7,000.00 $ 5,630.00 $ 11,260.00 $ 2,563.00 S 5,126.00
5 4' Diameter Sanitary Sewer Manhole
,.,_,_ ,.,,5 ater .,,am, w1tn o yetny,ene
2
"·
,.,
$ 2,000.00 $ 4,000.00 $ 1,640.00
'
3,280.00 1,400.00 $
$
2,800.00
1,260.00
$ 2,645.00
44.00
$
s
5,290.00
1,584.00
$
$
2,500.00
65.00
'
$ 2,340.00 s 175.00
$
s 6,300.00 $ 80.00 s 2,880.00 s 54.00 $ 1,944.00
6
8 · 45 Degree 1:1enas witn po1yetny1ene "
"· s
$ 70.00
' 2,520.00 $
s
45.15
's 1,625.40
's 35.00 $
350.00 1,400.00 $ 750.00 s 3,000.00 $ 380.00 $ 1,520.00 s 247.00 $ 988.00
7 4
s
550.00 $ 2,200.00
s
225.00 900.00
360.00
300.00
250.00
$ 1,200.00
500.00
$
$
300.00
260.00
$
$
1,200.00
520.00
$
s 350.00 '$ 700.00 $ 250.00 s 500.00 s 350.00 s 700.00 s 255.00 $ 510.00
8 8" x 6' Reducer 2
"· 400.00 $ 800.00 180.00 $
s ' ' s 250.00 s 250.00 s 1,000.00 $ 1,000.00 $ 215.00 $ 215.00
9 6" Sleeve
10 4' Diameter Storm Sewer Manholes
1
2 ... '
"· 500.00
$ 1,500.00
$
s
500.00
3,000.00
$
$
180.00
1,515.00 s
180.00
3,030.00
$
$
200.00
1,300.00
$
$
200.00
2,600.00
$
$
240.00
1,900.00
'
$
240.00
3,800.00 $
500.00
2,500.00
'$
500.00
'
5,000.00 S 2,000.00 $ 4,000.00 $ 1,800.00 $ 3,600.00 $ 1,650.00 s 3,300.00
s s s s s 3,120.00 5S.00 $ 2,640.00 $ 28.00 s 1,344.00
11 15" Concrete Storm Sewer, RCP Class Ill 48
... '
l.f. 40.00
s
1,920.00
'
27.85 1,336.80 $ 24.00
s
1,152.00
' 60.00
's
2,880.00 $ 30.00
s
1,440.00 65.00 $
' 1,200.00 $ 2,400.00 $ 300.00 S 600.00
12 Storm Sewer Connection to 8ox Culvert 2 $ 500.00 1,000.00
'
50.00
'
100.00
'
650.00
65.00 s
1,300.00
10,400.00
$
s
155.00
57.00 s
310.00
9,120.00
$
$
2,500.00
25.00 $
5,000.00 $
4,000.00 s
250.00
65.00
$ 500.00
S 10,400.00 $ ' 55.00 $ 8,800.00 s 36.63 $ S,860.80
13 Heavy Rip Rap 160 Syd. $ 50.00 $ 8,000.00
' 45.00 $ 7,200.00 $
s s 6,000.00 s 6,000.00 $ 2,500.00 s 2,500.00 s 4,500.00 s 4,500.00 s 2,500.00 $ 2,500.00
14 Site Clearlng and Removals 1 lsum $ 2,500.00
s
$ 2,500.00 $ 2,500.00 $ 2,500.00
s
2,500.00 $ 2,500.00 3,525.00
' 3,525.00 $
s $ 625.00 s 1.65 $ 825.00
15 Staked Down Straw Matting 500 syd. 3.00
'
1,500.00 $
s
1.35
3,900.00
$ 675.00
3,900.00 s
1.65
4,000.00
$
$
825.00
4,000.00
$ 2.50
$ 15,000.00
$ 1,250.00
$ 15,000.00
$
s
4.00
5,000.00
$
$
2,000.00 $
5,000.00 $ 4,500.00
2.50
s
1,250.00
4,500.00
'; 1.25
7,500.00 s 7,500.00 s 7,100.00 $ 7,100.00
16 Site Restoration 1 !sum $ 2,000.00
Total: '
2,000.00
$ 170,240.00 '
$ 134,382.40 $ 152,297 .oo $ 162,044.00 $ 167,899.94 S 168,720.00 $ 177,357.90 $ 197,194.22
Shormon Culvort fllP TA!3LIVTION 00-04-08 3:23 PM
Date: 03/25/08
To: Honorable Mayor and City Commission
From: DPW
RE: Crack Sealing Machine
SUMMARY OF REQUEST: Approval to purchase a used Crafco 125 crack
sealing machine.
FINANCIAL IMPACT: $12,699.00
BUDGET ACTION REQUIRED: None.
The first quarter budget will be revised to indicate this purchase.
STAFF RECOMMENDATION: Approve purchase from National Highway
Maintenance.
Memorandum
To: Honorable Mayor and City Commissioners
From: DPW
Date: 03/25/08
Re: Crack Sealing Machine
The Highway Department has been renting crack sealing machines
over the last couple of summers to determine what machine best serves
their needs.
At the end of last season they decided that the Crafco Supershot 125
was the quickest most efficient machine.
We were approached in the beginning of March by the Crafco
salesman that the machine that we were renting was available for
purchase and that the company would apply $12,300 of the rent we paid
last year to reduce our cost.
While this purchase was not budgeted in 2008, we feel that the
proposal is in the best interest of all parties.
1
---------- ..
Equipment Purchase - 2008
i
----------,-- . ··-- ---- -------··----·
1-------
'
National Highway Maintenance ·~·-----
P.O. Box 5315 ..
----------
Akron, Ohio ------------ ------··-
·------ -
Type of Vehicle - --------------------
$24,990.00 used price
Crafco Supershot
------------------
$12,300.00 Less 2007 Rental - ---- --,,
125 Diesel melter
----------·--·-· ------ ---------
----. ----- ---- ---- ...
$12,699.00 . Total Cost
!
- -------------- ---------·--- --------- ----
------~
- ----- - -------
I
Date: 03/25/08
To: Honorable Mayor and City Commission
From: DPW
RE: Budgeted Vehicle Replacement
SUMMARY OF REQUEST: Authorize staff to purchase six (6) 2008 Crown
Victoria Police Interceptors from Whitehall Ford since they were the lowest
bidder with a bid price of $124,014.00.
FINANCIAL IMPACT: $124,014.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff the purchase the cruisers from
Whitehall Ford.
Memorandmn
To: Honorable Mayor and City Commissioners
From:DPW
Date: 03/25/08
Re: Budgeted Vehicle Replacement
The Equipment Division has scheduled the replacement of six Crown Victoria
Police Interceptors for 2008. These vehicles will be set up with video systems, light
bars, and radar units and be used as police patrol cars.
We have requested prices from area dealers as well as the statewide purchasing
contract. The Whitehall Ford bid is the bid the equipment division is recommending
since they submitted the lowest bid. Attached is a summary of the bids.
In accordance with established purchasing policy, we are requesting permission
to purchase six Crown Victoria Police Interceptors from Whitehall Ford.
1
Equipment Purchase - 2008
··-·· ---- ·--··1 ---- -----,---------- -------~-----------
0
._. ••. ··-----------------------
>-------------j~;4~ :\~~s~~:y1
~ -------- <--------
1
~::~~::e;::~el 383:o;~i~~i~~; NE IWhit;::~ ~:;:y
Type of Vehicle _J_Per,y Mi 48872 [Muskegon Mi 494421Grand~apidsMi 4!!5251Whitehal1Mi.49461
-------------------1------+----------j--------------f--------l
6- _c
__ •o
___w_11- Ylc_ _ _t o--ri_a_ $-2_ o_ ,~58.0_()l _____$2_(),.7000 0()_1_ $20,855-'-9§_J_ __ $20,669.00
Police
- Interceptors ___ ____ _ _ _ _ _ _ _ _ - - - - t - -_ __
Total $125,748.00 ; $124,200.00 $125,125.70 , $124,01-i.oo_
-------- --,
j I
Date: March 11, 2008
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
ESTES ST., FAIR AVE. TO LAKESHORE DR.
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Estes St, Fair Ave. to Lakeshore Dr.
project, and to create the special assessment district and appoint two City Commissioners to the Board of
Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment district and assign two City Commissioners·to the Board of Assessors by
adopting the attached resolution
COMMITTEE RECOMMENDATION:
O:IENGINEERINGICOMMON\2008 PROJECTS MASTERIPROJECTSIESTES ST FAIR TO LSD\creote speciol oasessll)ent district for Estes 03-11-08.doc
CITY OF MUSKEGON
Resolution No.· - - - - -
Resolution At First Hearing Creating Special Assessment District
For: Estes St. from Fair Ave. to Lakeshore Dr.
Location and Description of Properties to be Assessed:
See Exhibit Aattached to this resolution
RECITALS:
l. A hearing has been held on March 11, 2008 at 5:30 o'clock p.m. at the City Commission Chambers,
Notice was given by mail and publication as required by law.
2. That estimates of costs of the project, a feasibility repo1t and valuation and benefit information are on file
with the City and have been reviewed for this hearing.
3. At the hearing held March 11, 2008, there were ___% objections by the owners of the property in the
district registered at the hearing either in writing received before or at the hearing or by owners or agents
present at the hearing, and the Commission has considered the advisability of proceeding with the project,
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project including all assessable
expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the value of the benefit to
be received by each property proposed to be assessed in the district after the improvements have been
made. The City Commission determines that the assessments of costs of the City project will enhance the
value of the properties to be assessed in an amount at least equivalent to the assessment and that the
improvement thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the prope1ty set forth in
Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the feasibility study and
estimates of costs, and directs the City Engineer to proceed with project design, preparation of
specifications and the bidding process. If appropriate and if bonds are to be sold for the purposes of
financing the improvements, the Finance Depmtment shall prepare plans for financing including
submission of application to the Michigan Department of Treasury and the beginning of bond proceedings.
O;\BNGINEBRING\COMMON\2008 PROJECTS MASTBRIPROJECTS\ESTBS ST FAIR TO 1,~D\creute special assessmont district for Estes 03-11-08.doc
3, The City Commission hereby appoints a Board of Assessors consisting of City Commissioners
_ _ _ _ _ _ _ _ _ _ _ _ _ and _ _ _ _ _ _ _ _ _ _ and the City Assessor who are
hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately
~:~~ of the cost of the street improvement will be paid by special assessments. ·
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all owners and
persons interested in properties to be assessed of the hearing at which the City Commission will consider
confitmation of the special assessment roll,
This resolution adopted.
Ayes____________________________________
Nays_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ __
Ann Marie Becker, City Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 11, 2008. The meeting was
properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts
of 1976.
CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Ann Marie Becker, City Clerk
O:IENG!NEERING\COMMON\2008 PROJECTS MASTER\PROJECTSIESTES ST FAIR TO LSD\create SJJ33 Terl'llce Str~et, P.\O. Q,ox 536, Muskegon, Ml. 49443•0536
A second· public hearing will be held to confirm the special assessment roll after the
project Is urider way. You will be mailed a separate notice for the second hearing. At
this second hearin_g the special assessment costs will be spread on the affected
properties accordingly. YOU ARE HEREBY. NOTIFIED THAT YOU HAVE A RIGHT TO
PROTEST.YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN
. WRITING OR IN PERSON AT THIS HEARING, IF THE SPECIAL ASSESSMENT
ROLL IS CONFiRMED AT THE SECOND HEARING, YOU WILL HAVE THIRTY (30)
~:~~fLR~~~~~f~T~H~~;~;ii~~~~~-~:J~fL~~J-J~J;J~~ tN~;~~T~~u
PROTEST At THE INITIAL HEARING OR AT THE SECOND HEARING CONFIRMING
THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE ORAT THE
HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST. '
By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment In writing at or bt:1fore the hearing, the Improvement shall
not be made unless the City Commission determines by affirmative vote of all its
m.ember~·tliat the safety or health of'the public necessitates the· improvement.
Estimated Costs
The total estimated cost of the street portion of the project is $135,000, of which,
approximately 30% ($41,516.80) will be paid by property owners through iipecial
assessment. Your property's estimated share.of the special assessment Is shown on
the attached hearing_ response caret The remaining costs will be paid by the City.
The street special assessment, which covers improvements to the roadway, may.be
paid In lnst~Hments over a period of up fo ten (10) years. Any work on drive approaches
{)r sidewalks will be-assessed to the property at actual contract prices and these costs
may also be paid In installments over ten {1 O) years. Please note this work Is In ·
addition to the' $treat special: assessment.
. .
Pl_l3a~e refer to th@ enp!~s~d s~eet entitled Special ~S§fil!l~W!llllt e,@yment Options for
more Information on the payment options and financial assistance ·programs available.
I ·urg~ you to return the enclosed Hewing Response Cprd indicating your preference
and to attend the scheduled public hearing•. Your views are Important to the City and to
your neighbors. Additional information, Including preliminary project plans and cost
estimates ar~ available in the Engineering Department located on the seco11d floor of ·
City Hall, Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through
Friday_ except holldays. ·
Sincerely,
/)7)~~
Mohammed AI-Shatel, P.E.
City Engineer ·
February 29, 2008
The City of Muskegon Is asking for your support for Improvement of the street adjoining your
property located a t _ . . , ·
The City of Muskegon believes that by making the_ proposed street Improvements you will
have less road noise, dust, and wear and tear on your vehicle. In addition, street
improvements provide easier access for delivery of services such as snow plowing and mail
delivery.
Called a special assessment district, the largest percentage of the proposed street
Improvement will be paid for by· the City of Muskegon (via local fundS. and or grants); however,
It will be necessary for you to cover a share of the cost (which you ·can spread over a period of
ten years)· based on lhe amount of property you own bordering the street. A description of the
project, including the associated cost to you and the City, is located in the documents
attached to this letter. ·
While the City of Muskegon believes· that the proposed Improvements will result In a safer and
cleaner street while adding curb appeal to your property, you do have the right to ask further
questions, decline, or protest participation In this particular project.. Please carefully review the
enclosed materials and call the City's Engineering Department at 724-6707 if you require
more information. ·· ·
A public hearing is _also scheduled for this project on MARCH 11, 2008. If you attend this
public hearing you wlll t'le given an opportunity to make comments on the proposed special
assessment district to the commission.
Also located in this packet of materials is a Special Assessment Hearing Response Card. If
mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing
your vote will be added to the tabulation of votes during the·publlc hearing. If you do not send
In this form your vote counts as "in favor" of the project.
Thank you for your participation in Improving the quality of fife in the Muskegon community.
O:\BNOINEERINO\flsherst\Spee Assessment\ESTBS SA Intro lotter of special assessment letter, NO MERGE.doc
Special Assessment Payment Options
Property. owners In the City of Muskegon who are being spe1:lally asseHed for street, sidewalk or other publlG
improvements may pay their assessment In the following ways: · ·
l• Lump sum
Payment fn full
Assessments may be paid In full within sixty (60) days ofthe confirmation of the !9pecial assessment roll
without Interest. ·
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid In Installments over several years as folloi,vs:
Street and Alley Assessments - Ten (1 O) years equal annual principal payments.. For example, If the
amount of your assessment Is $850.00, you will be billed $85.00 per y1:1ar plus applicable Interest as
described below.
Driveway, Sidewalk, and Approach Assessments· Ten (10) years equal annual principal payments
plus applicable interest as described below. ·
lhterest- Simple Interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the Interest you are charged Is equal to the Interest rate the City
must pay on the borrowed money plus 1.00% .
. 11i~pecial Assessment Deferral (Low Income Seniors and Disabled Persons/
· To qualify for a special assessment deferral you or your spouse· (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homesteeid ·
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household Income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
.·. U.rider this program the State of Michigan will pay the entire balan1:e owing of the special assessment,
Including dellnqllent, current, and further installments .. At the time of payment a lien wlll be recorded on your
property in favor of the Slate of Michigan. Repaym·ent to the Slate must be made at the time the property Is
sold or transferred or after the death of the owner(s). During the time the special assessment Is deferred
Interest Is accrued at the rate of 6.00% per year.
IV, Further Information About the Above Programs . .
Further Information about any of the above payment options may be obtained by .oalllng either the City
Assessor's Office at 724•6708 or the City Treasurer's Office at 724-6720. Appl/aatlons may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assl,?tance
Qualified low and moderate Income homeowners who are being assessed may be eligible for payment
asslstanoe through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further lnform11tlon and
determine whether you are eligible, contact the Community and Neighborhood Services Oeparlment at
724-6717. . . .
CITY OF MUSKEGON
ESTES ST,, LAKESHORE TO FAIR H-1632
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
Name: _ _ _ _ _ _ _ _ Blrthdate:________soclal Security# _____•_ _
Spouse:._ _ _ _ _ _ _ _ _ _ _~___ Blrthdate: Social Security# _____•_ _
Address:--------------'-·Phone:____________,Race:
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handlc~pped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment _letter for this infonnatlon)
Number Living In Household: _ _ _~·List information for household members besides owner/spouse here.
Name_ _ _ _'--_ _ _ _ _ _ _ _,___Blrtl1date._ _ _ _ _ _ ___.Soclal Security# _ _•_ _•_ _
Name Blrthdate Social Security#_._ _•_ _
Name ~lrthd~!~ Social Security# _ _•_ _- ~
Namc._ _~_ _ _ _..__ _ _ _ _ ____,Blrth,iate'-_ _ _ _ _ __,Soclal Security# _ _•_ _•____
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I '
SPECIAL ASSESSMENT H-1632
RECONSTRUCTION HEARING DATE: MARCH 11, 2008
ESTES ST., FAIR AVE. TO LAKESHORE DR.
1 BRADFIELD STEVEN J/SUSAN L ASSESSABLE FEET: 36.00
24-205-622-0011-00 . 2096 ESTES ST COST PER FOOT: $32.00
@ 2096 ESTES ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,152.00 1
2 HOLT MICHAEL P/CATERINA ASSESSABLE FEET: 36.00
24-205-622-0011-10 2090 ESTES STREET COST PER FOOT: $32.00
@ 2090 ESTES ST · MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,152.00 I
3, JOHNSON TERENCE A ASSESSABLE FEET: 66,00
24-205-622-0012-00 2331 PLEASANT HILL COST PER FOOT: $32.00
@ 2086 ESTES ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,112.00 I
4 CARLSON LINDA K ASSESSABLE FEET: 66.00
24-205-622-0013-00 2074 ESTES ST COST PER FOOT: $32.00
@ 2074 ESTES ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,112.00 I
5 MORENCY R E JR TRUST ASSESSABLE FEET: 67.00
24-205-622-0014-00 2066 ESTES ST COST PER FOOT: $32.00
@ 2066 ESTES ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,144.00 I
6 . WEATHERBEE JAMES ASSESSASLE FEET: 65.00
24-205-622-0015-00 4236 W GILES RD COST PER FOOT: $32.00
@ 2056 ESTES ST MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $2,oao.oo I
2/28/2008 Page 1 of4
RECONSTRUCTION HEARING DATE: MARCH 11, 2008
ESTES ST., FAIR AVE. TO LAKESHORE DR.
7 STAPLE JOSEPH R/LAURA E ASSESSABLE F~ET: 67,00
24-205-622-0016-00 2046 ESTES ST COST PER FOOT: $32,00
@ 2046 ESTES ST MUSKEGON Ml 49441 E;STIMATEO P.O. COST: I $2,144,00 1
8 STRAND MATTHEW V/LISA M ASSESSABLE. FEET: 66.00
· 24•205°822-0017-00 203p ESTES ST COST PER FOOT: $32,00
@ 2036 ESTES ST MUSKEGON Ml 49441 ESTIMATE.D P.O. COST: I $2,112.00 1
9 SPRAGUE RONALD ASSESSABLE FEET: 66.00
24-205-622-0018·00 2024 ESTES ST COST PER FOOT: $32.00
@ 2024 ESTl=S ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,112.00 1
10 OLSEN DEREK A/OLSEN JAMES ASSESSABLE FEET: 63.00
24-205-622-0019-00 2016 ESTES ST COST PER FOOT: $32,00
@ 2016 ESTES ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,010.00 1
11 . HITTLE ROSA ASSESSABLE FEET: 63.00
24-205-622-0020-00 2008 ESTES ST COST PER FOOT: $32.00
@ 2008 ESTES ST MUSKEGON Ml 49441 ESTIMATED P.6. COST: I $2,010.00 I
12 LAKESIDE VETERANS CLUB ASSESSA8LE FEET:. 155,00
24-205-622-0021-00 . 1777 LAKESHORE DR COST r,eR FOOT: $32.00
@ 1777 LAKESHORE DR MUSKEGON Ml 49441 ESTIMATED P.O. COST: I: $4,900.00 1
13 MASTENBROOK MARJORIE TRU ASSESSABLE FEET: 73.00
24-206-623-0001-00 18364174TH AVE COST PER FOOT: $32.00
@ 1815 HARRISON AVE SPRING LAKE Ml 49456 ESTIMATED P.O. COST: I $2,330.00 1
2/28/2008 Page 2 of4
RECONSTRUCTION HEARING DATE: MARCH 11, 2008
ESTES ST:, FAIR AVE. TO LAKESHORE DR.
14 HAAKSMA FREDA A ASSESSABLE FEET: 37.25
24-205-623-0002-10 2029 ESTES ST COST PER FOOT: $32.00
@ 2029 ESTES ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,102.00 1
15 BORGESON ROGER/CAUGHEY ASSESSABLE FEET: 45.00
24-205°623-0011-00 2091 ESTES ST COST PER FOOT: $32.00
@ 2091 ESTES ST MUSKEGON Ml 49441 ESTIMATED P.Q, COST: I $1,440.00 1
16 HYHK LLC ASSESSABLE FEET: 50.00
24-205-623-0012-00 1042 TERRACE ST COST PER FOOT: $32,00
@ 2075 ESTES ST MUSKEGON Ml 49442-332 ESTIMATED P.O. COST: I $1,eoo.oo 1
17 HYHKLLC ASSESSABLE FEET: 74.25
24-205-623-0013-00 1042 TERRACE ST COST PER FOOT: $32.00
@ 2063 ESTES ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: ·I $2,31e.oo 1
18 PARAGON BANK & TRUST ASSESSABLE FEET: 74.25
24-205-623-0014-00 240 E8TH ST COST PER FOOT: $32.00
@ 2055 ESTES ST . HOLLAND Ml 49423 ESTIMATED P.O. COST: I $2,31a.oo 1
19 CURRIER REBECCA A TRUST ASSESSABLE FEET: 68.25
24-205-623-0015-00 15894 VINECREST AVE COST PER FOOT: $32.00
@ 2043 ESTES ST SPRING LAKE Ml 49456 ESTIMATED P,Q, COST: I $2,104.00 1
20 VERIZON INC ASSESSABLE FEET: 59.40
24-205-624-0001-00 P O BOX 152206 COST PER FOOT: $32.00
@ 1831 LAKESHORE DR IRVING TX 75015 ESTIMATED P.O. COST: I $1,000.ao 1
2/28/200B Page 3 of 4
RECONSTRUCTION HEARING DATE: MARCH 11, 2008
ESTES ST., FAIR AVE. TO LAKESHORE DR.
SUM OF ASSESSABLE FOOTAGE: 1297.40 PROJECT LENGTH: FEET
TOTAL NUMBER OF ASSESSABLE PARCELS 20 ROADWAY RIGHT-OF-WAY LENGTH: FEET
ESTIMATED PROJECT COST: $135,000
SUM OF EST. PROP.OWN. COSTS:! $41.516.80 !·
2/28/2008 Paae 4 of 4
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MARCH 11, 2008
Project Title: ESTES ST., FAIR AVE. TO LAKESHORE DR.
Project Description: RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1815 HARRISON AVE
Parcel Number 24-205-623-0001-00
RECEIVED
Assessable Frontage: 73 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $2,336.00 City Clerks Office
Property Description
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 BLK 62
Your vote COUNTS!
•
Please vote either in favor or opposed to the. Special Assessment Street Paving Project.
I AM IN FAVOR 1AM OPPOSED
'f:f'%• m1'3:5·+i- <2..,i• 1tt b•1 c)
n\_1t)J\,'-\ 8
Owner CoOwner/Spouse __
, _ _ _ _ _ _ _ _ __
1
Signature ~/\,~ ~'~Ji;.,J Signature
Address J@iJi l 11 e,f I/~ 3wL'°-t
A9dress
f.M Lf?{l l
13
Thank you for taking the time to vote on this important issue. MASTFMSGOtll< MARJORIF. LP.LI
"
1111
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MARCH 11, 2008
Project Title: ESTES ST., FAIR AVE. TO LAKESHORE DR.
Project Description: RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2096 ESTES ST
Parcel Number 24-205-622-0011-00
Assessable Frontage: 36 Feet
Estimated Front Foot Cost: $32.00 per Foot
c·ty
$1,152.00
I Clerks 0"'
ESTIMATED TOTAL COST II/Ce
Property Description
CITY OF MUSKEGON REVISED PLAT OF 1903 S 1/2 LOT 11
Your Vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street P a v i ~
CoOwner/Spouse
I AM OPPOSED
Sl,l.SQJl 0
l:::J
< I
Owner "¼oa£.:.~£.i..1.;...,:~~~~oti.J/.ll;:;'CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Signature Signature
Address Address
LAKESIDE VETE-RANS CLUB
" \
I
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MARCH 11, 2008
Project Title: ESTES ST., FAIR AVE. TO LAKESHORE DR.
Project Description: . RECONSTRUCTION
. . .
)l~STRUCTIONS aitRe}apql~ti§lotvotes·forv1ardedto
. . ~"'· • .· , . ,. ,.:, e;,o'f~::.11111;11;,,?&i+
,.,}f;{!,~ V,,ill9/ .......... ur¢t6~eal the form:With asmaff piece of tape or staple prior to mailing. IF
·" YoubONOTSEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2024 ESTES ST
Parcel Number 24-205-622-0018-00 RECEIVED
Assessable Frontage: 66 Feet
Estimated Front Foot Cost: $32.00 per Foot City Clerks Office
ESTIMATED TOTAL COST $2,112.00
Property Description
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 18 BLK 6
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED ~
Owner
Signature
---------- CoOwner/Spouse
Signature
------------
Address Address
9
Thank you for taking the time to vote on this important issue. ,,ae,Gua RONALD
·. RECEIVED
SPECIAL ASSESSMENT
. MAR; o 7nflR
HEARING RESPONSE CARD
Cl Clerks Office
0 RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MARCH 11, 2008
F'roject Title: ESTES ST., FAIR AVE. TO LAKESHORE DR.
Project Description: RECONSTRUCTION
- ,: _·-:·_" __ ·:- -_ ..
.- ,
INSTRUCTIONS
If you wish fo have your written vofo included as part ofthe tabulation of votes forwarded to.
·· the City Commission for the scheduled public hearing, please return this card by the date
· indicated above. To use this response card please indicate whether you Oppose or Favor -:.•
this special assessment project, sign the form and return it to the City Clerk's Office. To
return thi~ card by mail,· simply fold on the dotted lines so the address on the reverse side is
showing., Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO 1NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
. PROJEO!- •· . . ·... . . .
Assessment Information·.
Property Address: 2056 ESTES ST
· ParcelNumber . 24-205-622-0015-00 .·.
Assessable Frontage: 65 Feet
Estimated Front Foot Cost: . $32.00 . per Foot
ESTIMATED TOTAL COST $2,080.00
Property Description
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 15 BLK 6
Your vote COUNTS!
• .·..• ·. .·
· Please vote either in favor or opposed to the Special Assessment Street Paving Project.
IAMl~FAVOR I AM OPPOSED~
Owner . . .• ~~slve_qy~r(~e,Cob;i.ner!Spouse fjft) . L. NtaJA~(i
Signature ~:~~ ·• ·. Signature
Address :ZoS-1{ cS/4s · 5~{'ce,,7 Address t.o t=s-les Stred
Thank you for taking the time to vote on this important issue. · wEArHrnaEe JAMes 6
City of Muskegon City Commission Chambers
Public Hearing
March 11, 2008 at 5 :30 p.m.
Subject: Repaving of Estes St., Fair Ave to Lakeshore DR.
Ray E Morency,Jr.
2066 Estes St.
A statement of my objections to this project.
Honorable Mayor
City Commissioners
And interested parties in attendance.
I am listing some of my objections to this proposed special assessment.
I. Timing and notification.
2. Property values.
3. Your reasons for the so called improvement, road noise, dust, wear and tear on
your vehicle. Improved curb appeal
4. Mail man and snow plow?
5. Home and property have been in the family since 1863
6. Adjacent property, devaluating my property.
7. Suggest we should be centering our efforts on something other than public side
streets.
8. After contacting a few of the people that have gone through this same situation, I
fear that I may be speaking to deaf ears.
9. Age of the street.
10. Histo1y of Estes St.
11. City income tax: What portion does the dept. of engineers get which should go for
UP KEEP of our public streets.
12. What has been the logic: Mann, Moon then they decide to skip Torrent, and
Blodget. I notice that one of the I st streets to be done was adjacent to a tavern in
Lakeside, and from the pictures I have, it wasn't in as bad shape as the other
streets in the area.
13. New ideas seem to be shot down when they are presented by individuals with
vision, namely John Vanderstelt and Dick Borgeson.
14. I hope everyone that is paying for their share of this project realizes we will be
responsible for any override.
15. Closing remarks,
16. State my request to the Commissioners.
17. Thank you for this opportunity and taking time from your busy schedule to listen
to my comments. I ask that you take them seriously with consideration for the
people concerned and those who pay their City Property and Income Taxes on
time.
H-1630 ESTES ST., FAIR AVE. TO LAKESHORE DR.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
FEET PERCENTAGE TOTAL NUMBER OF PARCELS - 20
FOR OPPOSE
LETTER# ST# ST NAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 1297.40 ••• . 10 2016 ESTES 24-205-622-0019-00 63.00
9 2024 ESTES 24-205-622-0018-00 66.00
FRONT FEET OPPOSED 930.50 71.72% 14 2029 ESTES 24-205-623-0002-10 37.25
RESPONDING FRONT FEET IN FAVOR 0.00 0.00%
.. 7
18
'6
2046
2055
ESTES
ESTES
24-205-622-0016-00
24-205-623-0014-00
24-205-622-0015-00
67.00
74.25
65.00
2056 ESTES
NOT RESPONDING - FRONT FEET IN FAVOR 366.90 28.28% 5 2066 ESTES 24-205-622-0014-00 67.00
TOTAL FRONT FEET IN FAVOR 366.90 28.28% .. 4
16 ·
2074
2075
2086
ESTES
ESTES
ESTES
24-205-622-0013-00
24-205-623-0012-00
24-205-622-0012-00
66.00
50.00
66.00
3
15 2091 ESTES 24-205-623-0011-00 45.00
1 2096 ESTES 24-205-622-0011-00 36.00
13 1815 HARRISON 24-205-623-0001-00 73.00
12 1777 l.,!\KESHORE 24-205-622-0021-00 155.00
TOTALS 0.00 930.50
• OWNERS VOTED @MEETING 03/11/08
•• HEARING RESPONSE RECEIVED AFTER 03111/08
TABULATED AS OF: 03:53 PM 3/19/2008 3:53 PM TABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON ESTES
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Estes St., Fair Ave. to Lakeshore Dr.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED
STATES MAIL RECEPTACLE ON THE 2~ 1J~AY OF FEBRUARY, 2008.
~~ ~ J\ A •J ~ L ()(~
ANN BECKER, CITY CLERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
of 911, DAY OF a;ft:tl
,2008.
d m-& tdlii
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9-
,1S-- :2. O I 2.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
. IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is proposing that
special assessment districts be created for the following projects:
BEIDLER ST,, LAKETON AVE. TO SOUTHERN AVE.
ESTES ST., FAIR AVE. TO LAKESHORE DR.
ISABELLA AVE., AMBROSIA ST. TO WILLIAMS ST.
SEVENTH ST., WEBSTER AVE. TO MUSKEGON AVE.
ROBLANE ST., QUARTERLINE RD. TO MARLANE RD. (2"4 Notice)
The specific locations of the special assessment districts and the properties proposed to be assessed are:
All parcels ab)ltting Beidler Street from Laketon Ave. to Southern Ave.
All parcels abutting Estes St. from Fair Ave. to Lakesbore Dr.
All parcels abutting Isabella Ave., from Ambrosia St. to Williams St.
All parcels abutting Seventh St. from Webster Ave. to Muskegon Ave.
All parcels abutting Roblane St, from Quarterline Rd. to Marlane St, (2"4 notice)
The City Commission proposes that the City and property owners by means of special assessments will share the cost of
improvement. You may examine preliminary plans and cost estimates in the City Hal.I's Engineering Department
during regular business hours• between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays.
PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION
CHAMBERS ON MARCH 11, 2008 AT 5:30 O'CLOCK P,M.
PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN
WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A
LATER HEARING) YOU WILL HA VE THIRTY (30) DAYS FROM THE DATE OF THE ROLL'S
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL.
HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING CONFIRMING THE ROLL,
EITHER IN PERSON, BY YOUR AGENT OR REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE
HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST,
By City Charter, if the owners of more than one-half of the properties to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission
detennines by affirmative vote of all its members that the safety or health cif the public necessitates the
improvement. ·
PUBLISH: March 1. 2008 Ann Becker City Clerk
ADA POLICY
The City will provide necessary appiopriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Ann Becker City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 ot·TDD (231) 724-6773
\\Muskdata\Data\ENGINEERING\COMMON\2008 PROJBCTS MASTER\PROJECTSISEVENTH ST., WEBSTER AVB ·To MUSKEGON AVB\create special
nssessmcnt district for Seventh 03-11-08,doc
ENGINEERING FEASIBILITY STUDY
Seventh St.from
Muskegon Ave. to Webster Ave.
The proposed reconstruction of Seventh St. between Muskegon Ave. & Webster Ave,, see attached special
assessment district map, was initiated by the City due to the street conditions. The improvement being proposed
consists of a complete removal of all existing pavements including curb and gutter and the placement of a new
street pavement that will include a new curb and gutter. The proposed reconstruction is the most effective method
especially with the needs for· other improvements such as widening the street to a 34' section instead of the existing
27'. The existing pavement condition is below 25 (out of 100) is which well below acceptable.
A memorandum from the Assessor's office, which addresses appraisal and- benefits to abutting properties, is
attached. ·
The preliminary cost estimate for the work associated with paving is apprnximately $85,000.00 with the length of
the project being approximately 236 lineal feet or 376 feet of assessable front footage. This translates into an
estimated imprnvement cost ·of $226.00 per assessable foot. However, based on the 2008 assessment figure for this
type of improvement, the assessment will not exceed $32.00 per assessable foot.
O:IENGINEERING\COMMON\2008 PROJECTS MASTBR\PROJECTS\SEVBNTH ST., WEBSTER AVE TO MUSKEGON AVE\creotc special assessment dls!rlctfor
Seventh 03~11-08.doc
MUSKEGON COUNTY
MICHIGAN
February 20, 2008
BOAROOF Mohammed Al-Shatel, City Engineer
COMMISSIONERS
City ofMuskegon
James J. Derezinski 933 Terrace Street
Chair, District 4 Muskegon, Ml 49443
I. John Snider II
Vice Chair, District 3
Mr. Al-Shatel:
P. Don Aley In accordance with your request, I have examined the proposed special assessment
Dlstrlct7 district entailing the reconstruction of Seventh Street from Webster Avenue to
Charles 1-. Buzzell Muskegon Avenue (Project# H-1637). The purpose of this analysis is to document
District 2 the reasonableness of this special assessment district by identifying and quantifying any
Lew Collins
accrued benefits. It is subject to the normal governmental restrictions of escheat,
District 6 taxation, police power and eminent domain. The effective date is February 20, 2008.
Marvin R. Engle The proposed special assessment district encompasses primarily residential properties.
District 5 The City of Muskegon's Engineering Department has provided all frontage estimates
BIIIGIII in accordance with the City's Special Assessment Policy and all project-related costs.
District 8 The total project cost is estimated to be $85,000. The amount of money to be spread
lx 536. MuAkelfnn. Mr dl>dd'I.R'lt,;
A second public hearing wlll be held to confirm the special assessment roll after the
project is under way. You will be malled a separate notice for the second hearing. At
this second hearing the special assessment costs will be spread on the affected
properties accordingly. YOU ARE HERl;:BY NOTIFIED THAT YOU HAVE A RIGHT TO
PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN
WRITI_NG OR IN PERSON AT THIS HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED AT THE SECOND. HEARING, YOU WILL HAVE THIRTY (30)
DAYS FROM THE DATE OF CONFIRMATION OF THE ROI.L TO FILE A WRITTEN
APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU
PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING CONFIRMING
THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEt=ORE OR AT THE
HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
By City Charter, If the owners of more than one-half of the properties to be assessed
shall object to the assessment In writing at or before the hearing, the Improvement shall
not be made unless the City Commission determines by affirmative vote of all its
members th!ilt the safety or health of the pubflc necessitates the Improvement.
Estimated Costs
. The total estimated cost of the street portion of the project Is $85,000, of which,
approximately 14.2% ($12,032.00) will be paid by property owners through special .
assessment. Your property's estimated share of the special assessment is shown on
the attached hearing response card. The remaining costs will be paid by the City.
The street special assessment, which covers improvements to the roadway, may be
paid In Installments over a period of up to ten (10) years. Any work ori drive approaches
or !llldewalks will be assessed to the property at actual contract prices and these costs
may also be paid In Installments over ten (10) years. Please note this work Is in
addition to the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more Information on the payment options a11d financial assistance programs available.
I urge you to return the enclosed Hearing Response Card indicating your preference
and to attend the scheduled public hearing. Your views are important to the City and to
your neighbors. Additional Information, Including preliminary project plans and cost
el!timates are available In the Engineering Department located on the second floor of
City Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through
Friday except holidays.
Sincerely,
~,,/(
Mohammed AI-Shatel, P.E.
City Engineer
Special Assessment Payment Options
Property owners In the City of Muskegon who are being specially assessed for street, sldewalk or other publlc
Improvements may pay their aseess111ent In the following ways:
I. Lump Sum Payment In EUil . . .
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without Interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid In Installments over several years as follows:
Street and Alley Assessments-Ten (10) years equal annual principal payments. For example, If the
amount of your assessment Is $850.00, you will be billed $85,00 per year plus applicable Interest as
described below. · ·
Driveway, Sidewalk, and Approach Assenments • Ten (10) years equal annual principal payments
plus applicable Interest as described below. ·
Interest- Simple Interest Is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the Interest you are charged Is equal to the interest rate the City
must pay on the borrowed money plus 1.00%,
Spec/a/ Assessment D,&rral (L'OW Income Seniors and Dlub/ed'Persons)
. Ill.
To qualify for a special assessment deferral you or your spouse (If jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned ·and occupied the homestead
being assessed for five (5) years or more ..
• Be a citizen of the U.S.
• Have a total household Income not In excess of $16,823.00
• Have a special assessment of $300.00 or m~re. ·
Under this prograrn the State of Michigan will pay the entire balance. owing of the special assessment,
. ll'lcludlng delinquent, current, and further installments. At the time of payment a lien wm be .recorded on your
property in favor of the State of Michigan. Repayml'!nt to the State must be made at the time the property Is
sold or transferred or after the death of the owner(s). During the time the special assessment Is' deferred
interest Is accrued at the rate of 6.00% per year, ·
I\!, Further Information About the Above Programs
Further Information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at724-6720. Applications may be obtained at
the Muskegon County Equalization Office In the Muskegon Counly bµi/ding or City of Muskegon Assessor's
Office in City Hall.
V. Addltlonal-Snec/al Assessment Payment Assistance
Quallfted low and moderate Income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program wlll be available to the extent that funds are available. To obtain further Information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
"7~A R'711"7
CITY OF MUSKEGON
SEVENTH ST., MUSKEGON TO WEBSTER H-1637
CJ>BG APPLICA,TION FOR WAIVER OF SPECIAL ASSESSMENT
Name:_·_ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate:._ _ _ _ _ _ _.Social Sec,urlty # _ . _ · _ ._ _
Spouse:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birllldate:._ _ _ _ _ _ _ Soclal Security#~·--·--
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ ~ hone: ____________.Race:
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _O.wner/Spouse Legally Handlca~ped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this lnfonnation)
Number Living In Household:_ _ _ _.List information for household members besides owner/spouse here.
Name·--------------~Blrthdate'--_ _ _ _ _ __,,ocial Security#_._ _. _
Name Blrthdate Social Security# _ _•_ _•_ _
Name Blrthdate Social Security# _ _•_ _•_ _
Naine Blrthdate Socl~I Security# _ _•_ _•_ _
$_ _ __
ANNUAL Househol_d Income: Wage earner:
(Must Include !ill household income)
Wage earner:
· Wage earner:
W11ge earner:
Total: $
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: ______________ Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property 18l:..'. X,/
/) Q
Its:( 2 f $,'1I'.( e .+ y~
O:\P!anning\COMMON\Environmental\2008 bids_notices\terrace contract\Final 2008 terrace clean.up contract.doc
9
Schedule l of Agreement
CONTRACT PRICE PROPOSAL
This proposal is for clean up and transportation labor based upon each individual clean-up assignment.
2-Year Bid 3-Year Bid
I. Fee to pick up first ½ ton.
/bi a:t t ~d,.,.
2. Fee to pick up ½ - I ton.
~ 35" •.3;-
3. Fee to pick up I - 2 tons.
"qg t1i9
4. Fee to pick up over 2 tons
Fee to be determined on a case by case basis.
EQUIPMENT LIST
List all of the equipment that you own or have access to for this contract.
TRUCK Date Owned or Leased Name of Lessor Name of Vendor
W/LARGE TRAILER
Year/Make/Model
~
I. ~CO I ~-.2S'O ~ ~-q~t(;,~ ;is-~
.2. ,;;>ooo,,,. F-2-~o ~ ~ - :Ji<:t'-1 ®&f {(p ~
3. ;Joo 3 -E-2..s-o a~ -!,,.,'(),A~ J/X 12- c2 UMf Is:-~
4. .20DI 1=-Z~o 5
~ 7 X'!(p ~
CAMERA Date Owned or Leased Name of Lessor Name of Vendor
Type/How Many?
~
I. Ilo K~ ~ ~ ~ LR . 2 fY\ p
2. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
3. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
4.
O:\Planning\COMMON\Environmental\2008 bids_notices\terrace contract\Blank terrace clean-up contract.doc
10
Planning Department
Memo
To: Honorable Mayor and City Commission
From: Mike Cameron, Code Coordinator
Date: March 21, 2008
Re: Environmental Terrace Special Pick-ups Contract
Staff requested bids be submitted for a possible three year contract with an optional
contract extension typically set at two years. The bid documents also had an area for
submission of a three year bid with an option to extend that, which is typically set at
two years.
The request for bids resulted in three submissions from area contractors to perform
the services needed. The bids were submitted by: Freelance Enterprises Inc., 1385
E. Keating, located in Muskegon Township. Current contractor Diversified UG
Utilities Inc. 2329 E. Riverwood Drive, Twin Lake. Big Sky Field Services, 5425
Whitehall Rd. located in Fruitland Township. Submitted bid amounts are shown in
the table further below.
Staff has reviewed the documents submitted and has found some minor deficiencies
in the documents as submitted by Freelance Enterprises and Big Sky Field Services.
Both companies neglected to properly fill out the Non-Collusion Affidavit and these
would need to be properly executed prior to contract signing. Diversified UG Utilities
Bid documents were all properly submitted.
Because of the significant cost savings by going with the low bidder, staffs
recommendation is to waive the irregularities in the submitted bid and accept the
three year bid with Big Sky Field Services. Big Sky is clearly the low bidder for the
work we need performed and appears to have all the necessary equipment to
satisfactorily fulfill the contract.
• Page 1
Bidder's First½ ton ½ to 1 ton 1 ton to 2 ton Over 2 tons
Diversified UG
Utilities $60.00 $110.00 $150.00 Determined
2 year bid.
Diversified UG
Utilities No Bid Submitted Ona
3 year bid.
Freelance
Enterprises $65.00 $90.00 $125.00 Case
2 year Bid
Freelance
Enterprises $75.00 $100.00 $135.00 By
3 year bid
Big Sky Field
Services $22.00 $35.00 $48.00 Case
2 year bid
Big Sky Field
Services $22.00 $35.00 $48.00 Basis
3 year Bid
Current Rates under expiring contract:
Contractor First½ ton ½ to 1 ton 1 ton to 2 ton Over 2 tons
Diversified UG Determined on
Utilities $60.00 $110.00 $150.00 a case by case
basis
• Page 2
Diversified UG Utilities Inc. Bid sheet:
Schedule l of Agreement
CONTRACT PRICE PROPOSAL
This proposal is for clean up and transportation labor based upon each individua[ clean-up assignment.
2-YearBid 3-Year Bid
I. Fee to p1ck up first½ ton. $60.00
2. Fee to pick up ½ - I ton. $110,00
J. Feo to pick up 1- 2 tons. $150.00
4. Fee to pick up over 2 tons
Fee to be detennined on a case by case basis.
EQUIPMENT LIST
List all of the equipment that you own or have access to for this contract.
TRUCK Date Owned or Leased Name of Lessor Name of Vendor
W/LARGE TRArLER
Year/Make/Model
2000 Ford F-550 6,000 lb. crane - 16 ft Flatbed Trailer
!. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
2000 Ford F-550 Dump (5 yd) - 30' Triple Axle Flatbed Trailer
2. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
See attached sheet
3. - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
4. - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CAMERA Date Owned or Leased Name of Lessor Name of Vendor
Type/How Many?
Kodak V530 2006
!. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Kodak DX 4900 2005
2. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
3. - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
4. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
O:IPlanning\COMMON\Envlro11men!afl2ooa blds_1101iceslterraca c.ontrac!\Btank le11aoo dean.up oon1ract.doc
lO
• Page 3
Blue Sky Field Services Bid Sheet :
Schedule l of Agreement
CONTRACT PRICE PROPOSAL
This proposal is for clean up and transportation labor based upon each individual clean-up assignment.
2-Year Bid 3-Year Bid
I. Fee to pick up first½ ton.
•a~ ., ~a..
2. Fee to pick up ½ - 1 ton.
.. 35" .$
3. Fee to pick up t - 2 tons.
If43 ~':IS
4. Fee to pick up over 2 tons
Fee to be determined on a case by case basis.
EQUIPMENT LIST
List all of the equipment that you own or have access to for this contract.
TRUCK Date Owned or Leased Name of Lessor Name of Vendor
W/LARGE TRAILER
Year/Make/Model
~
1. ~ror F'-:::t5"o ~ .,;)S-!Ph
.2. o)OOO ..- f-2.S-o ~ J :ta,o,_- "'1f 1'-1 d••!Of /<, w½
J. ;;co 3 -E-2.,o ~ fJ;-,. ,'P, *" 7x 12. &·~ 1$:"~
4. .200/ fZ'.-2.S-o s ~ ]XI(,, ~
CAMERA Date Owned or Leased Name of Lessor Name of Vendor
Type/How Many?
ct<
1. I(. K ~ , , , ~ aµ ~ c.,.2 mp
2. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
3. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
4. - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
O:\Plannlng\COMMON\Envlronmenlal\2008 blcls_noucasllerrnce conlracl\Bfank terrace clear..up contract.doc
10
• Page4
Freelance Enterprises Bid Sheet:
Schedule l of Agreement
CONTRACT PRICE PROPOSAL
This proposal is for clean up and transportation labor based upon each individual clean•up assignment.
2-YearBid 3~Year Bid
I. Fee to pick up first½ ton. $60.00
2. Fee to pick up ½ - I ton. $110.00
}. Fee to pick up l - 2 tons. $150.00
4. Fee to pick up over 2 tons
Fee to be determined on a case by case basis.
EQUIPMENT LIST
List all of the equipment that you own or have access to for this contract.
TRUCK Date Owned or Leased Name of Lessor Name of Vendor
W/LARGE TRArLER
Year/Make/Model
2000 Ford F-550 6,000 lb. crane - 16 ft Flatbed Trailer
!. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
2000 Ford F-550 Dump (5 yd) - 30' Triple Axle Flatbed Trailer
2. - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
See attached sheet
3. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
4. - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CAMERA Date Owned or Leased Name of Lessor Name of Vendor
Type/How Many?
Kodak V530 2006
!. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Kodak DX 4900 2005
2. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
3. - - - - - - - - - - - - - - - - - - - - - - - - - - - -
4. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
O:1Plannlng\COMMON1Erwlronmen1al\2008 b!cls_no!icea\terrace con!1acl\Blar1k te«ace ciaao•up coolracl.d'oc
10
Commission Meeting Date: March 25, 2008
Date: March 21, 2008
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department CE,(_
RE: Environmental Program Mowing and Trash Clean-
up Contract
SUMMARY OF REQUEST:
The contract for mowing of lots and trash clean up of public and private
properties previously held by Freelance Enterprises Inc. will expire on
March 29, 2008. A request for bids was advertised and five companies
placed bids. One set of bids submitted by Murray Vanderstelt were
contradictory and very incomplete. Freelance Enterprises of Muskegon
Township is the low bidder for a two-year agreement and Earth
Creations of Fruitland Township is the second lowest bidder.
FINANCIAL IMPACT:
None - Funds budgeted for this activity.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:
To formally reject the bid submitted by Mr. Murrary Vanderstelt because
of severely deficient bid documents and approve a 2 year contract with
Freelance Enterprises Inc. Additionally, to approve a 3 year contract with
Earth Creations and to authorize the Mayor and City Clerk to sign
agreements with both companies (see attachments), for the mowing of
lots and trash removal on properties located within the city.
COMMITTEE RECOMMENDATION: None
Planning Department
Memo
To: Honorable Mayor and City Commission
From: Mike Cameron, Code Coordinator
Date: March 21, 2008
Re: Environmental mowing & trash contract bids
Staff requested bids for a possible three year contract with an optional contract extension typically set
at two years. The bid documents also had an area for submission of a three year bid with an option to
extend that, which is typically set at two years. This request for bids resulted in five submissions from
area contractors to perform the services needed and are shown in the tables located later in this
document.
Staff has been monitoring the current contractor very closely over the term of the last contract and
would like to recommend awarding the contract to two contractors this season, instead of the
customary single contractor. Staff believes this would better serve the program by getting the grass cut
or trash picked up in a shorter time frame. Because of the dramatic swings in the number of work
requests, it has been difficult for one contractor to adequately respond to our work requests in an
acceptable time frame. Staff has attempted to work with the contractor to increase productivity but to
date our efforts have not been successful. A substantial number of our enforcement actions are being
delayed because the contractor can't keep up. At times this has hampered staffs efforts to operate in
an efficient manor and forces neighbors to tolerate a situation longer than they should have to.
In reviewing the bid documents staff discovered irregularities in almost all of the bidding documents,
except the documents submitted by Earth Creations. The errors ranged from minor errors such as a
name area being left blank to one set of documents submitted virtually empty, with three different sets
of bids submitted by the same entity. Staff feels that these errors can be addressed prior to awarding
of the contract with the exception of the bid from Mr. Murrary Vanderstelt. This bid packet is so lacking
of the required information, signatures and equipment listings that it would not be fair and reasonable to
the other bidders to allow this bid to be submitted. Therefore staff recommends rejection of Mr.
Vanderstelt's bid.
Because of the varying prices submitted by the different bidders, staff would like to recommend the
following contracts to be awarded.
1. Award a two year contract to Freelance Enterprises with a two year extension possible.
2. Award a 3 year contract to Earth Creations with a two year extension possible.
Awarding contracts as indicated would be accepting the low bidder, Freelance Enterprises and the
runner up _low bidder, Earth Creations. The reasoning for the three year agreement with Earth
Creations is that they had submitted a lower bid for a three year contract versus a two year agreement.
• Page 1
The reasoning for a two year agreement with Freelance Enterprises would be to stagger our contract
renewal dates between the two contractors. Freelance Enterprises did not provide any monetary
incentive for a three year agreement. It should also be noted that the largest difference between the
Freelance Enterprises bid and Earth Creations was in the Helping Labor category. In 2007 we did not
utilize any workers in this category and staff doubts we will in 2008. In addition, Freelance submitted a
bid of $13.50 an hour for two workers in this category, this portion of the bid is very suspect since that
would place the two workers below minimum wage requirements.
Staff firmly believes that management of two contractors, versus one contractor, would actually be
easier in many ways. Currently both inspectors must compete with each other for the contractors
available resources to allow the inspector to get his properties mowed or cleaned up. By having one
contractor assigned to each inspector, there should be more than enough resources allocated to each
inspector to be better able to keep up on his duties. In turn, this will allow us to offer a much improved
customer service by getting the lots mowed or picked up in a timelier manner. The increased cost for
having two contractors is minimal since Earth Creations three year bid is actually lower in the hand
mowing category than Freelance Enterprises bid for the same service. There will be a slight cost
increase having two contractors versus one because of higher bid amounts in the trash and tractor
areas by Earth Creations.
The five bids for a two-year contract were as follows:
Helping
Bidders Trash Crew Tractor Crew Mower Crew Labor (Two
Persons)
Big Sky Field
$51.00 $45.00 $35.00 $31.00
Services
Diversified
$60.00 $65.00 $55.00 $40.00
UG Utilities
Earth
$41.00 $48.00 $35.00 $34.00
Creations
Freelance $13.50
$38.75 $41.75 $35.75
Enterprises
Murray
$31.00 $35.00 $35.00 $0.00
Vanderstelt
The following contractors submitted a 3 year bid:
Helping Labor
Bidders Trash Crew Tractor Crew Mower Crew
(Two Persons)
Earth Creations $40.50 $47.50 $34.50 $34.00
Freelance
$38.75 $41.75 $35.75 $13.50
Enterprises
• Page2
Sehe,o, N•m• of Vendor
Year/Make/Model
,. ____
J. ------------=~~~~~-~-
'· - - - - - - - - - - - - - - - - - - - - - - - - - -
O'P•""'1<:"'••=..•.,,....,.....,.,,,,.,,<",_,.,..,,,'>,.,_,,.,."'"'"'"><•:0F""'""""""'fo<
IO
TRUCK D•tc Owned or L«>O
T IBUCK
W/LARGE TRAILER
Year/Make/Model
Dale Owned '" Leased
,. _______________________
sea attached sheet
NamoofUssor N•meofVcndor
'-----------------------
). ---------------------------
'· - - - - - - - - - - - - - - - - - - - - - - - - - - -
SMALL MOWERS Date Owned or Leased Name of Lessor NameofVendor
Typi:/Si.w
,. ___________________________
Will obtain '",.i>,j1_oo>e•eLJ_~-~---------~
2. · ,oi,lf"'•• C.J~c
doo7·et' fl,£;,,/r,.__~••' Jq:JS-1.,'' 7,. 4 ,J,,.r
). ;le107 .,.y td.~:~Jr~ ,,. q.... f /y-)r /.p 7;,.~6}~,,L_._
Uflo?•o'i' l'l~l.;J,. ,r q,J ,kilY"o/' r;..,l,c Mt«J&-u,C..Lc
MOWER Dole Owned or !.eased Name of r.essor NameofVcndor
Year/Make/Model
t. ¥H=---1"''"-""'""----~--~-----
2. ~~..Hv:~~'••••'cff~Jk!<••·•t~hH~)C'--~'"=''~---»~<-t~G='.·,,-~_
)_IJ,,/4/ n7 u,,,. :;i,._,,--ff Will i,,
1 nte Tt z;_,,---,,,,,,J
4. h-(.,J; / t;,__1 (.ffv ,'.ltt,Nt" ,.,,,.,, h~i'.......______....:...htJ3,___~J7=r,,J_--''"";~:-~,,.·_
OIP1-\COP,<~O>N;~o'1111008 t>1<1, _ _,..,.,,.,_i'"' °"""'4)-~,&~••l~h."!y~n~,~~/,_~,J,.~--- ___J}J:_·_ _
4. jJ.~(;,~_ .... m &.
1
,,J,,,.. :::r- ·
CAMERA Dote Owned or Le.,ed Namo of Lessor NamooFVcndor
Type/How Many?
1. h} ['1.,,,, s-0
2. _.;~; Cl.,., m ?MC ,,,
J. ~--S'5//=--~J,L__·"-"''~•c____ ~E:'--".r.~,,,il!~.~"""-
4. ~-·-·-·m µ~,_-~,-~/•,____;E~.,c,=,I~-~""-''--
• Page 5
0\P"-,-.-..,,CO""0! t»!r_ _ ,,,,,"-""""'-"-'a<;tW:-< - Com>et6"'
II
Sche,lule I of Agreement
Freelance Bid Sheets CONTRACT PRICE PROPOSAL
Thi, propo>•l is bawd on an hourly ra!C of two (2) Jl(:rson 1eon1s. The amou111 oflime 1hat i1 ne~~r, consisting of2 pcrsnns _jJJo /7.>0
[OUfPMF.NT l.lST
List all nfthe eq,iipment that you owu or have access to for this cor1trnc1.
'·--------
MOWER DMe Owned or Leased N"me of Lessor Name u( \:andor
YearlMakelMudd
'--------
'·
0'""""",l'COW,IOHE""'"""''"''""°" w,.no1oe,"'•••.1•m "'"''•>« ooc
IO
( TRUCK
WIL,\ROE TRAILER
Ycotll>!ohl~lotf,l
,._.5ff20~ Go/-
2. -~kdlrJ f.:2-(o
,. - - - - - - - - -
' --------------------------
SMALi. MOWERS Doto 0,1n,d or l.u,ed N,meofLmor
TRIMMERS
T)pel!fow Many?
J.CL.bJ,7i... . ?00£._. _ _ _ _ - - - - - -
CAMERA
l'JrelHow Man)'
( ( ~ ..2=.__. _ _ _ - - - -
' ------------ -----
' ---- ----------------
• Page6
0"'"•"'<»~0""°""'"'"'""""'">1<1,_,,_,.,,._,,, •..,_,,.,,,.,....,.,oc,f"''Co..-,.,>o<
"
Schedule I of Agreement
CONTRACT PRICE PROPOSAL
Muny Vanderstelt This JJfOJ>OSal is based on an hourly rateoflwo (2) po111on teams. 11w amount oftinw that is necessal)
for th~ completion ofa lot will be nsreed upon between !he Contractor and the City's Rcpre,entative,
Bid Sheet 1
l. Pick up w/operator and large trailer.-
minimum l0 cubic yd. capacity l31.oofl-l
2. Trac1or w/operator and brush hogs
5' mowing bed 'If 35:crOfe/
). Lawn mower nnd trimmer for lots
andOpemtor S .5 ·00 'f'. 1-/ ,
4. Helping Labor, consisting ofl persons
EQUIPMENT LIST
Lis1 nll of the equipment 1hllt you own or have access to forth is contract
TRACTOR Dale Owned or Lensed Name ofLe1sor Name of Vendor
Year/Make/Model
1. __ JLJ.LLt~>VJu-,A~1-,( _ _ j\~.1-el_,l~J'µ,<2~c~I<-=~----~
2. _;_===-=-='-----------
). /Md.{ D (,,.//-1 c:,_.e=_,rc_,,,.,____________
4. t.v1 1 l '.'Uu 1 ..f)f"lc~-v1~01 L.__._r,f,1,,11 d..,.~o,..._v
MOWER Date Owned or Lca.s1'En,irom'Oat>ll'°"'°"'-"°""'"'""-"'"'"""'> iAJ LZ 'D 1, IAC/c,e,-- 5
'--------------------------
4. - - - - - - - - - - - - - - - - - - - - - - - - - -
POWER D"lc Owned or Leas~d N•m• of Lessor NamcofVendor
TRJMMERS
Type/How Muny?
,. 2 C\,lf-? v'\/ ...< _J)
,. - - - - - - - - - - - - - - - - - - - - - - - - - -
,. - - - - - - - - - - - - - - - - - - - - - -
' ----------------- ----------
CAMERA D8te Owned or Leased NameofLessor Name of Vendor
Type/How Many?
l. .... /o.~~"-~·µ_ ________
'· - - - - - - - - - - - - - - - - - - - - - - - - - -
,.
4. - - - - - - - - - - - - - - - - - - - - - - - - - -
o,...,..,.,,,.,,ow,<0>11£,,,m,,,..,"'"'™'W•."'•""•....,_...,."'"""~•~~==-
II
Schedule l of Agreement
CONTRACT PRICE PROl'OSAL
This rropnsnl is boscd nn an hourly r,10 of two (2) pcnon teams. The amount of time lhal is neces,aJ)
for the completion ofa lot will bo agreed upon t>tt1ween the Contraetor and 1hc City's Repre.«n1a1i,·o
Murry Vanderstelt
Bid Sheet 2 Pick up wlnp<>mtor and largo trail«•·
minimum 10 cubic yd. capacity
Tr11Clor wfopcr•l_or Md hn!,h hog.<
' 5' mowing bed
,. I.awn mower and u;mmer for lots
and Operator
4. Helping La bur, con1i11ingof2 per1ons
F.QUIPMENJ LIST
List all of the equipment 1hat you owu or hove occess 1o for this contract.
TAACrDR OateOwned or Leas.d Name ofLe»or NameofVondor
Year/Make/Model
'--------------------------
,.
MOWER Dale Owned or Lca.sed N•m•ofLessor Name ofYon2000 ,...,c.,,i,><0.;;,
10
TRUCK Dote Owned or Leased Name of Lessor N•meofVenc!or
W/LARGE TRAIT.ER
Year/Make/Model
I.
J.
,.
SMALL MOWERS Oate Owned or Leased Name ofU:s,or Natne ofVendm
Typ<:/Sizo
,.
,.
<.
POWER Date Owned or Lea sod NameofLessor Name of Vendor
TRIMMERS
Type/How Many?
I.
2.
,.
'·
CAMERA Date Ow,ml or L,Ja,;cd !'fame or Le11or Name<1fVendor
Type/llowMany?
,.
,.
<
,,~,~,,Ila_I ron '.CC,,WOt«;,,',,,,,,,.,.,'>IWQI ~"-
II
Schtxh,.I i., based r,n on ho ..,ly "lie of two (2) p,:rson teams. Tho omounl ofc;mc that is neces5''}
Murry Vanderstelt for the completion of• lo! will be Ogt"cd upon botw«n 1hcCon1t•~to, and the City's Rcprc,enmhe
Bid Sheet 3
Pick up wloporotor 11<1d lorge trailer--
minimum 10 cu hie yd. cap,cit}'
2. Tractor wloporator and bl\lsh hogs
S' mowing bed
J. Lawn rnowe, and 1rimmer for lots
and Op,rator
4, Helping tabor, con sis ling of2 P,<"'"1>
EQUIPMENT UST
Li>l al! of the equipment that yo" own or haw ae<:ess IO for this contrncl.
TRACTOR Dole Owned or Lcosod NomcofLe,sor Nome of Vendor
YoulM,ke/Model
,.
MOWER Date Owned or Lea,od N•mc of Le.sor N•m• of Vendor
YeorlMake/Model
,. - - - - - - - - - - - - - - - - - - - - -
'----------------------
]. ----------------------
' --------------------------
OV'~-O"'-'Oll'&,,-O..,,p,/.ett-,,.,,_.,.,1""'_.,..,.,•.,C<""a__~,l~'f-+D~c,~w
___
,. __9:,_,_l-c.6~-1t1'-"-+~'----- - - - - -
J. 1 t fly P 11:2- Tow
I
4. ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - -
SMALL MOWERS Date Owned or Leased Name of Lessor NumeofVendor
I.
,. - - - - - - - - - - - - - - - - - - - - - - - - - -
]. --------------------
POWER Date Owned or Leased Name of Lessor Name nfVendor
TRIMMERS
Type/!low Many?
'] w-e .e f>
,. - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
]. -----------------------------
'· - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CAMERA Daie Owned or Le11Sed Name ofle..sor Nimc of Vendor
Type/How Many?
I. _ _ 7_-----()-,fJ._.f.L.C_-'-.f,L--------
,. - - - - - - - - - - - - - - - - - - - - - - - - - - - -
'· - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
• Page 9
0,.,,,,.,.oglf.0<°"""obll2001 ti_nO!AI i, b,scd on an homty'ru, oftwo(2) p,r,on !o1ms. The omounl oflime that is necessar,
forlhe compf,1ion nfa Int wi!I I>< •g,a attached aheat
,. - - - - - - - - - - - - - - - - - - - - - - - - - -
,.
· --------------------------
----------------------
0..,,,,.-.,.,,:0""""'~""'"".."'""""'""'·""""''..._"'~""-,,"""""r""'eo,,o'"-=
10
7'
- ... TRUCK
WILARGETRAlLf>R
Year/Mak~/Mode!
Dale Owned nr Leased Name of !~sior Name of Vendor
see attached oheet
,. - - - - - - - - - - - - - - - - - - - - - -
'· - - - - - - - - - - - - - - - - - - - - - -
.. - - - - - - - - - - - - - - - - - - - - - - - - - - -
SMALL MOWERS Dale O,mcd or Leased Name ofl=or Nome of Vendor
Type/Size
Will cbtain equiµmnt required to COTl()lete contract through
'Itle POWer Shop {Frerrollt)
,. - - - - - - - - - - - - - - - - - - - - - - -
,. - - - - - - - - - - - - - - - - - - - - - - - - - - -
.. - - - - - - - - - - - - - - - - - - - - -
POWER Date Owned or l.e~aed Nameoflcssor N,meofVendor
TRIMMERS
Type/How Many?
,. ___w_,_11_oo_ta_'"-°"-'-""'-"'-'-""-'-""'___
-"'_-'""'_=_"'_"_"_'_'_1rro<,g
__"
' ___,,,_.____,____,_"""'
__"_'_'________________
3. - - - - - - - - - - - - - - - - - - - - - - -
.. - - - - - - - - - - - - - - - - - - - - - - -
CAMERA Date Owned or !,cased Namcofle"5or NameofVendor
TypdHow Many?
Ko::iak DX4900 2005
' -----------------------
'· - - - - - - - - - - - - - - - - - - - - - - - - - -
• Page4 O\Pl,"""''CCtJMO'-NaMm~.,,.....,~,. "°'-~'"'""-"'"' ""'1°"'1~)0 ""'U Co{'/._____k-)> J.f'. T,;.,/.r Jllt!.~J.,=c_. ___
4. ;l,07 -•i' ,nM,;..),.. ,,,. qr.I J@· ),---ly, ..Ta._Ju:..__"5_.i J&,..J;.J.,..c
MOWER Dat~ Owned or Leased Name of Lessor NameofVcndor
Year/Make/l'.-lodel
1. 9!k ./ccl•~~=------------
2. ~ ~ o & h r : w,;"11...1,batJ)C'--~M,:cece6____1,..i_Jc...TLbn,,·:,,-~_
3. 1.J.«k{ c 9 UV A,-<11' w;11 1::.iv 1'1tt3 Tt 7 ;..,-,.,.,.,
4. ~ , _ _1 (.Hi,, ;;i~1..,r i,,,·11 h~t._ ________:_PJ'-.}).,_ _ _ _Ji,~1~:i~-~•~~-~-~,~
OV'l,aon,•,;om.lleo1'1r,.,,_9·m ""°'"'Cl\200' Flo~ C,,,,,,a1,.__ __:._ _ _ _ __
2. //w, ...,,.., m»,al~,,)~-Me'.!LJ-><.s1••··•''--'"S•L-___c:v:r,:,_T1.
J. k~!:.!t:'J)~L${)) ,~,u h.y ,wJ ,,J)- __;ru_·~
4, ~W--~( f..7 M / l'/1!- :rt,: __
CAMERA Dole Owned or Leased NamoofU),sor Name of Vendor
Type/How Many/
I. ..--hj r,..,, s-Ql
2. ~ ' - - - " " " - - - - ~ " - - ~ - - - - -
]. ~-,ffi=__ s!JJL.J,~_,_,,~·/ll'c__ _ _~P--.c,,(m~
4. £;JJ,,,., 53'!1 w:11 &,, n,v' ,v}II' £u,:;/.to,-..-
• Page 5
O-~WJof<.fn.•=~'-'/OO0W,_...-,<,u,_.....,..,,.,_,....,c..,_doc
"
Schedule I of Agreemelll
Freelance Bid Sheets CONTRACT PRICE PROPOSAL
This propo>al i> l;,ased on an hourly ralc of two (2) person 1eou1s. The amouur ot'1hnc Ihat;, ne~~ssa'}
for 1he completion of a 101 »m l>c agreed upm, between lhe Contractnr nnd the Cit~·, R~premaa!i,~
1:.'!'.lli...!l il£!!.r..!lli
Pick up n/op<.:rator and 1a,ge trailer·•
rninlmum IO cubk yd. capacity 38..75 3~7,5
2. Trnclor w/operntor and brush hogs
S' r~owi11g bed 4t,7S U/.,75
). Lown mower and trimmer for !ols
and Opcrotor 3s.1s JS. 7.f
Helping Labor, consi;ling of2 persons /]Jo )?JO
[OIJlPMENT I.IST
Lisi all t>flhe Od,I
D.1" Own,d or L,>clHow M•o>?
, JQ__(,.,,,i,i ?o,£
CA.IIERA Dal< O»ncd01 Loa,od Namoofl e;,,,r :-.,rneof\",,,,10,
T}p'""' °"''·"°""''v,"~~•" a,,,"...u,m F"-11 C.,,,0"<' tlO<
ID
TRUCK Dote Owi,cd or Leased Name or Lessor NameoFVeodor
W/LARGE TRA!lER
Yur/M~ke/Mcxlel
:-~~3fgq I 'G~;;''
). I C, •
'· - - - - - - - - - - - - - - - - - - -
SMALL MOWERS Oa!c Owned or Leased Name of Vendor
Type/Size
,. 1} LA-I ill h!or:el:eCL
2. _ _ :>~l<=l~-t=,t~J)~~l,ul~fl~c~)~c.=.e_,~-S~·_ _ _ __
'----------------------
4 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
POWER Do!e Owned or Lnsed Nome of Lessor NameofVendor
TRIMMERS
Type/flow Mony?
I.
,. - - - - - - - - - - - - - - - - - - - - - - - - - -
). --------------------------
4. - - - - - - - - - - - - - - - - - - - - - -
CAMERA Date Owned nr Leased Name of l.cs>or Name of Vendor
Type/How M•ny?
,. - - - - - - - - - - - - - - - - - - - - - -
'----------------------
4. - - - - - - - - - - - - - - - - - - - - - - - - - -
• Page 7
o.,;,,~o,..,_,...,,..\loo.o,~,_,~,.,.,.,.,,_ 0,..,"""'.,"'°""""~c"""<1"""
II
Schemplelion nfa lot will boa greed upon bo1weon theCo,111aot01 and the City's Represen1aiivc
Muny Vanderstelt
Bid Sheet 2 p;ck up wlopcmtorand large trailer•·
minimum 10 cubic yd. c•p•clty
Tt•otor w/opo,ot_or and brush hogs
' 5• mowing: bed
LaWTI mower and trimmer for lo!<
and Operator
4. Helpjog Lab<>r, con,i,tingof2 !)<'fS00S
F.Ql!Il'MENT LIST
List al! of the equipment ~••1 you own or have ~cccss to for rhis conrml.
TRACTOR Daie Owoe<,_""'a,"'""'--"''''"""'""""" ,...,eo..,,.._..,,,
JO
TRUCK Date Owned or leased Na,noofUlssor Name of Vendor
W/LARGE TRAILEK.
Year/Make/Model
,.
,.'
,.
SMALL MOWERS Date Owned or tell.led Name ofLessor NaineofVcndor
Typo/Size
,.
,.
'·
POWER Date Owned or Leased Nanieofl~swr Name of Vendor
TRIMMERS
Type/How Many?
,.
,.
'·
CAMERA Date Owned or leased Name ofleswr NarneofVendor
Type/1\ow Many?
,.
J.
'
• Page 8 O\Pla"""J\Cct.WOfN'~u=oWIX>OI h,i,_..,e amount of lime that is necessa'}
for the completion ofo lot will be agreed upon between lhe Contractor •nd the City"• Represeomhe
Bid Sheet 3
Pick up w/ope,otornnd large trailer-·
minimum 10 cu hie yd. capocity
2. Tractorw/oporato, and bru,h hog,
s• mowing bed
J. Lown ,nuwer and trimm,,,.ct..,,,
10
TRUCK Date Owned or Leased Name of Lessor Name of Vtndor
W/LARGE TRAILER
Year/Make/Mode!
a'l'i'
: ====5::i=1v=,:~~e/):,.jyJ::~c==~~/=:2.==r.:0:0:===========
'·
SMALL MOWERS Date Owned or Leased Name of Lessor Name of Vendor
,.
) ------------·-----------
'· - - - - - - - - - - - - - - - - - -
'· - - - - - - - - - - - - - - - - - - - - - - -
POWER Date Owned or Leased Name ofLe.ssor NameofVendm
TRIMMERS
TypefHow Many?
? W-f.. e f> UAU-; ec S
). ---------------------------
' ---------------------------
,, - - - - - - - - - - - - - - - - - - - - - - -
CAMERA Dale Owned or Leased Name of Lessor N•me of Vendor
Type/How M.10y?
7
,. ____
). ---------------------------
'· - - - - - - - - - - - - - - - - - - - - - - -
O\Pl~·.r.o,,,;o,~,-•w,_,o,.,,,"'",,,_11'•"'_,w,oo,,,_.,,c_uooo
• Page9 II
c).OOJ'-J/( c )
CITY OF MUSKEGON
CONTRACT FOR SERVICES
This Agreement is effective on this l st • day of April, 2008, between City of Muskegon, a
Michigan municipal corporation, of 933 Ten-ace Street, Muskegon, MI 49443 ("City"), and,
Lindsey Ames, of Freelance Enterprises. ("Contractor"), with reference to the following facts:
Background
A. City requested bid proposals for yard maintenance and trash clean up of City-owned,
State-owned and privately-owned properties located within the City limits of Muskegon,
as well as areas including but not limited to railroad and street right-of-ways and terraces.
r Dutractor submitted a bid proposal for the yard maintenance and trash clean up of the
~tate-owned and privately-owned properties located within the City limits of
listed above.
es agree as follows:
{ Additional Agreements. This Agreement includes, but may not be limited
mg:
vitations to bid, instructions to bidders and the pre-bid conference with
II descriptions of services not included in this Agreement but used in
onnection with the bidding process;
The bid proposal and any requirement included with or attached to the bid
documents and this Agreement; and
d. Any specifications used in connection with this Agreement.
This Agreement, together with the documents described above, constitutes the Agreement between the
parties and shall be considered as part of the Agreement as if attached or repeated herein.
In the event that there are inconsistencies within the Agreement, the Contractor shall immediately notify
the City, in writing, for a determination, interpretation, clarification and/or prioritization of the
inconsistencies.
2. Services. Contractor shall provide the following services, under the direction and
supervision of the City Planning Department, relating to yard maintenance and trash
clean up of the above listed properties. Contractor shall perform the services set forth in
this contract in a timely, workman-like manner.
a. Mowing. Contractor shall mow all grass, weeds and brush including
mowing around all obstacles, up to three inches (3") in diameter, leaving no
ridges of high or uncut grass.
O:IPlanningl COMMONIEnvironmental\2008 bids_noticesltrash_grass contracl\2008 Final Freelance Contract.doc
l
b. Trimming/Cutting/ Raking. Contractor shall trim all bushes and unsightly
branches, cut large tree limbs or logs, rake and remove heavy concentrations of
yard clippings, small debris and fallen leaves and/or branches. Contractor shall
also sweep or blow sidewalk and/or driveways clean of debris.
c. Garbage, debris and waste removal. Contractor shall pick up and remove all
garbage, debris, trash and waste materials, including but not limited to cans,
bottles, loose papers, dead tree limbs, grass and bush clippings,
abandoned/broken/unused household appliances, furniture, and other like items.
d. Disposal.
i. Contractor shall handle and dispose of Freon according to the applicable
State and Federal mandates.
ii. Contractor shall ensure the separation and individual disposal of garbage
and lawn debris.
iii. All garbage, debris, trash, waste materials, grass, weeds, brush,
appliances, furniture and other items removed from each site shall be
transported by the Contractor for disposal to a location predetermined by
City.
e. Photographs. Contractor shall photograph each job site prior to and after
completion. The photographs will indicate each job site address and/or location
to ensure proper identification of the location and/or property. The photographs
shall also indicate the time and date the picture was taken. All processing costs
associated with this service shall be the sole responsibility of the Contractor.
f. Record Keeping. Contractor agrees to keep proper records of all work
performed on behalf of City.
g. Other. Contractor may be required to perform other related work as deemed
necessary by the City Planning Department.
3. Equipment. Contractor shall furnish or supply all the equipment and labor necessary to
carry out its obligations under this Agreement. The equipment and labor includes but is
not limited to: general labor, technical personnel, machinery, tools, transportation, fuel,
and all other such materials. All equipment must meet the safety standards as required by
MIOSHA.
a. Inspection. City or its designated agents shall inspect for safety, appearance and
sanitation, all equipment used by Contractor to carry out its obligations under this
Agreement. All vehicles used in the transport of garbage, trash and other waste
must be police safety inspected. City may refuse Contractor the right to utilize
any equipment that is deemed to be unsafe, unsanitary or of an unsightly
appearance based on that inspection. [n that event, Contractor shall repair,
replace or restore the equipment to a suitable condition as soon as reasonably
possible.
b. Required Equipment.
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1. Two (2) trucks.
ii. Two (2) truck trailers. Minimum size: IO yards with a 4,000 lb.
capacity.
iii. Four (4) tractors. Must have a brush hog type mower or flail type mower
with a mower deck of a minimum five feet (5') diameter.
iv. Power trimmers.
v. Chain saws.
vi. Lawn mowers.
vii. Hand Tools, including rakes, brooms, shovels, pitch forks, and other
tools as deemed appropriate for the job site.
viii. Lawn edger blowers. One per team or work crew.
ix. Digital Cameras. Minimum 3 megapixel resolution with automatic time
and dating capacity.
x. CD-R compact discs for the transfer of digital images.
xi. Personal computer with ability to record photo images to CD-R compact
discs.
xii. Alternative equipment may be proposed for use but requires City
approval prior to use.
c. Method of Transport. Contractor agrees to haul tractors, mowers and other
equipment to the job location, unless otherwise approved by City.
4. Expenses. Contractor shall be responsible to pay for all expenses incurred by Contractor
related to the performance of its duties under this Agreement and for all compensation
owed to its workers and/or subcontractors.
5. Contract Price. City agrees to pay Contractor, in full consideration for the complete
performance of Contractor's obligations under this Agreement, the amount set forth in
the Contractor's bid proposal and documents described in paragraph I.
6. Assignments. Work assignments are determined on an as needed basis.
7. Contractor Work Crew.
a. Number. Each work crew shall consist of two (2) persons per assignment,
unless otherwise approved by the City. City reserves the right to limit the size of
work crews at any time.
b. City Representatives. City may assign one or more persons to the job site as its
Representative(s). The City Representative(s) may supervise work crews in their
performance at the job site, and may instruct the work crews as to what tasks
must be performed.
8. Schedule.
a. Work schedules shall be completed by City on a daily or as needed basis.
b. Provisions shall be made, at Contractor's expense, for contacting the
Contractor on sh01t notice or in an emergency situation by any the following
methods:
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i. Telephone;
11. Cellular Telephone; or
iii. Beeper.
9. Work Orders.
a. Distribution. Work orders will be distributed to the Contractor at a location
designated by the City.
b. Completion. All jobs listed in a work order must be completed within five (5)
working days following receipt of the work order by Contractor. Time
extensions may be permitted for inclement weather and similar restricting
circumstances, as determined by the City. All completed work orders shall be
returned to the City by 8:00 a.m. the following work day after the work is
completed.
l 0. Payment.
a. Form.
i. Requests for payment shall be submitted on a form prepared and
approved by the City;
ii. Requests shall include a list of job numbers with the corresponding cost
of each job;
iii. Requests shall be on a per-quarter hour basis; total time per job to be
agreed to by the Contractor and City Representative.
iv. Requests for work completed that were not performed in compliance
with subsection 9(6) may not be compensated.
v. Inadvertent payment made to the Contractor for work not perfo1med in
compliance with the terms of this contract, or for any other reason, will
be deducted by the City from subsequent payments.
b. Frequency. Requests for payment shall be made monthly and payment will be
made on the second and fourth Friday of each month.
c. Travel Time. Travel time shall be charged by Contractor as follows:
1. Time may be charged for travel from a completed job site to another job
site. Travel time shall be shown on a voucher completed for the
destination site.
ii. Time may be charged for travel to and from a disposal site with a full
load of garbage, trash, waste and other items. Travel time shall be
indicated on a dump voucher or slip.
iii. Travel time shall only be compensated for direct and logical routes.
iv. All vouchers, bills, slips and pictures pertaining to a work order or a job
site shall be submitted to the City at the same time.
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v. Requests for payment that are submitted without the proper
documentation, including but not limited to vouchers, bills, slips and
pictures will not be accepted until such time all such items are submitted.
11. Specific Reservations.
a. City reserves the right to have Contractor bag or remove debris and/or trash from
the property and place the same on the terrace at the property for removal by the
City refuse contractor.
b. City reserves the right to have the City refuse contractor clean up the debris
and/or trash left on the terrace at a work site property on an as needed basis.
c. City reserves the right to use volunteers, court ordered public service workers
and/or prisoners in lieu of Contractor's services for any work indicated
throughout this Agreement.
12. Terms and Termination.
a. This Agreement shall be effective on April 1, 2008, and shall remain in full force
and effect until March 31, 2010, with an annual extension option through March
31,2012.
b. This Agreement may be terminated by either party, without cause, upon thirty
(30) days' written notice to the other party.
13. Commencement and Damages.
a. Commencement. Contractor shall commence work no later than the time set
forth in the Agreement.
b. Damages. In the event that Contractor fails to commence performance at the
specified time and is in default of the Agreement, Contractor shall pay to the City
the sum of $200 for each and every calendar day that the Contractor is in default.
The amount of damages shall not be construed as a penalty, but to ensure the
City's ability to provide substituted services and costs associated with that
default. Damages shall be determined by the City after investigation by the City.
Damages shall be deducted from payment.
c. Violations. Following Contractor's commencement of performance of this
Agreement, City shall notify Contractor of each violation of the Agreement
reported to City. It shall be the duty of Contractor to remedy the cause of the
complaint. Failure of Contractor to take remedial measures shall be considered a
breach of the Agreement, and for the purpose of computing damages under the
provisions of this section, it is agreed that City may deduct from payments due or
to become due to Contractor the City's cost to remedy or substitute performance.
Failure to perform pursuant to this Agreement for a period in excess of three (3) consecutive, scheduled,
working days, or failure for a similar period, to perform in the manner required, and provided such failure
is not a result of war, insurrection, riots, or acts of God, the City may, at its option and after written notice
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to Contractor, utilize any or all of Contractor's equipment used in performance of this Agreement until
such time the matter is resolved and the Contractor is performing under the terms of the Agreement.
Any and all expenses incun-ed by City during such time may be deducted from payments due or to
become due to Contractor.
Should Contractor be unable to resume performance at the close often (10) calendar days, all liability of
the City under this Agreement shall cease and City shall be free to negotiate with other contractors for the
performance of work. Any contract thereby entered into with another contractor shall not release
Contractor from liability to City for breach of this Agreement.
d. Appeal. The City's determination shall be final and binding on both parties,
unless appealed, in writing to the City Manager or his designee within ten ( I 0)
working days after notice. The City Manager or his designee shall grant
Contractor an informal hearing upon such request. The decision of the City
Manager shall be final and binding.
e. Waiver. City may waive all or any portion of damages without prejudicing its
rights under this Agreement.
14. Insurance and Indemnity.
a. Hold Harmless Agreements. To the fullest extent permitted by law, Contractor
agrees to defend, pay in behalf of, indemnify, and hold harmless the City, its
elected and appointed officials, employees, volunteers, and others working on
behalf of the City against any and all claims, demands, suits, or losses, including
all costs connected therewith, and for any damages which may be asserted,
claimed or recovered against or from the City, its elected and appointed officials,
employees, volunteers, or others working on behalf of the City, arising out of or
is any way connected or associated with this contract. The obligation to defend
and hold harmless extends to City's employees, agents, subcontractors, assigns
and successors.
b. City Insurance Requirement. Contractor shall not commence work under this
contract until obtaining the insurance required under this paragraph. All
coverages shall be with insurance companies licensed and admitted to do
business in the State of Michigan and Best Rated A VIII. All coverage shall be
with insurance can-iers acceptable to City.
c. Workers' Compensation Insurance. Contractor shall procure and maintain
during the life of this contract, Workers' Compensation Insurance, including
Employers Liability Coverage, in accordance with all applicable Statutes of the
State of Michigan.
d. Vehicle Liability Insurance. Contractor shall procure and maintain during the
life of this contract, Vehicle Liability !nsurance, in accordance with all applicable
Statutes of the State of Michigan.
e. Commercial General Liability Insurance. Contractor shall procure and
maintain during the life of this contract, Commercial General Liability Insurance
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on an "Occurrence Basis" with limits of liability not less than $1,000,000 per
occurrence and/or aggregate combined single limit, Personal Injury, Bodily
Injury and Property Damage. Coverage shall include the following extensions:
(A) Contractual Liability; (B) Products and Completed Operations; (C)
Independent Contractors Coverage; (D) Broad Form General Liability Extensions
or equivalent; (E) Deletion of all Explosion, Collapse and Underground (SCU)
exclusions, if applicable.
f. Additional Insured. Commercial General Liability Insurance, as described
above, shall include an endorsement stating the following shall be "Additional
Insureds": The City, all elected and appointed officials, all employees and
volunteers, all boards, commissions and/or authorities and board members,
including employees and volunteers thereof. The endorsement adding the City as
additional insured shall read exactly as follows: "The City of Muskegon~
hereby added as an additional insured ... "
g. Cancellation Notice. Workers' Compensation Insurance and Commercial
General Liability Insurance, as described above, shall include an endorsement
stating the following: "It is understood and agreed that Thirty (30) days'
Advance Written Notice of Cancellation, Non-Renewal, Reduction and/or
Material Change shall be sent to: CITY OF MUSKEGON PLANNING
DEPARTMENT.
h. Proof of Insurance Coverage. Contractor shall provide the City at the time the
contracts are returned for execution, certificates and policies endorsing the City
as additional insured as listed below:
I. Two (2) copies of Certificate of Insurance for Workers' Compensation
Insurance, if applicable;
ii. Two (2) copies of Certificate of Insurance for Commercial General
Liability Insurance; and
iii. If so requested, Certified Copies of all policies mentioned above will be
furnished.
i. If any of the above coverages expire during the term of this contract, Contractor
shall deliver renewal certificates and/or policies to City at least ten ( l 0) days
prior to the expiration date.
15. Income Tax Withholding. Contractor shall withhold income taxes from each employee
who is subject to such withholding, and pay such tax in accordance with the City of
Muskegon Income Tax Ordinance and all applicable laws associated with that ordinance.
Contractor shall require the same from each subcontractor, consultant or vendor used in
the perfotmance of his duties and obligations in this Agreement. City reserves the right
to withhold payments otherwise due to Contractor to assure compliance with this
Agreement or to cure such noncompliance.
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16. General Provisions.
a. Notices. Any notice that either party may give or is required to give under this
Agreement shall be in writing, and, if mailed, shall be effective on the day it is
delivered to the other party at the other party's address set forth in this Agreement
or at any other address that the other party provides in writing. Notices given in
person are effective on the day they are given.
b. Governing Law. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with, the laws of the
State of Michigan.
c. Assignment or Delegation. Neither party shall assign all nor any portion of its
rights and obligations contained in this Agreement without the express prior
written approval of the other party, which approval may be withheld in the other
party's sole discretion.
d. Entire Agreement. This Agreement shall constitute the entire agreement, and
shall supersede any other Agreements, written or oral, that may have been made
or entered into, by, and between the parties with respect to the subject matter of
this Agreement, and shall not be modified or amended except in a subsequent
writing signed by the party against whom enforcement is sought.
e. Binding Effect. This Agreement shall be binding upon, and inure to the benefit
of, and be enforceable by, the parties and their respective legal representatives,
permitted successors, and assigns.
f. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of such provision on any other occasion or a
waiver by such party of any other provision of this Agreement.
g. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity,
legality, and enforceability of the remaining provisions of this Agreement shall
not in any way be impaired or affected.
h. Venue. The parties agree that, for purposes ofany dispute in connection with
this Agreement, the Muskegon County Circuit Court shall have exclusive
personal and subject matter jurisdiction and venue.
i. Survival. All representations, warranties, and covenants in this Agreement shall
survive the signing of this Agreement.
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City and Contractor have executed this Agreement on the date written next to their signatures to be
effective according to the terrn(s) stated in this document.
City-
Date: _ _ _ _ _ , 200
. Wai'mington
'· _ _)
And:\,",\.,'=' :.:\\-~"\... ~'- i'.>c ,(e__ '--,'
Ann Marie Becker, MMC
City Clerk
('
Contractor - } \! /,
Date: , 200J By: ! ! (.il1/
----~~--~--~----- o-'-=£~,·_
-1/-".· _ _ _ _ _ _ _ _ _ __
2. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
3. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CA\IERA Date Owned or Leased Name of Lessor Name of Vendo,·
Type/How Many"
((};v1 le<';# G,), f'/\x :Jwz
1
'
j. ----------------------------------
4. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
0 Plarm1ng\CQivl~11ON\Enwonmental\2008 01ds_not1ces\trash_grass contract\2008 Final Contract doc
ll
JOOf-3/(c)
CITY OF MUSKEGON
CONTRACT FOR SERVICES
This Agreement is effective on this l st • day of April, 2008, between City of Muskegon, a
Michigan municipal corporation, of 933 Terrace Street, Muskegon, MI 49443 ("City"), and,
James W. Rudicil Jr., of Earth Creations Municipal Services LLC. ("Contractor"), with reference
to the following facts:
Background
A. City requested bid proposals for yard maintenance and trash clean up of City-owned,
State-owned and privately-owned properties located within the City limits of Muskegon,
as well as areas including but not limited to railroad and street right-of-ways and terraces.
B. Contractor submitted a bid proposal for the yard maintenance and trash clean up of the
City-owned, State-owned and privately-owned properties located within the City limits of
Muskegon as listed above.
Therefore, the parties agree as follows:
1. Inclusion of Additional Agreements. This Agreement includes, but may not be limited
to the following:
a. Invitations to bid, instructions to bidders and the pre-bid conference with
minutes;
b. All descriptions of services not included in this Agreement but used in
connection with the bidding process;
c. The bid proposal and any requirement included with or attached to the bid
documents and this Agreement; and
d. Any specifications used in connection with this Agreement.
This Agreement, together with the documents described above, constitutes the Agreement between the
parties and shall be considered as part of the Agreement as if attached or repeated herein.
In the event that there are inconsistencies within the Agreement, the Contractor shall immediately notify
the City, in writing, for a determination, interpretation, clarification and/or prioritization of the
inconsistencies.
2. Services. Contractor shall provide the following services, under the direction and
supervision of the City Planning Department, relating to yard maintenance and trash
clean up of the above listed properties. Contractor shall perform the services set forth in
this contract in a timely, workman-like manner.
a. Mowing. Contractor shall mow all grass, weeds and brush including
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mowing around all obstacles, up to three inches (3") in diameter, leaving no
ridges of high or uncut grass.
b. Trimming/Cutting/ Raking. Contractor shall trim all bushes and unsightly
branches, cut large tree limbs or logs, rake and remove heavy concentrations of
yard clippings, small debris and fallen leaves and/or branches. Contractor shall
also sweep or blow sidewalk and/or driveways clean of debris.
c. Garbage, debris and waste removal. Contractor shall pick up and remove all
garbage, debris, trash and waste materials, including but not limited to cans,
bottles, loose papers, dead tree limbs, grass and bush clippings,
abandoned/broken/unused household appliances, furniture, and other like items.
d. Disposal.
i. Contractor shall handle and dispose of Freon according to the applicable
State and Federal mandates.
ii. Contractor shall ensure the separation and individual disposal of garbage
and lawn debris.
iii. All garbage, debris, trash, waste materials, grass, weeds, brush,
appliances, furniture and other items removed from each site shall be
transported by the Contractor for disposal to a location predetennined by
City.
e. Photographs. Contractor shall photograph each job site prior to and after
completion. The photographs will indicate each job site address and/or location
to ensure proper identification of the location and/or property. The photographs
shall also indicate the time and date the picture was taken. All processing costs
associated with this service shall be the sole responsibility of the Contractor.
f. Record Keeping. Contractor agrees to keep proper records of all work
perfonned on behalfof City.
g. Other. Contractor may be required to perform other related work as deemed
necessary by the City Planning Department.
3. Equipment. Contractor shall furnish or supply all the equipment and labor necessary to
carry out its obligations under this Agreement. The equipment and labor includes but is
not limited to: general labor, technical personnel, machinery, tools, transportation, fuel,
and all other such materials. All equipment must meet the safety standards as required by
MIOSHA.
a. Inspection. City or its designated agents shall inspect for safety, appearance and
sanitation, all equipment used by Contractor to carry out its obligations under this
Agreement. All vehicles used in the transport of garbage, trash and other waste
must be police safety inspected. City may refuse Contractor the right to utilize
any equipment that is deemed to be unsafe, unsanitary or of an unsightly
appearance based on that inspection. In that event, Contractor shall repair,
replace or restore the equipment to a suitable condition as soon as reasonably
possible.
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b. Required Equipment.
1. Two (2) trucks.
ii. Two (2) truck trailers. Minimum size: 10 yards with a 4,000 lb.
capacity.
iii. Four (4) tractors. Must have a brush hog type mower or flail type mower
with a mower deck of a minimum five feet (5') diameter.
iv. Power trimmers.
v. Chain saws.
v1. Lawn mowers.
vii. Hand Tools, including rakes, brooms, shovels, pitch forks, and other
tools as deemed appropriate for the job site.
viii. Lawn edger blowers. One per team or work crew.
ix. Digital Cameras. Minimum 3 megapixel resolution with automatic time
and dating capacity,
x. CD-R compact discs for the transfer of digital images.
xi. Personal computer with ability to record photo images to CD-R compact
discs.
xii. Alternative equipment may be proposed for use but requires City
approval prior to use.
c. Method of Transport. Contractor agrees to haul tractors, mowers and other
equipment to the job location, unless otherwise approved by City.
4. Expenses. Contractor shall be responsible to pay for all expenses incurred by Contractor
related to the perfo1mance of its duties under this Agreement and for all compensation
owed to its workers and/or subcontractors.
5. Contract Price. City agrees to pay Contractor, in full consideration for the complete
performance of Contractor's obligations under this Agreement, the amount set forth in
the Contractor's bid proposal and documents described in paragraph I.
6. Assignments. Work assignments are determined on an as needed basis.
7. Contractor Work Crew.
a. Number. Each work crew shall consist of two (2) persons per assignment,
unless otherwise approved by the City. City reserves the right to limit the size of
work crews at any time.
b. City Representatives. City may assign one or more persons to the job site as its
Representative(s). The City Representative(s) may supervise work crews in their
performance at the job site, and may instruct the work crews as to what tasks
must be performed.
8. Schedule.
a. Work schedules shall be completed by City on a daily or as needed basis.
b. Provisions shall be made, at Contractor's expense, for contacting the
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Contractor on short notice or in an emergency situation by any the following
methods:
i. Telephone;
ii. Cellular Telephone; or
iii. Beeper.
9. Work Orders.
a. Distribution. Work orders will be distributed to the Contractor at a location
designated by the City.
b. Completion. All jobs listed in a work order must be completed within five (5)
working days following receipt of the work order by Contractor. Time
extensions may be permitted for inclement weather and similar restricting
circumstances, as determined by the City. All completed work orders shall be
returned to the City by 8:00 a.m. the following work day after the work is
completed.
l 0. Payment.
a. Form.
1. Requests for payment shall be submitted on a form prepared and
approved by the City;
ii. Requests shall include a list of job numbers with the corresponding cost
of each job;
iii. Requests shall be on a per-quarter hour basis; total time per job to be
agreed to by the Contractor and City Representative.
1v. Requests for work completed that were not performed in compliance
with subsection 9(6) may not be compensated.
v. Inadvertent payment made to the Contractor for work not performed in
compliance with the terms of this contract, or for any other reason, will
be deducted by the City from subsequent payments.
b. Frequency. Requests for payment shall be made monthly and payment will be
made on the second and fourth Friday of each month.
c. Travel Time. Travel time shall be charged by Contractor as follows:
i. Time may be charged for travel from a completed job site to another job
site. Travel time shall be shown on a voucher completed for the
destination site.
ii. Time may be charged for travel to and from a disposal site with a full
load of garbage, trash, waste and other items. Travel time shall be
indicated on a dump voucher or slip.
111. Travel time shall only be compensated for direct and logical routes.
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1v. All vouchers, bills, slips and pictures pertaining to a work order or a job
site shall be submitted to the City at the same time.
v. Requests for payment that are submitted without the proper
documentation, including but not limited to vouchers, bills, slips and
pictures will not be accepted until such time all such items are submitted.
l l. Specific Reservations.
a. City reserves the right to have Contractor bag or remove debris and/or trash from
the property and place the same on the terrace at the property for removal by the
City refuse contractor.
b. City reserves the right to have the City refuse contractor clean up the debris
and/or trash left on the terrace at a work site property on an as needed basis.
c. City reserves the right to use volunteers, court ordered public service workers
and/or prisoners in lieu of Contractor's services for any work indicated
throughout this Agreement.
12. Terms and Termination.
a. This Agreement shall be effective on April I, 2008, and shall remain in full force
and effect until March 3 l, 201 l, with an annual extension option through March
3 l, 2013.
b. This Agreement may be terminated by either party, without cause, upon thirty
(30) days' written notice to the other party.
13. Commencement and Damages.
a. Commencement. Contractor shall commence work no later than the time set
forth in the Agreement.
b. Damages. In the event that Contractor fails to commence performance at the
specified time and is in default of the Agreement, Contractor shall pay to the City
the sum of $200 for each and every calendar day that the Contractor is in default.
The amount of damages shall not be construed as a penalty, but to ensure the
City's ability to provide substituted services and costs associated with that
default. Damages shall be determined by the City after investigation by the City.
Damages shall be deducted from payment.
c. Violations. Following Contractor's commencement of performance of this
Agreement, City shall notify Contractor of each violation of the Agreement
reported to City. It shall be the duty of Contractor to remedy the cause of the
complaint. Failure of Contractor to take remedial measures shall be considered a
breach of the Agreement, and for the purpose of computing damages under the
provisions of this section, it is agreed that City may deduct from payments due or
to become due to Contractor the City's cost to remedy or substitute perfonnance.
Failure to perform pursuant to this Agreement for a period in excess of three (3) consecutive, scheduled,
working days, or failure for a similar period, to perfonn in the manner required, and provided such failure
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is not a result of war, insurrection, riots, or acts of God, the City may, at its option and after written notice
to Contractor, utilize any or all of Contractor's equipment used in performance of this Agreement until
such time the matter is resolved and the Contractor is performing under the terms of the Agreement.
Any and all expenses incurred by City during such time may be deducted from payments due or to
become due to Contractor.
Should Contractor be unable to resume performance at the close of ten ( I 0) calendar days, all liability of
the City under this Agreement shall cease and City shall be free to negotiate with other contractors for the
performance of work. Any contract thereby entered into with another contractor shall not release
Contractor from liability to City for breach of this Agreement.
d. Appeal. The City's determination shall be final and binding on both parties,
unless appealed, in writing to the City Manager or his designee within ten ( 10)
working days after notice. The City Manager or his designee shall grant
Contractor an informal hearing upon such request. The decision of the City
Manager shall be final and binding.
e. Waiver. City may waive all or any portion of damages without prejudicing its
rights under this Agreement.
14. Insurance and Indemnity.
a. Hold Harmless Agreements. To the fullest extent permitted by law, Contractor
agrees to defend, pay in behalfof, indemnify, and hold harmless the City, its
elected and appointed officials, employees, volunteers, and others working on
behalf of the City against any and all claims, demands, suits, or losses, including
all costs connected therewith, and for any damages which may be asserted,
claimed or recovered against or from the City, its elected and appointed officials,
employees, volunteers, or others working on behalf of the City, arising out of or
is any way connected or associated with this contract. The obligation to defend
and hold harmless extends to City's employees, agents, subcontractors, assigns
and successors.
b. City Insurance Requirement. Contractor shall not commence work under this
contract until obtaining the insurance required under this paragraph. All
coverages shall be with insurance companies licensed and admitted to do
business in the State of Michigan and Best Rated A VIII. All coverage shall be
with insurance carriers acceptable to City.
c. Workers' Compensation Insurance. Contractor shall procure and maintain
during the life of this contract, Workers' Compensation Insurance, including
Employers Liability Coverage, in accordance with all applicable Statutes_oLthe
State of Michigan.
d. Vehicle Liability Insurance. Contractor shall procure and maintain during the
life of this contract, Vehicle Liability Insurance, in accordance with all applicable
Statutes of the State of Michigan.
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e. Commercial General Liability Insurance. Contractor shall procure and
maintain during the life of this contract, Commercial General Liability Insurance
on an "Occurrence Basis" with limits of liability not less than $1,000,000 per
occurrence and/or aggregate combined single limit, Personal Injury, Bodily
Injury and Property Damage. Coverage shall include the following extensions:
(A) Contractual Liability; (8) Products and Completed Operations; (C)
Independent Contractors Coverage; (D) Broad Form General Liability Extensions
or equivalent; (E) Deletion of all Explosion, Collapse and Underground (SCU)
exclusions, if applicable.
f. Additional Insured. Commercial General Liability Insurance, as described
above, shall include an endorsement stating the following shall be "Additional
Insureds": The City, all elected and appointed officials, all employees and
volunteers, all boards, commissions and/or authorities and board members,
including employees and volunteers thereof The endorsement adding the City as
additional insured shall read exactly as follows: "The City of Muskegon~
hereby added as an additional insured ... "
g. Cancellation Notice. Workers' Compensation Insurance and Commercial
General Liability Insurance, as described above, shall include an endorsement
stating the following: "It is understood and agreed that Thirty (30) days'
Advance Written Notice of Cancellation, Non-Renewal, Reduction and/or
Material Change shall be sent to: CITY OF MUSKEGON PLANNING
DEPARTMENT.
h. Proof of Insurance Coverage. Contractor shall provide the City at the time the
contracts are returned for execution, certificates and policies endorsing the City
as additional insured as listed below:
1. Two (2) copies of Certificate of Insurance for Workers' Compensation
Insurance, if applicable;
ii. Two (2) copies of Certificate of Insurance for Commercial General
Liability Insurance; and
iii. If so requested, Ce1tified Copies of all policies mentioned above will be
furnished.
1. If any of the above coverages expire during the term of this contract, Contractor
shall deliver renewal certificates and/or policies to City at least ten ( I 0) days
prior to the expiration date.
15. Income Tax Withholding. Contractor shall withhold income taxes from each employee
who is subject to such withholding, and pay such tax in accordance with the City of
Muskegon Income Tax Ordinance and all applicable laws associated with that ordinance.
Contractor shall require the same from each subcontractor, consultant or vendor used in
the performance of his duties and obligations in this Agreement. City reserves the right
to withhold payments otherwise due to Contractor to assure compliance with this
Agreement or to cure such noncompliance.
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7
l6. General Provisions.
a. Notices. Any notice that either party may give or is required to give under this
Agreement shall be in writing, and, if mailed, shall be effective on the day it is
delivered to the other party at the other party's address set forth in this Agreement
or at any other address that the other party provides in writing. Notices given in
person are effective on the day they are given.
b. Governing Law. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with, the laws of the
State of Michigan.
c. Assignment or Delegation. Neither party shall assign all nor any portion of its
rights and obligations contained in this Agreement without the express prior
written approval of the other party, which approval may be withheld in the other
party's sole discretion.
d. Entire Agreement. This Agreement shall constitute the entire agreement, and
shall supersede any other Agreements, written or oral, that may have been made
or entered into, by, and between the parties with respect to the subject matter of
this Agreement, and shall not be modified or amended except in a subsequent
writing signed by the party against whom enforcement is sought.
e. Binding Effect. This Agreement shall be binding upon, and inure to the benefit
of, and be enforceable by, the parties and their respective legal representatives,
permitted successors, and assigns.
f. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of such provision on any other occasion or a
waiver by such paity of any other provision of this Agreement.
g. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity,
legality, and enforceability of the remaining provisions of this Agreement shall
not in any way be impaired or affected.
h. Venue. The parties agree that, for purposes of any dispute in connection with
this Agreement, the Muskegon County Circuit Court shall have exclusive
personal and subject matter jurisdiction and venue.
i. Survival. All representations, warranties, and covenants in this Agreement shall
survive the signing of this Agreement.
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8
City and Contractor have executed this Agreement on the date written next to their signatures to be
effective according to the term(s) stated in this document.
City-
Date: f-3 ,2006'
By:~ ~~~t=67c::_______ .
Steph~. Warmingto,
Mayor ---
\ I n
And:\,~~"'W\;~.A \~~(.x_.t.,
Anne Marie Becker, MMC
City Clerk
Contractor - / /
Date: ,lip,.') 3,J , 200 V By: f· /t.,//
Its: /J,.,,,-J~r
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9
Schedule l of Agreement
CONTRACT PRICE PROPOSAL
This proposal is based on an hourly rate of two (2) person teams. The amount of time that is necessary
for the completion of a lot will be agreed upon between the. Contracto_r and the City's Representative.
2-Year Bid 3-Year Bid
I. Pick up w/operator and large trailer-- .,, ,ro
minimum 10 cubic yd. capacity 4)'
' '"" l.r -lo' 01., b,
' '
2. Tractor w/operator and brush hogs
5' mowing bed ~s."=- hr t/7, •• O"-U ,I J. '70
J
2. d.007 •or' 11!,L~Jr. or e1u ..f , /1,,A::J,~...--
Mei,/
/!ttf,/ -fr/, •. Lt,,,;..,,,
J
Mr..j], /1/RocC.o+.-r./'
MOWER Date Owned or Leased Name of Lessor Name of Vendor
Year/Make/Model
I. Kl~.e. (,;-.:H(I('" l'l'iif' nwncd
J
2. 1,,/4,J.5 J, la, (" ti,_,,. Joo7-o-, l,v,')/ bu I /1 C
3. l,bc,,b / (fr<; {Ale, ;)-:,,7 -c,y /,..Ji ii bu,1,
,/
4. i.J,,J; J Ki',,,., ( .. 11,/ )w?·oi, ivi'I/ h«y
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'
. 10
TRUCK Date Owned or Leased Name of Lessor Name of Vendor
W/LARGE TRAILER
Year/tvlake/Model
2. /1'/3 Chwu; I TM JcM,c 0,c/vI fJ.,,.., ';)0-07
3. Tr,~Jl- M,.J.~·,/ Tr-:L- I;/ ,vd, a.....,.,_ ?.oc'i
SMALL MOWERS Date Owned or Leased Name of Lessor Name of Vendor
Type/Size
,, '
I. ;> I To-ro (:;;.\, W,'I\ b~,, r-uJ /J14r}5
I ,/
2. ,) I Ti,,o (;;i) will b"'''I ,.,,,:; /}q.,..) 'i
./-
Tq, T {;,,,-.5
4, "·'''
;, , /':/'4:.
j W••r~ ( ) ' )
' ' ,
Will ' ,, /4- T¢T ~,,,...,5
POWER Date Owned or Leased Name of Lessor Name of Vendor
TRiiv!MERS
Type/How Many?
I, .5~,l,, j (;.,,.,,,,_,,.,;'J ( 3)
rT
:n-y
4. --'-";✓,""-"'"1'4u,~"""'-'--~:L\3,"-"-/L--\5(___,')"-)f---~lv:;.:_1!,l.//--1..1.h•"-l"'I--'
I I I
_:r~--~
_,_,-.,_,,,,"",___,-"-·-----'f'---'/-"-f)'-----·---'T~fL,
CAMERA Date Owned or Leased Name of Lessor Name of Vendor
Type/How Many?
I. h:,J' (' 1.,,,., 5>D ,,/,,1-
v:11 b,, u ,_,,,,..,,
I
E.ral on-,
/.J,'J( be,,, r,,J E'Los/.co~
I
O:\Planning\COMMON\Environmental\2008 bids_notices\trash_grass contract\2008 Final Contract.doc
11
Commission Meeting Date: March 25, 2008
Date: March 17, 2008
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cf>C,,-
RE: Site Assessment Development and
Reimbursement Agreement between Viridian
Properties LLC and the City of Muskegon
SUMMARY OF REQUEST: The City of Muskegon has a Brownfield
Redevelopment Loan in the amount of $500,000 with the Michigan
Department of Environmental Quality (MDEQ). The loan is for purposes
of addressing environmental assessment and remediation for sites
being redeveloped. An agreement has been reached with Dan
Henrickson of Viridian Properties LLC to use $250,000 of the loan for
site improvements on Edison Landing. These improvements will
address environmental concerns, enhance the aesthetics of the site and
make the property more desirable from a marketing standpoint.
Although the loan is between the City and MDEQ, Mr. Henrickson has
agreed to make the loan payments.
FINANCIAL IMPACT: None, as Mr. Henrickson will be making the loan
payments.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached Development
and Reimbursement Agreement and authorize the Mayor and City Clerk
to sign.
COMMITTEE RECOMMENDATION: None.
2008-3l(d)
DEVELOPMENT AND REIMBURSEMENT AGREEMENT
THIS DEVELOPMENT AND REIMBURSEMENT AGREEMENT (the
"Agreement") is made as of March 25 , 2008, between the City of Muskegon, 933
Terrace Street, PO Box 536, Muskegon, Michigan 49443 (the "City") and Viridian Properties
LLC, a Michigan limited liability company, of 6250 Jupiter Avenue, Suite B, Belmont, Michigan
49306 (the "Developer").
Recitals
A. In November, 2007, the Developer acquired certain condominium units in Muskegon
Lakeshore SmartZone, a site condominium project located in the City, such units being
legally described on the attached Exhibit A (the "Property").
B. The Property has been deemed a "facility" under Part 201 of Michigan's Natural
Resource and Environmental Protection law (Part 201 ).
C. The Developer plans to prepare the Property for redevelopment, including undertaking
Part 201 due care response activities. These activities will provide environmental
protection by mitigating direct contact risks for occupants and utility workers at the site.
The Developer intends to improve the Property and sell the condominium units contained
in the Property, which will increase the tax base within the City and otherwise enhance
the economic vitality and quality of life in the City.
D. As documented in the proposed remedial action plan ("RAP") submitted to the Michigan
Department of Environmental Quality ("MDEQ") for review in October, 2002 by
Teledyne, arsenic and lead are present throughout the Property at concentrations
exceeding generic residential cleanup criteria. The RAP proposes, among other things, to
place clean fill on the Property in order to mitigate direct contact risks. Because the RAP
has not been approved by the MDEQ and the exposure barrier has not been placed on the
undeveloped portions of the Property, the Developer proposed to mitigate these contact
risks by placement of clean fill (as conditions of each unit and MDEQ approved work
plan dictate) as a Part 201 due care response activity.
E. The City and the MDEQ entered into a CMI Brownfield Loan Agreement on or about
March 18, 2005, which agreement has subsequently been amended (the "City/MDEQ
Agreement")on December 17,2008. Under the City/MDEQ Agreement, the MDEQ made
available to the City the principal sum of Five Hundred Thousand Dollars ($500,000.00)
to provide loan funding pursuant to Part 196, Clean Michigan Initiative Implementation,
of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended
("NREPA"). A copy of the City/MDEQ Agreement is attached as Exhibit B.
F. The City has made available to the Developer for use in connection with the Project, for
1
specified purposes, a portion of the loan described in the City/MDEQ Agreement.
G. This Agreement sets forth the provisions under which the Developer may utilize and shall
repay the money made available by the City.
H. Environmental Resources Management ("ERM") has prepared a work plan dated
_ ___, describing due care response activities to be performed on the Property (the
"Work Plan"). After review and approval of the Work Plan by the City and MDEQ, the
Developer will incur costs in carrying out, or causing to be carried out, the activities
described in the approved Work Plan (the "Eligible Work Plan Costs").
Provisions
For valuable consideration, the receipt and adequacy of which are acknowledged by the
parties, the City and the Developer agree as follows:
I. Submission of Costs. For those Eligible Work Plan Costs for which the
Developer seeks reimbursement from the City, the Developer shall submit to the City the
following:
a. A written statement detailing the purposes and amounts of the costs;
b. A written explanation as to how the Work Plan Costs meet the criteria for
eligibility under the "City/MDEQ Agreement
c. Copies of invoices from contractors, engineers or others who provided
such services or, for the Developer's personnel for whose services
reimbursement is being sought, detailed time records showing the work
performed by such individuals; and
d. Any other information which may be reasonably required by the City or
the MDEQ.
The Developer may submit an application for payment of Eligible Work Plan Costs after
the Work Plan has been approved by MDEQ and the City, and may submit additional
applications for payment of additional Eligible Work Plan Costs after that date, but no more
often than monthly. The finaf date for submission of any such application for payment shall be
September 30, 2008. The City shall make available to Developer under this Agreement and the
City/MDEQ Agreement a sum of money of up to $250,000, contingent on MDEQ and City
approval of Eligible Work Plan Costs.
2. Payment of Eligible Work Plan Costs. Unless it disputes whether any costs are
Eligible Work Plan Costs or the accuracy of such costs, the City shall pay to the Developer the
amounts for which submissions have been made pursuant to paragraph 1 of this Agreement
within 30 days after the City has received all of the submittal materials described in paragraph 1.
If the City disputes whether any costs are Eligible Work Plan Costs, or the amount of such costs,
then before the expiration of such deadline, the City shall pay the amount not in dispute and shall
2
provide the Developer with a written description of the reasons for the City's decision not to
reimburse the Developer for any such costs. The parties shall work together in good faith to
resolve any such dispute.
3. Adjustments to Eligible Work Plan Costs. The amounts and types of costs to
be included as Eligible Work Plan Costs are contained in the Work Plan and the City/MDEQ
Agreement. The costs described in the Work Plan are educated estimates only and any funds
remaining at the end of a phase of work may be carried over and used in the next phase of the
Work Plan. No costs will be reimbursed beyond those identified in the approved Work Plan.
4. Development. The Developer shall commence work to implement the Work Plan
as soon as possible after Work Plan approval, and will use its reasonable best efforts to complete
such work by September 30, 2008, but in no event later than December 17, 2008.The Developer
understands and acknowledges that any Eligible Work Plan Costs incurred after December 17,
2008 shall not be paid under this Agreement.
5. Reporting. The Developer must complete and submit to the City quarterly
progress reports which satisfy the City's obligation as "Borrower" under the City/MDEQ
Agreement. The reports shall be submitted to the City in time for the City to meet the deadlines
for submission under Section V of the City/MDEQ Agreement. In addition, a copy of any report
pertaining to the environmental conditions on the Property shall be provided to the City when it
is made available to the Developer.
6. Compliance with City/MDEQ Agreement. The Developer shall not take any
action, or fail to take any action, which would cause the City, as the Borrower under the
City/MDEQ Agreement, to commit a default or violate any provision under the City/MDEQ
Agreement. If the City claims that the Developer has caused the City to commit a default or
violate a provision under the City/MDEQ Agreement or has defaulted under this Agreement
itself, then the City shall provide written notice of the claimed default and the Developer shall
cure the default within thirty (30) days of the date of receipt of such notice; provided, however,
that if the claimed default is of a character that cannot reasonably be cured with such thirty-day
period, then the City may at it sole discretion elect to grant the Developer an additional period of
time as the City deems reasonable under the circumstances to cure the default or pursue its
remedies for default under section 9 of this Agreement.
The Developer agrees to comply with the terms and conditions of the City/MDEQ
Agreement and further agrees to indemnify and hold the City harmless from any and all
liabilities, claims, costs, losses and damages resulting from the Developer's actions or failure to
act which cause a violation of the terms and conditions of the City/MDEQ Agreement.
7. Payment by Developer. Under the City/MDEQ Agreement, as reflected on the
amortization schedule attached as Exhibit B to such Agreement, the City is required to make loan
repayments to the MDEQ in equal annual installments of principal and interest beginning on
March 18, 2010 and continuing through March 18, 2019. All Eligible Work Plan Costs for
which the Developer has not made reimbursement to the City before March 18, 2010 shall bear
3
interest from that date at the rate of two percent (2%) per annum and shall be repaid by the
Developer to the City in ten (I 0) equal annual installments of principal and interest from March
18, 2010 through March 18, 2019, parallel with the payments that the City is required to pay to
the MDEQ. The Developer may make full or partial repayments of the Eligible Work Plan Costs
to the City before or after March 18, 2010 and no interest shall accrue on the Eligible Work Plan
Costs paid to the Developer unless any amount remains unpaid on March 18, 2010, in which
case, as set forth above, interest shall accrue at the rate of two percent (2%) per annum on any
unpaid principal balance existing from time to time thereafter. If the Developer makes any
prepayment after March 18, 20 I 0, then the remaining unpaid balance shall be re-amortized over
the number of years remaining in the original ten-year term and the Developer shall make equal
annual payments based on the re-amortized schedule.
8. Security. To provide the City with additional assurance of payment, the
developer shall provide the City with a mortgage on the Property, in the form attached as Exhibit
C, and the guaranty of Dan S. Henrickson, the sole member of the Developer, as set forth on the
attached Exhibit D, which are to be executed simultaneously with this Agreement. The parcel
subject to the mortgage is Unit O of the Property. If Unit O is transferred to a bona fide
purchaser for market value consideration, the City agrees to provide the Developer with a release
of the mortgage provided that a new identical form of mortgage is simultaneously executed by
the Developer which encumbers another Unit of the subdivision. The Unit to be encumbered by
the new mortgage shall be mutually agreed upon subject to the Developer's demonstration that
such Unit's present market value is equal to or greater than the total amount of repayment
obligations owed by the Developer under Section 7 at such time. Upon each subsequent sale of a
Unit encumbered by the mortgage, another mortgage shall be simultaneously executed as
described above.
In the event that all of the Units are sold before the Developer's repayment obligations
under section 7 are fully met, all such obligations shall become due and payable on or before the
closing of the sale of the final Unit to be sold.
9. Remedies. Except as otherwise provided in this Agreement, if the Developer
defaults under this Agreement, the City may, at its sole option, pursue all legal and equitable
remedies available under Michigan law, including without limitation, those remedies that the
State has against the City, as Borrower, under the City/MDEQ Agreement.
10. No Assignment. The Developer's rights and obligations under this Agreement
may not be assigned without prior written consent by the City.
11. Waiver. No term, condition, covenant, or provision in this Agreement may be
waived, except in writing, signed by the waiving party. No oral statements, course of conduct, or
course of dealing shall be deemed a waiver. No waiver by any party of any violation or breach of
this Agreement shall be deemed or construed to constitute a waiver of any other violation or
breach, or the continuing waiver of any violation or breach.
4
12. Binding Nature. This Agreement and the rights and obligations under this
Agreement shall not be assigned or otherwise transferred by any party without the consent of the
other party, which shall not be unreasonably withheld. The Agreement shall be binding on any
permitted successor or assign of either party.
13. Termination. This Agreement shall terminate when all of the obligations
required under this Agreement have been fulfilled, a default has occurred, or upon mutual
agreement of the parties.
CITY: DEVELOPER:
CITY OF MUSKEGON VIRIDIAN PROPERTIES LLC, a
MicouJ>,am
5
03/30/2005 Page 1
---·-·-·--------·--·-····---- ---------··------·-------------
Muskegon Environmental Assessment 2004-1008
Compound Period ........ : Annual
f'.lominal Annual Rate .... : 2.000 %
Effective Annual Rate ... : Undefined
Periodic Rate .................. : 2.0000 %
Daily Rate ....................... : 0.00556%
CASH FLOW DATA
--------- ·--------- ---
Event Start Date Amount Number Period
···--------···--·--------------------------'-----__c__::_:~::.:.___
End Date
1 Loan 03/18/2010 500,000.00 1
2 Payment 03/18/2010 54,571.83 10 Annual 03/18/2019
AMORTIZATION SCHEDULE - US Rule, 360 Day Year
-- ···--
Date.
-·----- . -- ·---- - ------ -- _F'ayrnEint
Interest Princi~§I _ Balance
Loan 03/18/2010 500,000.00
1 03/18/2010 54,571.83 0.00 54,571.83 445,428.17
2010 Totals 54,571.83 0.00 54,571.83
2 03/18/2011 54,571.83 8,908.56 45,663.27 399,764.90
2011 Totals 54,571.83 8,908.56 45,663.27
3 03/18/2012 54,571.83 7,995.30 46,576.53 353,188.37
2012 Totals 54,571.83 7,995.30 46,576.53
4 03/18/2013 54,571.83 7,063.77 47,508.06 305,680.31
2013 Totals 54,571.83 7,063.77 47,508.06
5 03/18/2014 54,571.83 6,113.61 48,458.22 257,222.09
2014 Totals 54,571.83 6,113.61 48,458.22
6 03/18/2015 54,571.83 5,144.44 49,427.39 207,794.70
2015 Totals 54,571.83 5,144.44 49,427.39
7 03/18/2016 54,571.83 4,155.89 50,415.94 157,378.76
2016 Totals 54,571.83 4,155.89 50,415.94
8 03/18/2017 54,571.83 3,147.58 51,424.25 105,954.51
2017 Totals 54,571.83 3,147.58 51,424.25
9 03/18/2018 54,571.83 2,119.09 52,452.74 53,501.77
2018 Totals 54,571.83 2,119.09 52,452.74
10 03/18/2019 54,571.83 1,070.06 53,501.77 0.00
2019 Totals 54,571.83 1,070.06 53,501.77
Grand Totals 545,718.30 45,718.30 500,000.00
03/30/2005 Page 2
Muskegon Environmental Assessment 2004-1008
Last interest amount increased by 0.02 due to rounding.
EXHIBIT C
MORTGAGE
THIS MORTGAGE is given on the _Jj_ day of March, 2008, by Viridian
Properties LLC, a Michigan limited liability company, of 6250 Jupiter Avenue, Suite B,
Belmont, Michigan 49306 ("Mortgagor"), to the City of Muskegon, 933 Terrace Street,
PO Box 536, Muskegon, Michigan 49443 ("Mortgagee").
FOR VALUE RECEIVED, Mortgagor mortgages and warrants to Mortgagee land
located in the City of Muskegon, County of Muskegon, State of Michigan, legally described on
the attached Exhibit A and (i) all buildings, structures and other improvements now or in the
future located on the land and all easements, hereditaments and appurtenances now or in the
future belonging to the land, and the rents, income and profits therefrom, (ii) all fixtures now or
in the future attached to or used in connection with the land, (iii) all equipment (including,
without limitation, all machinery, engines, boilers, elevators and plumbing, heating, air
conditioning and ventilating equipment) now or in the future located on the land, all of which
equipment shall be considered to be fixtures and a part of the realty, and (iv) all rights to make
divisions of the land that are exempt from the platting requirements of the Michigan Land
Division Act, as it shall be amended. In this Mortgage, the above-described land, buildings,
structures, improvements, easements, hereditaments, appurtenances, fixtures and equipment are
collectively called "the premises."
THIS MORTGAGE SECURES PAYMENT AND PERFORMANCE OF ALL
INDEBTEDNESS AND OBLIGATIONS NOW AND IN THE FUTURE OWING TO
MORTGAGEE BY MORTGAGOR based on the terms and conditions of the Development
and Reimbursement Agreement between the parties dated March __, 2008 ("the D & R
Agreement").
The indebtedness and obligations secured by this Mortgage are collectively
referred to in this Mortgage as the "Indebtedness."
Mortgagor further warrants, represents and agrees as follows:
1. Payment of Indebtedness. Mortgagor agrees to pay or perfo1m all of the
Indebtedness now or in the future owing by Mortgagor, including all interest on it, in accordance
with the terms of the instruments, documents or agreements evidencing it ("Instruments").
C:\Documents and Settings\\::ari\Loca\ Setlings\Temporary Internet Fi\es\OLKCF4\mortgage02.npC\MSOffice
2. Warranties. Mortgagor warrants and represents to Mortgagee as follows:
The execution, delivery and performance of this Mortgage by Mortgagor will not
violate any law, rule, judgment, order, agreement or instrument binding upon Mortgagor,
and will not violate Mortgagor's articles of organization or operating agreement, and will
not require the approval of any public authority or any third party, and this Mortgage is
the valid and binding obligation of Mortgagor, enforceable in accordance with its terms.
Mortgagor is a Michigan limited liability company which is duly organized and validly
existing in good standing in the State of Michigan. Mortgagor has full power to execute
this Mortgage and the undersigned officer of the Mortgagor has full authority to bind
Mortgagor to the obligations contained in this Mortgage.
3. Assignment of Leases and Contracts. Mortgagor assigns and mortgages to
Mortgagee, and grants to Mortgagee a security interest in, as additional security for the
Indebtedness, all of Mortgagor's right, title and interest in and to all existing and future oral or
written leases of all or any part of the premises or of any interest in them and all existing and
future land contracts or other agreements by which the premises or any interest in them is being
or shall be sold, together with all rents and profits arising from, and all other proceeds of, those
leases, land contracts or other agreements. Without the written consent of Mortgagee, Mortgagor
shall not cancel, accept a surrender of, modify, consent to an assignment of the lessee's interest
under, or make any other assignment or other disposition of, any lease, land contract or other
agreement or of any interest of Mortgagor in it and shall not collect or accept any payment of rent
or of principal or interest or any other amount more than one month before it is due and payable.
Mortgagor shall pay and perform all obligations and covenants required of Mortgagor by the
terms of each lease, land contract or other agreement. If Mortgagor shall default in the payment
or performance of any obligation or covenant, then Mortgagee shall have the right, but shall have
no obligation, to pay or perform it on behalf of Mortgagor, and all sums expended by Mortgagee
in doing so shall be payable by Mortgagor to Mortgagee upon demand, together with interest at
the highest rate per annum required to be paid pursuant to any promissory note given by
Mortgagor to Mortgagee ("Default Rate"). Neither this paragraph nor Paragraph 8 of this
Mortgage implies that Mortgagee consents to the sale, lease or transfer of the premises or any
interest in them.
4. Taxes and Insurance. Mortgagor shall pay, or cause to be paid, before they
become delinquent, all taxes, assessments and other similar charges levied upon or with respect
to the premises and shall promptly deliver to Mortgagee satisfactory evidence of payment of
them. Mortgagor shall cause all buildings, improvements and other insurable parts of the
premises to be insured against loss or damage by fire, by hazards included within extended
coverage and by other risks that Mortgagee from time to time requires, in amounts and with
insurers that are acceptable to Mortgagee, and Mortgagor shall cause all premiums on the
insurance to be paid when due. Mortgagee shall not, however, require hazard insurance covering
any building or buildings that are part of the premises to be in an amount greater than the
replacement cost of the building or buildings. Within 45 days after Mortgagee notifies
Mortgagor that the premises are located in a special flood hazard area but are not covered by
flood insurance in the amount required by applicable law (including, without limitation, the
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federal Flood Insurance Act of 1968, as amended), Mortgagor shall obtain and at all times
maintain in effect the required insurance. Each policy evidencing insurance required by this
Paragraph shall provide that loss shall be payable to Mortgagee as its interest shall appear at the
time of the loss, shall contain a standard mortgage clause, shall be in form and substance
acceptable to Mortgagee and shall be delivered to Mortgagee. Each policy shall provide that the
insurer shall give Mortgagee at least 10 days prior written notice of any cancellation of or any
material change in the insurance. Each renewal of each policy shall be delivered to Mortgagee at
least 10 days before the expiration date of the policy. Upon foreclosure of this Mortgage or other
transfer of the premises in satisfaction of the Indebtedness, all right, title and interest of
M01tgagor in and to any insurance policies then in force, including the right to any premium
refund, shall vest in the purchaser or grantee. If there shall occur any destruction of or damage to
the premises, Mortgagor shall give immediate notice to Mortgagee, and Mortgagee shall have the
right to make proof of the loss or damage, if Mortgagor does not promptly do so. Mortgagee is
authorized to settle, adjust or compromise any claims for loss or damage under any insurance
policy. Mortgagor shall immediately endorse and deliver to Mortgagee all proceeds of any
policy.
5. Maintenance and Repair. Mortgagor shall maintain the premises in good
condition and repair; shall not commit or suffer any waste of the premises; shall not remove,
demolish or substantially alter any building or fixture on the premises without the prior written
consent of Mortgagee; shall cause to be complied with all laws, ordinances, regulations and
requirements of any govermnental authority applicable to the premises or to activities on the
premises; shall promptly repair, restore, replace or rebuild any part of the premises that is
damaged or destroyed by any casualty; and shall promptly pay when due all charges for utilities
and other services to the premises.
6. Mortgagee's Right to Perform; Receiver. If Mortgagor shall default in the
performance of any obligation of Mortgagor under this Mortgage (including, without limitation,
its obligations to keep the premises in good condition and repair, to pay taxes and assessments
and to obtain and maintain insurance), then Mortgagee shall have the right, but shall have no
obligation, to perform, or cause to be performed, the obligation, and Mortgagor shall reimburse
Mortgagee on demand for all sums expended by Mortgagee in doing so, together with interest at
the Default Rate. Mortgagee and any persons authorized by Mortgagee shall have the right to
enter upon the premises at all reasonable times for the purpose of inspecting the premises or
effecting maintenance or repairs or taking any other action under the preceding sentence. The
failure of Mortgagor to pay any taxes, assessments or similar charges upon the premises when
due or to obtain and maintain required insurance shall constitute waste and shall entitle
Mortgagee to the appointment by a court of competent jurisdiction of a receiver of the premises
for the purpose of preventing the waste. The receiver, subject to the order of the court, may
collect the rents and income from the premises and exercise control over the premises as the
court shall order. Any payment or performance by Mortgagee, under Paragraph 3 of this
Mortgage, of an obligation that Mortgagor has failed to perform under a lease, land contract or
other agreement, and any exercise by Mortgagee of any right, remedy or option under a lease,
land contract or other agreement, shall not be considered an assumption by Mortgagee of the
lease, land contract or other agreement or of any obligation or liability under it.
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7. Condemnation. If all or any part of the premises is taken, whether temporarily or
permanently, under power of eminent domain or by condemnation, the entire proceeds of the
award or other payment for the taking shall be paid directly to Mortgagee.
8. Sale or Transfer. If there shall be a sale or transfer, by operation of law or
otherwise, of all or any part of the premises, Mortgagee may deal with the buyer or transferee
with respect to this Mortgage and the Indebtedness as fully and to the same extent as it might
with Mortgagor, without in any way releasing, discharging or affecting the liability of Mortgagor
under this Mortgage and upon the Indebtedness, and without waiving Mortgagee's right to
accelerate payment of the Indebtedness, under Paragraph 11 of this Mortgage, by reason of the
sale or transfer.
9. Environmental Law Warranties and Agreements. Mortgagor warrants and
represents to Mortgagee, and agrees, as follows:
Mortgagor, the premises and all activities of Mortgagor and all other persons on
the premises shall in the future comply with all environmental laws ..
10. Access to Premises. Mortgagee and any persons authorized by Mortgagee shall
have the right to enter upon the premises at all reasonable times for the purpose of (i) appraising
the premises, (ii) investigating (including, without limitation, sampling soil, water and air)
whether the premises and activities upon them are in compliance with environmental laws and
whether the premises are a site or source of environmental contamination or (iii) removing or
remediating any environmental contamination. Without limiting the foregoing, Mortgagee shall
have the right to conduct and submit to appropriate governmental agencies a "baseline
environmental assessment" of the premises· within the meaning of Section 20101 of the Michigan
Natural Resources and Environmental Protection Act, MCL 324.20101, as it shall be amended
from time to time. If, at the time of the appraisal, investigation, assessment, removal or
remediation, there shall have occurred and be continuing an event of default, as defined in
Paragraph 11 of this Mortgage, then Mortgagor shall reimburse Mortgagee on demand for all
costs and expenses of the appraisal, investigation, assessment, removal or remediation, together
with interest at the Default Rate. Mortgagor shall execute any consultant contract, waste
manifest, notice and other documents that Mortgagee requests to enable Mortgagee to take or
conduct any action or activity contemplated by this paragraph, if Mortgagor is given a reasonable
opportunity to negotiate the terms of the contract, manifest, notice or other document.
11. Events of Default and Acceleration. Upon the occurrence of any of the
following events of default, all or any part of the Indebtedness shall, at the option of Mortgagee,
become immediately due and payable without notice or demand:
(a) If default occurs in the payment or performance of any of the
Indebtedness, when and as it shall be due and payable, whether at Maturity or otherwise.
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(b) If default occurs in the perfonnance .of any other obligation to Mortgagee
under the D & R Agreement or if default occurs in the perfonnance of any obligation to
Mortgagee under this Mortgage, whether or not Mortgagee shall have perfonned the
obligation on Mortgagor's behalf, under Paragraph 6 of this Mortgage, and whether or not
Mortgagor shall have reimbursed Mortgagee for any payments or expenses it incurred in
curing the default.
(c) If any warranty, representation or statement that has been or is in the future
made to Mortgagee by Mortgagor in this Mortgage or in the D & R Agreement shall have
been false in any material respect when made or furnished.
(d) If Mortgagor shall default in payment of the principal of or interest on any
indebtedness for borrowed money now or in the future owed to any person other than
Mortgagee.
(e) If Mortgagor shall dissolve, liquidate, become insolvent or make an
assignment for the benefit of creditors.
(f) If Mortgagor, without the written consent of Mortgagee, shall sell, convey
or transfer the premises or any interest in the premises or any rents or profits from the
premises or if any mortgage, lien or other encumbrance or any writ of attachment,
garnishment, execution or other legal process shall be issued against or placed upon the
premises or any interest in them or any rents or profits from them, except in favor of
Mortgagee, or if any part of the premises or any interest in them shall be transferred by
operation of law. Mortgagor's "interest" in the premises shall be considered to include,
without limitation, any right to make a division of the premises that is exempt from the
requirements of the Michigan Land Division Act, as it shall be amended.
(g) If at any time Mortgagee in good faith believes that the prospect of
payment or perfonnance of any part of all of the Indebtedness is impaired.
If a voluntary or involuntary case in Bankruptcy or receivership shall be started by
or against Mortgagor, then the entire Indebtedness shall automatically become immediately due
and payable, without notice or demand. All or any part of the Indebtedness also may become, or
may be declared to be, immediately due and payable under the terms and conditions contained in
any Security Document, Instrument or other agreement that at any time evidences, secures or
relates to the Indebtedness.
12. Remedies. Mortgagee shall have all rights and remedies given by this Mortgage
or otherwise permitted by law. In addition, upon the occurrence of an event of default, as defined
in paragraph 11, or if the Indebtedness shall not be paid at Maturity, Mortgagee shall have the
right and is authorized:
(a) To collect and receive all rents, profits and other amounts that are due or
shall in the future become due under the terms of any leases, land contracts, or other
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agreements, now or later in effect, by which the premises or any interest in them are then
being sold or leased, and to exercise any other right or remedy of Mortgagor under any
lease, land contract, other agreement; but Mortgagee shall have no obligation to make any
demand or inquiry as to the nature or sufficiency of any payment received or to present or
file any claim or take any other action to collect or enforce the payment of any amounts to
which Mortgagee may become entitled, and Mortgagee shall not be liable for any of
Mortgagor's obligations under any lease, land contract, other agreement.
(b) To obtain or update title searches, title insurance and surveys with respect
to the premises, and Mortgagor shall reimburse Mortgagee for all costs of doing so,
together with interest at the Default Rate.
(c) To foreclose this Mortgage by action under applicable law.
(d) To sell, release and convey the premises at public sale, and to sign and
deliver to the purchasers at the sale good and sufficient deeds of conveyance, paying any
surplus funds, after payment of the Indebtedness in full and the expenses of the sale,
including attorney fees as provided by law, to Mortgagor, all in accordance with
Chapter 32 of the Michigan Revised Judicature Act, as it may be amended from time to
time, and any similar statutory provisions that may in the future be enacted in addition to
Chapter 32 or in substitution for it. The premises may, at the option of Mortgagee, be
sold in one parcel.
All rights and remedies of Mortgagee under this Mortgage, whether or not
exercisable only on default, shall be cumulative and may be exercised from time to time, and no
delay by Mortgagee in the exercise of any right or remedy shall be a waiver of it, and no single or
partial exercise of any right or remedy shall prevent other or further exercise of it or the exercise
of any other right or remedy, except to the extent otherwise provided by law. In this Mortgage,
"maturity" means the time when the Indebtedness shall be or shall become due and payable,
whether by the terms of the Instruments or under Paragraph 11 of this Mortgage or otherwise.
13. Indemnification. Mortgagor shall indemnify and hold harmless Mortgagee with
respect to any and all claims, demands, causes of action, liabilities, damages, losses, judgments
and expenses (including attorney fees) that shall be asserted against or incurred by Mortgagee by
reason of (i) any representation or warranty by Mortgagor in this Mortgage being inaccurate in
any respect, (ii) any failure of Mortgagor to perform any of Mortgagor's obligations under this
Mortgage, or (iii) any future condition or use of the premises (whether known or unknown), other
than an excluded condition or use, including, but not limited to, liabilities arising under any
environmental law. An "excluded condition or use" is one that both (A) does not exist or occur,
to any extent, at any time before Mortgagor has permanently given up possession and control of
the premises by reason of a foreclosure of this Mortgage or Mortgagee's acceptance of a
conveyance of the premises to Mortgagee in lieu of foreclosure and (B) was not caused or
permitted to exist, in whole or part, by any act or omission of Mortgagor. Indenmification by
Mortgagor under this paragraph shall not limit any other right or remedy (including Mortgagee's
right to accelerate payment of the Indebtedness) that is available to Mortgagee by reason of the
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circumstance in respect of which indemnity is made. Mortgagor's obligations under this
paragraph shall survive foreclosure of this Mortgage and any conveyance of the premises in lieu
of foreclosure.
14. Waivers.
(a) Mortgagor and any other person who in the future obtains a mortgage or
lien upon, or any other interest in, the premises waives, with respect to any foreclosure of
this Mortgage, (i) any right to marshaling of the premises and any right to require a
minimum bid or "upset" price, and (ii) the benefit of any stay, extension, exemption or
moratorium law, now existing or enacted in the future.
(b) Mortgagee may at any time release all or any part of the premises from the
lien of this Mortgage or release the liability of any person for the Indebtedness, with or
without consideration and without giving notice to, or obtaining the consent of, the holder
of any mortgage or lien upon, or other interest in, the premises. A release shall not impair
or affect the validity or priority of this Mortgage, regardless of the effect of the release
upon the mortgage, lien or other interest or the holder of it. This subparagraph does not
imply that Mortgagee consents to the placing of a mortgage, lien or other encumbrance on
the premises.
(c) Mortgagor (i) waives notice of any advances or other extensions of credit
included in the Indebtedness, (ii) waives any right to require Mortgagee to sue upon or
otherwise enforce payment of the Indebtedness or to enforce any security for it before
exercising its rights and remedies under this Mortgage, and (iii) agrees that the validity
and enforceability of this Mortgage shall not be impaired or affected by any failure of
Mortgagee to obtain or perfect, or to secure priority of, any other security at any time
given, or agreed to be given, by any person for the Indebtedness.
15. Expenses. Mmtgagor shall pay to Mortgagee on demand all expenses, including
attorney fees and legal expenses, paid or incurred by Mortgagee in collecting or attempting to
collect the Indebtedness or in protecting and enforcing the rights of and obligations to Mortgagee
under any provision of this Mortgage, including, without limitation, taking any action in any
Bankruptcy, insolvency or reorganization proceeding concerning Mortgagor or foreclosing this
Mortgage by advertisement or by action. The expenses shall bear interest, from the date paid or
incurred by Mortgagee, at the Default Rate.
16. Application of Proceeds. If any rents or profits or any proceeds of insurance or
proceeds of any condemnation or eminent domain award or proceeds from any sale of the
premises at foreclosure are paid to Mortgagee, Mortgagee shall have the right to apply the rents
or profits or proceeds, in amounts and proportions that Mortgagee shall in its sole discretion
determine, to the full or partial satisfaction of any or all of the indebtedness and obligations
secured by this Mortgage, including any contingent or secondary obligations, whether or not they
shall then be due and payable by the primary obligor.
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17. Other. Any notice to Mortgagor or to Mortgagee shall be considered to be given
if and when mailed, with postage prepaid, to the respective address of Mortgagor or Mortgagee
appearing on the first page of this Mortgage, or if and when delivered personally. The provisions
of this Mortgage shall be binding upon and inure to the benefit of Mortgagor and Mortgagee and
their respective successors and/or assigns. Any provision of this Mortgage prohibited or
unenforceable by any applicable law shall be ineffective only to the extent and for the duration of
the prohibition or unenforceability without invalidating the remaining provisions of this
Mortgage. 1n this Mortgage, "protective advance" means an indebtedness or obligation that is
secured by this Mortgage and that arises because Mortgagee makes an expenditure or
expenditures (i) to fulfill or perform an obligation of Mortgagor under this Mortgage, with
respect to the premises, that Mortgagor has failed to fulfill or perform, (ii) to preserve the priority
of this Mortgage or the value of the premises, or (iii) for attorney fees or other expenses that are
incurred in exercising a right or remedy under this Mortgage or that Mortgagor has agreed in this
Mortgage to reimburse to Mortgagee. This Mortgage shall be interpreted in accordance with the
laws of the State of Michigan.
IN WITNESS WHEREOF, Mortgagor has executed this Mortgage as of the date first
above written.
MORTGAGOR:
Viridian Properties LLC, a
Michi n ·mited liabilitY, company
By:
Its Member
Acknowledgment
Acknowledged before me in K.eNI- County, Michigan, on March IB_, 2008, by
Dan S. Henrickson, Member of Viridian Properties LLC, a Michigan limited liability company,
on behalf of the limited liability company.
Notary Public, k:_ wCounty, MI
Acting in ~ County, .tv)"I
My commission expires: 5/J-d-'/ 001;,.-
PREPARED BY AND RETURN TO:
Scott J. Steiner (P42490)
Rhoades McKee
161 Ottawa Avenue, N.W., Suite 600
Grand Rapids, MI 49503
(616) 235-3500
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EXHIBIT A
Legal Description of the Property
Unit O of Muskegon Lakeshore SmartZone, a Site Condominium, according to
the Master Deed recorded in Liber 3503 Page 491, Muskegon County Records,
and designated as County Condominium Subdivision Plan No. 100, together with
rights in the general and limited common elements, as set forth in the Master
Deed and as described in Act 59 of Public Acts of Michigan of 1978, as amended,
and specifically including certain riparian rights, including those appurtenant to
Unit 0, but not the riparian rights appurtenant to any other unit in the
Condominium.
Su.- aibde,1
h#I/J,1 ·:e··
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r• •.,
~.>'9/J/J17 e
Sheet 2 of 3
PREPARED FOR: True North Architecture
Note: Areas shown are to the
Attn. Mark McDowell
shoreline of Muskegon Lake
a:. 6250 Jupiter A venue, Suite B
~--- "' ~ '"~ Belmont, Ml 49306
RE: True North Muskegon
!jl;i
t" .., ~
PARTIAL DESCRIPTION: Part of Unit "/'; Unit "N" and Unit "O" of
Muskegon Lakeshore Smartzone Site Condorriinium, Rep/at No. 1 to
Muskegon County Condominium Subdivision Plan No. 100, Section
~ Muskegon Lake 19, TION, R16W. City of Muskegon, Muskegon County. (See Sheet
3 of 3 for complete descriptions).
\,..,
L=100.12'
R=BS.00'
6B.1ir
N87°0B'22"W ,~-\
\~
/J=67°29'.20"
CH=N53°43'40"W L=218.75'
R=233.00' \ ~81.56' - - - -
t?- ~·
--~
94.43' \_ \__- - NB50,S•34"£ '..r.X;-....:~
.,,.
"=53°47'26"
CH=N60°14'J9"W l?:'s,"-(6'.:r~
210.80' %0- 0~
INTERMEOIA TE TRAVERSE LINE !>.S,,...;,
e"'-
L=23.58'
•
~·~ 0 ..
-.,.
~ -"~
L.u~e\..-o,rt
R=233.00'
A=05°47'59n "'~
... '· Unit "o" ~
"'- . . i ,J 1,· . I CH=N30°26'57"W • I:,"' ~
~t.lrfl/\ 1 LA, =(i=Ji~---' 2008.
WHEREAS, Vh-idian Properties LLC, a Michigan limited liability company (the
"Borrower"), has this date executed a Development and Reimbursement Agreement (the
"Agreement") which obligates the Borrower to make certain payments to the City of
Muskegon (the "Lender"); and
WHEREAS, one of the considerations for Lender's entering into the Agreement is the
execution of this Guaranty by Dan S. Henrickson (the "Guarantor").
NOW, TI:IEREFORE, the Guarantor, for valuable consideration and in consideration
of the above, agrees as follows:
1. The Guarantor unconditionally and absolutely guarantees to Lender the prompt
payment of the principal and interest required of the Borrower under the Agreement and any
and all renewals or extensions in whole or in part of the Agreement, until the same, both
principal and interest, are fully paid and satisfied.
2. This Guaranty is the direct and primaty obligation of the Guarantor and is also
an absolute and unconditional guaranty of payment and shall be enforceable against the
Guarantor, his legal representatives, heirs, successors and assigns, without the necessity of
any suit or proceeding against the Borrower and without the necessity of any notice of non-
payment, non-performance or non-observance or ofanynotice ofacceptance ofthis Guaranty
or of any other notice or demand to which the Guarantor might otherwise be entitled, all of
which the Guarantor expressly waives. The Guarantor expressly agrees that the validity of
this Guaranty and the obligations Qfthe Guarantor shall in no way be terminated, affected,
diminished, or impaired by reason of the assertion or the failure to assert by the Lender
against the Borrower, its successors and assigns, of any rights and remedies reserved to it
under the terms of the Agreement or otherwise available to it in law or in equity.
3. This Guaranty shall be a continuing guaranty and the liability of the Guarantor
under this Guaranty shall in no way be affected, modified or diminished by reason of any
renewal, modification or extension ofthe Agreement or any instrument securing performance
of the Agreement, or by reason of any modification or waiver or change in any of the terms,
covenants or provisions of the Agreement, or by reason of the extension of time that may be
granted by the Lender.
4. Lender is hereby expressly authorized from time to time and without any notice
to the Guarantor to give and to make such extensions, renewals, modifications, indulgences,
settlements and compromises as it may deem proper with respect to the Agreement, including
the taking, releasing or modification of any other security or guaranty given by the Guarantor
upon such terms as may be acceptable to Lender without any manner affecting or impairing
the liability of the Guarantor under this Guaranty.
5. This Guaranty shall be construed according to the laws ofthe State ofMichigan
in which state it shall be performed by the Guarantor. This Guaranty shall be binding upon
the Guarantor, his heirs and assigns, and shall inure to the benefit of Lender, its successors
and assigns. Any assignment of the Agreement shall automatically include assignment to
such assignee of the rights of Lender under this Guaranty.
The Guarantor has executed this Guaran on the day and year first above written.
2
Date: March 25, 2008
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Liquor License Transfer Request
Community Management, Inc., 1149 Wood
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Community Management, Inc.
to transfer ownership of the 2007 SOD and SOM licensed business
located at 1149 Wood Street from Christian Kado, LLC.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Muskegon Police Department
Anthony L. Kleibecker
Director of Public Safety
980 Jefferson www.muskego npo lice.com Phone: 231-724-6750
Muskegon, Michigan FAX: 231-722-5140
49443-0536
February 7, 2008
To: City Commission through the City Manager
From: L-. l ~
ony L. Kleibecker, Director of Public Safety
Re: Liquor License Request - 1149 Wood Street
Transfer of 2007 SDD and SOM Licensed Business
The Muskegon Police Department has received a request from the Michigan Liquor Control Commission
for an investigation from applicant Community Management, Inc. of 1149 Wood Street, Muskegon, MI.
49441.
Community Management, Inc. is requesting to transfer ownership of 2007 SOD and SOM licensed
business from Christian Kado, LLC. The new applicants are Arkan Batu of Sterling Heights, MI. and
Ferris Alkazir of Macomb Township, MI.
Mr. Batu does have experience in the alcohol service industry and has been made aware of the Muskegon
Police Departments position on enforcing local alcohol laws and ordinances. The applicant has also been
made aware of the following two websites for additional training opportunities; the Michigan Licensed
Beverage Association and the Liquor Control Commission.
A check of Muskegon Police Department records and criminal history showed no reason to deny this
request.
ALK/kd
Michigan Department of Labor & Economic Growth
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005
Lansing, Michigan 48909-7505
LOCAL GOVERNMENT 15-DAY NOTICE
[Authorized by R 436.1105 (2d) and (3)]
December 11, 2007
MUSKEGON CITY
C/O CITY CLERK
933 TERRACE STREET
PO BOX536
MUSKEGON, Ml 49443-0536
Request ID#: 436281
The Michigan Liquor Control Commission has received an application from COMMUNITY MANAGEMENT, INC.
REQUEST TRANSFER OWNERSHIP OF 2007 SDD AND SOM LICENSED BUSINESS LOCATED AT 1149
WOOD, MUSKEGON, Ml 49442, MUSKEGON COUNTY FROM CHRISTIAN KADO, LLC.
Home address and telephone number:
ARKAN BATU 35700 KENSINGTON AVE, STERLING HEIGHTS, Ml 48312 (586) 979-8333-H (586) 873-2411-W
FERRIS ALKAZIR 19288 BUSH DRIVE, MACOMB TOWNSHIP, Ml 48044 {248) 224-5855
Specially Designated Merchant (SOM) licenses permit the sale of beer and wine for consumption off the premises
only. Specially Designated Distributor (SOD) licenses permit the sale of alcoholic liquor, other than beer and wine
under 21 per cent alcohol by volume, for consumption off the premises only.
For your information, part of the investigation of the application is conducted by the local law enforcement agency
and investigative forms will be released to them either in person or by mail.
Although local governing body approval is not required by the Michigan Liquor Control Code, Rules and Related
Laws for off-premise licenses, the local governing body, or its designee, may notify the Commission at the above
address within 15 days of receipt of this letter if the applicant location will not be in compliance with all appropriate
state and local building, plumbing, zoning, fire, sanitation and health laws and ordinances, or if the applicant is
considered ineligible due to other factors.
All conditions of non-compliance must be outlined in detail, indicating the applicable laws and ordinances. A copy
of the law and/or ordinance may be submitted with the notification.
If you have any questions, contact the appropriate unit (On Premises, Off Premises or Manufacturers &
Wholesalers) at (517) 322-1400.
mis
LC-3104(Rev. 09/05)
Authority: R436.1105(2d) and (3)
The Department o1 Labor & Economic Growth will not discriminate against any individual or group because al race, sex, religion, age,
national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
I
Completion: Mandatory with Disabilities Act, you may make your needs known to this agency.
Penalty: No License
;-2·/-o'i'
Michigan Department of Labor & Economic Gruwth
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC) v/41724-67 I7
FAX (23 I }726-250 I
Engineering Liquor Control Commission
(23 1)724 -6707 7 150 Harris
FAX (23 1)727-6904
PO Box 30005
Finance
(23 I )724-6713 Lansing, MI 48909-7505
FAX (231 )724-6768
Fire Department REF: Reg ID #436281
(23 1)724-6792
FAX (231 )724-6985
Community Management, Inc.
I 149 Wood
Income Tax
(23 1)724-6770 Muskegon, MI 49442
FAX (23 1)724-6768
Info. Technology To Whom It May Concern:
(23 I )724-4 I26
FAX (23 1)722-4301
Enclosed is Form LC- 1800, print card, and check for Arkan Batu. This was
Inspection Services
(23 I)724-67 15 recommended for approval by the City Commission at their March 25, 2008, City
FAX (23 1>728-437 1 Commission M eeting.
Leisure Services
(23 1)724-6704 Please do not h esitate to call me at (231) 724-,
FAX (23 1)724- 1196 U.S. Postal ServicerM ·
..a
Mayor's Office Sincerely, ::r CERTIFIED MAIL™RECEIPT
(23 1)724-670 I
FAX (23 I )722- 1214 • .o ' • I "',:it.,_ 0 ~\ ,'
SENDER: COMPLETE rHis si,cr,oN .·. · · ·_- ,coMPLETE,rH1s·
. •i ,•
si:c;r!~N ON DELIVER~,;,_;r
. • .
. .
P lanning/Zoning
(23 1)724 -6 702 • Complete item s 1, 2, and 3. Also complete A. Signature
CJ Agent
FAX (23 1)724 -6790 Linda Potter Item 4 If Restricted Delivery Is desired.
• Print your name and address on the reverse X CJ Addressee
Po lice Department Deputy Clerk so t hat we can return the card to you.. . a. Received by ( Printed Name)
(2J I )724-6750 • Attach this card to the back of the ma1lp1ece,
FAX (23 1)722-5 140 or o n the front if space permits.
enc.
Public Works 1. Article Addressed to:
(23 1)724-4100
FAX (231)722-4 188
Treasurer Liquor Control Commission
(23 I )724-6720
FAX (23 1)724-6768 7 150 Harris
PO Box 30005
Water Billing
(2 3 1)724-67 18 Lansing, MI 48909-7505
FAX (23 1)724-6768
Water Filtration 4. Restricted Delivery? (Extra Fee)
(23 I )724 -41 06 2. Article Number
FAX (23 I )755-5290
City of Muskegon (fransfer from service labeQ
7006 01 00 0004 83 4 0 8 74 b
102595·02-M·
PS Form 3811 , February 2004 Domestic Return Receipt
DATE: March 13, 2008
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-070105
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
555 Amity- Area 12 is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: # EN-070105 -555 Amity.
Location and ownership: This structure is located on Amity between Scott and
Williams Streets and is owned by Joseph Anderson.
Staff Correspondence: A dangerous building inspection was conducted on
10/03/07and an interior inspection was conducted 08/06/07. The Notice and
Order to Repair was issued on 06/04/07. On 10/04/07 the HBA tabled case until
November 2007 to allow owner to obtain permits, schedule monthly progress
inspections and complete repairs 6 months after permits issued. The case came
back before HBA 01/05/08 and was declared substandard, dangerous and a
public nuisance.
Owner Contact: Christine Anderson was present at the HBA dated 10/04/07
stating she was trying to obtain insurance money to fix property, she was advised
to submit reasonable timeline. Ms Anderson came to obtain permits but did not
agree with cost. A letter was received stating ownership of house had been
transferred to a Joseph Anderson. Mr. Anderson met with Inspections and
submitted a timeline which was not acceptable to Inspections. To date no
permits have been issued and no further contact from owner.
Financial Impact: CDBG
Budget action required: None
State Equalized value: $15,600
Estimated cost to repair: $25,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
O:\lnspections\Grabinski_Lorraine\Word\CC MEETINGS\AGENDA -555 Amity.doc page 1 of I
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, Ml 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Monday, June 4, 2007
Enforcement# EN070105 Property Address 555 AMITY AVE
Parcel #24-205-053-0004-00 Owner ANDERSON CHRISTINA
Inspector: Henry Faltinowski
Date completed: 05/22/2007
DEFICENCIES:
Uncorrected
1. Numerous broken windows.
2. Doors kicked in.
3. Rotted siding.
4. Rotted facia & soffit
5. Graffitti on house and vehicle in yard.
6. Interior of house full of debris.
7. Interior of house partly renovated. ( Incomplete and no permits)
8. Furnace needs to be repaired or replaced.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, Ml 49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
Henry Faltinowski, Building Inspector Date
CITY OF MUSKEGON
933 Terrace St., P.O. Box 536, Muskegon, MI 49443 (231)724-6715
DANGEROUS BUILDING INTERIOR INSPECTION REPORT
555 AMITY A VE
08/06/2007
Inspection noted:
Uncorrected
1. Inspect & certify chimney.
2. Inspect & certify heating units & water heater.
3. pressure test gas.
4. Repair/replace ductwork - vent water heater properly.
5. When water is established inspect repair all plumbing - to meet
Michigan 2003 Plumbing Code.
6. Support plumbing & ductwork & piping.
7. Need scald free faucet for shower/bath.
8. Need bath vent fan - caulk toilet.
9. Provide supply air & return air for habital spaces.
10. Need vacuumn breaker for hose spigot.
11. Need T & P drain for water heater.
12. Plumbing & mechanical to conform to 2003 codes.
13. House to be rewired to code.
14. Smoke alarms to be installed to code.
15. Electric service to meet code.
17. Must remove all interior debris to allow for inspection of flooring and ceiling.
18. Replace all interior walls, ceiling, floor damage throughout numerous.
19. All stairs, handrails, guardrails must meet code.
20. Smoke alarms per code electric battery backup.
21. All windows must be repaired/operable.
22. Foundation wall repair- Engineer desired.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
INSPECTION SUM!vIARY
FOR: 555 Amity
This wood frame single family dwelling has been seriously damaged and is currently
boarded up and falling into a state of disrepair. This building has had most of the
windows broken out and was becoming an attractive nuisance before being boarded up.
The property owner submitted a timeline that does not address all of the issues associated
with this structure and did not give a reasonable period of time for repairs necessary to
make this a habitable structure. This office has had no contact with the property owner
since mid February. If left unabated, this building will continue to deteriorate and be a
blighting influence on the neighborhood.
DATE: March 13, 2008
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-070217
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
811 W. Grand - Area 12 is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids tor the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract tor demolition with
the lowest responsible bidder.
Case# & Project Address: # EN-070217, 811 W. Grand.
Location and ownership: This structure is located on W. Grand between Henry
and Division Streets and is owned by Joyce Lockett.
Staff Correspondence: A dangerous building inspection was conducted on
10/03/07. The Notice and Order to Repair was issued on 10/18/07. On 12/06/07
the HBA declared the structure substandard and dangerous.
Owner Contact: No one was present at the HBA meeting. The owner had some
contact with Inspections indicating a desire to rehab the property but has not
submitted a timeline nor applied tor permits.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $21,500
Estimated cost to repair: $15,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
O:\lnspections\Grabinski_Lorraine\Word\CC MEETINGS\AGENDA - 811 W. Grand.doc page I of 1
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, Ml 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Monday, October 15, 2007
Enforcement# EN070217 Property Address 811 W GRAND AVE
Parcel #24-205-487-0001-00 Owner LOCKETT JOYCE
Inspector: Henry Faltinowski
Date completed: 10/15/2007
DEFICENCIES:
Uncorrected
1. Back section of home has been severely damaged by fire. Structural
damage to rafters, ceiling joists, walls and floors. Rebuild burnt section to
MRC 2003 code.
2. Encapsulate all smoke damage.
3. Interior inspection requested.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, Ml 49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
Henry Faltinowski, Building Inspector Date
INSPECTION SUMMARY
FOR 811 W. Grand
This is a single story wood frame single family dwelling. This building has severely
damaged by fire on the rear portion of the structure. The owner has indicated on a
number of occasions that she intends to repair this structure, however no interior
inspections have been scheduled, no timeline for repairs has been submitted and no
permits have been applied for. It should also be noted that the property appears to have
been forfeited for non-payment of taxes.
II
DATE: March 13, 2008
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-070211
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
256 Iona - Area 11 is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: # EN-070211 -256 Iona.
Location and ownership: This structure is located on Iona between Spring and
Ambrosia Streets and is owned by Stacey Scheuerer.
Staff Correspondence: A dangerous building inspection was conducted on
09/25/06 and an interior inspection was conducted 01/08/08. The Notice and
Order to Repair was issued on 10/18/07. On 12/06/07 the HBA tabled case until
January 2008 pending sale to new owner The case came back before HBA
01/03/08 and was declared substandard, dangerous and a public nuisance.
Owner Contact: Stacey Scheuerer was present for both HBA meetings. The first
meeting dated 12/06/07 Ms. Scheuerer stated she bought the structure from the
Country tax sale to fix and live in but after seeing inside decided to sell. She
indicated she had a buyer interested and the sale was pending. Ms Scheuerer
was present for HBA meeting dated 01/03/08 stating the sale had not gone thru
and she now had the house listed with a realtor. No permits were issued nor a
timeline submitted for repairs.
Financial Impact: CDBG
Budget action required: None
State Equalized value: $19,800
Estimated cost to repair: $25,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
O:\Inspections\Grabinski_Lorraine\Word\CC MEETINGS\AGENDA-256 Iona.doc page I of I
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, Ml 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Thursday, October 18, 2007
Enforcement# EN070211 Property Address 256 IONA AVE
Parcel #24-205-236-0004-10 Owner COUNTY OF MUSKEGON
Inspector: Henry Faltinowski
Date completed: 09/25/07
DEFICENCIES:
Uncorrected
1. Home is boarded up.
2. Front entry stairs need repair to MRC 2003 Code.
3. Siding started but falling off home.
4. Back section of home deteriorated, structural damage replace to code.
5. Repair fascia and soffit open area.
6. Provide interior inspection.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, Ml 49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
Henry Faltinowski, Building Inspector Date
City of Muskegon
933 Terrace St., P.O. Box 536, Muskegon, Ml 49443
(231) 724-6715
Thursday, January 10, 2008
DANGEROUS BUILDING INTERIOR INSPECTION REPORT
Property Address: 256 IONA A VE Parcel# 24-205-236-0004- IO
Owner: Stacy Scheuerer
Inspection Type: DB Interior Inspection Inspector: Henry Faltinowski
Date completed: 01/08/2008
DEFICIENCIES:
Uncorrected
1. Interior of home has been stripped of drywall - all framing of headers, cut-notched joists
& beams must meet MRC 2003 code.
2. Safety glazing required in stairway to upper section of home.
3. Fire block all ballooned framing to upper level of home.
4. Headers required on bearing walls per MRC 2003 window openings.
5. Repair all ceiling damage and wall and floor covering to MRC 2003 code.
6. Smoke alarms per code.
7. Egress windows in bedrooms.
8. All handrail, guardrails to MRC 2003.
9. Electric service to be replaced to code.
10. House to be wired to code.
11. Smoke alarms to be installed to code.
12. House currently is gutted and has new wiring done w/o permits or inspections.
13. Inspect & certify furnace water heater and chimney.
14. Clean ductwork need a spigot outside (missing) all spigots must have vacuum breaker.
15. Need bath & kitchen plumbing.
16. Need bath vent fans -need all new plumbing.
17. Union disconnect must be outside offnrnace.
18. Pressure test gas line.
19. Insure all habital space have supply air and return air.
20. Check water pressure.
Based upon my recent inspection of the above property I determined that the structure
meets the definition of a Dangerous Building and/or Substandard Building as set forth in
Section 10-61 of the Muskegon City Code.
HENRY FALTINOWSKI BUILDING INSPECTOR DATE
INSPECTION SUMMARY
FOR: 256 Iona
This is a two story wood frame single family dwelling. This building has been stripped
of interior wall covering and based on interior inspection conducted January 8, 2008, this
building would require extensive renovating and repairs. The property owner has
indicated a desire to sell this property. To date, no timeline has been submitted and no
permits have been applied for.
DATE: March 17, 2008
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-070048
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1850 Park - is unsafe, substandard, a public nuisance and that it be demolished
within thirty (30) days. It is further requested that administration be directed to
obtain bids for the demolition of the structure and that the Mayor and City Clerk
be authorized and directed to execute a contract for demolition with the lowest
responsible bidder.
Case# & Project Address: # EN-070048, 1850 Park Commercial Building.
Location and ownership: This structure is located on Park St between Keating
and Laketon Streets and is owned on land contract between Whittaker Place LLC
and Jasper Love.
Staff Correspondence: A dangerous building inspection was conducted on
03/19/2007 and an interior inspection was conducted 05/03/07. The Notice and
Order to Repair was issued on 03/30/07. On 06/07/07 the HBA tabled case until
August 2007 to allow owner time to provide engineering drawings, timeline and
appropriate permits The case came back before HBA 08/02/07 and was
declared substandard, dangerous and a public nuisance.
Owner Contact: Jasper Love was present for the HBA meeting dated 06/07/07.
He stated he got a permit to start stripping roof but was told he needed
engineered drawings which he said he hired a engineer. Mr. Love was present at
the meeting dated 08/02/07 stating his engineer had a death in the family and he
was still waiting to receive drawings. No drawings have been submitted, no
further permits issued an no contact from owner since that time.
Financial Impact: General
Budget action required: None
State Equalized value: $40,100
Estimated cost to repair: $80,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
O:\lnspections\Grabinski_Lorraine\Word\CC MEETINGS\AGENDA -1850 Park.doc page I of I
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, Ml 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Monday, March 19, 2007
Enforcement# EN070048 Property Address 1850 PARK ST
Parcel #24-131-200-0001-00 Owner LOVE JASPER
Inspector: Henry Faltinowski
Date completed: 03/19/2007
DEFICENCIES:
Uncorrected
1. Northeast section of roof has collapsed.
2. Window broken out.
3. Provide engineered or architectural design on repairs.
4. Provide interior inspection by trade inspectors.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, Ml 49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
Henry Faltinowski, Building Inspector Date
CITY OF MUSKEGON
933 Terrace St., P.O. Box 536, Muskegon, Ml 49443 (231)724-6715
DANGEROUS BUILDING INTERIOR INSPECTION REPORT
1850PARKST
05/03/2007
Inspection noted:
Unco1Tected
1. Replace all electric wiring, service, and equipment to cu1Tent code.
2. Pressure test gas piping
3. Inspect & certify heating system.
4. Inspect Boiler state * BYU's
5. Inspect & certify all mechanical & plumbing.
6. Mechanical & Plumbing to meet 2003 Codes.
7. *Depending on what is used -some inspections are not applicable.
8. Replace entire roof system with architect or structural engineered drawings, drawing
must be reviewed by Inspection Department.
9. Repair all interior ceiling wall damage.
10. Repair exterior wall and lintels at entry over hang.
11. Remove rotted frame and paneling on framed steel canopy.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
INSPECTION SUMMARY
FOR: 1850 Park
This building is a concrete structure with wood frame roof system. This building is the
northern most 100 ft of the structure known as Whittaker Building. The roof system of
this building has been neglected to the point of structural failure. It appears that
approximately 50% of the roof has collapsed. To date no drawings have been submitted,
no permits have been applied for and no schedule of repairs has been submitted. This
structure is currently not habitable and left unattended will continue to deteriorate.
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