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CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 11, 2020 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
A. Success Story – Marquette Neighborhood-Enhanced Neighborhood Grant
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Nelson Neighborhood Market Donation Proposal City Clerk
C. Mobile Food Vending Ordinance Updates City Clerk
D. Rescue Mission Property Transfer Development Services
E. 1601 Beach Lease Amendment Development Services
F. Paid Beach Parking Planning
G. Unruly Brewing Revolving Fund Application Economic Development
H. Arena Change Order City Manager
I. Arena Wall Padding City Manager
J. MDEGLE Grant Agreement City Manager
K. Amendment to Wireless Communication Support Facilities Ordinance
SECOND READING Planning
L. Rezoning of 372 Morris Avenue - SECOND READING Planning
M. 4th of July Fireworks City Clerk
□ PUBLIC HEARINGS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
Page 1 of 2
A. Arena Related Agreements City Manager
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: 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 MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Memorandum
To: Mayor and Commissioners
From: Frank Peterson
Re: City Commission Meeting
Date: February 11, 2020
Here is a quick outline of the items on our agendas:
Work Session:
1. We will hear a presentation from MATS leadership regarding proposed changes to
service. I have had a chance to review these with county leadership. At the end of the
day, it will come down to cost and if/how it is funded. Our system is unique in that two
of the cities (Muskegon and Muskegon Heights) have residents with greater need for
service, but many of the commercial amenities that they need to visit via public transit
are in the outlying areas (like the mall or Walmart and Meijer, which are collectively
located in Fruitport, Norton Shores, and Roosevelt Park). It will make it very difficult to
identify a “fair” way for local units of government to fund the service from their general
funds. At the same time, the County is not in a financial position to cover all of those
costs without dramatically reducing routes/service. I think we are going to find that this
is a very expensive service for a relatively small user group. That doesn’t mean that it
should not be funded, but we should look closely at how robust the service should be in
light of the costs/benefits.
2. Mike Franzak will be in attendance to present the final beach parking plan. Once
Commissioners determine that they would like to move forward with the preferred
vendor, staff will then draft an ordinance amendment that would allow for the parking
fees to be implemented. We do feel comfortable that the program can be implemented
by Memorial Day.
3. Leo Evans will be in attendance to give an update on the Lead Service Line replacement
requirements from the State of Michigan. One key piece of information that we learned
over the past few weeks is that we must fund this program with usage fees. We cannot
use special assessments. This is unfortunate to us as it shifts the cost to bill-payer vs the
home owner – this is important in situations where a home is rented and the tenant pays
the water bill. We will be requesting a departure from the current replacement schedule.
The state-imposed schedule would require us to raise about $3 Million annually from rate
payers for the next 20 years. We would like to stretch that to 80 years – costing only
$750,000 annually. My guess is that we’ll likely not be authorized to stretch he program
to 80+ years, but could see the program stretched to 40-60 years. Of note, we do not
have a significant amount of known lead issue that can be substantiated directly to the
service line network.
4. City Clerk will be presenting an update to the Mobile Food Vending Ordinance. The
proposed change was triggered after a complaint was received about a food truck in the
Lakeside Business District. Staff feels that this review will result in a better program city-
wide.
5. Jake Eckholm will be in attendance to present the Economic Development Department’s
Multi Family Housing Study.
6. Jake Eckholm will be in attendance to discuss three pending requests to access the City’s
revolving loan fund. We would like to move forward with one request at the regular
session and the other two at a meeting later this month.
7. Staff would like to discuss the opportunity and options to move additional development
through on land adjacent to the Shoreline Inn.
Regular Session:
1. Under Honors/Awards:
a. Recognition of the hard work of Marquette Neighborhood Enhancement Grant
team that worked to paint more than 100 fire hydrants in their neighborhood.
2. Under the Consent Agenda, we are asking the Commission to consider the following:
a. Approval of meeting minutes from the most-recent City Commission meeting.
b. Approval of a donation proposal from Nelson Neighborhood.
c. Approval of updates to the mobile food vending ordinance.
d. Approval of the transfer of property to the Muskegon Rescue Mission for their
proposed expansion.
e. Approval of an amendment to the lease agreement with The Deck restaurant at
Pere Marquette Park to accommodate their expansion.
f. Approval of the vendor for payment kiosks at Pere Marquette Park and various
launch ramps.
g. Approval of revolving loan fund application with Unruly Brewing.
h. Approval of the change order for Mercy Health Arena Restroom Renovations
i. Approval of purchase of arena dasher board padding to accommodate West
Michigan Ironmen.
j. Approve of MDEGLE Grant Agreement related to environmental remediation at
the Convention Center site.
k. Approval of an amendment to the Wireless Communication Support Facilities
ordinance to allow for a new tower to be installed at central fire station to
accommodate Muskegon Central Dispatch’s conversion to 800 MHz. This is a
second reading.
l. Approval of the rezoning of 372 Morris Ave to accommodate the Foundry Square
Development. Foundry Square is expected to be a mixed-use development that
includes a hotel, family fun center, residential opportunities, offices, and retail
over multiple phases. For perspective, this property is the large parking lot on
Morris Street adjacent to the Social Security Administration building. This is a
second reading.
3. Under the New Business, we are asking the Commission to consider the following:
a. Approval of the First Amendment to the Naming Rights and Sponsorship
Agreement with Mercy Health, and the Third Amendment to the Shared Use
Agreement with WC Hockey.
Let me know if you have any questions/comments/concerns
Frank
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 11, 2020 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the January 28, 2020 regular meeting.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the minutes.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 28, 2020 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, January 28, 2020, Pastor
Wally Reames, Central Assembly, opened the meeting with a prayer, after
which the Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron, Commissioners Ken Johnson, Dan
Rinsema-Sybenga, Willie German, Jr., Teresa Emory, and Michael Ramsey, City
Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent: Vice Mayor Eric Hood
HONORS AND AWARDS:
A. Success Story – Home Buyers Assistance Program
LeighAnn Mikesell, Development Services Director, gave an update regarding
the Homebuyers Assistance Grant Program. This program has been in place for
five years and is overseen by the Community and Neighborhood Services
Office. The program has assisted 68 households so far.
PUBLIC COMMENT ON AGENDA ITEMS: No public comments were received.
2020-07 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the January 13, 2020
Worksession meeting and the January 14, 2020 regular meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. Special Event Liquor Licenses – 2020 City Clerk
SUMMARY OF REQUEST: The Muskegon City Clerk’s Office is organizing several
events for 2020 and is seeking City Commission approval to apply for a special
liquor license for beer, wine, and spirit service for the following events:
June 19 & 20, 2020 – Taste of Muskegon at Hackley Park
Page 1 of 4
June 10, July 15, and August 19, 2020 – Food Truck Rallies at the Muskegon
Farmers Market
September 10, 2020 – Farm-to-Table Dinner at the Muskegon Farmers
Market
Fees are $50 for each application.
STAFF RECOMMENDATION: To authorize the City Clerk’s Office to apply for
special liquor licenses for 2020 events.
D. Amendment to Wireless Communication Support Facilities Ordinance
Planning
SUMMARY OF REQUEST: Request to amend Section 2321 of the Zoning
Ordinance to allow Wireless Communication Support Facilities as a special use
permitted in the overlay district at 770 Terrace Street.
The current ordinance only allows for these types of facilities in six locations
around the City. The Commission recently amended the ordinance last year to
allow for them at Marsh Field and the Filtration Plant. This new location would be
behind the Central Fire Station and would only include a monopole for
emergency communications. The Planning Commission unanimously
recommended approval at their January 16 meeting. They also voted in favor of
the special use permit for the monopole, contingent upon approval of this
amendment by the City Commission.
STAFF RECOMMENDATION: To approve the request to amend Section 2321
of the Zoning Ordinance to allow Wireless Communication Support Facilities as a
special use permitted in the overlay district at 770 Terrace Street.
SECOND READING REQUIRED
F. Railroad Crossing Agreement Public Works
SUMMARY OF REQUEST: Authorize the DPW Director to sign the agreement with
CSX for two (2) new water main crossings and abandoning one (1) water main
crossing of the railroad easement to provide service for Hartshorn Village.
The water main crossings are required to serve the planned Hartshorn Village
development along West Western Avenue. The license fees and installation
costs will be paid by the developer. City will retain ownership and future
responsibility for the water mains.
STAFF RECOMMENDATION: Authorize the DPW Director to sign the
agreement with CSX for the water main crossings at Hartshorn Village.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to accept the consent agenda as presented, except items C, E, and G.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson, and
Gawron
Page 2 of 4
Nays: None
MOTION PASSES
2020-08 ITEMS REMOVED FROM CONSENT AGENDA:
C. 2020 User Fee Update Finance
SUMMARY OF REQUEST: City Departments have reviewed and updated their
user fees and these have been incorporated into the Master Fee Resolution.
The fees that have been adjusted are as follows and are reflected in the
attached Master Fee Schedule.
• Cemetery fees have been adjusted
• Passport fees have been adjusted by the Federal Government
• New Wedding Reservation Fees have been added
• Engineering has adjusted several fees
• Marina (slip fees have been increased)
• Treasurer’s Office has increased the NSF fee
• Planning has increased the fees for tax incentive applications
STAFF RECOMMENDATION: Approval of the 2020 Master Fee Resolution.
Motion by Commissioner Johnson, second by Commissioner German, to
approve the 2020 Master Fee Resolution with a correction to line 47, under
comments, to read “If more than 1 hour past scheduled burial time.”
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson, and
Gawron
Nays: None
MOTION PASSES
E. Rezoning of 372 Morris Avenue Planning
SUMMARY OF REQUEST: Staff initiated request to rezone the property at 372
Morris Avenue from Form Based Code, Downtown to Form Based Code,
Mainstreet.
The Planning Commission unanimously recommended approval at their January
16, 2020 meeting.
STAFF RECOMMENDATION: To approve the request to rezone the property at
372 Morris Avenue from Form Based Code, Downtown to Form Based Code,
Mainstreet.
Motion by Commissioner German, second by Commissioner Johnson, to
approve the request to rezone the property at 372 Morris Avenue from Form
Based Code, Downtown to Form Based Code, Mainstreet.
Page 3 of 4
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, and
Ramsey
Nays: None
MOTION PASSES
SECOND READING REQUIRED
G. Water Filtration Plant – PM Agreement Public Works
SUMMARY OF REQUEST: The communication tower is needed to install
communications equipment at the Water Filtration Plant. This will improve the
existing communications for remote operations via radio, telephone and
internet services by having a direct line of sight from the Filtration Plant to the
City Hall.
City of Muskegon would like to enter into an agreement with Maralat
Communications LLC to retain the project management services to oversee the
construction of communications tower. The services include getting all
prerequisite work performed that is necessary for obtaining permits, obtaining
services to design and build the tower at the Filtration Plant. The contract has
been reviewed by legal counsel. There will be additional contracts provided for
the construction costs once bids are obtained.
STAFF RECOMMENDATION: Authorize staff to sign the agreement with
Maralat Communications, LLC.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to authorize staff to sign the agreement with Maralat Communications, LLC.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Ramsey, and
German
Nays: None
MOTION PASSES
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public Comments were
received.
ADJOURNMENT: The City Commission meeting adjourned at 6:24 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 4 of 4
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 11, 2020 Title: Nelson Neighborhood Market Donation
Proposal
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: The Muskegon Farmers Market received a donation proposal from the Nelson
Neighborhood Association. The Association is proposing 5 annual donations of $1,000 beginning
April 1, 2020. They will install and maintain a sign promoting the efforts of the Nelson
Neighborhood Association, at their own expense.
This would be treated as a Branch-level Friend of the Market Sponsorship for the five years of the
commitment.
Detailed Summary:
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To accept the proposed Friend of the Market annual sponsorship of $1,000
each year, for five years, from the Nelson Neighborhood Association.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 02/11/2020 Title: Mobile Food Vending Ordinance
Updates
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: Interest in operating food trucks in the City has increased since the initial passage
of the Mobile Food Vending Ordinance in 2014. Staff has identified some language updates to
more effectively regulate mobile food vendors and areas they operate.
Detailed Summary:
The proposed amendments and new sections are marked in red on the attached draft ordinance.
There has also been interest expressed to staff that the allowable areas should be expanded to
include all commercial corridors. A draft resolution is included to expand the allowable areas.
Amount Requested: None Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To amend Sections 50-303 and 50-304 and adopt Sections 50-305 and
50-306 of the Code of Ordinances of the City of Muskegon and adopt the resolution for mobile food
vending areas.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
City of Muskegon
Resolution
Mobile Food Vending Areas
2020-
WHEREAS; Chapter 50-304(a) of the Mobile Food Vending Ordinance states the
City Commission shall by resolution identify areas where parking by mobile food
vehicles/trailers/stands is permitted;
WHEREAS; the City Commission previously resolved that applications for mobile
food vending will be considered in the following areas: Sherman Blvd, Henry St,
Apple Avenue, Laketon Avenue, Getty Street as well as areas in the downtown
area as defined by the DDA map, business district, and industrial parks.
NOW THEREFORE BE IT RESOLVED, Applications for Mobile Food Vending
will be considered in all commercial corridors and industrial parks.
Adopted this 11th day of February 2020.
_____________________________________
Ann Meisch
City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 2/11/2020 Title: Rescue Mission Property Transfer
Submitted By: LeighAnn Mikesell Department: Development Services
Brief Summary: Staff is seeking approval of a quit claim deed to transfer property at 1747 7th Street
to the Muskegon Rescue Mission.
Detailed Summary: The Muskegon Rescue Mission would like to acquire remaining vacant land
behind the men’s shelter for expansion of the services they offer in our community. The concept
includes a community resource center, a job training facility, and family housing. The rescue
mission will be responsible to record the deed and obtain title insurance, a property survey,
environmental review, and soils investigation. Closing costs will be split between the parties. Staff
has prepared a quit claim deed to transfer the property to the MRM and request your approval of
the property transfer. The Planning Department will continue to work with MRM on the
development of the site plan.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion:
Approve the transfer of property at 1747 7th Street to the Muskegon Rescue Mission and authorize
the mayor and clerk to sign the quit claim deed.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a Michigan Municipal
Corporation, of 933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to MUSKEGON RESCUE MISSION, a Michigan Non-Profit Corporation, of 1691
Peck Street, Muskegon, Michigan 49441,
the following described premises situated in the City of Muskegon, County of Muskegon, State of
Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903 PART OF BLOCKS 450 460 & LARCH
AVENUE VACATED COMMENCING AT NORTHEAST CORNER BLOCK 460 FOR POINT
OF BEGINNING THENCE NORTH 45.95 FEET THENCE WEST 186.7 FEET THENCE
NORTH 64.3 FEET THENCE WEST 13.25 FEET THENCE NORTH 2.15 FEET THENCE
WEST 148.72 FEET TO WEST LINE BLOCK 450 AT A POINT 303.27 FEET SOUTH OF
NORTHWEST CORNER SAID BLOCK THENCE SOUTH TO NORTH LINE GRAND
TRUNK RAIL ROAD RIGHT-OF-WAY THENCE SOUTHEASTERLY ALONG SAID
RIGHT-OF-WAY TO EAST LINE BLOCK 460 THENCE NORTH TO POINT OF
BEGINNING.
for the sum of One dollar ($1.00)
PROVIDED, HOWEVER, Grantee, or its assigns, shall obtain issued building permits for construction
within the premises herein conveyed within twenty-seven (27) months after the date hereof. In default of
such issued building permits, title to the premises shall revert to the City of Muskegon free and clear of
any claim of Grantee or its assigns. In addition, the City of Muskegon may retain the consideration for
this conveyance free and clear of any claim of Grantee or its assigns. In the event of reversion of title of
the above-described premises, improvements made thereon shall become the property of Grantor. These
covenants and conditions shall run with the land.
Subject to any easements, use, conditions and provisions of record, if any.
This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this day of __________________, 2020.
Signed in the presence of: CITY OF MUSKEGON
By___________________________
Stephen J. Gawron, Its Mayor
and___________________________
Ann Marie Meisch, MMC, Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Signed and sworn to before me in Muskegon County, Michigan, on _______________, 2020, by
STEPHEN J. GAWRON and ANN MARIE MEISCH, MMC, the Mayor and Clerk, respectively, of the
CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
_______________________________________
PREPARED BY: Hope Mitchell _______________________, Notary Public
City of Muskegon Acting in the County of _________________,
933 Terrace St Rm 202 __________________________County, MI
Muskegon, MI 49440 My Comm. Expires: ___________________
Telephone: (231) 724-6760
WHEN RECORDED RETURN TO: GRANTEE SEND SUBSEQUENT TAX BILLS TO: GRANTEE
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 11, 2020 Title: 1601 Beach Lease Amendment
Submitted By: LeighAnn Mikesell Department: Development Services
Brief Summary: Staff is requesting approval of an amendment to the existing lease and option
agreements with 1601 Beach LLC to extend the boundary of the land being leased for The Deck at
Pere Marquette Park and to modify the area to which 1601 Beach LLC has an option and first right
of refusal to develop, lease, or purchase.
Detailed Summary: The owners of 1601 Beach LLC are planning an expansion to their restaurant,
The Deck. The expansion is south of the existing building and will include a patio and additional
bar space to accommodate more patrons. In order to proceed with the expansion, the lease
agreement needs to be modified to account for the additional land associated with the expansion.
The city took the opportunity to clarify the option area with the owners and make requested
adjustments.
Amount Requested: None Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion:
Approve the amendment to the lease and option agreement with 1601 Beach LLC at Pere
Marquette Park and authorize the mayor and clerk to sign.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 11, 2020 Title: Paid Beach Parking
Submitted By: Mike Franzak Department: Planning
Brief Summary: Staff is requesting approval to move forward with paid parking at the beach. The
request is to purchase 20 kiosks from Flowbird and to allow staff to draft the appropriate
ordinances to initiate paid parking requirements.
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve staff to execute the purchaser order for the 20 Kiosks from
Flowbird as proposed and to direct staff to draft the appropriate ordinances to initiate paid parking
requirements at the beach.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Paid Beach Parking
Costs of Maintaining the Beach
Estimated City NET Investment in Operations (2016-17): $475,000
Equivalent Annual Cost to a Homeowner: .848 Mills
• Beach/Sand Operations and Maintenance (O&M)
• Parking Lot O&M
• Trash Clean Up and Removal
• Bath Houses (3) O&M
• Various Playgrounds O&M
• Boardwalk O&M (eventual repair)
• Police Beach Patrols (traffic/crowds)
• Misc. Equipment Costs
• Administration
Payment Options
Paid parking has three options:
• Pay and Display – Pay a kiosk/attendant and display a pass on dashboard/window
• Pay and Enter – Pay Kiosk and enter license plate into kiosk
• Mobile – Enter license plate into mobile app
Muskegon should start with a Pay and Display method because of the lack of reliable mobile service at
the beach. Kiosks can be reprogrammed to Pay and Enter and Mobile methods at a later date. The City
has plans to enhance wireless reception in the next couple of years.
The Kiosk will dispense a daily pass that must be displayed on the dashboard. Yearly passes may be
purchased at the kiosk, however, they will be printed on the same type of card as daily passes and the
ink will eventually fade. These cards will need to be traded in for a yearly sticker. This can be done in
person at city hall or on a mobile site: https://www.muskegon-mi.gov/brp/
Customers will enter their pass number into the site and then they will be mailed a sticker. If they cant
read the pass number or lose it, they can enter in the last four digits of their credit card number.
Staff recommends 17 Kiosks for beach parking and 3 Kiosks for boat launch permits. The 17 beach
parking Kiosks will accept credit cards/coins and the 3 Kiosks for Boat Launch Permits will only accept
credit cards.
Enforcement
The Police Department has recommended a “light enforcement” policy for the first couple of years while
utilizing the Pay and Display method. Summer interns can be used to make visual inspections of display
passes. Enforcement schedules will vary as not to become predictable. Enforcement efforts can ramp
up once we transition to Pay and Enter/Mobile Pay options. Those options will require equipment to
scan license plates (we already have one that is compatible with these systems).
Projected Revenue
Staff recommends the following fee structure:
Daily pass (Sunday-Friday): $5
Daily pass (Saturday): $7
Yearly pass: $20
Resident pass: free
Please see the Parking Study that was conducted by the Police Department in 2017. It did not include
Sundays, but staff estimated 900 per day on Sundays. It is hard to estimate how many visitors to expect
throughout the entire season and it is even harder to estimate how many are local/visitors. Staff
estimated very conservative figures by taking the average parking counts from the peak hours on each
day and totaling them over 15 weeks (Memorial Day to Labor Day). Staff estimates that the beach could
see about 65,648 visitors and that about 49,236 (75%) of them will be visitors. Since yearly passes will
result in an average fee of less than $5 per visit, staff conservatively estimates that each visit could result
in a $2.50 fee. 49,236 x $2.50 = $123,090 per year
Estimated Fees collected: $123,090 per year from just the peak times of the day.
Estimated Costs: $169,510 total first year cost (kiosk purchase, monthly back office data,
enforcement/finance intern). $15,900 yearly cost for back office data/enforcement/permit refills.
• Kiosk purchase: $152,460 total
• Monthly back office data fee: ($45 each x 20 kiosks x 4 months) + ($25 each x 20 kiosks x 8
months) = $7,600 per year
• Enforcement: 2 interns x $14/hr x 15 hrs/week x 15 weeks= $6,300 per year
• Finance intern: 1 intern x $14/hr x 15 hrs/week x 15 weeks= $3,150 per year. Intern will be
responsible for mailing yearly permit stickers and other parking related duties.
• Refill Permit cards/on street parking passes/ resident stickers: $2,000 per year
• Staff time: One staff to collect coins once per week or every other week. Front office staff time
dedicated to distributing resident passes.
Using conservative numbers during peak time usage only:
Estimated Fees Collected: $123,090 per year
Estimated Costs: $169,510 kiosks plus first year back office data/enforcement/finance intern/stickers
Payback: 1.37 years
Projected Yearly Revenue: $104,040
*Estimates do not take into account enforcement ticket fees generated, off-peak time fees collected, or
boat launch fees collected.
Free Resident Parking
Residents can come to City Hall to request a free yearly parking sticker. Proof of vehicle registration is
required. Staff recommends two free passes per household per year.
Staff also recommends providing the residents near the beach with street parking passes that will allow
them to park on the neighborhood streets that will otherwise be marked as “no parking.”
Timeline
8-12 week installation period after purchase order is initiated.
Proposed Kiosk Locations
Closer look near the ovals
Beach Parking Statistics
Parking Areas Total parks Mon Mon Tues Tues
7/27 8/3 7/28 8/4
12pm 2pm 4pm 12pm 2pm 4pm 12pm 2pm 4pm 12pm 2pm 4pm
Kruse Park South 61+ dirt 39 57 49 14 33 28 35 68 55 13 32 34
space
Kruse Park North 145 2 9 5 4 4 6 2 3 6 1 5 4
Water Filtration(Beach 120 68 111 104 26 51 48 100 112 89 35 64 54
St. South)
Pere Marquette Parking 106 6 51 58 23 31 18 23 79 61 16 20 24
Lot South
Beach St.-Wilcox Ave. 88 15 54 54 10 15 20 10 47 43 8 15 17
to Beach St-Ohio Ave.
Pere Marquette Parking 150 14 47 30 11 22 16 12 30 35 13 14 11
Lot(across from Snack
Shop)
Pere Marquette Beach 230 90 157 153 60 92 70 91 145 112 50 76 70
area Parking
The Deck Restaurant No defined 13 14 12 8 11 9 15 12 111 6 6 10
Parking parks
Margaret Drake-Elliott 30 2 1 4 5 2 4 6 5 2 2 1 2
South street parking
Beach Parking Statistics
9 8 7 9 7 22 11 17 10 4 9
Margaret Drake-Elliott 61
North Parking Lot
11
Coast Guard 68 15 12 5 11 5 6 8 6 8 5 6 8
Muskegon Lake 124 11 3 5 16 13 26 38 11 19 18
Muskegon Channel No defined 10 3 3 6 5 3 3 5 8 2
Fulton Parking parks
Muskegon Channel No defined 0 2 2 0 6 7 7 4 6 6
Fulton-Channel Parking parks
Beach Parking Statistics
Parking Areas Total Wed Wed Thurs Thurs
parks 7/22 7/29 7/23 7/30
12pm 2pm 4pm 12pm 2pm 4pm 12pm 2pm 4pm 12pm 2pm 4pm
Kruse Park South 61+ dirt 17 34 30 14 21 28 27 36 35 25 37 33
space
Kruse Park North 145 4 7 4 16 4 4 4 9 13 4 6 6
Water Filtration(Beach 120 40 83 63 16 35 53 55 100 79 63 110
St. South)
Pere Marquette 106 25 36 25 4 14 16 7 27 31 27 58 38
Parking Lot South
Beach St.-Wilcox Ave. 88 9 25 22 12 11 16 11 30 35 11 37 33
to Beach St-Ohio Ave.
Pere Marquette 150 5 22 22 3 6 12 9 18 19 5 27 29
Parking Lot(across
from Snack Shop)
Pere Marquette Beach 230 75 113 97 85 162 106
area Parking
63 91 118 102 60 106
No 11 10 11 9 8 16 10 14 17 16 15 13
defined
The Deck Restaurant parks
Parking
Margaret Drake-Elliott 30 3 5 4 3 5 5 3 10 3 2 2 5
South street parking
Beach Parking Statistics
Margaret Drake-Elliott 61 11 9 8 22 17 18 20 16 19 16 20 10
North Parking Lot
Coast Guard 68 15 12 5 6 7 3 8 8 12 4 4 1
Muskegon Lake 124 11 5 17 13 11 28 31 7 24 22
Muskegon Channel No 10 7 4 5 2 9 1 2 5 6
Fulton Parking defined
parks
Muskegon Channel No 0 2 3 4 2 5 3 2 4 3
Fulton-Channel defined
Parking parks
Beach Parking Statistics
Parking Areas Total Fri Fri Sat Sat
parks 7/31 8/14 8/1 8/15
12pm 2pm 4pm 12pm 2pm 4pm 12pm 2pm 4pm 12pm 2pm 4pm
Kruse Park South 61+ dirt 20 45 47 Full Full Full
space +13 +13 +14
Kruse Park North 145 11 2 14 84 93 80
Water Filtration(Beach St. 120 59 100 95 54 120 109
South)
Pere Marquette Parking 106 21 53 39 54 106 109
Lot South
Beach St.-Wilcox Ave. to 88 6 34 38 28 98 78
Beach St-Ohio Ave.
Pere Marquette Parking 150 10 29 28 31 118 150
Lot(across from Snack
Shop)
Pere Marquette Beach 230
area Parking
72 157 153 147 224 288
The Deck Restaurant No 12 13 19 24 76 76
Parking defined
parks
Margaret Drake-Elliott 30 3 2 4 19 30 32
South street parking
Beach Parking Statistics
Margaret Drake-Elliott 61 10 12 9 18 73 Full
North Parking Lot
+13
Coast Guard 68 1 0 1 9 36 45
Muskegon Lake 124 8 25 25 8 41 62
Muskegon Channel Fulton No 0 6 4 3 7 5
Parking defined
parks
Muskegon Channel No 3 6 7 6 7 24
Fulton-Channel Parking defined
parks
Beach Parking Statistics
The city of Muskegon did a study on how and when the parking structures close to Pere Marquette Beach were utilized. The
study was conducted by a person(s) going out and counting each parking structure starting from Kruse Park north to Muskegon
Lake. The parking structures include:
• Kruse Park North: 61 + parking available in the dirt area behind gate
• Kruse Park South: 145(where the pavilions and playground are located)
• Water Filtration Plant(Beach St. South):120
• Pere Marquette Parking Lot South: 106
• Beach St.-Wilcox Ave. to Beach St.-Ohio Ave: 150
• Pere Marquette Parking Lot North(across from Snack Shop):150
• Pere Marquette Beach Parking: 230
• The Deck Restaurant Parking: no defined parks
• Margaret Drake-Elliott South street parking: 30
• Margaret Drake-Elliott North Parking Lot: 61
• Coast Guard: 68
• Muskegon Channel Fulton Parking: no defined parks
• Muskegon Channel Fulton-Channel Parking: no defined parks
• Muskegon Lake: 124
The person(s) conducting the study used a clicker and excel sheet to document how many cars were in each structure during the
times: 12pm, 2pm, and 4pm. The experimenter also used the clicker to count how many parks there were in each parking structure.
The study was performed at least two of the same days in different weeks. The dates the study was conducted were:
• Mondays, July 27th and August 3rd
• Tuesdays, July 23 and August 4th
• Wednesdays, July 22nd and July 29th
• Thursdays, July 23rd and July 30th
• Friday, July 31st
• Saturday, August 1st
Beach Parking Statistics
During the experiment the experimenter(s) also documented who were city of Muskegon residents and who were non-city
residents. Some of the responses the experimenter(s) received were Detroit, Commerce, Avon Lake, Mount Pleasant, San Diego,
Seattle, Big Rapids and Grand Rapids. One of the experimenters documented during one of the Saturday dates that there were 32
city residents and 99 non-city residents visiting the beach. This data was collected by working the pier.
Experimenters documented the state of the weather during some of the visits. They noticed that on the days when waves
were really high and it was very dark and gloomy outside, the beach attendance was low. They noticed that on days it was really hot,
the beach attendance was much higher. On the weekend dates, the beach and park areas were extremely busy due to hot weather,
family reunions and other social activities and events. During the weekdays, there were a lot of retired families and adult foster care
homes having picnics. Experimenters also noticed that during lunch hours a lot of visitors visited the parks and beaches to read
books and newspapers, take naps and walk the pier and harbor. There was a lot of traffic in The Deck Restaurant Parking Lot due to
people going there for lunch.
The experimenters took notes on what could be advantages and disadvantages of charging non-city residents to park in the beach
area. Some advantages are a lot of non-city residents do visit our beach and they visit from all over the country. Pere Marquette is one
of the best beaches in the Midwest. Some disadvantages or concerns the experimenters had were the parking structures need some
kind of labeling to identify which parking structure belongs to what park/beach area. The city of Muskegon should talk to other cities
around the area and see how they feel about the charging of beach parking. Some other concerns were how would you work out
charging to park in the Kruse Park and Margaret Drake-Elliot Parking areas and not charge for the other public parks around the city.
How will the city avoid city residents sharing their passes with other county residents? There should be a community/town hall meeting
held to discuss the charging of the beach and parks. How will the city accommodate the people who just want to come to The Deck
Restaurant, will their parking be validated? If the charging of the parking structures are approved how will you keep up with the upkeep
of each parking structure? There is a lot of maintenance that needs to be done to some of the parking structures like lines being
repainted, sand removal and adding lines to structures that do not have definite parking spaces. Will the charging of the beaches make
people not want to attend Muskegon beaches at all because Ludington and other beaches around the state are free? A lot of people
expressed that they attended Muskegon beaches because they were free.
Sales Quote - Muskegon MI January 22, 2020
Contact : Mike Franzak
StradaPAL Cashless
(Accepts coins and credit card)
Includes:
Solar Power Operation w/Autonomous Battery
Color Display
Coin Acceptor/Validator
Credit/Debit Card Reader
Modem and Antenna Kit
Includes 1 coin canister
Thermal Graphic Printer w/Self Sharpening Receipt Cutting Blade
1 Roll of Paper
Personalized Software Including Programming and Testing
Instructional Graphics and Personalized Rate Plate
Multi Lingual Button
Increment and Max Buttons for Credit Card Payments
Credit Card Software and Parkfolio License Fees
Limited One Year Warranty
QUANTITY PRICE TOTAL
StradaPAL Cashless 3 $5,895 $17,685
TOTAL 3 $5,895 $17,685
Recommended Options QUANTITY PRICE TOTAL
Installation, Travel & Training 3 $650 $1,950
TOTAL Recommended Options $1,950
TOTAL Including Options 3 $19,635
Note: Site preparation is not included in this quote.
Page 1 of 2 pages
BOS Management Fees
myParkfolio Back-Office Software Management System Monthly Total
Includes: 3 $45 $135
2 way wireless connectivity
Wireless airtime fees
On-line access to hosted secure server
Processing and storage of all transactions, maintenance, alarms, & statistic.
Database space
PCI Level 1 Certified real-time credit card authorization account set-up and management
Secure user rights management
Back Office Options:
Please send questions to:
Ed Kinkade
Business Development Manager
Parkeon
40 Twosome Drive, Suite 7, Moorestown, NJ 08057
Phone: 856-234-8000 x 230
Email aekinkade@parkeon.com
Page 2 of 2 pages
Sales Quote - Muskegon MI January 30, 2020
Contact : Mike Franzak
StradaPAL Rapide
(Accepts coins and credit card)
Includes:
Solar Power Operation w/Autonomous Battery
Color Display
Coin Acceptor/Validator
Credit/Debit Card Reader
Modem and Antenna Kit
Includes 1 coin canister
Thermal Graphic Printer w/Self Sharpening Receipt Cutting Blade
1 Roll of Paper
Personalized Software Including Programming and Testing
Instructional Graphics and Personalized Rate Plate
Multi Lingual Button
Increment and Max Buttons for Credit Card Payments
Credit Card Software and Parkfolio License Fees
Limited One Year Warranty
QUANTITY PRICE TOTAL
StradaPAL Rapide 17 $6,995 $118,915
TOTAL 17 $6,995 $118,915
Recommended Options QUANTITY PRICE TOTAL
Installation, Travel & Training 17 $650 $11,050
Mobile Coinbox (for collections) 10 $286 $2,860
TOTAL Recommended Options $13,910
TOTAL Including Options 17 $132,825
Note: Site preparation is not included in this quote.
Page 1 of 2 pages
BOS Management Fees
myParkfolio Back-Office Software Management System Monthly Total
Includes: 17 $45 $765
2 way wireless connectivity
Wireless airtime fees
On-line access to hosted secure server
Processing and storage of all transactions, maintenance, alarms, & statistic.
Database space
PCI Level 1 Certified real-time credit card authorization account set-up and management
Secure user rights management
Back Office Options:
Please send questions to:
Ed Kinkade
Business Development Manager
Parkeon
40 Twosome Drive, Suite 7, Moorestown, NJ 08057
Phone: 856-234-8000 x 230
Email aekinkade@parkeon.com
Page 2 of 2 pages
WWW.FLOWBIRD.GROUP
Strada
Pay Station
CONNECTED KIOSK OFFERING
ADVANCED CLOUD SERVICES
Technical Specifications
KEY CUSTOMIZABLE LARGE COLOR FLOWBIRD
HIGHLIGHTS CAPACITIVE KEYBOARD SCREEN CLOUD-SYSTEM
GENERAL DESIGN
M AT E R I A L Anti-corrosive steel
SIZE (HxWxD) 65.90” x 18.70“ x 14.92”
WEIGHT 198.42 lb
T E M P E R AT U R E / H U M I D I T Y -13°F to +131°F / up to 95% relative humidity at 131°F
COLOR Sterling Grey, Titanium Grey, Moss Green, Magic Blue, or Jet Black
COMPLIANCE EN 12414 / CE marking
U S E R I N T E R FA C E
• 7” color LCD TFT monitor with LED back lighting, 262,144 colors
(Monitor dimensions: 5.98” x 3.58”; Monitor resolution: 800 x 480 pixels)
D I S P L AY O P T I O N S
• Greyscale graphic LCD module
(Module dimensions: 4” x 2.75”; Module resolution: 160 x 80 dots)
• 3 standard versions (Pay&Display / PayByPlate / PayBySpace)
C A PA C I T I V E K E Y B O A R D
• Customization on demand
PAY M E N T O P T I O N S
• Patented motor-driven coin selector: Max. 14 types of coins or tokens (programmable)
COIN SELECTOR • Automatic opening upon coin insertion
• Multi-criteria coins identification
• Cashcode SM/MSM backload validator
B A N K N OT E AC C E P TO R
• 4-way acceptance
CONTACT & CONTACTLESS Smartcards & bank cards, EMV 2000, PCI-PED, UKCC, Mifare®, ISO 14443, NFC
OT H E R Cashless configuration available
• Transfer: Fixed cashbox with removable canister: 3.31 lb empty; approx. 48.5lb full/5.8 l
• Rapide: Exchangeable cashbox: 3.53 lb empty; approx. 43.21 lb full / 4.6 l
COLLECTION
(2 Patented Methods Available) ‑‑ Bank Note Acceptor (optional) - separate exchangeable cashbox & stacker
• Coins: 6.03 lb empty; approx 24.91 lb full of 2,000 quarters / 3.5 l
• Bill stacker: 1,000 bills
P O W E R S U P P LY Solar or Mains
• Money storage EN 14450 Level 2 certified
SECURITY • Attack detection
• Additional shieldings and security enhancements
• Thermal graphic printer: Horizontal or vertical printing, Text and logo, 203 dots per
inch per line, 448 dots per column
TICKET • Paper or self-adhesive tickets
‑‑ Without BNA option: standard format (w x l) 2.36” x 2.75” - cap. up to 6,500 tickets
‑‑ With BNA option: 4” minimum length - capacity up to 4,500 tickets
C O M M U N I C AT I O N S 4G modem, Ethernet
ENVIRONMENT More than 95% recyclable (ISO 22628) / European directives - RoHS and WEEE
© 2018 FLOWBIRD GROUP. ALL RIGHTS RESERVED. 0003-01.
DUE TO CONTINUAL PRODUCT DEVELOPMENT, SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 2/10/2020 Title: Unruly Brewing Revolving Fund
Application
Submitted By: Jake Eckholm Department: Economic Development
Brief Summary: A recommendation to the City Commission to approve an economic development
loan for Unruly Brewing
Detailed Summary:
Unruly Brewing has finished their mass production system and started brewing for large scale
kegging distribution. However, their distributors and their cash flow projections indicate that they
should also build out and begin production on a canning system so that they can enter the retail
space to avoid some of the negative market forces that have recently been impacting micro-
breweries across the state. They have exhausted their ability to privately finance this portion of the
project and are requesting a loan from the City’s Economic Development Revolving Fund.
Amount Requested: $80,000 Amount Budgeted: N/A (Capital Fund)
Fund(s) or Account(s): Economic Fund(s) or Account(s): N/A (Capital Fund)
Development Revolving Fund
Recommended Motion: Motion to approve the terms and documents of the loan to Unruly Brewing
in the amount of $80,000 as presented.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
TERM LOAN AGREEMENT
This Agreement is made on ______________, 2020 (“Effective Date”), between Unruly
Brewing, LLC, a Michigan limited liability company, of 360 W. Western Ave., Muskegon,
Michigan 49440 (“Borrower”), and the City of Muskegon, a Michigan municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440 (“City”), with reference to the following facts:
Background
A. Borrower has requested a term loan of $80,000.00 for the purpose of installing a
canning line to its beer production facility, which is located at 2221 Lemuel Street, Muskegon
Heights, Michigan 49444.
B. The City has agreed to make the loan subject to the terms and conditions set
forth below.
Therefore, for good and valuable consideration, the parties agree as follows:
1. Conditions of loan.
a. The Loan. The City agrees to make a loan to Borrower of $80,000.00
subject to the following conditions:
i. Fulfillment of all conditions contained in Section 3;
ii. The Loan Agreement must be closed on or before August 1, 2019.
iii. Delivery to the City of a promissory note (“Note”) in form and
substance acceptable to the City, a copy of which is attached as Exhibit A; and
iv. At the time of borrowing no Event of Default as defined in Section
7 exists and no event exists which with notice and/or the passage of time could
become an Event of Default.
b. Payments. The principal amount of the Note shall be payable in monthly
installments of $1,603.04, each to be paid on the 1st of each month, beginning on March
1, 2020, and continuing until Februart 1, 2025, when the entire balance of principal and
interest shall be due and payable in full.
c. Interest. The Note shall bear interest on the outstanding balance at the
rate of 7.50% per annum.
d. Prepayments. The Borrower may at any time prepay without penalty all
or any portion of the principal, and any such payments shall be applied to the principal
installments last coming due.
2. Security.
a. Security Agreement. To secure the full and timely performance of
Borrower’s covenants set out in this Agreement and to secure the repayment of the
loans and advances made and to be made (the “Indebtedness”), Borrower agrees to
execute and deliver to the City a security agreement (“Security Agreement”) in form and
1
substance satisfactory to the City, a copy of which is attached as Exhibit B, giving the
City a valid lien and security interest in the personal property described in the Security
Agreement.
b. Personal Guaranty. As additional security, Jeff Jacobson, and any other
member of Unruly Brewing, LLC, will jointly and severally personally guarantee
repayment of the Indebtedness, as well as any members of successor entities of Unruly
Brewing, LLC.
3. Conditions Precedent to Obligations of City. The obligations of the City under
this Agreement are subject to the occurrence, prior to or simultaneously with the Borrower’s
receipt of the loan of each of the following conditions, any or all of which may be waived in
whole or in part by the City in writing:
a. Documents Executed. Borrower shall have executed and delivered to
the City all documents required to consummate this transaction.
b. Hazard Insurance. Borrower shall have furnished to the City, in a form
satisfactory to the City, hazard insurance policies, with loss payable clauses in favor of
the City as its interest appears, relating to the properties of Borrower described in
Section 2, in an amount equal to the full replacement cost of such properties.
c. Personal Guarantee. Jeff Jacobson shall execute and deliver to the City
an agreement of guarantee of the Indebtedness (“Personal Guaranty”) in form and
substance satisfactory to the City, a copy of which is attached as Exhibit C.
d. Certified Resolutions. Borrower shall have furnished to the City a copy
of the resolution of Borrower authorizing the execution, delivery, and performance of this
Agreement, the borrowing of $80,000.00 from the City, the Note, and any other
documents contemplated by this Agreement.
e. Certificate of Good Standing. Borrower shall have furnished to the City
a certificate of good standing from the Michigan Department of Commerce with respect
to the Borrower, as of a recent date.
4. Warranties and Representations. Borrower represents and warrants to the
City that, as of the date of the borrowing:
a. Corporate Existence and Power. Borrower represents and warrants
that:
i. Borrower is duly organized, validly existing, and in good standing
under the laws of the State of Michigan;
ii. Borrower has the power and authority to enter into and perform its
obligations under this Agreement; and
iii. The Agreement, the Note, the Security Agreement, the Personal
Guaranty, and all other documents referred to in this Agreement, when executed
on behalf of Borrower will be valid and binding obligations of Borrower, legally
enforceable in accordance with their terms.
2
b. Actions, Suits, or Proceedings. There are no actions, suits, or
proceedings, and no proceedings before any arbitrator or by or before any governmental
commission, board, bureau or other administrative agency, pending, or, to the best of
Borrower’s knowledge, threatened, against or affecting Borrower or any properties or
rights of Borrower which, if adversely determined, could materially impair the right of
Borrower to carry on business substantially as now conducted or could have a materially
adverse effect upon the financial condition of Borrower.
c. No Liens, Pledges, Mortgages or Security Interests. Except for liens
of the City, none of Borrower’s assets are subject to any mortgage, pledge, lien, security
interest or other encumbrance of any kind or character, except the security interest of
the parties listed on Exhibit B in the personal property of Borrower described in Section 2
pursuant to the Security Agreement.
d. Accounting Principles. Balance sheets, earning statements, and other
financial data are furnished to the City, for the purposes of, or in connection with this
Agreement and the transactions contemplated by this Agreement have been prepared in
accordance with generally accepted accounting principles, consistently applied and do
or will fairly present the financial condition of the Borrower as of the dates, and the
results of their operations for the period, for which the same are furnished to the City.
e. Conditions Precedent. As of the date of this Agreement, all conditions
precedent referred to in Section 3 have been satisfied.
5. Affirmative Covenants. Until the principal and interest on the Note is paid in
full, Borrower covenants and agrees that it will:
a. Annual Financial Reports. Furnish to the City, in form satisfactory to
the City, not later than 90 days after the close of each fiscal year of Borrower, beginning
with Borrower’s fiscal year ending December 31, 2019, a balance sheet as of the close
of each such fiscal year, statements of income and retained earnings and changes in
financial position for each such year, and such other comments and financial details as
are usually included in similar reports. The reports shall be prepared in accordance with
generally accepted accounting principles consistently applied.
b. Adverse Events. Promptly inform the City of the occurrence of any
Event of Default or of any event which, with notice and/or the passage of time would
become an Event of Default, or of any occurrence which has or could reasonably be
expected to have a materially adverse effect upon Borrower’s business, properties,
financial condition or ability to comply with its obligations under this Agreement.
c. Other Information Upon Request. Promptly furnish to the City such
other information regarding the operations, business affairs, and financial condition of
Borrower as the City may reasonably request from time to time and permit the City and
its employees, attorneys and agents, to inspect all of the books, records, and properties
of Borrower at any reasonable time.
d. Non-Discrimination. Ensure that no person in the United States shall on
the grounds of race, creed, color, national origin or sex be excluded from participating in,
be denied the benefits of, or be otherwise subject to discrimination in connection with
Borrower’s activities as recipient of the financial assistance provided by this Loan.
3
e. Insurance. Keep its insurable properties adequately insured and
maintain:
i. insurance against fire and other risks customarily insured against
by businesses engaged in the same or similar activities as that of Borrower;
ii. necessary worker’s compensation insurance;
iii. public liability and product liability insurance; and
iv. such other insurance as may be required by law or as may be
reasonably required in writing by the City.
All such insurance shall be in amounts, contain terms, in a form, for such purposes and
written by such companies as may be satisfactory to the City. Borrower will deliver to the City,
at its request, evidence satisfactory to the City that such insurance has been procured and
showing the City as additional insured or loss payee, as the case may be.
f. Affirmative Action Program. Comply with all applicable Affirmative
Action Programs, if any, approved by the City of Muskegon.
g. Maintain Business Entity and Property. Do or cause to be done all
things necessary to preserve and keep in full force and effect its own existence, rights
and franchises and comply with all applicable laws; continue to conduct and operate its
business substantially as conducted and operated during the present and preceding
calendar year; at all times maintain and preserve all of the remainder of its property used
or useful in the conduct of its business and keep the same in good repair, working order
and condition, and from time to time make, or cause to be made, all needed and proper
repairs, renewals, replacements, betterments and improvements thereto so that the
Borrower’s business may be properly and advantageously conducted at all times.
h. Use of Loan Proceeds. Use the proceeds of the loan for the purpose
set forth in the Background to this Agreement.
6. Negative Covenants. From the date of this Agreement until the Note is paid in
full, Borrower covenants and agrees that Borrower will not, without the prior written consent of
the City:
a. Liens. Create, incur, assume, or allow to exist any mortgage, pledge,
encumbrance, security interest, lien, or charge of any kind (including any charge upon
property purchased under a conditional sale or other title retaining agreement) upon any
of its property or assets, whether now owned or hereafter acquired, other than in favor of
the City, except: (i) as required or permitted in this Agreement; (ii) liens for taxes not
delinquent, or being contested in good faith, and, if requested by the City, bonded in a
manner satisfactory to the City; and (iii) liens not delinquent created by statute in
connection with worker’s compensation, unemployment insurance, social security, and
similar statutory obligations.
b. Indebtedness. Incur, create, assume, or permit to exist any
indebtedness or liability on account of deposits or advances or any indebtedness or
liability for borrowed money, or any other indebtedness or liability evidenced by notes,
bonds, debentures, or similar obligations, indebtedness required or permitted under this
4
Agreement or indebtedness subordinated to the prior payment in full of Borrower’s
Indebtedness to the City upon the terms and conditions approved in writing by the City.
c. Extension of Credit. Make loans, advances or extensions of credit to
any Person, except for sales on open account and in the ordinary course of business.
For the purpose of this Agreement, the word “Person” means any individual, corporation,
limited liability company, partnership, trust, unincorporated association, joint stock
company, or other entity.
d. Guarantee Obligations. Guarantee or otherwise in any way become or
be responsible for obligations of any other Person, whether by agreement to purchase
the indebtedness of any other Person, or agreement for the furnishing of funds to any
other Person through the purchase of goods, supplies, or services (or by way of stock
purchase, capital contribution, advance, or loan) for the purpose of paying or discharging
the indebtedness of any other Person, or otherwise, except for the endorsement of
negotiable instruments by Borrower in the ordinary course of business for collection.
e. Subordinate Indebtedness. Subordinate any indebtedness due
Borrower from any Person to the indebtedness of other creditors of the obligor.
f. Sale of Assets. Sell, lease, or otherwise dispose of any of its assets
except in the ordinary course of business.
g. Merger. Enter into any merger, consolidation, reorganization, or
recapitalization or purchase or otherwise acquire all or substantially all of the assets of
any other Person.
h. Compensation. Without the prior written consent of the City, permit the
compensation of any manager, member, or proprietor to be excessive, taking into
consideration the financial circumstances of Borrower and the position and qualification
of the Person.
7. Default.
a. Events of Default. Should any of the following events (an “Event of
Default”) occur, Borrower shall be in default under this Agreement:
i. Misrepresentation. If any warranty or representation of Borrower
in connection with or contained in this Agreement, or if any financial data or other
information now or later furnished to the City by or on behalf of Borrower, shall
prove to be false or misleading in any material respect;
ii. Failure to Pay Monies Due. If any principal of or interest on the
Indebtedness shall not be paid within ten days after the same becomes due;
iii. Noncompliance with City Agreement. If Borrower shall fail to
perform any of its obligations and covenants hereunder, or shall fail to comply
with any of the provisions of this Agreement or any other agreement with the City
to which it may be a party;
iv. Other Defaults. If Borrower shall default in the due payment of
any of its indebtedness (other than the Indebtedness) or in the observance or
5
performance of any term, covenant, or condition in any agreement or instrument
evidencing, securing, or relating to such other indebtedness, and such default
shall be continued for a period sufficient to permit acceleration of such
indebtedness;
v. Judgments. If there shall be rendered against Borrower one or
more judgments or decrees involving an aggregate liability of $10,000.00 or
more, which has or have become nonappealable and shall remain undischarged,
unsatisfied by insurance and unstayed for more than 20 days, whether or not
consecutive; or if a writ of attachment or garnishment against the property of
Borrower shall be issued and levied in an action claiming $10,000.00 or more,
and not released or appealed and bonded in a manner satisfactory to the City;
vi. Business Suspension, Bankruptcy, Etc. If Borrower shall
voluntarily suspend transaction of Borrower’s business or make a general
assignment for the benefit of creditors; or shall be adjudicated a bankrupt; or
shall file a voluntary petition in bankruptcy or for a reorganization or to effect a
plan or other arrangement with Borrower’s creditors; or shall file an answer to a
creditor’s petition or other petition against Borrower (admitting the material
allegations thereof) for an adjudication in bankruptcy or for a reorganization; or
shall apply for or permit the appointment of a receiver, trustee, or custodian for
any substantial portion of the properties or assets of Borrower; or if any order
shall be entered by any court approving an involuntary petition seeking
reorganization; or if a receiver, trustee, or custodian shall be appointed for
Borrower or if any substantial bankruptcy, reorganization, or liquidation
proceedings are instituted against Borrower and remain undismissed for 30 days;
or if Borrower becomes unable to meet Borrower’s obligations as they mature; or
if Borrower commits an act of bankruptcy;
vii. Change of Control or Management. If Borrower or a controlling
portion of its membership or a substantial portion of its assets comes under the
practical, beneficial or effective control of one or more persons, whether by
reason of death, merger, consolidation, sale or purchase of interest or assets or
otherwise; and if any such change of control adversely impacts, in the sole
judgment of the City, upon the ability of Borrower to carry on its business as
previously conducted;
b. Acceleration of Indebtedness. Upon the occurrence of any of the
Events of Default described in Sections 7(a)(i) or 7(a)(ii) or upon the occurrence of any
of the Events of Default described in Sections 7(a)(iii) through 7(a)(vii) inclusive, which is
not cured by Borrower or waived by the City within 30 days after notice to Borrower by
the City, all Indebtedness shall be immediately due and payable in full at the option of
the City without presentation, demand, protest, notice of dishonor, or other notice of any
kind, all of which are expressly waived. Unless all of the Indebtedness is then fully paid,
the City shall have and may exercise any one or more of the rights and remedies for
which provision is made for a secured party under the Uniform Commercial Code or
under any mortgage, security agreement, pledge agreement, assignment or any other
related document, including, without limitation, the right to take possession and sell,
lease, or otherwise dispose of any or all of the Collateral. Borrower agrees, upon
request of the City, to assemble the Collateral and make it available to the City at any
place designated by the City which is reasonably convenient to the City and Borrower.
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c. Cumulative Remedies. The remedies provided for by this Agreement
are cumulative to the remedies for collection of the Indebtedness as provided by law or
by any mortgage, security agreement, or any related document. Nothing in this
Agreement is intended, nor should it be construed, to preclude the City from pursuing
any other remedy for the recovery of any other sum to which the City may be or become
entitled for the breach of this Agreement by Borrower.
d. Written Waivers. No default shall be waived by the City except in writing
signed by an officer of the City, and no waiver of any default shall operate as a waiver of
any other default or of the same default on a future occasion.
8. Miscellaneous.
a. Governing Law. This Agreement will be governed by and interpreted in
accordance with the laws of the state of Michigan.
b. Entire Agreement. This Agreement constitutes the entire agreement of
the parties and supersedes any other agreements, written or oral, that may have been
made by and between the parties with respect to the subject matter of this Agreement.
All contemporaneous or prior negotiations and representations have been merged into
this Agreement.
c. Amendment. This Agreement shall not be modified or amended except
in a subsequent writing signed by all parties.
d. Binding Effect. This Agreement shall be binding upon and enforceable
by the parties and their respective legal representatives, permitted successors, and
assigns.
e. Counterparts. This Agreement may be executed in counterparts, and
each set of duly delivered identical counterparts which includes all signatories, shall be
deemed to be one original document.
f. Full Execution. This Agreement requires the signature of all parties.
Until fully executed, on a single copy or in counterparts, this Agreement is of no binding
force or effect and if not fully executed, this Agreement is void.
g. Non-Waiver. No waiver by any party of any provision of this Agreement
shall constitute a waiver by such party of any other provision of this Agreement.
h. 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.
i. No Reliance. Each party acknowledges that it has had full opportunity to
consult with legal and financial advisors as it has been deemed necessary or advisable
in connection with its decision to knowingly enter into this Agreement. Neither party has
executed this Agreement in reliance on any representations, warranties, or statements
made by the other party other than those expressly set forth in this Agreement.
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j. Assignment or Delegation. Except as otherwise specifically set forth in
this Agreement, neither party shall assign all or any portion of its rights and obligations
contained in this Agreement without the express or prior written approval of the other
party, in which approval may be withheld in the other party's sole discretion.
k. Venue and Jurisdiction. 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 that Muskegon County is the
exclusive venue.
CITY – CITY OF MUSKEGON UNRULY BREWING, LLC
By: _______________________________ By: _______________________________
Name: Steven Gawron Name: Jeff Jacobson
Title: Mayor Title: ______________________
Dated: ____________, 2020 Dated: ____________, 2020
By: ______________________________
Name: Ann Meisch
Title: City Clerk
Dated: ____________, 2020
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Exhibit A
Promissory Note
Exhibit B
Security Agreement
Exhibit C
Personal Guaranty
PROMISSORY NOTE
$80,000.00 Muskegon, Michigan
________February 11, 2020
FOR VALUE RECEIVED, Unruly Brewing, LLC, a Michigan limited liability company, of 360 W. Western Ave.,
Muskegon, Michigan 49440 (“Maker”), promises to pay to the City of Muskegon, a Michigan municipal
corporation, at 933 Terrace Street, Muskegon, Michigan 49440 (“City”), or at such other place as directed by
the City, the principal sum of Eighty Thousand and 00/100 Dollars ($80,000.00), together with interest from
the date hereof at the rate of 7.50% per annum on the unpaid balance remaining due from time to time.
This Note shall be payable as follows:
Equal and consecutive monthly installments of principal and interest of $1,603.04 shall be made
from the Maker to the City commencing March 1, 2020 and continuing on the 1st of each month
thereafter until February 1, 2025, when the entire balance of principal and interest shall be due
and payable in full. An amortization schedule is attached as Exhibit A, for reference only.
The Maker may prepay without penalty all or any portion of the principal at any time. Any partial
prepayment shall not eliminate the obligation of the Maker to pay all subsequent installments on their
normal due dates. All payment of any nature shall be applied first to accrued interest and the balance to
principal. The Maker shall maintain their business location commonly known as Unruly Brewery, of 360 W.
Western Ave., Muskegon, Michigan 49440 in the City of Muskegon. A move out of the City is a default
under this Note.
This Note is secured by a certain security agreement of even date between the Maker and the City (“Security
Agreement”). This Note is personally guaranteed by Jeff Jacobson, (“Personal Guaranty”). The terms of the
Security Agreement and Personal Guaranty are incorporated in this Note by reference. The City shall have
all of the rights and powers set forth in the Security Agreement and Personal Guaranty as though the same
were set forth fully in this Note. A default in the Security Agreement or Personal Guaranty shall constitute a
default of this Note.
Upon any default, including, but not limited to, any failure to make payments when due, the City may, upon
ten (10) days written notice to the Maker, declare the entire remaining balance of principal and interest to
be immediately due and payable. No delay by the City in exercising any right hereunder shall be considered
a waiver of such right.
The Maker (i) waives protest, presentment, demand for payment, and notice of dishonor: (ii) agrees that any
extension of the time for any payment, reduction of any payments, acceptance by the City of a renewal
note, or release or non-enforcement of any security, whether with or without notice, shall not release or
offset the obligations of the Maker; (iii) agrees to reimburse the City for any and all costs and expenses
(including but not limited to, reasonable and actual attorney fees) incurred in attempting to collect any and
all principal and interest on this Note.
MAKER: Unruly Brewing, LLC
By: _______________________________
Name: Jeff Jacobson
Title: ______________________
Date: ______________, 2020
Exhibit A
Amortization Schedule
Compound Period: Monthly
Nominal Annual Rate: 7.50%
Cash Flow Data
Event Date Amount Payments Period End Date
Loan 2/1/2020 $ 80,000.00
Payment 3/1/2020 $ 1,603.04 60 Monthly 2/1/2025
Amortization Schedule - Normal Amortization
2020 Payment Schedule
Date Payment Interest Principal Balance
Loan 2/1/2020 $ 80,000.00
1 3/1/2020 $ 1,603.04 $ 500.00 $ 1,103.04 $ 78,896.96
2 4/1/2020 $ 1,603.04 $ 493.11 $ 1,109.93 $ 77,787.03
3 5/1/2020 $ 1,603.04 $ 486.17 $ 1,116.87 $ 76,670.15
4 6/1/2020 $ 1,603.04 $ 479.19 $ 1,123.85 $ 75,546.30
5 7/1/2020 $ 1,603.04 $ 472.16 $ 1,130.88 $ 74,415.43
6 8/1/2020 $ 1,603.04 $ 465.10 $ 1,137.94 $ 73,277.48
7 9/1/2020 $ 1,603.04 $ 457.98 $ 1,145.06 $ 72,132.43
8 10/1/2020 $ 1,603.04 $ 450.83 $ 1,152.21 $ 70,980.22
9 11/1/2020 $ 1,603.04 $ 443.63 $ 1,159.41 $ 69,820.80
10 12/1/2020 $ 1,603.04 $ 436.38 $ 1,166.66 $ 68,654.14
2020 Totals $ 16,030.40 $ 4,684.54 $ 11,345.86
2021 Payment Schedule
11 1/1/2021 $ 1,603.04 $ 429.09 $ 1,173.95 $ 67,480.19
12 2/1/2021 $ 1,603.04 $ 421.75 $ 1,181.29 $ 66,298.90
13 3/1/2021 $ 1,603.04 $ 414.37 $ 1,188.67 $ 65,110.23
14 4/1/2021 $ 1,603.04 $ 406.94 $ 1,196.10 $ 63,914.13
15 5/1/2021 $ 1,603.04 $ 399.46 $ 1,203.58 $ 62,710.55
16 6/1/2021 $ 1,603.04 $ 391.94 $ 1,211.10 $ 61,499.45
17 7/1/2021 $ 1,603.04 $ 384.37 $ 1,218.67 $ 60,280.79
18 8/1/2021 $ 1,603.04 $ 376.75 $ 1,226.29 $ 59,054.50
19 9/1/2021 $ 1,603.04 $ 369.09 $ 1,233.95 $ 57,820.55
20 10/1/2021 $ 1,603.04 $ 361.38 $ 1,241.66 $ 56,578.89
21 11/1/2021 $ 1,603.04 $ 353.62 $ 1,249.42 $ 55,329.47
22 12/1/2021 $ 1,603.04 $ 345.81 $ 1,257.23 $ 54,072.24
2021 Totals $ 19,236.48 $ 4,654.57 $ 14,581.91
2022 Payment Schedule
23 1/1/2022 $ 1,603.04 $ 337.95 $ 1,265.09 $ 52,807.15
24 2/1/2022 $ 1,603.04 $ 330.04 $ 1,273.00 $ 51,534.15
25 3/1/2022 $ 1,603.04 $ 322.09 $ 1,280.95 $ 50,253.20
26 4/1/2022 $ 1,603.04 $ 314.08 $ 1,288.96 $ 48,964.24
27 5/1/2022 $ 1,603.04 $ 306.03 $ 1,297.01 $ 47,667.23
28 6/1/2022 $ 1,603.04 $ 297.92 $ 1,305.12 $ 46,362.11
29 7/1/2022 $ 1,603.04 $ 289.76 $ 1,313.28 $ 45,048.83
30 8/1/2022 $ 1,603.04 $ 281.56 $ 1,321.48 $ 43,727.35
31 9/1/2022 $ 1,603.04 $ 273.30 $ 1,329.74 $ 42,397.60
32 10/1/2022 $ 1,603.04 $ 264.99 $ 1,338.05 $ 41,059.55
33 11/1/2022 $ 1,603.04 $ 256.62 $ 1,346.42 $ 39,713.13
34 12/1/2022 $ 1,603.04 $ 248.21 $ 1,354.83 $ 38,358.30
2022 Totals $ 19,236.48 $ 3,522.54 $ 15,713.94
2023 Payment Schedule
35 1/1/2023 $ 1,603.04 $ 239.74 $ 1,363.30 $ 36,995.00
36 2/1/2023 $ 1,603.04 $ 231.22 $ 1,371.82 $ 35,623.18
37 3/1/2023 $ 1,603.04 $ 222.64 $ 1,380.40 $ 34,242.78
38 4/1/2023 $ 1,603.04 $ 214.02 $ 1,389.02 $ 32,853.76
39 5/1/2023 $ 1,603.04 $ 205.34 $ 1,397.70 $ 31,456.05
40 6/1/2023 $ 1,603.04 $ 196.60 $ 1,406.44 $ 30,049.62
41 7/1/2023 $ 1,603.04 $ 187.81 $ 1,415.23 $ 28,634.39
42 8/1/2023 $ 1,603.04 $ 178.96 $ 1,424.08 $ 27,210.31
43 9/1/2023 $ 1,603.04 $ 170.06 $ 1,432.98 $ 25,777.33
44 10/1/2023 $ 1,603.04 $ 161.11 $ 1,441.93 $ 24,335.40
45 11/1/2023 $ 1,603.04 $ 152.10 $ 1,450.94 $ 22,884.46
46 12/1/2023 $ 1,603.04 $ 143.03 $ 1,460.01 $ 21,424.45
2023 Totals $ 19,236.48 $ 2,302.63 $ 16,933.85
2024 Payment Schedule
47 1/1/2024 $ 1,603.04 $ 133.90 $ 1,469.14 $ 19,955.31
48 2/1/2024 $ 1,603.04 $ 124.72 $ 1,478.32 $ 18,476.99
49 3/1/2024 $ 1,603.04 $ 115.48 $ 1,487.56 $ 16,989.43
50 4/1/2024 $ 1,603.04 $ 106.18 $ 1,496.86 $ 15,492.58
51 5/1/2024 $ 1,603.04 $ 96.83 $ 1,506.21 $ 13,986.36
52 6/1/2024 $ 1,603.04 $ 87.41 $ 1,515.63 $ 12,470.74
53 7/1/2024 $ 1,603.04 $ 77.94 $ 1,525.10 $ 10,945.64
54 8/1/2024 $ 1,603.04 $ 68.41 $ 1,534.63 $ 9,411.01
55 9/1/2024 $ 1,603.04 $ 58.82 $ 1,544.22 $ 7,866.79
56 10/1/2024 $ 1,603.04 $ 49.17 $ 1,553.87 $ 6,312.92
57 11/1/2024 $ 1,603.04 $ 39.46 $ 1,563.58 $ 4,749.33
58 12/1/2024 $ 1,603.04 $ 29.68 $ 1,573.36 $ 3,175.98
2024 Totals $ 19,236.48 $ 988.01 $ 18,248.47
2025 Payment Schedule
59 1/1/2025 $ 1,603.04 $ 19.85 $ 1,583.19 $ 1,592.79
60 2/1/2025 $ 1,602.74 $ 9.95 $ 1,592.79 $ -
2025 Totals $ 3,205.78 $ 29.80 $ 3,175.98
Total Paid Total Interest Total Principle
Grand
Totals $ 96,182.10 $ 16,182.10 $ 80,000.00
Last payment is reduced by $.30 due to rounding.
SECURITY AGREEMENT
This Security Agreement is entered into on _________________, 2020 (“Effective
Date”), between Unruly Brewing, LLC, a Michigan limited liability company, of 360 W. Western
Ave., Muskegon, Michigan 49440 (“Debtor”), and the City of Muskegon, a Michigan municipal
corporation, at 933 Terrace Street, Muskegon, Michigan 49440 (“City”), with reference to the
following facts:
Background
A. Debtor has received from City a loan in the amount of $80,000.00 pursuant to the
terms and conditions of a certain term loan agreement between City and Debtor of even date
(“Loan Agreement”).
B. Debtor has agreed to grant a security interest in all of its assets as security for
payment of the loan pursuant to the terms of a certain promissory note between Debtor and City
of even date (“Note”).
Therefore, for good and valuable consideration, the parties agree as follows:
1. Definitions. As used in this Security Agreement, the following definitions (in
addition to other terms and provisions set forth in Article IX of the Michigan Uniform Commercial
Code, MCL 440.9101 et seq.) shall apply:
a. Collateral. The collateral shall consist of all of the personal property of
Debtor, wherever situated, whether now owned or later acquired, including: Accounts;
Chattel paper; Deposit Accounts; Documents; Equipment; Farm Products; General
Intangibles, including payment intangibles; Goods; Instruments, including promissory
notes; Inventory; Investment Property; Letters of Credit and Letters of Credit Rights;
Supporting Obligations. To the extent not listed above as original Collateral, proceeds
and products of the foregoing, including all Inventory repossessed or returned; and, in
addition, as used in this Agreement, Inventory includes goods held for sale or lease or
furnished or to be furnished under contracts of service, or goods being processed for
sale in Debtor’s business, as now or later conducted, including raw materials, work in
process, finished goods, and materials and supplies used or consumed in Debtor’s
business. All of the above shall be referred to as the “Collateral”.
b. Obligations. This Security Agreement secures the following (collectively,
the “Obligations”):
i. Debtor’s obligations and liabilities under the Loan Agreement,
including any agreements or instruments referred to therein, the Note and this
Agreement;
ii. The repayment of (1) any amounts that City may advance or
spend for the maintenance or preservation of the Collateral, and (2) any other
expenditures that City may make under the provisions of this Security Agreement
or for the benefit of Debtor;
1
iii. All amounts owed under any modifications, renewals, or
extensions of any of the foregoing items; and
iv. Any of the foregoing that arises after the filing of a petition by or
against Debtor under the Bankruptcy Code, even if the obligations due do not
accrue because of the automatic stay under the Bankruptcy Code Section 362 or
otherwise.
c. Term. A period of time commencing on the date of this Agreement and
ending on the Termination Date.
d. Termination Date. The date when all Obligations owed by Debtor to City
have been satisfied.
e. UCC. Any term used in the Uniform Commercial Code as adopted from
time to time in the State of Michigan (“UCC”) and not defined in this Security Agreement
has the meaning given to the term in the UCC.
2. Grant of Security Interest. As security for the payment or performance of the
Obligations, Debtor grants a Security Interest in the Collateral to City.
3. Perfection of Security Interests.
a. Filing of Financing Statement. Debtor authorizes City to file a financing
statement (the “Financing Statement”) describing the Collateral.
b. Possession. Debtor shall have possession of the Collateral, except
where otherwise expressly provided in this Security Agreement.
c. Control. Debtor will cooperate at all times with City in obtaining control
with respect to the Collateral.
4. Post-Effective Date Covenants and Rights Concerning the Collateral.
a. Inspection. The parties to this Security Agreement may inspect any
Collateral in the other party’s possession or control at any time upon reasonable notice.
b. Personal Property. The Collateral shall remain personal property at all
times; and Debtor shall not affix any of the Collateral to any real property in any manner
that would change its nature from that of personal property to real property or to a
fixture.
c. City Collection Rights. City shall have the right at any time to enforce
Debtor’s rights against the account debtors and obligors.
d. Limitations on Duties Concerning Maintenance of Collateral.
i. Debtor has the risk of loss of the Collateral; and
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ii. City has no duty to collect any income accruing on the Collateral
or to preserve any rights relating to the Collateral.
e. Inventory. Debtor has the power to sell Debtor’s Inventory in the
ordinary course of Debtor’s business, provided that Debtor is not in default. In addition,
the parties agree as follows:
i. A sale of Debtor’s Inventory not in the ordinary course of business
shall constitute a default; and
ii. The interest of City shall continue in all proceeds of sales and all
dispositions of Debtor’s Inventory.
5. Covenants, Warranties and Representations of Debtor. Debtor, as an
inducement to City to extend credit to Debtor, covenants, represents, and warrants to City the
following:
a. Title to and Transfer of Collateral. Debtor has rights in or the power to
transfer the Collateral, and its title to the Collateral is free of all adverse claims, liens,
security interests, and restrictions on transfer or pledge.
b. Location of Collateral. Debtor will maintain the Collateral at, and will not
remove the Collateral from, Debtor’s business address of 2221 Lemuel Street,
Muskegon Heights, Michigan 49444, without the prior written consent of City. Debtor will
promptly notify City in writing of any change in the location of any place of business or
establishment of any new place of business of Debtor.
c. Organization and Name. Debtor is duly organized and operating a
business under the laws of the State of Michigan; and, further, until the Obligations are
paid in full, Debtor agrees that Debtor will:
i. Preserve its existence in good standing and not, in one
transaction or a series of related transactions, merge into or consolidate with any
other entity, or sell all or substantially all of Debtor’s assets;
ii. Not change Debtor’s name without the written consent of City.
Debtor’s exact legal name is as set forth in the first paragraph of this Security
Agreement; and
iii. Not change its location as that term is defined in UCC 9-307 (MCL
440.9307).
d. Use. The Collateral will be used primarily for Debtor’s business.
e. Records. Debtor will at all times during this Agreement keep accurate
and complete records of Debtor’s Collateral, and will, at any time at the request of City,
deliver to City a schedule specifically identifying all of the Collateral.
3
f. Insurance. Debtor will keep the Collateral continuously insured with
insurance carriers in amounts and against risks that shall be reasonably satisfactory to
City, with the loss payable clause in favor of City.
g. Indemnification. Debtor agrees to indemnify and hold harmless City
from any loss or damage caused by the Collateral or its use, and immediately to give
written notice to City of any loss of or damage to the Collateral occasioned by any
cause.
h. Impairment of Collateral. If the Collateral becomes unsatisfactory to
City or deteriorates in market or actual value, Debtor will, after written demand given by
City to Debtor, promptly reduce the debt to City to the extent specified by City or, in the
alternative, increase the Collateral to the amount affixed by City.
i. Financial and Other Statements. During the term of this Agreement,
Debtor will deliver to City as soon as practicable upon request by City (and in any event,
within 90 days thereafter), the following:
i. Debtor’s balance sheet at the end of such year;
ii. Debtor’s tax return for such fiscal year; and
iii. A certificate of good standing or similar document from the Office
of the Secretary of State affirming that Debtor remains duly organized under the
laws of the State of Michigan.
6. Events of Default. The occurrence of any of the following shall, at the option of
City, be an Event of Default:
a. Any default, Event of Default as defined under the Agreement, this
Security Agreement, or any of the other Obligations;
b. Debtor’s failure to comply with any of the provisions of, or the
incorrectness of any representation or warranty contained in, this Security Agreement or
in any of the other Obligations;
c. Transfer or disposition of any of the Collateral, except as expressly
permitted by this Security Agreement;
d. Attachment, execution, or levy on any of the Collateral;
e. Debtor voluntarily or involuntarily becoming subject to any proceeding
under (i) the Bankruptcy Code or (ii) any similar remedy under state statutory or common
law; or
f. Debtor shall fail to comply with, or become subject to any administrative
or judicial proceeding under any federal, state, or local (i) hazardous waste or
4
environmental law, (ii) asset forfeiture or similar law which can result in the forfeiture of
property, or (iii) other law, where noncompliance may have any significant effect on the
Collateral.
7. Default Costs. Should an Event of Default occur, Debtor will pay to City all
costs reasonably incurred by City for the purpose of enforcing its rights hereunder, including:
a. Costs of foreclosure;
b. Costs of obtaining money damages; and
c. A reasonable fee for the services of attorneys employed by City for any
purpose related to this Security Agreement or the Obligations, including consultation,
drafting documents, sending notices, or instituting, prosecuting, or defending litigation or
arbitration.
8. Remedies Upon Default.
a. General. Upon any Event of Default, City may pursue any remedy
available at law (including those available under the provisions of the UCC), or in equity,
to collect, enforce, or satisfy any Obligations then owing, whether by acceleration or
otherwise.
b. Conformer Remedies. Upon any Event of Default, City shall have the
right to pursue any of the following remedies separately, successively, or
simultaneously:
i. File suit and obtain judgment and, in conjunction with any action,
City may seek any ancillary remedies provided by law, including levy of
attachment and garnishment;
ii. Take possession of any Collateral not already in its possession
without demand and without legal process. Upon City’s demand, Debtor will
assemble and make the Collateral available to City as City may direct. Debtor
grants to City the right, for this purpose, to enter into or on any premises where
Collateral may be located; and
iii. Without taking possession, sell, lease, or otherwise dispose of the
Collateral at public or private sale in accordance with the UCC.
9. Foreclosure Procedures.
a. No Waiver. No delay or omission by City to exercise any right or remedy
accruing upon any Event of Default shall: (i) impair any right or remedy, (ii) waive any
default or operate as an acquiescence to the Event of Default, or (iii) affect any
subsequent default of the same or of a different nature.
5
b. Notices Regarding Sale. City shall give Debtor such notice of any
private or public sale as may be required by the UCC.
c. Condition of Collateral. City has no obligation to clean-up or otherwise
prepare the Collateral for sale.
d. No Obligation to Pursue Others. City has no obligation to attempt to
satisfy the Obligations by collecting them from any other person liable for them and City
may release, modify, or waive any Collateral provided by any other person to secure any
of the Obligations, all without affecting City’s rights against Debtor. Debtor waives any
right it may have to require City to pursue any third person for any of the Obligations.
e. Compliance with Other Laws. City may comply with any applicable
state or federal law requirements in connection with a disposition of the Collateral, and
compliance will not be considered to adversely affect the commercial reasonableness of
any sale of the Collateral.
f. Warranties. City may sell the Collateral without giving any warranties as
to the Collateral. City may specifically disclaim any warranties of title or the like. This
procedure will not be considered to adversely affect the commercial reasonableness of
any sale or other disposition of the Collateral.
g. Sales on Credit. If City sells any of the Collateral upon credit, Debtor will
be credited only with payments actually made by the purchaser, received by City, and
applied to the indebtedness of the purchaser. If the purchaser fails to pay for the
Collateral, City may resell the Collateral, and Debtor shall be credited with the proceeds
of the sale.
h. Purchases by City. If City purchases any of the Collateral being sold,
City may pay for the Collateral by crediting some or all of the Obligations of Debtor.
i. No Marshaling. City shall have no obligation to marshal any assets in
favor of Debtor, or against or in payment of any of the Obligations or any other obligation
owed to City by Debtor or any other person.
10. Miscellaneous.
a. Assignment. This Security Agreement shall bind and shall inure to the
benefit of the heirs, legatees, executors, administrators, successors, and assigns of City
and shall bind all persons who become bound as a debtor to this Security Agreement.
City does not consent to any assignment by Debtor except as expressly provided in this
Security Agreement. City may assign its rights and interests under this Security
Agreement. If an assignment is made, Debtor shall render performance under this
Security Agreement to the assignee. Debtor waives and will not assert against any
assignee any claims, defenses, or set-offs that Debtor could assert against City except
defenses that cannot be waived.
b. Severability. Should any provision of this Security Agreement be found
to be void, invalid, or unenforceable by a court or panel of arbitrators of competent
6
jurisdiction, that finding shall only affect the provisions found to be void, invalid, or
unenforceable and shall not affect the remaining provisions of this Security Agreement.
c. Notices. Any notices required by this Security Agreement shall be
deemed to be delivered when a record has been (i) deposited in any United States
postal box if postage is prepaid, and the notice properly addressed to the intended
recipient, (ii) received by fax, (iii) received through the Internet, and (iv) when personally
delivered.
d. Headings. Section headings used in this Security Agreement are for
convenience only. They are not a part of this Security Agreement and shall not be used
in construing it.
e. Governing Law. This Security Agreement is being executed and
delivered and is intended to be performed in the State of Michigan and shall be
construed and enforced in accordance with the laws of the State of Michigan.
f. Waiver. Any party to this Security Agreement may waive the
enforcement of any provision to the extent the provision is for its benefit.
g. Further Assurances. Debtor agrees to execute any further documents,
and to take any further actions, reasonably requested by City to evidence or perfect the
security interest granted herein, to maintain the priority of the security interests, or to
effectuate the rights granted to City herein.
The parties have signed this Security Agreement on the date set forth below their
names, to be effective as of the date set forth above.
City – City of Muskegon Debtor – Unruly Brewing, LLC
By: _______________________________ By: _______________________________
Name: Steven Gawron Name: Jeff Jacobson
Title: Mayor Title: ______________________
Dated: ____________, 2019 Dated: ____________, 2019
By: ______________________________
Name: Ann Meisch
Title: City Clerk
Dated: ____________, 2019
7
PERSONAL GUARANTY
This Personal Guaranty (“Guaranty”) is given ____________, 2020 (“Effective Date”), by
Jeff Jacobson (“Jacobson”) to the City of Muskegon (“City”), with reference to the following
facts:
Background
A. The City has extended to Unruly Brewing, LLC, a Michigan limited liability
company (“Unruly Brewing”), the principal sum of $80,000.00 represented by a promissory note
of even date (“Debt”).
B. Jacobson is financially interested in the Unruly Brewing and he will receive
valuable consideration for the Debt to Unruly Brewing.
C. Therefore, Jacobson agrees that hhe will guarantee payment of the Debt to the
full extent of any property or interest held or owned by him under any form of legal or beneficial
ownership. Jacobson desires to enter into this Guaranty to induce the City to engage in
transactions in which Unruly Brewing may make, extend, renew, or refinance the Debt to the
City.
Therefore, for good and valuable consideration, Jacobson agrees as follows:
1. Guaranty. Jacobson guarantees to the City, its successors and assigns, the
prompt payment when due, whether by acceleration or otherwise, of the Debt, together with
interest at the rate stated in any document evidencing such liability, and any attorney fees, costs
and expenses of collection incurred by the City in connection with any liability covered by this
Guaranty. Such Guaranty shall extend to any property or interest held or owned by Jacobson
individually or jointly or under any other form of legal or beneficial ownership.
2. Duration. The obligation of Jacobson shall continue until full payment is made of
the Debt of Unruly Brewing to the City now due or hereafter to become due and until payment is
made of any loss or damage incurred by the City with respect to any liability covered by this
Guaranty.
3. Successors and Assigns Bound. Jacobson agrees that this Guaranty shall be
enforceable against his heirs, successors, and assigns.
4. Guaranty to be Supplemental. Jacobson agrees that this Guaranty shall
supplement and be in addition to any other guaranty, indemnity, pledge, security agreement,
mortgage, hypothecation, or any other form of collateral to secure any liability of Unruly Brewing.
5. Consent. Jacobson consents, without affecting his obligations to the City, that
the City may, without notice to or the consent of Jacobson, in its sole discretion, deal in any
manner with the Debt and any collateral therefor, including, but not limited to, the following
powers, in addition to any powers granted by law:
a. To extend, in whole or in part, by renewal, refinancing or otherwise, the
time of payment of the Debt;
1
b. To release, surrender, exchange, modify, impair or extend the period or
duration or the time for performance or payment of any collateral securing the Debt;
c. To settle or compromise any claim of the City against Unruly Brewing, or
against any other person, firm or corporation, whose obligation is held by the City as
collateral security for payment of the Debt;
d. In the event of nonpayment when due, by acceleration or otherwise, of the
Debt, to realize on the collateral or any part thereof, in whole or in such parcels or
subdivided interests as the City may elect, at any public or private sales, on such terms
and conditions as the City may accept, without demand, advertisement or notice of the
time and place of sale or any adjournment thereof, or by foreclosure or otherwise, or to
forbear from realizing thereon, all as the City in its sole discretion may deem proper, and
to purchase all or any part of the collateral for its own account. At any such sale or
foreclosure, such powers are to be exercised only to the extent permitted by law; and
e. To modify or otherwise change any terms of all or any part of the Debt or
the rate of interest thereon.
Jacobson ratifies and affirms any such extension, renewal, release, surrender,
exchange, modification, impairment, settlement, compromise, purchase at a foreclosure or other
sale, and all such actions shall be binding upon Jacobson who waives all defenses,
counterclaims, or offsets which he might have by reason thereof.
6. Waiver. Jacobson waives: (a) notice of acceptance of this Guaranty by the City;
(b) notice of presentment, demand for payment, protest, or other default of any of Unruly
Brewing’s liabilities or the obligation of any person, firm, or corporation held by the City as
collateral security for Unruly Brewing’s obligation; (c) notice of the failure of any person, firm, or
corporation to pay to the City any indebtedness held by the City as collateral security for
payment of the Debt; and (d) all defenses, offsets, and counterclaims that Jacobson may at any
time have to any claim of the City against Unruly Brewing.
7. Discharge. The obligation of Jacobson and the rights of the City in collateral
securing repayment of the Debt shall not be released, discharged, or in any way affected, nor
shall Jacobson have any rights against the City by reason of the fact that: (a) collateral may be
in default at the time of acceptance by the City or subsequent to such date; (b) a valid lien or
security interest in any of the collateral may not be created in favor of or conveyed to the City; (c)
any of the collateral may be subject to equities or defenses or claims in favor of others or may be
invalid or defective in any way; (d) the financial condition of Borrower or Jacobson may not have
been correctly estimated or may have changed; and (e) any collateral may have deteriorated,
wasted or been lost by fire, theft, casualty, or otherwise unless such deterioration, waste, or loss
shall be caused by willful act of the City.
8. Remedies. The City may at its option proceed against Jacobson to collect any
obligation covered by this Guaranty, without first proceeding against Unruly Brewing, or any
other person, firm, corporation, or guarantor, and without first resorting to any property at any
time held by the City as collateral security. The City may proceed against Jacobson as if such
amounts due are the direct and primary obligation of Jacobson. Jacobson shall have no right of
subrogation, indemnification, or contribution with respect to the Debt or the collateral unless and
until the City shall have received full payment of the Debt.
2
9. Choice of Law. This Guaranty is established and accepted by the City under the
laws of the State of Michigan and all questions concerning its validity and construction shall be
determined under such laws.
10. Severability. If any clause, provision, or paragraph of this Guaranty is ruled
invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability
of such clause, provision, or paragraph shall not affect any of the remaining clauses, provisions,
or paragraphs.
This Guaranty has been executed on the day and year above written.
_________________________
Jeff Jacobson, individually
Dated: _____________, 2020
3
Application for Term Loan
City of Muskegon Revolving Loan Fund
Application Date: ___1/7/20___________________
Applicant Business: Unruly Brewing Company, LLC
___Sole Proprietorship ___ Partnership __x_ Corporation
(taxed as a C-corp)
Principals: Name Address %Ownership
Jeffery Jacobson 22.76
Eric Hoffman 22.75
Mark Gongalski 22.75
Business Address: 360 W. Western Ave., Muskegon, MI 49440
Project Address: 360 W. Western Ave., Muskegon, MI 49440
Employment: ____X___Now ______ On Project Completion ____ After One Year
Source of Funds Equity amount in business
(Including new loan): $250,000 22.5% of total
Bank Participation: $780,000 70.3% of total (made up of several lenders)
City RLF Loan Requested: $80,000 7.2% of total
TOTAL SOURCES: $1,110,000 100%
Use of Funds: Land and Building: $560,000
Site Improvements: $
Construction/Renovation: $95,000
Machinery & Equipment: $410,000
Furniture and Fixtures : $20,000
Working Capital: $25,000
Legal and Closing: $ (Due & payable at closing from loan
proceeds)
TOTAL USES: $1,110,000
Collateral Offered: Equipment located at 360 W. Western Ave., and the canning line to be purchased
____________________________________________________________
(I) or (We) certify that the information in the application and other supporting documents is true and
accurate. Any other use of City of Muskegon Revolving Loan Funds than as requested constitutes fraud. (I)
or (We) further agree to comply with the Federal Civil Rights and Equal Opportunity statutes of Title VI
and Title VIII and Michigan Civil Rights Act and Fair Employment Practices Act and related rules and
regulations.
(s)_______________________________________________________________________________
Date: 1/9/2020 Loan Request: $80,000
Company Information:
Project Location: 2221 Lemuel, Muskegon
Heights, MI / 360 W. Western Ave.,
Current Location: 360 W. Western Ave., Muskegon, MI
Muskegon, MI Address: 360 W. Western Ave.,
Muskegon, MI 49440
Principal: Jeffery Jacobson
Summary of Project:
Production and packaging at 2221 Lemuel Street, Muskegon Heights, MI: Unruly has licensed the premises as
a production Micro-Brewery for the production of craft beer and for production of wine products, such as cider
and other wines, as a Small Wine Maker only with no retail sales at that location. The production will include
kegs and a canning line to assist with retail sales at 360 W. Western, Ave., Muskegon MI and additional
wholesale sales around the State of Michigan. Additional product will allow Unruly to be competitive in the
market, which it has recently struggled to keep up with demand for its product. In addition, the wide spread
distribution both at off premises retail and at bars and restaurants around Michigan will act as advertising to
visit the brewery in downtown Muskegon, which is the only taproom where people can visit and purchase
beer, wine, and cider directly from the brewery. There are no plans to have any retail outlet at 2221 Lemuel
Street, Muskegon Heights, which will be solely used to support the downtown brewery and wholesale sales of
the Unruly products. This increased production will also make the operation more efficient and increase profit
margins to help support operations in downtown Muskegon and assist with improvements to that location. The
majority of the loan request from the City of Muskegon will be used to pay for a much needed canning line to
allow for additional retail sales within the taproom. Having canned product available for purchase from the
taproom will help increase taproom sales. In addition, having canned product in local and regional off
premises retail locations, such as Meijer, will help promote and drive traffic to Unruly's downtown Muskegon
location to sample other products that we have on tap. Beer and wine production will continue at the current
location, 360 West Western, Muskegon, MI to support the tap list and do small experimental batches.
Employment:
We currently employ 11 to 15 individuals throughout the year depending on the season, and have plans to
increase our employment as production and taproom traffic increase.
Sources and Uses Summary:
SOURCES USES
Equity Purchase of real estate, real estate improvements,
working capital, equipment purchase
Loans Purchase of real estate, real estate improvements, working
capital, equipment purchase
City RLF Loan Purchase equipment, equipment connections, inventory
purchase, raw materials purchase. Specifically $60,000
will be allocated to the purchase of a canning line and
related items to the operation of that equipment, including
sterile air components, loaders, and inventory.
Other Financial Comments:
We have borrowed significant amounts for our improvements after all of the equity investments we have
raised. We have requested further lines of credit from both PNC and Chemical Bank, which they have
denied extending us further loans. Once the production facility is up and running it will take a significant
burden off of the downtown taproom. Currently, the taproom is supporting all the expenses of the
expansion. The production facility will be operational by mid January of 2020 and we are working with
distributors to take orders. This will help to take some of the financial burden off of the taproom initially and
eventually help put additional investment back into the downtown location. The addition of a canning line
will help speed that increased production and sales by creating another avenue for distribution to off
premises locations such as gas stations, grocery stores, and convenience stores that we can not currently sell
product to because we only have kegs.
Loan Package Structure:
Collateral:
Recommendation:
*Information contained in this application and supporting documentation may be subject to review by the
public if a Freedom of Information Request is filed.
Revenue and Expenses for Operation of Unruly Production Facility
2019 2020
Revenue: November December January February March April May June July Aug Sept Oct Nov Dec Totals
Beer (Intercompany & Wholesale) in 1/2 bbls 0 0 60 120 240 500 765 765 775 775 755 775 775 781 7086
Keg Sales ($130 average per 1/2 bbl) 0.00 0.00 7,800.00 15,600.00 31,200.00 65,000.00 99,450.00 99,450.00 100,750.00 100,750.00 98,150.00 100,750.00 100,750.00 101,530.00 921,180.00
Cost of Goods Sold
Brewery
Chemicals 0.00 0.00 102.56 205.12 410.24 854.67 1,307.64 1,307.64 1,324.73 1,324.73 1,290.55 1,324.73 1,324.73 1,334.99 12,112.34
Packaging 0.00 0.00 204.60 409.20 818.40 1,705.00 2,608.65 2,608.65 2,642.75 2,642.75 2,574.55 2,642.75 2,642.75 2,663.21 24,163.26
Production Supplies 0.00 0.00 33.81 67.61 135.22 281.72 431.03 431.03 436.66 436.66 425.39 436.66 436.66 440.04 3,992.49
Raw Materials 0.00 0.00 1,111.50 2,223.00 4,446.00 9,262.50 14,171.63 14,171.63 14,356.88 14,356.88 13,986.38 14,356.88 14,356.88 14,468.03 131,268.15
Contingency 20% 0.00 0.00 290.49 580.99 1,161.97 2,420.78 3,703.79 3,703.79 3,752.20 3,752.20 3,655.37 3,752.20 3,752.20 3,781.25 34,307.25
Total COGS 0.00 0.00 1,742.96 3,485.92 6,971.84 14,524.66 22,222.73 22,222.73 22,513.22 22,513.22 21,932.24 22,513.22 22,513.22 22,687.52 205,843.48
Gross Profit 0.00 0.00 6,057.04 12,114.08 24,228.16 50,475.34 77,227.27 77,227.27 78,236.78 78,236.78 76,217.76 78,236.78 78,236.78 78,842.48 715,336.52
Expenses
Rent 2912.20 2912.20 2912.20 2912.20 2912.20 2912.20 2912.20 2912.20 2912.20 2912.20 2912.20 2912.20 2912.20 2912.20 40770.80
Utilities
Gas 0.00 0.00 53.33 106.67 213.33 444.44 680.00 680.00 688.89 688.89 671.11 688.89 688.89 694.22 6298.67
Water 0.00 0.00 53.33 106.67 213.33 444.44 680.00 680.00 688.89 688.89 671.11 688.89 688.89 694.22 6298.67
Electric 0.00 0.00 53.33 106.67 213.33 444.44 680.00 680.00 688.89 688.89 671.11 688.89 688.89 694.22 6298.67
Internet / Phone 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 2100.00
Insurance 1000.00 1000.00 1000.00 1000.00 1000.00 1000.00 1000.00 1000.00 1000.00 1000.00 1000.00 1000.00 1000.00 1000.00 14000.00
Professional Fees 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Accounting Fees 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
General Maintenance 0.00 0.00 50.00 50.00 50.00 50.00 750.00 750.00 750.00 750.00 750.00 750.00 750.00 750.00 6200.00
Office 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Supplies 0.00 0.00 50.00 50.00 50.00 50.00 300.00 300.00 300.00 300.00 300.00 300.00 300.00 300.00 2600.00
Travel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Advertising/ Marketing 0.00 0.00 133.33 266.67 533.33 1111.11 1700.00 1700.00 1722.22 1722.22 1677.78 1722.22 1722.22 1735.56 15746.67
Labor
Salary - Managers 0.00
Salary -Sales
Hourly - General Laborers 0.00 0.00 0.00 0.00 426.67 888.89 1,360.00 1,360.00 1,377.78 1,377.78 1,342.22 1,377.78 1,377.78 1,388.44 12,277.33
Hourly - Assistant Brewers 0.00 0.00 117.33 234.67 469.33 977.78 1,496.00 1,496.00 1,515.56 1,515.56 1,476.44 1,515.56 1,515.56 1,527.29 13,857.07
Hourly - Brewer 0.00 0.00 138.67 277.33 554.67 1,155.56 1,768.00 1,768.00 1,791.11 1,791.11 1,744.89 1,791.11 1,791.11 1,804.98 16,376.53
Hourly - Brewer 444.45 925.93 1,416.67 1,416.67 1,435.19 1,435.19 1,398.15 1,435.19 1,435.19 1,446.30 12,788.91
Payroll Taxes 0.00 0.00 71.95 143.91 287.82 599.62 917.41 917.41 929.41 929.41 905.42 929.41 929.41 936.60 8,497.77
Property Taxes 571.74 571.74 571.74 571.74 571.74 571.74 571.74 571.74 571.74 571.74 571.74 571.74 571.74 571.74 8,004.36
Equipment Leasing 0.00 0.00 800.00 1,666.67 2,550.00 2,550.00 2,583.33 2,583.33 2,516.67 2,583.33 2,583.33 2,603.33 23,620.00 0.00 46,640.00
Federal Beer and Wine Tax 0.00 0.00 94.50 189.00 378.00 787.50 1,204.88 1,204.88 1,220.63 1,220.63 1,189.13 1,220.63 1,220.63 1,230.08 11,160.45
State Beer and Wine Tax 0.00 0.00 170.10 340.20 680.40 1,417.50 2,168.78 2,168.78 2,197.13 2,197.13 2,140.43 2,197.13 2,197.13 2,214.14 20,088.81
State Sales Tax
Equipment Loan 7,181.00 7,181.00 7,181.00 7,181.00 7,181.00 7,181.00 7,181.00 7,181.00 7,181.00 7,181.00 7,181.00 7,181.00 7,181.00 7,181.00 100,534.00
Subtotal Expenses and Liabilities 11,814.94 11,814.94 13,600.83 15,353.38 18,879.60 23,662.15 29,520.01 29,520.01 29,637.28 29,703.95 29,336.06 29,723.95 50,740.62 27,230.98 350,538.70
Contingency 10% 1,181.49 1,181.49 1,360.08 1,535.34 1,887.96 2,366.22 2,952.00 2,952.00 2,963.73 2,970.40 2,933.61 2,972.40 5,074.06 2,723.10 35,053.87
Total Expenses and Liabilities 12,996.43 12,996.43 14,960.91 16,888.72 20,767.56 26,028.37 32,472.01 32,472.01 32,601.01 32,674.35 32,269.67 32,696.35 55,814.68 29,954.08 385,592.57
Income from Lease of 2217 Lemuel 1,750.00 1,750.00 1,750.00 1,750.00 1,750.00 1,750.00 1,750.00 1,750.00 1,750.00 1,750.00 1,750.00 1,750.00 1,750.00 1,750.00 24,500.00
Net Profit/Loss -11,246.43 -11,246.43 -7,153.87 -3,024.64 5,210.60 26,196.97 46,505.26 46,505.26 47,385.76 47,312.43 45,698.10 47,290.43 24,172.10 50,638.40 354,243.95
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 11, 2020 Title: Arena Change Order
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Staff is seeking approval of Change Order 1 to the contract with Platinum
Contracting for work being completed under Phase 2 of the arena restroom renovation project.
Detailed Summary: On December 10, 2019, the City Commission approved a contract with
Platinum Contracting to remodel the existing restrooms at the Mercy Health Arena. The original
contract amount was $266,173.69. A number of issues/changes have arisen since the project
commenced. Some of the major issues include the presence of asbestos, an immediate need for
increased restroom fixtures, and deterioration of a number of windows that now require
replacement. The additional work will raise the contract cost by $177,981.38, however, the
additional work will result in six additional women’s toilets, two additional men’s urinals, and 14
additional “flex” toilets that can be used as either men’s or women’s water closets, depending on
event type/attendance. The previous plan left the arena slightly short on both men’s and women’s
facility counts, but the new plan exceeds both.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): Fund(s) or Account(s): N/A
Recommended Motion: Approve the Agreement and authorize the Mayor to sign.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
DEMOLITION NOTES:
1. REMOVE ALL MATERIAL TO ACCOMMODATE NEW WORK.
0' - 2"
COORDINATE ALL DEMOLITION WITH NEW WORK.
2. REMOVE ALL LIGHTING AND OUTLETS WITHIN AREA INDICATED
FOR DEMO TO ACCOMMODATE NEW WORK. REMOVE ELECTRICAL
ITEMS INCLUDING CONDUIT AND CABLE TO NEAREST JUNCTION OR andrea j riegler, architect pllc
231-557-0325
PULL LOCATION. CONDUIT WITHIN WORK TO REMAIN SHALL BE andrea@ajr.design
ABANDONED.
REMOVE
REMOVE ALL
TOILET ACCESSORIES 3. PROVIDE SHORING AS REQUIRED BY WALL REMOVAL.
AND PARTITIONS
PLUMBING
FIXTURES & 4. FINAL SIZING ANY REQ'D COLUMNS TO BE COORDINATED WITH
ASSOCIATED PIPING ARCHITECT/ENGINEER UPON COMPLETION OF DEMO AND
REMOVE WALL REMOVE ALL
FULL HEIGHT PLUMBING OBSERVATION OF UNCOVERED CONDITIONS.
FIXTURES &
ASSOCIATED PIPING
WALL TYPES
REMOVE
PARTIAL 1 6" METAL STUD FRAMED TO DECK. 5/8" GYP. EACH SIDE. 5 1/2"
HEIGHT WALLS THICK BATT INSULATION
1B 6" METAL STUD FRAMED TO DECK. WHITE SUBWAY TILE TO 84"
REMOVE TOILET A.F.F. EACH SIDE OVER 1/2" GYP BOARD EACH SIDE.
ACCESSORIES & PARTITIONS
15' - 11 1/2" 9' - 5"
REMOVE WALLS -
FULL HEIGHT
1C 6" METAL STUD FRAMED TO DECK. 5/8" GYP. ONE SIDE.
REMOVE WALLS -
FULL HEIGHT
3' - 4"
2 6" METAL STUD FRAMED TO DECK. 1/2" GYP - ONE SIDE. WHITE SUBWAY
TILE TO 84" A.F.F. DK. GREY GROUT
3 EXISTING MASONRY WALL - TO BE PAINTED
DEMOLITION PLAN - PHASE II RESTROOM RENOVATIONS 3 5/8" GYP BD OVER METAL FURRING CHANNEL ON EXISTING MASONRY WALL
NORTH SCALE: 1/4" = 1' - 0"
4 4" METAL STUDS @ 16" O.C. FRAMED TO DECK. . 5/8" GYP EACH SIDE
TILE TO 84" A.F.F.
5' - 4"
2 2
KEY NOTES:
7 7 7 7 7 7 1B 1 NEW WALL HUNG W.C.'S:
7 7 7 7 7 7 7 KOHLER KINGSTON ELOGATED WALL MOUNT TOILET BOWL WITH TOP INLET
2
(K4325) (OR ARCHITECT APPROVED EQUAL)
1
WOMENS WOMENS
WEST ELEV
3
MENS
2 FLUSH VALVE: KOHLER PRIMME 1.28 GPF MANUAL FLUSH VALVE (OR ARCHITECT
12 13 14
A0.1
APPROVED EQUAL)
7 7 7 7 7 7
2. TOILET PARTITIONS ASI GLOBAL OR ARCHITECT APPROVED EQUAL:
FLOOR MOUNTED/OVERHEAD BRACED
7 7 7 7 7 7 7
MATERIAL: SOLID PLASTIC (HDPE) ALTERNATE: COLOR: BLACK - PROVIDE
SUBMITTAL. FULL LENGTH DOOR HINGES (HEAVY DUTY)
2A URINAL PARTITIONS WALL MOUNTED, FULL LENGTH HINGE, BOTTOM MOUNT
2 8' - 11" @ 12" A.F.F. - PARTITION SIZE, 24" DEEP BY 48" TALL.
12"
12"
12"
1
4' - 7" 3' - 6"
1 3 3. NEW WALL HUNG URINALS: KOHLER DEXTER URINAL WITH TOP SPUD (K-5452 ET)
1B (OR ARCHITECT APPROVED EQUAL)
6' - 4 1/2"
7 7 7 7 7 7 7 No. Description Date
NURSING RM NURSING RM FLUSH VALVE: KOHLER PRIMME .125 GPF MANUAL WASHDOWN URINAL
7 7 7 7 FLUSHOMETER VALVE (OR ARCHITECT APPROVED EQUAL)
6' - 3 1/2" 7' - 1 1/2" 1
4' - 5 1/2" 4. NEW WALL HUNG SINKS:
KOHLER CHESAPEAKE WALL MOUNT SINK (MODEL 1722-0) WHITE (OR ARCHITECT
APPROVED EQUAL)
FAUCET: KOHLER JULY 1-HOLE COMMERICAL FAUCET IN POLISHED CHROME
(K-97282-4-CP) (OR ARCHITECT APPROVED EQUAL)
PROPOSED FLOOR PLAN LAYOUT - PHASE II RESTROOM RENOVATIONS 5. MIRRORS: 24" X 36" GLASS MIRROR WITH SIMPLE POLISHED CHROME FRAME
OVER EACH SINK. MOUNT BOTTOM OF MIRROR @ 40" A.F.F.
NORTH SCALE: 1/4" = 1' - 0"
6. TOILET ACCESSORIES: GRAB BARS FOR EACH ACCESSIBLE TOILET STALL
4" X 16" EXPRESSION SUBWAY TILE (GLOSSY WHITE) WITH 7. LIGHT FIXTURE: L1 - 4' STRIP LED FIXTURE - COLUMBIA LIGHTING CSL4-4040 (4000
4" HIGH COVE BASE AND PEARL GRAY GROUT . INSTALL TILE IN A RUNNING BOND BRICK LUMENS, 4000K) OR ARCHITECT APPROVED EQUAL - MOUNT FIXTURES TO
PATTERN TO MATCH PHASE 1 TILE.
INSTALL SCHLUTER SCHIENNE AE 70 AT TOP AND SIDES OF TILE ON WALL.
EXISTING DECK ABOVE.
7' - 0"
BATHROOM RENO
3
WEST ELEV
1/4" = 1'-0"
GRAB BARS
TO BE INSTALLED
PHASE 2
AT EACH ACCESSIBLE
TOILET STALL IN CONFIGURATION
SHOWN. PROVIDE BLOCKING IN
ARENA
WALL BEHIND GRAB BARS
12" 40" 470 W Western Avenue
18"
7' - 0"
DOUBLE TOILET PAPER
ROLL BY OTHERS FLOOR PLANS
C
L Project number 19017
Date 01/21/20
40"
36"
Drawn by AJR
19"
Typical ADA Stall Elev
A0.1
6 Scale As indicated
1/2" = 1'-0"
FROM: TO:
PIatinum Contracting Group, LLC Frank Peterson
3265 WaIker Ave NY Suite D Citv of Muskegon
Grand Rapids, MI 49544 933 Terrace St
Muskegon Mi 4944O
Date: 2.4.2020
Owner Change Order#1
SCOP各OF WORK
I Asbestos Abatement 0.00
2 Demo ofexisting Chase Wa=s for new lavout 0.00
3 Placing BackConcrete at oId chase waiI 1,9 与.00
4 Additionai Biocking MateriaI for added StalIs and Accessories 8 0.00
5 lnsta= of additionaI partitions and accessories 7,6 3.08
6 Addjng 6 HM Doors, Frames, and Hardware 9,1 0.00
7 Frame New Wa=s per revised layout. lnc. Nursing 9,8 0.00
8 Additional Wa= T=e per revised wai=avout 8,6 2.00
9 Painting of Nursing Stations and Door Frames 1,2 与.00
lO Added 14 StaIIs and UrinaI Screens -To=et Partitions 2与,4 0.00
ll Added Plumbing Fixtures and associated wo「k 39,0 0.00
12 Adding 3 wa= heaters and associated pipingfo「 new layout 13,0 2.00
13 Adding Fire AIarm Svstem, Lighting Revision 11,1 4.00
14 Window Repiacement and Demo 23,7 与.00
15 Added 2 Baby Changing Stations 4 0,00
16 Platinum OH/P at 5% 8,4 与.30
d青で∴ふヽ十・⊂﹂で
OriginaI Contract Value 266,1 3.69
Net Change f「om Previous Change Orders
Current Contract TotaI 266,1 3.69
Current Change Request S 177,9 1,38
Revised Contract TotaI S 444,1 与,07
PLATlUM CONTRAING GROUP LLC City of Muskegon
Matt Anisko Frank Peterson
Matthew Anisko
[「om: KyIe CIark >>>>>>> $23,700。
BASE BID CLARIFICATIONS.
>Revision incIudes all changes pe「 drawings dated l/21/20.
>Cement boa「d subst「ate is included at the ceramic t=e areas.
>We do not incIude any tempora「y pa「航ions, dust bar「icades o「 ¶oo「 protection.
>We do not incIude any wood framing, fur「ing, bIocking or pIywood.
>We do not incIude any demo=tjon.
>A= work to be perfomed du「ing the hou「s of 7a to 3p, Monday th「ough Friday.
>DaiIy cieanup of our const「uction reIated deb「is is incIuded. Onsite dumpste「 to be provided by others.
ALTERNATES.
AしT#01. To revisethe base bid ceiling repair ADD: $2,110
This price includes revising the base bid ce冊g 「epair (drywaII and texture in印S) to laminating 318’’thick drywa= over th
entire surface.
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Respecffu=y submitted ,
功名/後ん之ア
Mitch Shoobridge
Estimato「
Date:
01I28I20 9・13 AM
Pagel ofl and any listed aItemates.
+O attachments 2. Work to be invoiced mon州y with netdue in 30 days. 1.5% monthIy service cha「ge w用be added to a=
PaSt
due accounts (18% per annum)
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Men′s Bath「oom #14
● 7-KohIerwa= hungwatercIosetswith KohIermanuaifIushvaIves.
● 12-KohIe「Dexte「Wa= hungurinaIswith Kohler manuaifIushvaIve.
● 6-KohIerChesapeakewa= hunglavatorieswith KohIer, ChromesingIe handIefaucet, less pop up, incIu es lO16
tempering valves and iavatory gua「ds.
● 7一」rSmith horizontaI watercIosetcarriers.
O 6-」RSmith lavatorycarriers.
● 12-」RSmith urinalcar「iers.
● 1-3’’fIoordrainwith bronze nickeItop, incIudestrapseaI.
Women’s Bathroom ♯12/縛13
● 34-KohlerwalI hungwatercIosetswith KohIermanuaIflushvaIves.
● 7-Kohle「Chesapeakewa= hung lavatorieswith Kohier, ChromesingIe handlefaucet, Iess pop up. 1ncIu es lO16
tempering vaIves and lavatory gua「ds.
● 34-」r Smith horizontaI water cIoset carriers.
● 7-」RSmith Iavatorycarriers.
● 2-3’’fIoordrainwith bronze nickeltop, incIudestrapseal
DOES NOT INCしUDE:
● FIoorpatchingand repairsofanyunused coresthrufIoor.
● Locker 「oom fixture/reIated plumbing updates
● Water heaterforfixtures in restrooms.
● NaturaI gas pipe and/orheating reIatedwork.
● Condensate.
● Storm pipingand related work,
Totai cost: ; 96,945.00
Cost to remove old insuIation and insta= new fiberglass insuIation and fittings in lower Ieve=ocker room on isting
heating lines. ADD: ; 4,340.00
Thank you
Shawn PoIs
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D種te: 1I30I2020
TO: P!atinum Co. ATTN: Brian Bush
RE: LC Walker Arena Restroom Phase Two
we propose the following pricing for the LC Walker Arena Phase Two Restroom Changes for your consideration.
If you have any questions or require further infomation, Please feel free to contact me.
Sc○pe:
. provide and insta11 three new ceiling hanging hydronic unit heaters (One Per Restroom Space)
. Line voltage themostats (Wiring done by elec証cian)
● All needed hydronic water piping
・ Test&Fi11newpIPlng
● One new restroom roofmounted exhaust fan for the center space created
● All needed ductwork with ceiling registers & air transfer ducts
・ Start-uP PrOCedures
坦壁書9,池過 多圭一、
Existing Fan Altemate Replacement
d ifan upgrade was needed an
There are two exis血g exhaust fans curently pulling from
or wanted the cost to replace these two fins would be in the sum
Exclusions: Structural supports; Curb flashing; rOOfi/floor/wall openings or f aming and patching/sealing
thereof; COnCrete Pads; Wiring above 24 volts; StarterS & disconnects; temPOrary heat; gaS Service to
building; Plumbing; Participation in composite clean-uP CreWS; OPeration’maintenance・ Or Warranty
extension if the HVAC systems are used for temporary conditioning; arChitectural access doors
clarifications: Pricing assumes nomal億ade sequencing and a clear work area will be provided. All back
charges will be resoIved within 30 days ofthe occurrence.
ェs哩壁: Pricing is fim for 30 days. Quafty Air retains title to equipment until paid.
Quality Air
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Quality Air
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6138 E 136th street- Sand Lake, Mi 49343
Quote 19COO24-04-02 Addendum #1
PIatinum Contracting Group DATE: 1/30/202
LCWaIker Bathroom Phase =
470 W. Westem Ave
Muskegon, M1 49440
P「iceto include
● Engineered drawings
● 14 ( 9 standard, 5 battery) additiona川ghts in bathrooms incIuding battery
backup
● Firealarmdrawings
● insta=ation offirealarm system
● Lighting controIs and switching
● Firealam permitand inspections
● Newcircuitand switchingof3rdexhaustfan
● Newcircuitfor3 Hydronic Unit Heate「s
Price excludes
●
却l号封-7
Thank you for the opportunityto work with you.
Tim Newton
President
WILL NEED 48 HOURS NOTICE BEFORE INSTALLATION.
PRICES GOOD FOR 90 DAYS
丁IM NEWTON OF円C巨 BRENT ANDERSO
PRESIDENT 之31.72o.与319 PRO忙CT MANAG
616.799.41与9 之31.与与7.81
TNEWTON@NEWTELECTRIC.COM BANDERSON NEWTELECTRiC.CO
Matthew Anisko
各rom: Brian Bush
Sent: Tuesday, 」anuary 21, 2020 12:09 PM
丁o: Frank Peterson
C`: Matthew Anisko
Su助ect; LC WaIker Locker Room Exterior Glass
Atta⊂h ments: Lakeshore Glass Proposal - LC Walke「 Iockerooms.pdf
Frank,
See attached price to suppIy and insta= a new aluminum storefront system atthe 4 Iocations we discussed a fe weeks
backforthe exteriorgIass in the Iocker rooms. There is aiso a costfor Demo of$3,500.
DemoS3,与00
Supply and instail new gIass and storefront system ;20,225.
TotaIPrice
S23,72与
Piease let us know ifyou wantto proceed with this 「oute.
Brian Bush
Partner
Di「ector of FieId Operatjons
(C): 616.879.938之
3265 WaIker Ave NW Grand Rapids, M1 49544
WWW.PiatinumGroup3.com
PIease send hard copy ma旧o: P.O. Box 273 Comstock Park, M1 49321
狸Z詔物幽 GROUP LLC
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 11, 2020 Title: Arena Wall Padding
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Staff is seeking authorization to purchase 72 dasher board pads at a cost of
$29,284.00 from Sportsfield Specialties, and eight storage carts at a cost of $2,497.14 from Uline.
The total cost of the combined purchase, including shipping is $31,781.14.
Detailed Summary: 2020 will mark the 5th season that Mercy Health Arena has hosted
professional indoor football. When the team was initially created, the city acquired used turf and
used dasher board padding as we worked to determine if indoor football would be sustainable in
Muskegon. A new field turf was purchased three years ago. Staff is now requesting permission to
purchase new dasher board padding. The new padding will better-meet safety standards, and will
also use significantly less storage space at the arena. Storage capacity continues to be an issue
since the arena lost its storage garage during a storm four years ago. As part of the negotiation
process of the Mercy Health naming rights agreement, staff committed to ensuring that all of the
arena’s teams benefitted from the investment. The West Michigan Ironmen identified this as their
top need. This investment represents approximately 1.98% of the $1.6 Million sponsorship. The
ownership group accepts this as the only direct investment from those funds into the team’s needs.
The city will own the equipment and make it available to the team at no cost.
Amount Requested: $31,781.14 Amount Budgeted: $0
Fund(s) or Account(s): Public Improvement Fund(s) or Account(s): N/A
Recommended Motion: Authorize the purchase at an amount not to exceed $37,781.14.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
▌SALES QUOTATION
Document Number Document Date Page
36000 01/13/20 1/2
Customer No.
C01208
Customer Reference No.
Western Michigan Ironman: Arena Football Pads
Sales Contact
Greg Van Pelt
Direct: N/A
Cell: 330-814-4567
gvanpelt@sportsfield.com
Bill-to Address: Ship-to Address:
Estimator Estimator
USA USA
Item Quantity UoM Price Total
DBPCF542 66 Each 372.000 24,552.00
Dasher Board Pad - Size: 96''W x 42''H x 6'' Top Return, 5'' High Impact Foam
Combination: 3.75'' Polyurethane + 1.25'' Cross-Linked Polyethylene (XPE), 19 oz.
Heavy Coated Vinyl Encasement, 4'' Loop Flap with 4'' Hook Self-Adhesive,
L-Shaped Design Specifically for Dasher Boards
Remarks: Dasher Pads per Request:
(66) Standard Dasher Pads
DBP-CUSTOM 6 Each 372.000 2,232.00
Custom Dasher Board Pad
Remarks: Dasher Pads per Request:
(6) Odd Sized Dasher Pads
Same ID Dimensions as a DBPCF542 - 5" Thick - Just Lengths are Different
(4) 29"w
(2) 60"w
· $25 charge PER CUT-OUT if needed for electrical outlets, light switches, etc.
· Graphics are additional if requested by customer.
· Assumes pads and other materials can be stored within facility before/during installation.
· Assumes padding support structure (i.e. concrete wall, steel framing, block wall, etc.) is provided by others.
· Proposals are typically based on available drawings, rough measurements, etc. Priomats Athletics reserves the right for
additional charges should discrepancies be discovered during the field verification process.
· In the event that construction delays and/or schedule constraints necessitate the use of other trades shop drawings for pad
creation (in lieu of a site visit), Promats cannot be held liable for any resulting discrepencies. If new pads must be created,
additional charges may apply.
Please be aware that due to our limited storage capacity, we do not have much flexibility to extend ship dates for certain
products. Please let us know immediately if you need to adjust your shipment date.
Payment Term Prepaid Quotation Subtotal: $ 26,784.00
Freight: $2,500.00
Freight Shipping Type: Bestway
Tax: $0.00
Description Amount
Total Amount: $ 29,284.00
Freight(D2) 2,500.00
Printed By: jcadle Remit To: Billing Questions:
PO Box 231 Phone: 607-746-8911
Printed On: Delhi, NY 13753 Email: Billing@SportsfieldSpecialties.com
1/15/202012:31:10PM
▌SALES QUOTATION
Document Number Document Date Page
36000 01/13/20 2/2
Quotation Valid Until: 03/13/20
Quote Created By: Jacob Cadle
1. Customer is responsible for material take-off, quantities and specification compliance and/or equivalency of quoted products.
2. All prices listed are in US Dollars
3. Delivery is 2-8 Weeks after receipt of purchase order, credit approval, and acceptance of color, material(s) and design.
4. All freight is FOB Origin. Freight rates are estimates provided at the time of quotation and the actual freight charges may be
adjusted and will be invoiced at the time of product shipment. The actual freight rates may differ from the estimates as a result of
variable factors, such as the change in product quantity and/or material order, state of the national economy, fuel costs, capacity and/or rate
levels at the time of shipment. Split orders will require additional freight charges. Freight quoted does not include additional equipment to
unload or unloading services, assembly or installation.
5. Applicable State and Local Sales Tax will be added to the final invoice unless a tax exempt or Resale Certificate is provided prior to order
shipment.
6. Wire transfers, prepayment by check and established credit terms are accepted payment methods. Accepted credit cards are VISA, Mastercard
and American Express.
7. Pricing assumes any electrical connections and wiring are supplied by others unless otherwise indicated.
8. Customer is responsible for approval and associated cost of any applicable local and state codes.
9. Due to the ongoing increase of steel and aluminum raw material pricing caused by increased demand, coupled with market instability and
uncertainty due to the implementation of international trade tariffs, Sportsfield Specialties, Inc. will no longer be able to guarantee current
product pricing after this quotation has expired in sixty (60) days. To avoid a potential product price increase, customers will need to provide
Sportsfield Specialties, Inc. with a fully executed purchase order or letter of intent before this quotation expires to guarantee this product
pricing. Sportsfield Specialties, Inc. reserves the right to requote product pricing as necessary based on current steel and aluminum raw
material pricing once this quotation has expired in sixty (60) days.
Printed By: jcadle Remit To: Billing Questions:
PO Box 231 Phone: 607-746-8911
Printed On: Delhi, NY 13753 Email: Billing@SportsfieldSpecialties.com
1/15/202012:31:10PM
1-800-295-5510 PRICING
uline.com
customer.service@uline.com
REQUEST
REQUEST # WB118764790-1
Thank you for your interest in Uline!
PROVIDED TO: WEST MICHIGAN IRONMEN SHIP TO: WEST MICHIGAN IRONMEN
5906 COMMERCE CENTRE CT 5906 COMMERCE CENTRE CT
MUSKEGON MI 49444 MUSKEGON MI 49444
CUSTOMER NUMBER SHIP VIA REQUEST DATE
MOTOR FREIGHT - HOLLAND 01/29/20
QUANTITY U/M ITEM NUMBER DESCRIPTION UNIT PRICE EXT. PRICE
8 EA H-4973 HANDLE FOR METAL PLATFORM TRUCKS - 30" 35.00 280.00
8 EA H-2667 METAL PLATFORM TRUCK - 30 X 60" 237.00 1,896.00
SUB-TOTAL SALES TAX SHIPPING/HANDLING TOTAL 1
2,176.00 141.35 179.79 2,497.14
NOTE:
Page 1 of 1
Estimate
Date 12/20/2019
Kodiak Sports, LLC Estimate # 42893
5700 Granite Parkway, Ste. 200
Plano TX 75024 Expires 1/19/2020
877-401-2298 - Phone, 877-201-6677 - Fax Exp. Close 12/20/2019
http://www.kodiaksports.com
GSA Contract #: GS-03F-0101X Tax ID: 84-1598252 Project
Customer Phone No (231) 780-7569
Shipping Method Freight/Common Carrier
Customer Name Michigan Ironmen Foot...
Bill To Ship To
Scott Niswonger Scott Niswonger
Michigan Ironmen Football Michigan Ironmen Football
Muskegon MI 49440 Muskegon MI 49440
Quantity Item Item Notes/Comments Options Rate Tax Amount
1 Custom Vinyl Dasher Board Padding for Arena 40,000.00 40,000.00
Thickness: 4“
Color: Black
Arena Size: 85‘ x 200’ x 42”H x 6“return
(requires final measurements of customer
Attachment Method: Grommets top and
bottom, customer to use bungee/twine or
other to attach per their preference
Payment due via wire transfer upon order placement.
Subtotal 40,000.00
Lead time: 6-8 weeks Shipping Cost (Freight/Common Carrier) 1,780.22
Total $41,780.22
42893
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 11, 2019 Title: MDEGLE Grant Agreement
Submitted By: Frank Peterson Department: City Manager
Brief Summary: The City was previously awarded a grant from MDEGLE to address PFAS
contamination at the convention center construction site. The original $500,000 grant is being
increased to $700,000 to address additional environmental cleanup associated with a recently
uncovered abandoned-oil well.
Detailed Summary: In addition to the $700,000 in grant proceeds, MDEGLE will also directly incur
the costs associated with filling and capping the oil well. The construction project should have
little-to-no out-of-pocket costs associated with these environmental issues.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize the City Manager to sign the grant agreement and incur the
costs associated with the environmental cleanup as part of the convention center construction
project.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
S TATE OF M ICHIGAN
DEPARTMENT OF
ENVIRONMENT, GREAT LAKES, AND ENERGY
L ANSING
GRETCHEN WHITMER LIESL EICHLER CLARK
GOVERNOR DIRECTOR
January 31, 2020
Mr. Frank Peterson
City Manager
City of Muskegon
933 Terrace Street
Muskegon, Michigan 49440
Dear Mr. Peterson:
SUBJECT: Brownfield Redevelopment Grant Amendment #1
Muskegon Convention Center
Tracking Code: 2020-2422
The Department of Environment, Great Lakes, and Energy (EGLE) received your request for a budget
modification and change in the project scope of the Brownfield Redevelopment Grant for the Muskegon
Convention Center project. We support a budget modification and change of scope to the City in order to
complete the work.
Please note that the end date of your current agreement is, November 5, 2021. The amendment to modify
the agreement must be signed by both your agency and EGLE to go into effect. Attached is the agreement
amendment that reflects the revised budget and project work scope. Please sign and return the
amendment as soon as possible.
Please return via email:
1. Print and sign the attached document
2. Scan the signed version
3. Email the scanned file to both myself and EGLE-Brownfields@Michigan.gov
After the amendment has been signed by EGLE, a signed original will be returned to you for your records.
Thank you for keeping us informed of the project status. If you have any questions please contact me.
Sincerely,
Andrea Ryswick, Brownfield Redevelopment Coordinator
Brownfield Assessment and Redevelopment Section
Remediation and Redevelopment Division
616-401-0827
RyswickA@Michigan.gov
Enclosures
cc: Ms. Carrie Geyer, EGLE
Mr. Ryan Londrigan, EGLE
Ms. Dawn Austin, EGLE
Mr. Mark Kussro, EGLE
File #2020-2422
CONSTITUTION HALL • 525 WEST ALLEGAN STREET • P.O. BOX 30473 • LANSING, MICHIGAN 48909-7973
Michigan.gov/EGLE • 800-662-9278
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 11, 2020 Title: Amendment to Wireless
Communication Support Facilities ordinance
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to amend Section 2321 of the Zoning Ordinance to allow Wireless
Communication Support Facilities as a special use permitted in the overlay district at 770 Terrace
St. – SECOND READING
Detailed Summary:
The current ordinance only allows for these types of facilities in six locations around the City. The
Commission recently amended the ordinance last year to allow for them at Marsh Field and the
Filtration Plant. This new location would be behind the Central Fire Station and would only include
a monopole for emergency communications. The Planning Commission unanimously
recommended approval at their January 16 meeting. They also voted in favor of the special use
permit for the monopole, contingent upon approval of this amendment by the City Commission.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the amendment to Section 2321 of the Zoning Ordinance.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 2321 of the Zoning Ordinance to the Form Based Code Section of the Zoning
Ordinance to allow Wireless Communication Support Facilities as a special use permitted in the overlay district
at 770 Terrace St
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
NEW LANGUAGE (additions in bold)
Overlay District Established for Wireless Communication Support Facilities [amended 6/06]
Intent: An overly zone is hereby created for the siting of wireless communication facilities (WCF) and wireless
communication antenna (WCA). The zone is identified as:
1. The Pulaski Lodge, 871 Pulaski Avenue described as:
W 589 ft of E 757 ft of N 10 acres of SE ¼ of SE ¼ exc N 25 ft thereof Sec 37 T10N R17W.
2. City of Muskegon That Part of NE 1/4 of SE 1/4 Sec 33 T10N R16W Lying S of Consumers Power
Co 100 Ft R/W W Of US 31 State Hwy E Of Relocated C & O R R R/W & N Of Little Black Creek
3. City property near the terminus of Yuba Street, described as:
Lot 1 Blk 1 & that part of Lot 3 Blk 1 & N ½ of SE ½ Sec 17 T10N R16W lying Sly & Ely of
Muskegon River & Nly of US 31 business rte and Lots 1, 2 & 3 Blk 121.
4. A portion of the Muskegon Community College campus, 221 S. Quarterline Road, described as:
Commencing at the S ¼ corner of Section 15, T10N, R16W, City of Muskegon, Muskegon County,
Michigan, thence N 01°04’25” E 815.71 feet along the N-S ¼ line of said Section 15 and the centerline
of Quarterline Road (66 feet wide); thence N 88°56’41” W 1035.89 feet to the Point of Beginning;
thence continuing N 88°56’41” W 60.00 feet; thence N 01°03’19” E 60.00 feet; thence S 88°56’41” E
60.00 feet; thence S 01°03’19” W 60.00 feet along the West face of an existing building to the point of
beginning being a part of the SW ¼ of Section 15, T10N, R16W, City of Muskegon, Muskegon County,
Michigan, and containing 0.083 acres or 3600 sq. ft. of land, more or less, subject to easements and
restrictions of record, if any. [amended 11/00]
5. Marsh Field
6. Water Filtration Plant
7. Muskegon Central Fire Station
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 28th day of January 2020, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2020. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on January 28, 2020, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 2321 of the Zoning Ordinance to the Form Based Code Section of the Zoning
Ordinance to allow Wireless Communication Support Facilities as a special use permitted in the overlay
district at 770 Terrace St.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2020. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
941 Dillon Way
Suite B
Lebanon, OH 45036
Office: 513-228-2992
Mobile 513-886-8858
Fax 513-228-1596
December 17, 2019
kglardon@pyramidnetworkservices.com
City of Muskegon
Planning and Zoning
933 Terrace St
Muskegon, MI 49440
Re: Zoning Request – Muskegon County Emergency Communications Upgrade
Muskegon Central Dispatch
770 Terrace Ave Parcel ID 51-24-205-355-0009-00
Director of Planning and Development
Pyramid Network Services in conjunction with Motorola Solutions has been tasked by Muskegon County
Emergency Services to enhance the existing First Responders RF Communications System. This involves
several project sites in and around Muskegon County installing new communication towers to all for greater RF
penetration.
A project site in Muskegon has been vetted as an excellent location to install a 195’ Monopole. The parcel is
identified as the Muskegon Fire Station.
Project Scope
Approval of the proposed site will allow enhanced penetration of RF signal in the central portion of Muskegon
County. This will enable First Responders to have clear communication inside buildings made of dense
construction materials. This proposed project location with interact with 3 additional new communication sites
throughout the county of Muskegon providing county wide communication.
When all sites are operable and optimized they will be included in the Michigan Public Safety Communication
System (MPSCS). As a part of the MPSCS network, the county of Muskegon will be connected to the state
communication system allowing statewide communication from First Responders.
The location of this specific tower was determined based on an RF propagation map showing the weaker
locations for RF penetration within the western section of the county. Based on the data a general location for a
tower and the height requirement is established. The best location is then vetted. In the instance where the
county of other public interest is the owner, efforts are made to determine if any existing property currently
owned is available for construction of a communications tower. While every attempt is made to look at
collocation on existing towers, generally the cost of the lease and the absence of security on the tower drive the
owner into construction of a new tower. In this instance there were no other towers within the required search
ring that provided any collocation capabilities.
Post construction, the tower will become a part of the state wide MPSCS system. The MPSCS will be
responsible for care and maintenance.
1
941 Dillon Way
Suite B
Lebanon, OH 45036
Office: 513-228-2992
Mobile 513-886-8858
Fax 513-228-1596
December 17, 2019 kglardon@pyramidnetworkservices.com
Muskegon County Emergency Communications Upgrade
Muskegon Central Dispatch
770 Terrace Ave Parcel ID 51-24-205-355-0009-00
Parcel Scope
The proposed parcel is owned by the City of Muskegon Central Dispatch. The site is an active EMS Dispatch
Facility. The parcel is zoned is R1 Single Family.
The parcel is ~405’ wide by ~226’ deep. The tower would be constructed ~56’ from the North Boundary, ~75’
from the West Boundary, ~175’ from the South Boundary and ~156’ from the East Boundary.
To the West Boundary there are commercial residential structures at ~222’.
To the South Boundary there is 1 residential structure at ~52’.
To the North Boundary the Fire Station has no structures within 500’
To the East Boundary the Fire Station has no structures within 500’
The proposed tower is a 195’ Monopole. The tower will not be lighted as per FAA Guidelines. A 10’ x 10’ fence
will be installed around the Monopole for security.
The County of Muskegon is eager to get this project underway with ground disturbance beginning in early spring.
This will allow for all project sites to be completed in time for testing in the fall prior to the trees de-leafing.
Costs
The cost of the tower, shelter and labor to install is projected to be around $145,104.31
Fees
Based on the web site fee schedule, a check for $500.00 will be forward under separate cover for Site Plan
Review. Please advise if additional funds are required.
We would like to be included on your earliest Planning Schedule if possible. If you have any questions regarding
the application or the project please contact me at 513-228-2992.
Thank you in advance for your cooperation.
Sincerely
Kevin Glardon PMP-MPM
Senior Project Manager-A&E
Central Region
941 Dillon Way, Suite B Lebanon, OH 45036
(O) 513-228-2992
(F) 513-228-1596
(M) 513-886-8858
Corporate Office
6615 Towpath Rd, E Syracuse, NY 13057
2
941 Dillon Way
Suite B
Lebanon, OH 45036
Office: 513-228-2992
Mobile 513-886-8858
Fax 513-228-1596
December 17, 2019 kglardon@pyramidnetworkservices.com
Muskegon County Emergency Communications Upgrade
Muskegon Central Dispatch
770 Terrace Ave Parcel ID 51-24-205-355-0009-00
Enc: Site Plan Review Application
Special Use Application
Stamped/Sealed Drawings to scale
Tower Drawing
Site Overview Aerial
CC: Ron Mirka – Motorola Solutions
Rod Prodonovich – Director- Pyramid Network Services
Don Cottrell- Project Manager Sr., Civil - Pyramid Network Services
Everett Ozbat – Project Manager -- Pyramid Network Services
File: Michigan/Muskegon/Central Dispatch/A&E/Zoning
3
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 11, 2020 Title: Rezoning of 372 Morris Ave
Submitted By: Mike Franzak Department: Planning
Brief Summary: Staff initiated request to rezone the property at 372 Morris Ave from Form Based Code,
Downtown to Form Based Code, Mainstreet. SECOND READING
Detailed Summary:
The Planning Commission unanimously recommended approval at their January 16 meeting.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the rezoning request for 372 Morris Avenue.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action
Planning Commission Excerpt
SUMMARY
1. The property measures nearly eight acres and is zoned Form Based Code, Downtown. This zoning designation
only allows for mixed-use buildings.
2. The property owner has plans to develop this lot, but they would like to offer a different variety of buildings
within the development. Preliminary plans include a hotel, parking garage with retail frontage, entertainment
center, dining, event space and townhomes. The mainstreet context area would allow for all of these building
types.
3. Please see the enclosed preliminary site plan.
4. Please see the enclosed zoning ordinance excerpt on Mainsteet Context Areas.
5. After the successful rezoning, the applicant plans to apply to the Planning Commission for a “Specific
Development Plan” as allowed in Section 2002.01D of the Form Based Code.
Zoning Map
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for 372
Morris Ave from Form Based Code, Downtown to Form Based Code, Mainstreet
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for 372 Morris
Ave from Form Based Code, Downtown to Form Based Code, Mainstreet.
CITY OF MUSKEGON REVISED PLAT OF 1903 THAT PART OF BLK 563 AS RECORDED IN LIBER
3 OF PLATS P 71 DESC AS FOL COM AT S MOST COR OF SAID BLK BEING NELY COR OF
MORRIS AVE AND 3RD ST TH N 50D 52M 38S E ALG SELY LN SD BLK 563 ALSO BEING NWLY
LN OF MORRIS AVE A DISTANCE OF 150 FT FOR POB TH N 39D 07M 22S W 219.50 FT TH S 50D
52M 38S W 39.70 FT TO SELY LN LOT 8 BLK 563 TH S 32D 41M 25S W ALG SD SELY LN 123.84
FT TO NELY LN 3RD ST SD POINT BEING N 41D 27M 00S W 181.00 FT FROM S MOST COR SD
BLK TH N 41D 27M 00S W ALG SD NELY LN 202.70 FT TO SELY LN SHORELINE DR (FORMERLY
TERRACE ST EXTENSION) TH N 27D 38M 19S E ALG SD SELY LN 758.92 FT TO A POINT WHICH
IS 36 FT MEASURED AT RT ANG SWLY OF SWLY LN BLK 562 OF SD REV PLAT (EXTENDED)
ALSO BEING SWLY LN FIRST ST TH S 61D 44M 00S E PAR TO SD SWLY LN OF SD BLK 562 (SD
LN ALSO BEING 66 FT SWLY MEASURED AT RT ANG TO S MOST LN TERRACE PLAZA CONDO
AS RECORDED IN L 1124 P 179 TO 222 INCL MUSKEGON COUNTY RECORDS WITH A
RECORDED BEARING OF N 62D 30M W) A DISTANCE OF 474.43 FT TO A POINT ON NELY LN
LOT 1 SD BLK 563 TH S 39D 01M 00S E ALG SD NELY LN 18.26 FT TO A POINT WHICH IS 70 FT
NWLY OF SE COR SD LOT 1 TH S 50D 52M 38S
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
1
CERTIFICATE (Rezoning 372 Morris Ave from FBC, Downtown to FBC, Mainstreet)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 11th day of February 2020, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City of
Muskegon. I further certify that the meeting was conducted and public notice was given pursuant
to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33
of 2006, and that minutes were kept and will be or have been made available as required thereby.
DATED: ___________________, 2020 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
2
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on February 11, 2020, the City Commission of the City of Muskegon
adopted an ordinance amending the zoning map to provide for the change of zoning for 372 Morris
Ave from FBC, Downtown to FBC, Mainstreet:
CITY OF MUSKEGON REVISED PLAT OF 1903 THAT PART OF BLK 563 AS RECORDED IN LIBER
3 OF PLATS P 71 DESC AS FOL COM AT S MOST COR OF SAID BLK BEING NELY COR OF
MORRIS AVE AND 3RD ST TH N 50D 52M 38S E ALG SELY LN SD BLK 563 ALSO BEING NWLY
LN OF MORRIS AVE A DISTANCE OF 150 FT FOR POB TH N 39D 07M 22S W 219.50 FT TH S 50D
52M 38S W 39.70 FT TO SELY LN LOT 8 BLK 563 TH S 32D 41M 25S W ALG SD SELY LN 123.84
FT TO NELY LN 3RD ST SD POINT BEING N 41D 27M 00S W 181.00 FT FROM S MOST COR SD
BLK TH N 41D 27M 00S W ALG SD NELY LN 202.70 FT TO SELY LN SHORELINE DR (FORMERLY
TERRACE ST EXTENSION) TH N 27D 38M 19S E ALG SD SELY LN 758.92 FT TO A POINT WHICH
IS 36 FT MEASURED AT RT ANG SWLY OF SWLY LN BLK 562 OF SD REV PLAT (EXTENDED)
ALSO BEING SWLY LN FIRST ST TH S 61D 44M 00S E PAR TO SD SWLY LN OF SD BLK 562 (SD
LN ALSO BEING 66 FT SWLY MEASURED AT RT ANG TO S MOST LN TERRACE PLAZA CONDO
AS RECORDED IN L 1124 P 179 TO 222 INCL MUSKEGON COUNTY RECORDS WITH A
RECORDED BEARING OF N 62D 30M W) A DISTANCE OF 474.43 FT TO A POINT ON NELY LN
LOT 1 SD BLK 563 TH S 39D 01M 00S E ALG SD NELY LN 18.26 FT TO A POINT WHICH IS 70 FT
NWLY OF SE COR SD LOT 1 TH S 50D 52M 38S
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2020 CITY OF MUSKEGON
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
3
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 11, 2020 Title: 4th of July Fireworks
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: Melrose Pyrotechnics is requesting approval of a fireworks display permit for
July 4, 2020 in downtown Muskegon. The fire marshall will inspect the fireworks on the day of the
event. Staff will be working with the Lakeshore Chamber of Commerce to solicit sponsorships as
well as to organize a food truck rally. We expect this to be cost neutral to the city.
Detailed Summary:
Amount Requested: $35,000 Amount Budgeted: none
Fund(s) or Account(s): TBD Fund(s) or Account(s):
Recommended Motion: To approve the fireworks contingent upon inspection and approval of
insurance.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 11, 2020 Title: Arena Related Agreements
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Staff is seeking simultanious approval of the attached First Amendment to the
Naming Rights and Sponsorship Agreement between The City of Muskegon, Mercy Health
Partners, and WC Hockey, and Third Amendment to the Shared Use Agreement between the City
of Muskegon and WC Hockey.
Detailed Summary: WC Hockey and Mercy Health Partners have agreed to modify the Naming
Rights and Sponsorship Agreement to allow for more opportunities for healthcare-related
sponsorships within the area and with the various tenants of the facility. As part of these execution
of the original Naming Rights and Sponsorship Agreement, a number of changes to the Shared
Use Agreement became necessary. The amendment will accomplish the following:
1. Formally update Exhibit A
2. Finalize the capital investments of WC Hockey and set the repayment schedule.
3. Update the City’s marketing participation with WC Hockey to account for required
gameday-related deliverables owed to Mercy Health as part of the Naming Rights and
Sponsorship Agreement.
4. Allow for the accommodation of WZZM at the area.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Approve the agreements and authorize the Mayor and Staff to execute the
agreements.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
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