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CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 26, 2020 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
REMOTE MEETING
AGENDA
□ CALL TO ORDER:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Polling Place Change City Clerk
C. 2020-2021 MML Membership Dues City Clerk
D. LGBTQIA Pride Month Resolution City Clerk
E. Parking Enforcement Ordinance – 2nd Reading Public Safety
F. Ordinance Amendment – Marina and Launch Ramp Parking Public
Safety
G. Setting Harbor West LLC Brownfield Public Hearing Economic
Development
□ PUBLIC HEARINGS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Lease – 292 W. Western City Manager
B. Expanded Use of Public Property During COVID-19 Emergency City
Clerk
C. Purchase Agreement – 1188 4th Street City Manager
□ ANY OTHER BUSINESS:
Page 1 of 2
□ PUBLIC COMMENT:
► 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
WATCH MUSKEGON
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 26, 2020 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the May 11, 2020 Worksession and May 12, 2020
Regular City Commission 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 WORKSESSION
Monday, May 11, 2020
5:30 p.m.
REMOTE MEETING VIA ZOOM
MINUTES
2020-26
Present: Mayor Stephen Gawron, Vice Mayor Hood, and Commissioners Emory,
Johnson, Rinsema-Sybenga, German, and Ramsey.
Tax Incentive Policy and Guidelines
The Tax Incentive Committee has created a policy document for Commission approval
that reflects the findings and recommendations int eh previously reviewed committee
report.
In an effort to standardize and control the rate and term of tax abatements granted in
the City of Muskegon, the Tax Incentive Committee (comprised of staff from Economic
Development, Planning, and Finance) has created a policy to guide our
recommendations to the City Commission when tax abatements are requested. This
system incentivizes companies that reflect community goals and values, while keeping
Muskegon competitive in the region for attraction and expansion of business base.
This item will be considered by the City Commission at the May 12, 2020 meeting.
Parking Enforcement Ordinance
Staff is seeking approval to amend the current parking ordinances 92-71 and 92-73;
Chapter 92, Article V of the Code of Ordinances of the City of Muskegon to include
parking restrictions and enforcements for public beach parking.
In addition, abandoned vehicle language (L05) was added to restrict vehicles parked
longer than 48 hours on city streets.
This item will be considered by the City Commission at the May 12, 2020 meeting.
Temporary Modification to MERS Benefit Provisions
The City Finance department is requesting a Temporary Modification to the MERS
Benefit Provisions for the Defined Benefit employees This provision would temporarily
lower the number of hours an employee would have to work during the month to earn
service credit to accommodate those employees taking part in the Work Share furlough.
Currently employees need to work 150 hours per month to receive service credit for
their defined benefit pension. This modification would allow an employee to work 126
hours and still receive service credit for the month. Additionally, this would allow for
hazard pay and essential duty pay to be pensionable. The temporary provision would be
in effect from March 1, 2020 to December 31, 2020.
This item will be considered by the City Commission at the May 12, 2020 meeting.
4th of July Fireworks
There was discussion regarding the feasibility of having a city sponsored fireworks
display, what that might look like, and whether or not the city should move forward with
an event.
The Work Session meeting adjourned at 7:03 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 12, 2020 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
REMOTE MEETING
MINUTES
The Regular Commission Meeting of the City of Muskegon was held
electronically with the Mayor, Vice Mayor and Commissioners participating via
Zoom – a remote conferencing service, Clerk staff present at 933 Terrace Street,
Muskegon, MI at 5:30 p.m., Tuesday, May 12, 2020.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood, 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.
2020-27 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the April 28, 2020 Regular
City Commission meeting.
STAFF RECOMMENDATION: To approve the minutes.
C. Health and Dental Care Renewal Finance
SUMMARY OF REQUEST: To approve the renewal of Priority Health as the City’s
fully insured health care provider and the Third Party Administrator for City’s self-
funded health care plan. And to renew Delta Dental as the City’s dental
insurance provider.
The City’s health care coverage renews effective June 1, 2020 for the period
June 1, 2020 to May 31, 2021. This year’s Priority Health renewal premium came
in with no increase over last year. Last year our increase was 0.03% and the year
before it was 7.64%. The employees copay will remain at 14%. Our employer
contribution will remain below the “hard cap limits” set by PA 152.
For 2020-21 the City will continue to pay the HRA deductible if the employee
Page 1 of 5
and spouse complete the wellness requirements by March 31st. Non-participants
in the wellness program will be required to pay the $1,000 for single coverage or
$2,000 per double or family coverage of the deductible.
Our Delta Dental rates will remain the same of FY 2020-21 and FY 2021-22. The
annual fee is $206,292.
The hard cap limits calculation and the outline of our renewal rates is attached.
AMOUNT REQUEST: $2,681,625 AMOUNT BUDGETED: $2,681,625
STAFF RECOMMENDATION: To approve the renewal of Priority Health as the
City’s fully insured health care provider and Third Party Administrator for the self-
funded health care for 2020-21.
D. ACT 51 Map Changes – Amendment Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to approve an
amended letter for the addition of streets on the MDOT ACT 51 Map.
Staff received feedback from the State of Michigan in regards to the MDOT ACT
51 resolutions that we sent them in April 2020. They have requested that we add
the centerline description to the two (2) streets that we are adding to the map.
Attached is a new letter listing the centerline description of Terrace Marina Drive
and Murphy Street, as well as a map/image showing the road that is being
added to the ACT 51 map.
Staff is asking for approval of the added verbiage and will need a signed Street
Add Certification form to submit to MDOT in order to complete changes.
STAFF RECOMMENDATION: Approve centerline descriptions and sign Street
Add Certification to submit to MDOT, so changes can be completed.
E. Tax Incentive Policy and Guidelines Economic Development
SUMMARY OF REQUEST: The Tax Incentive Committee has created a policy
document for Commission approval that reflects the findings and
recommendations in the previously reviewed committee report.
In an effort to standardize and control the rate and term of tax abatements
granted in the City of Muskegon, the Tax Incentive Committee (comprised of
staff from Economic Development, Planning, and Finance) has created the
attached policy to guide our recommendations to the City Commission when
tax abatements are requested. This system incentive companies that reflect
community goals and values, while keeping Muskegon competitive in the region
for attraction and expansion of business base.
STAFF RECOMMENDATION: To approve the Tax Incentive Policy and
Guidelines as presented.
Page 2 of 5
G. Temporary Modification to MERS Benefit Provisions Finance
SUMMARY OF REQUEST: The City Finance department is requesting a Temporary
Modification to the MERS Benefit Provisions for the Defined Benefit employees.
This provision would temporarily lower the number of hours an employee would
have to work during the month to earn service credit to accommodate those
employees taking part in the Work Share furloughs.
Currently employees need to work 150 hours per month to receive service credit
for their defined benefit pension. This modification would allow an employee to
work 126 hours and still receive service credit for the month. Additionally, this
would allow for hazard pay and essential duty pay to be pensionable. The
temporary provision would be in effect from March 1, 2020 to December 31,
2020.
STAFF RECOMMENDATION: To approve the Temporary Modifications to
Benefit Provision as presented.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Ramsey,
to approve the consent agenda as presented, except item B and F.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
and Johnson
Nays: None
MOTION PASSES
2020-28 ITEMS REMOVED FROM CONSENT AGENDA:
B. 2020 Annual Action Plan Budget Community & Neighborhood
Services
SUMMARY OF REQUEST: Please review and approve the 2020 Annual Action
Plan Budget for CDBG/HOME HUD allocations.
2020 Budget Spreadsheet for CDBG/HOME Allocations is provided for review.
Approval of CNS 2020 Budget CDBG/HOME funding and publication for Release
of Funds and Environmental Review process.
AMOUNT REQUESTED: N/A AMOUNT BUDGETED: CDBG: $994,836
HOME: $343,421
FUND OR ACCOUNT: HUD 2020 Allocation
STAFF RECOMMENDATION: To approve the 2020 Budget for CDBG/HOME
Allocation for CNS and direct staff to publish for Release of Funds and
Environmental Review.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the 2020 Budget for CDBG/HOME Allocation for CNS and direct staff
to publish for Release of Funds and Environmental Review.
Page 3 of 5
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
and Gawron
Nays: None
MOTION PASSES
F. Parking Enforcement Ordinance Public Safety
SUMMARY OF REQUEST: Amending current parking ordinances 92-71 and 92-73;
Chapter 92, Article V of the Code of Ordinances of the City of Muskegon to
include parking restrictions and enforcements for public beach parking.
In addition, abandoned vehicle language (L05) was added to restrict vehicles
parked longer than 48 hours on city streets.
STAFF RECOMMENDATION: To approve the amendments to Parking
Ordinances 92-72 and 92-73.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve amendments to Parking Ordinance 92-71 and 92-73.
ROLL VOTE: Ayes: Ramsey, Rinsema-Sybenga, Emory, Johnson, Gawron, and
Hood
Nays: German
MOTION PASSES
SECOND READING REQUIRED
2020-29 PUBLIC HEARINGS:
A. Public Hearing for 2020 Annual Action Plan Community and
Neighborhood Services
SUMMARY OF REQUEST: Hearing for the City of Muskegon’s 2020 Annual Action
Plan. To accept comments about the 2020 Annual Action Plan.
STAFF RECOMMENDATION: To allow for public comments regarding the City
of Muskegon’s 2020 Annual Action Plan.
PUBLIC HEARING COMMENCED: No public comments were received.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Ramsey,
to close the public hearing.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
and Ramsey
Nays: None
MOTION PASSES
Commissioner Johnson asked if we could offer more options on how public
comments can be submitted.
Page 4 of 5
PUBLIC COMMENT: Public Comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 6:16 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 5 of 5
WATCH MUSKEGON
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 26, 2020 Title: Polling Place Change
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: Staff is requesting City Commission approval to move the polling location for
Precinct 10 from the Lakeshore Fitness Center, 900 W. Western, to the Muskegon Farmer’s
Market, 242 W. Western.
Detailed Summary: The Lakeshore Fitness Center has closed and the building is no longer
available to be used as a polling place. All affected voters will be sent a letter to notify them of the
change as well as a new Voter ID Card. Signs will be placed at the Lakeshore Fitness Center to
redirect voters to the new polling place for the next several elections.
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 resolution to change the polling locations for precinct 10
from the Lakeshore Fitness Center to Muskegon Farmer’s Market.
For City Clerk Use Only:
Commission Action:
City of Muskegon
RESOLUTION
WHEREAS; The City Council is responsible for determining the location of
polling places in the jurisdiction; and
WHEREAS; The City Clerk is responsible for conducting elections in the City
of Muskegon; and
WHEREAS; The City Clerk has been notified that there the Lakeshore
Fitness Center at 900 W. Western has closed and is no longer
available to be utilized as a polling place; and
WHEREAS; The City Clerk has researched the availability of buildings that
could serve as polling places; and
WHEREAS; The City Clerk has concluded that Precinct 10 polling place
should be changed to Muskegon Farmers Market at 242 W.
Western; and
NOW THEREFORE BE IT RESOLVED, The polling location for Precinct 10
shall be at Muskegon Farmers Market, 242 W. Western.
Signed the _____ day of May 2020.
__________________________
Stephen J. Gawron, Mayor
WATCH MUSKEGON
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 26, 2020 Title: 2020-2021 MML Membership Dues
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: Approval to pay the 2020-2021 MML dues in the amount of $10,399.00. This is an
increase of $193.
Detailed Summary:
Financial Impact:
MML Dues: $9,454.00
Legal Defense Fund: $945.00
Total: $10,399.00
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 payment of dues to the Michigan Municipal League in the
amount of $10,399.00.
For City Clerk Use Only:
Commission Action:
MICHIGAN MUNICIPAL LEAGUE
MEMBERSHIP RENEWAL INVOICE
2020 - 2021
michigan municipal league
Muskegon
ID: 347
Date: 05/01/2020
Membership Period: 07/01/2020 - 06/30/2021
Current Balance
* MML Dues 9,454.00
** Legal Defense Fund 945.00
$10,399.00
Total Due by July 01, 2020:
$10,399.00
Please sign, date and return one invoice copy with your payment.
Make chec_ks payable to the Michigan Municipal League and mail to the address below. Thank you.
(Signature)
(Date)
* MML dues include annual subscriptions to The Review for your officials at $12.00 per subscription, which is 50%
of the regular subscription rate.
** The Legal Defense Fund is an optional charge. The purpose of the Fund is to provide specialized legal assistance
to member municipalities in cases that have significant statewide impact.
See what the League can do for you by visiting www.mml.org
Michigan Municipal League
P.O. Box 7409
Ann Arbor, Ml 48107-7409
800-653-2483
WATCH MUSKEGON
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 26, 2020 Title: LGBTQIA Pride Month Resolution
Submitted By: Commissioner Ramsey Department: City Clerk
Brief Summary: A resolution declaring June as LGBTQIA Pride Month in the City of Muskegon.
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: Adopt the resolution.
For City Clerk Use Only:
Commission Action:
RESOLUTION No. ______
City Commission of the City of Muskegon Resolution
Recognizing the month of June as LGBTQIA Pride Month in the City of Muskegon
WHEREAS, the City of Muskegon is committed to supporting the visibility, dignity and equity of all people
in our city; and
WHEREAS, the City of Muskegon has a vibrant LGBTQIA community, which both contributes to, and is
sustained by, many welcoming organizations, places of worship, businesses, neighborhoods, schools,
and events; and
WHEREAS, LGBTQIA people have made, and continue to make, considerable contributions to the City
of Muskegon, including in the fields of education, law, community health and well-being, economic
development, sports, government, music, technology, literature, civil rights, visual arts, and politics; and
WHEREAS, while advancements have been made, there remains significant opposition with respect to
the equitable treatment of LGBTQIA in their communities, and is therefore important for cities like
Muskegon to demonstrate support for such residents; and
WHEREAS, June has become a symbolic month around the world for LGBTQIA people and allies to
come together in various celebrations of acceptance, equality, and pride; and
WHEREAS, the LGBTQIA flag is often used as a symbol of diversity, inclusion, and pride for the
LGBTQIA community; and
WHEREAS, flying the rainbow flag at City Hall throughout the month of June would symbolize the City’s
celebration of diversity and respect for our LGBTQIA residents;
NOW THEREFORE, BE IT RESOLVED that the City Commission of the City of Muskegon does hereby
declare the month of June as LGBTQIA Pride month in the City Muskegon, and invites City of Muskegon
residents to reflect on the ways we live and work together with a commitment to mutual respect and
understanding for all people, and further recognizes LGBTQIA Pride Month by flying the LGBTQIA flag at
City Hall during the month of June.
The foregoing Resolution was offered by Commissioner ___________ and supported by Commissioner
_____________, and same was duly passed at a general session of the City of Muskegon City
Commission, with the vote as follows:
Yeas:
Nays:
Absent:
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on
DATE.
By: _____________________ Stephen J. Gawron
Mayor
By: _____________________ Ann Marie Meisch, MMC
Clerk
WATCH MUSKEGON
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 26, 2020 Title: Parking Enforcement Ordinance
2nd Reading
Submitted By: Jeffrey Lewis Department: Public Safety
Brief Summary: Amending current parking ordinances 92-71 & 73; Chapter 92, Article V of the
Code of Ordinances of the City of Muskegon to include parking restrictions and enforcements for
public beach parking.
In addition, abandoned vehicle language (LO5) was added to restrict vehicles parked longer than
48 hours on city streets.
Detailed Summary: See attached amended ordinance.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Approval to amend Parking Ordinance 92-71 & 73
Check if the following Departments need to approve the item first:
Police Dept. X
•
Fire Dept.
•
IT Dept.
•
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. ____
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
1. Chapter 92, Article V of the Code of Ordinances of the City of Muskegon, Michigan,
Section 92-71 are amended to read as follows:
Sec. 92-71. Parking restrictions.
(1) A vehicle shall not be parked, except if necessary to avoid conflict with other traffic
or in compliance with the law or the directions of a police officer or traffic-control
device, excluding parking in a Marina, see section 74, in any of the following places:
(a) On a sidewalk;
(b) In front of a public or private driveway;
(c) Within an intersection;
(d) Within 15 feet of a fire hydrant;
(e) On a crosswalk;
(f) Within 20 feet of a crosswalk, or if there is not a crosswalk then, within 15 feet Formatted: Space After: 10 pt
of the intersection of property lines at an intersection of highways;
(g) Within 30 feet of the approach to a flashing beacon, stop sign, or traffic
control signal located at the side of a highway;
(h) Between a safety zone and the adjacent curb or within 30 feet of a point on the
curb immediately opposite the end of a safety zone, unless a different length is
indicated by an official sign or marking;
(i) Within 50 feet of the nearest rail of a railroad crossing;
(j) Within 20 feet of the driveway entrance to any fire station and on the side of
the street opposite the entrance to any fire station within 75 feet of the entrance if
properly marked by an official sign;
(k) Alongside or opposite any street excavation or obstruction, if the stopping,
standing, or parking would obstruct traffic;
(1) On the roadway side of a vehicle stopped or parked at the edge or curb of a
street;
(m) Upon a bridge or other elevated highway structure or within a highway
tunnel;
(n) At a place where an official sign prohibits stopping or parking;
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92-71; AFTER CITY COMM.DOCX
(o) Within 500 feet of an accident at which a police officer is in attendance, if the
scene of the accident is outside of a city or village;
(p) In front of a theater;
(q) In a place or in a manner that blocks immediate egress from an emergency exit
conspicuously marked as an emergency exit of a building;
(r) In a place or in a manner that blocks or hampers the immediate use of an
immediate egress from a fire escape conspicuously marked as a fire escape
providing an emergency means of egress from a building;
(s) In a parking space clearly identified by an official sign as being reserved for
use by disabled persons that is on public property or private property available for
public use, unless the individual is a disabled person as described in section 19a
of the Michigan Vehicle Code or unless the individual is parking the vehicle for
the benefit of a disabled person. In order for the vehicle to be parked in the
parking space the vehicle shall display one of the following:
(i) A certificate of identification or windshield placard issued under
section 675 of the Michigan Vehicle Code to a disabled person.
(ii) A special registration plate issued under section 803d of the Michigan
Vehicle Code to a disabled person.
(iii) A similar certificate of identification or windshield placard issued by
another state to a disabled person.
(iv) A similar special registration plate issued by another state to a
disabled person.
(v) A special registration plate to which a tab for persons with disabilities
is attached issued under this act.
(t) In a clearly identified access aisle or access lane immediately adjacent to a
space designated for parking by persons with disabilities;
(u) On a street or other area open to the parking of vehicles that results in the
vehicle interfering with the use of a curb-cut or ramp by persons with disabilities;
(v) Within 500 feet of a fire at which fire apparatus is in attendance, if the scene
of the fire is outside a city or village. However, volunteer fire fighters responding
to the fire may park within 500 feet of the fire in a manner not to interfere with
fire apparatus at the scene. A vehicle parked legally previous to the fire is exempt
from this subdivision;
(w) In violation of an official sign restricting the period of time for a manner of
parking;
(x) In a space controlled or regulated by a meter on a public highway or in a
publicly owned parking area or structure, or where controlled by another type of
meter, if the allowable time for parking indicated on the meter or other device has
expired, unless the vehicle properly displays one or more of the items listed in
section 675(8) of the Michigan Vehicle Code;
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92-71; AFTER CITY COMM.DOCX
(y) On a street or highway in such a way as to obstruct the delivery of mail to a
rural mailbox obstruct the delivery of mail to a rural mailbox by a carrier of the
United States postal service;
(z) In a place or in a manner that blocks the use of an alley;
(aa) In a place or in a manner that blocks access to a space clearly designated as a
fire lane;
(LOl) On those streets that have been signed or marked for angle parking, a
person shall not stop, stand, or park a vehicle other than at the angle to the curb or
edge of the roadway indicated by the signs or markings. The front of the vehicle
must be nearest the curb or edge of roadway and the rear of the vehicle nearest the
travel portion of the roadway or parking area (no backing in);
(LO2) A person shall not stand or park a vehicle in a roadway other than parallel
with the edge of the roadway, headed in the direction of lawful traffic movement,
and with the right hand wheels of the vehicle within 12 inches of the curb or edge
of the roadway, except otherwise provided in this part;
(LO3) A person shall not stop, stand, or park a vehicle other than a bus in a bus
stop or other than a taxi cab in a taxi cab stand when the stop or stand has been
officially designated and appropriately signed, except that the driver of a
passenger vehicle may temporarily stop therein for the purpose of, and while
actually engaged in, the expeditious loading or unloading of passengers, if the
stopping does not interfere with any bus or taxi cab waiting to enter or about to
enter the zone;
(LO4) On unimproved side or front yards of residential lots;
(LO5) ) Where a vehicle is abandoned as defined in MCL 257.252a or MCL
257.252b[Reserved];
(LO6) Other than between painted lines in designated parking areas;
(LO7) Along or on any unpaved parkway, except where the same is used for a
driveway to enter private or public property. Parking on the terrace (i.e., the area
between the property line and the street) is permitted from December 1 through
March 1 on those streets having allowed parking on only one side of the street,
but not on the paved portion of the terrace;
(LO8) In any public park, beach or other public area between the hours of 11:00
p.m. and 5:00 a.m.;
(LO9) From December 1 through March 1 of each year where parking is currently
allowed on both sides of the street, on street parking is modified as follows:
(a) Parking is allowed on the side of the street with even numbered
addresses on even numbered calendar days between the hours of 7:00
a.m. and 5:00 p.m.
(b) Parking is allowed on the side of the street with odd numbered
addresses on odd numbered calendar days between the hours of 7:00
a.m. and 5:00 p.m.
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92-71; AFTER CITY COMM.DOCX
(c) Parking is allowed on both side of the street all days between the hours
of 5:00 p.m. and 7:00 a.m.
Where parking is currently allowed on one side of the street only, parking is
allowed except between the hours of 2:00 a.m. and 6:00 a.m.
In the downtown business areas
(a) Bounded by Shoreline Drive heading easterly from Seventh Street to
Spring Street, heading southerly on Spring Street from Shoreline Drive
to Apple Avenue, heading westerly on Apple Avenue from Spring
Street to Muskegon Avenue, heading westerly on Muskegon Avenue
from Apple Avenue to Ninth Street, and heading northerly on Ninth
Street to Seventh Street, heading northerly on Seventh Street from
Western Avenue to Shoreline Drive; and
(b) on Third Street from Merrill Avenue to Muskegon Avenue
Parking is allowed except between the hours of 2:00 a.m. and 6:00 a.m.
All signed parking restrictions apply all days of the week.
This section applies to every portion of every block of every city street;
(LO10) Commercial vehicle defined: "Commercial vehicle" includes all motor
vehicles used for the transportation of passengers for hire, or constructed or used
for transportation of goods, wares or merchandise, and/or all motor vehicles
designed and used for drawing other vehicles and not so constructed as to carry
any load thereon either independently or any part of the weight of a vehicle or
load so drawn:
1. No commercial vehicle shall be parked upon any street or alley for a
period longer than two hours.
2. No commercial vehicle shall be parked at any angle to the line of the
street or alley while loading or unloading for a period longer than one
hour.
3. No commercial vehicle shall be parked at any angle to the line of the
street or alley where such vehicle would prohibit the free flow of traffic.
4. No commercial vehicle shall be parked in residential areas.
(LOl1) Special provisions relating to trailers and semitrailers:
1. No unattached trailer or semitrailer shall be parked on any street or alley
at any time except when it is necessary to temporarily disconnect such
trailer or semitrailer for convenience in loading or unloading.
2. Streets in a business district may be designated on which no trailer shall
be stopped, parked or allowed to stand between the hours of 10:00 a.m.
and 6:00 p.m.
3. A person who violates this section is responsible for a civil infraction.
(LO12) No vehicle shall display a "for sale" sign while parked on any public
street or property;
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(LO13) No person shall drive or operate a motor vehicle in any area or place other
than the public streets and roadways or other such areas so designated for the
vehicular travel, and no person shall drive or operate a motor vehicle along or
upon any unpaved parkway except where the same is used for a driveway to enter
private or public property, nor shall any person drive or operate a motor vehicle in
any public park beach or other public area, except in those areas designated for
vehicular travel therein.
(LO14) A person shall not allow a motor vehicle to stand on a highway or places
open to the public unattended without engaging the parking brake or placing the
vehicle in park, stopping the motor of the vehicle, and removing and taking
possession of the ignition key. If the vehicle is standing upon a grade, the front
wheels of the vehicle shall be turned to the curb or side of the highway. This
section does not apply to a vehicle that is standing in a place and is equipped with
a remote start feature, if the remote start feature is engaged.
(LO15) Where a daily or a seasonal pass is required, as indicated in posted signs
or notices, for a motor vehicle to park, no motor vehicle shall park in such a
location without the daily pass belonging to that vehicle being prominently
displayed on the motor vehicle’s front dashboard, the seasonal pass belonging to
that vehicle being prominently affixed to the front windshield on the driver’s side,
or a resident’s beach seasonal being prominently placed on the dashboard.
(2) A person shall not move a vehicle not owned by the person into a prohibited area or
away from a curb a distance that makes the parking unlawful.
(3) A bus, for the purpose of taking on or discharging passengers, may be stopped at a
place described in subsection (l)(b), (d), or (f) or on the roadway side of a vehicle
illegally parked in a legally designated bus loading zone. A bus, for the purpose of
taking on or discharging a passenger, may be stopped at a place described in
subsection (l)(n) if the place is posted by and appropriate bus stop sign, except that a
bus shall not stop at such a place if the stopping is specifically prohibited by the
responsible local authority, the state transportation department, or the director of the
department of state police.
(4) A person who violated this section is responsible for a civil infraction. Formatted: Indent: First line: 0.5"
2. This Ordinance is to become effective ten (10) days after adoption.
Ayes:
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Nays:
First Reading:
Second Reading:
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 ____ day of _______________, 201920, at which meeting a quorum
was present and remained throughout, and that the meeting was conducted and public notice was
given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
Date:_______________________, 202019
Formatted: Space After: 0 pt, Line spacing: single
________________________________
Ann Marie Meisch, MMC
City Clerk
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
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CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2020, the City Commission of the City
of Muskegon amended Chapter 82, Article II of the Muskegon City Code, summarized as
follows:
TO BE COMPLETEED AFTER ADOPTION Formatted: Centered
1. Section 82-51 is amended to provide that the combination of the service charge, which Formatted: Centered, Indent: Left: 0", First line: 0"
means the payment in lieu of taxes, and the essential services fee shall be not less than 1% nor
more than 20% of the contract rents charged for the total of all units in the project, whether the
units are occupied or not and whether or not the rents are paid.
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 (10) days from the date of this publication.
Published: _________________, 202019 CITY OF MUSKEGON
By________________________ Formatted: Space After: 0 pt, Line spacing: single
Ann Marie Meisch, MMC
City Clerk
------------------------------------------------------------------------------------------------------------
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PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
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CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. ____
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
1. Chapter 92, Article V of the Code of Ordinances of the City of Muskegon, Michigan,
Section 92-73 are amended to read as follows:
Chapter 92, “Local Parking Restrictions” Section 73 “Parking violations bureau; minimum
parking fines,” of the Code of Ordinances of the City of Muskegon is amended as follows:
Sec. 73. “Parking violations bureau; minimum parking fines,”
(1) Pursuant to the provisions of state law MCL 600.8395, there is hereby established
within the city a parking violations bureau to accept pleas of responsible in motor
vehicle parking violation cases and to collect and retain fines and costs as prescribed by
ordinance.
(2) Upon pleading responsible or being found responsible by a court, the fines for parking
violations shall be as follows:
(2.1) Level I parking violations.
Code 92-71(1) Offense
LO1 Violation of angle parking/backed into space signs
LO2 Too far from curb
LO2 Parking facing traffic
LO3 Loading zone, passenger zone (bus/taxi cab zone)
w Parking overtime excluding at Pere Marquette Beach
x Meter parking
The penalties for level 1 parking violations are as follows:
If paid within 14 days If paid after 14 days If paid after 21 days After 30 days
but before 21 days but before 30 days
$10.00 $20.00 $30.00 $60.00
(2.2) Level 2 parking violations.
Code § 92-71(1) Offense
a Parking on sidewalk
b Blocking driveways
c Within an intersection
e In a crosswalk
f Within 20 feet of a crosswalk or within 15 feet of property lines
at intersection
g Too close to a flashing beacon, stop sign, yield sign, traffic
control signal, or other traffic sign Formatted: Font: 9 pt
h In a safety zone
Formatted: Font: 9 pt
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i Too close to railroad
j Too close to fire station entrance
k Parking: obstruct traffic
m Parking on a bridge or in a tunnel
n Posted prohibited parking; parking violation of any posted signs
o Parking within 500 feet of an accident
p Parking in front of a theater
q Blocking emergency exits
r Blocking fire escape
v Within 500 feet of a fire or fire apparatus (except volunteers and
vehicles legally parked before the fire)
y Obstruct mail delivery
z Alley parking
LO4 Front and side yard parking
LO7 Parking on terrace or parkway
LO9 2a-6a parking prohibited
LO10 Commercial vehicles
LO11 Unattached trailers and semitrailers
LO12 Display of "for sale" sign while parked on city street or terrace
Other violations
LO14 Unattended vehicles (running)
The penalties for level 2 parking violations are as follows:
If paid within 14 days If paid after 14 days If paid after 21 days If paid after 30 days
but before 21 days but before 30 days
$15.00 $30.00 $45.00 $70.00
(2.3) Level 3 parking violations.
Code § 92-71(1) Offense
d Too close to a fire hydrant
l Double parking
LO6 Parking outside the lines
LO8 Parking in a public park after 11:00 p.m. and before 5:00 a.m.
LO13 Prohibited off-road vehicular traffic
Other violations in any city parks
The penalties for level 3 parking violations are as follows:
If paid within 14 days If paid after 14 days If paid after 21 days After 30 days
but before 21 days but before 30 days
$20.00 $40.00 $60.00 $80.00
(2.4) Level 4 parking violations.
Code § 92-71(1) Offense
LO5 Abandoned Vehiclehcile [Reserved]
If paid within 14 days If paid after 14 days If paid after 21 days but If paid after 30 days
but before 21 days before 30 days Formatted: Font: 9 pt
$55.00 $65.00 $75.00 $85.00 Formatted: Font: 9 pt
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(2.5) Any other violation of the parking provisions which are not listed in the above schedules
shall be considered level 2 parking violations and shall carry the penalties set forth above
for level 2 violations, except that:
a) Code § 92-71(1)(s)(t)(u). Spaces for disabled persons. Unlawful parking in a
space reserved for persons with disabilities as defined in applicable state law
shall carry a minimum of $105.00, which shall increase to $210.00 after the
first 14 days after the violation, and $315.00 after 30 days; and
b) Code § 92-71(1)(aa). Fire lane. Unlawful parking in a fire lane shall carry a
minimum of $30.00, which shall increase to $60.00 after the first 14 days, after 21-
30 days the violation will be $90.00 and $120.00 after 30 days;
c) Code 92-71(1)(LO15) shall carry a fine of $30 per calendar day; and
b)d) Code 92-71(1)(w), limited to parking overtime at Pere Marquette Beach shall carry
a fine of $20 per violation.
2. This Ordinance is to become effective ten (10) days after adoption.
Ayes:
Nays:
First Reading:
Second Reading:
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 ____ day of _______________, 2020, at which meeting a quorum was
present and remained throughout, and that the meeting was conducted and public notice was
given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
Date:_______________________, 2020
________________________________
Ann Marie Meisch, MMC
City Clerk
Formatted: Font: 9 pt
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Formatted: Font: 9 pt
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CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2020, the City Commission of the City
of Muskegon amended Chapter 82, Article II of the Muskegon City Code, summarized as
follows:
TO BE COMPLETEED AFTER ADOPTION
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 (10) days from the date of this publication.
Published: _________________, 2020 CITY OF MUSKEGON
By________________________
Ann Marie Meisch, MMC
City Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
Formatted: Font: 9 pt
Formatted: Font: 9 pt
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WATCH MUSKEGON
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 26, 2020 Title: Ordinance Amendment 92-74 (1, 2 & 3)
Submitted By: Jeffrey Lewis Department: Public Safety
Brief Summary: Request for commission to consider Ordinance amendments in regards to Marina and
launch ramp parking restrictions - 92.74 (1, 2 &, 3).
Five (5) violations will be updated with appropriate verbiage to reflect the current violation(s) and fines
that will help ensure permit and parking compliance at our ramps.
Detailed Summary:
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 proposed changes to Ordinance 92-74 (1, 2 & 3)
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept. cP
IT Dept.
•
For City Clerk Use Only:
Commission Action:
Permit and parking enforcement for Marina and Launch Ramps:
Original fine amounts have been lowered as a means of seeking compliance, which will be gained
through a robust enforcement program. After talking with the Enforcers; and from my experience; it can
be very confrontational issuing recreational tickets with extreme $fines$. We’ll be able to enforce and
encourage Permit purchase(s) through negotiation.
The parking division will concentrate on the following;
1. City wide parking enforcement
2. Downtown area (new focus with all the development/population growth)
3. City Parks (now is PM Beach parking)
4. Ramps/Marina (this is new as we’ve had many complaints at fisherman’s landing)
1. 74- (1) (b) change to vehicle/trailer parking (not boat-trailer parking)
2. (2) (a) Within - 50 feet of a boat launch w-w/o permit – fine
1 – 13 days $35
14 – 20 days $70
21 – 29 days $105
30 or more days $130
(2) (b) Within area marked for vehicle/trailer w-w/o permit – fine
1 – 13 days $35
14 – 20 days $70
21 – 29 days $105
30 or more days $130
3. (3) (a) Launching a boat without a permit – fine
1 – 13 days $35
14 – 20 days $70
21 – 29 days $105
30 or more days $130
(3) (b) Commercial vehicles without a Commercial Launch Ramp permit – fine
1 – 13 days $100
14 – 20 days $200
21 – 29 days $300
30 or more days $350
(3) (C) Vessels larger than 30 feet, or transported on three (3) or more axles – fine
1 – 13 days $100
14 – 20 days $200
21 – 29 days $300
30 or more days $350
WATCH MUSKEGON
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 5-26-2020 Title: Setting Harbor West LLC brownfield
public hearing
Submitted By: Dave Alexander Department: Economic Development
Brief Summary: The Brownfield Redevelopment Authority on May 12 recommended approval of
Brownfield Plan Amendment for Harbor West LLC (Hartshorn Village) at 1000 West Western Ave.
and now the city commission needs to schedule a public hearing on that plan for June 9, 2020.
Detailed Summary: Harbor West LLC has submitted a brownfield plan for the first phase of a
residential development along Lakeshore Trail and adjacent to Hartshorn Marina. The City
Commission needs to set a public hearing on the plan for June 9, 2020. The resolution of approval
by the Brownfield Redevelopment Authority and a resolution setting the June 9 public hearing are
attached.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the resolution setting a public hearing for June 9, 2020 on the
Harbor West Brownfield Plan Amendment and notify the appropriate taxing units.
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
Brownfield Redevelopment Authority
County of Muskegon, State of Michigan
RESOLUTION APPROVING REVISED BROWNFIELD PLAN AMENDMENT
Harbor West LLC (1000-1010-1060- West Western Ave.)
Redevelopment Project
Minutes of a regular meeting of the Board of the City of Muskegon Brownfield
Redevelopment Authority, County of Muskegon, State of Michigan, held on the 12th day of May
2020, at 10:30 a.m., prevailing Eastern Time.
PRESENT: M . Kleaveland, H. Sytsema, F. Peterson, F. DePung, D. Kalisz,
M. Bottomley, J. Wallace Jr, J. Riegler, D. Pollock, B. Hastings.
ABSENT: J. Moore, P. Edbrooke, M. Johnson
The following preamble and resolution were offered by Member F. Peterson and supported
by Member D. Pollock:
WHEREAS, a Brownfield Plan has been adopted pursuant to Act 381, Public Acts of
Michigan, 1996, as amended ("Act 381 "), a copy of which is on file with the Secretary of the City of
Muskegon Brownfield Redevelopment Authority (the "Authority"); and
WHEREAS, the Authority is authorized to approve amendments to the Brownfield Plan and
recommends the amendment to add the redevelopment of Harbor West LLC (Hartshorn Village)
1000-1010-1060 West Western Ave. for approval to the City of Muskegon, County of Muskegon,
State of Michigan (the "City").
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. Approval of Brownfield Plan. The Board hereby adopts and approves the
Brownfield Plan Amendment for the Harbor West (Hartshorn Village) project and
recommends the approval of the Brownfield Plan Amendments by the Muskegon City
Commission.
2. Public Hearing. The Board hereby requests the Muskegon City Commission to
provide a notice of Public Hearing on the proposed Brownfield Plan Amendments, and
further requests that such hearing notice be provided to all taxing jurisdictions. Notice of
the time and place of the hearing shall be given pursuant to Act 267, Public Acts of
Michigan, 1976, as amended ("Open Meetings Act").
3. Deliver Resolution and Brownfield Plan to City. The Chair of the Authority is
directed to deliver a certified copy of this resolution and the Brownfield Plan Amendments to
the City Clerk.
4. Disclaimer. By adoption of this resolution and approval of the Brownfield Plan
Amendments, the Authority assumes no obligation or liability to the owner, developer or
lessor of the Eligible Property for any loss or damage that may result to such persons from
the adoption of this resolution and Brownfield Plan Amendments.
6. Repealer. All resolutions and parts of resolution in conflict with the provisions of this
resolution are hereby repealed or amended to the extent of such conflict.
AYES:
M . Kleaveland, H . Sytsema, F. Peterson, F. DePung, D. Kalisz, M.
Bottomley, J. Wallace Jr, J. Riegler, D. Pollock, B . Hastings.
NAYS: None
RESOLUTION DECLARED ADOPTED.
~!~y,~
City of Muskegon Brownfield Redevelopment Authority
-2-
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Board
of the City of Muskegon Brownfield Redevelopment Authority, County of Muskegon, State of
Michigan, at a regular meeting held on May 12, 2020, and that said meeting was conducted and
public notice of said meeting was given pursuant to and in full compliance with the Open Meetings
Act, being Act 267, Public Acts of Michigan, 1976, (adhering to the COVID-19 order of the
Governor of Michigan, Executive Order 2020-75) and that the minutes of said meeting were kept
and will be or have been made available as required by said Act.
7!~~~
City of Muskegon Brownfield Redevelopment Authority
-3-
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT
AUTHORITY
BROWNFIELD PLAN AMENDMENT
FOR THE HARBOR WEST, LLC
DEVELOPMENT PROJECT
May 7, 2020
Original Plan Approved by the Board of the City of Muskegon Brownfield Redevelopment
Authority on February 23, 1998, with subsequent amendments approved as outlined
below. This amendment approved on ______________.
Original Plan Approved by the City Commission of the City of Muskegon on
April 14, 1998, with subsequent amendments approved as outlined below. This
amendment approved on ________________.
City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT AUTHORITY
BROWNFIELD PLAN
INDEX
I. INTRODUCTION
II. GENERAL PROVISIONS
A. Costs of the Brownfield Plan
B. Method for Financing Costs of Plan
C. Duration of the Brownfield Plan
D. Displacement/Relocation of Individuals on
Eligible Properties
E. Local Site Remediation Revolving Fund
III. SITE SPECIFIC PROVISIONS
A. Kirksey/Anaconda Property (Approved 4/14/98)
B. Dilesco Corporation Property (Approved 8/11/98)
C. Beacon Recycling (Approved 7/11/00)
D. Verplank Dock Company (Approved 5/27/03)
E. Gillespie Development Property (Approved 8/12/03)
F. Loft Properties, LLC Property (Approved 8/12/03)
G. Parmenter O’Toole Property (Approved 8/12/03)
H. “The WaterMark” Project (Approved 5/25/04)
I. Northern Machine Tool (Approved 7/13/04)
J. Terrace Lots Office Building (Approved 7/13/04)
K. Art Works Apartments (Approved 7/27/04)
L. Former Muskegon Mall (Approved 10/12/04)
M. Vida Nova at Edison Landing (Approved 10/24/06)
N. Western Ave. Properties LLC and Port City Development Services, LLC
(Approved 10/24/06)
O. Viridian Place at Edison Landing (Approved 10/24/06)
P. Hot Rod Harley (Approved 3//27/07)
Q. Sidock Building Project (Approved 6/12/07)
R. Heritage Square Town Homes (Approved 1/8/08)
S. Betten Auto Dealerships (Approved 5/13/08)
T. Parkland Muskegon Mixed Use Project (Approved 6/24/08)
U. Terrace Point Landing Redevelopment Project (Approved 5/14/13)
V. P&G Holdings NY, LLC (Approved 1/10/17)
W. Sweetwater Development/The Leonard (Approved 3/12/19)
X. 1208 Eighth/Core Development (Approved 10/8/19)
Y. Damfino Development, LLC (12/10/19)
Z. Harbor West, LLC Development Project (____)
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City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
I. INTRODUCTION
In order to promote the revitalization of commercial, industrial, and residential properties
within the boundaries of the City of Muskegon (the “City”), the City established the City
of Muskegon Brownfield Redevelopment Authority (the “Authority”) pursuant to Act 381,
Public Acts of Michigan, as amended (“Act 381”) and a resolution adopted by the
Muskegon City Commission on February 10, 1998. Terms defined in Act 381 and
applicable sections of the statute are noted in italics throughout this document.
This Brownfield Plan (“Plan”) was originally intended to address the redevelopment of
eligible properties within the City that are impacted by the presence of hazardous
substances in concentrations that exceed Michigan’s Part 201 Generic Cleanup Criteria
(“facilities”) or that have been determined to be Functionally Obsolete or Blighted. By
facilitating redevelopment of underutilized eligible properties, the Plan is intended to
promote economic growth for the benefit of the residents of the City and all taxing units
located within and benefited by the Authority.
This Plan is intended to be a living document, which can be amended as necessary to
achieve the purposes of Act 381. It is specifically anticipated that properties will be
continually added to the Plan as new projects are identified. The Plan contains general
provisions applicable to the Plan, as well as property-specific information for each
project. The applicable Sections of Act 381 are noted throughout the Plan for reference
purposes.
This Brownfield Plan contains the information required by Section 13(2) of Act 381, as
amended. Additional information is available from the Muskegon City Manager or the
Director of Planning and Economic Development.
II. GENERAL PROVISIONS
A. Costs of the Brownfield Plan (Section 13(2)(a))
Any site-specific costs of implementing this Plan are described in the site-specific
section of the Plan. Site-specific sources of funding may include tax increment financing
revenue generated from new development on eligible brownfield properties, state and
federal grant or loan funds, and/or private parties. Where private parties finance the
costs of eligible activities under the Plan, tax increment revenues may be used to
reimburse the private parties. The initial costs related to preparation of the Brownfield
Plan were funded by the City’s general fund. Subsequent amendments to the Plan may
be funded by the person requesting inclusion of a project in the Plan, and if eligible, may
be reimbursed through tax increment financing.
The Authority intends to pay for administrative costs and all of the things necessary or
convenient to achieve the objectives and purposes of the Authority with fees charged to
applicants to be included in the Plan, and any eligible tax increment revenues collected
pursuant to the Plan, in accordance with the provisions of Act 381, including, but not
limited to:
i) the cost of financial tracking and auditing the funds of the Authority,
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City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
ii) costs for amending and/or updating the Plan, including legal fees, and
iii) costs for Plan implementation
Tax increment revenues that may be generated and captured by this Plan are identified
in the site-specific sections of this Plan.
B. Method for Financing Costs of Plan and Bonded Indebtedness (Section
13(2)(d) and (e))
The City or Authority may incur some debt on a site-specific basis. Please refer to the
site-specific section of this Plan for details on any debt to be incurred by the City or
Authority. When a property proposed for inclusion in the Plan is in an area where tax
increment financing is a viable option, the Authority intends to enter into Development
and Reimbursement Agreements with the property owners/developers of properties
included in the Plan to reimburse them for the costs of eligible activities undertaken
pursuant to the Plan. Financing arrangements will be specified in the Development and
Reimbursement Agreement, and also identified in the Site Specific section of the Plan.
C. Duration of the Brownfield Plan (Section 13(2)(f))
The Plan, as it applies to a specific eligible property, shall be effective up to five (5)
years after the year in which the total amount of any tax increment revenue captured is
equal to the total costs of eligible activities attributable to the specific property, or thirty
(30) years from the date of first tax capture under the Plan as it relates to an individual
site, whichever is less. The total costs of eligible activities include the cost of principal
and interest on any note or obligation issued by the Authority to pay for the costs of
eligible activities, the reasonable costs of a Work Plan, the actual costs of the Michigan
Environmental Great Lakes & Energy or Michigan Strategic Fund’s review of the Work
Plan and implementation of the eligible activities, as applicable.
D. Displacement/Relocation of Individuals on Eligible Properties
(Section 13(2)(i),(j)(k)(l)
At this time, eligible properties identified in the Plan do not contain residences, nor are
there any current plans or intentions by the City for identifying eligible properties that will
require the relocation of the residences. Therefore the provisions of Section 13(2)(i-l)
are not applicable at this time.
E. Local Site Remediation Revolving Fund (Section 8; Section 13(5)(b))
Whenever the Plan includes a property for which taxes will be captured through Tax
Increment Financing (TIF) provided by Act 381, it is the Authority's intent to establish a
Local Brownfield Revolving Fund ("Fund"). The Fund will consist of tax increment
revenues that exceed the costs of eligible activities incurred on an eligible property, as
specified in Section 13(5) of Act 381. Section 13(5) authorizes the capture of TIF from
an eligible property for up to 5 years after the time that capture is required for the
purposes of reimbursing the costs of eligible activities identified in the Plan. It is the
intention of the Authority to continue to capture tax increment revenues for 5 years after
eligible activities are funded from those properties identified for tax capture in the Plan,
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City of Muskegon Brownfield Plan Amendment
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provided that the time frame allowed by Act 381 for tax capture is sufficient to
accommodate capture to capitalize a Fund. The amount of school operating taxes
captured for the Fund will be limited to the amount of school operating taxes captured for
eligible department specific activities under the Plan. It may also include funds
appropriated or otherwise made available from public or private sources.
The Fund may be used to reimburse the Authority, the City, and private parties for the
costs of eligible activities at eligible properties and other costs as permitted by Act 381.
It may also be used for eligible activities on an eligible property for which there is no
ability to capture tax increment revenues. The establishment of the Fund will provide
additional flexibility to the Authority in facilitating redevelopment of brownfield properties
by providing another source of financing for necessary eligible activities.
III. SITE SPECIFIC PROVISIONS
Z. Harbor West, LLC Development Project
Eligibility and Project Description (Sec. 13(2)(h))
Project Description
Harbor West, LLC (“Harbor West”) intends to develop approximately 3.01 acres of land
located at 1000, 1010 and 1060 West Western Avenue in Muskegon, MI (the “Property”)
into residential site condominiums (the “Project”). The Project will include the
construction of an initial ten (10) new market-rate site condominiums, associated site
improvements and marina improvements to the adjacent Hartshorn Marina located at
920 West Western Avenue (“Marina Property”). The Project will include department
specific activities, demolition, site preparation and infrastructure improvement activities
in order to prepare the Property and Marina Property for redevelopment. A proposed
site plan is included in Attachment Z-2.
It is anticipated that the Plan will be amended at a later date to include additional costs
for future phases of development. The estimated total capital investment to complete
Phase I of the Project is estimated to be approximately $5+ million.
The eligible property included in this Plan consists of four parcels of property totaling
15.41 acres in the City of Muskegon, Michigan (see Attachment Z-3).
This eligible property includes all existing real and all new taxable personal property.
Eligibility
The 1000 West Western property meets the definition of a “facility” as defined by Part
201 of Natural Resources and Environmental Protection Act (Act 451 of 1994) due to the
presence of select metals found in shallow soil intervals that are consistent with area-
wide contaminated historical fill. Total mercury, copper, arsenic, selenium, and silver
were detected in shallow soil throughout the area exceeding the groundwater surface
water interface protection criteria, while arsenic concentrations also exceeding the
residential drinking water and direct contact criterion. The 920, 1010 and 1060 West
3 5/7/2020
City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
Western parcels are adjacent and contiguous to the 1000 West Western property and
development of these parcels is expected to increase its taxable value. Therefore, the
parcels are considered “eligible property” under Act 381.
Eligible Activities, Financing, Cost of Plan (Sec. 13(2)(a), (b), (c), (g))
It is intended that the amended Plan shall provide for reimbursement of eligible activities
conducted on the Property and Marina Property, including department specific activities
(i.e. Phase I and II Environmental Site Assessment and Due Care), demolition, site
preparation, infrastructure improvements, brownfield plan/work plan preparation and
development, including all associated professional fees. TIF revenues generated from
the Project will first be used to reimburse the cost of eligible activities undertaken by the
developer and City of Muskegon, in accordance with a development and reimbursement
agreement to be executed by the parties. Following full reimbursement of the eligible
activities included in this Plan, TIF generated by the Property may be used for any other
purpose allowable under Act 381 and the Plan.
The following are eligible activities that may be reimbursed through TIF revenues:
1. Department Specific Activities: Activities necessary for the developer to
undertake its environmental due diligence, and any necessary costs related to
Due Care obligations, including preparation of a Due Care Plan and
implementation of Due Care Response Activities and Phase I, II and BEAs.
Vapor barriers and mitigation systems, demarcation markers, contaminated
soil excavation, transportation and disposal, environmental investigations and
oversight. Costs are estimated at $250,000.
2. Demolition: Demolition will include removal of existing pavement, curbs,
gutters and site improvements. Demolition is necessary in order to prepare
the project for the proposed development. Demolition activities costs are
estimated at $19,500.
3. Site Preparation: Site Preparation on the Property will include mobilization &
demobilization, erosion control activities, dewatering, temporary traffic &
construction signage, staking, clearing and grubbing, temporary facility,
temporary site control, utility relocation, cut and fill, soil compaction and sub-
base, mass grading/land balancing, unstable soil removal and backfill,
geotechnical engineering, special foundations, and retaining walls. Site
Preparation activities costs are estimated at $626,000.
4. Infrastructure Improvements: Infrastructure Improvements will include new
water main, sanitary and storm sewer systems, walkways, bike paths,
roadways, curb and gutter, gas and electric lines, public marina
improvements, including a pool and a clubhouse. Infrastructure Improvement
activities costs are estimated at $3,946,000.
5. Contingency: A 15% contingency is included to cover unexpected cost
overruns encountered during construction totaling $726,225.
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City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
6. Brownfield/Work Plan Preparation and Development: Costs incurred to
prepare and develop this brownfield plan is estimated at $30,000.
An estimate of the captured taxable value and tax increment revenues, which includes
the impact on the taxing jurisdictions, is attached as Attachment Z-5.
Effective Date of Inclusion in Brownfield Plan
The Harbor West LLC Development Project was added to this Plan on ________. It is
intended the duration of the Plan capture is the lesser of the full reimbursement of
eligible activities or 30 years with capture beginning in 2021.
17011359
5 5/7/2020
City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
ATTACHMENT Z-1
SITE MAP
HARBOR WEST, LLC REDEVELOPMENT PROJECT
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6 5/7/2020
City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
1000 W W ESTERN AVE X
Par.801\ WEST LLC
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Parcel#: 61-24-205·574·0001-15
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MUSKEGON, Ml 4944 1
Owned By: HARBOR WEST LLC
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7 5/7/2020
City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
ATTACHMENT Z-2
PROPOSED SITE PLAN
HARBOR WEST, LLC DEVELOPMENT PROJECT
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MAP/NA
8 5/7/2020
City of Muskegon Brownfield Plan Amendment
Harbor West, LLC Development Project
ATTACHMENT Z-3
LEGAL DESCRIPTION
Parcel 4:
THOSE PARTS OF BLOCKS 574 AND 575, REVISED PLAT (OF 1903) OF THE
CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF BLOCK
574 OF SAID REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON;
THENCE NORTH 88°43’ WEST 270.42 FEET (M=NORTH 84°41’53” WEST 270.27
FEET) TO A POINT ON THE NORTHERLY LINE OF WEST WESTERN AVENUE FOR
A POINT OF BEGINNING;
THENCE WESTERLY ALONG THE NORTHERLY LINE OF WEST WESTERN AVENUE
457.28 FEET (M=NORTH 80°29’18” WEST 457.02 FEET); THENCE NORTH 2°04’
WEST 492.92 FEET; THENCE SOUTH 47°05’ EAST 236.7 FEET; THENCE
CONTINUING SOUTH 47°04’ EAST TO A POINT 100 FEET NORTH OF AND NORTH
1°40’ WEST OF THE POINT OF BEGINNING. TOGETHER WITH THE C & O
RAILWAY COMPANY RIGHT OF WAY RUNNING THROUGH THE ABOVE
DESCRIBED PARCEL, EXCEPT THAT PART WHICH WAS DEEDED TO THE CITY
OF MUSKEGON AS RECORDED IN LIBER 2138, PAGES 751 AND 752.
Property Address: 1000 W. Western Avenue, Muskegon, Michigan
Tax Parcel No.: 61-24-205-574-0001-10
BIKE PATH WE'ST OESCRJPTION:
THAT PART OF BLCICK S74 OF THE REVISED PLAT OF fOOJ OF TH£ CITT OF MUSKfGON, D£SCRlB£V
AS: COMMENCING AT THE SOUTHEAST CORNER OF SAID BWCK 574-: THENCE ,NORTH aa•1J'54" wrsr
270 ..lJ ffEf TO A POINT ON TH€ NORTH RIGHT-OF-WAY LIN£' OF WESTERN AVENUE; THENC£ NORTH
BJ" 55·oo" WfST ALONG SAID NORTH RIGHT-OF-WAY LJNf 45 6, g 7 F~; JH'EI-JC( NORTH O1•J J '44"
W£ST 4-70.34 f££T TD THE POINT OF f1£GINNINC; THENCE NORTH 46"J2 '4-4" WEST 257, 11 Ff.IT;
THf.NC[ SOI.ITH 88"27'16" WEST 684:.J9 FECT; THENCE NORTH 01'"Jt'4-4" WEST Jo.00 Fa:T; THENCE
NORTH 88"27'25~ .EASi 691.04- FfIT; THENCE: SOUTH 46"J2'44" EAST 247.70 rEIT; 1H£"NCE soum
01 ~31 '44" fAST 22.62 FEU TQ TH£ POINT OF 8£G/NNfNG.
BjK£ PATH £AST D£SCRiPTION (PARCEL 5}
THAT PART OF fJLOCK 574 or TH£ REWS.£0 PLAT Of 1903 OF TNE CITY OF MlJSKfGON, MUSlI a Baseli,te Enwortmental Asse.$$men( (8EAJ, as deftrted IJy Part 201, E,wfrortmentill Rtmeee with 7• Qr~ need to be avaifab.'e to the MDEQ,
but not submitted, withJ'n 8 mom/Js of becomin g the owner oroperotor of 8 facl!ity an(1for Property.
Section A: Lena! Entitv Information
Name of legal enltty that does or will own or operate the Contact for BEA q uestions if different from submitter:
property: H.lrbo, W e;t, LLC Name & Tttle:
David Stecfnk • J.sscclate Vice President & Sr Environmental SdenUst
Address: 106 s. University Avt, Suite 6
Company: EnvlrologlcTtdinologles, Inc.
City: Mount Pleasant S!ate:_M_,__ ZIP: 488S8
Address: 2960 .,ter.state Parkway
Contact Person (Name & Title): Mr. Sidn ey Smith· Membe<
City: Killamazoo Stale:~ ZIP: 49048
Telephone: (989) 61S-4391 Telephone: 26~•342-1100
EmQil; w.i:idn ~mith @~mith •f!Quitif! ~.cnm Emoil: ~.togink@l,tltJirnlne-it:.mm
Section B: Prooenv Information
Street Address of Property: lOOOWest Westem Avenue County: Musketon
City: Mu,keco,, State : ~ Zip: 49441 CityNillage/Township: City of Musl<_,_ _ __ __ _ __ _ _ _ __ _ __
Address: 108 S. University Ave, Suite 6 City: Mount Pl~asant State:~ Zip:_4_88_58
_ _ _ _
Telephone:_ _ _ __ _ _ _ _ _ _ _ E-Maif: wsidncy.smith@smith-cquitics.c.cm
Submit the BEA report and this form to U1e MDEQ Di.strict Office for U1tt county in which Un:~ p1oµerly iti located. An
office map is located at wv,w,michigan.gov/deqrrd.
2 EQ 4025 (0712017)
TABLE OF CONTENTS
1. INTRODUCTION AND DISCUSSION...................................................................................... 1
A. OWNER/OPERATOR INFORMATION................................................................................................ 1
B. INTENDED USE OF PROPERTY ....................................................................................................... 1
C. PHASE I ESA SUMMARY RECOGNIZED ENVIRONMENTAL CONDITIONS ............................................... 1
D. EXCEPTIONS/DELETIONS FROM ASTM 1527-05............................................................................. 1
E. PHASE I ESA DATA GAPS DISCUSSION ............................................................................................ 1
F. SAMPLING DISCUSSION PURPOSE/METHODS ............................................................................... 2
G. KNOWN CONTAMINATION LOCATIONS AND ENVIRONMENTAL MEDIA ................................................ 2
,,
H. "FACILITY DEMONSTRATION ....................................................................................................... 3
2. PROPERTY INFORMATION .................................................................................................. 4
A. PROPERTY LEGAL DESCRIPTION ..................................................................................................... 4
B. & C. SURVEY MAP, PROPERTY TAX IDENTIFICATION NUMBER(S) .......................................................... 4
D. LOCATION MAP ......................................................................................................................... 6
E. PROPERTY LOCATION .................................................................................................................. 8
F. SPATIAL DATA ............................................................................................................................ 8
3. FACILITY STATUS ................................................................................................................ 9
A. ANALYTICAL TABLE ..................................................................................................................... 9
B. L ABORATORY ANALYTICAL DATA SHEETS AND CHAIN OF CUSTODY ........................................................ 9
4. IDENTIFICATION OF THE AUTHOR OF THE BEA .................................................................. 10
5. ASTM 1527-13 PHASE I ENVIRONMENTAL SITE ASSESSMENT ............................................ 11
6. REFERENCES .................................................................................................................... 12
FIGURES
FIGURE 1: !"#$%!&'(#) ...................................................................................................................... 7
FIGURE 2: *%$+',-#&'.%$/'0&#-1$%"#-'2#$#............................................................................................. 5
TABLES
TABLE 1: *)#$%#-'2#$# .......................................................................................................................... 8
TABLE 2: Summary of "Facility" Contaminants ................................................................................... 9
'
APPENDICES
APPENDIX A: ,/#3+'44'5&6%7!&8+&$#-'*%$+'033+338+&$'95&6%7!-!:%";';'?@A>B
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1. INTRODUCTION AND DISCUSSION
A. Owner/Operator Information
Current Owner: Harbor West LLC
B. Intended Use of Property
Harbor West LLC purchased the property on October 30, 2018, and intends to develop the subject
property with multiple condominiums.
The subject property location map and site plan are included in Figures 1 and 2, respectively.
C. Phase I ESA Summary Recognized Environmental Conditions
Recognized environmental conditions (RECs) were identified in the June 22, 2018, Phase I
Environmental Site Assessment (ESA) report conducted by Envirologic. These RECs include the
following:
Previous environmental studies have demonstrated the presence of contaminants at
"facility concentrations" at the site as a result of historic filling activities at the property
and surrounding area.
The former Shaw-Walker/Lakeview Industrial Center property located across W. Western
Avenue to the south represents a vapor encroachment threat based on the former
detections of both chlorinated and petroleum-related contaminants in soil and
groundwater.
D. Exceptions/Deletions from ASTM 1527-05
No exceptions to or deletions from the ASTM 1527-13 Phase I ESA standard have been identified
in the June 22, 2018, Phase I ESA.
E. Phase I ESA Data Gaps Discussion
A data gap is the inability to obtain information within the scope of the Phase I ESA. No data gaps
were encountered for the Phase I ESA.
A data failure is the absence of information typically used to complete a Phase I ESA. No data
failures were encountered for the Phase I ESA.
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F. Sampling Discussion Purpose/Methods
On October 24 25, 2017, Envirologic initiated and completed field activities at the subject
property in order to characterize soil and groundwater conditions. These activities included the
installation of nine soil borings located at various locations across the subject property based on a
proposed preliminary site plan layout. The boring locations were selected based on the locations
of various features shown in the preliminary site plan, such as residencies (GP-1 through GP-7), a
playground (GP-9), and a swimming pool (GP-8). Activities also included the collection of shallow
soil samples (6 inches below the ground surface) in order to characterize soils for direct contact
exposures. Deeper soil samples (approximately 2 6 feet below the ground surface) were collected
to better characterize the historically contaminated fill-type soils at the subject property and in
the surrounding Muskegon Lake area. Because of previous environmental investigations that
identified the presence of trichloroethene and vinyl chloride in groundwater, groundwater
samples were collected from temporary monitoring wells that were installed in each of the soil
borings. All the soil samples were submitted for analysis of select metals and polynuclear
aromatic hydrocarbons (PNAs, method 8270), and all of the groundwater samples were submitted
for volatile organic compound (VOC) analysis (method 8260). Soil samples were not analyzed for
VOCs since there was no evidence of VOC impact such as significant photoionization detector
(PID) readings, staining, odors, etc. in soil.
A review of the soil analytical results indicates that the detection of PNAs was limited to one
boring location, GP-1, located in the northwest corner of the subject property. The reported
concentrations of the 10 PNA constituents detected do not exceed any current MDEQ Residential
or Non-Residential cleanup criterion. Select metals were detected in each of the soil samples
collected. Of those metals detected, total mercury, copper, arsenic, selenium, and silver were
detected in concentrations exceeding the groundwater surface water interface protection criteria;
the concentration of arsenic also exceeded the residential drinking water and direct contact
criterion.
The Phase II ESA laboratory analytical results demonstrate that the subject property meets the
, as defined by Part 201 of NREPA.
definition of a "facility"
G. Known Contamination Locations and Environmental Media
Soil contaminants detected on the subject property exceeding cleanup criteria were found site-
wide at all nine soil boring locations and included arsenic, copper, selenium, silver, and mercury.
Selenium concentrations exceed cleanup criteria in every boring except GP-6, located in the
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eastern portion of the property beneath proposed residencies. Silver concentrations exceed
cleanup criteria in every boring except GP-9, located in the central portion of the property at a
proposed playground area. Both arsenic and copper concentrations exceed cleanup criteria in two
boring locations: GP-2, located beneath proposed residencies in the northwest portion of the
property, and GP-5, located beneath proposed residences in the eastern portion of the property.
The only detection of mercury on the property was also an exceedance. The mercury exceedance
was detected at GP-7, located near the eastern property boundary, beneath proposed residencies.
The known contamination on the property is consistent with the findings of the 2008 *C88#71'
D+)!7$'07+#EF%G+'033+338+&$'!H'I%3$!7%"'J%--'!H'(C3K+:!&' #K+'*/!7+-%&+;'(C3K+:!&;'(%"/%:#&'
prepared by Environmental Resources Management and Superior Environmental Corp. This
previous study identified the presence of contaminated historic fill soils along the Muskegon Lake
Shoreline and included samples collected from the subject property.
The presence of arsenic, copper, selenium, silver, and mercury detected in soil at concentrations
that exceed current Part 201 generic residential cleanup criteria and screening levels
demonstrates that the subject property has been identified as a "facility," as defined by Part 201
of the NREPA.
Refer to Figure 2 for a site plan detailing the sample locations and concentrations of contaminants
identified in association with the subject property.
H. "Facility" Demonstration
The subject property meets the definition of a "facility" based on the detection of contaminants
in soil on the subject property at concentrations in excess of MDEQ Residential cleanup criteria.
The contaminants identified include:
Mercury Selenium
Copper Silver
Arsenic
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2. PROPERTY INFORMATION
A. Property Legal Description
The subject property consists of two parcels. Parcel 1 (tax identification number 61-24-205-574-
0001-10) will be purchased whole, and a portion of Parcel 2 (tax identification number 61-24-205-
574-0001-20) will be purchased. A legal description for the property being transferred and a
Property Identification Number have not yet been created.
B. & C. Survey Map, Property Tax Identification Number(s)
A scaled site map showing the subject property and sampling locations is presented as Figure 2.
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LEGEND
@ OEOPROBESAMPLELOCATION
OWIP GROUNDWATER SURFACE WATER INTERFACE PROTECTION
D'NP DRINKING WATER PROTECTION
DCP DIRECT CONTACT PROTECTION
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:u .... ~ 7 i1l 11;i.,) F' -. ~ ~Gl'
Qp.:,
: :'ii L>
..... GP~
PARCEL #61-24-20W74-0001-10
,® SCALE 1"" 150'
100 150
NOTE:
THIS IS NOT A PROPERn' OOUNDl
~~~~ra:~~~~i:~:o;~~U~=~Pfi~::t;:E~~~~D
VACANT PROPERTY
1000 WEST WESTERN AVE.
MUSKEGON, Ml 49441
SITE PLAN w/ SAMPLE
LOCATIONS
AND ANALYTICAL DATA
envirologic
;~:iJ~E~~~r~t:~~e~~ulting + services
KALA~AZOO, M ICH IGAN '90'8
P H:(269)3-42,1100 FA X : (289 ) 3-42,-48"5
2
D. Location Map
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------------------
T1 0 N . R. 17W.
MU S KEGON COUNTY
MUSKE GON, MICHIGAN
... VACANT PROPERTY 170175
~
1000 WE ST WE STER N AVE.
envirologic MUSKE GON , Ml 4944 1
0 500 1000 200 0 4000 I !~:!!~E~~;T~~1R~~;ulting + services
KALA MAZOO, M ICHI GA N ,eo,e
PH : (269) 3• 2·1100 FAX: (249)3•2·• 9•5
LOCATION MAP 1
SCAL E 1' • 200 0'
E. Property Location
The subject property is located at 1000 W. Western Avenue in the City of Muskegon.
F. Spatial Data
Table 1: Spatial Data
City/Village/ Quarter-
County Town Range Section Quarter Latitude Longitude
Township Quarter
City of
Muskegon 10 N 17 W 25 SE SE 43.229411 -86.266330
Muskegon
Latitude and Longitude information was obtained from interpolation of aerial photography.
8
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3. FACILITY STATUS
A. Analytical Table
Table 2: Summary of "Facility" Contaminants
Sample
Maximum
Hazardous Substance CAS Number Location Media Affected
Concentration
and Depth
Arsenic 7440382 8,300 µg/kg GP-5 @ 6 II
Soil
Copper 7440508 110,000 µg/kg GP-5@6" Soil
Mercury (total) Varies 170 µg/kg GP-7@6" Soil
Selenium 7782492 880 µg/kg GP- 8@3' Soil
Silver 7440224 980 µg/kg GP-7@6" Soil
B. Laboratory Analytical Data Sheets and Chain of Custody
The laboratory analytical data sheets are included in the November 7, 2017, Phase II ESA
completed by Envirologic, which is included in Appendix A of this Baseline Environmental
Assessment (BEA).
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4. IDENTIFICATION OF THE AUTHOR OF THE BEA
The following individuals have conducted this Baseline Environmental Assessment.
F+'G+"-#7+'$/#$;'$!'$/+'=+3$'!H'!C7')7!H+33%!&#-'K&!.-+G:+'#&G'=+-%+H;'.+'8++$'$/+'G+H%&%$%!&'!H'
5&6%7!&8+&$#-',7!H+33%!&#-'#3'G+H%&+G'%&'LMA?NA@'!H'$/%3')#7$N''F+'/#6+'$/+'3)+"%H%"'OC#-%H%"#$%!&3'
=#3+G'!&'+GC"#$%!&;'$7#%&%&:;'#&G'+P)+7%+&"+'$!'#33+33'#')7!)+7$1'!H'$/+'&#$C7+;'/%3$!71'#&G'
3+$$%&:'!H'$/+'3C=Q+"$')7!)+7$1N''F+'/#6+'G+6+-!)+G'#&G')+7H!78+G'#--'#))7!)7%#$+'%&OC%7%+3'%&'
"!&H!78#&"+'.%$/'$/+'3$#&G#7G3'#&G')7#"$%"+3'3+$'H!7$/'%&'R@'SJD'MA?N'
'
David A. Stegink
Associate Vice President Senior Environmental Scientist
David A. Stegink graduated from Hope College with a Bachelor of Science degree in
Chemistry/Biology and has over 30 years of environmental related experience. Mr. Stegink has
been a Project Manager for Envirologic since 1991. Between 1984 and 1991, Mr. Stegink served as
a Chemist and Operations Manager for a commercial hazardous waste treatment facility. Mr.
Stegink's expertise includes transactional environmental liability, property assessments including
Phase I and II ESAs, Baseline Environmental Assessments, Brownfield Redevelopment, hazardous
waste management, underground storage tanks, stormwater management, and environmental
policy and regulations.
Zach Curry
Project Scientist
Zach Curry worked under the supervision of Mr. Stegink. Mr. Curry holds an Associate's Degree in
Applied Arts and Science from Muskegon Community College and a Bachelor of Geology from Grand
Valley State University. He has conducted original research and field studies in a variety of settings
from glaciated Precambrian bedrock in Minnesota to sedimentary beds in Kentucky. Mr. Curry is
proficient with ArcGIS software to map and analyze geologic features.
Envirologic Technologies, Inc.
2960 Interstate Parkway
Kalamazoo, Michigan 49048
(269) 342-1100
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RESOLUTION NOTIFYING TAXING UNITS
AND CALLING PUBLIC HEARING REGARDING
APPROVAL OF AMENDMENT TO THE BROWNFIELD PLAN OF THE
CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY
Harbor West LLC
1000 West Western Ave.
City of Muskegon
County of Muskegon, Michigan
___________________________________
Minutes of a Regular Meeting of the City Commission of the City of Muskegon,
County of Muskegon, Michigan (the "City"), held in the City offices and virtually online, on
the 26th day of May 2020, at 5:30 p.m., prevailing Eastern Time.
PRESENT:
Members__________________________________________________________
__________________________________________________________________
ABSENT: Members
__________________________________________________________________
The following preamble and resolution were offered by Member
_________________ and supported by Member _________________:
WHEREAS, the City of Muskegon, County of Muskegon, Michigan (the "City") is
authorized by the provisions of Act 381, Public Acts of Michigan, 1996, as amended ("Act
381"), to create a brownfield redevelopment authority; and
WHEREAS, pursuant to Act 381, the City Commission of the City duly established
the City of Muskegon Brownfield Redevelopment Authority (the "Authority"); and
WHEREAS, in accordance with the provisions of Act 381, the Authority has prepared
and approved Brownfield Plan Amendments to include Harbor West LLC (1000 West
Western Ave.) and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendments to the
City Commission requesting its approval of the Brownfield Plan Amendments and
WHEREAS, prior to approval of the Brownfield Plan Amendments, the Muskegon
City Commission desires to hold a public hearing in connection with consideration of the
Brownfield Plan Amendments as required by Act 381; and
WHEREAS, prior to approval of the Brownfield Plan Amendments, the City
Commission is required to provide notice and a reasonable opportunity to the taxing
jurisdictions levying taxes subject to capture, to express their views and recommendations
regarding the Brownfield Plan Amendments.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Commission hereby acknowledges receipt of the Brownfield Plan
Amendments from the Authority and directs the City Clerk to send a copy of the proposed
Brownfield Plan Amendments to the governing body of each taxing jurisdiction in the City,
notifying them of the City Commission's intention to consider approval of the Brownfield Plan
Amendments [after the public hearing described below].
2. A public hearing is hereby called on the 9th of June, 2019 at 5:30 p.m.,
prevailing Eastern Time, in a virtual online meeting to consider adoption by the City
Commission of a resolution approving the Brownfield Plan Amendments.
3. All resolutions and parts of resolutions insofar as they conflict with the
provisions of this resolution be and the same hereby are rescinded.
AYES: Members
_______________________________________________________________________
_____________________________________________________________
NAYS: Members
__________________________________________________________________
RESOLUTION DECLARED ADOPTED.
_____________________________
Ann Meisch, City Clerk
WATCH MUSKEGON
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 26, 2020 Title: Lease – 292 West Western
Submitted By: Frank Peterson Department: City Manager
Brief Summary: City staff is seeking authorization to enter into a 5-year lease at 292 West
Western.
Detailed Summary: City staff is seeking approval to enter into a leasing agreement with
Sweetwater Development for approximately 6,800 square feet of retail space at 292 West
Western Avenue. Key terms include:
1. Possession and rent commencement 30 days after certificate of occupancy issued by
SAFEbuilt – currently estimated for July/August 2021.
2. Space finished to the level of “white box.”
3. 5- year term, with option to sublease or terminate to accommodate a private business
4. Rental rate of $17 per square foot, plus 17% of common area maintenance costs.
Note that any lease payments would be made beginning in FY 2021-22, and would be accounted
for as part of the budget development in May/June of 2021. The purpose of the initial lease is to
allow construction to commence while permanent tenants are identified.
Amount Requested: None at this time Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize the City Manager to enter into the lease agreement as
presented, and further authorize the City Manager to assign or sublet up to 100% of the leased
space per the terms of Section 23 of the Agreement.
Check if the following Departments need to approve the item first:
•
Police Dept. Fire Dept.
• •
IT Dept.
For City Clerk Use Only:
Commission Action:
LEASE OF SPACE IN COMMERCIAL BUILDING
LEASE AGREEMENT made and entered into this _ _ day of _ _ _ _ _ , 2020, by and
between:
SWEETWATER DEVELOPMENT PARTNERS, LLC
a Michigan limited liability company
22 S. Harbor Dr., Ste. 101
Grand Haven, Ml 49417
"hereinafter referred to as Lessor", and
THE CITY OF MUSKEGON
933 Terrace St.
Muskegon, Ml49440
"hereinafter referred to as Lessee"
WHEREAS, the City of Muskegon has committed to providing continued assistance in the
development of the Leonard Project 292 West Western Avenue by executing this Lease
Agreement; and
WHEREAS, the parties acknowledge that it is not the intent of the City of Muskegon to occupy the
space but rather to assign or sublet the premises; and
WHEREAS, it is the intention that the City of Muskegon's lease obligation and financial obligation
commence on the date a Certificate of Occupancy is issued by the City's Building Department for
the building.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
WITNESS ETH:
1. The Premises. The Lessor in consideration of the rents and covenants herein specified, does
hereby Let and Lease to Lessee that portion of Lessor's Premises located at 292 West Western
Ave., Muskegon, Michigan, and consisting of one (1) floor of the premises consisting of
approximately 6,800 square feet. The floor leased by Lessee shall be designated by Lessor on the
date of issuance of the Certificate of Occupancy. This floor shall consist of the designated
retail/commercial space within the premises.
2. Term. The term of this Lease shall commence thirty (30) days after a Certificate of Occupancy
is issued by the City of Muskegon's Building Department for the building and shall continue for a
period of five (5) years thereafter unless sooner terminated as provided by this lease. It is
specifically contemplated by the parties that the leased space, unless otherwise agreed to in writing
between the parties, shall not be ready for occupancy but shall be in a "white box" stage.
3. Compensation or Rent. Lessee shall pay to Lessor monthly rent of Nine Thousand Six Hundred
Thirty-three & 00/1 00ths ($9,633.00) Dollars in equal monthly installments in advance on the first
day of each month; where applicable the first and/or second months rent shall be adjusted so the
payments may be made on the first day of the month. The rent shall be payable at the office of the
Lessor or such other place as the Lessor may designate in writing . Any rent payment not paid by
the 10th of each month, if accepted by Lessor, shall be accompanied by a late payment fee in the
amount of Fifty ($50.00) Dollars per day for each and every day said payment is late subject to a
maximum late payment charge of Two Hundred Fifty ($250.00) Dollars per payment. Thereafter
the unpaid rent and late payment fee shall bear interest on the unpaid portion at the rate of 1.5%
percent per month.
4 . Additional Rent; Building Operating Expenses. In addition to the rent specified pursuant to
Paragraph 2 hereof, Lessee shall pay to Lessor, as additional rent, Lessee's pro rata share of the
general operating expenses for maintaining the building. Lessee is assigned 16.67% of the general
operating expense. For purposes of this Lease, the term "operating expenses" shall include the
following :
i. All property taxes and assessments; real , personal, general and special (except
personal property for any Lessees' property);
ii. Water bill, sewer bill, trash removal , common area lighting maintenance and
electricity, property management fees, maintenance services contracted for by
Lessor;
iii. General maintenance and repairs for building (including roof, elevator and parking
lot), seasonal maintenance contract, repairs or replacement of heating and air
conditioning equipment and utility services;
iv. Janitorial services, snow removal, landscaping and parking lot cleanup;
v. Insurance premiums;
vi. Repairs and general maintenance to common areas
The additional rent as provided herein shall be calculated by the Lessor periodically in an itemized
"operating expense bill" which shall be provided to the Lessee. The initial Building Operating
Expenses shall be estimated by the Lessor and shall be paid monthly as additional rent as provided
in Paragraph 3 herein. The Building Operating Expenses may be adjusted to reflect actual costs
upon sixty (60) days written notice by Lessor. On or before March 1st each year, the Lessee shall
be provided with an annual statement of actual Building Operating Expenses which shall be
reconciled with any Lessor billings.
5. Use of Premises. Lessee is granted the right during the term of this lease, or any renewals
hereof, to occupy and use the leased premises for any purpose meeting the zoning requirements
of the City of Muskegon. Lessor reserves the right to restrict other uses which may in the Lessor's
sole discretion, be in appropriate for the desired commercial nature of the property and/or in conflict
with another Lessee. In no event, shall the premises be used for any purpose which is unlawful
or contrary to regulations to which leased premises are subject or which would interfere, annoy or
disturb other lessees of the premises.
THE FOREGOING BASIC LEASE INFORMATION IS INCORPORATED INTO AND MADE A
PART OF THE LEASE, BUT DOES NOT CONSTITUTE THE ENTIRE LEASE. LESSEE
ACKNOWLEDGES THAT IT HAS READ ALL OF THE PROVISIONS CONTAINED IN THE
ENTIRE LEASE AND ALL OF THE EXHIBITS WHICH ARE A PART THEREOF AND AGREES
THAT THIS LEASE, INCLUDING THE BASIC LEASE INFORMATION AND ALL EXHIBITS,
REFLECTS THE ENTIRE UNDERSTANDING AND REASONABLE EXPECTATIONS OF THE
LESSOR AND LESSEE REGARDING THE PREMISES. LESSEE ALSO ACKNOWLEDGES THAT
IT HAS HAD THE OPPORTUNITY TO REVIEW THIS LEASE PRIOR TO EXECUTION AND TO
CONSULT LEGAL COUNSEL AND SUCH OTHER ADVISORS AS LESSEE DEEMS
APPROPRIATE. IN THE EVENT ANY CONFLICT EXISTS BETWEEN ANY BASIC LEASE
INFORMATION AND THE LEASE, THEN THE LEASE SHALL CONTROL.
2
LESSOR: LESSEE:
SWEETWATER DEVELOPMENT THE CITY OF MUSKEGON
PARTNERS, LLC
BY: BY:- - - - - - - - - - - -
-----------
1ts. Corey V. Leonard, Member Its.
3
LEASE OF SPACE IN COMMERCIAL BUILDING
The following constitutes the additional terms and conditions of the Lease of Space in Commercial
Building with Sweetwater Development Partners, LLC for the premises located at 292 West
Western Ave. , Muskegon, Michigan.
6. Signage. Lessee has the right to utilize twenty five (25%) percent of the allowable exterior
signage on the building in conformance with the sign ordinance for the City of Muskegon. All
interior signage shall be in conformance with the sign ordinance of the City of Muskegon.
7. Condition of Property. Lessee agrees to accept the property upon the issuance of a Certificate
of Occupancy for the premises by the City of Muskegon.
8. Personal Property Taxes. Lessee shall pay Lessee's personal property taxes which are
assessed or imposed upon Lessee's personal property or any part thereof.
9. Utilities. The Lessee shall pay all charges for all individually metered gas, electricity, light, heat,
power, water, sewer and telephone or other utility or communication service used, rendered , or
supplied upon or in connection with the leased property, and shall indemnify the Lessor against any
liability or damages on such account. Lessee shall also be responsible for water and sewage
charges which will not be separately metered but Lessee shall be responsible for payment of pro-
rata share water and sewage charges for the building (See Paragraph 3) which charges shall be
payable thirty (30) days from the date of invoicing by the Lessor. Lessee shall be responsible for
providing trash removal from dumpsters located outside the building and be responsible for
payment of said charges.
10. Maintenance: Alterations or Improvements. Lessee shall , at Lessee's sole expense , be
responsible for any alterations and improvements beyond those improvements in place and may
be made only with the prior written consent of Lessor.
Any further additions or improvements made by the Lessee after such consent shall have been
given, shall remain the property of Lessor without compensation to Lessee except that any fixtures
installed as a part thereof shall remain the property of Lessee upon expiration or other sooner
termination of this lease provided, however, that Lessor shall have the right to require Lessee to
remove such fixtures, additions or improvements. In the event of any such removal, Lessee shall
make all repairs necessitated by such removal so as to leave the premises in a like condition as
when taken except for ordinary wear and tear.
Lessee shall be responsible for all items of routine maintenance and general upkeep and repair of
interior of the leased premises. Lessor shall arrange for maintenance and repair of heating and
air conditioning units including and for the determination for the time of replacement of such units
as necessary. Lessor shall also arrange for all structural repairs, repairs to the exterior of the
building, including without limitation walls, roof and roofing, foundation, sidewalks, parking lots and
drive areas unless such repairs are necessitated due to the intentional acts or negligence of
Lessee or Lessee's invites in which event Lessee shall be responsible to reimburse Lessor for such
repairs. Lessee shall be responsible for and pay for loss, breakage and repairs of glass doors and
windows within its space.
11 . Hazardous Materials. Lessee shall not cause or permit any Hazardous Substance to be used,
stored, generated or disposed of on or in the premises by Lessee, Lessee's agents , employees,
contractors or invites, without first obtaining the Lessor's written consent. If Hazardous Substances
4
are used, stored, generated or disposed of on or in the Premises and the premises become
contaminated in any manner for which Lessee is legally liable, Lessee shall indemnify and hold
harmless the Lessor from any and all claims, damages, fines, judgments, costs, liabilities or losses
(including, without limitation, a decrease in value of the premises, and any and all sums paid for
settlement of claims, attorneys' fees, consultant and expert fees) arising during or after the term
of the Lease and as a result of such contamination by the Lessee. The indemnification includes,
without limitation, any and all costs incurred due to any investigation of the site and or any cleanup,
removal or restoration mandated by a federal, state or local agency or political subdivision. Without
limitation of the foregoing , if Lessee causes or permits the presence of any Hazardous Substance
on the Premises and such presence results in contamination, Lessee shall promptly, at its sole
expense, take any and all necessary actions to return the premises to the condition existing prior
to the presence of any such Hazardous Substance on the premises. Lessee shall first obtain
Lessor's approval for such remedial action.
As used herein, "Hazardous Substance" means any substance which is toxic, ignitable, reactive,
or corrosive and which is regulated by any local government, the State of Michigan or the United
States Government. "Hazardous Substance" includes any and all material or substance which are
defined as "hazardous waste", "extremely hazardous waste", or a "hazardous substance" pursuant
to local, state or federal government law. "Hazardous Substance" includes but is not restricted to
asbestos, polychlorobiphenyls ("PCB's") and petroleum.
Lessor warrants that neither Lessor, nor to Lessor's knowledge, has any third party used,
generated, managed, treated, or disposed of any regulated or environmentally hazardous
substance on, under or about the demised premises or transported any regulated or
environmentally hazardous substance to or from the demised premises. Lessor further warrants
that it has no knowledge of the presence of any regulated or environmentally hazardous
substances in, on or within reasonable proximity to the demised premises, nor of any existing
violations of any laws, rules, regulations, or ordinances, including without limitation, any
environmental laws against or upon the demised premises. Should Lessor or Lessee, during the
term of this lease, or any extensions thereof, become aware of the existence of any regulated or
environmentally hazardous substance being present on the demised premises, Lessor shall
promptly remove the source of said substance. If Lessor is unable, for any reason, to promptly
cure said condition , then Lessee may terminate said lease at Lessee's option. Lessor further
warrants that it will indemnify and hold Lessee harmless from any and all losses, claims, injuries,
or causes of action (including reasonable attorneys' fees) arising out of or caused by the existence
of any such hazardous or regulated substances, not created by or brought on the demised
premises by Lessees, during the term and any renewals of this Lease. This indemnification and
hold harmless provision shall survive termination of this Lease.
12. Mechanical Failures. Lessor shall not be liable for any damage on account of the stoppage
or failure of operation of any part of the electrical facilities , whether for necessary or desirable
repairs or improvements thereof, or occasioned by accident or other cause. All personal property
in the demised premises shall be at the risk of Lessee only, and Lessor shall not be liable for any
loss of or damage to said personal property, to the said premises or to Lessee arising from the
bursting , stopping or leaking of water, gas, sewer or steam pipes, the stoppage or failure of
operation of any part of the mechanical plant of the building, or heating, air conditioning, plumbing
or electrical facilities, or from any acts or neglect of co-tenants of other occupants of the building,
or any other persons.
5
13. Insurance.
a) Lessor shall, at Lessor's own expense, keep the said building insured in the name of Lessor
against loss and damage by fire or other casualties in the amount, in manner and in such
companies as shall be selected by Lessor.
b) Lessee shall, at its own expense, provide and keep in force: (i) workers compensation insurance
covering all its employees in at least the minimum amount required by Michigan law; (ii) general
public liability insurance protecting Lessee and Lessor against all claims for damages to persons
or property or for loss of life or of property occurring upon, in , or about the leased property, to such
limits as Lessor may reasonably, from time to time, require in respect to injuries to any one person,
in respect to any one accident or disaster or incident of negligence, and in any respect to property
damage. Limits of One Million ($1,000,000.00) Dollars in respect to injuries to any one person,
One Million ($1,000.000.00) Dollars in respect to any one accident or disaster or incidence of
negligence and Two Hundred Fifty Thousand ($250,000.00) Dollars in respect to property damage
are deemed reasonable as of the date hereof.
c) Lessee shall at its own expense, provide and keep in force such other insurance against
insurable hazards in such amount as may from time to time be required by Lessor, provided that
such insurable hazards are commonly insured against with respect to similar premises.
d) With regard to obtaining of any insurance, as above provided, Lessor shall cooperate in
obtaining insurance coverage by providing Lessee with plans, specifications, cost figures and other
relevant materials in Lessor's possession.
e) Every policy or policies of insurance issued pursuant to this paragraph will be issued by a
company or companies licensed in Michigan and will provide that such policy or policies will not be
canceled without the insurance company first giving Lessee written notice thereof at least ten (10)
days before such cancellation shall become effective. Lessee shall, provide Lessor with a
Certificate of Insurance showing Lessor as an additional insured within ten (10) days hereof.
14. Compliance With Law. Lessee shall comply with and shall observe all laws, ordinances, rules
and regulations of all public authorities relating to the use of the leased premises, and to the taking
of or the requirement for the installation of any permissible improvements thereon in compliance
with all lawful requirements of the Local Board of Fire Underwriters and any local Fire Code.
15. Quiet Enjoyment. Lessor covenants that Lessee, on payment of all the aforesaid installments
and performing all the covenants aforesaid, shall and may peacefully and quietly have, hold and
enjoy the said demised premises for the term thereof.
16. Repossession. In the event any rent or other sums shall be due and unpaid ten (1 O) days after
the due date, or if default be made by Lessee in any of the other conditions, covenants and
agreements herein contained, and Lessee shall fail to cure and correct such default within thirty
(30) days after written notice delivered by mailing thereof to Lessee by first class mail at the
demised premises, or any other designated address, then it shall be lawful for the Lessor to
exercise its rights under the Michigan Laws made and provided. A formal notice to quit prior to
proceedings for possession shall not be deemed to be a termination or cancellation of the Lease,
notwithstanding that said notice by its terms purports to terminate the Lease but the same shall be
deemed as notice for repossession. In case of default of any of the covenants herein contained ,
if default shall not have been corrected as hereinabove provided, and after demand for possession
by Lessor, Lessor shall have the right immediately to enter summary proceedings under the
6
statutes of Michigan for the recovery of possession of said premises. Lessee agrees to pay all
reasonable costs (including actual and reasonable attorney fees) incurred by Lessor as a result of
a successful recovery of possession of the premises or action to enforce the terms·of this lease
due to any default of the Lessee.
17. Eminent Domain. If the leased premises are taken by a public authority under the power of
eminent domain, Lessee shall be entitled to a pro rata refund of any rent paid in advance. Lessor
and Lessee, in any condemnation proceedings, shall each be entitled to recover their own
damages in any such condemnation proceedings and to furnish any and all information that Lessor
may request in such attempt and provided further that Lessor agrees to cooperate with Lessee in
Lessee's attempt to recover damages in any such condemnation proceedings and to furnish all
information that Lessee may request in such attempt.
18. Waiver; No Subrogation. Lessor shall not be liable to Lessee or those claiming by, through
or under Lessee for any injury to or death of any person or persons or the damage to or theft,
destruction, or loss of use of any property caused by casualty, theft, fire or third parties, or by any
other matter beyond the reasonable control of the Lessor, or for any injury, damage or
inconvenience which may arise through repair or alteration of the part of the premises, or the failure
to make repairs or from any other cause, except if such loss is caused by the Lessor's gross
negligence or willful misconduct. Lessor and Lessee each waive any claim it might have against
the other for any damage to or theft, destruction, loss or loss of use of any property, to the extent
the same is insured against under any insurance policy that covers the premises or the Lessors
or Lessees fixtures, personal property, leasehold improvements or business as required to be
insured against under the terms hereof, regardless of whether the negligence or fault of the other
party caused such loss. Lessee shall cause this insurance carrier to endorse all applicable policies
waiving the carriers right of recovery under subrogation or otherwise against the Lessor.
19. Fire and Other Casualty. In the event the building on the leased premises or any other building
located thereon shall be damaged by fire or by the elements or other casualty, Lessor, at Lessor's
sole discretion may with Lessee's assistance, reconstruct, repair or rebuild to the extent necessary
to make the same substantially similar in character and value of the building so damage: provided,
however in the event such loss shall render the buildings totally unusable to the extent that
business cannot be conducted therein by the Lessee rent shall abate until said buildings shall have
been put back in condition substantially similar to their condition immediately prior to said loss:
provided, if this building is partially destroyed by fire or the elements or other casualty, and are not
rendered totally unusable by Lessee, the Lessee shall pay such proportion of the rental herein
provided as the part of the buildings that may be used for the business of the Lessee bears to the
whole thereof. If said damage shall occur in the last ninety (90) days of the last renewal term, this
lease shall terminate as of the date of said damage.
20. Default. Lessee shall observe and perform all of the covenants and conditions contained
herein and if default shall be made by the Lessee in the payment of rent or if the Lessee shall fail
to perform any other of said covenants or conditions or if said leased premises shall be deserted
or vacated by Lessee, the Lessor may, thirty (30) days or more after notice in accordance with
Paragraph 13 without Lessee securing any such non-payment of rent or default, exercise its right
under Michigan Laws made and provided. All rentals and other sums due Lessor hereunder shall
immediately become due and payable.
Lessee agrees that if the estate created herein shall be taken in execution, or by other process of
law, or if Lessee shall be declared bankrupt or insolvent, according to law, or any receiver be
appointed for the business and property for the benefit of creditors, then and in such event this
7
lease may be canceled at the option of Lessor. In the event Lessor shall obtain possession by
re-entry, summary proceedings, otherwise, Lessee agrees to pay Lessor any expenses and
commissions which may be paid in or about the letting of the same and all other losses or damages
incurred by Lessor.
21. Rules and Regulations. Lessor reserves the right to adopt from time to time such rules and
regulations for the operation of the building and with respect to the activities of all persons thereon
as are customary for buildings of this character and are not inconsistent with the provisions of this
Lease. Written notice of any and all rules shall be give by Lessor to Lessee. Lessee and its
agents, employees, invites and licensees shall comply with all such rules and regulations provided,
however, that nothing herein shall be construed to impose a duty upon Lessor to enforce such rules
and regulations, or the provisions of any other Lease, against any other tenant of the building, and
Lessor shall not be liable for any violation thereof by any Lessee, its agents, employees, invites or
licensees.
22. Attorney Fees. In the event of any default in the payment of any sums due hereunder or any
other default of this Lease Agreement and the failure by Lessee to cure said default as provided
in the Lease, then the Lessee agrees to pay any and all costs and expenses of enforcing the
Lease, including actual and reasonable attorney fees (whether or not legal proceedings are
commenced), and including all other costs and expenses incurred with respect to enforcement of
the Lease or collection of sums due hereunder.
23. Assignment or Subletting. It is specifically contemplated by this agreement that Lessee will
assign or sublet the premises. Any assignment or subletting of the premises shall be subject to the
reasonable approval of Lessor that the business of any Sublessee or Assignee is consistent with
the other businesses located in the premises and has the financial ability to fulfill the Lease
obligations .. Upon the event of such assignment or subletting, the Lessee shall be released from
performance of all obligations under this lease.
24. Right of Entry. During the last ninety (90) days of any lease term so long as an applicable
option to renew shall not have been exercised by Lessee, or if Lessee continues to be a holdover
tenant, Lessor may display in and about the demised premises "For Rent" or "For Sale" signs and
may have reasonable access to the demised premises for the purpose of exhibiting same to
prospective tenants.
25. Severability. Any paragraph, clause or condition herein which shall be declared by any court
to be ineffective and/or unenforceable, shall be stricken from this agreement and this agreement
shall be operative and constructed as if such stricken clause, paragraph and/or condition shall not
have been included in this agreement in the first event.
26. Notice. Any notice required to be given in writing under the provisions of this lease shall be
deemed to be delivered if given personally to the party entitled to such notice or if deposited in the
U.S. mail and addressed with business address of the party entitled to such notice with postage
thereon fully prepaid.
27. Waiver. One or more waivers of any covenant or condition by Lessor shall not be construed
as a waiver of Lessor's duties under this lease.
#4642-024
8
WATCH MUSKEGON
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 26, 2020 Title: Expanded Use of Public Property
During COVID-19 Emergency
Submitted By: Ann Meisch Department: City Clerk
Brief Summary:
Due to the COVID-19 pandemic and limited occupancy businesses are facing, staff is requesting
approval to administratively review and approve requests from City businesses to expand seating
and retail areas onto portions of public property.
Detailed Summary:
The COVID-19 pandemic has affected businesses across the City in unprecedented ways. It is
anticipated that businesses will be allowed to re-open in our region soon. Current guidance and
executive orders are indicating that when businesses re-open they will be faced with reduced
occupancy limits. Many businesses, especially restaurants and bars, operate on slim profit margins
and depend on their normal occupancy levels to remain profitable.
Communities across the country are pursuing various ways to allow businesses to gain additional
occupancy by expanding outdoors. While businesses would still be required to maintain proper
social distancing standards outdoors, this can allow customers to be in an open-air setting which is
believed to carry less risk while also allowing the business to make up some of their lost indoor
seating or retail space.
Many businesses across the City are contiguous to public property and the City has a unique
opportunity to allow businesses to expand their footprint onto public property, including sidewalks,
parking spaces, and streets.
The Michigan Liquor Control Commission (MLCC) has changed their rules to allow for a “Limited
Permanent Outdoor Service Area”. Recently, 18th Amendment has approached the City and asked
for approval to use public property to expand their seating area, including the use of the street. The
MLCC’s application requires local governmental authorization to use the public property as part of
the application review. These applications are only approved through the fall season and expire
October 31, 2020.
It is anticipated that other liquor license holders will also wish to use public property to expand. It is
also anticipated that additional restaurants or retail businesses will also wish to do the same.
Staff is recommending that we allow interested businesses to request approval to expand onto
public property in order to help them get closer to or reach their normal occupancy level. This could
include city streets in some areas. Due to every day being critical to business success this summer
and fall, staff is requesting your approval for staff review and approval of these requests.
Each business owner would be required to list the City as an additional insured and submit a site
plan showing their requested use of public space. The site plan would need to include how
pedestrian traffic and ADA accessibility will be maintained. Those requesting approval of public
space for liquor purposes will be required to follow all MLCC rules related to securing the approved
area with barriers, monitoring exits, and intoxicated persons.
The Directors of Public Safety, Development Services, Public Works, and City Manager will review
each request for approval.
Attached is a proposed plan to use public space along Western Ave between 2 and 3rd as well as
4th and 5th. Other areas of the Downtown and City are also open to review. Staff recognizes that
not all businesses may be able to be accommodated or expand onto public property but staff’s
goal is to be as flexible as possible to support as many businesses that wish to make a request.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion:
To authorize City staff to approve reasonable use of public property to allow business owners to
expand their seating or retail footprint during the COVID-19 virus protection period in the summer and
fall of 2020, provided the Directors of Public Safety, Municipal Services, Public Works, and City
Manager concur on the approval, and the approvals expire October 31, 2020.
Check if the following Departments need to approve the item first:
Police Dept.
•
Fire Dept.
•
IT Dept.
•
For City Clerk Use Only:
Commission Action:
B
P
Blue = Increased
pedestrian area
and outdoor dining.
Green =
Emergency
services and
vehicular access
Barricade.
Pedestrians Only
Barricade with opening
for Emergency Services
Blue = Increased pedestrian
area and outdoor dining.
Green = 12 FT wide clear path for
pedestrians / emergency services
Barricade with opening
for Emergency Services
~
I
[
+
7
r
r
•
•
•
•
'?J' l),ro<,J JNoC e
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!Jax:\ {<1.P 'bf l'e_~C,Q
WATCH MUSKEGON
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 26, 2020 Title: Purchase Agreement 1188 4th St
Submitted By: Frank Peterson Department: City Manager
Brief Summary: City staff is seeking authorization to enter into the attached purchase agreement.
Detailed Summary: 1188 4th Street was a regular area of concern among neighbors. In an attempt to help
mitigate the concerns, the City purchased the property and completed a renovation. The property was listed
on the MLS for $229,900; an offer was accepted for $225,000. Staff is seeking permission to approve the
purchase agreement and complete the sale. Note that this property is part of the scattered site brownfield
project. Any difference in sales price and renovation cost will be recovered via tax capture.
Amount Requested: None at this time Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize the City Manager sign the purchase agreement and complete the sale.
Check if the following Departments need to approve the item first:
Police Dept.
• Fire Dept.
• IT Dept. •
For City Clerk Use Only:
Commission Action:
dotloop signature verification: dtlp.us/1lzh-HddD-QdjI
WEST MICHIGAN REGIONAL PURCHASE AGREEMENT lf7
# _ _ __
DATE: _ _ _ _ _ _ 05/21/2020 -======._____ _____ (time) 20017194
MLS # _ _ _ _ _ __ _ __
Nexes
SELLING OFFICE: _ _ _Realty
___ Inc.
_ _ _ __ _ __ 6505286876
BROKER LIC .#: _ _ _ _ __ _ REALTOR® PHONE: 286-9461
_ _ _ _ __ _ __
LISTING OFFICE: CB Woodland Schmidt REAL TOR® PHONE: 557-9803
1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's
acceptance of any
counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any
reference to "days"
in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective
Date. Any
reference to "time" refers to local time.
2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read
and signed the Disclosure
Regarding Real Estate Agency Relationships. The selling licensee is acting as (check one):
D Agent/Subagent of the Seller lliZI Buyer's Agent D Dual Agent (with written , informed consent of both Buyer and Seller)
D Transaction Coordinator
Primary Selling Agent Name: __
Scott
___ Bodenberg
_ _ _ _ _ _ _ __ _ _ _ Email: _
sbodenberg@nexesrealty. 6501374644
_ _ _ __ __ _ _ = ,,_ic.#: - -- - -~
Alternate Selling Agent Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Email: _ _ _ _ _ _ _ _ _ _ _ Lic.#:
_ _ _ _ __
3. Seller's Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
~ Buyer has received Seller's Disclosure Statement, dated _ 05/12/2020
_ _ _ _ ______ . Seller certifies to Buyer that the Property
is currently in the same condition as Seller previously disclosed in that statement. Seller agrees to inform Buyer in
writing of any
changes in the content of the disclosure statement with respect to the structural/mechanical/appliance systems prior
to
D Buyer has not received Seller's Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior toclosing. receipt
of the Seller's Disclosure Statement. Once Buyer has received the Seller's Disclosure Statement, Buyer may
terminate this
Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours
if received by
registered mail. Exceptions:
4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which
is hereby
attached and will be an integral part of this Agreement.
5. Property Description: Buver offers to buv the orooertv locatP.rl in thP.
_ _ _ _ _ _ _ _ _ _ __ _ _ __ - -Muskegon
Muskegon
10 City Village •
D Township of
- -- - -~ = =~ _ _____ County, Michigan, commonly known as
_ _4th
1188 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ St./Ave.,49441 _____ _. Zip Code, with the following legal or tax description:
City of Muskegon Revised Plat of 1903 W 92 FT Lot 8 BLK 367
PP#_24205367000800
_ _ _ _ _ _ __ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ __
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number)_n/a_ _ _ __ division(s) under Section 108(2), (3), and
(4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections
referenced above
stays with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available
divisions in
excess of the number stated; however, Seller and/or REAL TOR® do not warrant that the number of divisions
stated is actually
available.) If this sale will create a new division, Seller's obligations under this Agreement are contingent on
Seller's receipt of
municipal approval on or before_ _ _ _ _ _ _ _ _ _ _ _ _ _ , of the proposed division to create the Premises.
6. Purchase Price: Buver offers to buv the Prooertv for thP. ~11m nf !t .225,000.00
Two Hundred and Twenty-five Thousand and 0/100--------- ·- - - - - - - - - - - - -
U.S. Dollars
7. Seller Concessions, if any: NONE
8. Terms: The Terms of Purchase will be as indicated by "X" below: (Other unmarked terms of purchase do not apply.)
SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms
specified below
are currently available to Buyer in cash or an equally liquid equivalent.
If the Property's value stated in an appraisal obtained by Buyer or Buyer's lender is less than the Purchase Price,
Buyer shall within
three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which
case Buyer shall
receive a refund of Buyer's Good-Faith Deposit, or 3) proceed to close the transaction at the agreed Purchase Price.
D CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual
Agent
verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information
to Seller
and/or Seller's Agent. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10)
days after the
Effective Date of this Agreement.
0 NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buver's
ability to
obtain a Conventional---,---,-- type - -- -- -
·- ~~-...,.....-; 30= ~(year) mortgage
in the amount of _ _ _ _ _80 _ _ % of the
Purchase Price bearing interest at a rate not to exceed. 4.5 % per annum (rate at time of loan application), on or
before the date the sale is to be closed . Buyer agrees to apply ror a mortgage loan, and pay all fees and costs
customarily
charged by Buyer's lender to process the application, within _ __ 2_ _ days after the Effective Date, not to impair
the Buyers'
credit after the date such loan if offered. D Seller ~ Buyer will agree to pay an amount not to exceed $_ 100.00
_ _ _ _ _ __ _
representing repairs required as a condition of financin . Buyer ~ agrees
©Copyright, West Michigan REALTOR® Associations
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Buyer's AgenUDual Agent to obtain information from Buyer's lender regarding Buyer's financing, and consents to
Page 2 of 6 lf7
the disclosure
of this information to Seller and/or Seller's Agent.
Exceptions:
0 SELLER FINANCING (check one of the following): 0 CONTRACT or O PURCHASE MONEY MORTGAGE
In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective
Date . If
the credit report is unacceptable to the Seller, the Seller shall have the right to terminate this offer within 48 hours
of Seller's
receipt, or if Buyer fails to provide said credit report to Seller within the time frame allotted, the Seller shall have
the right to
terminate this offer within 48 hours. Seller is advised to seek professional advice regarding the credit report.
$_ _ _ _ _ _ _ _ _ upon execution and delivery of a _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ __
form (name or type of form and revision date), a copy of which is attached, wherein the balance of$ _ _ _ _ _
_ _ _ __
will be payable in monthly installments of $_ _ _ _ _ _ _ _ _or more including interest at_ _ _ _ _ _%
per annum,
interest to start on date of closing, and first payment to become due thirty (30) days after date of closing . The
entire unpaid
balance will become due and payable_____months after closing. Any appraisal required by Buyer shall be
arranged and
paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:
O EQUITY (check one of the following): O Formal Assumption or O Informal Assumption
Upon execution and delivery of: •
Warranty Deed subject to existing mortgage OR D
Assignment of Vendee Interest
in Land Contract, Buyer to pay the difference (approximately$ _____ _____ _ ) between the Purchase
Price above
provided and the unpaid balance (approximately$_ _ _ _ _ _ _ _ _ ) upon said mortgage or land contract,
which Buyer
agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for
payment of
future taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer
within ten
(10) days after the Effective Date of this Agreement. Exceptions:
0 OTHER:
9. Contingencies: The Buyer's obligation to consummate this transaction (check one):
10 IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
O IS CONTINGENT UPON CLOSING - is contingent upon closing of a sale or exchange of Buyer's property located at:
-----------------------------------------
on or before
A copy of Buyer's agreement to sell or exchange that property is being delivered to Seller along with this offer.
0 IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and
the closing
of a sale or exchange of Buyer's property located at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ __
_ _ _ _ _ _ _ _ _ _ _ _ _ on or before_ _ _ _ _ _ _ _ _ _ _ _ _ . Seller will have the right
to continue to
market Seller's Property until Buyer enters into a binding agreement to sell or exchange Buyer's property and delivers
a copy
thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser
on such
price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate,
Buyer will be
notified promptly, and Buyer's deposit will be refunded. Exceptions:
10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with
the Property. All
improvements and appurtenances are included in the Purchase Price, if now in or on the Property, including
the following: all
buildings; landscaping; attached smart home devices; lighting fixtures and their shades and bulbs; ceiling fans;
hardware for
draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage disposal and drop-in
ranges; wall
to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached shelving; attached
work benches;
stationary laundry tubs; water softener (unless rented); water heater; incinerator; sump pump; water pump and
pressure tank;
heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including
add-on heating
stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached;
liquid heating
and cooking fuel tanks if owned by Seller; TV antenna and complete rotor equipment; satellite dish and necessary
accessories and
complete rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings;
installed
basketball backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment,
including
collars; detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings
and bulbs;
garage door opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also
includes:
but does not include:
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11 . Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession,
except that the tank(s) may be empty only if now empty. Further, the Seller is precluded from removing fuel from tank(s) other than
what is expended through normal use. Exceptions:
12. Assessments (choose one):
If the Property is subject to any assessments
121 Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing
(regardless of any installment arrangements), except for any fees that are required to connect to public utilities.
D Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall
assume and pay all other installments of such assessments.
13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all
taxes billed after those addressed below.
Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real
property tax information is available from the appropriate local assessor's office. Buyer should not assume that Buyer's future tax
bills on the Property will be the same as the Seller's present tax bills. Under Michigan law, real property tax obligations can change
significantly when property is transferred.
D No proration. (Choose one):
D Buyer D Seller will pay taxes billed summer_ _ _ _ _ (year);
D Buyer D Seller will pay taxes billed winter_ _ _ _ _ _ (year);
~ Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax
payment and prorated to the date of closing with Seller paying for January 1 through the day before closing.
D Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): D advance. D arrears.
Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing.
Exceptions:
14. Well/Septic: Within ten (10) days after the Effective Date, the Seller will arrange for, at Seller's expense, an inspection of the
primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and septic systems in use
on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or other local
governmental authority, if applicable) protocol. Seller will also follow any governmental rules regarding pumping of tanks.
Where no county or government protocol is in place, Seller will arrange for, at Seller's expense, well and septic inspections (as
referenced above) by a qualified inspector and Seller will have the septic tank(s) pumped at Seller's expense.
If any report discloses a condition unsatisfactory to Buyer, or doesn't meet county standards that are a condition of sale, Buyer
may, within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and
receive a refund of Buyer's good-faith deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If
Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the
well/septic as-is. Seller will respond in writing within three (3) days to Buyer's request. If Seller fails to respond or to arrive at a
mutually agreeable resolution within three (3) days after Seller's receipt of Buyer's proposal, Buyer will have three (3) days to
provide written notice of termination of this Agreement and receive a refund of any applicable good-faith deposit. If Buyer fails to
terminate the contract, Buyer will proceed to closing according to the terms and conditions of this Agreement. Exceptions:
15. Inspections & Investigations:
Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at
Buyer's expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will
be Buyer's responsibility and expense. In the event of VA financing, Seller will pay for the inspection for termites and other
wood destroying insects.
Investigations: It is Buyer's responsibility to investigate (i) whether the Property complies with applicable codes and local
ordinances and whether the Property is zoned for Buyer's intended use; (ii) whether Buyer can obtain a homeowner's insurance
policy for the Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone.
All inspections and investigations will be completed within ten (10) days after the Effective Date. If the results of Buyer's inspections
and investigations are not acceptable to Buyer, Buyer may, within the above referenced period, by written notice to Seller, either
terminate this Agreement and receive a refund of Buyer's good-faith deposit, or make a written proposal to Seller to
1188 4th Street Muskegon, MI 05/21/2020
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correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then
Buyer will be deemed to have accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept
Buyer's proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three
(3) days after Seller's receipt of Buyer's proposal, Buyer shall have three (3) days to provide written notice of termination of this
Agreement and receive a refund of any applicable good-faith deposit. If Buyer fails to terminate this Agreement within said three (3)
day period, Buyer will be deemed to accept the Inspections & Investigations and will proceed to closing according to the terms and
conditions of this Agreement.
D Buyer has waived all rights under this Inspections & Investigations paragraph.
16. Municipal Compliances: The Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke
detector ordinances, if applicable.
17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas
and other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record . An expanded
coverage AL TA Homeowner's Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and
furnished to Buyer at Seller's expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a
real estate tax status report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if
an expanded policy is not applicable, then a standard AL TA Owners' Policy of Title Insurance shall be provided.
If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller,
either terminate this Agreement and receive a refund of Buyer's good-faith deposit, or make a written proposal to Seller to correct
those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer's
proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days
after Seller's receipt of Buyer's proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement
and shall receive a refund of any applicable good-faith deposit. If Buyer fails to terminate this Agreement within said three (3) day
period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions
of this Agreement. Exceptions: I
Buyer's side to c ose at
Nexes Title Agency, Inc.
18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property
and the location of improvements thereon.
D Buyer D Seller {check one) shall obtain and pay for a boundary survey, certified to Buyer, with iron corner stakes and with
improvements and easements located on a map of survey.
10 No survey.
When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such
improvements thereon.
Exceptions: Seller to provide a Survey if available
19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may
provide additional protection and benefit to the parties. Exceptions:
20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien
assumed by Buyer; will all be adjusted to the date of closing.
21. Closina: If aareeable to both parties, the sale will be closed as soon as closing documents are ready, but not later than
06/17/2020
_ _ _ _ _ _______ . An additional period of fifteen (15) days will be allowed for closing to accommodate the
correction of title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required
inspections/repairs. During this additional period, the closing will be held within 5 days after all parties have been notified that all
necessary documents have been prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the
case of VA financing where the Seller will pay the entire closing fee. Exceptions:
22. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to
be delivered to Buyer, subject to rights of present tenants, if any.
[li::I At the completion of the closing of the sale.
D At D a.m . D p.m. on the _ _ _ _ _ _ day after completion of the closing of the sale, during which time
Seller will have the privilege to occupy the Property and hereby agrees to pay the Buyer $_ _ _ _ _ _ _ _ _ as an occupancy
fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds.
If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer
as liquidated damages $_ 250.00
_ _ _ _ __ _ _ _ __,..er day plus all of the Buyer's actual reasonable attorney's fees incurred in
removing the Seller from the Property.
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If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and
mechanical systems at the Property. However, any repairs or replacements necessitated by Seller's misuse, abuse, or neglect of
any portion of the Property will be Seller's responsibility and expense.
On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all
personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment
on all utilities, and shall deliver all keys to Buyer. Exceptions:
23. Good-Faith Deposit: For valuable consideration , Buyer gives Seller until _ 1:00pm
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (time) on
05/22/2020
_______ _______ (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted
by Seller, will constitute a binding Agreement between Buver and Seller. A Good-Faith Deposit in the amount of
2,000.00
$..,....,...-,---=-=--,------=:-:-----==-=-- shall be submitted to_
Nexes
_ _Realty
___ Inc.
_ _ _ _ _ _ _ _ _ (insert name of broker, title company, other)
within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Good-Faith Deposit is
not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this Agreement until such
time as the Good-Faith Deposit is received . If Seller terminates this Agreement under this provision, Seller waives any claim to the
Good-Faith Deposit. If this offer is not accepted or if the sale is not closed due to a failure to satisfy a contingency for a reason other
than the fault of Buyer, the good-faith deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement, the
Broker holding the deposit will notify Buyer and Seller, in writing, of Broker's intended disposition of the deposit. If the parties do not
object to such disposition in writing within fifteen (15) days after the date of Broker's notice, they will be deemed to have agreed to
Broker's proposed disposition; if a party objects and no mutually agreeable disposition can be negotiated, Broker may deposit the
funds by interpleader with a court of proper jurisdiction or await further actions by the parties. In the event of litigation involving the
deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as determined by the court, will reimburse
the other for reasonable attorneys' fees and expenses incurred in connection with the litigation, and will reimburse the Broker for any
reasonable attorneys' fees and expenses incurred in connection with any interpleader action instituted.
24. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional
advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the
legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends
to Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of
the sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or
statement made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property
or this sale transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a
disclosure statement separately signed by the Seller.
25. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with
respect to this transaction (when closed) are not confidential, will be disclosed to REAL TORS® who participate in the applicable
Multiple Listing Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its
business.
26. Other Provisions:
27. Mergers and Integrations: This Agreement is the final expression of the complete agreement of the parties and there are no oral
agreements existing between the parties relating to this transaction. This Agreement may be amended only in writing signed by the
parties and attached to this Agreement.
28. Fax/Electronic Distribution and Electronic Signatures: The parties agree that any signed copy of this Agreement, and any
amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent
evidence of its contents to the same effect as an original signed copy. The parties further agree that an electronic signature is the
legal equivalent of a manual or handwritten signature, and consent to use of electronic signatures.
29. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic
communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers'
license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
to steal funds or use your identity.
30. Buyer's Acknowledgment: Buyer hereby acknowledges receipt of a copy oftµ.h.!..!:is.!..CA,l.lq.l.lre;..1eamuew:•U Jt~----- --------,
Buyer 1 Address _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~X~ Lauren Biksacky dotloop verified
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UW0G-FOJT-RLXF-MLYD Ir
Buyer 1 Phone: (Res.)_ _ _ _ _ _ _ (Bus.) _ _ _ _ _ _ _ __
Print name as you want it to appear on documents.
Buyer 2 Address _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _X_______ _______ ____ Buyer
Buyer 2 Phone: (Res.)_ _ _ _ _ _ _ (Bus.) _ _ _ _ _ _ _ __
Print name as you want it to appear on documents.
1188 4th Street Muskegon, MI
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©Copyright, West Michigan REALTOR® Associations
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05/22/2020
DATE:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (time)
31. Seller's Acceptance: The Above Offer is Hereby Accepted: LI As written. • As written except:
Counteroffer, if any, expires_ _ _ _ _ _ _ _ _ _ _ _ _ , at._____ ___ (time). Seller has the right
to withdraw this
counter offer and to accept other offers until Seller or Seller's Agent has received notice of Buyer's acceptance.
32 . Certification of Previous Disclosure Statement: Seller certifies to Buver that the ProP.erty is currently in
the same condition as
disclosed in the Seller's Disclosure Statement dated no changes ·heck one): IQ Yes D No. Seller agrees to inform the
Buyer in writing of any changes in the content of the disclosure statement prior to closing .
33. Notice to Seller: Seller understands that.consummation of the sale or transfer of the Property described in this Agreement
will not
relieve the Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless
otherwise agreed
to by the lender or required by law or regulation . The parties to the transaction are advised that a Notice to
Seller & Buyer of
Underlying Mortgage form is available from the respective agents via the West Michigan REAL TOR® Boards.
34. Listing Office Address:.133 Seaway Dr, Muskegon 49444 6507294351
Listing Broker License# ::=.===== ~~~---,
Mary
Listing Agent Name: - - - -Jamieson
---~= & Charlotte
==== Barnes Evans Listing Agent License # 6505157435/659142319
======c-
35. Seller's Acknowledgment: Seller has read this Agreement and acknowledges
U.S. Citizen? D Yes D No*
City Manager, City of Muskegon
Seller's Address 933 Terrace Street , Muskegon MI 49440 Print name as you want it to appear on documents.
--------------------·
X_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Seller
U.S. Citizen? D Yes D No*
Seller's Phone: (Res.)_ _ _ _ _ _ _ (Bus.) _ _ _ _ _ _~ - -
Print name as you want it to appear on documents.
*If Seller(s) is not a U.S. Citizen , there may be tax implications and Buyer and Seller are advised to seek professional
advice.
DATE: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (time)
36. Buyer's Receipt/Acceptance: Receipt is hereby acknowledged by Buyer of Seller's acceptance of Buyer's
offer. In the event the
acce~t~nce was subject to certain changes from Buyer's offer, Buyer agre1° to O * ·1 1 11 11 ' ' 'l'tions
remaining unchanged.
L....--- -------- ----=== -_..,ye r
X_____ _____ _____ __ Buyer
DATE: (tj[eer)
37. Seller's Receipt: Seller acknowledges receipt of Buyer's acceptance of coun'L -------- -----==
===--- '-
X_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Seller
1188 4th Street Muskegon, MI 49441
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 2/19
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