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CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 14, 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. Notice of Intent Resolution – Capital Items including Central Dispatch
Finance
C. Human Resources Services Agreement EEO & Employee Relations
D. Setting Infill Housing Project Brownfield Public Hearing Economic
Development
E. Sale of House at 254 W. Southern Avenue Planning
F. LMC Loan Agreement Loan # 41 Public Safety
G. Muskegon Central Dispatch Tower Site Lease Agreement Public
Safety
H. Marina & Launch Ramp Parking Ordinance Amendments Public
Safety
I. Approval of Sale: City Home at 567 Leonard Avenue Community and
Neighborhood Services
J. West Urban Properties Agreement City Manager – REMOVED FOR
FUTURE CONSIDERATION
K. Purchase Agreement 1188 4th Street City Manager – REMOVED PER STAFF
REQUEST
□ PUBLIC HEARINGS:
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□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
□ ANY OTHER BUSINESS:
□ 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
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 14, 2020 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the June 23, 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 MEETING
JUNE 23, 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, June 23, 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.
HONORS AND AWARDS:
A. Presentation by Public Safety Director
Police Chief, Jeffrey Lewis, presented information to the City Commission
regarding the potential purchase and use of body cameras for the Muskegon
Police Department.
2020-37 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the June 8, 2020 Worksession
and June 9, 2020 Regular City Commission meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. Electric Assisted Bikes Public Safety
SUMMARY OF REQUEST: Seeking City Commission authorization for the purchase
of two electric assist bikes, one carrier and assembly fees. These bikes are
intended to assist in addressing the spike in crime being seen during the COVID-
19 crisis as well as protecting the health and safety of City residents. Federal
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Grant BJA FY20 Coronavirus Emergency Supplemental Funding Program monies
will reimburse the purchase of the bikes, carrier and assembly fee, leaving the
cost for the City at zero dollars. The Coronavirus grant was awarded to
Muskegon Police Department on May 30, 2020.
AMOUNT REQUESTED: $9,827
AMOUNT BUDGETED: Grant Fund Reimbursement
FUND OR ACCOUNT: 101-40301-5720
STAFF RECOMMENDATION: Acknowledge pre-approved grant funding to
purchase the two Electric Assisted Bikes (EAB) and related accessories for the
quoted amount of $9,827.
C. MUPD Radar Message Trailer Public Safety
SUMMARY OF REQUEST: Seeking City Commission authorization for the purchase
of a Speed Alert Radar Message Trailer to provide the community with speed
feedback, messages specific to vehicle speeds, and messages related to the
COVID-19 pandemic. This is a versatile tool for both traffic calming and public
health and safety information dissemination . Federal Grant BJA FY20
Coronavirus Emergency Supplemental Funding Program monies will reimburse
this purchase leaving the cost for the City at zero dollars. The Coronavirus grant
was awarded to Muskegon Police Department on May 30, 2020.
AMOUNT REQUESTED: $15,585.00
AMOUNT BUDGETED: Grant Fund Reimbursement
FUND OR ACCOUNT: 101-40301-5720
STAFF RECOMMENDATION: To acknowledge the pre-approved grant funded
purchase of one Speed Alert Radar Message Trailer for the quoted amount of
$15,585.00
D. Amendment to the Docks PUD Planning
SUMMARY OF REQUEST: Request to amend the Planned Unit Development at
1875 Waterworks Road; 1490 Edgewater Street; and 3400, 3460, 3474 Wilcox
Avenue, by Damfino Development, LLC.
The proposed changes in this plan are:
• The elimination of the boardwalk and platform in Muskegon Lake.
• The beach will be removed and be replaced with a buildable lot.
• Lot #70 (now #71) is increased in size.
• A new beach would be placed where lots 114-116 were previously
located.
• The south wall of the channel is being moved with a reduction in
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width from 140’ to 120’.
STAFF RECOMMENDATION: To approve the amendments to the Planned Unit
Development as requested.
G. FY 2020-21 Sanitation Fee Resolution Finance
SUMMARY OF REQUEST: The FY2020-21 budget calls for the Sanitation Fee to be
increased from $2.00 per month to $2.50 per month, this resolution establishes
the Sanitation Fee for FY2020-21.
Request to adopt the resolution to continue charging a sanitation fee of $1.20
per month to cover the shortfall between the sanitation charges and the millage
collected for sanitation and to increase the fee for recycling from .80 cents per
month to $1.30 per month to cover the costs of the program.
STAFF RECOMMENDATION: To adopt the Sanitation Fee Resolution for
FY2020-21.
H. FY 2020-21 Lead Service Line Flat Fee Resolution Finance
SUMMARY OF REQUEST: The FY2020-21 Budget calls for a Lead Service Line Flat
Fee of $5.00 per month per utility billing, this resolution establishes the fee.
The State of Michigan has mandated communities to replace lead service lines.
To offset the cost, the FY2020-21 budget calls for a Lead Service Line Flat fee of
$5.00 per month per utility billing, to be adjusted each year.
STAFF RECOMMENDATION: To adopt the Lead Service Line Flat Fee
Resolution.
I. Sale – 569 Oak Avenue City Manager
SUMMARY OF REQUEST: City staff is seeking authorization to sell the city-owned
home at 569 Oak Avenue to Lamont Vines of 789 Oak Avenue.
The city accepted this property from the delinquent tax sale with the intention of
renovating it. Over the past year, we have had difficulty getting to it, as our
other projects have occupied so much of our time. Mr. Vines has inquired about
purchasing this property numerous times. His intention is to renovate it. We have
agreed to a $1 sale price. Mr. Vines is going to purchase the property for $1 and
place $1,500 on escrow with the City; once he completes replacement of the
roof, we will refund/release his $1,500 deposit. He will have 90 days to comply.
STAFF RECOMMENDATION: Authorize the City Manager to sell the property at
569 Oak as proposed.
J. Sale – 395 Houston City Manager
SUMMARY OF REQUEST: City staff is seeking authorization to sell the city-owned
home at 395 Houston to Meisha Brown.
The city constructed this house as part of the phase two of our infill housing
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program. Our contract to construct the home was $197,464. We also
anticipated $11,844 in sales commissions. The accepted purchase price is
$196,000. This city will also contribute $5,800 toward closing-related costs. The
total amount requiring brownfield gap financing will be approximately $7,200 -
$7,500. The 3.5% gap is significantly smaller than anticipated in the Brownfield
Plan, and also significantly smaller than gap in the initial phase of the in-fill
project (Midtown Square).
STAFF RECOMMENDATION: Authorize the City Manager to complete the sale
of 395 Houston Avenue, as described in the purchase agreement.
L. Second Floor Remodel City Manager
SUMMARY OF REQUEST: We have finalized our city hall construction budget at
$203,717.14 plus architectural and contingencies. Staff is seeking approval to
hire Platinum Contracting Group to manage the project.
Over the past 2 years, we have worked to reallocate space on the second floor
of city hall. The plan has been finalized and the costs are included in the 2020-21
FY Budget. The goal of the reorganization is to allow for visitors to have easier
and more convenient access to city departments. The recent developments
with COVID-19 has impacted our design. We are seeking to use Platinum
Contracting to manage the project – a number of local contractors will be
completing the work (all wok was competitively bid by Platinum on our behalf).
Much of the planning was done during COVID-19, which did limit our ability to
meet with contractors, but we are comfortable with the bids received. The goal
of using a project manager vs a general contractor is to provide the most
flexibility during construction. The building is older and has many specialty design
components (especially HVAC and electrical); we need to have the ability to
change course if we find a more efficient affordable way to complete the work.
For example, moving to new cubicles instead of offices will likely save $50,000 to
$60,000 in construction costs. Note that we are only completing work on the
space that will house Planning, CNS, Economic Development, and the City
Manager’s Office. We are also exploring an additional project that would move
the public side of the police department into the current CNS space to provide
a more inviting space for the public to visit the police administration, community
office, etc.
AMOUNT REQUESTED: $229,588.00
AMOUNT BUDGETED: $200,000
STAFF RECOMMENDATION: Authorize staff to hire Platinum Contracting to
complete the renovation of the second floor of city hall at a cost not to exceed
$229,588.70, inclusive of architectural fees and contingency.
Motion by Commissioner Ramsey, second by Commissioner Rinsema-Sybenga,
approve the consent agenda as presented, except items E, F, and K.
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ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
and Johnson
Nays: None
MOTION PASSES
2020-37 REMOVED FROM CONSENT AGENDA:
E. GIS Technician Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to eliminate the
Administrative Assistant position within the Engineering Department and create
a new position for a GIS Technician.
Prior to COVID staff had met and discussed the need for a dedicated staff
member to manage and utilize the GIS (Geographic Information Systems) data
for the City. The discussion was tabled due to COVID. At the end of May, the
DPW Administrative Supervisor (Leigh Ann Archer) retired and the DPW
Administrative Assistant (Christy Cashin) was promoted leaving the
Administrative Assistant position open.
Staff is requesting permission to not fill the Administrative Assistant position and
rather to reallocate that full-time position towards creation of a new position for
a GIS Technician. The GIS Technician will work within the Engineering
Department but proved services to multiple departments within the city, namely
water/sewer and major/local streets. The work formerly performed by the
Administrative Assistant will be redistributed between the Administrative
Supervisor, the five (5) CSRII Positions at DPW, and the newly created GIS
Technician.
Based on current and projected workloads the need for a GIS Technician is
greater than the need for the Administrative Assistant.
STAFF RECOMMENDATION: Authorize staff to eliminate the Administrative
Assistant position at DPW and create a new position for a GIS Technician.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to authorize staff to eliminate the Administrative Assistant position at DPW and
create a new position for a GIS Technician.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
and Gawron
Nays: None
MOTION PASSES
F. FY 2020-21 Sewer Rate Resolutions Finance
SUMMARY OF REQUEST: The FY2020-21 budget calls for a sewer rate increase of
8%, this resolution establishes the new rate.
Page 5 of 8
In 2019 a resolution with a treatment rate for our customers that is based on a
multiplier of 1.81 times the rate the County bills the City for wastewater was
adopted. The FY2020-21 calls for the multiplier to be raised to 1.95 to cover the
cost of our aging infrastructure system capital needs and the increased cost of
treating the infiltration to our system due to the high water levels.
STAFF RECOMMENDATION: To adopt the FY 2020-21 Sewer Rate Resolution.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to adopt the Sewer Rate Resolution at an increased rate of 3%.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
K. Legal Services City Manager
SUMMARY OF REQUEST: Our Contract for legal services will expire this month.
Staff is seeking to enter into an extension with Parmenter Law.
Parmenter has been our legal counsel for many years. Our Service agreement
will expire June 30, 2020. The City manager asked that they provide us a
proposal to continue as our legal counsel for an additional five-year period. This
proposal is attached. Staff recommends approving an extension per the terms
outlined in the proposal. Staff fees that the best value for our representation
remains with John Schrier and his team at Parmenter Law.
STAFF RECOMMENDATION: Accept the proposal from Parmenter law and
authorize the City Manager to enter into an extension agreement per the terms
outlined in the proposal.
Motion by Commissioner Johnson, second by Commissioner Ramsey, to accept
the proposal from Parmenter Law and authorize the City Manager to enter into
an extension agreement per the terms outlined in the proposal.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
and Ramsey
Nays: None
MOTION PASSES
2020-38 NEW BUSINESS:
A. Transmittal of 2020-21 Proposed Budget City Manager
SUMMARY OF REQUEST: At this time staff is transmitting to the City Commission
the proposed budget for fiscal year 2020-21 which starts July 1, 2020. Both
hardcopy and electronic versions of the budget have been distributed to
Commissioner. Additionally, the budget is available for inspection on the City’s
Page 6 of 8
website and at the City Clerk’s Office.
The proposed budget was reviewed in detail with staff at the June 8, 2020 work
session. A public hearing on the budget was held at the regular Commission
meeting on June 9, 2020. City ordinance requires that the budget be adopted
by the Commission on or before the second Commission meeting in June.
STAFF RECOMMENDATION: Approval of the proposed budget for fiscal year
2020-21.
Motion by Vice Mayor Hood, second by Commissioner Ramsey, to approve the
proposed budget for fiscal year 2020-21, amending metered sales in sewer to
$9.1 million.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, and
Ramsey
Nays: German
MOTION PASSES
B. Rental Housing Pilot Program City Manager
SUMMARY OF REQUEST: Staff is proposing a Pilot program to incentivize
privately-funded residential rental development in our core neighborhoods. The
Pilot program seeks to leverage upfront capital from residential developers in
exchange for semi-affordable rents, property tax flexibility and shared risk in the
rental market.
We are proposing the framework of a Pilot program that we would use to initially
partner with West Urban Homes to construct 50 units on vacant city lots. The
program is expected to be applicable to many different builders/developers
and many different housing types and densities. As the City tries to reverse 40+
years of neighborhood disinvestment, it is important that we acknowledge the
areas that make us less attractive for development than urban areas. Some of
those items are more in our control than others. This program focuses strictly on
developer return on investment – with the goal of the city acting as a partner to
help ensure that a major investment in rental housing neither fails to cashflow
nor causes unreasonable increases in local rents. Many times, affordability and
profitability contradict one another – this Pilot Program is designed to help attain
both.
STAFF RECOMMENDATION: To accept the Letter of Intent from West Urban
Homes and authorize the City Manager and City Attorney to finalize the draft
Development Agreement for formal approval at the July 14 City Commission
Meeting.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
accept the Letter of Intent from West Urban Homes and authorize the City
Manager and City Attorney to finalize the draft Development Agreement for
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formal approval at the July 14 City Commission meeting.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, and German
Nays: None
Absent: Rinsema-Sybenga
MOTION PASSES
ANY OTHER BUSINESS:
PUBLIC COMMENT: Public Comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 8:35 p.m.
Respectfully Submitted,
Ann Marie Meisch – MMC, City Clerk
Page 8 of 8
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 14, 2020 Title :Notice of Intent Resolution – Capital
Items including Central Dispatch
Submitted By: Beth Lewis Department: Finance
Brief Summary: This resolution authorizes the publication of a Notice of Intent relating to issuing
capital bonds for the purpose of paying all or part of the costs to acquire, construct, furnish and
equip additions and improvements to the Muskegon Central Dispatch 9-1-1 facility and fire station,
Hartshorn Marina including new docks, clubhouse and pool improvements, acquire police
department body camera equipment, and refinance existing obligations to finance a new roof and
heating and cooling ventilation to Mercy Health Arena.
Detailed Summary: The attached Notice of Intent Resolution indicates the City’s intent to issue its
limited tax full faith and credit Capital Improvement Bonds in an amount not to exceed $11,000,000
to pay all or part of the cost of the above listed projects. It is anticipated that Central Dispatch will
pay the cost of the improvements to their facility and it is anticipated that the Hartshorn Marina
improvements will be paid from the Brownfield Plan associated with that project. This resolution
authorizes the City Clerk to publish a notice which gives the voters a referendum right on the
issuance of the Bonds. The referendum period is 45 days. The commission will be asked at a
later date to approve the issuance of bonds once the exact costs and bond details are known.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the Notice of Intent Resolution to issue Capital Improvement
Bonds in an amount not to exceed $11,000,000i.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
FoWldt..'Ci in 1852 MICHIOAN: Ann Arbor
LLER
by Sidney Davy Miller Detroit• Grand Rapids
Kalamazoo • Lansing • Troy
Tampa
IELD
FLOR.IDA:
Chicago
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NEW YORK : New York
PATRICK F. McGow Miller, Canfield, Paddock and Stone, P.L.C. OHIO: Cincinnati
TEL (313) 496-7684 150 West Jefferson, Suite 2500 CANADA: Wind'IOr
FAX (313) 496-8450
Detroit, Michigan 48226 CHINA: Shanghai
E-MAIL mqow@milleramJleld.com
TEL (313) 963-6420 MEXICO: Monterrey
FAX (313) 496-7500 POLAND: Gdynia
www .millercanfield.com Warsaw • Wroclaw
July 1, 2020
Mr. Franklin Peterson
City Manager
City of Muskegon
933 Terrace Street
Muskegon MI 49443-0536
Re: City of Muskegon -2020 Capital Improvement Bonds (LTGO)
Dear Frank:
As we discussed, I have enclosed a Notice of Intent Resolution for consideration for
approval by the City Commission at its meeting on July 14th relating to various capital projects,
including paying all or part of the cost to acquire, construct, furnish and equip additions and
improvements to: a) the Muskegon Central Dispatch 9-1-1 facility and fire station; b) Hartshorn
Marina, including new docks, clubhouse and pool improvements; c) acquire police department
body camera equipment; and d) refinance existing obligations to finance a new roof and heating,
ventilation and cooling improvements to Mercy Health Arena; including all related site
improvements (together, the "Project").
The enclosed Notice of Intent Resolution indicates the City's intent to issue its limited tax
full faith and credit Capital Improvement Bonds in an amount not to exceed $11,000,000 to pay
all or part of the cost of the Project. The Notice of Intent Resolution authorizes the City Clerk to
publish a notice of intent to issue Bonds in the Muskegon Chronicle indicating the City's intent
to issue Bonds for the project in an amount not to exceed $11,000,000.
The Notice provides that the City will pledge its limited tax full faith and credit as
security for the Bonds. The proceeds of the Bonds may be used to pay for the construction of the
Project as well as to reimburse the City for the engineering, design and other preliminary costs
related to the Project. The Bonds will also be used to pay issuance costs related to the Bonds.
The Bonds are secured by the City's limited tax full faith and credit pledge and can be paid from
other legally available sources for the project. It is anticipated that Central Dispatch will pay the
cost of the improvements to their facility from their funds . It is also anticipated that the
Hartshorn Marina improvements will be paid from the Brownfield Plan associated with that
project.
The Revised Municipal Finance Act requires the City to notify the electors of the City of
its intent to issue the Bonds by publishing a notice which gives the voters a referendum right on
MILLER, CANFIELD, p ADDOCK AND STONE, P.LC.
Mr. Franklin Peterson -2- July I, 2020
the issuance of the Bonds. The Bonds can be issued without a vote of the City electors unless a
petition is filed with the City Clerk within 45 days of publication of the notice signed by at least
10% of the registered electors of the City. The fonn of Notice of Intent is included in the
Resolution on page 3. The Notice of Intent must be published as a display advertisement at
least one-quarter (1/4) page in size in a newspaper of general circulation in the City.
Paragraph 4 of the Resolution contains language required by the Internal Revenue Code
which authorizes the City to reimburse itself from Bond proceeds for certain costs relating to the
project incurred prior to issuance of the Bonds. The language of the Resolution is taken from the
IRS regulations and, not surprisingly, it therefore reads as tax jargon.
If the Notice of Intent Resolution is approved by the Commission and the Notice of Intent
is published shortly thereafter, the 45 day referendum period will expire in late August/early
September. The City Council would then need to adopt a resolution to authorize the issuance of
the Bonds prior to the sale of the bonds, which would presumably be after construction bids have
been received for the project.
We would appreciate receiving three (3) certified copies of the Resolution upon its
adoption as well as three (3) Affidavits of Publication from the newspaper in which the Notice of
Intent is published. Please remind the newspaper that the Notice must be a quarter page ad.
If you have any questions, please do not hesitate to contact me.
Enclosure
cc: Beth Lewis
John Schrier, Esq.
Warren Creamer
31701520.1\063684-00045
NOTICE OF INTENT RESOLUTION
CAPITAL IMPROVEMENT BONDS
CITY OF MUSKEGON
County of Muskegon, State of Michigan
_______________________________________
Minutes of a regular meeting of the City Commission of the City of Muskegon, County of
Muskegon, State of Michigan, conducted electronically in conformity with Governor Whitmer’s
Executive Order No. 2020-129, on the 14th day of July, 2020, at 5:30 o’clock 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, State of Michigan (the “City”),
intends to authorize the issuance and sale of its general obligation limited tax bonds pursuant to
Act 34, Public Acts of Michigan, 2001, as amended (“Act 34”), to pay all or part of the cost to
acquire, construct, furnish and equip additions and improvements to: a) the Muskegon Central
Dispatch 9-1-1 facility and fire station; b) Hartshorn Marina, including new docks, clubhouse and
pool improvements; c) Hartshorn Marina Village, including water, sewer and road improvements;
d) acquire police department body camera equipment; and e) refinance existing obligations to
finance a new roof and heating, ventilation and cooling improvements to Mercy Health Arena;
including all related site improvements (the “Project”); and
WHEREAS, the total amount of bonds to be issued to finance the acquisition and
construction of the Project shall not exceed Eleven Million Dollars ($11,000,000); and
WHEREAS, a notice of intent to issue bonds must be published before the issuance of the
aforesaid bonds in order to comply with the requirements of Section 517 of Act 34; and
WHEREAS, the City intends at this time to state its intention to be reimbursed from
proceeds of the Bonds for any expenditures undertaken by the City for the Project prior to issuance
of the Bonds.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Clerk is hereby authorized and directed to publish a notice of intent to
issue the Bonds in the Muskegon Chronicle, a newspaper of general circulation in the City.
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
2. The notice of intent shall be published as a display advertisement not less than one-
quarter (1/4) page in size in substantially the form attached to this Resolution as Exhibit A.
3. The City Council does hereby determine that the foregoing form of Notice of Intent
to Issue Bonds, and the manner of publication directed, is adequate notice to the taxpayers and
electors of the City, and is the method best calculated to give them notice of the City’s intent to
issue the Bonds, the purpose of the Bonds, the security for the Bonds, and the right of referendum
of the electors with respect thereto, and that the provision of forty-five (45) days within which to
file a referendum petition is adequate to insure that the City’s electors may exercise their legal
rights of referendum, and the newspaper named for publication is hereby determined to reach the
largest number of persons to whom the notice is directed.
4. The City makes the following declarations for the purpose of complying with the
reimbursement rules of Treas. Reg. § 1.150-2 pursuant to the Internal Revenue Code of 1986, as
amended:
(a) The City reasonably expects to reimburse itself with proceeds of the Bonds
for certain costs of the Project which were paid or will be paid from funds of the
City subsequent to sixty (60) days prior to today.
(b) The maximum principal amount of debt expected to be issued for the
Project, including issuance costs, is $11,000,000.
(c) A reimbursement allocation of the capital expenditures described above
with the proceeds of the Bonds will occur not later than 18 months after the later of
(i) the date on which the expenditure is paid, or (ii) the date the Project is placed in
service or abandoned, but in no event more than three (3) years after the original
expenditure is paid. A reimbursement allocation is an allocation in writing that
evidences the City’s use of the proceeds of the Bonds to reimburse the City for a
capital expenditure made pursuant to this resolution.
5. All resolutions and parts of resolutions insofar as they conflict with the provisions
of this resolution are hereby rescinded.
AYES: Members _________________________________________________________
_________________________________________________________________
NAYS: Members _________________________________________________________
RESOLUTION DECLARED ADOPTED.
_______________________________________________
Ann Marie Meisch
City Clerk
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
2
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City
Council of the City of Muskegon, County of Muskegon, State of Michigan, at a regular meeting
held on July 14, 2020, and that the meeting was conducted and public notice of the meeting was
given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts
of Michigan, 1976, as temporarily modified by Governor Whitmer’s Executive Order No. 2020-
129 and that the minutes of the meeting were kept and will be or have been made available as
required by the Open Meetings Act.
_______________________________________________
Ann Marie Meisch
City Clerk
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
3
EXHIBIT A
NOTICE TO ELECTORS OF THE CITY OF MUSKEGON
OF INTENT TO ISSUE BONDS SECURED BY THE TAXING POWER OF
THE CITY AND OF RIGHT OF REFERENDUM THEREON
PLEASE TAKE NOTICE that the City Council of the City of Muskegon, County of
Muskegon, intends to authorize the issuance and sale of general obligation capital improvement
bonds pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in one or more series in a
total principal amount of not to exceed Eleven Million Dollars ($11,000,000), for the purpose of
paying all or part of the cost to acquire, construct, furnish and equip additions and improvements
to: a) the Muskegon Central Dispatch 9-1-1 facility and fire station; b) Hartshorn Marina,
including new docks, clubhouse and pool improvements; c) Hartshorn Marina Village, including
water, sewer and road improvements; d) acquire police department body camera equipment; and
e) refinance existing obligations to finance a new roof and heating, ventilation and cooling
improvements to Mercy Health Arena; including all related site improvements.
BOND DETAILS
The bonds will mature in annual installments not to exceed twenty (20) in number, with
interest rates to be determined at a public or negotiated sale but in no event to exceed the maximum
permitted by law on the unpaid balance from time to time remaining outstanding on said bonds.
SOURCE OF PAYMENT OF BONDS
THE PRINCIPAL OF AND INTEREST ON SAID BONDS shall be payable from the
general funds of the City lawfully available for such purposes including property taxes levied
within applicable constitutional, statutory and charter tax rate limitations.
RIGHT OF REFERENDUM
THE BONDS WILL BE ISSUED WITHOUT A VOTE OF THE ELECTORS UNLESS
A PETITION REQUESTING SUCH A VOTE SIGNED BY NOT LESS THAN 10% OF THE
REGISTERED ELECTORS OF THE CITY IS FILED WITH THE CITY CLERK WITHIN
TWENTY (45) DAYS AFTER PUBLICATION OF THIS NOTICE. IF SUCH PETITION IS
FILED, THE BONDS MAY NOT BE ISSUED WITHOUT AN APPROVING VOTE OF A
MAJORITY OF THE QUALIFIED ELECTORS OF THE CITY VOTING THEREON.
THIS NOTICE is given pursuant to the requirements of Section 517, Act 34, Public Acts
of Michigan, 2001, as amended.
Ann Marie Meisch
Clerk, City of Muskegon
36112899.2\063684-00045
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
A-1
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 7/14/2020 Title: HUMAN RESOURCE SERVICES
AGREEMENT
Submitted By: DWANA THOMPSON Department: EEO & EMPLOYEE
RELATIONS DIRECTOR
Brief Summary: The current contractual agreement with Muskegon County for Human Resources
Services ended as of the June 30, 2020. The City of Muskegon is proposing to continue services
with this new agreement that proposes a 2% raise annually for the duration of the three year
contract that will end June 30, 2023.
Detailed Summary:
Amount Requested: 2% increase annually Amount Budgeted: 2% increase annually
Fund(s) or Account(s): Civil Service Budget Fund(s) or Account(s): Civil Service Budget
Recommended Motion: To approve the agreement and authorized the Mayor and Clerk to sign.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF MUSKEGON
AND THE MUSKEGON COUNTY BOARD OF COMMISSIONERS
This Amendment (“Amendment”) is made effective on ____________, 2020 (“Effective Date”)
by and between the City of Muskegon, with offices located at 933 Terrace Street, Muskegon, Michigan
49440 (“City”), the City of Muskegon Civil Service Commission, with offices at _______________,
Muskegon, Michigan (“CSC”), and the County of Muskegon, with offices located at 990 Terrace Street,
Muskegon, Michigan 49442 (“County”).
Background
A. City, CSC and County entered into a contract effective July 1, 2014 entitled Agreement
between the City of Muskegon and the Muskegon County Board of Commissioners which called for the
Muskegon County Department of Human Resources to provide human resources services to the City and
CSC.
B. The Parties now desire to amend the Agreement.
Therefore, for good and valuable consideration, and the mutual promises contained in this
Amendment, the Parties agree to amend the Agreement as follows:
1. Term. The Agreement shall be revised to provide a termination date of June 30, 2023,
provided that any party may terminate the Agreement with six (6) months notice.
2. Fees and Payment. For the period July 1, 2020 through June 30, 2021, City shall pay
County an annual fee of $86,700, with such payments being made in equal monthly payments. For the
period July 1, 2021 through June 30, 2022, City shall pay County an annual fee of $88,434, with such
payments being made in equal monthly payments. For the period July 1, 2022 through June 30, 2023,
City shall pay County an annual fee of $90,203, with such payments being made in equal monthly
payments.
3. No Other Modification. Except as expressly modified by the terms of this Amendment,
the Agreement shall remain in full force and effect. In the event of any inconsistency or conflict between
the Purchase Agreement and this Amendment, the provisions of this Amendment shall govern and
control.
The Parties have executed this Amendment as of the Effective Date.
[Signatures to appear on the following page]
O:\CLERK\COMMON\WORD\AGENDA ITEMS FOR NEXT MEETING\2020\071420\04B_CONTRACT 2020.DOCX
City of Muskegon,
a Michigan municipal corporation
By:
Name: Stephen Gawron
Title: City Mayor
Date: ____________ ___, 2020
By:
Name: Ann Marie Meisch
Title: City Clerk
Date: ____________ ___, 2020
Civil Service Commission
By:
Name:
Title: Chair
Date: ____________ ___, 2020
County of Muskegon
By:
Name: Susie Hughes
Title: Chair
Date: ____________ ___, 2020
By:
Name: Nancy A. Waters
Title: Clerk
Date: ____________ ___, 2020
O:\CLERK\COMMON\WORD\AGENDA ITEMS FOR NEXT MEETING\2020\071420\04B_CONTRACT 2020.DOCX
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 7-14-2020 Title: Setting Infill Housing Project brownfield
public hearing
Submitted By: Pete Wills Department: Economic Development
Brief Summary: The Brownfield Redevelopment Authority will be meeting on July 14 to consider
approval of the Brownfield Plan Amendment for the City of Muskegon’s Infill Housing Project (1st
Amendment) and the city commission will be requested to schedule a public hearing on that plan
for July 28, 2020.
Detailed Summary: City staff has prepared and submitted a brownfield plan to include additional
parcels, primarily located within the Nelson and Jackson Hill Neighborhoods, that will facilitate the
development of infill housing at eligible properties. Activities include the redevelopment and
rehabilitation of subject parcels; construction of new residential units; demolition of the former
Froebel school in order to redevelop that property with residential units; and public infrastructure at
the former farmers market to add additional residential units. The resolution of approval by the
Brownfield Redevelopment Authority and a resolution setting the July 28, 2020 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 July 28, 2020 on the
city’s Infill Housing Project Brownfield Plan Amendment (1st 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
BROWNFIELD PLAN AMENDMENT
INFILL HOUSING PROJECT (1st Amendment)
July 14, 2020
Prepared For The City of Muskegon Brownfield
Redevelopment Authority
Prepared By City of Muskegon Staff
PROJECT NAME
Infill Housing Project (formerly Nelson Neighborhood Infill Housing Project)
DEVELOPER
City of Muskegon, a qualified unit of local government, as defined by Public Act 381 of 1996, as
amended
ELIGIBLE PROPERTY LOCATION
There are 108 Eligible Properties for this project, most of which are not adjacent to one another. Please
refer to the “Eligible Property Information Chart” and the “Eligible Property Map (Attachment A)” on the
following pages.
TYPE OF ELIGIBLE PROPERTY
Blighted
SUBJECT PROJECT DESCRIPTION
The project will focus on the redevelopment of 108 parcels, most of them located in the Nelson and
Jackson Hill Neighborhoods. Some of these lots will be split, creating a total of 249 subject parcels. Ten
of the parcels contain homes that will be rehabbed, the rest are vacant lots that will be used to construct
new residential units. The new residential units will consist mostly of detached homes and rowhomes,
with the possibility of a few duplexes and small multi-plexes as the market dictates. The project also
includes the demolition of the former Froebel school in order to redevelop the property with a variety
residential units. In addition, the plan also includes the addition of public infrastructure at the former
farmers market to add additional residential units.
ELIGIBLE ACTIVITIES
Cost of Sale, Demo & Abatement, Public Infrastructure, Preparation of Brownfield Plan
DEVELOPER’S REIMBURSABLE
COSTS
$5,877,000
MAXIMUM DURATION OF
CAPTURE
30 years
ESTIMATED TOTAL CAPITAL
INVESTMENT
$49,500,000
INITIAL TAXABLE
VALUE
$0 (City & County Owned)
1. Introduction
The City of Muskegon, Michigan (the “City”), established the Muskegon Brownfield Redevelopment
Authority (the “Authority”) on July 4, 1997, pursuant to Michigan Public Act 381 of 1996, as amended
(“Act 381”). The primary purpose of Act 381 is to encourage the redevelopment of eligible property
by providing economic incentives through tax increment financing for certain eligible activities.
The main purpose of this Brownfield Plan is to promote the redevelopment of and investment in
certain “Brownfield” properties within the City. Inclusion of the subject properties within this Plan
will facilitate the development of infill housing at eligible properties. By facilitating redevelopment of
underutilized 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(1) of Act 381, as amended.
Additional information is available from the Muskegon City Manager or the Planning Director.
The Infill Housing Project was originally added to this Plan on April 14, 2019. This amendment seeks
to modify certain aspects of the plan; most notably by adding more parcels and increasing the “cost
of sale” margin.
2. General Provisions
A. Costs of the Brownfield Plan (Section 13(1)(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,
ii) costs for amending and/or updating this Plan, 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 (Section 13(1)(d) and (e))
The City or Brownfield 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 Agreements with the property
owners/developers of properties included in the Plan to reimburse them for the costs of eligible
activities undertaken pursuant to this Plan. Financing arrangements will be specified in a
Development and Reimbursement Agreement, and also identified in the Site Specific section of the
Plan.
C. Duration of the Brownfield Plan (Section 13(1)(f))
The duration of this Plan is not to exceed 30 years. It is estimated that all of the homes associated
with the Project will be completed by 2023. Since the “cost of sale” will vary for each home, as will
construction costs, it is impossible to know exactly how long it will take to completely recapture
eligible costs through tax increment revenues, although it is anticipated that it will be well within the
30 year time frame. In addition, once all activity costs are reimbursed, funds may be captured for the
local site remediation revolving fund, if available. The duration of capture for the Project already
began in 2020 and will continue until such time that all the eligible activities undertaken in this Plan
are reimbursed, but in no event will the Plan exceed the maximum duration provided for in (MCLA
125.2663(1)(22)). 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 cost of principal
and interest otherwise incurred to pay for eligible activities, the reasonable costs of a work plan or
remedial action plan and the costs of preparation of Brownfield Plans and amendments.
D. Displacement/Relocation of Individuals on Eligible Properties (Section 13(1)(i),(j)(k)(l)
Eligible properties identified in this Plan will not require the displacement/relocation of existing
residences, therefore the provisions of Section 13(1)(i-l) are not applicable at this time.
E. Local Site Remediation Revolving Fund (Section 8; Section 13(1)(m))
Whenever this Plan includes a property for which taxes will be captured through the tax increment
financing authority provided by Act 381, it is the Authority's intent to establish and fund a Local Site
Remediation 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 tax increment revenue from an eligible property for up to 5
years after the time that capture is required for the purposes of paying 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, 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
Revolving Fund will be limited to the amount of school operating taxes captured for eligible
environmental response activities under this Plan. It may also include funds appropriated or
otherwise made available from public or private sources.
The Revolving 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 this Revolving Fund will provide additional flexibility to the Authority
in facilitating redevelopment of brownfield properties by providing another source of financing for
necessary eligible activities.
3. Site Specific Provisions
A. Eligibility and Project Description (Sec. 13(1)(h))
The eligible properties comprising the Infill Housing Project included in this Plan is
approximately 37 acres of vacant land spread across 107 parcels in Muskegon, Michigan (See
Attachment A). The parcel numbers/legal description of the eligible properties are:
1246 5th St
Parcel #24-205-378-0006-00
CITY OF MUSKEGON REVISED PLAT OF 1903 N 46 FT LOT 6 BLK 378
1252 5th St
Parcel #24-205-378-0006-10
CITY OF MUSKEGON REVISED PLAT OF 1903 NLY 44 FT OF SLY 86 FT LOT 6 BLK 378
1245 5th St
Parcel #24-205-377-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 EX SELY 79.5 FT TH'OF & E 1/2 OF LOT 2 EX SELY
79.5 FT TH'OF BLK 377
1261 5th St
Parcel #24-205-377-0011-00
CITY OF MUSKEGON REVISED PLAT OF 1903 N 1/4 LOT 11 & N 1/2 OF N 1/2 LOT 12 BLK 377
1342 6th St
Parcel #24-205-388-0006-20
CITY OF MUSKEGON REVISED PLAT OF 1903 SELY 44 FT OF SWLY 26 FT LOT 5 & SELY 44 FT OF LOT 6
BLK 388
1349 6th St
Parcel #24-205-389-0012-00
CITY OF MUSKEGON REVISED PLAT OF 1903 N 1/2 LOT 12 BLK 389
1352 6th St
Parcel #24-205-388-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 7 BLK 388
1411 6th St
Parcel #24-205-390-0011-20
CITYOF MUSKEGON REVISED PLAT OF 1903 LOT 11 BLK 390 EXC W 92 FT TH'OF
1387 7th St
Parcel #24-205-375-0005-00
CITY OF MUSKEGON REVISED PLAT OF 1903 SELY 74 FT LOT 5 & N 30 FT LOT 8 BLK 375
395 Houston Ave
Parcel #205-369-0004-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 4 BLK 369
248 Mason Ave
Parcel #24-205-387-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 N 1/2 LOT 7 & W 26.7 FT OF S 1/2 LOT 7 BLK 387
275 Mason Ave
Parcel #24-205-391-0003-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 3 BLK 391
346 Mason Ave
Parcel #24-205-389-0009-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 30 FT LOT 9 BLK 389
352 Mason Ave
Parcel #24-205-389-0008-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 8 BLK 389
219 Merrill Ave
Parcel # 24-205-386-0012-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 12 BLK 386
271 Merrill Ave
Parcel #24-205-387-0005-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 5 BLK 387
388 Merrill Ave
Parcel #24-205-376-0007-20
CITY OF MUSKEGON REVISED PLAT OF 1903 ELY 66 FT OF WLY 132 FT LOT 7 EXC NLY 20 FT BLK 376
235 Monroe Ave
Parcel #24-205-379-0003-10
CITY OF MUSKEGON REVISED PLAT OF 1903 E 28 FT LOT 3 BLK 379
239 Monroe Ave
Parcel #24-205-379-0003-00
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 379 W 38 FT LOT 3
240 Monroe Ave
Parcel #24-205-367-0010-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 1/2 LOT 10 BLK 367
250 Monroe Ave
Parcel #24-205-367-0009-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 1/2 LOT 9 BLK 367
254 Monroe Ave
Parcel #24-205-367-0008-10
CITY OF MUSKEGON REVISED PLAT OF 1903 E 40 FT LOT 8 BLK 367
398 Monroe Ave
Parcel #24-205-370-0011-10
CITY OF MUSKEGON REVISED PLAT OF 1903 E 27 FT OF LOT 11 BLK 370
1392 Park St
Parcel #24-205-375-0003-20
CITY OF MUSKEGON REVISED PLAT OF 1903 PART LOTS 3-4 & 11 BLK 375 COM ON S LN LOT 11 40 FT
E OF SW COR TH E 84 FT TH NLY 26 FT TH NWLY TO A PT 48.5 FT N OF S LN LOT 11 TH W 62.4 FT TH S
48.5 FT TO BEG
382 W Muskegon Ave
Parcel #24-205-336-0008-00
CITY OF MUSKEGON REVISED PLAT OF 1903 SLY 24.75 FT LOT 9 & NLY 55 FT LOT 8 BLK 336
487 W Muskegon Ave
Parcel #24-205-370-0011-10
CITY OF MUSKEGON REVISED PLAT OF 1903 E 27 FT OF LOT 11 BLK 370
420 Washington Ave
Parcel #24-205-375-0010-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 10 BLK 375
459 Washington Ave
Parcel #24-205-408-0002-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 2 &3 BLK 408
1782 5th St
Parcel #24-205-463-0004-00
CITY OF MUSKEGON REVISED PLAT 1903 LOT 4 AND N 22 FT LOT 5 BLK 463
318 W Larch Ave
Parcel #24-205-449-0010-00
CITY OF MUSKEGON REVISED PLAT OF 1903 E 18 FT LOT 9 & W 20 FT LOT 10 BLK 449
324 W Larch Ave
Parcel #24-205-449-0009-00
CITY OF MUSKEGON REVISED PLAT OF 1903 E 9 FT LOT 8 & W 29 FT LOT 9 BLK 449
1686 7th St
Parcel # 24-205-449-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 & 2 BLK 449
1660 7th St
Parcel #24-205-440-0004-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 5-6 BLK 440
408 W Dale Ave
Parcel # 24-205-439-0006-10
CITY OF MUSKEGON REVISED PLAT OF 1903 W 45 FT OF E 85 FT OF LOTS 6 & 7 BLK 439
340 W Forest Ave
Parcel # 24-205-428-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 7 BLK 428
1639 5th St
Parcel #24-205-441-0003-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 3 EXC S 5.5 FT TH'OF INCLUDING S 8 FT LOT 2 EXC W
44 FT TH'OF BLK 441
1605 Sanford St
Parcel #24-205-425-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 S 58 FT OF E 94 FT LOT 7 & S 10.4 FT OF E 94 FT LOT 8 BLK
425 (DESC CLARIFICATION 11/30/99)
487 W Southern Ave
Parcel #24-205-430-0004-00
CITY OF MUSKEGON REVISED PLAT 1903 W 1 1/2 FT LOT 3 & N 115 FT LOTS 4-5 BLK 430
305 W Grand Ave
Parcel #24-205-419-0019-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 19 BLK 419
1535 6th St
Parcel # 24-205-419-0013-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 13 BLK 419
355 W Grand Ave
Parcel #24-205-419-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 46 FT LOTS 1 & 2 BLK 419
337 W Grand Ave
Parcel #24-205-419-0001-20
CITY OF MUSKEGON REVISED PLAT OF 1903 E 44 FT OF LOTS 1-2 BLK 419
1458 6th St
Parcel #24-205-405-0014-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 14 BLK 405
1464 6th St
Parcel #24-205-405-0013-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 13 BLK 405
0 Washington Ave
Parcel #24-205-375-0009-10
CITY OF MUSKEGON REVISED PLAT OF 1903 E 1/2 OF LOT 9 BLK 375
242 Strong Ave
Parcel #24-205-391-0011-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 1/2 LOT 11 BLK 391
1360 7th St
Parcel #24-205-376-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 SLY 47 FT OF NLY 98 FT OF SW 66 FT OF LOT 7 BLK 376
1366 7th St
Parcel # 24-205-376-0007-15
CITY OF MUSKEGON REVISED PLAT OF 1903 SLY 40 FT OF WLY 66 FT LOT 7 BLK 376
1262 6th St
Parcel #24-205-369-0006-30
CITY OF MUSKEGON REVISED PLAT OF 1903 S 40 FT LOT 6 BLK 369
579 W Muskegon Ave
Parcel #24-205-345-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 NLY 1/2 LOT 1 BLK 345
0 W Muskegon Ave
Parcel #24-205-345-0002-10
CITY OF MUSKEGON REVISED PLAT OF 1903 E 1/2 OF LOT 2 BLK 345
617 W Muskegon Ave
Parcel # 24-205-345-0006-00
CITY OF MUSKEGON REVISED PLAT OF 1903 N 71 FT LOT 6 BLK 345
1047 Ambrosia St
Parcel #24-205-232-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 E 33 FT LOT 7 BLK 224 ALSO E 33 FT OF N 1/2 VAC DIANA
ST LOTS 7 AND 8 BLK 232 ALSO S 1/2 VAC DIANA ST ADJ TO LOT 8 SD BLK
1075 Ambrosia St
Parcel #24-205-236-0008-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 8-9 BLK 236
1155 Ambrosia St
Parcel #24-205-250-0008-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 8-10 BLK 250
1205 Ambrosia St
Parcel #24-205-261-0008-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 8 & 9 BLK 261
1386 Ransom St
Parcel #24-205-266-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 BLK 266
1530 Hoyt St
Parcel #24-205-281-0002-10
CITY OF MUSKEGON REVISED PLAT OF 1903 S 35.7 FT LOT 2 BLK 281
292 Mason Ave
Parcel #24-205-388-0008-10
CITY OF MUSKEGON REVISED PLAT OF 1903 E 1/2 LOT 8 BLK 388
254 W Southern Ave
Parcel #24-205-420-0012-20
CITY OF MUSKEGON REVISED PLAT OF 1903 W 32 FT OF E 82 FT LOTS 12-13 BLK 420
1670 Park St
Parcel #24-205-439-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 80 FT LOT 7 BLK 439
1227 Fleming Ave
Parcel #24-745-000-0033-00
CITY OF MUSKEGON ROSELINDE ADDITION LOT 33
1251 8th St
24-205-340-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 PART OF LOTS 1 TO 7 LYING SELY OF
WEBSTER AVE BLK 340
527 Herrick St
Parcel #24-205-023-0008-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 8-14 BLK 23
530 Herrick St
Parcel #24-205-022
CITY OF MUSKEGON REVISED PLAT OF 1903 S 178 FT LOT 3 & THAT PART OF LOT 4 LYING N OF
SUMNER AVE BLK 22-0003-20
553 Jackson Ave
Parcel #24-205-022-0002-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 2 & N 150 FT LOT 3 BLK 22
601 Jackson Ave
Parcel #24-205-021-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 66 FT OF N 132 FT LOT 1 BLK 21
621 Jackson Ave
Parcel #24-205-020-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1& 2 BLK 20
677 Jackson Ave
Parcel #24-205-019-0002-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 2 BLK 19
558 Jackson Ave
Parcel #24-205-014-0020-00
CITY OF MUSKEGON REVISED PLAT OF 1903 E 1/2 LOT 19 & ALL LOTS 20 & 21 BLK 14
608 Jackson Ave
Parcel #24-205-015-0006-10
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 6 EX NLY 50 FT BEING 50 FT ON LANGLEY ST & 62.32
FT ON E LINE SAID LOT 6 BLK 15
704 Leonard Ave
Parcel #24-405-003-0001-00
CITY OF MUSKEGON GUNNS SUB DIV OF PART OF BLK 2 LOTS 1-2 & 3 BLK 3
740 Leonard Ave
Parcel #24-405-003-0007-00
CITY OF MUSKEGON GUNNS SUB DIV OF PART OF BLK 2 LOTS 4-5-6 & W 4 FT LOT 7 BLK 3
754 Leonard Ave
Parcel #24-405-003-0008-00
CITY OF MUSKEGON GUNNS SUB DIV OF PART OF BLK 2 E 36 FT LOT 7 ALL LOTS 8 & 9 & W 8 FT LOT
10 BLK 3
766 Leonard Ave
Parcel #24-405-003-0011-00
CITY OF MUSKEGON GUNNS SUB DIV OF PART OF BLK 2 E 42 FT LOT 10 ALL LOTS 11 & 12 BLK 3
1259 Sanford St
Parcel #24-205-384-0007-20
CITY OF MUSKEGON REVISED PLAT OF 1903 S 42 2/3 FT OF E 94 FT LOT 7 BLK 384
1280 Sanford St
Parcel #24-205-394-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 98 FT LOT 1 BLK 394
1141 Jefferson St
Parcel #24-205-364-0008-10
CITY OF MUSKEGON REVISED PLAT OF 1903 S 68 FT LOT 8 BLK 364
1095 1st St
Parcel #24-205-352-0008-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 8 BLK 352
1338 Arthur
Parcel # 24-205-254-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 NLY 84 FT LOT 1 BLK 254
204 W Dale
Parcel # 24-205-441-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 47.6 FT LOT 7 & W 47.6 FT OF S 27 1/7 FT LOT 6 BLK
441
1514 Park St
Parcel # 24-205-418-0003-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 3 BLK 418
314 W Grand Ave
Parcel # 24-205-406-0018-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 18 BLK 406
237 Washington Ave
Parcel # 24-205-405-0019-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 19 BLK 405 & SUBJ TO N 1/2 VAC ALLEY ADJ TH'TO
RECOR'D 3711/266
329 Washington Ave
Parcel # 24-205-406-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 7 BLK 406
1456 Park St
Parcel # 24-205-407-0004-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 4 BLK 407
1468 8th St
Parcel # 24-205-408-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 7 BLK 408 EXC E 46 FT TH'OF
462 Washington Ave
Parcel # 24-205-374-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 39 1/2 FT LOT 7 BLK 374
507 Houston Ave
Parcel # 24-205-371-0004-10
CITY OF MUSKEGON REVISED PLAT OF 1903 E 1/2 LOT 4 BLK 371
1370 Sanford St
Parcel # 24-205-401-0001-10
CITY OF MUSKEGON REVISED PLAT OF 1903 S 32 1/4 FT OF N 63 1/2 FT OF W 106 FT 2 1/2 IN LOT 1
BLK 401
731 Yuba St
Parcel # 24-205-183-0001-00
CITY OF MUSKEGON REVISED PLAT 1903 ENTIRE BLK 183 LYING ELY OF C & O R/W EX COM ON NLY
LINE SAID BLK 44 FT M/L SWLY OF NE COR LOT 5 TH S 24 DEG 39 MIN 59 SEC W 63 FT M/L TH NLY 39
FT M/L TO NLY LINE SAID BLK TH NELY ON NLY LINE SAID BLK 39 FT M/L TO BEG
205 E Muskegon Ave
Parcel # 24-205-192-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 1 THRU 12 INCL BLK 192
287 E Muskegon Ave
Parcel # 24-205-193-0004-00
CITY OF MUSKEGON REVISED PLAT 1903 LOTS 4 THRU 10 INC BLK 193
225 Eastern Ave
Parcel # 24-205-182-0001-00
CITY OF MUSKEGON REVISED PLAT 1903 ENTIRE BLK 182
650 Yuba St
Parcel # 24-205-167-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 ENTIRE BLK 167
417 Jackson Ave
Parcel # 24-205-024-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 ENTIRE BLKS 24 25 26 ALSO BLK 27 EX LOTS 6 & 7
1078 2nd St
Parcel # 24-205-352-0004-10
CITY OF MUSKEGON REVISED PLAT OF 1903 S 1/2 LOT 4 BLK 352
1067 W Grand Ave
Parcel # 24-205-484-0004-00
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 484 LOT 4 & S 16 1/2 FT OF GRAND AVE ABUTTING
SAME
1188 4th St
Parcel # 24-205-367-0008-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 92 FT LOT 8 BLK 367
1457 7th St
Parcel # 24-205-407-0011-10
CITY OF MUSKEGON REVISED PLAT OF 1903 S 2/3 LOT 11 BLK 407
580 Catherine Ave
Parcel # 24-205-076-0009-00
CITY OF MUSKEGON REVISED PLAT 1903 LOT 9 BLK 76
1192 Pine St
Parcel # 24-205-245-0002-00
CITY OF MUSKEGON REVISED PLAT OF 1903 N 1/2 LOT 2 BLK 245
1194 Pine St
Parcel # 24-205-245-0002-10
CITY OF MUSKEGON REVISED PLAT OF 1903 S 1/2 LOT 2 BLK 245
254 W Southern Ave
Parcel # 24-205-420-0012-20
CITY OF MUSKEGON REVISED PLAT OF 1903 W 32 FT OF E 82 FT LOTS 12-13 BLK 420
435 E Isabella Ave
Parcel # 24-205-078-0004-00
CITY OF MUSKEGON REVISED PLAT 1903 LOT 4 BLK 78
248 Mason Ave
Parcel # 24-205-387-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 N 1/2 LOT 7 & W 26.7 FT OF S 1/2 LOT 7 BLK 387
Project Breakdown:
There are 107 parcels included in this plan. Some of these lots will be split, which will result
in a total of 239 parcels.
Parcels = 108
Parcels after splits = 249
New homes = 239
Rehabbed homes = 10
New homes with “cost of sale” concession = 195
New homes without “cost of sale” concessions = 54
“Cost of sale” concessions = $3,880,000
Public Infrastructure = $777,000
Demo & abatement = $1,200,000
Reimbursable Costs of Construction (before 15% contingency) = $5,857,000
The chart below depicts a listing of eligible properties and the basis for their eligibility.
Eligible Property Information Chart
Address Tax Identification Basis of Investment Reimbursable Approxi Zoning
Number Brownfield Cost Cost mate
Eligibility Acreage
Dusendang Project (110 Homes)
1246 5th St 24-205-378-0006-00 Cost of Sale $200,000 $20,000 0.07 FBC, UR
1252 5th St 24-205-378-0006-10 Cost of Sale $200,000 $20,000 0.07 FBC, UR
1245 5th St 24-205-377-0001-00 Cost of Sale $200,000 $20,000 0.12 FBC, UR
1261 5th St 24-205-377-0011-00 Cost of Sale $200,000 $20,000 0.1 FBC, UR
1342 6th St 24-205-388-0006-20 Cost of Sale $200,000 $20,000 0.09 FBC, UR
1349 6th St Cost of Sale $200,000 $40,000 0.19 FBC, UR
24-205-389-0012-00
(2 lots)
1352 6th St Cost of Sale $400,000 $40,000 0.2 FBC, UR
24-205-388-0007-00
(2 lots)
1411 6th St 24-205-390-0011-20 Cost of Sale $200,000 $20,000 0.1 FBC, UR
1387 7th St Cost of Sale $400,000 $40,000 0.22 FBC, UR
24-205-375-0005-00
(2 lots)
395 Houston Ave Cost of Sale $400,000 $40,000 0.21 FBC, UR
24-205-369-0004-00
(2 lots)
275 Mason Ave Cost of Sale $400,000 $40,000 0.18 FBC, UR
24-205-391-0003-00
(2 lots)
346 Mason Ave Cost of Sale $400,000 $40,000 0.09 FBC, UR
24-205-389-0009-00
(2 lots)
352 Mason Ave 24-205-389-0008-00 Cost of Sale $200,000 $20,000 0.2 FBC, UR
219 Merrill Ave 24-205-386-0012-00 Cost of Sale $200,000 $20,000 0.12 FBC, UR
271 Merrill Ave Cost of Sale $400,000 $40,000 0.19 FBC, UR
24-205-387-0005-00
(2 lots)
388 Merrill Ave Cost of Sale $400,000 $40,000 0.2 FBC, UR
24-205-376-0007-20
(2 lots)
235 Monroe Ave 24-205-379-0003-10 Cost of Sale $200,000 $20,000 0.09 FBC, UR
239 Monroe Ave 24-205-379-0003-00 Cost of Sale $200,000 $20,000 0.11 FBC, UR
240 Monroe Ave 24-205-367-0010-00 Cost of Sale $200,000 $20,000 0.11 FBC, UR
250 Monroe Ave 24-205-367-0009-00 Cost of Sale $200,000 $20,000 0.2 FBC, UR
254 Monroe Ave 24-205-367-0008-10 Cost of Sale $200,000 $20,000 0.06 FBC, UR
398 Monroe Ave 24-205-370-0011-10 Cost of Sale $200,000 $20,000 0.08 FBC, UR
1392 Park St 24-205-375-0003-20 Cost of Sale $200,000 $20,000 0.07 FBC, UR
382 W Muskegon Ave 24-205-336-0008-00 Cost of Sale $200,000 $20,000 0.24 FBC, UR
487 W Muskegon Ave 24-205-347-0004-00 Cost of Sale $200,000 $20,000 0.19 FBC, UR
420 Washington Ave Cost of Sale $400,000 $40,000 0.19 FBC, UR
24-205-375-0010-00
(2 lots)
459 Washington Ave Cost of Sale $600,000 $60,000 0.46 FBC, UR
24-205-408-0002-00
(3 lots)
1782 5th St (2 lots) 24-205-463-0004-00 Cost of Sale $400,000 $40,000 0.31 FBC, UR
318 W Larch Ave (2 Cost of Sale $400,000 $40,000 0.27 FBC, UR
24-205-449-0010-00
lots)
324 W Larch Ave 24-205-449-0009-00 Cost of Sale $200,000 $20,000 0.14 FBC, UR
1686 7th St (2 lots) 24-205-449-0001-00 Cost of Sale $400,000 $40,000 0.31 FBC, UR
1660 7th (2 lots) 24-205-440-0004-00 Cost of Sale $400,000 $40,000 0.31 FBC, UR
408 W Dale Ave 24-205-439-0006-10 Cost of Sale $200,000 $20,000 0.1 FBC, UR
340 W Forest Ave 24-205-428-0007-00 Cost of Sale $200,000 $20,000 0.15 FBC, UR
1639 5th St 24-205-441-0003-00 Cost of Sale $200,000 $20,000 0.17 FBC, UR
1605 Sanford St (2 Cost of Sale $400,000 $40,000 0.15 FBC, UR
24-205-425-0007-00
lots)
487 W Southern Ave Cost of Sale $400,000 $40,000 0.26 FBC, UR
24-205-430-0004-00
(2 lots)
305 W Grand Ave 24-205-419-0019-00 Cost of Sale $200,000 $20,000 0.17 FBC, UR
1535 6th St 24-205-419-0013-00 Cost of Sale $200,000 $20,000 0.16 FBC, UR
355 W Grand Ave 24-205-419-0001-00 Cost of Sale $200,000 $20,000 0.1 FBC, UR
337 W Grand Ave 24-205-419-0001-20 Cost of Sale $200,000 $20,000 0.1 FBC, UR
1458 6th St 24-205-405-0014-00 Cost of Sale $200,000 $20,000 0.16 FBC, UR
1464 6th St 24-205-405-0013-00 Cost of Sale $200,000 $20,000 0.17 FBC, UR
0 Washington Ave 24-205-375-0009-10 Cost of Sale $200,000 $20,000 0.15 FBC, UR
242 Strong Ave 24-205-391-0011-00 Cost of Sale $200,000 $20,000 0.08 FBC, UR
1360 7th St 24-205-376-0007-00 Cost of Sale $200,000 $20,000 0.09 FBC, UR
1366 7th St 24-205-376-0007-00 Cost of Sale $200,000 $20,000 0.07 FBC, UR
1262 6th St 24-205-369-0006-30 Cost of Sale $200,000 $20,000 0.07 FBC, UR
579 W Muskegon Ave 24-205-345-0001-00 Cost of Sale $200,000 $20,000 0.09 FBC, UR
0 W Muskegon Ave 24-205-345-0002-10 Cost of Sale $200,000 $20,000 0.1 FBC, UR
617 W Muskegon Ave 24-205-345-0006-00 Cost of Sale $200,000 $20,000 0.24 FBC, UR
1047 Ambrosia St Cost of Sale $1,400,000 $140,000 0.57 OSR
24-205-232-0007-00
(7 lots)
1075 Ambrosia St Cost of Sale $1,200,000 $120,000 0.35 OSR
24-205-236-0008-00
(6 lots)
1155 Ambrosia St Cost of Sale $1,200,000 $120,000 0.61 OSR
24-205-250-0008-00
(6 lots)
1205 Ambrosia St Cost of Sale $1,200,000 $120,000 0.41 OSR
24-205-261-0008-00
(6 lots)
1386 Ransom St 24-205-266-0001-00 Cost of Sale $200,000 $20,000 0.2 R-3
1530 Hoyt St 24-205-282-0002-10 Cost of Sale $200,000 $20,000 0.1 R-3
292 Mason Ave 24-205-388-0008-10 Cost of Sale $200,000 $20,000 0.09 FBC, UR
254 W Southern Ave 24-205-420-0012-20 Cost of Sale $200,000 $20,000 0.07 FBC, UR
1670 Park St 24-205-439-0007-00 Cost of Sale $200,000 $20,000 0.09 FBC, UR
1772 5th St 24-205-463-0003-00 Cost of Sale $200,000 $20,000 0.23 FBC, UR
1227 Fleming Ave 24-745-000-0033-00 Cost of Sale $200,000 $20,000 0.11 R-2
1251 8th St (10 lots) 24-205-340-0001-00 Cost of Sale $2,000,000 $200,000 1.14 FBC-UR
Rudy Briggs Project (32 Homes)
527 Herrick St Cost of Sale $1,800,000 $180,000 1.41 R-1
24-205-023-0008-00
(9 lots)
530 Herrick St Cost of Sale $600,000 $60,000 0.41 R-1
24-205-022-0003-20
(3 lots)
553 Jackson Ave Cost of Sale $600,000 $60,000 0.55 R-1
24-205-022-0002-00
(3 lots)
579 Jackson Ave 24-205-022-0001-00 Cost of Sale $200,000 $20,000 0.19 R-1
601 Jackson Ave 24-205-021-0001-00 Cost of Sale $200,000 $20,000 0.2 R-1
621 Jackson Ave 24-205-020-0001-00 Cost of Sale $200,000 $20,000 0.34 R-1
677 Jackson Ave 24-205-019-0002-00 Cost of Sale $200,000 $20,000 0.24 R-1
558 Jackson Ave Cost of Sale $400,000 $40,000 0.61 R-1
24-205-014-0020-00
(2 lots)
608 Jackson Ave 24-205-015-0006-10 Cost of Sale $200,000 $20,000 0.24 R-1
704 Leonard Ave Cost of Sale $400,000 $40,000 0.38 R-1
24-405-003-0001-00
(2 lots)
740 Leonard Ave Cost of Sale $400,000 $40,000 0.37 R-1
24-205-003-0007-00
(2 lots)
754 Leonard Ave Cost of Sale $600,000 $60,000 0.37 R-1
24-205-003-0008-00
(3 lots)
766 Leonard Ave Cost of Sale $600,000 $60,000 0.38 R-1
24-405-003-0011-00
(3 lots)
Community Encompass Project (5 Homes)
1259 Sanford St (LB) 24-205-384-0007-20 Cost of Sale $200,000 $20,000 0.09 FBC, UR
1280 Sanford St (LB) 24-205-394-0001-00 Cost of Sale $200,000 $20,000 0.15 FBC, UR
1141 Jefferson St 24-205-364-0008-10 Cost of Sale $200,000 $20,000 0.1 FBC, UR
1095 1st 24-205-352-0008-00 Cost of Sale $200,000 $20,000 0.07 FBC, UR
1338 Arthur St (LB) 24-205-254-0001-00 Cost of Sale $200,000 $20,000 0.13 R-3
Land Bank Properties (12 Homes)
204 W Dale (LB) Blight $200,000 $0 0.08 FBC, UR
24-205-441-0007-00
Elimination
1514 Park St (LB) Blight $200,000 $0 0.19 FBC, UR
24-205-418-0003-00
Elimination
314 W Grand Ave (LB) Blight $200,000 $0 0.17 FBC, UR
24-205-406-0018-00
Elimination
237 Washington Ave Blight $200,000 $0 0.17 FBC, UR
24-205-405-0019-00
(LB) Elimination
329 Washington Ave Blight $200,000 $0 0.19 FBC, UR
24-205-406-0007-00
(LB) Elimination
1456 Park St (LB) Blight $200,000 $0 0.18 FBC, UR
24-205-407-0004-00
Elimination
1468 8th St (LB) (2 lots) Blight $400,000 $0 0.19 FBC, UR
24-205-408-0007-00
Elimination
462 Washington Ave Blight $200,000 $0 0.08 FBC, UR
24-205-374-0007-00
(LB) Elimination
507 Houston Ave (LB) Blight $200,000 $0 0.1 FBC, UR
24-205-371-0004-10
Elimination
1370 Sanford St (LB) Blight $200,000 $0 0.08 FBC, UR
24-205-401-0001-10
Elimination
1542 7th St (LB) Blight $200,000 $0 0.08 FBC, UR
24-205-419-0007-00
Elimination
Former Farmers Market Properties (40 Homes)
731 Yuba St Blight $1,600,000 155,400 (Public 2.71 I-1
(8 lots) Elimination (homes) Infrastructure)
24-205-183-0001-00
155,400 (Public
Infrastructure)
205 E Muskegon Ave Blight $1,600,000 155,400 (Public 2.55 I-1
(8 lots) Elimination (homes) Infrastructure)
24-205-192-0001-00 155,400
(Public/
Infrastructure)
287 E Muskegon Ave Blight $1,600,000 155,400 (Public 1.48 I-1
(8 lots) Elimination (homes) Infrastructure)
24-205-193-0004-00
155,400 (Public
Infrastructure)
225 Eastern Ave Blight $1,600,000 155,400 (Public 1.59 I-1
(8 lots) Elimination (homes) Infrastructure)
24-205-182-0001-00
155,400 (Public
Infrastructure)
650 Yuba St Blight $1,600,000 155,400 (Public 1.61 B-4
(8 lots) Elimination (homes) Infrastructure)
24-205-167-0001-00
155,400 (Public
Infrastructure)
Froebel School Property (40 Homes)
417 Jackson Ave Demo & $9,200,000 $2,000,000 7.01 R-1
Abatement ($1,200,000
24-205-024-0001-00
+ Cost of demo +
Sale
$800,000 Cost
of Sale)
City Rehab Projects (10 Homes)
nd
1078 2 St Blight $50,000 $0 0.1 FBC-UR
24-205-352-0004-10
Elimination
1067 W Grand Blight $50,000 $0 0.2 R-1
24-205-484-0004-00
Elimination
1188 4th St Blight $50,000 $0 0.13 FBC-UR
24-205-367-0008-00
Elimination
1457 7th St 24-205-407-0011-10 Cost of Sale $50,000 $20,000 0.12 FBC-UR
580 Catherine Ave 24-205-076-0009-00 Cost of Sale $50,000 $20,000 0.2 R-3
1192 Pine St 24-205-245-0002-00 Cost of Sale $50,000 $20,000 0.1 R-3
1194 Pine St 24-205-245-0002-10 Cost of Sale $50,000 $20,000 0.09 R-3
254 W Southern Ave 24-205-420-0012-20 Cost of Sale $50,000 $20,000 0.07 FBC-UR
435 E Isabella 24-205-078-0004-00 Cost of Sale $50,000 $20,000 0.2 R-3
248 Mason Ave 24-205-387-0007-00 Cost of Sale $50,000 $20,000 0.14 FBC-UR
Eligible Activities, Financing, Cost of Plan (Sec. 13(1) (a) (b) (c) (d) (g))
Eligible activities include cost of sale, demo & abatement, public infrastructure and brownfield
plan preparation and development (see chart below).
Eligible Activities Chart
Eligible Activity Cost
Cost of Sale $3,880,000
Demo & Abatement $1,200,000
Public Infrastructure $777,000
Brownfield Plan Preparation and Development $20,000
Sub-total $5,877,000
Contingency (15%) $881,550
Total Eligible Activities to be paid under this $6,758,550
Plan
The eligible activities described above will occur on the Property and are further described as
follows:
1. Cost of Sale: If the sale of a home results in a loss to the developer, the difference
between the cost of construction and the sale price is considered the cost of sale or a
seller concession. Some of these concessions could come from title work, acquisition
costs and selling costs. For this Plan, it is anticipated that each home may result in the
loss of $20,000 per unit.
2. Demo & Abatement: The cost to demolish the property and return it to a developable
state, which may include lead and asbestos abatement.
3. Public Infrastructure: The cost to construct public infrastructure like alleys and
water/sewer lines.
4. Brownfield Plan Preparation and Development: Costs incurred to prepare and develop
this brownfield plan, as required per Act 381 of 1996, as amended.
It is intended that the above eligible activities will be reimbursed with interest at 5%.
Effective Date if Inclusion in the Brownfield Plan
The amended Infill Housing Project was added to this Plan on ____________, 2020 and will be
amended accordingly upon adoption of this Plan Amendment.
Attachment A
hment A
Members Kleaveland, Systema, Peterson, Hastings, Johnson, Wallace Jr., Bottomley,
Moore
None
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 7/14/20 Title: Sale of House at 254 W Southern Ave
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to approve the sale of the City-owned home at 254 W Southern Ave to
Flippin Awesome, LLC for $2,300.
Detailed Summary:
This is a vacant home that the city acquired through the tax sale.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the sale of the City-owned home at 254 W Southern Ave to
Flippin Awesome, LLC for $2,300.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
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WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
#
DATE: 07/06/2020 , (time) MLS #
SELLING OFFICE: RE/MAX West BROKER LIC.#: 6505356201 REALTOR® PHONE: 231-450-4884
LISTING OFFICE: REALTOR® PHONE:
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):
Agent/Subagent of Seller Buyer’s Agent Dual Agent (with written, informed consent of both Buyer and Seller)
Transaction Coordinator
Primary Selling Agent Name: Kristin Fricke Email: kristin@kristinfricke.com Lic.#: 6501424427
Alternate Selling Agent Name: Stephanie Dahlquist Email: info@stephaniedahlquist.com Lic.#:
3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
Buyer has received the Seller’s Disclosure Statement, dated . 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.
Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to 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:
Seller is exempt from the requirements of the Seller Disclosure Act.
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: Buyer offers to buy the property located in the City Village Township of Muskegon ,
County of Muskegon , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
245 W Southern Muskegon, Mi 49441
with the following legal description and tax parcel ID numbers:
CITY OF MUSKEGON REVISED PLAT OF 1903 W 32 FT OF E 82 FT LOTS 12-13 BLK 420
PP# #: 61-24-205-420-0012-20 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) 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 REALTOR® 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: Buyer offers to buy the Property for the sum of $ 2300.
two thousand three hundred U.S. Dollars
7. Seller Concessions, if any:
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 Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price.
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. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement
at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be
arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement.
NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to
obtain a type (year) mortgage in the amount of % of the Purchase Price
bearing interest at a rate not to exceed % per annum (rate at time of loan application), on or before the date the sale is
to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to
process the application, within days after the Effective Date, not to impair Buyers’ credit after the date such loan if
offered. Seller Buyer will agree to pay an amount not to exceed $ representing repairs required as a
condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
©Copyright, West Michigan REALTOR® Associations FAL
Page 1 of 6 Rev. Date 2/2020 07/07/20
Buyer’s Initials Seller’s Initials
11:04 AM EDT
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West Michigan Regional Purchase Agreement Page 2 of 6
Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
Exceptions:
SELLER FINANCING (check one of the following): CONTRACT or 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 Seller, 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, 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:
EQUITY (check one of the following): Formal Assumption or Informal Assumption
Upon execution and delivery of: Warranty Deed subject to existing mortgage OR 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:
OTHER:
9. Contingencies: Buyer’s obligation to consummate this transaction (check one):
IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:
A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
Money Deposit.
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 Earnest Money 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, unless rented, including the
following: all buildings; landscaping; attached smart home devices; attached security systems; 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; 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; 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:
254 W Southern, Muskegon, MI 49441
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations FAL
Revision Date 2/2020 07/07/20 Buyer’s Initials Seller’s Initials
11:04 AM EDT
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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, 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,
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.
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 Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
property is transferred.
No proration. (Choose one):
Buyer Seller will pay taxes billed summer (year);
Buyer 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.
Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. 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, 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 Earnest Money 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 Earnest Money 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 Earnest Money 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
254 W Southern, Muskegon, MI 49441
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations FAL
Revision Date 2/2020 07/07/20
Buyer’s Initials Seller’s Initials
11:04 AM EDT
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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 Earnest Money 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.
Buyer has waived all rights under this Inspections & Investigations paragraph.
16. Municipal Compliances: 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
ALTA 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 ALTA 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 Earnest Money 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 Earnest Money 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:
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.
Buyer or Seller (check one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey certified
to Buyer with iron corner stakes showing the location of the boundaries, improvements and easements in connection with the Property.
Upon receipt of the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole
discretion, which would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then
Buyer may, within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest
Money Deposit.
No survey. Buyer has waived all rights under this paragraph.
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 existing 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. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than
07/20/2020 . 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 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.
At the completion of the closing of the sale.
At a.m. 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 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 $ per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller
from the Property.
254 W Southern, Muskegon, MI 49441
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations FAL
Revision Date 2/2020 07/07/20 Buyer’s Initials Seller’s Initials
11:04 AM EDT
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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. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 1:00 (time) on
07/07/2020 (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by
Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $ 500.00
shall be submitted to Within 72 hours of accepted offer to title company of sellers choice (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 Earnest
Money 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 Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller
waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other
than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement
and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding
the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If
Buyer and Seller 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 either Buyer or Seller object 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 Buyer and Seller.
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. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement
conflict with this paragraph, then the terms and conditions of the escrow agreement shall control.
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 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 REALTORS® 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 Buyer and Seller, and there are no
oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed
by Buyer and Seller and attached to this Agreement.
28. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller 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. Buyer and Seller further agree that an electronic signature is the legal
equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s)
required or permitted under this Agreement may also be transmitted by facsimile or other electronic means.
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.
254 W Southern, Muskegon, MI 49441
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations FAL
Revision Date 2/2020 07/07/20 Buyer’s Initials Seller’s Initials
11:04 AM EDT
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30. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
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Flippin Awesome, LLC 07/07/20 11:04 AM EDT
Buyer 1 Address X BCV0-DQCL-RLUU-CMMJ Buyer
Buyer 1 Phone: (Res.) (Bus.) Flippin Awesome, LLC
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.
31. Seller’s Response: The above offer is approved: 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 Buyer that the Property is currently in the same condition as
disclosed in the Seller’s Disclosure Statement dated (check one): Yes No. Seller agrees to inform 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 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. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form
is available from the respective agents via the West Michigan REALTOR® Boards.
34. Listing Office Address: Listing Broker License #
Listing Agent Name: Listing Agent License #
35. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s
response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required
below.
X (Seller’s Signature, Date, Time):
City of Muskegon Is Seller a U.S. Citizen? Yes No*
Print name as you want it to appear on documents.
X (Seller’s Signature, Date, Time):
Is Seller a U.S. Citizen? Yes No*
Print name as you want it to appear on documents.
Seller’s Address: Seller’s Phone (Res.) (Bus)
* If Seller(s) is not a U.S. Citizen, there may be tax implications and Buyer and Seller are advised to seek professional advice.
36. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response
constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged.
X (Buyer’s Signature, Date, Time):
X (Buyer’s Signature, Date, Time):
37. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer.
X (Seller’s Signature, Date, Time):
X (Seller’s Signature, Date, Time):
254 W Southern, Muskegon, MI 49441
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations FAL
Revision Date 2/2020 07/07/20 Buyer’s Initials Seller’s Initials
11:04 AM EDT
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 14, 2020 Title: LMC Loan Agreement Loan# 41
Submitted By: Jeffrey Lewis Department: Public Safety
Brief Summary: Review the Loan Agreement between the Lakeshore Museum Center and the City
of Muskegon for displaying the 1923 LaFrance Fire Engine and attached equipment.
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Accept the terms of Loan #41 between LMC and the City of Muskegon.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept. X
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 14, 2020 Title: Muskegon Central Dispatch Tower Site
Lease Agreement
Submitted By: Jeffrey Lewis Department: Public Safety
Brief Summary: Review and approve the attached MCD tower site lease agreement. As detailed in
the attached lease agreement, the tower site lease includes all communication equipment and
buildings necessary for use and maintenance of the newly constructed communications tower.
Detailed Summary:
Amount Requested: 0.00 Amount Budgeted: n/a
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Approval of the tower site lease agreement between the City of Muskegon
and Muskegon Central Dispatch.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept. X
IT Dept.
For City Clerk Use Only:
Commission Action:
SITE LEASE AGREEMENT
THIS SITE LEASE AGREEMENT ("Lease") is made and entered into this , by
and between The City of Muskegon, a , whose mailing address is 933
Terrace Street, Muskegon, Michigan, hereinafter referred to as "Lessor," and Muskegon Central
Dispatch, a Michigan agency, whose mailing address is 770 Terrace Street, Muskegon, Michigan
49440, hereinafter referred to as "Lessee". Lessor and Lessee are each referred to here-in as a
"Party," and are collectively referred to here-in as the "Parties."
IT IS HEREBY AGREED that, for the sum of ten and 00/100 dollars ($10.00) and other
good and valuable consideration, the receipt of which is hereby acknowledged, Lessor will
provide Lessee with certain property, for constructing, installing, housing, and operating certain
communications equipment, including but not limited to transmitter/receiver base stations, towers,
antenna systems, repeaters, generators and related equipment, buildings and other improvements
to house or shelter such equipment, and all other equipment necessary for Lessee's operations on
the Site (defined below) and Leased Premises (defined below) (collectively, the
"Communications Equipment").
1. Leased Premises. Lessor hereby leases to Lessee a portion of that
certain parcel of real property, owned by Lessor, and commonly known as 770 Terrace Street,
Muskegon, Michigan and as legally described on the attached Exhibit A (hereinafter referred to
as the "Site"). Specifically, Lessor will lease to Lessee that portion of the Site approximately
depicted on the attached Exhibit B, which will be referred to herein as the "Leased Premises".
The Leased Premises shall also include, but not be limited to, the following:
A. Space for the construction and installation of Lessee's Communication Equipment,
including but not limited to, tower and fenced in equipment shelter compound,
generator, fuel source, and building. All Communications Equipment will be
located within the Leased Premises. Lessee may make any and all repairs,
replacements, and/or additions to the Communications Equipment in the ordinary
course of Lessee’s business.
B. Space to provide telephone, fiber optic network cabling and equipment, and
microwave data equipment, both inside and outside of the shelter compound
(underground / overhead) to serve the Communications Equipment.
C. Space to run telephone lines, coaxial cable, fiber, and applicable utilities across the
Site to Lessee's shelter compound and Communications Equipment within the
Leased Premises. Lessor agrees to grant to Lessee or to the utility companies as
Lessee may designate, a "utilities path" necessary to serve the Communications
Equipment consistent with the Easements (defined below) granted pursuant to
Section 5 hereof.
2. Rent. Except as expressly set forth herein to the contrary, Lessee shall not be
required to pay to Lessor rent or any other payment for the rights and interests granted to Lessee
under this Lease.
3. Term. This Lease will continue for a term of ninety-nine (99) years, commencing
on ______________________, 2020, hereinafter referred to as the "Commencement Date".
Lessee may terminate this Lease at any time on ninety (90) days prior written notice to Lessor.
4. Access to the Leased Premises. Lessee will have the right of access to the Site and
Leased Premises, twenty- four (24) hours a day, seven (7) days a week as may be required for
Lessee to access, construct, install, operate, maintain, repair, protect, or secure the
Communications Equipment, and otherwise exercise the rights granted herein.
5. Utilities; Access.
(a) Lessee shall have the right to install utilities, at Lessee’s expense, and to improve the
present utilities on or near the Leased Premises (including, but not limited to the installation of
emergency back-up power). Subject to Lessor's approval of the location, which approval shall not
be unreasonably withheld, conditioned, or delayed, Lessee shall have the right to place utilities on
(or to bring utilities across) the Site in order to service the Leased Premises and the
Communications Equipment. Upon Lessee’s request, Lessor shall execute recordable easement(s)
evidencing these rights.
(b) Lessor hereby grants Lessee an easement in, under and across the Site for ingress,
egress, utilities and access to the Leased Premises adequate to install and maintain utilities, which
may include, but are not limited to, the installation of power and telephone service cables, and to
access and service the Leased Premises and the Communications Equipment at all times during
the term of this Lease (collectively, the "Easements"). The Easements shall have the same term as
this Lease.
6. RF Compliance. Lessee will maintain its Communications Equipment in compliance
with the Federal Communications Commission (FCC) guidelines. The Lessor agrees to restrict
access to the Site and allow the posting of warning signs as specified in any routine evaluation that
may be performed by Lessee, if required by the FCC.
7. Non-Interference.
(a) Lessor shall not use, nor shall Lessor permit its tenants, licensees, grantees, employees,
invitees or agents to use the Site in ways that interfere with Lessee's operations or the
Communications Equipment. Lessor shall not install new equipment on the Site or on any adjacent
property owned or controlled by Lessor, if such equipment is likely to cause interference with
Lessee's operations or Communications Equipment. Such interference shall be deemed a material
breach of this Lease by Lessor. In the event any interference occurs, Lessor agrees to take all
reasonable steps necessary to eliminate such interference within a reasonable time period,
provided, that if the interference cannot be eliminated within forty-eight (48) hours after receipt of
written notice from Lessee to Lessor, Lessor shall temporarily disconnect the electric power to and
shut down the interfering equipment (except for intermittent operation for the purpose of testing,
after performing maintenance, repair, modification, replacement, or other action taken for the
purpose of correcting such interference), and, further provided, if such interference is not corrected
within thirty (30) days after receipt of the written notice, Lessor shall remove or cause the removal
of the interfering equipment. Lessee shall have the right, in addition to any other rights that it
may have at law or in equity, to bring a court action to enjoin such interference or to terminate this
Lease immediately upon written notice.
(b) Lessor will include non-interference terms similar to those in Section 7(a) above in all
future agreements for use of adjacent property owned or controlled by Lessor.
8. Notice. Any notice or demand required or permitted to be given hereunder will be
sufficiently given if made by regular, registered, certified mail, postage prepaid, or return receipt
requested, or nationally recognized overnight courier. Any such notice or demand will be deemed
to have been made three (3) business days after it is postmarked in the United States Postal Service,
if by mail, or the next business day if by overnight courier. Either Party may from time to time
designate any other address for this purpose by giving written notice thereof to the other Party.
9. Defaults and Remedies. Failure by either Party to perform any obligation under this
Lease will not constitute default unless the non-defaulting Party gives the defaulting party prior
written notice of such failure, and the defaulting Party fails to correct such failure within thirty (30)
days of that notice; provided, however, that if any such default cannot reasonably be cured within
thirty (30) days, there will be no default if the defaulting Party commences to cure such default
within the thirty (30) day period and thereafter diligently pursues such cure to completion within
sixty (60) days after such notice.
In the event of a default as provided above, the non-defaulting Party, in addition to any
other rights it may have at law or in equity, will have the right to terminate this Lease upon ten
(10) days prior written notice to the other Party.
10. Taxes. Lessor shall be responsible for all real property taxes and special
assessments levied against the Site and the Leased Premises. Lessee shall be responsible for any
taxes levied against or attributable to the Communications Equipment or other personal property
located on the Leased Premises.
11. Insurance. Lessee will secure and maintain during the term of this Lease, at its sole
cost and expense, a policy of commercial general liability insurance, on an occurrence basis, in the
amount of one million and 00/100 dollars ($1,000,000.00) combined single limit for bodily injury
and/or property damage.
12. Condition of Leased Premises; Removal of Communications Equipment.
(a) Lessor will furnish the Site, including the Leased Premises, to Lessee in good
condition and repair and will maintain the Site in good condition and repair during the terms of
this Lease, including maintenance, repair and snow and ice removal with respect to the roadway(s)
on the Site providing access to the Leased Premises.
(b) Lessee shall remove the Communications Equipment from the Leased Premises at
such time as Lessee ceases to use the Communications Equipment for public safety purposes,
whether by termination of this Lease or otherwise. All costs of such removal will be at the expense
of Lessee.
13. Assignment. Upon Lessor's written consent, which will not be unreasonably
withheld, conditioned or delayed, Lessee will have the right at any time to assign this Lease. Upon
such assignment, Lessee will be relieved of all obligations hereunder solely to the assignee for the
performance of all obligations hereunder.
14. Governmental Approvals. Lessor represents and warrants that the Site, and any
improvements thereon, comply with all applicable laws, ordinances, rules and regulations of any
municipal, state or federal government having jurisdiction over the Site, including but not limited
to zoning and building codes. Lessor further represents and warrants that there are not outstanding
or pending notices of violation issued against the Site as of the date of this Lease that would
prevent, or otherwise interfere with, Lessee's intended use of the Site.
Lessee will at all times comply with all laws, ordinances, rules and regulations of
municipal, state, and federal governmental authorities relating to the installation, maintenance,
height, location, use, operation, and removal of its Communications Equipment, and other
alterations or improvements authorized herein. Lessee, at its expense, will be responsible for
obtaining and maintaining all permits or approvals required by governmental or regulatory
agencies arising out of the Lessee's intended use of the Site. Lessor agrees to fully cooperate with
Lessee in obtaining such permits and approvals and, without limiting the generality of the
foregoing, to execute any applications, maps, certificates or other documents that may be required
in connection with the permits and approvals.
16. Quiet Enjoyment, Title and Authority. Lessor covenants and warrants to Lessee
that (i) Lessor has full right, power and authority to execute this Lease; (ii) Lessor has title to the
Site free and clear of any liens or mortgages, except those disclosed to Lessee, of record, or which
will not interfere with Lessee's rights to or use of the Leased Premises; and (iii) execution and
performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of
any mortgage, lease, or other agreement binding on Lessor. Lessor covenants that at all times
during the term of this Lease, Lessee's quiet enjoyment of the Leased Premises or any part thereof
shall not be disturbed as long as Lessee is not in default beyond any applicable notice and grace
or cure period.
17. Representations and Warranties. Lessor represents and warrants that:
(a) it is the owner of the Site in fee simple, unencumbered by any lien, agreement,
mortgage, condition or covenant that would adversely affect Lessee's use of the Leased Premises
pursuant to this Lease;
(b) it is duly organized, validly existing and in good standing and has all the rights, powers
and authority to make this Lease and bind itself through the party set forth below as signatory of
Lessor; and
(c) it has no knowledge of any substance, chemical or waste (collectively “Hazardous
Substance”) on the Site or Leased Premises that is identified as hazardous, toxic or dangerous in
any applicable federal, state or local law or regulation. Lessor shall not introduce or use (or permit
the use of) any Hazardous Substance on the Site or Leased Premises in violation of any applicable
federal, state or local environmental laws. Lessor shall be responsible for (and shall promptly
conduct any investigation and remediation as required by any applicable environmental laws), and
shall indemnify and hold Lessee harmless from and against, all spills or other releases of any
Hazardous Substance caused by Lessor or its agents, that have occurred or which may occur on
the Site.
18. Waiver of Lessor's Lien. Lessor hereby waives any and all lien rights it may have,
statutory or otherwise, concerning the Communications Equipment or any portion thereof, which
shall be deemed personal property for the purposes of this Lease, whether or not the same is
deemed real or personal property under applicable laws, and Lessor gives Lessee the right to
remove all or any portion of the same from time to time, whether before or after a default under
this Lease, in Lessee's sole discretion and without Lessor's consent.
19. Condemnation of Site. If a proceeding is instituted by any governmental authority
pursuant to which the Site, in whole or in part, is proposed to be taken or condemned, Lessee will
have the option to terminate this Lease at any time thereafter during the pendency of such
proceeding without further liability hereunder, upon thirty (30) days written notice to Lessor.
Lessee may, at its own expense, make a claim in any condemnation proceeding involving the Site
for losses related to Lessee's Communications Equipment and relocation costs.
20. Estoppel Statement. Each Party shall, at any time and from time to time upon not
less than fifteen (15) days prior written request from the other Party, deliver to the requesting Party
a statement in writing certifying that (a) this Lease is unmodified and in full force (or if there have
been modifications, that this Lease is in full force as modified and identifying the modifications);
and (b) so far as the person making the certificate knows, the requesting Party is not in default
under any provisions of this Lease.
21. Force Majeure. If a Party is delayed or hindered in, or prevented from the
performance required under this Lease (except for payment of monetary obligations) by reason of
earthquakes, landslides, strikes, lockouts, labor troubles, failure of power, riots, insurrections, war,
acts of God or other reasons of like nature, not the fault of the Party delayed in performing work
or doing acts, and where reasonable measures by such Party could not have avoided or mitigated
the effects of such acts, then such Party is excused from such performance for the period of delay.
The period for the performance of any such act shall then be extended for the period of such delay.
In the event that Lessee invokes this provision because damage to the Site has hindered, delayed,
or prevented Lessee from using the Leased Premises, Lessee may immediately erect any temporary
facilities on another portion of the Site as necessary to resume service.
21. Memorandum. At Lessee's request, the Parties shall execute a memorandum of this
Lease to be recorded in the Muskegon County Register of Deeds.
22. Consent. Whenever under the Lease, the consent of approval of either Party is
required or a determination must be made by either Party, no such consent or approval will be
unreasonably withheld or delayed, and all such determinations will be made on a reasonable basis
and in a reasonable manner.
23. Modifications. No modification, alteration, or amendment to this Lease shall be
binding unless in writing and signed by both Lessor and Lessee.
24. Broker's Commission. Lessor and Lessee warrant and represent to each other that
they have had no dealings with any real estate brokers or agents in connection with the negotiation
of this Lease. Each Party agrees to indemnify and hold the other harmless from any cost, expense
or liability (including reasonable attorneys' fees) for any compensation, commissions or other
charges claimed by any real estate broker or agent employed or claiming to represent that Party in
connection with the negotiation of this Lease.
25. Counterparts; Electronic Signatures. This Lease may be executed in multiple
counterparts and by emailed "pdf" transmission or similar electronic transmission, each of which
shall be deemed an original and all of which shall constitute one agreement, and the signature of
either Lessor or Lessee to any counterpart shall be deemed to be a signature to, and may be
appended to, any other counterpart.
26. Entire Agreement and Binding Effect. This Lease constitutes the entire agreement
between Lessor and Lessee and shall supersede all prior offers, negotiations and agreements; no
prior written or contemporaneous oral promises or representations will be binding. The
undersigned have full power and authority to bind their principals to this Lease. This Lease will
not be amended, or changed except by written instrument signed by both Parties hereto. If any
clause or provision of this Lease is found to be invalid and unenforceable with respect to any Party,
the remainder of this Lease will not be affected and will remain valid and enforceable. Section
captions herein are for convenience only, and neither limit nor amplify the provisions of this Site
Lease.
The provisions of this Lease will be binding upon and inure to the benefit of the Parties
hereto and their respective heirs, executors, administrators, successors, transferees, and permitted
assignees.
27. Choice of Law. The Lease will be governed and construed by the laws of the State
of Michigan. Unresolved disputes will be heard in a Court of competent jurisdiction in Muskegon
County.
[Signatures are located on the following page.]
IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease, effective as of
this ____ day of , 2020.
LESSOR:
City of Muskegon,
a Michigan municipal corporation
By:
Name:
Its:
LESSEE:
MUSKEGON CENTRAL DISPATCH 9-1-1,
a Michigan agency
By:
Name:
Its:
16360000
[Signature Page to Site Lease Agreement]
EXHIBIT A
LOCATION
LATITUDE 43° 14’ 20.7’’ N
LONGITUDE 86° 14’ 53.9’’ W
GROUND ELEVATION AT BASE OF TOWER = 609.5
LEGAL DESCRIPTION OF OVERALL PARCEL
LEGAL DESCRIPTION OF A PARCEL OF LAND LOCATED
IN THE SOUTHEAST ¼ OF SECTION 19, TOWN 10 NORTH, RANGE 16 WEST,
CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN
Lots 9 thru 13, including and part of lots 2 thru 6 and 14, block 556. Revised plat of 1903
described as follows:
Beginning at the south most corner of block 556, said Revised Plat (also being the intersection of
the northwesterly right of way line of Western Avenue and the northerly right of way line of
Terrace Street);
Thence N 61° 13’ 00’’ W along the northerly right of way line of Terrace Street a
distance of 254.92 feet;
Thence N 28° 47’ 00’’ E a distance of 222.24 feet;
Thence S 61° 13’ 00’’ E a distance of 269.90 feet;
Thence S 31° 32’ 18’’ E a distance of 97.03 feet;
Thence S 58° 27’ 42’’ W along the northwesterly right of way line of Western Avenue
a distance of 200.50 feet to the POINT OF BEGINNING. Being a part of the
southeast ¼ of section 19, Town 10 North, Range 16 West,
City of Muskegon, Muskegon County, Michigan
BENCH MARK
Southwesterly top of a concrete light pole base located at the northeasterly side of a parking lot,
+/- 195 feet northwest of the centerline of Western Avenue; +/- 185 feet easterly of the proposed
tower location;
Elevation = 607.74 (NAVD88 DATUM)
EXHIBIT B
Depiction of the Leased Premises
*** See attached site plan provided by Pyramid Network Services ***
VICINITY MAP - OVERALL NORTH
VIRIDIAN DR.
SHORELINE DR. SITE #30003 - "MUSKEGON
CENTRAL DISPATCH"
SP
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AV
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ER
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T
ES
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____ TERRACE STREET
TE
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RR W
A W.
A
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IS
ST
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RR
MO
MUSKEGON, MICHIGAN 49440
PI
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RS
SO
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VICINITY MAP NORTH
APPLICANT PROJECT MANAGER
T1
T2
SURVEYOR: C1
PROPERTY INFORMATION C2
PROJECT DESCRIPTION C3
C4
CIVIL ENGINEER:
D1
DO NOT SCALE DRAWINGS E1
E2
E3
E4
E5
GENERAL CONTRACTOR NOTES
MIDWESTERN
N S T I N
3815 Plaza Drive Ann Arbor, Michigan 48108
(734) 995-0200 • www.midwesternconsulting.com
SHEET INDEX Land Development • Land Survey • Institutional • Municipal
Wireless Communications • Transportation • Landfill Services
CODE COMPLIANCE PROJECT SUMMARY PROJECT TEAM
©
©
GENERAL NOTES / CONDITIONS OF APPROVAL
”
“
”
2
MISCELLANEOUS NOTES AND MATERIAL LIST
1
MIDWESTERN
N S T I N
3815 Plaza Drive
Ann Arbor, Michigan 48108
(734) 995-0200
www.midwesternconsulting.com
Land Development • Land Survey
Institutional • Municipal
Wireless Communications
Transportation • Landfill Services
©
MIDWESTERN
N S T I N
3815 Plaza Drive
Ann Arbor, Michigan 48108
(734) 995-0200
www.midwesternconsulting.com
Land Development • Land Survey
Institutional • Municipal
Wireless Communications
Transportation • Landfill Services
©
MIDWESTERN
N S T I N
3815 Plaza Drive
Ann Arbor, Michigan 48108
(734) 995-0200
www.midwesternconsulting.com
Land Development • Land Survey
Institutional • Municipal
Wireless Communications
Transportation • Landfill Services
©
POLE ELEVATION
ANTENNA/APPURTENANCE LOCATION CHART
1
2
MIDWESTERN
N S T I N
3815 Plaza Drive
Ann Arbor, Michigan 48108
(734) 995-0200
www.midwesternconsulting.com
Land Development • Land Survey
Institutional • Municipal
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©
ANTENNA STANDOFF MOUNT
MICROWAVE DISH MOUNT
2
1
MIDWESTERN
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Ann Arbor, Michigan 48108
(734) 995-0200
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Land Development • Land Survey
Institutional • Municipal
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©
CHAINLINK FENCE DETAIL AND NOTES - NOT TO SCALE
BARBED WIRE DETAIL
MIDWESTERN
N S T I N
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Ann Arbor, Michigan 48108
(734) 995-0200
www.midwesternconsulting.com
Land Development • Land Survey
Institutional • Municipal
Wireless Communications
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©
·
·
MIDWESTERN
N S T I N
3815 Plaza Drive
Ann Arbor, Michigan 48108
(734) 995-0200
www.midwesternconsulting.com
Land Development • Land Survey
Institutional • Municipal
Wireless Communications
Transportation • Landfill Services
©
MIDWESTERN
N S T I N
3815 Plaza Drive
Ann Arbor, Michigan 48108
(734) 995-0200
www.midwesternconsulting.com
Land Development • Land Survey
Institutional • Municipal
Wireless Communications
Transportation • Landfill Services
©
MIDWESTERN
N S T I N
3815 Plaza Drive
Ann Arbor, Michigan 48108
(734) 995-0200
www.midwesternconsulting.com
Land Development • Land Survey
Institutional • Municipal
Wireless Communications
Transportation • Landfill Services
©
TOWER GROUNDING DETAIL
1
FENCE POST AND GATE GROUNDING DETAILS
2
MIDWESTERN
N S T I N
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GROUNDING ELECTRODE DETAIL
GROUND ROD DETAIL
1
INSPECTION WELL DETAIL
5
3
TOWER GROUNDING DETAIL
2
TOWER GROUND BAR DETAIL
GROUND BAR INSTALLATION DETAIL
4
6
CADWELD CONNECTION VARIATIONS
7
MIDWESTERN
N S T I N
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Ann Arbor, Michigan 48108
(734) 995-0200
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Land Development • Land Survey
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Wireless Communications
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 14, 2020 Title: Marina & Launch Ramp Parking
Ordinance Amendments
Submitted By: Jeffrey Lewis Department: Public Safety
Brief Summary: Review and approve the amended ordinances including Sec 58-5 naming the
Department of Public Works as the successor to the Department of Leisure Services. Sec 92-73
parking violations bureau; minimum parking fines, and 92-74 Marina parking restrictions; violation
as a municipal civil infraction and public boat launch permit violation fines
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Approval of amended ordinances for Marina and Launch Ramp Parking.
Check if the following Departments need to approve the item first:
Police Dept. ☒
Fire Dept. ☐
IT Dept. ☐
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 12, 2020 Title: Approval of Sale: City Home at 567
Leonard Avenue
Submitted By: Oneata Bailey Department: Community & Neighborhood
Services
Brief Summary: To approve the resolution and instruct the Community and Neighborhood Services
Department to complete the sales transaction with Cassandra Wallace for the rehabilitated home at 567
Leonard Avenue for a purchase price of $85,000.
Detailed Summary:
Amount Requested: $ Amount Budgeted: $
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the resolution and direct the CNS staff to 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:
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE SALE OF
HUD PROPERTY AT 567 LEONARD AVENUE
WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;
WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;
WHEREAS, the City of Muskegon is dedicated to promoting
homeownership throughout its neighborhoods;
NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approves the sale of the property at 567 Leonard to Dennis Hershey. This
home has been rehabilitated by Community and Neighborhood Services
Department through the Home-Buyer Program.
Adopted this 15th of July, 2020.
Ayes:
Nays:
By ______________________________
Stephen J. Gawron, Mayor
By ______________________________
Ann Marie Meisch, MMC City Clerk
AM_Resolution
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