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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 11, 2020 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ ROLL CALL:
□ HONORS, AWARDS, AND PRESENTATIONS:
A. Tribute to Muskegon Police Department
B. 8 Can’t Wait
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Amendment to the Temporary Uses Ordinance – 2nd Reading Planning
C. Mobile Food Vending Ordinance Updates-2nd Reading City Clerk
D. Additional Costs-HVAC System at Mercy Health Arena Finance
E. Second Floor Furniture Development Services
F. Brownfield Development and Reimbursement Agreement, Harbor West,
LLC Economic Development
G. Concession Agreement – Grand Traverse Pie Company Public Works
H. Holiday Display Items Public Works
I. AWIA (America’s Water Infrastructure Act) 2018 Public Works
J. Amity Avenue Water & Sewer Upgrade Public Works
K. Peck Street Water & Sewer Upgrades Public Works
L. Water Supply System Bonds Finance
M. Sanitary Sewer Supply System Bonds Finance
Page 1 of 2
□ PUBLIC HEARINGS:
A. Public Hearing on Michigan Natural Resources Trust Fund Application for
Campbell Field Public Works
□ UNFINISHED BUSINESS:
A. Muskegon Central Dispatch Tower Site Lease Agreement Public
Safety – No action requested at this time.
□ NEW BUSINESS:
A. Designation of Voting Delegates for the Michigan Municipal League
Annual Meeting City Clerk
B. Small Retailer Assistance Program Development Services
C. Purchase Agreement 1188 4th Street City Manager
D. Groundwater Ordinance Amendment Planning
E. City of the Dead Event Planning
F. Swan Alpha Development Agreement City Manager
G. 4th Amendment to Lease – Lumberjacks City Manager
H. Beach Noise and Signage Commissioner Emory
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 11, 2020 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the and July 28, 2020 Regular City Commission
meetings.
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
JULY 28, 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, July 28, 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., and Teresa Emory, City
Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent: Commissioner Michael Ramsey
2020-43 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the July 13, 2020 Worksession
and July 14, 2020 Regular City Commission meetings.
STAFF RECOMMENDATION: To approve the minutes.
B. FY2020-21 Sewer Rate Resolution Update Finance
SUMMARY OF REQUEST: The FY 2020-21 sewer rate increase as agreed to at the
July 13, 2020 Commission Worksession is 5%, this resolution establishes the new
rate.
At the June 23, 2020 meeting the Commission approved a 3% sewer rate
increase, after further discussion at the July 13, 2020 Worksession, a 5% sewer
rate was agreed upon. This resolution establishes the new sewer rate.
STAFF RECOMMENDATION: To adopt the FY2020-21 Sewer Rate Resolution.
Page 1 of 9
C. 9th Street Sewer & Getty Force Main Project – Change Order #001
Public Works
SUMMARY OF REQEUST: Change Order #001 for projects 91852 & 91853
exceeds the staff authorization levels and requires Commission Approval.
Change Order #001 for the 9th Street Sewer & Getty Force Main Project (91852 &
91853 exceeds the staff approval level of $30,000. The change order includes
additional payment for removal of timber obstructions on the bore and jack
placement under Shoreline Drive and other minor revisions. The total Change
Order value represents an increase of $35,202.25 which has been reviewed by
staff and is recommended.
The original contract value is $1,899,971.50 The recommended change order
represents an increase of 1.8% to the project cost.
The total project budget includes up to a 6% contingency which is not
exceeded by this change order. Staff will pursue reductions in project cost on
future items to offset the increase.
AMOUNT REQUESTED: $0 – (Covered by budgeted contingency)
AMOUNT BUDGETED: $2,217,530.00
FUND OR ACCOUNT: 290-91852/91853
STAFF RECOMMENDATION: Authorize staff to approve Change Order #001
for Project 91852 & 91853.
D. Tetratech Professional Services Agreement Public Works
SUMMARY OF REQUEST: Filtration plant is requesting approval to enter into
professional services agreement with Tetratech for MCC upgrades at Harvey
Booster Station.
The 1960’s Motor Control Center (MCC) #1 at Harvey Station requires upgrading
because of reliability issues. Upgrading soft starters for constant speed Pumps #1
and #2 to variable frequency drives (VFDs) will add reliability, efficiency and
level of service. The scope of work also includes bidding, construction
assistance, and programming. Tetra Tech is being recommended since they
were the engineer for the control system upgrades project and their familiarity
with our system. The funding will come from budgeted item for Harvey Pump
Station for $405,000. Shown as Water Filtration – WRMWA Ineligible in the 20/21
Budget.
AMOUNT REQUESTED: $31,000 AMOUNT BUDGETED: $405,000
FUND OR ACCOUNT: 591-60558-5400
STAFF RECOMMENDATION: Authorize staff to enter into professional services
agreement with Tetratech for MCC up grades at Harvey Booster Station for
$31,000.
Page 2 of 9
E. Concession Agreement – Pizza Cone Trolley Public Works
SUMMARY OF REQUEST: Staff is asking permission to enter into a contractual
agreement with Greg Bush of “The Pizza Cone Trolley” at Pere Marquette Park.
Staff is asking permission to enter into a Concession Agreement for 2020 with
Greg Bush of “The Pizza Cone Trolley” at Pere Marquette Park. Commission from
said Concession would be $300.00 (Prorated for partial season in 2020) plus 5% of
Gross Receipts.
STAFF RECOMMENDATION: Authorize staff to enter into a Concession
Agreement with Greg Bush of “The Pizza Cone Trolley” at Pere Marquette Park.
F. Concession Agreement – Carlson Almonds Public Works
SUMMARY OF REQUEST: Staff is asking permission to enter into a contractual
agreement with Ron Carlson of “Carlson Almonds” at Pere Marquette Park.
Staff is asking permission to enter into a Concession Agreement for 2020 with Ron
Carlson of “Carlson Almonds” at Pere Marquette Park. Commission from said
Concession would be $300.00 (prorated for partial season in 2020) plus 5% Gross
Receipts.
STAFF RECOMMENDATION: Authorize staff to enter into a Concession
Agreement with Ron Carlson of “Carlson Almonds” at Pere Marquette Park.
G. Vehicle Replacement DPW/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase two (2) Chevy Impalas from Betten Chevrolet for police administration
vehicle replacement. The cost for the two vehicles will be $51,053.36
One vehicle was scheduled to be replaced in the current budget year and the
second, to be reforecast, after insurance payout for the first quarter. This vehicle
was involved in a “not at fault” accident and was totaled out by the insurance
company, it is being replaced immediately because of GM stopping production
of the Impala line, making them very hard to find. We were very fortunate to find
two at our local dealer as they are no longer available through MiDeal.
With the rent already collected on the wrecked vehicle ad the insurance
payout we will have money in the Equipment budget for this purchase.
AMOUNT REQEUSTED: $51,053.36
AMOUNT BUDGETED: $25,000 + TBD Insurance
FUND OR ACCOUNT: 661-60932
STAFF RECOMMENDATION: Authorize staff to move forward with purchase.
H. 2020 Byrne JAG Grant Public Safety
SUMMARY OF REQUEST: Approval to enter into a MOU with the County of
Muskegon and the City of Muskegon Heights for the 2020 JAG Grant like
Page 3 of 9
previous years. The City of Muskegon will continue to act as fiduciary and
receive $17,866, the City of Muskegon Heights would be our sub-awardee and
receive $15,130 and the County of Muskegon would not receive funding. There
is no match requirement for this grant. The City of Muskegon’s portion of this
grant will be used in continuation of the manner in previous years where it is
used for prosecution of city ordinance cases dealing primarily with
neighborhood issues.
STAFF RECOMMENDATION: Approve the MOU for the 2020 Byrne JAG Grant.
I. Cooperative Mutual Aid Fire Control Agreement Public Safety
SUMMARY OF REQUEST: This is to request the City of Muskegon enter into
agreement with the Michigan Department of Natural Resources (DNR), the
Cooperative Mutual Aid Fire Control Agreement as described under Public Act 7
of 1967 and Part 515 of Act 451 of 1994, as amended.
This agreement will give the City access to the Department of Defense (DoD)
“Firefighter Program Property” for local fire department’s use. In short, the
agreement gives the City access to wildland firefighting equipment at no cost.
The City currently protects 1,784 acres of public land and 1,824 acres of vacant
land with few resources to fight wildland fires. The fire department would like the
ability to apply for wildland firefighting equipment to enhance the protection of
vacant and wildland properties.
STAFF RECOMMENDATION: Enter into agreement with the DNR’s Cooperative
Mutual Aid Fire Control Agreement.
K. Purchase Agreement 1188 4th Street City Manager
SUMMARY OF REQUEST: City staff is seeking authorization to enter into the
purchase agreement with LeighAnn Mikesell, a City of Muskegon employee.
1188 4th Street was a regular area of concern among neighbors. In an attempt
to help mitigate the concerns, the City purchased the property and completed
a renovation. The property was listed on the MLS for $229,900; an offer was
accepted for $225,000. Staff is seeking permission to approve the purchase
agreement and complete the sale. Note that this property is part of the
scattered site brownfield project. Any difference in sales price and renovation
cost will be recovered via tax capture.
In order to comply with state and local conflict of interest concerns, Ms. Mikesell
has submitted a letter to the mayor disclosing her interest in the property and
outlining the benefits of this sale to her and to the City. The letter has been
noticed to the public along with the agenda for the commission meeting.
The sale can only be approved by a unanimous vote of all commissioners.
If approved, the minutes of the commission meeting must disclose the name of
each party involved in the contract, the terms of the contract, the nature of the
Page 4 of 9
financial interest of the public servant with the conflict, and that the sale is in the
best interests of the City.
STAFF RECOMMENDATION: Declare that the sale is in the best interest of the
City to sell the property to Ms. Mikesell and authorize the City Manager to sign
the purchase agreement and complete the sale.
Motion by Commissioner Rinsema-Sybenga second by Commissioner Johnson,
to approve the consent agenda as presented, except item J.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
2020-44 REMOVED FROM CONSENT AGENDA:
J. Lakeview Lofts Phase II Bridge Loan Economic Development
SUMMARY OF REQUEST: The developers at Lakeview Lofts have run into COVID-
19 related delays and impacts from MEDC related to their contribution to the
capital stack for the second building on Western Avenue. The project has a
reservation for some crucial components and are requesting a bridge loan from
the Economic Development Fund to keep the project on schedule.
Lakeview Lofts Phase II has a capital stack that includes financing from both
PNC Bank and the Michigan Economic Development Corporation. The MEDC
has previously issued a letter of intent (LOI) that expired during the pandemic
due to PNC Bank holding up their end of the financing. Since then, MEDC has
been very slow to reissue the LOI and has held up the process to a point that the
developers are at risk of losing their reservation for commercial concrete and
foundation construction. If this occurs, the project will be pushed to next year,
and the PNC portion of the financing will be lost as a portion is Opportunity Fund
investments which must be committed by the end of the calendar year. This
would endanger the project in total, which consists of 35 apartments and a new
restaurant space. Staff recommends granting the loan as applied for, with a
maximum interest free term of 6 months. If 6 months is exceeded, retroactive
interest payments of prime plus 2% should be added to the principal, and
default may be pursued by the City of Muskegon.
AMOUNT REQUESTED: $450,000
AMOUNT BUDGETED: N/A, Capital Funding
FUND OR ACCOUNT: Economic Development Revolving Fund
STAFF RECOMMENDATION: Motion to approve Economic Development Loan
to 351 II LLC in the amount of $450,000 for a term not to exceed 180 days, and
with immediate lump sum repayment upon execution of other project financing.
Page 5 of 9
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve Economic Development Loan to 351 II LLC in the amount of $450,000
for a term not to exceed 180 days, and with immediate lump sum repayment
upon execution of other project financing.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, and
German
Nays: None
MOTION PASSES
2020-45 PUBLIC HEARINGS:
A. Infill Housing Project Brownfield Public Hearing Economic Development
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution
which seeks to adopt an amendment to the Brownfield Plan (city’s Infill Housing
Project, 1st Amendment) On July 14, 2020 the BRA approved the Plan
amendment and further recommends that the Muskegon City Commission
approve the Plan Amendment.
City staff has prepared a brownfield plan to include 108 eligible parcels,
primarily located within the Nelson and Jackson Hill Neighborhoods, that will
facilitate the development of new affordable housing opportunities at eligible
properties. Activities include the redevelopment and rehabilitation of subject
parcels; construction of new residential units; possible 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. Brownfield TIF to reimburse developer for “eligible expenses” in the
redevelopment and rehabilitation on 108 eligible parcels; after lot splits, total of
249 parcels for redevelopment. Plan Amendment eligible activities: $3,880,000
for cost of sale; $1,200,000 for demolition and abatement; $777,000 for public
infrastructure; $20,000 for Brownfield Plan Preparation and Development;
$881,550 in continency fees (15%); $6,758,550 – total eligible activities to be paid
under this Plan. End of 2023 for estimated completion date of the homes
associated with Project. After all eligible costs incurred by the various parties are
reimbursed, BRA is authorized to continue to capture local taxes for five more
years for deposit into a Local Site Remediation Revolving Fund.
STAFF RECOMMENDATION: To close the public hearing and approve the
resolution of the Brownfield Plan Amendment for the city’s Infill Housing Project
(1st Amendment).
PUBLIC HEARING COMMENCED: No public comments received.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to close the public hearing and approve the resolution of the Brownfield Plan
Amendment for the City’s Infill Housing Project (1st Amendment).
Page 6 of 9
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, German, and Rinsema-
Sybenga
Nays: None
MOTION PASSES
2020-46 NEW BUSINESS:
A. West Urban Properties Agreement City Manager
SUMMARY OF REQUEST: In June, the City Commission accepted a Letter of
Intent from West Urban Properties and authorized the city manager and city
attorney to finalize a development agreement. The proposed development
agreement is attached and recommended for approval.
We are proposing the framework of a Pilot program that we would use to initially
partner with West Urban Properties to construct 100 units on vacant city lots. As
part of the program, either the City of West Urban Properties may choose to
stop home construction prior to the completion of the 100 homes. 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 authorize the City Manager to sign the
Development Agreement.
Motion by Commissioner Rinsema-Sybenga, second by Johnson, to authorize
the City Manager to sign the Development Agreement.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, German, Rinsema-Sybenga, and
Emory
Nays: None
MOTION PASSES
B. Amendment to the Temporary Uses Ordinance Planning
SUMMARY OF REQUEST: Staff initiated request to amend section 2324 of the
zoning ordinance to allow mobile food vending as a temporary use.
The Planning Commission unanimously voted in favor of the ordinance
amendment.
Page 7 of 9
STAF RECOMMENDATION: To approve the amendments to the temporary
uses zoning ordinance.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve amendments to the zoning ordinance.
ROLL VOTE: Ayes: Gawron, Hood, German, Rinsema-Sybenga, Emory and
Johnson
Nays: None
MOTION PASSES
SECOND READING REQUIRED
C. Mobile Food Vending Ordinance Updates City Clerk
SUMMARY OF REQUEST: Interest in operating food trucks in the City has
increased since the initial passage of the Mobile Food Vending Ordinance in
2014. Based on community and Commission feedback, staff has identified some
language updates to more effectively regulate mobile food vendors and areas
they operate.
The City Commission held work sessions to update the mobile food vending
ordinance on February 10 and March 9. Based on the feedback received from
the community and Commission, the following changes are before you for
recommended approval:
Regulatory Ordinance
Changes to Chapter 50 include requiring proof of permission to be on private
property, compliance with fire safety and all other legal requirements (including
health department inspections and licenses), and display of city license. The
updates also include a change to allow temporary approval by the City Clerk to
allow overnight parking on public property or streets and a clarification that a
mobile food vendor cannot operate on public or private property within 1,000 of
an event or the Farmers Market during market hours. As requested, a map
showing this distance is attached. The required distance from brick and mortars
is increased to 100 ft as measured from the service window to the lot line. A
formal complaint, revocation, and appeals process was also added. A red lined
copy of all these changes is attached.
Public Areas and Streets
Allowing mobile food vending on private property in B-2, B-4, LR, WM, I-1, I-2, MC
and all Form Based Code context areas except Urban Residential and Lakeside
Residential was added and addressed through the amendment to the
temporary uses in the Zoning Ordinance.
Page 8 of 9
A resolution allowing mobile food vendors on public property and streets in the
same areas is attached along with rescinding the previously identified areas.
STAFF RECOMMENDATION: Motion to amend and adopt Chapter 50, Article
VIII Section 50-303 through 50-305 and approve the resolution for mobile food
vending in public areas.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve and adopt Chapter 50, Article VIII Section 50-303 through 50-305 and
approve the resolution for mobile food vending in public areas.
ROLL VOTE: Ayes: Hood, German, Rinsema-Sybenga, Emory, Johnson, and
Gawron
Nays: None
MOTION PASSES
SECOND READING REQUIRED
ANY OTHER BUSINESS: A brief discussion took place regarding the purchase of
gift cards. The city attorney will be reviewing documents and investigating this
issue and will provide a report to the City Commission.
Congressman John Lewis was recognized and remembered, he passed away
recently and will be remembered as a leader of the civil rights movement.
PUBLIC COMMENT: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 7:37 p.m.
Respectfully Submitted,
Ann Marie Meisch – MMC, City Clerk
Page 9 of 9
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 11, 2020 Title: Amendment to the Temporary Uses
Ordinance – 2nd Reading
Submitted By: Mike Franzak Department: Planning
Brief Summary: Staff initiated request to amend section 2324 of the zoning ordinance to allow
mobile food vending as a temporary use.
Detailed Summary: The Planning Commission unanimously voted in favor of the ordinance
amendment.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the amendments to the zoning ordinance.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 2324 of the Zoning Ordinance to allow mobile food vending as a temporary
use permitted.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
NEW LANGUAGE (additions in bold)
SECTION 2324: TEMPORARY BUILDINGS, STRUCTURES AND USES
I. Mobile Food Vending: Mobile food vending options permitted by City Ordinance Sec. 50-301 thru 50-
304 may be temporarily located in B-2, B-4, LR, WM, I-1, I-2 districts and all Form Based Code context
areas except Urban Residential and Lakeside Residential; under the following conditions:
(1) Food trucks and trailers must be placed at least ten feet away from any principal
structure and at least five feet from any lot line. They may be placed on grass,
pavement or in the parking lot, but may not impede proper vehicular flow on the
site.
(2) Trash receptacles must be located on site.
(3) Permits for mobile food vending between 1 and 89 days will be reviewed
administratively.
(4) Permits for mobile food vending between 90 days and one year will require the
notification of all properties within 300 feet. If no concerns are received within 15
days, the permit application will be reviewed administratively. If there are concerns,
a public hearing at the Planning Commission will be required. Administrative and
Planning Commission reviews must use the following review standards:
i. Will the use contribute to the vitality and experience of the business
district?
ii. Will the use support or detract from existing brick and mortar
establishments?
iii. Is there an appropriate separation distance between temporary and
permanent uses so as to not impair the long-term viability of nearby
businesses?
iv. Will the use add variety to the types of food or beverage offerings in
the district or compete with area businesses in close proximity?
v. Will the proposed mobile food vendor contribute to the general
aesthetic of the business district and include high quality materials and
finishes?
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 28th day of July 2020, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2020. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on August 11, 2020, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 2321 of the Zoning Ordinance to the Form Based Code Section of the Zoning
Ordinance to allow mobile food vending as a temporary use permitted.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2020. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Planning Commission Excerpt:
Hearing, Case 2020-12: Staff initiated request to amend section 2324 of the zoning ordinance to
allow mobile food vending as a temporary use.
SUMMARY
1. Please see Section 2324 of the zoning ordinance (enclosed). This section allows for
temporary buildings, structures and uses.
2. Mobile food vending is allowed by Sec. 50-301 thru 50-304 of the City Ordinances
(enclosed). However, it was initially developed to allow food vendors in the City right-
of-way. Since its inception, it has mainly been utilized by vendors on private property.
They City Commission has asked the Planning Commission to develop an ordinance that
dictates where they may locate, their placement on site and how long they may be
permitted.
Proposed Addition to Section 2324.
I. Mobile Food Vending: Mobile food vending options permitted by City Ordinance Sec.
50-301 thru 50-304 may be temporarily located in B-2, B-4, LR, WM, I-1, I-2 districts
and all Form Based Code context areas except Urban Residential and Lakeside
Residential; under the following conditions:
(1) Food trucks and trailers must be placed at least ten feet away from
any principal structure and at least five feet from any lot line. They
may be placed on grass, pavement or in the parking lot, but may not
impede proper vehicular flow on the site.
(2) Trash receptacles must be located on site.
(3) Permits for mobile food vending between 1 and 89 days will be
reviewed administratively.
(4) Permits for mobile food vending between 90 days and one year will
require the notification of all properties within 300 feet. If no
concerns are received within 15 days, the permit application will be
reviewed administratively. If there are concerns, a public hearing at
the Planning Commission will be required. Administrative and
Planning Commission reviews must use the following review
standards:
i. Will the use contribute to the vitality and experience of the
business district?
ii. Will the use support or detract from existing brick and mortar
establishments?
iii. Is there an appropriate separation distance between temporary
and permanent uses so as to not impair the long-term viability
of nearby businesses?
iv. Will the use add variety to the types of food or beverage
offerings in the district or compete with area businesses in
close proximity?
v. Will the proposed mobile food vendor contribute to the general
aesthetic of the business district and include high quality
materials and finishes?
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 08/11/2020 Title: Mobile Food Vending Ordinance
Updates - 2nd Reading
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: Interest in operating food trucks in the City has increased since the initial passage
of the Mobile Food Vending Ordinance in 2014. Based on community and Commission feedback,
staff has identified some language updates to more effectively regulate mobile food vendors and
areas they operate.
Detailed Summary:
The City Commission held work sessions to update the mobile food vending ordinance on February 10
and March 9. Based on the feedback received from the community and Commission, the following
changes are before you for recommended approval:
Regulatory Ordinance
Changes to Chapter 50 include requiring proof of permission to be on private property, compliance
with fire safety, code, and all other legal requirements (including health department inspections and
licenses), and display of city license. The updates also include a change to allow temporary approval
by the City Clerk to allow overnight parking on public property or streets and a clarification that a
mobile food vendor cannot operate on public or private property within 1,000 of an event or the
Farmers Market during market hours. As requested, a map showing this distance is attached. The
required distance from brick and mortars is increased to 100 ft as measured from the service window
to the lot line. A formal complaint, revocation, and appeals process was also added. A red lined copy
of all these changes is attached.
Public Areas and Streets
Allowing mobile food vending on private property in B-2, B-4, LR, WM, I-1, I-2, MC and all Form Based
Code context areas except Urban Residential and Lakeside Residential was added and addressed
through the amendment to the temporary uses in the Zoning Ordinance.
A resolution allowing mobile food vendors on public property and streets in the same areas is attached
along with rescinding the previously identified areas.
Amount Requested: None Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Motion to amend and adopt Chapter 50, Article VIII Sections 50-303
through 50-305 and approve the resolution for mobile food vending in public areas.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
City of Muskegon
Resolution
Mobile Food Vending in Public Areas
2020-
WHEREAS; Chapter 50-304(a) of the Mobile Food Vending Ordinance states the
City Commission shall by resolution identify streets and public areas where
parking by mobile food vehicles/trailers/stands is permitted;
WHEREAS; the City Commission previously resolved that applications for mobile
food vending will be considered in the following areas: Sherman Blvd, Henry St,
Apple Avenue, Laketon Avenue, Getty Street, Lakeside Business District,
commercial properties in the 1600 block of Glade as well as areas in the
downtown area as defined by the DDA map, business district, and industrial
parks.
NOW THEREFORE BE IT RESOLVED, the previously approved areas for
mobile food vending is hereby rescinded.
BE IT FURTHER RESOLVED, mobile food vending is now permitted on the
streets and public areas of the following districts: B-2, B-4, LR, WM, I-1, I-2, MC
and all Form Based Code context areas except Urban Residential and Lakeside
Residential.
Adopted this 11th day of August 2020.
_____________________________________
Ann Meisch
City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 11, 2020 Title: Additional costs HVAC system at
Mercy Health Arena
Submitted By: Beth Lewis Department: Finance
Brief Summary: To approve the Hurst Mechanical invoice for additional work to install new heating
supply and return lines serving the Lumberjacks offices and the Arena Director’s office for
$20,410.43. This invoice will be forwarded to Team Financial for payment.
Detailed Summary: During the start up process of the new HVAC system at Mercy Health Arena
the system was pressure tested and discovered that underground sections of the return lines were
compromised. Hurst Mechanical installed isolation valves at every heating supply & return line so
the system could be separated into quadrants to attempt to isolate leaks and only repipe certain
sections. However it was discovered that there were leaks everywhere. The City Manager
negotiated with Hurst Mechanical to apply the DTE Energy & Consumers rebates against the
additional costs. Much of the additional costs were covered this last invoice is for the last piece of
the project.
Amount Requested:$20,410.43 Amount Budgeted: $0
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the Hurst Mechanical invoice of $20,410.43 for payment.
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: August 11, 2020 Title: Second Floor Furniture
Submitted By: LeighAnn Mikesell Department: Development Services
Brief Summary: Construction on the second floor city hall remodel is nearing completion. Staff is
seeking approval to purchase furniture for the new space.
Detailed Summary: Staff has obtained and reviewed quotes for the work from two local office
furniture companies, Grand River Office and Lakeshore Furniture, and is seeking approval for a
combination of their services to complete the work.
Grand River Office – new desks, office chairs, conference room tables, and cabinets at $36,664.55
($32,490.65 + $4,173.90)
Lakeshore Furniture – reupholstered side chairs for offices, lateral file cabinets, and new chairs for
the conference room at $11,323.70
Some details are still being investigated so a contingency cost of $7,198.24 is being included for a
total of $55,186.49
The most current quotes are included. Both companies are using local manufacturers where
possible.
Amount Requested: $55,186.49 Amount Budgeted: $0
Fund(s) or Account(s): Public Improvement Fund(s) or Account(s): Public Improvement
Fund Fund
Recommended Motion: Approve the expenditure of $55,186.49 for office furniture.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Quotation
Prepared by:
Dan Brush
Prepared For: Ship To: Page 1 of 2
Jamie Pesch 8/4/2020
1:49:05PM
City of Muskegon Lakeshore Furniture LLC Notes:
933 Terrace Street 450 W, Hackley Ave. Suite 200
Muskegon MI 49440 Muskegon MI 49444
231-724-4405 231-733-0604
Line #Qty Cat Part Number Part Description Sell Price Extended
1 10 MAO 5X-OLF5HB42W Lateral File (overlay fronts), 67 3/8" high x $573.42 $5,734.20
42" wide x 18" deep, four standard drawers
S Full Pull / Self Handled - most popular
Knoll™
DG KN Dark Gray 113
X No Counterweights
H5 Hanging File Bars for 5-high lat file with roll-out drawer in the top positions
~ Pull Cores for Field Installation
U UM Black
2 15 SIT 1141.FT4.US.PB.AQwiz, Nesting Chair, Plastic Back, $209.30 $3,139.50
R1
Upholstered Seat, AR1 Arms
SC1 Black
CS5 Carpet Casters
FG1 Fabric Grade 1
SUGAR Sugar Color Selection
KISS Sugar Kiss
AB Assembled in a Bag, Southern CA
3 1 LSF LABOR Labor to deliver and set up files and chairs $900.00 $900.00
4 1 LSF CREDIT Credit for chairs less 20each chairs being -$1,400.00 -$1,400.00
reupholstered
Sub Total: $8,373.70
2nd Floor
5 25 BUR FABRIC 801 Fabric 1010489 Space Fabric yards $18.00 $450.00
6 20 LE Labor to Refabric Chairs $125.00 $2,500.00
Sub Total: $2,950.00
Total Sell: $11,323.70
Prepared For: Ship To: Page 2 of 2
Jamie Pesch 8/4/2020
1:49:07PM
City of Muskegon Lakeshore Furniture LLC Notes:
933 Terrace Street 450 W, Hackley Ave. Suite 200
Muskegon MI 49440 Muskegon MI 49444
231-724-4405 231-733-0604
Line #Qty Cat Part Number Part Description Sell Price Extended
*** 75% DEPOSIT REQUIRED ***
It is understood that this is a custom order, this order is final. If changes and/or deletions are requested, Dealer will do its best
to honor those changes. However, most manufacturers do not authorize cancellations and/or returns. Client remains liable for
all charges as outlined in this quote unless changes are approved in writing from Dealer. Sales tax is not included unless noted in
quotation.
Unless specifically outlined in this quote, all services will be provided during normal working hours of 8:00 AM to 5:00 PM Monday
through Friday. If services are requested during other than normal hours, additional charges may be assessed.
By Acceptance of this agreement, either via signature or electronic communication, Client agrees to grant Dealer a security interest
in the product as described above in the amount of the unpaid balance of this order.
AUTHORIZED BY:________________________________________ DATE:_________________________
Quote Number:
Date: 8/3/2020
QUOTATION Valid Until: 10/3/2020
99 W. Western Ave.
Muskegon, MI 49442 Deposit Due: 50%
Tel: (833)477-4837 Fax: (833)477-4837
www.grandriveroffice.com
REV Quote 08_03
Prepared For: Ship To: New Product Required
City of Muskegon City of Muskegon
933 Terrace Street 933 Terrace Street
Muskegon MI 49440 Muskegon MI 49440
Line # Qty Part Number Part Description Sell Ext Sell
TAG CONFERENCE ROOM
1 8 M-PPFLIP24L Prepare Flip Top Base for 24D x 60/72W Tops $178.94 $1,431.52
$(P1) P1 Paint Opts
.MP02 Flint
Eligible for Contract Pricing - Separate Purchase Order Required from Client
2 8 M-PPLF2460RE Prepare 24" X 60" Rectangle Laminate-Flat Edge $125.81 $1,006.48
.FSC FSC Wood
$(L1STD) Grd L1 Standard Laminates
~ Undecided LAMINATE Option
~ Undecided EDGE Option
.C0 No Cutouts
Eligible for Contract Pricing - Separate Purchase Order Required from Client
Subtotal: $ 2,438.00
TAG OFFICES
3 6 F22W.39 2-Way 90 DEG. Connector Post Hard Surface, 39"H $30.99 $185.94
DT PAINT: Dark Tone
DT BASE: Dark Tone
4 6 F22W.67 2-Way 90 DEG. Connector Post Hard Surface, 67"H $39.18 $235.08
DT PAINT: Dark Tone
DT BASE: Dark Tone
5 4 F2CPE4.67 Ceiling Power Entry Internal Direct Connect 4-Circuit, 67" $177.22 $708.88
DT POLE: Dark Tone
DT BASE: Dark Tone
6 29 F2DCL Dual Column Leg $41.49 $1,203.21
7 2 F2FAPA.3924E Fabric Covered Panel Electrical, 39"H x 24"W $136.24 $272.48
DT TRIM: Dark Tone
DT BASE: Dark Tone
GRP1 FAB 1: Friant Collection
FRIANT SILKY FAB 1: Friant Silky
PF401-5 FAB: Silky Graphite
Page 1 of 5 8/3/2020
Line # Qty Part Number Part Description Sell Ext Sell
GRP1 FAB 2: Friant Collection
FRIANT SILKY FAB 2: Friant Silky
PF401-5 FAB: Silky Graphite
8 6 F2FAPA.3924N Fabric Covered Panel Non-Electrical, 39"H x 24"W $96.55 $579.30
DT TRIM: Dark Tone
DT BASE: Dark Tone
GRP1 FAB 1: Friant Collection
FRIANT SILKY FAB 1: Friant Silky
PF401-5 FAB: Silky Graphite
GRP1 FAB 2: Friant Collection
FRIANT SILKY FAB 2: Friant Silky
PF401-5 FAB: Silky Graphite
9 8 F2FAPA.3936E Fabric Covered Panel Electrical, 39"H x 36"W $159.04 $1,272.32
DT TRIM: Dark Tone
DT BASE: Dark Tone
GRP1 FAB 1: Friant Collection
FRIANT SILKY FAB 1: Friant Silky
PF401-5 FAB: Silky Graphite
GRP1 FAB 2: Friant Collection
FRIANT SILKY FAB 2: Friant Silky
PF401-5 FAB: Silky Graphite
10 2 F2FAPA.3936N Fabric Covered Panel Non-Electrical, 39"H x 36"W $119.85 $239.70
DT TRIM: Dark Tone
DT BASE: Dark Tone
GRP1 FAB 1: Friant Collection
FRIANT SILKY FAB 1: Friant Silky
PF401-5 FAB: Silky Graphite
GRP1 FAB 2: Friant Collection
FRIANT SILKY FAB 2: Friant Silky
PF401-5 FAB: Silky Graphite
11 1 F2FAPA.6724E Fabric Covered Panel Electrical, 67"H x 24"W $161.09 $161.09
DT TRIM: Dark Tone
DT BASE: Dark Tone
GRP1 FAB 1: Friant Collection
FRIANT SILKY FAB 1: Friant Silky
PF401-5 FAB: Silky Graphite
GRP1 FAB 2: Friant Collection
FRIANT SILKY FAB 2: Friant Silky
PF401-5 FAB: Silky Graphite
12 6 F2FE.39 Finished End, 39"H $14.34 $86.04
DT PAINT: Dark Tone
DT BASE: Dark Tone
13 2 F2PPCK.12 Power Panel Conversion Kit, 12"W $34.32 $68.64
14 6 F2PPCK.48 Power Panel Conversion Kit, 48"W $60.44 $362.64
DT BASE: Dark Tone
Page 2 of 5 8/3/2020
Line # Qty Part Number Part Description Sell Ext Sell
15 7 F2RECP4.II Receptacle 4-Circuit, circuit II $6.91 $48.37
DT BASE: Dark Tone
16 7 F2RECP4.III Receptacle 4-Circuit, circuit III $6.91 $48.37
DT BASE: Dark Tone
17 9 FD-FM-X4819 Wall mounted tackboard, 48"W x 19"H $98.60 $887.40
GRP1 FAB: Friant Collection
FRIANT SILKY FAB: Friant Silky
PF401-5 FAB: Silky Graphite
18 9 FDR.34 Draw Rod, 34"H $6.15 $55.35
19 6 FDR.62 Draw Rod, 62"H $6.40 $38.40
20 4 FDRCH.62 Draw Rod, Change of Height, 62"H $11.27 $45.08
21 4 FFECH Finished End Change of Height Panel to Panel, 48"H x 1 3/4"W $5.38 $21.52
DT PAINT: Dark Tone
22 8 FLMOD.0860 8"H x 60"W Laminate Modesty Panels $81.18 $649.44
... Skipped Option
BU PAINT: Black Umber
23 16 FSECWS.2436L Square Edge Corner Worksurface, *36"W x 24"D $121.13 $1,938.08
... Skipped Option
... Skipped Option
DT PAINT: Dark Tone
24 8 FSEDSP.3072L Square Edge D-Shaped Peninsula Worksurface,29"H x 72"W x $182.34 $1,458.72
30"D
... Skipped Option
... Skipped Option
DT PAINT: Dark Tone
25 3 FSERTS.1472L Square Edge Transaction Surface Rectangular,1.25"H x 72"W x $113.45 $340.35
14"D
... Skipped Option
... Skipped Option
26 14 FSERWS.2436L Square Edge Rectangular Worksurface, 36"W x 24"D $74.27 $1,039.78
... Skipped Option
... Skipped Option
DT PAINT: Dark Tone
27 1 FSERWS.2460L Square Edge Rectangular Worksurface, 60"W x 24"D $116.52 $116.52
... Skipped Option
... Skipped Option
DT PAINT: Dark Tone
28 12 FSERWS.2472L Square Edge Rectangular Worksurface, 72"W x 24"D $133.94 $1,607.28
... Skipped Option
... Skipped Option
DT PAINT: Dark Tone
Page 3 of 5 8/3/2020
Line # Qty Part Number Part Description Sell Ext Sell
29 4 FSERWS.2484L Square Edge Rectangular Worksurface, 84"W x 24"D $158.52 $634.08
... Skipped Option
... Skipped Option
DT PAINT: Dark Tone
30 5 FSERWS.2484L- Square Edge Rectangular Worksurface, 87.5"W x 24"D $185.67 $928.35
3W
... Skipped Option
... Skipped Option
DT PAINT: Dark Tone
31 3 FTSSC Transaction Surface Support, Center, 2"H x 1"W x 10"D $8.96 $26.88
... Skipped Option
32 6 FTSSME Transaction Surface Support, Mid-End, 2"H x 1"W x 10"D $8.71 $52.26
... Skipped Option
33 8 FWASB.54 Anti-Sag Bar, 54" wide $30.99 $247.92
34 6 FWSB.L Worksurface Bracket, LEFT, 2.75"H x 2.5"D $3.33 $19.98
35 6 FWSB.R Worksurface Bracket, RIGHT, 2.75"H x 2.5"D $3.33 $19.98
36 5 FWSSEP.24-MEL Worksurface Support End Panel, 27.75"H x 1.25"W x 24"D $65.82 $329.10
DT LAM: Dark Tone
DT EDGE: Dark Tone
37 1 Q1FWSTA.34 Wall Start, 34"H -- (Order draw rod to match height of Wall $13.32 $13.32
Start separately)
DT PAINT: Dark Tone
38 4 Q1FWSTA.62 Wall Start, 62"H -- (Order draw rod to match height of Wall $18.95 $75.80
Start separately)
DT PAINT: Dark Tone
39 16 CENDRKV75 Plastic Center Drawer $31.25 $500.00
40 7 OHS48W Overhead Stroage Cabinet, 48w $146.25 $1,023.75
HMA HM Action Office
Herman Miller™
DT HM Darktone
~ Pull Cores for Field Installation
U UM Black
41 7 OHS48W Overhead Stroage Cabinet, 48w $146.25 $1,023.75
WMT Wall Mounted (includes horizontal mounting bracket)
Herman Miller™
DT HM Darktone
~ Pull Cores for Field Installation
U UM Black
42 13 OLF02H42W Lateral File (overlay fronts), 27 1/2" high x 42" wide x 18" $257.75 $3,350.75
deep, two standard drawers
O Short Rod Pull - brushed nickel finish
Herman Miller™
DT HM Darktone
Page 4 of 5 8/3/2020
Line # Qty Part Number Part Description Sell Ext Sell
X No Counterweights
H2 Hanging File Bars for 2-high lat file
~ Pull Cores for Field Installation
U UM Black
43 17 PWS27H22D-BB Work Surface Supporting Pedestal, 27 1/2" high x 22" deep x $143.75 $2,443.75
F 15" wide, box-box-file drawer configuration
O Short Rod Pull - brushed nickel finish
Herman Miller™
DT HM Darktone
P0 Pencil Tray - None
D0 Box Drawer Divider - None
H0 Hanging Bars for side-to-side filing - None
~ Pull Cores for Field Installation
U UM Black
44 3 PWS27H22D-FF Work Surface Supporting Pedestal, 27 1/2" high x 22" deep x $133.75 $401.25
15" wide, file-file drawer configuration
O Short Rod Pull - brushed nickel finish
Herman Miller™
DT HM Darktone
P0 Pencil Tray - None
D0 Box Drawer Divider - None
H0 Hanging Bars for side-to-side filing - None
~ Pull Cores for Field Installation
U UM Black
Subtotal: $ 24,760.90
TAG x. freight
45 1 Freight Freight charges $698.00 $698.00
Subtotal: $ 698.00
TAG y. labor
46 1 Labor Receive, deliver and install workstations and training tables per $4,593.75 $4,593.75
plan dated 07/14
Subtotal: $ 4,593.75
Total: $32,490.65
It is understood that this is a custom order, this order is final. If changes and/or deletions are requested, Dealer will do its best to honor those changes.
However, most manufacturers do not authorize cancellations and/or returns. Client remains liable for all charges as outlined in this quote unless changes
are approved in writing from Dealer. Sales tax is not included unless noted in quotation.
Unless specifically outlined in this quote, all services will be provided during normal working hours of 8:00 AM to 5:00 PM Monday through Friday. If
services are requested during other than normal hours, additional charges may be assessed. By acceptance of this agreement, either via signature
or electronic communication, Client agrees to grant Dealer a security interest in the product as described above in the amount of the unpaid balance
of this order.
AUTHORIZED BY:__________________________________________________________________________ DATE:_______________________
Page 5 of 5 8/3/2020
Quote Number:
Date: 8/3/2020
QUOTATION Valid Until: 10/3/2020
99 W. Western Ave.
Muskegon, MI 49442 Deposit Due:
Tel: (833)477-4837 Fax: (833)477-4837
www.grandriveroffice.com
Quote Height Adj Table Bases
Prepared For: Ship To: 08/03/2020
City of Muskegon City of Muskegon
933 Terrace Street 933 Terrace Street
Muskegon MI 49440 Muskegon MI 49440
Line # Qty Part Number Part Description Sell Ext Sell
TAG Option 1
1 8 2NM-C48 Enmo Table Base 48"-72" Ht Adj, Up and Down Control Pad $350.00 $2,800.00
... Skipped Option
2 8 Labor to assemble base $25.00 $200.00
Subtotal: $ 3,000.00
TAG Option 2
3 8 2T-LX-C48-24 Triumph LX Table Base 60"- 72" W Ht Adj w/ 23" feet $471.50 $3,772.00
... Skipped Option
4 8 Labor to assemble base $25.00 $200.00
Subtotal: $ 3,972.00
TAG x. dual monitor arm
5 1 EPPA2- SLV Dual Monitor Support w/ Dynamic Ht Adj range, silver finish $201.90 $201.90
SLV Silver
Subtotal: $ 201.90
Total: $7,173.90
It is understood that this is a custom order, this order is final. If changes and/or deletions are requested, Dealer will do its best to honor those changes.
However, most manufacturers do not authorize cancellations and/or returns. Client remains liable for all charges as outlined in this quote unless changes
are approved in writing from Dealer. Sales tax is not included unless noted in quotation.
Unless specifically outlined in this quote, all services will be provided during normal working hours of 8:00 AM to 5:00 PM Monday through Friday. If
services are requested during other than normal hours, additional charges may be assessed. By acceptance of this agreement, either via signature
or electronic communication, Client agrees to grant Dealer a security interest in the product as described above in the amount of the unpaid balance
of this order.
AUTHORIZED BY:__________________________________________________________________________ DATE:_______________________
Page 1 of 1 8/3/2020
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 8-11-2020 Title: Brownfield Development and
Reimbursement Agreement, Harbor West, LLC
Submitted By: Pete Wills Department: Economic Development
Brief Summary: Approval of the Development and Reimbursement Agreement (D&RA) for the Harbor West,
LLC (Hartshorn Village) brownfield plan amendment. The BRA will be meeting on August 11 to consider
approval of the Development and Reimbursement Agreement to the City Commission.
Detailed Summary: Brownfield Plan Amendment for Harbor West, LLC (Hartshorn Village) was approved by
the commission June 9, 2020. Harbor West, LLC has submitted a D&RA for the Brownfield Plan for
Hartshorn Village, a residential site condominium development on an initial 3.01 acres adjacent to Hartshorn
Marina. The BRA will reimburse developer for eligible costs for the initial 10 residential site condos and
adjacent marina improvements for the next 30 years from property tax increments. Per the terms of the Sale
and Development Agreement from August 15, 2018, the city will provide buyer up to $600,000 for eligible
costs. The city would receive the first $600,000 of tax capture, then Harbor West for its remaining eligible
costs and finally with the marina upgrade being covered last. The initial $5.597 million of eligible costs in
brownfield plan is a local-only property tax capture although the plan is eligible for $2,429 for eligible
environmental costs captured by state educational millage through EGLE. There is no need for state
approval. The plan includes state eligible environmental costs of $250,000, $19,500 for demolition, $626,000
for site preparation and $3.946 million for infrastructure improvements. A majority of the infrastructure costs
($3.502 million) are to upgrade the city’s adjacent Hartshorn Marina and for a joint-use pool and clubhouse
for the condo owners and marina slip holders. The plan contemplates continued five-year capture of tax
increments for a local Brownfield Revolving Loan Fund if there is time left in the 30-year plan after eligible
costs are covered.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Approval of the Harbor West, LLC Brownfield Development and Reimbursement
Agreement and authorize the city clerk and mayor to sign the same.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
DEVELOPMENT AND REIMBURSEMENT AGREEMENT
This DEVELOPMENT AND REIMBURSEMENT AGREEMENT (the “Agreement”)
is made on May ___, 2020, by and among the CITY OF MUSKEGON BROWNFIELD
REDEVELOPMENT AUTHORITY, a Michigan public body corporate whose address is
933 Terrace Street, Muskegon, Michigan 49443 (the “Authority”), the CITY OF
MUSKEGON, a public body corporate whose address is 933 Terrace Street, Muskegon,
Michigan 49443 (the “City”), and HARBOR WEST, LLC, a Michigan limited liability
company whose address is 108 South University, Suite 6, Mt. Pleasant, Michigan 48858
(the “Developer”).
RECITALS
A. Pursuant to P.A. 381 of 1996, as amended (“Act 381”), the Authority
approved and recommended a Brownfield Plan which was duly approved by the City (the
“Plan”). The Plan was amended on __________, 2020 (the “Amendment,” and, together
with the Plan, the “Brownfield Plan” – See Exhibit A) to identify a new residential site
condominium and marina redevelopment project proposed by Developer and the City.
B. The Brownfield Plan includes specific eligible activities associated with the
Developer’s plan to develop approximately 3.01 acres of land located at 1000, 1010, and
1060 West Western Avenue in Muskegon, Michigan (collectively, the “Developer
Property”).
C. The Brownfield Plan also includes specific eligible activities associated with
the City’s plan to make improvements to the adjacent Hartshorn Marina located at 920
West Western Avenue in Muskegon, Michigan (the “Marina Property”).
D. The Developer owns the Developer Property and the City owns the Marina
Property, which are included in the Brownfield Plan as an “eligible property” because it
was determined to be a “facility”, as defined by Part 201 of the Natural Resources and
Environmental Protection Act (“Part 201”), or adjacent and contiguous to an “eligible
property.”
E. The Developer intends to conduct eligible activities on the Developer
Property in order to redevelop the site into an initial 10 site condominiums and adjacent
marina improvements (the “Project”), including department specific activities, demolition,
site preparation and infrastructure improvement activities, a 15% contingency and
brownfield plan/work plan preparation and development, as described in the Brownfield
Plan, with an estimated cost of $1,570,425 (the “Developer Eligible Activities”). As part
of the Project, the City also intends to conduct certain eligible infrastructure improvement
activities on the Marina Property, as described in the Brownfield Plan, with an estimated
cost of $4,027,300 (the “City Eligible Activities”). All of the Developer Eligible Activities
and the City Eligible Activities (together, the “Eligible Activities”) are eligible for
reimbursement under Act 381. The total cost of the Eligible Activities, including
contingencies, are $5,597,725 (the “Total Eligible Brownfield TIF Costs”).
F. Act 381 permits the Authority to capture and use local and certain school
property tax revenues generated from the incremental increase in property value of a
redeveloped brownfield site constituting an “eligible property” under Act 381 (the
“Brownfield TIF Revenue”) to pay or to reimburse the payment of Eligible Activities
conducted on the “eligible property.” The Brownfield TIF Revenue will be used to
reimburse the Developer for the Developer Eligible Activities and the City for the City
Eligible Activities incurred and approved for the Project.
G. In accordance with Act 381, the parties desire to establish the procedure for
using the available Brownfield TIF Revenue generated from the Property to reimburse the
Developer and the City for completion of Eligible Activities on the Property in an amount
not to exceed the Total Eligible Brownfield TIF Costs.
NOW, THERFORE, the parties agree as follows:
1. Reimbursement Source.
(a) During the Term (as defined below) of this Agreement, and except as set
forth in paragraph 2 below, the Authority shall reimburse the Developer and City for the
costs of their Eligible Activities conducted on the Developer Property and Marina Property
from the Brownfield TIF Revenue collected from the real and taxable personal property
taxes on the Developer Property and Marina Property. The amount reimbursed to the
Developer and City, respectively, for their Eligible Activities shall not exceed the Total
Eligible Brownfield TIF Costs, and reimbursements shall be made on approved costs
submitted and approved in connection with the Developer Eligible Activities and the City
Eligible Activities, as follows:
(i) the Authority shall first pay 100% of available Brownfield TIF Revenue to
the City to reimburse the cost of Developer Eligible Activities up to $600,000 for
costs submitted to the City for reimbursement by Developer per the terms of the
First Amended and Restated Real Estate Sale and Development Agreement dated
August 15, 2018; and
(ii) the Authority shall, following reimbursement to the City of the first
$600,000 described in 1(a)(i) above, pay 100% of available Brownfield TIF
Revenue to Developer to reimburse the cost of the remaining Developer Eligible
Activities submitted and approved for reimbursement by the Authority until
Developer is fully reimbursed; and
(iii) the Authority may then use Brownfield TIF Revenue to reimburse the
City for the City Eligible Activities.
(b) The Authority shall capture Brownfield TIF Revenue from the Property and
reimburse the Developer and City for their Eligible Activities until the earlier of the City
and Developer each being fully reimbursed or December 31, 2050. Unless otherwise
prepaid by the Authority, payments to the City and Developer shall be made on a semi-
annual basis as incremental local taxes are captured and available.
2
2. Developer Reimbursement Process.
(a) The Developer shall submit to the Authority, not more frequently than on a
quarterly basis, a “Request for Cost Reimbursement” for Developer Eligible Activities paid
for by the Developer during the prior period. All costs for the Developer Eligible Activities
must be consistent with the approved Brownfield Plan. The Developer must include
documentation sufficient for the Authority to determine whether the costs incurred were
for Developer Eligible Activities, including detailed invoices and proof of payment. Copies
of all invoices for Developer Eligible Activities must note what Developer Eligible Activities
they support.
(b) Unless the Authority disputes whether such costs are for Developer Eligible
Activities within thirty (30) days after receiving a Request for Cost Reimbursement from
the Developer, the Authority shall pay the Developer the amounts for which submissions
have been made pursuant to paragraph 2(a) of this Agreement in accordance with the
priority set forth in paragraph 1, from which the submission may be wholly or partially paid
from available Brownfield TIF Revenue from the Developer Property and Marina Property.
(i) The Developer shall cooperate with the Authority’s review of its
Request for Cost Reimbursement by providing supplemental information and
documentation which may be reasonably requested by the Authority.
(ii) If the Authority determines that requested costs are ineligible for
reimbursement, the Authority shall notify the Developer in writing of its reasons for
such ineligibility within the Authority’s thirty (30) day period of review. The
Developer shall then have thirty (30) days to provide supplemental information or
documents to the Authority demonstrating that the costs are for Developer Eligible
Activities and are eligible for reimbursement.
(c) If a partial payment is made to the Developer by the Authority because of
insufficient Brownfield TIF Revenue captured in the semi-annual period for which
reimbursement is sought, the Authority shall make additional payments toward the
remaining amount within thirty (30) days of its receipt of additional Brownfield TIF
Revenue from the Developer Property and Marina Property until all of the amounts for
which submissions have been made have been fully paid to the Developer, or by the end
of the Term (as defined below), whichever occurs first. The Authority is not required to
reimburse the Developer from any source other than Brownfield TIF Revenue.
(d) The Authority shall send all payments to the Developer by registered or
certified mail, addressed to the Developer at the address shown above, or by electronic
funds transfer directly to the Developer’s bank account. The Developer may change its
address by providing written notice sent by registered or certified mail to the Authority.
3. City Reimbursement Process.
(a) The City shall submit to the Authority, not more frequently than on a
quarterly basis, a “Request for Cost Reimbursement” for City Eligible Activities paid for
by the City during the prior period. All costs for the City Eligible Activities must be
3
consistent with the approved Brownfield Plan. The City must include documentation
sufficient for the Authority to determine whether the costs incurred were for City Eligible
Activities, including detailed invoices and proof of payment. Copies of all invoices for City
Eligible Activities must note what City Eligible Activities they support.
(b) Unless the Authority disputes whether such costs are for City Eligible
Activities within thirty (30) days after receiving a Request for Cost Reimbursement from
the City, the Authority shall pay the City the amounts for which submissions have been
made pursuant to paragraph 3(a) of this Agreement in accordance with the priority set
forth in paragraph 1, from which the submission may be wholly or partially paid from
available Brownfield TIF Revenue from the Developer Property and Marina Property.
(i) The City shall cooperate with the Authority’s review of its Request for
Cost Reimbursement by providing supplemental information and documentation
which may be reasonably requested by the Authority.
(ii) If the Authority determines that requested costs are ineligible for
reimbursement, the Authority shall notify the City in writing of its reasons for such
ineligibility within the Authority’s thirty (30) day period of review. The City shall
then have thirty (30) days to provide supplemental information or documents to the
Authority demonstrating that the costs are for City Eligible Activities and are eligible
for reimbursement.
(c) If a partial payment is made to the City by the Authority because of
insufficient Brownfield TIF Revenue captured in the semi-annual period for which
reimbursement is sought, the Authority shall make additional payments toward the
remaining amount within thirty (30) days of its receipt of additional Brownfield TIF
Revenue from the Developer Property and Marina Property until all of the amounts for
which submissions have been made have been fully paid to the City, or by the end of the
Term (as defined below), whichever occurs first. The Authority is not required to
reimburse the City from any source other than Brownfield TIF Revenue.
(d) The Authority shall send all payments to the City by registered or certified
mail, addressed to the City at the address shown above, or by electronic funds transfer
directly to the City’s bank account. The City may change its address by providing written
notice sent by registered or certified mail to the Authority.
4. Term of Agreement.
The Authority’s obligation to reimburse the City and Developer for the Total Eligible
Brownfield TIF Costs incurred by each party under this Agreement shall terminate the
earlier of the date when all reimbursements to the City and Developer required under this
Agreement have been made or December 31, 2050 (the “Term”). If the Brownfield TIF
Revenue ends before all of the Total Eligible Brownfield TIF Costs have been fully
reimbursed to the City and Developer, the last reimbursement payment by the Authority
shall be paid from the summer and winter tax increment revenue collected during the final
year of this Agreement.
4
5. Adjustments.
If, due to an appeal of any tax assessment or reassessment of any portion of the
Developer Property and Marina Property, or for any other reason, the Authority is required
to reimburse any Brownfield TIF Revenue to any tax levying unit of government, the
Authority may deduct the amount of any such reimbursement, including interest and
penalties, from any amounts due and owing to the Developer and City. If all amounts due
to the City and Developer under this Agreement have been fully paid or the Authority is
no longer obligated to make any further payments to the City or Developer, the Authority
shall invoice the Developer and City for the amount of such reimbursement and the
Developer and City shall pay the Authority such invoiced amount within thirty (30) days
of the receipt of the invoice. Amounts withheld by or invoiced and paid to the Authority
by the Developer and City pursuant to this paragraph shall be reinstated as Developer
Eligible Activities and City Eligible Activities, respectively, for which the Developer and
City shall have the opportunity to be reimbursed in accordance with the terms, conditions,
and limitations of this Agreement. Nothing in this Agreement shall limit the right of the
Developer to appeal any tax assessment.
6. Legislative Authorization.
This Agreement is governed by and subject to the restrictions set forth in Act 381.
If there is legislation enacted in the future that alters or affects the amount of Brownfield
TIF Revenue subject to capture, eligible property, or Eligible Activities, then the
Developer’s and City’s rights and the Authority’s obligations under this Agreement shall
be modified accordingly as required by law, or by agreement of the parties.
7. Notices.
All notices shall be given by registered or certified mail addressed to the parties at
their respective addresses as shown above. Any party may change the address by
written notice sent by registered or certified mail to the other party.
8. Assignment.
This Agreement and the rights and obligations under this Agreement shall not be
assigned or otherwise transferred by any party without the consent of the other party,
which shall not be unreasonably withheld, provided, however, the Developer and City
may assign their interest in this Agreement to an affiliate without the prior written consent
of the Authority if such affiliate acknowledges its obligations to the Authority under this
Agreement upon assignment in writing on or prior to the effective date of such
assignment, provided, further, that the Developer and City may each make a collateral
assignment of their share of the Brownfield TIF Revenue for project financing purposes.
As used in this paragraph, “affiliate” means any corporation, company, partnership,
limited liability company, trust, sole proprietorship or other entity or individual which (a) is
owned or controlled by the Developer or City, (b) owns or controls the Developer or City
or (c) is under common ownership or control with the Developer or City. This Agreement
5
shall be binding upon and inure to the benefit of any successors or permitted assigns of
the parties.
9. Entire Agreement.
This Agreement supersedes all agreements previously made between the parties
relating to the subject matter. There are no other understandings or agreements between
the parties.
10. Non-Waiver.
No delay or failure by either party to exercise any right under this Agreement, and
no partial or single exercise of that right, constitutes a waiver of that or any other right,
unless otherwise expressly provided herein.
11. Governing Law.
This Agreement shall be construed in accordance with and governed by the laws
of the State of Michigan.
12. Counterparts.
This Agreement may be executed in two or more counterparts, each of which shall
be deemed an original but all of which together shall constitute one and the same
instrument.
[Signature page follows]
6
The parties have executed this Agreement on the date set forth above.
CITY OF MUSKEGON BROWNFIELD
REDEVELOPMENT AUTHORITY
_______________________________
By:
Its:
CITY OF MUSKEGON
_______________________________
By:
Its:
HARBOR WEST, LLC
_______________________________
By:
Its:
19886336-2
Signature Page to Development and Reimbursement Agreement
EXHIBIT A
Copy of Brownfield Plan
8
RESOLUTION APPROVING THE BROWNFIELD DEVELOPMENT AND REIMBURSEMENT
AGREEMENT
Harbor West LLC (1000-1010-1060 West Western Ave)
Harbor West, LLC Development Project
County of Muskegon, Michigan
2020-August 11
Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the “City”), held in the City Commission Chambers on the 11th day of
August, 2020 at 5:30 p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by Commissioner
___________________ and supported by Commissioner __________________.
WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996,
as amended (“Act 381”), the City of Muskegon Brownfield Redevelopment Authority (the
“Authority”) has prepared and approved a Development and Reimbursement Agreement; and
WHEREAS, the Authority has forwarded the Development and Reimbursement
Agreement to the City Commission requesting its approval of the Development and
Reimbursement Agreement; and
NOW, THEREFORE, BE IT RESOLVED THAT:
1. That the Brownfield Plan constitutes a public purpose under Act 381.
2. That the Brownfield Plan meets all the requirements of Section 13(1) of Act 381.
3. That the proposed method of financing the costs of the eligible activities, as identified
in the Brownfield Plan and defined in Act 381, is feasible and the Authority has the
authority to arrange the financing.
4. That the costs of the eligible activities proposed in the Brownfield Plan are
reasonable and necessary to carry out the purposes of Act 381.
5. That the amount of captured taxable value estimated to result from the adoption of
the Brownfield Plan is reasonable.
6. That the Development and Reimbursement Agreement is approved and is effective
immediately.
7. That all resolutions or parts of resolutions in conflict herewith shall be and the same
are hereby rescinded.
Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute
all documents necessary or appropriate to implement the provisions of the Brownfield Plan.
AYES:
NAYS:
RESOLUTION DECLARED APPROVED.
Ann Marie Meisch, City Clerk
Stephen J Gawron, Mayor
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on August 11, 2020 and that said meeting was conducted and public
notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act,
being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting
were kept and will be or have been made available as required by said Act.
Ann Marie Meisch, City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 11, 2020 Title: Concession Agreement
Submitted By: Doug Sayles Department: Public Works
Brief Summary:
Staff is asking permission to enter into a contractual agreement with Jennifer Serrano of “Grand
Traverse Pie Company” at Pere Marquette Park.
Detailed Summary:
Staff is asking permission to enter into a Concession Agreement for 2020 with Jennifer Serrano of
“Grand Traverse Pie Company”, at Pere Marquette Park. Commission from said Concession would
be $300.00 plus 5% of Gross Receipts
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion:
Authorize staff to enter into a Concession Agreement with Jennifer Serrano of “Grand Traverse Pie
Company”, at Pere Marquette Park.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Grand Traverse Pie Company Food Truck Proposal, Pere Marquette Beach
Thank you for the opportunity to propose a vending plan for the Pere Marquette Beach. I have included
my menu with pricing, pictures of my food truck, as well as my projected hours and days of operation.
To give you a little background history, I have managed the Grand Traverse Pie Company in Norton
Shores since 2013 and took over ownership in 2018. I acquired the Grand Traverse Pie Company Food
Truck in 2018 as well. I have successfully vended at numerous festivals, sporting events, weddings, and
private parties with overwhelming popularity. My truck has received several accolades including “Best
Food Truck” at the Grand Haven Coast Guard Festival, 2nd Place Overall “Best of Fest” at Mid-Michigan
Food Truck Invitational at Soaring Eagle Casino, as well as 1st Place in the Dessert competition at Chef
Prize. I offer a well-rounded variety of menu items to suite any customer or event needs. I staff my
truck well with professional and well trained employees to handle any number of customers. I pride
myself on providing top quality product with exceptional service and speed.
Hours of Operation
Sunday – Monday (7 days a week) 10am – 6pm
I am more than willing to extend these hours if needed. If I have customers, then I would love the ability
to stay longer. If a need is there, I am happy to accommodate and adjust.
Thank you again for this opportunity!
Jennifer Serrano, Owner
Grand Traverse Pie Company, Norton Shores
231-799-5502 gtpieJenn@gmail.com
Grand Traverse Pie Company Food Truck Menu
Sandwiches (Turkey Cheddar, GT Club, Ham & Swiss, BLT, Chicken Salad) - $7-9
Quiche Slice - $5
Quesadillas - $5-8
Chicken Pot Pies - $9
Beef Pasty - $7
Salads/Wraps (Cherry Chicken, House, Chicken Fiesta) - $9
White Cheddar Mac & Cheese - $4
Pasta Salad - $5
Sides (Blueberry Applesauce, Great Lakes Kettle Chips) - $2
Fruit Smoothies (Strawberry, Strawberry Banana, Wild Berry, Peach, Mango) - $5
Pie Shakes - $7
Pop, Water, Tea - $2
Iced Coffee - $3
Cookies - $3
Slice of Pie - $5
Slice of Cheesecake - $6
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 11, 2020 Title: Holiday Display Items
Submitted By: Doug Sayles Department: Public Works
Brief Summary:
Staff is asking permission to purchase various items to add to the Holiday display at Hackley Park.
Detailed Summary:
Staff is asking permission to purchase a Polar Bear bench ($1,499.00), four (4) Outdoor Sleigh
Reindeer (at $1,798.00 x 4 = $7,192.00), a Life Size Rearing Reindeer ($999.00) and Reindeer
Antlers ($50.00), totaling $9,751.00.
The request also includes a 15 foot Snowman for a cost of $5,579 and $635 in shipping for a total
of $6,214. We received $3,300 in donations for the snowman and will take the remainder of $2,914
out of the Public Relations Budget
Amount Requested: $9,751.00 & $2,914 Amount Budgeted: $10,000.00
Fund(s) or Account(s): 101-70751 Fund(s) or Account(s): 101-70751
101-10102-5352
Recommended Motion:
Authorize staff, per recommendation of Holiday Committee, to purchase the various Holiday
decorations, to be used at Hackley Park.
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: 08/11/20 Title: AWIA 2018
Submitted By: Dave Baker Department: Public Works
Brief Summary:
Authorize staff to enter into an agreement with Prein & Newhof to perform an EPA Mandated
“America’s Water Infrastructure Act of 2018” (AWIA 2018) with our wholesale customers. Our
share of the cost will be $22,000.
Detailed Summary:
AWIA 2018 was signed into law in October 2018. Section 2013 of the law requires Community Water
Systems serving more than 3,300 people to perform a Risk and Resilience Assessment (RRA) and
develop or revise an Emergency Response Plan (ERP). A letter certifying the completion of the RRA
and ERP must be submitted to the US EPA before the statutory deadlines.
Compliance with the new requirements of AWIA 2018 by completing a Risk and Resilience
Assessment and updating the Emergency Response Plan for our Community Water Supply allows
us to take steps to reduce risk in response to malevolent acts or natural hazards and ensure the
long-term resiliency of the water system for our customers.
Amount Requested: $22,000 Amount Budgeted: $22,000
Fund(s) or Account(s): 591 Fund(s) or Account(s): 591
Recommended Motion:
Authorize staff to enter into an agreement with Prein & Newhof.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
May 5, 2020
Mr. Dave Baker, Superintendent of Utilities
City of Muskegon
1350 E Keating Avenue
Muskegon, MI 49442
RE: Proposal for the City of Muskegon and Customer Communities – America’s Water
Infrastructure Act of 2018
Dear Mr. Baker:
Prein&Newhof is pleased to submit this proposal for fulfillment of the Risk and Resilience
Assessment and Emergency Response Plan certification for the City of Muskegon water supply
system. The scope of this project includes assisting the City in performing a Risk and Resilience
Assessment and updating an Emergency Response Plan in accordance with the requirements of
America’s Water Infrastructure Act of 2018 (AWIA 2018).
Project Understanding
AWIA 2018 was signed into law in October 2018. Section 2013 of the law requires Community
Water Systems serving more than 3,300 people to perform a Risk and Resilience Assessment
(RRA) and develop or revise an Emergency Response Plan (ERP). A letter certifying the
completion of the RRA and ERP must be submitted to the US EPA before the statutory
deadlines.
The US EPA has developed and maintained a Vulnerability Self-Assessment Tool (VSAT) to
guide the completion of the RRA in compliance with AWIA Section 2013. The US EPA has also
provided an ERP template which meets the requirements of AWIA. By utilizing these tools in
addition to AWWA Standards for Risk and Resilience Management (AWWA J100-10), we can
ensure the RRA and ERP are performed in a clear and defensible manner which meets the
requirements of the law.
In accordance with the requirements, the Risk and Resilience Assessment performed with VSAT
shall include:
• An asset inventory and characterization.
• A threat characterization for natural hazards and malevolent acts.
• A consequence analysis for asset-threat pairs.
• A vulnerability analysis for each threat.
• A threat analysis to estimate the likelihood of each threat.
• A risk and resilience analysis to quantify and prioritize the greatest risks to the system and
opportunities for added resilience.
4910 Stariha Drive Muskegon, MI 49441 t. 231-798-0101 f. 231-798-0337 www.preinnewhof.com
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City of Muskegon
May 5, 2020
Page 2
After completion of the Risk and Resilience Assessment, the Emergency Response Plan shall be
updated as necessary to meet the AWIA requirements and include:
• Utility information, including personnel, key assets, and information on local services.
• Resilience strategies, including emergency response roles and internal and external
communication.
• Emergency plans and procedures, or reference to emergency procedures.
• Mitigation actions, including alternative water sources and interconnections.
• Detection strategies, including security alarms and natural hazard alerts.
Compliance with the new requirements of AWIA 2018 by completing a Risk and Resilience
Assessment and updating the Emergency Response Plan for your Community Water Supply
allows you to take steps to reduce risk in response to malevolent acts or natural hazards and
ensure the long-term resiliency of the water system for your customers.
Scope of Services
The law impacts the City of Muskegon and the following customer communities: the City of
North Muskegon, the City of Roosevelt Park, Muskegon County (Eastside and Northside
systems), and the West Michigan Regional Water Authority (Fruitport and Norton Shores
systems). The EPA has stated that communities can work together to complete a combined Risk
and Resilience Assessment, provided it is individually certified by each community with a unique
water supply serial number (WSSN).
In this proposal, we have provided estimates for completing individual risk assessments for each
community as well as completing a combined risk assessment for the City of Muskegon and its
customer communities. Some advantages of completing a combined risk assessment include
greater efficiency and collaboration among the individual water systems in evaluating risk and
resilience, as well as cost savings from a shared work effort. A combined risk and resilience
assessment would include both shared assets and assets that are unique to each community.
Task 1: Asset Inventory and Characterization
The Risk and Resilience Assessment first requires a thorough asset inventory and
characterization to use with VSAT.
We propose to:
a. Develop your asset inventory and characterization using information included in your
most recent Water Asset Management Plan, Water System Reliability Study, and
Sanitary Survey.
b. Review the inventory with your utility staff and advise you on any additional information
required for the Risk and Resilience Assessment, including cybersecurity, control
systems, and financial infrastructure such as billing and accounting systems.
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City of Muskegon
May 5, 2020
Page 3
Task 2: Risk and Resilience Assessment
Threats to the water system, including both natural hazards and malevolent acts, are paired with
system assets to analyze threat consequence, system vulnerability, and threat likelihood.
Certification of completion of the RRA for the City of Muskegon is required to be submitted to
the US EPA by December 31, 2020. Certification of completion of the RRA for the City of North
Muskegon, the City of Roosevelt Park, Muskegon County (Northside and Eastside), and the West
Michigan Regional Water Authority (Fruitport and Norton Shores) is due by June 30, 2021.
We will perform the following steps to comply with AWIA Section 2013:
a. Develop a threat characterization by identifying threats and hazards in accordance with
VSAT and AWWA J100-10.
b. Use VSAT to perform the Risk and Resilience Assessment with each asset and threat,
using AWWA J100-10 as a guide for consequence, vulnerability, and threat likelihood
assumptions.
c. Review the Risk and Resilience Assessment with your utility staff, including all
assumptions documented in completing the consequence, vulnerability, and threat
analyses.
d. Provide a VSAT digital file for use with the 5-year update to the RRA required by the
AWIA.
e. Provide an accompanying report documenting assumptions, data sources, and VSAT
output as part of the Risk and Resilience Assessment.
f. Assist you with timely submission of the letter certifying completion of the RRA to the
US EPA.
Task 3: Emergency Response Plan
We plan to work with you to develop an updated Emergency Response Plan which incorporates
findings from the Risk and Resilience Assessment and meets the requirements of AWIA 2018.
Certification of completion of the ERP update is required to be submitted to the US EPA by June
30, 2021, or within 6 months of certifying completion of the Risk and Resilience Assessment.
Our tasks include the following:
a. Review existing Emergency Response Plan to determine if any components are missing
as required by AWIA Section 2013.
b. Update the Emergency Response Plan as needed to comply with the AWIA, state
regulatory requirements, and local plans.
c. Assist you with timely submission of the letter certifying completion of the ERP to the
US EPA.
If you would prefer, you can choose to update your own Emergency Response Plan, eliminating
Task b above from our provided services.
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City of Muskegon
May 5, 2020
Page 4
Fees and Schedule
The following table shows the estimated fee for the City of Muskegon and each customer
community, including the estimated discount for completing a combined Risk and Resilience
Assessment. The fee estimates are a not-to-exceed total for the services described above on a
time and materials basis plus expenses, in accordance with the master engineering agreement.
Individual Combined RRA Due ERP Due
Fee Fee Date Date
Estimate Estimate
City of Muskegon $ 25,000 $ 22,000 12/31/2020 6/30/2021
City of North Muskegon $ 8,000 $ 6,500 6/30/2021 12/30/2021
City of Roosevelt Park $ 8,000 $ 6,500 6/30/2021 12/30/2021
Muskegon County $ 15,000 $ 13,000 6/30/2021 12/30/2021
(Eastside and Northside)
West Michigan Regional Water Authority $ 19,000 $ 17,000 6/30/2021 12/30/2021
(Fruitport and Norton Shores)
Total $ 75,000 $ 65,000
If you decide to update your Emergency Response Plan separately from this proposal of services,
the fee estimate in the table above would be discounted by $1,500.
Should additional services be needed, we would contact you and obtain your authorization prior
to performing such services.
We will endeavor to have the Risk and Resilience Assessment completed by October 2020 and
the Emergency Response Plan completed by December, 2020 (if we can start by July 1, 2020).
Once you decide how you would like to proceed, we will prepare a Professional Services
Agreement for the work. Please contact us with any additional thoughts or questions.
Sincerely,
Prein&Newhof
Barbara E. Marczak, P.E. Julie Feria, P.E.
BM/jf
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 11, 2020 Title: Amity Ave. Water & Sewer Upgrades
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Authorize the award of the Amity Avenue contract to the low bidder, Kamminga & Roodvoets Inc, and
authorize the clerk to sign the attached resolution.
Detailed Summary:
Staff solicited bids for sewer replacement, water main replacement and road reconstruction on Amity
Avenue from Getty to Fork and on sections of Fork, Myrtle and Murphy in the Angell neighborhood.
Bids received are as follows:
• $4,138,499.30 – Kamminga & Roodvoets
• $4,246,607.65 – Jackson-Merkey Contractors
• $4,388,385.50 – Hallack Contracting
• $4,708,725.80 – Dunigan Brothers
This project is financed through the sale of bonds in partnership with the State of Michigan Clean
Water and Drinking Water Revolving Funds. The State of Michigan programs offer forgiveness for
portions of the project.
The project would be constructed during the 2021 construction season.
Amount Requested: $4,138,499.30 Amount Budgeted: $5,700,000 (Total)
19/20 - $200,000
20/21 - $2,750,000
21/22 - $2,750,000
(Inclusive of Engineering, Bonding, Financing,
Contingency, etc…)
Fund(s) or Account(s): 590/591-92009 Fund(s) or Account(s): 590/591-92009
Recommended Motion:
Approve the award of the Amity Avenue contract to the low bidder, Kamminga & Roodvoets, Inc.
and authorize the clerk to sign the attached resolution.
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
Amity Avenue Improvements
Bid Tabulations
K&R Jackson-Merkey Hallack Dunigan Bros
Item
Item Description Unit Quantity Bid Unit Price Bid Amount Bid Unit Price Bid Amount Bid Unit Price Bid Amount Bid Unit Price Bid Amount
No.
1 Mobilization, Bonds, and Insurance, Max. 5% LSum 1 $200,000.00 $200,000.00 $194,340.00 $194,340.00 $215,000.00 $215,000.00 $0.00 $0.00
2 Pre-Construction Video Survey LSum 1 $1,500.00 $1,500.00 $2,000.00 $2,000.00 $5,685.00 $5,685.00 $6,300.00 $6,300.00
3 Traffic Control LSum 1 $212,200.00 $212,200.00 $41,610.00 $41,610.00 $75,000.00 $75,000.00 $38,840.00 $38,840.00
4 Flag Control LSum 1 $750.00 $750.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $1,660.00 $1,660.00
5 Soil Erosion Control LSum 1 $10,000.00 $10,000.00 $6,800.00 $6,800.00 $5,500.00 $5,500.00 $9,750.00 $9,750.00
6 Tree, Rem, 6" to 18" Each 4 $310.00 $1,240.00 $310.00 $1,240.00 $250.00 $1,000.00 $472.50 $1,890.00
7 Tree, Rem, 18" to 36" Each 3 $1,150.00 $3,450.00 $1,150.00 $3,450.00 $1,250.00 $3,750.00 $1,750.00 $5,250.00
8 Stump, Rem, 6" to 18" Each 1 $110.00 $110.00 $110.00 $110.00 $250.00 $250.00 $168.00 $168.00
9 Remove HMA Pavement Syd 16,820 $3.00 $50,460.00 $7.30 $122,786.00 $2.00 $33,640.00 $8.10 $136,242.00
10 Remove Concrete Pavement Syd 2,400 $6.50 $15,600.00 $11.00 $26,400.00 $4.00 $9,600.00 $7.00 $16,800.00
11 Remove Concrete Curb & Gutter Ft 8,880 $3.50 $31,080.00 $3.50 $31,080.00 $2.50 $22,200.00 $5.20 $46,176.00
12 Remove Concrete Sidewalk Syd 5,800 $3.00 $17,400.00 $11.00 $63,800.00 $4.00 $23,200.00 $5.20 $30,160.00
13 Remove Drainage Structure Each 67 $200.00 $13,400.00 $890.00 $59,630.00 $385.00 $25,795.00 $436.00 $29,212.00
14 Abandon and Fill Existing Sanitary Sewer Ft 5,275 $4.00 $21,100.00 $9.10 $48,002.50 $22.50 $118,687.50 $6.10 $32,177.50
15 Abandon and Fill Existing Sanitary Manhole Each 16 $150.00 $2,400.00 $2,730.00 $43,680.00 $800.00 $12,800.00 $540.00 $8,640.00
16 Sign, Type III, Rem Each 32 $60.00 $1,920.00 $70.00 $2,240.00 $25.00 $800.00 $22.20 $710.40
17 Subgrade Undercutting, Type II Cyd 100 $25.00 $2,500.00 $17.00 $1,700.00 $25.00 $2,500.00 $25.20 $2,520.00
18 Trench Undercut and Backfill Cyd 50 $45.00 $2,250.00 $20.00 $1,000.00 $25.00 $1,250.00 $60.00 $3,000.00
19 Roadway Grading Sta 48 $4,000.00 $192,000.00 $6,480.00 $311,040.00 $9,250.00 $444,000.00 $3,810.00 $182,880.00
20 Subbase Cyd 6,730 $0.01 $67.30 $0.10 $673.00 $5.00 $33,650.00 $11.10 $74,703.00
21 8" Aggregate Base, 21AA Syd 16,780 $9.00 $151,020.00 $12.50 $209,750.00 $10.00 $167,800.00 $14.50 $243,310.00
22 Curb and Gutter, Conc Ft 9,520 $15.00 $142,800.00 $12.50 $119,000.00 $17.50 $166,600.00 $14.10 $134,232.00
23 HMA, LVSP Ton 4,000 $75.43 $301,720.00 $75.45 $301,800.00 $75.50 $302,000.00 $84.50 $338,000.00
24 Driveway, Nonreinf Conc, 6" Syd 2,550 $40.00 $102,000.00 $29.00 $73,950.00 $42.50 $108,375.00 $32.10 $81,855.00
25 Driveway, Nonreinf Conc, 8" Syd 85 $53.00 $4,505.00 $45.00 $3,825.00 $52.50 $4,462.50 $49.90 $4,241.50
26 Aggregate Surface Cse, 8" Syd 22 $20.00 $440.00 $18.50 $407.00 $12.00 $264.00 $15.90 $349.80
27 Sidewalk, Conc, 4" Sft 35,600 $3.00 $106,800.00 $2.65 $94,340.00 $4.50 $160,200.00 $3.00 $106,800.00
28 Sidewalk, Conc, 6" Sft 9,300 $4.00 $37,200.00 $3.20 $29,760.00 $5.50 $51,150.00 $3.60 $33,480.00
29 Sidewalk, Conc, 8" Sft 260 $5.50 $1,430.00 $6.00 $1,560.00 $6.50 $1,690.00 $6.70 $1,742.00
30 Sidewalk Ramp, Conc, 6" Sft 6,500 $5.50 $35,750.00 $4.00 $26,000.00 $6.50 $42,250.00 $4.40 $28,600.00
31 Detectable Warning Surface, DI Ft 354 $65.00 $23,010.00 $32.00 $11,328.00 $40.00 $14,160.00 $35.50 $12,567.00
32 Gate Box, Adj Each 4 $450.00 $1,800.00 $965.00 $3,860.00 $325.00 $1,300.00 $412.50 $1,650.00
33 Dr Structure Cover, Adj Each 3 $600.00 $1,800.00 $675.00 $2,025.00 $750.00 $2,250.00 $465.50 $1,396.50
K&R Jackson-Merkey Hallack Dunigan Bros
Item
Item Description Unit Quantity Bid Unit Price Bid Amount Bid Unit Price Bid Amount Bid Unit Price Bid Amount Bid Unit Price Bid Amount
No.
34 Monument Preservation Each 1 $750.00 $750.00 $565.00 $565.00 $700.00 $700.00 $1,110.00 $1,110.00
35 Monument Box Each 1 $250.00 $250.00 $695.00 $695.00 $400.00 $400.00 $700.00 $700.00
36 Monument Box Adjust Each 1 $500.00 $500.00 $695.00 $695.00 $300.00 $300.00 $410.00 $410.00
37 Pavt Mrkg, Polyurea, 24", Stop Bar Ft 60 $10.50 $630.00 $10.50 $630.00 $10.50 $630.00 $11.60 $696.00
38 Pavt Mrkg, Polyurea, 6", Crosswalk Ft 300 $2.60 $780.00 $2.60 $780.00 $2.60 $780.00 $3.00 $900.00
39 Pavt Mrkg, Polyurea, 12", Crosswalk Ft 320 $5.25 $1,680.00 $5.25 $1,680.00 $5.25 $1,680.00 $5.80 $1,856.00
40 Sign, Rem, Salv, Reinstall Each 10 $150.00 $1,500.00 $205.00 $2,050.00 $50.00 $500.00 $66.50 $665.00
41 Sign, Type IIIA Sft 130 $20.00 $2,600.00 $16.50 $2,145.00 $15.00 $1,950.00 $17.70 $2,301.00
42 Sign, Type IIIB Sft 40 $20.00 $800.00 $38.00 $1,520.00 $15.00 $600.00 $17.70 $708.00
43 Post, Steel, 3 lb. Ft 400 $6.00 $2,400.00 $5.40 $2,160.00 $5.00 $2,000.00 $7.20 $2,880.00
44 Surface Restoration Syd 26,100 $4.00 $104,400.00 $4.00 $104,400.00 $3.50 $91,350.00 $7.50 $195,750.00
45 Mulch Blanket Syd 1,000 $0.90 $900.00 $3.40 $3,400.00 $1.00 $1,000.00 $1.70 $1,700.00
46 Dr Structure Cover, Type B Each 16 $850.00 $13,600.00 $360.00 $5,760.00 $985.00 $15,760.00 $825.00 $13,200.00
47 Dr Structure Cover, Type G Each 2 $750.00 $1,500.00 $300.00 $600.00 $850.00 $1,700.00 $683.00 $1,366.00
48 Dr Structure Cover, Type K Each 30 $950.00 $28,500.00 $560.00 $16,800.00 $1,250.00 $37,500.00 $865.00 $25,950.00
49 Dr Structure Cover, Type KK Each 2 $1,000.00 $2,000.00 $845.00 $1,690.00 $1,250.00 $2,500.00 $758.00 $1,516.00
50 Bypass Pumping LSum 1 $5,000.00 $5,000.00 $84,800.00 $84,800.00 $65,000.00 $65,000.00 $70,630.00 $70,630.00
51 Sanitary Manhole, 48" Dia Each 16 $2,600.00 $41,600.00 $4,550.00 $72,800.00 $3,500.00 $56,000.00 $4,030.00 $64,480.00
52 Sanitary Manhole, 96" Dia Each 1 $9,000.00 $9,000.00 $6,510.00 $6,510.00 $9,000.00 $9,000.00 $12,690.00 $12,690.00
53 Dr Structure Cover, Type Q Each 17 $1,100.00 $18,700.00 $480.00 $8,160.00 $1,350.00 $22,950.00 $888.50 $15,104.50
54 8" Sanitary Sewer Ft 135 $75.00 $10,125.00 $61.00 $8,235.00 $45.00 $6,075.00 $111.00 $14,985.00
55 10" Sanitary Sewer Ft 34 $80.00 $2,720.00 $70.50 $2,397.00 $55.00 $1,870.00 $171.00 $5,814.00
56 12" Sanitary Sewer Ft 14 $85.00 $1,190.00 $73.00 $1,022.00 $65.00 $910.00 $175.00 $2,450.00
57 18" Sanitary Sewer Ft 36 $90.00 $3,240.00 $76.50 $2,754.00 $85.00 $3,060.00 $165.00 $5,940.00
58 21" Sanitary Sewer Ft 4,616 $95.00 $438,520.00 $120.75 $557,382.00 $130.00 $600,080.00 $170.00 $784,720.00
59 Connect to Existing Sanitary Sewer Each 9 $1,000.00 $9,000.00 $3,280.00 $29,520.00 $750.00 $6,750.00 $761.50 $6,853.50
60 21" x 6" Lateral Connector Each 122 $2,000.00 $244,000.00 $1,000.00 $122,000.00 $500.00 $61,000.00 $1,710.00 $208,620.00
61 6" Sanitary Lateral Ft 4,004 $46.00 $184,184.00 $43.00 $172,172.00 $20.00 $80,080.00 $80.90 $323,923.60
62 Reconnect Sanitary Lateral Each 122 $165.00 $20,130.00 $555.00 $67,710.00 $500.00 $61,000.00 $102.50 $12,505.00
63 Abandon Existing Valve Each 18 $150.00 $2,700.00 $545.00 $9,810.00 $50.00 $900.00 $119.00 $2,142.00
64 Remove Hydrant Each 8 $150.00 $1,200.00 $1,090.00 $8,720.00 $500.00 $4,000.00 $357.00 $2,856.00
65 16" Watermain Ft 62 $150.00 $9,300.00 $120.00 $7,440.00 $150.00 $9,300.00 $186.50 $11,563.00
66 12" Watermain Ft 10 $140.00 $1,400.00 $125.00 $1,250.00 $95.00 $950.00 $170.00 $1,700.00
67 8" Watermain Ft 4,221 $67.00 $282,807.00 $66.00 $278,586.00 $60.00 $253,260.00 $82.60 $348,654.60
68 6" Watermain Ft 117 $65.00 $7,605.00 $55.50 $6,493.50 $45.00 $5,265.00 $84.80 $9,921.60
69 16" Valve & Box Each 2 $7,000.00 $14,000.00 $8,520.00 $17,040.00 $9,000.00 $18,000.00 $7,640.00 $15,280.00
70 12" Valve & Box Each 2 $2,600.00 $5,200.00 $3,760.00 $7,520.00 $2,850.00 $5,700.00 $2,540.00 $5,080.00
71 8" Valve & Box Each 20 $1,600.00 $32,000.00 $2,000.00 $40,000.00 $1,850.00 $37,000.00 $1,380.00 $27,600.00
72 6" Valve & Box Each 9 $1,100.00 $9,900.00 $1,600.00 $14,400.00 $1,250.00 $11,250.00 $965.00 $8,685.00
73 16"x8" Cross Each 1 $2,500.00 $2,500.00 $3,070.00 $3,070.00 $2,250.00 $2,250.00 $1,700.00 $1,700.00
K&R Jackson-Merkey Hallack Dunigan Bros
Item
Item Description Unit Quantity Bid Unit Price Bid Amount Bid Unit Price Bid Amount Bid Unit Price Bid Amount Bid Unit Price Bid Amount
No.
74 8"x8" Cross Each 2 $1,200.00 $2,400.00 $1,640.00 $3,280.00 $1,000.00 $2,000.00 $611.00 $1,222.00
75 12"x12"x8" Tee Each 1 $1,100.00 $1,100.00 $1,400.00 $1,400.00 $1,000.00 $1,000.00 $710.50 $710.50
76 8"x8"x8" Tee Each 3 $800.00 $2,400.00 $1,110.00 $3,330.00 $750.00 $2,250.00 $429.00 $1,287.00
77 8"x8"x6" Tee Each 9 $775.00 $6,975.00 $1,060.00 $9,540.00 $650.00 $5,850.00 $376.00 $3,384.00
78 16"x45° Bend Each 8 $1,900.00 $15,200.00 $1,890.00 $15,120.00 $1,000.00 $8,000.00 $1,180.00 $9,440.00
79 8"x45° Bend Each 60 $800.00 $48,000.00 $500.00 $30,000.00 $350.00 $21,000.00 $253.00 $15,180.00
80 6"x45° Bend Each 8 $600.00 $4,800.00 $1,260.00 $10,080.00 $285.00 $2,280.00 $188.00 $1,504.00
81 8"x6" Reducer Each 9 $500.00 $4,500.00 $750.00 $6,750.00 $325.00 $2,925.00 $217.50 $1,957.50
82 Fire Hydrant Each 9 $3,300.00 $29,700.00 $2,930.00 $26,370.00 $3,850.00 $34,650.00 $3,840.00 $34,560.00
83 Connect to Existing Watermain Each 12 $3,000.00 $36,000.00 $3,590.00 $43,080.00 $1,500.00 $18,000.00 $4,250.00 $51,000.00
84 Relocate 6" Watermain Each 1 $4,000.00 $4,000.00 $2,120.00 $2,120.00 $2,850.00 $2,850.00 $4,210.00 $4,210.00
85 Relocate 8" Watermain Each 1 $4,400.00 $4,400.00 $3,100.00 $3,100.00 $3,500.00 $3,500.00 $4,470.00 $4,470.00
86 Relocate 12" Watermain Each 1 $7,500.00 $7,500.00 $5,780.00 $5,780.00 $6,500.00 $6,500.00 $5,760.00 $5,760.00
87 Relocate 16" Watermain Each 1 $11,000.00 $11,000.00 $5,750.00 $5,750.00 $7,500.00 $7,500.00 $8,180.00 $8,180.00
88 1.5" Corp Stop, Curb Stop & Box Each 1 $1,400.00 $1,400.00 $1,512.00 $1,512.00 $1,500.00 $1,500.00 $1,700.00 $1,700.00
89 1" Corp Stop, Curb Stop & Box Each 125 $900.00 $112,500.00 $1,105.00 $138,125.00 $1,000.00 $125,000.00 $1,250.00 $156,250.00
90 1.5" Water Service Ft 45 $75.00 $3,375.00 $27.85 $1,253.25 $30.00 $1,350.00 $31.40 $1,413.00
91 1" Water Service Ft 3,178 $62.00 $197,036.00 $20.65 $65,625.70 $25.00 $79,450.00 $23.30 $74,047.40
92 Water Service, Reconnect Each 10 $300.00 $3,000.00 $295.00 $2,950.00 $150.00 $1,500.00 $288.00 $2,880.00
93 1.5" Water Service, Private Property Ft 15 $75.00 $1,125.00 $45.00 $675.00 $148.50 $2,227.50 $50.70 $760.50
94 1" Water Service, Private Property Ft 3,113 $30.00 $93,390.00 $20.65 $64,283.45 $88.00 $273,944.00 $23.30 $72,532.90
95 Water Service, Building Connection Each 97 $1,400.00 $135,800.00 $615.00 $59,655.00 $350.00 $33,950.00 $650.00 $63,050.00
96 Meter Pit Each 15 $1,400.00 $21,000.00 $915.75 $13,736.25 $550.00 $8,250.00 $1,030.00 $15,450.00
97 Private Property Landscape Repair (Allowance) Dlr 4,000 $1.00 $4,000.00 $1.00 $4,000.00 $1.00 $4,000.00 $1.00 $4,000.00
98 Irrigation Repair (Allowance) Dlr 3,000 $1.00 $3,000.00 $1.00 $3,000.00 $1.00 $3,000.00 $1.00 $3,000.00
99 Remove Storm Sewer 30" or Less Ft 860 $6.00 $5,160.00 $9.90 $8,514.00 $10.00 $8,600.00 $17.50 $15,050.00
100 Storm Sewer, 12 inch Ft 1,620 $45.00 $72,900.00 $35.50 $57,510.00 $40.00 $64,800.00 $102.00 $165,240.00
101 Storm Sewer, 27 inch Ft 20 $125.00 $2,500.00 $76.50 $1,530.00 $85.00 $1,700.00 $162.50 $3,250.00
102 Dr Structure, 24 inch Dia Each 25 $1,100.00 $27,500.00 $1,870.00 $46,750.00 $1,850.00 $46,250.00 $2,100.00 $52,500.00
103 Dr Structure, 48 inch Dia Each 24 $1,900.00 $45,600.00 $2,470.00 $59,280.00 $2,500.00 $60,000.00 $3,070.00 $73,680.00
104 Dr Structure, 84 inch Dia Each 1 $11,000.00 $11,000.00 $8,390.00 $8,390.00 $8,000.00 $8,000.00 $14,890.00 $14,890.00
105 Dr Structure Tap, 12 inch Each 2 $550.00 $1,100.00 $1,920.00 $3,840.00 $350.00 $700.00 $525.00 $1,050.00
106 Sewer Tap, 10 inch Each 4 $550.00 $2,200.00 $1,420.00 $5,680.00 $250.00 $1,000.00 $523.50 $2,094.00
107 Sewer Tap, 12 inch Each 7 $575.00 $4,025.00 $1,410.00 $9,870.00 $350.00 $2,450.00 $523.50 $3,664.50
108 Sewer Tap, 27 inch Each 1 $900.00 $900.00 $1,980.00 $1,980.00 $500.00 $500.00 $1,470.00 $1,470.00
109 Sewer Tap, 54 inch Each 2 $1,750.00 $3,500.00 $2,850.00 $5,700.00 $800.00 $1,600.00 $3,490.00 $6,980.00
Bid Total: $4,138,499.30 Bid Total: $4,246,607.65 Bid Total: $4,388,385.50 Bid Total: $4,708,725.80
As-Read: $4,956,125.80
Difference: $247,400.00
RECOMMENDATION OF AWARD
July 31, 2020
Leo Evans, P.E., Director of Public Works
City of Muskegon
933 Terrace Street
Muskegon, Michigan 49440
RE: Amity Avenue Improvements
Dear Leo:
We reviewed the bids for the Amity Avenue Improvements project and summarized the bids on the
enclosed Bid Summary. A total of four bids were received with three below the engineers estimate.
The low bid was submitted by Kamminga & Roodvoets, Inc. (K&R) in the amount of $4,138,499.30.
Based on our experience with K&R, we are confident they are capable of constructing a quality project
for the City of Muskegon.
Based on the above, we recommend award of the project to Kamminga & Roodvoets, Inc. in the amount
of $4,138,499.30.
Please feel free to contact me with any questions.
Sincerely,
FLEIS & VANDENBRINK
Don DeVries, P.E.
Project Manager
Enclosure(s)
316 Morris Ave, Suite 230
Muskegon, MI 49440
P: 231.726.1000
F: 231.726.2200
842440 Rec of Award.docx www.fveng.com
A RESOLUTION TO TENTATIVELY AWARD
A CONSTRUCTION CONTRACT
FOR WASTEWATER AND WATER SYSTEM IMPROVEMENTS
WHEREAS, the City of Muskegon wishes to construct improvements to its existing wastewater
treatment and collection system and its existing water treatment and distribution system; and
WHEREAS, the wastewater system improvements project formally adopted on June 26, 2018 will be
funded through Michigan’s State Revolving Loan Fund (SRF) program; and
WHEREAS, the water system improvements project formally adopted on April 23, 2019 will be funded
through the state of Michigan’s Drinking Water Revolving Loan Fund (DWRF) program; and
WHEREAS, the City of Muskegon has sought and received construction bids for the Amity Avenue
Project and has received a low bid in the amount of $4,138,499.30 from Kamminga & Roodvoets of
Grand Rapids, MI; and
WHEREAS, the City of Muskegon’s project engineer, Leo Evans, has recommended awarding the
contract to the low bidder.
NOW THEREFORE BE IT RESOLVED, that the City of Muskegon tentatively awards the contract
for construction of the proposed Amity Avenue wastewater system and water system improvements
project to Kamminga & Roodvoets of Grand Rapids, MI, contingent upon successful financial
arrangements with the SRF and DWRF Programs.
Yeas:
Nays:
Abstain:
Absent:
I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on
August 11, 2020.
BY: Ann Meisch, City Clerk
______________________________________________________________________________
Signature Date
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 11, 2020 Title: Peck Street Water & Sewer Upgrades
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Authorize the award of the Peck Street contract to the low bidder, Kamminga & Roodvoets Inc, and
authorize the clerk to sign the attached resolution.
Detailed Summary:
Staff solicited bids for sewer replacement, water main replacement and road reconstruction on Peck
Street from Laketon Avenue north to Merrill Avenue in the Nelson and McLaughlin neighborhoods.
Bids received are as follows:
• $3,481,438.91 – Kamminga & Roodvoets
• $3,589,454.75 – Wadel Stabilization
• $3,794,984.00 – Hallack Contracting
• $4,135,588.35 – Diversco Construction
• $4,827,140.03 – Dunigan Brothers
This project is financed through the sale of bonds in partnership with the State of Michigan Clean
Water and Drinking Water Revolving Funds. The State of Michigan programs offer forgiveness for
portions of the project.
The project would be constructed during the 2021 construction season.
There will be a separate project financed through City Major Streets and MDOT/FHWA to reconstruct
Peck Street from Merrill to Apple in the same year. That project is expected to take bids in January or
February.
Amount Requested: $3,481,438.91 Amount Budgeted: $4,700,000 (Total)
19/20 - $200,000
20/21 - $1,700,000
21/22 - $2,800,000
(Inclusive of Engineering, Bonding, Financing,
Contingency, etc…)
Fund(s) or Account(s): 202/590/591-92010 Fund(s) or Account(s): 202/590/591-92010
Recommended Motion:
Approve the award of the Peck Street contract to the low bidder, Kamminga & Roodvoets, Inc. and
authorize the clerk to sign the attached resolution.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 1st 2nd 3rd 4th
City of Muskegon
Project Title: Kamminga&Roodvoets Wadel Stabilization, Inc Hallack Contracting Diversco Construction
Wastewater and Water System Improvements, Peck Street: Laketon to Merrill 3435 Broadmoor Ave SE 2500 N Oceana Dr 4223 W Polk Rd 570 Market Ave SW
Bid Date & Time: Project #: Grand Rapids, MI 49512 Hart, MI 49420 Hart, MI 49420 Grand Rapids, MI 49503
July 30, 2020 at 2:00 PM 2190730
Item No. Description Quantity Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount
SRF/DWRF Eligible
1 Mobilization, Max, 10% 1 Lsum $345,000.00 $345,000.00 $358,000.00 $358,000.00 $175,000.00 $175,000.00 $400,000.00 $400,000.00
2 Traffic Control 1 Lsum $55,500.00 $55,500.00 $47,230.00 $47,230.00 $62,500.00 $62,500.00 $32,625.00 $32,625.00
3 Minor Traf Devices 1 Lsum $25,000.00 $25,000.00 $26,380.00 $26,380.00 $55,000.00 $55,000.00 $150,000.00 $150,000.00
4 Tree, Rem, 6 inch to 18 inch 13 Ea $395.00 $5,135.00 $400.00 $5,200.00 $285.00 $3,705.00 $395.00 $5,135.00
5 Tree, Rem, 19 inch to 36 inch 8 Ea $1,150.00 $9,200.00 $1,150.00 $9,200.00 $1,125.00 $9,000.00 $1,750.00 $14,000.00 *
6 Dr Structure, Rem 73 Ea $250.00 $18,250.00 $320.00 $23,360.00 $385.00 $28,105.00 $442.00 $32,266.00
7 Sewer Rem, Less than 24 inch 1,545 Ft $7.00 $10,815.00 $6.00 $9,270.00 $10.00 $15,450.00 $8.00 $12,360.00
8 Sewer Rem, 24 inch and Greater 240 Ft $10.00 $2,400.00 $8.00 $1,920.00 $20.00 $4,800.00 $14.00 $3,360.00
9 Sewer, Abandon, Less than 20 inch 620 Ft $5.00 $3,100.00 $11.00 $6,820.00 $15.00 $9,300.00 $12.80 $7,936.00
10 Sewer, Abandon, 20 inch and Greater 90 Ft $15.00 $1,350.00 $19.00 $1,710.00 $55.00 $4,950.00 $20.00 $1,800.00
11 Curb and Gutter Rem 8,900 Ft $3.50 $31,150.00 $2.60 $23,140.00 $2.50 $22,250.00 $5.15 $45,835.00
12 Pavt, Rem 23,660 Syd $5.50 $130,130.00 $4.90 $115,934.00 $4.00 $94,640.00 $9.80 $231,868.00
13 HMA Surface, Rem 22,500 Syd $2.50 $56,250.00 $1.50 $33,750.00 $2.00 $45,000.00 $2.50 $56,250.00
14 Sidewalk, Rem 2,560 Syd $5.00 $12,800.00 $5.80 $14,848.00 $4.00 $10,240.00 $4.25 $10,880.00
page 1 of 18 \\grfileserver\shared\2019\2190730 City of Muskegon\CDS\bid tab 2020-07-30 Peck St.xlsx
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 1st 2nd 3rd 4th
City of Muskegon
Project Title: Kamminga&Roodvoets Wadel Stabilization, Inc Hallack Contracting Diversco Construction
Wastewater and Water System Improvements, Peck Street: Laketon to Merrill 3435 Broadmoor Ave SE 2500 N Oceana Dr 4223 W Polk Rd 570 Market Ave SW
Bid Date & Time: Project #: Grand Rapids, MI 49512 Hart, MI 49420 Hart, MI 49420 Grand Rapids, MI 49503
July 30, 2020 at 2:00 PM 2190730
Item No. Description Quantity Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount
15 Irrigation Repair Allowance 1 Lsum $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00
16 Erosion Control, Inlet Protection, Fabric Drop 39 Ea $170.00 $6,630.00 $100.00 $3,900.00 $85.00 $3,315.00 $135.00 $5,265.00
17 Machine Grading, Modified 39.6 Sta $2,500.00 $99,000.00 $2,500.00 $99,000.00 $7,450.00 $295,020.00 $5,335.00 $211,266.00
18 Aggregate Base, 9 inch, Modified 19,510 Syd $12.00 $234,120.00 $13.00 $253,630.00 $10.00 $195,100.00 $15.25 $297,527.50
19 HMA, 5E1 2,250 Ton $82.80 $186,300.00 $82.80 $186,300.00 $85.00 $191,250.00 $82.80 $186,300.00
20 HMA, 4E3 2,250 Ton $81.98 $184,455.00 $82.00 $184,500.00 $82.50 $185,625.00 $81.98 $184,455.00
21 HMA, 3E3 2,250 Ton $74.32 $167,220.00 $75.00 $168,750.00 $82.50 $185,625.00 $74.32 $167,220.00
22 Driveway, Nonreinf Conc, 6 inch 880 Syd $40.00 $35,200.00 $27.00 $23,760.00 $42.50 $37,400.00 $27.00 $23,760.00
23 Curb and Gutter, Conc. Det F4 8,640 Ft $14.00 $120,960.00 $11.00 $95,040.00 $17.00 $146,880.00 $11.00 $95,040.00
24 Sidewalk, Conc, 4 inch 18,330 Sft $3.00 $54,990.00 $2.55 $46,741.50 $4.25 $77,902.50 $2.55 $46,741.50
25 Sidewalk, Conc, 6 inch 1,070 Sft $4.25 $4,547.50 $3.20 $3,424.00 $5.50 $5,885.00 $3.20 $3,424.00
26 Sidewalk Ramp, Conc, 6 inch 3,590 Sft $5.50 $19,745.00 $4.00 $14,360.00 $6.00 $21,540.00 $4.00 $14,360.00
27 Detectable Warning Surface 375 Ft $48.00 $18,000.00 $32.00 $12,000.00 $40.00 $15,000.00 $32.00 $12,000.00
28 Turf Restoration 39.6 Sta $500.00 $19,800.00 $400.00 $15,840.00 $850.00 $33,660.00 $1,850.00 $73,260.00
29 Pavt Mrkg, Polyurea, Lt Turn Arrow Sym 1 Ea $185.00 $185.00 $185.00 $185.00 $185.00 $185.00 $185.00 $185.00
page 2 of 18 \\grfileserver\shared\2019\2190730 City of Muskegon\CDS\bid tab 2020-07-30 Peck St.xlsx
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 1st 2nd 3rd 4th
City of Muskegon
Project Title: Kamminga&Roodvoets Wadel Stabilization, Inc Hallack Contracting Diversco Construction
Wastewater and Water System Improvements, Peck Street: Laketon to Merrill 3435 Broadmoor Ave SE 2500 N Oceana Dr 4223 W Polk Rd 570 Market Ave SW
Bid Date & Time: Project #: Grand Rapids, MI 49512 Hart, MI 49420 Hart, MI 49420 Grand Rapids, MI 49503
July 30, 2020 at 2:00 PM 2190730
Item No. Description Quantity Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount
30 Pavt Mrkg, Polyurea, Thru & Rt Turn Arrow Sym 1 Ea $215.00 $215.00 $215.00 $215.00 $215.00 $215.00 $215.00 $215.00
31 Pavt Mrkg, Polyurea, 4 inch, Yellow 6,650 Ft $0.95 $6,317.50 $1.00 $6,650.00 $0.95 $6,317.50 $0.95 $6,317.50
32 Pavt Mrkg, Polyurea, 4 inch, White 6,050 Ft $0.95 $5,747.50 $1.00 $6,050.00 $0.95 $5,747.50 $0.95 $5,747.50
33 Pavt Mrkg, Polyurea, 6 inch, White 75 Ft $0.99 $74.25 $1.00 $75.00 $0.99 $74.25 $0.99 $74.25
34 Pavt Mrkg, Polyurea, 6 inch Crosswalk, White 285 Ft $2.95 $840.75 $3.00 $855.00 $2.95 $840.75 $2.95 $840.75
35 Pavt Mrkg, Polyurea, 12 inch Crosswalk, White 1,220 Ft $5.95 $7,259.00 $6.00 $7,320.00 $5.95 $7,259.00 $5.95 $7,259.00
36 Pavt Mrkg, Polyurea, 18 inch, Stop Bar, White 1,225 Ft $7.50 $9,187.50 $8.00 $9,800.00 $7.50 $9,187.50 $7.50 $9,187.50
37 Sign Type IIIB 17.25 Sft $25.00 $431.25 $25.00 $431.25 $10.00 $172.50 $25.00 $431.25
38 Post, Steel 3 LB 45 Ft $8.00 $360.00 $10.00 $450.00 $5.00 $225.00 $10.00 $450.00
39 Sanitary Sewer, 8", Tr Det B 4,362 Ft $60.00 $261,720.00 $100.00 $436,200.00 $85.00 $370,770.00 $91.00 $396,942.00
40 Sanitary Sewer, 10", Tr Det B 128 Ft $90.00 $11,520.00 $125.00 $16,000.00 $95.00 $12,160.00 $83.80 $10,726.40
41 Sanitary Manhole, 48 inch Dia 13 Ea $3,300.00 $42,900.00 $3,680.00 $47,840.00 $3,850.00 $50,050.00 $2,908.00 $37,804.00
42 Sanitary Drop Manhole, 48 inch Dia 6 Ea $5,000.00 $30,000.00 $5,140.00 $30,840.00 $5,250.00 $31,500.00 $4,422.00 $26,532.00
43 Sanitary Sewer, Wye, 8 inch x 6 inch 76 Ea $375.00 $28,500.00 $510.00 $38,760.00 $200.00 $15,200.00 $302.75 $23,009.00
44 Sanitary Lateral, 6 inch 2,550 Ft $45.00 $114,750.00 $40.30 $102,765.00 $22.50 $57,375.00 $64.22 $163,761.00
page 3 of 18 \\grfileserver\shared\2019\2190730 City of Muskegon\CDS\bid tab 2020-07-30 Peck St.xlsx
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 1st 2nd 3rd 4th
City of Muskegon
Project Title: Kamminga&Roodvoets Wadel Stabilization, Inc Hallack Contracting Diversco Construction
Wastewater and Water System Improvements, Peck Street: Laketon to Merrill 3435 Broadmoor Ave SE 2500 N Oceana Dr 4223 W Polk Rd 570 Market Ave SW
Bid Date & Time: Project #: Grand Rapids, MI 49512 Hart, MI 49420 Hart, MI 49420 Grand Rapids, MI 49503
July 30, 2020 at 2:00 PM 2190730
Item No. Description Quantity Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount
45 Sanitary Lateral, 6 inch, Pipe Burst 266 Ft $66.00 $17,556.00 $110.00 $29,260.00 $150.00 $39,900.00 $125.00 $33,250.00
46 Sanitary Lateral, Connect to Ex. 79 Ea $150.00 $11,850.00 $198.00 $15,642.00 $150.00 $11,850.00 $227.00 $17,933.00
47 Sanitary Sewer, Connect to Ex. 8" 9 Ea $950.00 $8,550.00 $304.00 $2,736.00 $750.00 $6,750.00 $341.00 $3,069.00
48 Sanitary Sewer, Connect to Ex. 10" 2 Ea $990.00 $1,980.00 $345.00 $690.00 $900.00 $1,800.00 $425.00 $850.00
49 Sanitary Sewer, Plug, 8 inch 1 Ea $300.00 $300.00 $250.00 $250.00 $250.00 $250.00 $107.00 $107.00
50 Sanitary Sewer, Bulkhead, 20 inch 1 Ea $750.00 $750.00 $950.00 $950.00 $350.00 $350.00 $455.00 $455.00
51 Sanitary Sewer, CCTV 4,490 Ft $2.25 $10,102.50 $2.50 $11,225.00 $1.00 $4,490.00 $2.75 $12,347.50
52 Sewer, Cl E, 12 inch, Tr Det B 1,258 Ft $50.00 $62,900.00 $52.00 $65,416.00 $45.00 $56,610.00 $51.10 $64,283.80
53 Sewer, Cl E, 15 inch, Tr Det B 35 Ft $70.00 $2,450.00 $126.00 $4,410.00 $60.00 $2,100.00 $54.10 $1,893.50
54 Sewer, Cl E, 18 inch, Tr Det B 35 Ft $72.00 $2,520.00 $130.00 $4,550.00 $67.50 $2,362.50 $76.00 $2,660.00
55 Sewer, Cl E, 24 inch, Tr Det B 223 Ft $75.00 $16,725.00 $102.00 $22,746.00 $80.00 $17,840.00 $91.20 $20,337.60
56 Sewer, Connect to Ex. 12" 4 Ea $650.00 $2,600.00 $230.00 $920.00 $1,000.00 $4,000.00 $520.00 $2,080.00
57 Sewer, Connect to Ex. 15" 4 Ea $700.00 $2,800.00 $340.00 $1,360.00 $1,500.00 $6,000.00 $703.00 $2,812.00
58 Sewer, Connect to Ex. 18" 6 Ea $900.00 $5,400.00 $400.00 $2,400.00 $1,750.00 $10,500.00 $906.00 $5,436.00
59 Sewer, Connect to Ex. 24" 3 Ea $950.00 $2,850.00 $580.00 $1,740.00 $2,000.00 $6,000.00 $1,245.00 $3,735.00
page 4 of 18 \\grfileserver\shared\2019\2190730 City of Muskegon\CDS\bid tab 2020-07-30 Peck St.xlsx
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 1st 2nd 3rd 4th
City of Muskegon
Project Title: Kamminga&Roodvoets Wadel Stabilization, Inc Hallack Contracting Diversco Construction
Wastewater and Water System Improvements, Peck Street: Laketon to Merrill 3435 Broadmoor Ave SE 2500 N Oceana Dr 4223 W Polk Rd 570 Market Ave SW
Bid Date & Time: Project #: Grand Rapids, MI 49512 Hart, MI 49420 Hart, MI 49420 Grand Rapids, MI 49503
July 30, 2020 at 2:00 PM 2190730
Item No. Description Quantity Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount
60 Sewer, Bulkhead, 18" 1 Ea $500.00 $500.00 $830.00 $830.00 $300.00 $300.00 $232.00 $232.00
61 Dr Structure, 24 inch dia 20 Ea $1,000.00 $20,000.00 $1,410.00 $28,200.00 $1,850.00 $37,000.00 $932.00 $18,640.00
62 Dr Structure, 48 inch dia 21 Ea $1,700.00 $35,700.00 $2,180.00 $45,780.00 $2,500.00 $52,500.00 $1,596.00 $33,516.00
63 Dr Structure, 60 inch dia 1 Ea $3,400.00 $3,400.00 $3,140.00 $3,140.00 $4,000.00 $4,000.00 $3,407.00 $3,407.00
64 Rebuild Dr Structure, 60 inch dia 1 Ea $4,000.00 $4,000.00 $5,250.00 $5,250.00 $5,250.00 $5,250.00 $1,972.00 $1,972.00
65 Dr Structure Cover, Type B 17 Ea $800.00 $13,600.00 $375.00 $6,375.00 $985.00 $16,745.00 $500.00 $8,500.00
66 Dr Structure Cover, Type K 25 Ea $975.00 $24,375.00 $525.00 $13,125.00 $1,250.00 $31,250.00 $650.00 $16,250.00
67 Dr Structure Cover Adj, Case 1 5 Ea $550.00 $2,750.00 $750.00 $3,750.00 $750.00 $3,750.00 $537.00 $2,685.00
68 Water Main, DI, 4 inch, Tr Det G 10 Ft $70.00 $700.00 $119.00 $1,190.00 $50.00 $500.00 $92.40 $924.00
69 Water Main, DI, 6 inch, Tr Det G 348 Ft $70.00 $24,360.00 $93.00 $32,364.00 $60.00 $20,880.00 $64.40 $22,411.20
70 Water Main, DI, 8 inch, Tr Det G 4,075 Ft $73.00 $297,475.00 $65.00 $264,875.00 $75.00 $305,625.00 $67.20 $273,840.00
71 Water Main, DI, 12 inch, Tr Det G 54 Ft $125.00 $6,750.00 $122.00 $6,588.00 $100.00 $5,400.00 $141.50 $7,641.00
72 Water Main, DI, 16 inch, Tr Det G 60 Ft $140.00 $8,400.00 $146.00 $8,760.00 $125.00 $7,500.00 $178.55 $10,713.00
73 Water Main, Bend, 22.5 Degree, 8 inch 2 Ea $763.83 $1,527.66 $510.00 $1,020.00 $350.00 $700.00 $439.00 $878.00
74 Water Main, Bend, 45 Degree, 6 inch 4 Ea $700.00 $2,800.00 $380.00 $1,520.00 $285.00 $1,140.00 $373.00 $1,492.00
page 5 of 18 \\grfileserver\shared\2019\2190730 City of Muskegon\CDS\bid tab 2020-07-30 Peck St.xlsx
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 1st 2nd 3rd 4th
City of Muskegon
Project Title: Kamminga&Roodvoets Wadel Stabilization, Inc Hallack Contracting Diversco Construction
Wastewater and Water System Improvements, Peck Street: Laketon to Merrill 3435 Broadmoor Ave SE 2500 N Oceana Dr 4223 W Polk Rd 570 Market Ave SW
Bid Date & Time: Project #: Grand Rapids, MI 49512 Hart, MI 49420 Hart, MI 49420 Grand Rapids, MI 49503
July 30, 2020 at 2:00 PM 2190730
Item No. Description Quantity Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount
75 Water Main, Bend, 45 Degree, 8 inch 10 Ea $900.00 $9,000.00 $510.00 $5,100.00 $350.00 $3,500.00 $441.00 $4,410.00
76 Water Main, Reducer, 10 inch x 8 inch 1 Ea $550.00 $550.00 $530.00 $530.00 $385.00 $385.00 $492.00 $492.00
77 Water Main, Reducer, 8 inch x 6 inch 1 Ea $450.00 $450.00 $430.00 $430.00 $325.00 $325.00 $424.00 $424.00
78 Water Main, Sleeve, 4 inch 1 Ea $1,200.00 $1,200.00 $740.00 $740.00 $500.00 $500.00 $946.00 $946.00
79 Water Main, Sleeve, 6 inch 6 Ea $1,300.00 $7,800.00 $830.00 $4,980.00 $750.00 $4,500.00 $1,133.00 $6,798.00
80 Water Main, Sleeve, 8 inch 5 Ea $1,800.00 $9,000.00 $950.00 $4,750.00 $895.00 $4,475.00 $1,321.00 $6,605.00
81 Water Main, Sleeve, 10 inch 1 Ea $2,000.00 $2,000.00 $1,290.00 $1,290.00 $1,050.00 $1,050.00 $1,586.00 $1,586.00
82 Water Main, Sleeve, 12 inch 2 Ea $2,500.00 $5,000.00 $1,240.00 $2,480.00 $1,150.00 $2,300.00 $2,348.00 $4,696.00
83 Water Main, Sleeve, 16 inch 2 Ea $3,300.00 $6,600.00 $1,520.00 $3,040.00 $1,785.00 $3,570.00 $2,585.00 $5,170.00
84 Water Main, Tee, 8 inch x 8 inch x 4 inch 1 Ea $700.00 $700.00 $710.00 $710.00 $550.00 $550.00 $610.00 $610.00
85 Water Main, Tee, 8 inch x 8 inch x 6 inch 14 Ea $750.00 $10,500.00 $800.00 $11,200.00 $650.00 $9,100.00 $652.00 $9,128.00
86 Water Main, Tee, 8 inch x 8 inch x 8 inch 3 Ea $850.00 $2,550.00 $900.00 $2,700.00 $750.00 $2,250.00 $656.00 $1,968.00
87 Water Main, Cross, 12 inch x 12 inch x 8 inch x 8 inch 1 Ea $1,500.00 $1,500.00 $1,380.00 $1,380.00 $1,250.00 $1,250.00 $1,209.00 $1,209.00
88 Water Main, Cross, 16 inch x 16inch x 8 inch x 8 inch 1 Ea $2,500.00 $2,500.00 $2,190.00 $2,190.00 $2,250.00 $2,250.00 $2,011.00 $2,011.00
89 Water Main, Valve and Box, 4 inch 1 Ea $1,000.00 $1,000.00 $1,150.00 $1,150.00 $1,250.00 $1,250.00 $1,062.00 $1,062.00
page 6 of 18 \\grfileserver\shared\2019\2190730 City of Muskegon\CDS\bid tab 2020-07-30 Peck St.xlsx
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 1st 2nd 3rd 4th
City of Muskegon
Project Title: Kamminga&Roodvoets Wadel Stabilization, Inc Hallack Contracting Diversco Construction
Wastewater and Water System Improvements, Peck Street: Laketon to Merrill 3435 Broadmoor Ave SE 2500 N Oceana Dr 4223 W Polk Rd 570 Market Ave SW
Bid Date & Time: Project #: Grand Rapids, MI 49512 Hart, MI 49420 Hart, MI 49420 Grand Rapids, MI 49503
July 30, 2020 at 2:00 PM 2190730
Item No. Description Quantity Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount
90 Water Main, Valve and Box, 6 inch 14 Ea $1,100.00 $15,400.00 $1,310.00 $18,340.00 $1,500.00 $21,000.00 $1,200.00 $16,800.00
91 Water Main, Valve and Box, 8 inch 16 Ea $1,600.00 $25,600.00 $1,720.00 $27,520.00 $1,850.00 $29,600.00 $1,716.00 $27,456.00
92 Water Main, Valve and Box, 12 inch 2 Ea $2,600.00 $5,200.00 $2,740.00 $5,480.00 $2,850.00 $5,700.00 $2,792.00 $5,584.00
93 Water Main, Valve and Box, 16 inch 1 Ea $6,800.00 $6,800.00 $4,370.00 $4,370.00 $9,000.00 $9,000.00 $4,068.00 $4,068.00
94 Water Main, Cut and Cap, 6 inch 1 Ea $500.00 $500.00 $480.00 $480.00 $1,000.00 $1,000.00 $461.00 $461.00
95 Water Main, Cut and Cap, 8 inch 1 Ea $600.00 $600.00 $520.00 $520.00 $1,250.00 $1,250.00 $505.00 $505.00
96 Water Main, Cap, 8 inch 4 Ea $150.00 $600.00 $380.00 $1,520.00 $500.00 $2,000.00 $213.00 $852.00
97 Valve Box, Adjust 3 Ea $485.00 $1,455.00 $370.00 $1,110.00 $325.00 $975.00 $340.00 $1,020.00
98 Hydrant, Rem 19 Ea $150.00 $2,850.00 $400.00 $7,600.00 $500.00 $9,500.00 $556.00 $10,564.00
99 Hydrant 9 Ea $3,200.00 $28,800.00 $2,920.00 $26,280.00 $3,850.00 $34,650.00 $3,008.00 $27,072.00
100 Water Main, Abandon 8,250 Ft $2.50 $20,625.00 $3.00 $24,750.00 $1.00 $8,250.00 $3.90 $32,175.00
101 Water Main, Rem 660 Ft $5.00 $3,300.00 $8.00 $5,280.00 $8.00 $5,280.00 $11.00 $7,260.00
102 Water Service, Corporation Stop, 1 inch 84 Ea $250.00 $21,000.00 $510.00 $42,840.00 $1,250.00 $105,000.00 $398.00 $33,432.00
103 Water Service, Corporation Stop, 2 inch 4 Ea $775.00 $3,100.00 $890.00 $3,560.00 $1,500.00 $6,000.00 $714.00 $2,856.00
104 Water Service, Curb Stop and Box, 1 inch 74 Ea $300.00 $22,200.00 $965.00 $71,410.00 $1,250.00 $92,500.00 $740.00 $54,760.00
page 7 of 18 \\grfileserver\shared\2019\2190730 City of Muskegon\CDS\bid tab 2020-07-30 Peck St.xlsx
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 1st 2nd 3rd 4th
City of Muskegon
Project Title: Kamminga&Roodvoets Wadel Stabilization, Inc Hallack Contracting Diversco Construction
Wastewater and Water System Improvements, Peck Street: Laketon to Merrill 3435 Broadmoor Ave SE 2500 N Oceana Dr 4223 W Polk Rd 570 Market Ave SW
Bid Date & Time: Project #: Grand Rapids, MI 49512 Hart, MI 49420 Hart, MI 49420 Grand Rapids, MI 49503
July 30, 2020 at 2:00 PM 2190730
Item No. Description Quantity Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount
105 Water Service, Curb Stop and Box, 2 inch 4 Ea $800.00 $3,200.00 $1,225.00 $4,900.00 $1,500.00 $6,000.00 $1,088.00 $4,352.00
106 Water Service, 1 inch 4,820 Ft $35.00 $168,700.00 $21.00 $101,220.00 $25.00 $120,500.00 $29.50 $142,190.00
107 Water Service, 2 inch 195 Ft $88.00 $17,160.00 $49.00 $9,555.00 $35.00 $6,825.00 $43.00 $8,385.00
108 Water Service, Meter Pit 10 Ea $1,000.00 $10,000.00 $915.00 $9,150.00 $550.00 $5,500.00 $1,111.00 $11,110.00
109 Water Service Restoration, Private 72 Ea $50.00 $3,600.00 $285.00 $20,520.00 $25.00 $1,800.00 $314.00 $22,608.00
SRF/DWRF Eligible Subtotal: $3,408,766.41 * $3,519,580.75 $3,689,349.00 * $4,064,391.75 *
SRF/DWRF Ineligible
110 Park Irrigation System 1 Lsum $3,750.00 $3,750.00 $4,650.00 $4,650.00 $15,000.00 $15,000.00 $10,000.00 $10,000.00
111 Tree, Rem, 19 inch to 36 inch 2 Ea $1,150.00 $2,300.00 $1,150.00 $2,300.00 $1,250.00 $2,500.00 $1,750.00 $3,500.00
112 Sidewalk, Rem 500 Syd $5.00 $2,500.00 $5.80 $2,900.00 $5.00 $2,500.00 $4.25 $2,125.00
113 Sidewalk, Conc, 4 inch 3,650 Sft $3.00 $10,950.00 $2.80 $10,220.00 $4.50 $16,425.00 $2.80 $10,220.00
114 Sidewalk, Conc, 6 inch 770 Sft $4.25 $3,272.50 $3.20 $2,464.00 $5.50 $4,235.00 $3.20 $2,464.00
115 Sewer, Cl E, 10 inch, Tr Det B 10 Ft $45.00 $450.00 $52.00 $520.00 $40.00 $400.00 $60.00 $600.00
116 Sewer, Cl E, 12 inch, Tr Det B 316 Ft $50.00 $15,800.00 $52.00 $16,432.00 $45.00 $14,220.00 $50.10 $15,831.60
117 Sewer, Connect to Ex. 8" 1 Ea $575.00 $575.00 $250.00 $250.00 $750.00 $750.00 $300.00 $300.00
page 8 of 18 \\grfileserver\shared\2019\2190730 City of Muskegon\CDS\bid tab 2020-07-30 Peck St.xlsx
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 1st 2nd 3rd 4th
City of Muskegon
Project Title: Kamminga&Roodvoets Wadel Stabilization, Inc Hallack Contracting Diversco Construction
Wastewater and Water System Improvements, Peck Street: Laketon to Merrill 3435 Broadmoor Ave SE 2500 N Oceana Dr 4223 W Polk Rd 570 Market Ave SW
Bid Date & Time: Project #: Grand Rapids, MI 49512 Hart, MI 49420 Hart, MI 49420 Grand Rapids, MI 49503
July 30, 2020 at 2:00 PM 2190730
Item No. Description Quantity Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount
118 Sewer, Connect to Ex. 10" 2 Ea $600.00 $1,200.00 $290.00 $580.00 $900.00 $1,800.00 $355.00 $710.00
119 Sewer, Connect to Ex. 12" 2 Ea $650.00 $1,300.00 $330.00 $660.00 $1,000.00 $2,000.00 $520.00 $1,040.00
120 Dr Structure, 24 inch dia 12 Ea $1,000.00 $12,000.00 $1,410.00 $16,920.00 $1,850.00 $22,200.00 $932.00 $11,184.00
121 Dr Structure, 48 inch dia 2 Ea $1,700.00 $3,400.00 $1,990.00 $3,980.00 $2,500.00 $5,000.00 $1,596.00 $3,192.00
122 Dr Structure, Tap, 8 inch 1 Ea $900.00 $900.00 $423.00 $423.00 $385.00 $385.00 $580.00 $580.00
123 Dr Structure Cover, Type B 2 Ea $800.00 $1,600.00 $375.00 $750.00 $985.00 $1,970.00 $500.00 $1,000.00
124 Dr Structure Cover, Type K 13 Ea $975.00 $12,675.00 $525.00 $6,825.00 $1,250.00 $16,250.00 $650.00 $8,450.00
SRF/DWRF Ineligible Subtotal: $72,672.50 $69,874.00 $105,635.00 * $71,196.60
Total Bid $3,481,438.91 * $3,589,454.75 $3,794,984.00 * $4,135,588.35 *
* Denotes correction made by Engineer
page 9 of 18 \\grfileserver\shared\2019\2190730 City of Muskegon\CDS\bid tab 2020-07-30 Peck St.xlsx
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 5th
City of Muskegon
Project Title: Dunigan Bros, Inc
Wastewater and Water System Improvements, Peck Street: Laketon to Merrill 911 E South St
Bid Date & Time: Project #: Jackson, MI 49203
July 30, 2020 at 2:00 PM 2190730
Item No. Description Quantity Unit Unit Price Total Amount
SRF/DWRF Eligible
1 Mobilization, Max, 10% 1 Lsum $279,760.00 $279,760.00
2 Traffic Control 1 Lsum $36,150.00 $36,150.00
3 Minor Traf Devices 1 Lsum $14,410.00 $14,410.00
4 Tree, Rem, 6 inch to 18 inch 13 Ea $470.00 $6,110.00
5 Tree, Rem, 19 inch to 36 inch 8 Ea $1,370.00 $10,960.00
6 Dr Structure, Rem 73 Ea $436.00 $31,828.00
7 Sewer Rem, Less than 24 inch 1,545 Ft $17.50 $27,037.50
8 Sewer Rem, 24 inch and Greater 240 Ft $23.40 $5,616.00
9 Sewer, Abandon, Less than 20 inch 620 Ft $14.40 $8,928.00
10 Sewer, Abandon, 20 inch and Greater 90 Ft $41.40 $3,726.00
11 Curb and Gutter Rem 8,900 Ft $5.20 $46,280.00
12 Pavt, Rem 23,660 Syd $5.80 $137,228.00
13 HMA Surface, Rem 22,500 Syd $4.60 $103,500.00
14 Sidewalk, Rem 2,560 Syd $5.20 $13,312.00
page 10 of 18 \\grfileserver\shared\2019\2190730 City of Muskegon\CDS\bid tab 2020-07-30 Peck St.xlsx
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 5th
City of Muskegon
Project Title: Dunigan Bros, Inc
Wastewater and Water System Improvements, Peck Street: Laketon to Merrill 911 E South St
Bid Date & Time: Project #: Jackson, MI 49203
July 30, 2020 at 2:00 PM 2190730
Item No. Description Quantity Unit Unit Price Total Amount
15 Irrigation Repair Allowance 1 Lsum $15,000.00 $15,000.00
16 Erosion Control, Inlet Protection, Fabric Drop 39 Ea $105.50 $4,114.50
17 Machine Grading, Modified 39.6 Sta $4,180.00 $165,528.00
18 Aggregate Base, 9 inch, Modified 19,510 Syd $15.20 $296,552.00
19 HMA, 5E1 2,250 Ton $85.10 $191,475.00
20 HMA, 4E3 2,250 Ton $89.30 $200,925.00
21 HMA, 3E3 2,250 Ton $92.00 $207,000.00
22 Driveway, Nonreinf Conc, 6 inch 880 Syd $31.00 $27,280.00
23 Curb and Gutter, Conc. Det F4 8,640 Ft $12.50 $108,000.00
24 Sidewalk, Conc, 4 inch 18,330 Sft $2.90 $53,157.00
25 Sidewalk, Conc, 6 inch 1,070 Sft $3.60 $3,852.00
26 Sidewalk Ramp, Conc, 6 inch 3,590 Sft $4.50 $16,155.00
27 Detectable Warning Surface 375 Ft $35.50 $13,312.50
28 Turf Restoration 39.6 Sta $2,480.00 $98,208.00
29 Pavt Mrkg, Polyurea, Lt Turn Arrow Sym 1 Ea $232.50 $232.50
page 11 of 18 \\grfileserver\shared\2019\2190730 City of Muskegon\CDS\bid tab 2020-07-30 Peck St.xlsx
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 5th
City of Muskegon
Project Title: Dunigan Bros, Inc
Wastewater and Water System Improvements, Peck Street: Laketon to Merrill 911 E South St
Bid Date & Time: Project #: Jackson, MI 49203
July 30, 2020 at 2:00 PM 2190730
Item No. Description Quantity Unit Unit Price Total Amount
30 Pavt Mrkg, Polyurea, Thru & Rt Turn Arrow Sym 1 Ea $270.00 $270.00
31 Pavt Mrkg, Polyurea, 4 inch, Yellow 6,650 Ft $1.20 $7,980.00
32 Pavt Mrkg, Polyurea, 4 inch, White 6,050 Ft $1.20 $7,260.00
33 Pavt Mrkg, Polyurea, 6 inch, White 75 Ft $1.20 $90.00
34 Pavt Mrkg, Polyurea, 6 inch Crosswalk, White 285 Ft $3.70 $1,054.50
35 Pavt Mrkg, Polyurea, 12 inch Crosswalk, White 1,220 Ft $7.50 $9,150.00
36 Pavt Mrkg, Polyurea, 18 inch, Stop Bar, White 1,225 Ft $9.40 $11,515.00
37 Sign Type IIIB 17.25 Sft $27.70 $477.83
38 Post, Steel 3 LB 45 Ft $11.10 $499.50
39 Sanitary Sewer, 8", Tr Det B 4,362 Ft $176.00 $767,712.00
40 Sanitary Sewer, 10", Tr Det B 128 Ft $116.00 $14,848.00
41 Sanitary Manhole, 48 inch Dia 13 Ea $4,530.00 $58,890.00
42 Sanitary Drop Manhole, 48 inch Dia 6 Ea $7,380.00 $44,280.00
43 Sanitary Sewer, Wye, 8 inch x 6 inch 76 Ea $150.50 $11,438.00
44 Sanitary Lateral, 6 inch 2,550 Ft $67.60 $172,380.00
page 12 of 18 \\grfileserver\shared\2019\2190730 City of Muskegon\CDS\bid tab 2020-07-30 Peck St.xlsx
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 5th
City of Muskegon
Project Title: Dunigan Bros, Inc
Wastewater and Water System Improvements, Peck Street: Laketon to Merrill 911 E South St
Bid Date & Time: Project #: Jackson, MI 49203
July 30, 2020 at 2:00 PM 2190730
Item No. Description Quantity Unit Unit Price Total Amount
45 Sanitary Lateral, 6 inch, Pipe Burst 266 Ft $390.00 $103,740.00
46 Sanitary Lateral, Connect to Ex. 79 Ea $110.00 $8,690.00
47 Sanitary Sewer, Connect to Ex. 8" 9 Ea $413.00 $3,717.00
48 Sanitary Sewer, Connect to Ex. 10" 2 Ea $457.00 $914.00
49 Sanitary Sewer, Plug, 8 inch 1 Ea $147.00 $147.00
50 Sanitary Sewer, Bulkhead, 20 inch 1 Ea $875.00 $875.00
51 Sanitary Sewer, CCTV 4,490 Ft $1.20 $5,388.00
52 Sewer, Cl E, 12 inch, Tr Det B 1,258 Ft $101.50 $127,687.00
53 Sewer, Cl E, 15 inch, Tr Det B 35 Ft $116.00 $4,060.00
54 Sewer, Cl E, 18 inch, Tr Det B 35 Ft $121.00 $4,235.00
55 Sewer, Cl E, 24 inch, Tr Det B 223 Ft $135.50 $30,216.50
56 Sewer, Connect to Ex. 12" 4 Ea $525.00 $2,100.00
57 Sewer, Connect to Ex. 15" 4 Ea $579.00 $2,316.00
58 Sewer, Connect to Ex. 18" 6 Ea $698.00 $4,188.00
59 Sewer, Connect to Ex. 24" 3 Ea $873.00 $2,619.00
page 13 of 18 \\grfileserver\shared\2019\2190730 City of Muskegon\CDS\bid tab 2020-07-30 Peck St.xlsx
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 5th
City of Muskegon
Project Title: Dunigan Bros, Inc
Wastewater and Water System Improvements, Peck Street: Laketon to Merrill 911 E South St
Bid Date & Time: Project #: Jackson, MI 49203
July 30, 2020 at 2:00 PM 2190730
Item No. Description Quantity Unit Unit Price Total Amount
60 Sewer, Bulkhead, 18" 1 Ea $215.00 $215.00
61 Dr Structure, 24 inch dia 20 Ea $1,850.00 $37,000.00
62 Dr Structure, 48 inch dia 21 Ea $2,500.00 $52,500.00
63 Dr Structure, 60 inch dia 1 Ea $4,410.00 $4,410.00
64 Rebuild Dr Structure, 60 inch dia 1 Ea $4,410.00 $4,410.00
65 Dr Structure Cover, Type B 17 Ea $825.00 $14,025.00
66 Dr Structure Cover, Type K 25 Ea $978.00 $24,450.00
67 Dr Structure Cover Adj, Case 1 5 Ea $461.00 $2,305.00
68 Water Main, DI, 4 inch, Tr Det G 10 Ft $120.00 $1,200.00
69 Water Main, DI, 6 inch, Tr Det G 348 Ft $90.30 $31,424.40
70 Water Main, DI, 8 inch, Tr Det G 4,075 Ft $92.10 $375,307.50
71 Water Main, DI, 12 inch, Tr Det G 54 Ft $122.50 $6,615.00
72 Water Main, DI, 16 inch, Tr Det G 60 Ft $123.50 $7,410.00
73 Water Main, Bend, 22.5 Degree, 8 inch 2 Ea $252.50 $505.00
74 Water Main, Bend, 45 Degree, 6 inch 4 Ea $188.00 $752.00
page 14 of 18 \\grfileserver\shared\2019\2190730 City of Muskegon\CDS\bid tab 2020-07-30 Peck St.xlsx
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 5th
City of Muskegon
Project Title: Dunigan Bros, Inc
Wastewater and Water System Improvements, Peck Street: Laketon to Merrill 911 E South St
Bid Date & Time: Project #: Jackson, MI 49203
July 30, 2020 at 2:00 PM 2190730
Item No. Description Quantity Unit Unit Price Total Amount
75 Water Main, Bend, 45 Degree, 8 inch 10 Ea $252.50 $2,525.00
76 Water Main, Reducer, 10 inch x 8 inch 1 Ea $276.00 $276.00
77 Water Main, Reducer, 8 inch x 6 inch 1 Ea $218.00 $218.00
78 Water Main, Sleeve, 4 inch 1 Ea $3,280.00 $3,280.00
79 Water Main, Sleeve, 6 inch 6 Ea $3,360.00 $20,160.00
80 Water Main, Sleeve, 8 inch 5 Ea $3,490.00 $17,450.00
81 Water Main, Sleeve, 10 inch 1 Ea $3,610.00 $3,610.00
82 Water Main, Sleeve, 12 inch 2 Ea $4,350.00 $8,700.00
83 Water Main, Sleeve, 16 inch 2 Ea $6,290.00 $12,580.00
84 Water Main, Tee, 8 inch x 8 inch x 4 inch 1 Ea $335.00 $335.00
85 Water Main, Tee, 8 inch x 8 inch x 6 inch 14 Ea $376.00 $5,264.00
86 Water Main, Tee, 8 inch x 8 inch x 8 inch 3 Ea $430.00 $1,290.00
87 Water Main, Cross, 12 inch x 12 inch x 8 inch x 8 inch 1 Ea $852.00 $852.00
88 Water Main, Cross, 16 inch x 16inch x 8 inch x 8 inch 1 Ea $1,670.00 $1,670.00
89 Water Main, Valve and Box, 4 inch 1 Ea $805.00 $805.00
page 15 of 18 \\grfileserver\shared\2019\2190730 City of Muskegon\CDS\bid tab 2020-07-30 Peck St.xlsx
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 5th
City of Muskegon
Project Title: Dunigan Bros, Inc
Wastewater and Water System Improvements, Peck Street: Laketon to Merrill 911 E South St
Bid Date & Time: Project #: Jackson, MI 49203
July 30, 2020 at 2:00 PM 2190730
Item No. Description Quantity Unit Unit Price Total Amount
90 Water Main, Valve and Box, 6 inch 14 Ea $963.00 $13,482.00
91 Water Main, Valve and Box, 8 inch 16 Ea $1,380.00 $22,080.00
92 Water Main, Valve and Box, 12 inch 2 Ea $2,530.00 $5,060.00
93 Water Main, Valve and Box, 16 inch 1 Ea $7,640.00 $7,640.00
94 Water Main, Cut and Cap, 6 inch 1 Ea $273.00 $273.00
95 Water Main, Cut and Cap, 8 inch 1 Ea $314.00 $314.00
96 Water Main, Cap, 8 inch 4 Ea $230.50 $922.00
97 Valve Box, Adjust 3 Ea $353.00 $1,059.00
98 Hydrant, Rem 19 Ea $357.00 $6,783.00
99 Hydrant 9 Ea $4,430.00 $39,870.00
100 Water Main, Abandon 8,250 Ft $8.10 $66,825.00
101 Water Main, Rem 660 Ft $17.50 $11,550.00
102 Water Service, Corporation Stop, 1 inch 84 Ea $574.00 $48,216.00
103 Water Service, Corporation Stop, 2 inch 4 Ea $1,010.00 $4,040.00
104 Water Service, Curb Stop and Box, 1 inch 74 Ea $1,100.00 $81,400.00
page 16 of 18 \\grfileserver\shared\2019\2190730 City of Muskegon\CDS\bid tab 2020-07-30 Peck St.xlsx
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 5th
City of Muskegon
Project Title: Dunigan Bros, Inc
Wastewater and Water System Improvements, Peck Street: Laketon to Merrill 911 E South St
Bid Date & Time: Project #: Jackson, MI 49203
July 30, 2020 at 2:00 PM 2190730
Item No. Description Quantity Unit Unit Price Total Amount
105 Water Service, Curb Stop and Box, 2 inch 4 Ea $1,390.00 $5,560.00
106 Water Service, 1 inch 4,820 Ft $23.80 $114,716.00
107 Water Service, 2 inch 195 Ft $55.30 $10,783.50
108 Water Service, Meter Pit 10 Ea $1,040.00 $10,400.00
109 Water Service Restoration, Private 72 Ea $700.00 $50,400.00
SRF/DWRF Eligible Subtotal: $4,677,291.73
SRF/DWRF Ineligible
110 Park Irrigation System 1 Lsum $55,410.00 $55,410.00
111 Tree, Rem, 19 inch to 36 inch 2 Ea $1,370.00 $2,740.00
112 Sidewalk, Rem 500 Syd $5.20 $2,600.00
113 Sidewalk, Conc, 4 inch 3,650 Sft $3.20 $11,680.00
114 Sidewalk, Conc, 6 inch 770 Sft $3.60 $2,772.00
115 Sewer, Cl E, 10 inch, Tr Det B 10 Ft $98.40 $984.00
116 Sewer, Cl E, 12 inch, Tr Det B 316 Ft $90.80 $28,692.80
117 Sewer, Connect to Ex. 8" 1 Ea $525.00 $525.00
page 17 of 18 \\grfileserver\shared\2019\2190730 City of Muskegon\CDS\bid tab 2020-07-30 Peck St.xlsx
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 5th
City of Muskegon
Project Title: Dunigan Bros, Inc
Wastewater and Water System Improvements, Peck Street: Laketon to Merrill 911 E South St
Bid Date & Time: Project #: Jackson, MI 49203
July 30, 2020 at 2:00 PM 2190730
Item No. Description Quantity Unit Unit Price Total Amount
118 Sewer, Connect to Ex. 10" 2 Ea $525.00 $1,050.00
119 Sewer, Connect to Ex. 12" 2 Ea $700.00 $1,400.00
120 Dr Structure, 24 inch dia 12 Ea $1,850.00 $22,200.00
121 Dr Structure, 48 inch dia 2 Ea $2,500.00 $5,000.00
122 Dr Structure, Tap, 8 inch 1 Ea $440.50 $440.50
123 Dr Structure Cover, Type B 2 Ea $820.00 $1,640.00
124 Dr Structure Cover, Type K 13 Ea $978.00 $12,714.00
SRF/DWRF Ineligible Subtotal: $149,848.30
Total Bid $4,827,140.03
* Denotes correction made by Engineer
page 18 of 18 \\grfileserver\shared\2019\2190730 City of Muskegon\CDS\bid tab 2020-07-30 Peck St.xlsx
July 31, 2020
2190730
Mr. Leo Evans, P.E.
City of Muskegon
Department of Public Works
1350 Keating Avenue
Muskegon, MI 49442
RE: SRF/DWRF FY 2020 Projects
Peck Street: Laketon to Merrill
Dear Mr. Evans:
On Thursday, July 30th, the City received bids for the referenced project. Five bids were received
with prices from $3,481,438.91 to $4,827,140.03. Kamminga and Roodvoets of Grand Rapids, MI
submitted the lowest bid at $3,481,438.91. A tabulation of the bids is enclosed for reference.
This project is being financed through both the State Revolving Fund (SRF) and the Drinking Water
Revolving Fund (DWRF) with the city funding certain ineligible costs. Due to the overlap of the
various scopes of work, the State has required an Alternative Justifiable Expenditures calculation to
be completed to determine the financing share for each program, this breakdown is as follows:
SRF Eligible $1,961,850.57
DWRF Eligible $1,446,915.84
Ineligible Costs $72,672.50
We discussed the project with Kamminga and Roodvoets. They indicated a good understanding of
the project’s critical elements such as phasing, schedule, and criticality of the infrastructure being
worked on. Work will begin in the spring of 2020. They did not express any concerns with
completing the project successfully and on time.
Kamminga and Roodvoets has successfully completed projects of similar size and scope with
Prein&Newhof and the City of Muskegon in the past.
If you have any questions, please do not hesitate to ask.
Sincerely,
Prein&Newhof
Matthew R. Hulst, P.E.
Enclosures: Bid Tabulation Sheets
4910 Stariha Drive Muskegon, MI 49441 t. 231-798-0101 f. 231-798-0337 www.preinnewhof.com
A RESOLUTION TO TENTATIVELY AWARD
A CONSTRUCTION CONTRACT
FOR WASTEWATER AND WATER SYSTEM IMPROVEMENTS
WHEREAS, the City of Muskegon wishes to construct improvements to its existing wastewater
treatment and collection system and its existing water treatment and distribution system; and
WHEREAS, the wastewater system improvements project formally adopted on June 26, 2018 will be
funded through Michigan’s State Revolving Loan Fund (SRF) program; and
WHEREAS, the water system improvements project formally adopted on April 23, 2019 will be funded
through the state of Michigan’s Drinking Water Revolving Loan Fund (DWRF) program; and
WHEREAS, the City of Muskegon has sought and received construction bids for the Peck Street:
Laketon to Merrill Project and has received a low bid in the amount of $3,481,438.91 from Kamminga
and Roodvoets of Grand Rapids, MI; and
WHEREAS, the City of Muskegon’s project engineer, Prein&Newhof, has recommended awarding the
contract to the low bidder.
NOW THEREFORE BE IT RESOLVED, that the City of Muskegon tentatively awards the contract
for construction of the proposed wastewater system and water system improvements project to Kamminga
and Roodvoets of Grand Rapids, MI, contingent upon successful financial arrangements with the SRF and
DWRF Programs.
Yeas:
Nays:
Abstain:
Absent:
I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on
August 11, 2020.
BY: Ann Meisch, City Clerk
______________________________________________________________________________
Signature Date
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 11, 2020 Title: Water Supply System Bonds
Submitted By: Kenneth D. Grant Department: Finance
Brief Summary: Ordinance Authorizing the issuance of Water Supply System Junior Lien Revenue Bonds
Detailed Summary:
To authorize the issuance of Water Supply System Bonds in an amount not to exceed $4,800,000. The
Bonds are expected to be sold to the Michigan Finance Authority and payable in 20 annual principal
installments at an interest rate of 2%. Scheduled closing is September 30th.
Estimated Principal Forgiveness is $380,000.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the Ordinance authorizing the issuance of Water Supply System
Revenue Bonds.
For City Clerk Use Only:
Commission Action:
MICHIGAN: Ann Arbor
Founded in 1852
Detroit • Grand Rapids
by Sidney Davy Miller
LLER Kalamazoo• Lansing• Troy
D.C.: Washington
IELD
Miller, Canfield, Paddock and Stone, P.L.c.
Il.LINOIS: Chicago
NEW YORK: New York
01-no: Cincinnati• Cleveland
P ATRICK F. McGow
TEL (313) 496-7684 150 West Jefferson, Suite 2500 CANADA: Windsor
FAX(313)496-8450 Detroit, Michigan 48226 CHINA : Shanghai
E-MAIL mqow@mWercanfleld.com
TEL (313) 963-6420 MEXICO: Monterrey
FAX (313) 496-7500 POLAND: Gdynia
www .millercanfield.com Warsaw• Wroclaw
August 5, 2020
Ms. Elizabeth Lewis
Finance Director
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon MI 49443-0536
Re: City of Muskegon
Sanitary Sewer System Junior Lien Revenue Bonds, Series 2020 (SRF Project)
Water Supply System Junior Lien Revenue Bonds, Series 2020 (DWRF Project)
Dear Beth:
As we discussed, I have enclosed an Ordinance authorizing the issuance of the above-
captioned Sanitary Sewer System Revenue Bonds and an Ordinance authorizing the issuance of
the above-captioned Water Supply System Revenue Bonds to be considered for approval by the
City Commission at its meeting on August 11th. The Sewer Bonds and the Water Bonds are to
be sold through the Michigan Finance Authority's ("MFA") 4th Quarter State Revolving Fund
Program and Drinking Water Revolving Fund Program, respectively, scheduled to close on
September 30th.
Sewer Bonds
The Sewer Bond Ordinance authorizes the issuance of the Bonds in an amount not to
exceed $5,400,000 for the sewer projects although the current estimated sizing is around
$4,750,000. The Ordinance provides flexibility for the actual size of the Bond issue to be
reduced prior to closing based on the actual construction bids and final approved costs. In
addition, the City will receive principal forgiveness for this project which will reduce the amount
that needs to be paid back to the MF A.
The Sewer Bond Ordinance authorizes the issuance of the Series 2020 Bonds, which are
payable from the Net Revenues of the City's Sanitary Sewer System. The Bonds are expected to
be sold to the MF A and payable in 20 annual principal installments at an interest rate of 2.00%.
The Bonds are being issued as junior lien bonds which are of equal standing with the Series 2019
Bonds issued last year through the SRF for sewer improvements.
MILLER, CANFIELD, PADDOCK AND STONE, P.LC.
Ms. Elizabeth Lewis -2- August 5, 2020
Water Bonds
The Water Bond Ordinance authorizes the issuance of the Bonds in an amount not to
exceed $4,800,000 for the water projects although the current estimated sizing is around
$4,215,000. Again, the Ordinance provides flexibility for the actual size of the Bond issue to be
reduced prior to closing based on the actual construction bids and final approved costs. In
addition, the City will receive principal forgiveness for this project which will reduce the amount
that needs to be paid back to the MF A.
The Water Bond Ordinance authorizes the issuance of the Series 2020 Bonds, which are
payable from the Net Revenues of the City's Water Supply System. The Bonds are expected to
be sold to the MF A and payable in 20 annual principal installments at an interest rate of 2.00%.
The Bonds are being issued as junior lien bonds which are of equal standing with the Series 2004
and Series 2019 Bonds issued through the DWRF for water improvements.
Both Ordinances also authorizes various City officials to take the necessary actions to
execute and deliver the Bonds and all related documents, approve the final size of the Bonds and
contains the necessary items required by the Revenue Bond Act, Act 94 of 1933.
Pursuant to the Revenue Bond Act, the Ordinances may be adopted in one reading,
regardless of any contrary provision in the City's ordinance adoption procedures. Each
Ordinance is regyired to be published once in full in your local newspaper after its adoption.
There are no restrictions or requirements on the size of the publication, so it can be as small as
possible. Upon adoption by the City Commission, we would appreciate receiving three (3)
certified copies of the Ordinance and three (3) Affidavits of Publication of the Ordinance for
bond transcripts.
The Part ill application with the construction bids is due on August 10th . The Michigan
Department of Environmental Quality Order of Approval is expected to be issued on September
9th. There will be a conference call with MF A, EGLE and City officials on August 2011 which
we will participate in, to make final arrangements relating to the Bond terms. At that time, the
final bond size will be determined and we will prepare the necessary documents to be signed by
various City officials after that date regarding the sale and delivery of the Bonds. The closing for
both the Sewer Bonds and the Water Bonds will be September 30th and the City can begin
requesting draws on the Bonds after that date.
MILLER, CANFIELD, PADDOCK AND STONE, P.LC.
Ms. Elizabeth Lewis -3- August 5, 2020
If you have any questions, please do not hesitate to contact me.
Very truly yours,
Miller,
Patrick F. McGow
Enclosure
Cc: Franklin Peterson
Leo Evans
Warren Creamer
Michael McCarty
Barbara Marczak
John Schrier, Esq.
36313010. l \063684-00049
ORDINANCE NO. _____
CITY OF MUSKEGON
AN ORDINANCE TO PROVIDE FOR THE ACQUISITION,
CONSTRUCTION, INSTALLATION, FURNISHING AND EQUIPPING OF
ADDITIONS AND IMPROVEMENTS TO THE WATER SUPPLY SYSTEM
OF THE CITY; TO PROVIDE FOR THE ISSUANCE AND SALE OF JUNIOR
LIEN REVENUE BONDS TO PAY THE COST THEREOF; TO PROVIDE
FOR THE COLLECTION OF REVENUES FROM THE SYSTEM
SUFFICIENT FOR THE PURPOSE OF PAYING THE COSTS OF
OPERATION AND MAINTENANCE OF THE SYSTEM AND TO PAY THE
PRINCIPAL OF AND INTEREST ON THE BONDS AND CERTAIN
OUTSTANDING BONDS OF THE SYSTEM; TO PROVIDE FOR THE
SEGREGATION AND DISTRIBUTION OF SYSTEM REVENUES; TO
PROVIDE FOR THE RIGHTS OF THE HOLDERS OF THE BONDS IN
ENFORCEMENT THEREOF; TO PRESCRIBE THE FORM OF THE BONDS;
AND TO PROVIDE FOR OTHER MATTERS RELATING TO THE BONDS
AND THE SYSTEM.
THE CITY OF MUSKEGON ORDAINS:
Section 1. Definitions. Whenever used in this Ordinance, except when otherwise
indicated by the context, the following terms shall have the following meanings:
(a) “Act 94” means Act 94, Public Acts of Michigan, 1933, as amended.
(b) “Adjusted Net Revenues” means for any operating year the excess of
revenues over expenses for the System determined in accordance with generally accepted
accounting principles, to which shall be added depreciation, amortization, interest
expense on Bonds and payments to the City in lieu of taxes, to which may be made the
following adjustments.
(i) Revenues may be augmented by the amount of any rate increases
adopted prior to the issuance of additional Bonds or to be placed into effect before
the time principal or interest on the additional Bonds becomes payable from
Revenues as applied to quantities of service furnished during the operating year or
portion thereof that the increased rates were not in effect.
(ii) Revenues may be augmented by amounts which may be derived
from rates and charges to be paid by new customers of the System.
(c) “Authority” means the Michigan Finance Authority or its successor.
(d) “Authorized Officers” means the Mayor, the City Manager, the City Clerk
and the Finance Director of the City.
(e) “Bonds” or “Senior Lien Bonds” means any bonds or series of bonds so
designated and payable from Net Revenues, which are secured by a statutory first lien on
the Net Revenues established by this Ordinance and which are senior and superior in all
respects with respect to the Net Revenues to any Junior Lien Bonds secured by the
statutory second lien on the Net Revenues, together with any additional Bonds of equal
standing thereafter issued.
(f) “City” or “Issuer” means the City of Muskegon, County of Muskegon,
State of Michigan.
(g) “EGLE” means the means the Michigan Department of Environment,
Great Lakes, and Energy, or its successor.
(h) “Engineers” means Prein & Newhof, registered engineers of Grand
Rapids, Michigan.
(i) “Junior Lien Bonds” means the Series 2020 Bond, the Outstanding Junior
Lien Bonds any additional bonds of equal standing with the Series 2020 Bond and the
Outstanding Junior Lien Bonds which are secured by a statutory second lien on the Net
Revenues and are junior and subordinate to the Senior Lien Bonds.
(j) “Outstanding Junior Lien Bonds” means the Series 2004 Bonds and Series
2019 Bonds.
(k) “Outstanding Ordinances” means Ordinance Nos. 2117 and 2416 of the
City.
(l) “Project” means the acquisition, construction, furnishing and equipping of
improvements to the Water Supply System of the City, including distribution system
improvements, replacement of water mains and service lines, pump station and water
filtration plant improvements, together with all related appurtenances and attachments.
(m) “Purchase Contract” means the Purchase Contract to be entered into
between the Authority and the City relating to the purchase by the Authority of the Series
2020 Bond.
(n) “Revenues” and “Net Revenues” shall mean the revenues and net revenues
of the City derived from the operation of the System and shall be construed as defined in
Section 3 of Act 94, including with respect to “Revenues,” the earnings derived from the
investment of moneys in the various funds and accounts established by the Outstanding
Ordinances and this Ordinance.
(o) “Series 2004 Bond” means the Water Supply System Junior Lien Revenue
Bond (Limited Tax General Obligation), Series 2004, dated March 25, 2004, in the
outstanding principal amount of Four Million Eight Hundred Thousand Dollars
($4,800,000).
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(p) “Series 2019 Bond” means the Water Supply System Junior Lien Revenue
Bond, Series 2019, dated August 28, 2019, in the outstanding principal amount of One
Million Six Hundred Thousand Dollars ($1,600,000).
(q) “Series 2020 Bond” means the Water Supply System Junior Lien Revenue
Bond, Series 2020, of the City in the principal amount of not to exceed Four Million
Eight Hundred Thousand Dollars ($4,800,000) authorized by this Ordinance.
(r) “Sufficient Government Obligations” means direct obligations of the
United States of America or obligations the principal and interest on which is fully
guaranteed by the United States of America, not redeemable at the option of the issuer,
the principal and interest payments upon which without reinvestment of the interest,
come due at such times and in such amounts as to be fully sufficient to pay the interest as
it comes due on the Bonds or Junior Lien Bonds and the principal and redemption
premium, if any, on the Bonds or Junior Lien Bonds as it comes due whether on the
stated maturity date or upon earlier redemption. Securities representing such obligations
shall be placed in trust with a bank or trust company, and if any of the Bonds or Junior
Lien Bonds are to be called for redemption prior to maturity, irrevocable instructions to
call the Bonds for redemption shall be given to the paying agent.
(s) “Supplemental Agreement” means the supplemental agreement among the
City, the Authority and the EGLE relating to the Series 2020 Bond.
(t) “System” means the Water Supply System of the City, including the
Project and all additions, extensions and improvements hereafter acquired.
Section 2. Necessity; Approval of Plans and Specifications. It is hereby determined to
be a necessary public purpose of the City to acquire and construct the Project in accordance with
the plans and specifications prepared by the Engineers, which plans and specifications are hereby
approved. The Project qualifies for the Drinking Water Revolving Fund financing program being
administered by the EGLE and the Authority, whereby bonds of the City are sold to the
Authority and bear interest at a fixed rate of not to exceed two percent (2.00%) per annum.
Section 3. Costs; Useful Life. The cost of the Project is estimated to be an amount not to
exceed Four Million Eight Hundred Thousand Dollars ($4,800,000), including the payment of
incidental expenses as specified in Section 4 of this Ordinance, which estimate of cost is hereby
approved and confirmed. The period of usefulness of the Project is estimated to be not less than
twenty-five (25) years.
Section 4. Payment of Cost; Bonds Authorized. To pay part of the cost of acquiring the
Project, legal, engineering, financial and other expenses incident thereto and incident to the
issuance and sale of the Series 2020 Bond, the City shall borrow the sum of not to exceed Four
Million Eight Hundred Thousand Dollars ($4,800,000), and issue the Series 2020 Bond therefor
pursuant to the provisions of Act 94. The remaining cost of the Project, if any, shall be defrayed
from grant funds and City funds on hand and legally available for such use.
Except as amended by or expressly provided to the contrary in this Ordinance, all of the
provisions of the Outstanding Ordinances shall apply to the Series 2020 Bonds issued pursuant to
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this Ordinance, the same as though each of said provisions were repeated in this Ordinance in
detail; the purpose of this Ordinance being to authorize the issuance of additional revenue bonds
of junior and subordinate standing and priority of lien to any Outstanding Senior Lien Bonds and
of equal standing and priority of lien as to the Net Revenues with the Outstanding Junior Lien
Bonds to finance the cost of acquiring additions, extensions and improvements to the System,
additional bonds of junior and subordinate standing and priority of lien as to the Outstanding
Senior Lien Bonds and of equal standing and priority of lien as to the Outstanding Junior Lien
Bonds for such purpose being authorized by the provisions of the Outstanding Ordinances, upon
the conditions therein stated, which conditions have been fully met.
Section 5. Issuance of Series 2020 Bond; Details. The Series 2020 Bond of the City, to
be designated WATER SUPPLY SYSTEM JUNIOR LIEN REVENUE BOND, SERIES 2020 is
authorized to be issued in the aggregate principal sum of not to exceed Four Million Eight
Hundred Thousand Dollars ($4,800,000) or such lesser amount as finally determined by order of
the EGLE for the purpose of paying part of the cost of the Project, including the costs incidental
to the issuance, sale and delivery of the Series 2020 Bond. The Series 2020 Bond shall be
payable out of the Net Revenues, as set forth more fully in Section 8 hereof.
The Series 2020 Bond shall be in the form of a single fully-registered, nonconvertible
bond of the denomination of the full principal amount thereof, dated as of the date of delivery,
payable in principal installments as finally determined by the order of the EGLE at the time of
sale of the Series 2020 Bond and approved by the Authority and an Authorized Officer.
Principal installments of the Series 2020 Bond shall be payable on October 1 of the years 2021
through 2040, inclusive, or such other payment dates as hereinafter provided. Interest on the
Series 2020 Bond shall be payable on April 1 and October 1 of each year, commencing April 1,
2021 or on such other interest payment dates as hereinafter provided. Final determination of the
principal amount of and interest on the Series 2020 Bond and the payment dates and amounts of
principal installments of the Series 2020 Bond shall be evidenced by execution of the Purchase
Contract and each of the Authorized Officers is authorized and directed to execute and deliver
the Purchase Contract when in final form and to make the determinations set forth above;
provided, however, that the first principal installment shall be due no earlier than April 1, 2021
and the final principal installment shall be due no later than October 1, 2042 and that the total
principal amount shall not exceed $4,800,000.
The Series 2020 Bond shall bear interest at a rate of not to exceed two percent (2.00%)
per annum on the par value thereof or such other rate as evidenced by execution of the Purchase
Contract, but in any event not to exceed the rate permitted by law, and any Authorized Officers
as shall be appropriate shall deliver the Series 2020 Bond in accordance with the delivery
instructions of the Authority.
The principal amount of the Series 2020 Bond is expected to be drawn down by the City
periodically, and interest on principal amount shall accrue from the date such principal amount is
drawn down by the City.
The Series 2020 Bond shall not be convertible or exchangeable into more than one fully-
registered bond. Principal of and interest on the Series 2020 Bond shall be payable as provided
in the Series 2020 Bond form in this Ordinance.
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The Series 2020 Bond shall be subject to optional redemption by the City with the prior
written approval of the Authority and on such terms as may be required by the Authority.
The Treasurer shall record on the registration books payment by the City of each
installment of principal or interest or both when made and the cancelled checks or other records
evidencing such payments shall be returned to and retained by the Treasurer.
Upon payment by the City of all outstanding principal of and interest on the Series 2020
Bond, the Authority shall deliver the Series 2020 Bond to the City for cancellation.
Section 6. Execution of Series 2020 Bond. The Series 2020 Bond shall be signed by the
manual or facsimile signature of the Mayor and countersigned by the manual or facsimile
signature of the City Clerk and shall have the corporate seal of the City or facsimile thereof
impressed thereon. The Series 2020 Bond bearing the manual or facsimile signatures of the
Mayor and the City Clerk sold to the Authority shall require no further authentication.
Section 7. Registration and Transfer. Any Bond or Junior Lien Bond may be transferred
upon the books required to be kept pursuant to this section by the person in whose name it is
registered, in person or by the registered owner’s duly authorized attorney, upon surrender of the
Bond or Junior Lien Bond for cancellation, accompanied by delivery of a duly executed written
instrument of transfer in a form approved by the transfer agent. Whenever any Bond or Junior
Lien Bond shall be surrendered for transfer, the City shall execute and the transfer agent shall
authenticate and deliver a new Bond or Junior Lien Bond, for like aggregate principal amount.
The transfer agent shall require payment by the bondholder requesting the transfer of any tax or
other governmental charge required to be paid with respect to the transfer. The City shall not be
required (i) to issue, register the transfer of or exchange any Bond or Junior Lien Bond during a
period beginning at the opening of business 15 days before the day of the giving of a notice of
redemption of Bonds selected for redemption as described in the form of Series 2020 Bond
contained in Section 18 of this Ordinance and ending at the close of business on the day of that
giving of notice, or (ii) to register the transfer of or exchange any Bond or Junior Lien Bond so
selected for redemption in whole or in part, except the unredeemed portion of Bonds or Junior
Lien Bonds being redeemed in part. The City shall give the transfer agent notice of call for
redemption at least 20 days prior to the date notice of redemption is to be given.
The transfer agent shall keep or cause to be kept at its principal office sufficient books for
the registration and transfer of the Bonds or Junior Lien Bond, which shall at all times be open to
inspection by the City; and upon presentation for such purpose the transfer agent shall under
such reasonable regulations as it may prescribe transfer or cause to be transferred on said books
Bonds or Junior Lien Bond as hereinbefore provided.
If any Bond or Junior Lien Bond shall become mutilated, the City, at the expense of the
holder of the Bond, shall execute, and the transfer agent shall authenticate and deliver, a new
Bond or Junior Lien Bond of like tenor in exchange and substitution for the mutilated Bond or
Junior Lien Bond, upon surrender to the transfer agent of the mutilated Bond or Junior Lien
Bond. If any Bond or Junior Lien Bond issued under this Ordinance shall be lost, destroyed or
stolen, evidence of the loss, destruction or theft may be submitted to the transfer agent and, if this
evidence is satisfactory to both and indemnity satisfactory to the transfer agent shall be given,
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and if all requirements of any applicable law including Act 354, Public Acts of Michigan, 1972,
as amended (“Act 354”), being sections 129.131 to 129.135, inclusive, of the Michigan
Compiled Laws have been met, the City, at the expense of the owner, shall execute, and the
transfer agent shall thereupon authenticate and deliver, a new Bond or Junior Lien Bond of like
tenor and bearing the statement required by Act 354, or any applicable law hereafter enacted, in
lieu of and in substitution for the Bond or Junior Lien Bond so lost, destroyed or stolen. If any
such Bond or Junior Lien Bond shall have matured or shall be about to mature, instead of issuing
a substitute Bond or Junior Lien Bond the transfer agent may pay the same without surrender
thereof.
Section 8. Payment of Series 2020 Bond; Security; Priority of Lien. Principal of and
interest on the Series 2020 Bond shall be payable solely from the Net Revenues, and to secure
such payment, there is hereby recognized the statutory lien upon the whole of the Net Revenues
which shall be a second lien, subject only to the statutory first lien established with respect to the
Senior Lien Bonds, to continue until payment in full of the principal of and interest on all Junior
Lien Bonds payable from the Net Revenues, or, until sufficient cash or Sufficient Government
Obligations have been deposited in trust for payment in full of all Junior Lien Bonds of a series
then outstanding, principal and interest on such Junior Lien Bonds to maturity, or, if called for
redemption, to the date fixed for redemption together with the amount of the redemption
premium, if any. The statutory lien on the Net Revenues created with respect to the Junior Lien
Bonds (including the Series 2020 Bond) shall at all times be and remain subordinate and inferior
to the pledge of Net Revenues and the statutory first lien thereon authorized to be granted to
secure any Senior Lien Bonds hereafter issued.
Upon deposit of cash or Sufficient Government Obligations, as provided in the previous
sentences, the statutory lien shall be terminated with respect to that series of Bonds or Junior
Lien Bonds, the holders of that series shall have no further rights under this Ordinance except for
payment from the deposited funds, and the Bonds or Junior Lien Bonds of that series shall no
longer be considered to be outstanding under the Outstanding Ordinance or this Ordinance.
Section 9. Bondholders’ Rights; Receiver. The holder or holders of the Bonds or Junior
Lien Bonds representing in the aggregate not less than twenty percent (20%) of the entire
principal amount thereof then outstanding, may, by suit, action, mandamus or other proceedings,
protect and enforce the statutory lien upon the Net Revenues of the System, and may, by suit,
action, mandamus or other proceedings, enforce and compel performance of all duties of the
officers of the City, including the fixing of sufficient rates, the collection of Revenues, the proper
segregation of the Revenues of the System and the proper application thereof. The statutory lien
upon the Net Revenues, however, shall not be construed as to compel the sale of the System or
any part thereof.
If there is a default in the payment of the principal of or interest on the Bonds or the
Junior Lien Bonds, any court having jurisdiction in any proper action may appoint a receiver to
administer and operate the System on behalf of the City and under the direction of the court, and
by and with the approval of the court to perform all of the duties of the officers of the City more
particularly set forth herein and in Act 94.
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The holder or holders of the Bonds and the Junior Lien Bonds shall have all other rights
and remedies given by Act 94 and law, for the payment and enforcement of the Bonds and the
Junior Lien Bonds and the security therefor.
Section 10. Management; Fiscal Year. The operation, repair and management of the
System and the acquisition and construction of the Project shall be under the supervision and
control of the City Commission. The City Commission, in accordance with the relevant
provisions of the City Charter, may employ such person or persons in such capacity or capacities
as it deems advisable to carry on the efficient management and operation of the System. The
City Commission may make such rules and regulations as it deems advisable and necessary to
assure the efficient management and operation of the System. The fiscal year of the System shall
be the fiscal year of the City.
Section 11. Rates and Charges. The rates and charges for service furnished by and the
use of the System and the methods of collection and enforcement of the collection of the rates
shall be those in effect on the date of adoption of this Ordinance.
Section 12. No Free Service or Use. No free service or use of the System, or service or
use of the System at less than cost, shall be furnished by the System to any person, firm or
corporation, public or private, or to any public agency or instrumentality, including the City.
Section 13. Fixing and Revising Rates; Rate Covenant. The rates now in effect are
estimated to be sufficient to provide for the payment of the expenses of administration and
operation and such expenses for maintenance of the System as are necessary to preserve the
System in good repair and working order, to provide for the payment of the principal of and
interest on the Bonds and the Junior Lien Bonds as the same become due and payable, and the
maintenance of the reserve therefor and to provide for all other obligations, expenditures and
funds for the System required by law and this Ordinance. In addition, it is agreed that the rates
shall be set from time to time so that there shall be produced each fiscal year Net Revenues in an
amount not less than 110% of the principal of and interest on all Bonds coming due in each fiscal
year and not less than 100% of the principal of and interest on all Junior Lien Bonds coming due
in each fiscal year. The rates shall be fixed and revised from time to time as may be necessary to
produce these amounts, and it is hereby covenanted and agreed to fix and maintain rates for
services furnished by the System at all times sufficient to provide for the foregoing.
Section 14. Funds and Accounts; Flow of Funds. The funds and accounts established by
the Outstanding Ordinances are hereby continued, the flow of funds established by the
Outstanding Ordinances, is hereby continued, and the applicable sections of the Outstanding
Ordinances, relating to funds and accounts and flow of funds are incorporated herein by
reference as if fully set forth.
Section 15. Bond Proceeds. The proceeds of the sale of the Series 2020 Bond shall be
deposited in a bank or banks, designated by the City, qualified to act as depository of the
proceeds of sale under the provisions of Act 94, in an account designated 2020 WATER
SUPPLY SYSTEM PROJECT CONSTRUCTION FUND (the “Construction Fund”). Moneys
in the Construction Fund shall be applied solely in payment of the cost of the Project, including
any engineering, legal and other expenses incident thereto and to the financing thereof.
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Section 16. Bond Form. The Series 2020 Bond shall be in substantially the following
form with such changes or completion as necessary or appropriate to give effect to the intent of
this Ordinance and further subject to such modifications which may be required by the Michigan
Attorney General and the Authority and approved by bond counsel:
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UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF MUSKEGON
CITY OF MUSKEGON
WATER SUPPLY SYSTEM JUNIOR LIEN REVENUE BOND, SERIES 2020
REGISTERED OWNER: Michigan Finance Authority
PRINCIPAL AMOUNT: __________________ Dollars ($__________)
DATE OF ORIGINAL ISSUE: August 28, 2020
The CITY OF MUSKEGON, County of Muskegon, State of Michigan (the “City”), for
value received, hereby promises to pay, but only out of the hereinafter described Net Revenues
of the City’s Water Supply System (hereinafter defined), to the Michigan Finance Authority (the
“Authority”), or registered assigns, the Principal Amount shown above, or such portion thereof
as shall have been advanced to the City pursuant to a Purchase Contract between the City and the
Authority and a Supplemental Agreement by and among the City, the Authority and the State of
Michigan acting through the Department of Environment, Great Lakes, and Energy, in lawful
money of the United States of America, unless prepaid or reduced prior thereto as hereinafter
provided.
During the time funds are being drawn down by the City under this Bond, the Authority
will periodically provide the City a statement showing the amount of principal that has been
advanced and the date of each advance, which statement shall constitute prima facie evidence of
the reported information; provided that no failure on the part of the Authority to provide such a
statement or to reflect a disbursement or the correct amount of a disbursement shall relieve the
City of its obligation to repay the outstanding principal amount actually advanced, all accrued
interest thereon, and any other amount payable with respect thereto in accordance with the terms
of this Bond.
The Principal Amount shall be payable on the dates and in the annual principal
installment amounts set forth on Schedule A attached hereto and made a part hereof, as such
Schedule may be adjusted if less than $________ is disbursed to the City or if a portion of the
Principal Amount is prepaid as provided below, with interest on said principal installments from
the date each said installment is delivered to the holder hereof until paid at the rate of two
percent (2.00%) per annum. Interest is first payable April 1, 2021 and semiannually thereafter
and principal is payable on the first day of October commencing October 1, 2021 (as identified
in the Purchase Contract) and annually thereafter.
Principal installments of this bond are subject to prepayment by the City prior to maturity
only with the prior written consent of the Authority and on such terms as may be required by the
Authority.
9
Notwithstanding any other provision of this bond, so long as the Authority is the owner
of this bond, (a) this bond is payable as to principal, premium, if any, and interest at The Bank of
New York Mellon Trust Company, N.A. or at such other place as shall be designated in writing
to the City by the Authority (the "Authority's Depository"); (b) the City agrees that it will deposit
with the Authority's Depository payments of the principal of, premium, if any, and interest on
this bond in immediately available funds by 12:00 noon at least five business days prior to the
date on which any such payment is due whether by maturity, redemption or otherwise; in the
event that the Authority's Depository has not received the City's deposit by 12:00 noon on the
scheduled day, the City shall immediately pay to the Authority as invoiced by the Authority an
amount to recover the Authority's administrative costs and lost investment earnings attributable
to that late payment; and (c) written notice of any redemption of this bond shall be given by the
City and received by the Authority's Depository at least 40 days prior to the date on which such
redemption is to be made.
Additional Interest
In the event of a default in the payment of principal or interest hereon when due, whether
at maturity, by redemption or otherwise, the amount of such default shall bear interest (the
“additional interest”) at a rate equal to the rate of interest which is two percent above the
Authority’s cost of providing funds (as determined by the Authority) to make payment on the
bonds of the Authority issued to provide funds to purchase this bond but in no event in excess of
the maximum rate of interest permitted by law. The additional interest shall continue to accrue
until the Authority has been fully reimbursed for all costs incurred by the Authority (as
determined by the Authority) as a consequence of the City’s default. Such additional interest
shall be payable on the interest payment date following demand of the Authority. In the event
that (for reasons other than the default in the payment of any municipal obligation purchased by
the Authority) the investment of amounts in the reserve account established by the Authority for
the bonds of the Authority issued to provide funds to purchase this bond fails to provide
sufficient available funds (together with any other funds which may be made available for such
purpose) to pay the interest on outstanding bonds of the Authority issued to fund such account,
the City shall and hereby agrees to pay on demand only the City’s pro rata share (as determined
by the Authority) of such deficiency as additional interest on this bond.
For prompt payment of principal and interest on this bond, the City has irrevocably
pledged the revenues of the Water Supply System of the City, including all appurtenances,
extensions and improvements thereto (the “System”), after provision has been made for
reasonable and necessary expenses of operation, maintenance and administration (the “Net
Revenues”), and a statutory second lien thereon is hereby recognized and created, subject to the
senior lien of any additional Bonds of the City hereafter issued by the City, as set forth in the
Ordinance (hereinafter defined). The bonds of this issue are of equal standing and priority of
lien as to the Net Revenues with the City’s Water Supply System Revenue Bonds (Limited Tax
General Obligation), Series 2004 and Water Supply System Junior Lien Revenue Bonds, Series
2019 (the “Outstanding Junior Lien Bonds”) and any additional bonds hereafter issued by the
City of equal standing and priority with the Outstanding Junior Lien Bonds. The City has
reserved the right to issue such additional Bonds which shall be superior and senior in all
respects to the bonds of this issue as to the Net Revenues, or of equal standing and priority of
lien as to the Net Revenues.
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Purchasers of the bonds of this issue, by their acceptance of the bonds of this issue or a
beneficial ownership interest therein, shall be deemed to have consented to the subordination of
their interest in and lien upon the Net Revenues upon the issuance of senior lien bonds
subsequent to the delivery of the bonds of this issue.
This bond is a single, fully-registered, non-convertible bond in the principal sum
indicated above issued pursuant to Ordinance No. ___, duly adopted by the City Commission of
the City and the prior ordinances authorizing the issuance of the Outstanding Junior Lien Bonds
(together, the “Ordinances”), and under and in full compliance with the Constitution and statutes
of the State of Michigan, including specifically Act 94, Public Acts of Michigan, 1933, as
amended, for the purpose of paying part of the cost of acquiring and constructing additions,
extensions and improvements to the System.
For a complete statement of the revenues from which and the conditions under which this
bond is payable, a statement of the conditions under which additional bonds of superior and
equal standing may hereafter be issued and the general covenants and provisions pursuant to
which this bond is issued, reference is made to the above-described Ordinances.
This bond is a self-liquidating bond, payable, both as to principal and interest, solely and
only from the Net Revenues of the System. The principal of and interest on this bond are
secured by the statutory lien hereinbefore mentioned.
The City has covenanted and agreed, and does hereby covenant and agree, to fix and
maintain at all times while any bonds payable from the Net Revenues of the System shall be
outstanding, such rates for service furnished by the System as shall be sufficient to provide for
payment of the interest upon and the principal of the bonds of this issue, any additional Bonds,
and any additional Junior Lien Bonds, as and when the same shall become due and payable, and
to maintain a bond redemption fund (including a bond reserve account, if any) therefor, to
provide for the payment of expenses of administration and operation and such expenses for
maintenance of the System as are necessary to preserve the same in good repair and working
order, and to provide for such other expenditures and funds for the System as are required by
said Ordinances.
This bond is transferable only upon the books of the City by the registered owner in
person or the registered owner’s attorney duly authorized in writing, upon the surrender of this
bond together with a written instrument of transfer satisfactory to the transfer agent, duly
executed by the registered owner or the registered owner’s attorney duly authorized in writing,
and thereupon a new bond or bonds in the same aggregate principal amount and of the same
maturity shall be issued to the transferee in exchange therefor as provided in the Ordinances, and
upon payment of the charges, if any, therein prescribed.
It is hereby certified and recited that all acts, conditions and things required by law to be
done precedent to and in the issuance of this bond have been done and performed in regular and
due time and form as required by law.
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IN WITNESS WHEREOF, the City of Muskegon, County of Muskegon, State of
Michigan, by its City Commission has caused this bond to be executed with the manual or
facsimile signatures of its Mayor and its City Clerk and the corporate seal of the City to be
impressed or imprinted hereon, all as of the Date of Original Issue.
CITY OF MUSKEGON
By_________________________________
Mayor
(Seal)
Countersigned:
By____________________________
City Clerk
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EGLE Project Number: 7466-01
EGLE Approved Amt: $__________
SCHEDULE A
Based on the schedule provided below unless revised as provided in this paragraph, repayment of the
principal of the bond shall be made until the full amount advanced to the City is repaid. In the event the Order of
Approval issued by the Department of Environment, Great Lakes and Energy (the “Order”), approves a principal amount
of assistance less than the amount of the bond delivered to the Authority, the Authority shall only disburse principal
up to the amount stated in the Order. In the event (1) that the payment schedule approved by the City and described
below provides for payment of a total principal amount greater than the amount of assistance approved by the Order
or (2) that less than the principal amount of assistance approved by the Order is disbursed to the City by the
Authority, or (3) that any portion of the principal amount of assistance approved by the Order and disbursed to the
City is forgiven pursuant to the Order, the Authority shall prepare a new payment schedule which shall be effective
upon receipt by the City.
Maturity Date Principal Amount
October 1, 2021
October 1, 2022
October 1, 2023
October 1, 2024
October 1, 2025
October 1, 2026
October 1, 2027
October 1, 2028
October 1, 2029
October 1, 2030
October 1, 2031
October 1, 2032
October 1, 2033
October 1, 2034
October 1, 2035
October 1, 2036
October 1, 2037
October 1, 2038
October 1, 2039
October 1, 2040
Interest on the bond shall accrue on that portion of principal disbursed by the Authority to the City which
has not been forgiven pursuant to the Order from the date such portion is disbursed, until paid, at the rate of 2.00%
per annum, payable April 1, 2021, and semi-annually thereafter.
The City agrees that it will deposit with the Authority’s Depository, or such other place as shall be
designated in writing to the City by the Authority payments of the principal of, premium, if any, and interest on this
bond in immediately available funds by 12:00 noon at least five business days prior to the date on which any such
payment is due whether by maturity, redemption or otherwise. In the event that the Authority’s Depository has not
received the City’s deposit by 12:00 noon on the scheduled day, the City shall immediately pay to the Authority as
invoiced by the Authority an amount to recover the Authority’s administrative costs and lost investment earnings
attributable to that late payment.
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Section 17. Negotiated Sale; Application to EGLE and Authority; Execution of
Documents. The City determines that it is in the best interest of the City to negotiate the sale of
the Series 2020 Bond to the Authority because the Drinking Water Revolving Fund financing
programs provide significant interest savings to the City compared to competitive sale in the
municipal bond market. The Authorized Officers are hereby authorized to make application to
the Authority and to the EGLE for placement of the Series 2020 Bond with the Authority. The
actions taken by the Authorized Officers with respect to the Series 2020 Bond prior to the
adoption of this Ordinance are ratified and confirmed. The Authorized Officers are authorized to
execute and deliver the Purchase Contract, the Supplemental Agreement and the Issuer’s
Certificate. Any Authorized Officer is further authorized to execute and deliver such contracts,
documents and certificates as are necessary or advisable to qualify the Series 2020 Bond for the
Drinking Water Revolving Fund. Prior to the delivery of the Series 2020 Bond to the Authority,
any Authorized Officer is hereby authorized to make such changes to the form of the Series 2020
Bond contained in Section 18 of this Ordinance as may be necessary to conform to the
requirements of Act 227, Public Acts of Michigan 1985, as amended (“Act 227”), including, but
not limited to changes in the principal maturity and interest payment dates and references to
additional security required by Act 227.
Section 18. Covenant Regarding Tax Exempt Status of the Bonds. The City shall, to the
extent permitted by law, take all actions within its control necessary to maintain the exemption of
the interest on the Series 2020 Bond from general federal income taxation (as opposed to any
alternative minimum or other indirect taxation) under the Internal Revenue Code of 1986, as
amended (the “Code”), including, but not limited to, actions relating to any required rebate of
arbitrage earnings and the expenditure and investment of Series 2020 Bond proceeds and moneys
deemed to be Bond proceeds.
Section 19. Approval of Bond Counsel. The representation of the City by Miller,
Canfield, Paddock and Stone, P.L.C. (“Miller Canfield”), as bond counsel is hereby approved,
notwithstanding the representation by Miller Canfield of the Authority in connection with its
financing programs and borrowings.
Section 20. Approval of Bond Details. The Authorized Officers are each hereby
authorized to adjust the final bond details set forth herein to the extent necessary or convenient to
complete the transaction authorized herein, and in pursuance of the foregoing is authorized to
exercise the authority and make the determinations authorized pursuant to Section 7a(1)(c) of
Act 94, including but not limited to determinations regarding interest rates, prices, discounts,
maturities, principal amounts, denominations, dates of issuance, interest payment dates,
redemption rights, the place of delivery and payment, and other matters, provided that the
principal amount of Series 2020 Bond issued shall not exceed the principal amount authorized in
this Ordinance, the interest rate per annum on the Series 2020 Bond shall not exceed two percent
(2.00%) per annum, and the Series 2020 Bond shall mature in not more than twenty (20) annual
installments.
Section 21. Savings Clause. All ordinances, resolutions or orders, or part thereof, in
conflict with the provisions of this Ordinance are, to the extent of such conflict, repealed.
14
Section 22. Severability; Paragraph Headings; and Conflict. If any section, paragraph,
clause or provision of this Ordinance shall be held invalid, the invalidity of such section,
paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. The
paragraph headings in this Ordinance are furnished for convenience of reference only and shall
not be considered to be part of this Ordinance.
Section 23. Publication and Recordation. This Ordinance shall be published in full in the
Muskegon Chronicle, a newspaper of general circulation in the City qualified under State law to
publish legal notices, promptly after its adoption, and shall be recorded in the Ordinance Book of
the City and such recording authenticated by the signatures of the Mayor and the City Clerk.
Section 24. Effective Date. This Ordinance shall be effective upon its adoption and
publication.
ADOPTED AND SIGNED THIS 11th day of August, 2020.
Signed____________________________________
Mayor
Signed____________________________________
City Clerk
I HEREBY CERTIFY that the foregoing constitutes a true and complete copy of an Ordinance
duly adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan,
at a regular meeting held on the 11th day of August, 2020, and that said meeting was conducted
and public notice of said meeting was given pursuant to and in full compliance with the Open
Meetings Act, being Act 267, Public Acts of Michigan, 1976, as temporarily modified by
Governor Whitmer’s Executive Order No. 2020-154 and that the minutes of said meeting were
kept and will be or have been made available as required by said Act.
I further certify that the following Members were present at said meeting:
__________________________________________________________________________ and
that the following Members were absent:
________________________________________________________.
I further certify that Member _________________ moved for adoption of said
Ordinance, and that said motion was supported by Member _________________.
I further certify that the following Members voted for adoption of said Ordinance:
__________________________________________________________________________ and
that the following Members voted against adoption of said Ordinance:
________________________________.
15
I further certify that said Ordinance has been recorded in the Ordinance Book and that
such recording has been authenticated by the signatures of the Mayor and the City Clerk.
____________________________________
City Clerk
36076063.1\063684-00049
16
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 11, 2020 Title: Sanitary Sewer Supply System Bonds
Submitted By: Kenneth D. Grant Department: Finance
Brief Summary: Ordinance Authorizing the issuance of Sanitary Sewer Supply System Junior Lien Revenue
Bonds
Detailed Summary:
To authorize the issuance of Sanitary Sewer Supply System Bonds in an amount not to exceed $5,400,000.
The Bonds are expected to be sold to the Michigan Finance Authority and payable in 20 annual principal
installments at an interest rate of 2%. Scheduled closing is September 30th.
Estimated Principal Forgiveness is $950,000.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the Ordinance authorizing the issuance of Sanitary Sewer Supply
System Revenue Bonds.
For City Clerk Use Only:
Commission Action:
MICHIGAN: Ann Arbor
Founded in 1852
Detroit • Grand Rapids
by Sidney Davy Miller
LLER Kalamazoo• Lansing• Troy
D.C.: Washington
IELD
Miller, Canfield, Paddock and Stone, P.L.c.
Il.LINOIS: Chicago
NEW YORK: New York
01-no: Cincinnati• Cleveland
P ATRICK F. McGow
TEL (313) 496-7684 150 West Jefferson, Suite 2500 CANADA: Windsor
FAX(313)496-8450 Detroit, Michigan 48226 CHINA : Shanghai
E-MAIL mqow@mWercanfleld.com
TEL (313) 963-6420 MEXICO: Monterrey
FAX (313) 496-7500 POLAND: Gdynia
www .millercanfield.com Warsaw• Wroclaw
August 5, 2020
Ms. Elizabeth Lewis
Finance Director
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon MI 49443-0536
Re: City of Muskegon
Sanitary Sewer System Junior Lien Revenue Bonds, Series 2020 (SRF Project)
Water Supply System Junior Lien Revenue Bonds, Series 2020 (DWRF Project)
Dear Beth:
As we discussed, I have enclosed an Ordinance authorizing the issuance of the above-
captioned Sanitary Sewer System Revenue Bonds and an Ordinance authorizing the issuance of
the above-captioned Water Supply System Revenue Bonds to be considered for approval by the
City Commission at its meeting on August 11th. The Sewer Bonds and the Water Bonds are to
be sold through the Michigan Finance Authority's ("MFA") 4th Quarter State Revolving Fund
Program and Drinking Water Revolving Fund Program, respectively, scheduled to close on
September 30th.
Sewer Bonds
The Sewer Bond Ordinance authorizes the issuance of the Bonds in an amount not to
exceed $5,400,000 for the sewer projects although the current estimated sizing is around
$4,750,000. The Ordinance provides flexibility for the actual size of the Bond issue to be
reduced prior to closing based on the actual construction bids and final approved costs. In
addition, the City will receive principal forgiveness for this project which will reduce the amount
that needs to be paid back to the MF A.
The Sewer Bond Ordinance authorizes the issuance of the Series 2020 Bonds, which are
payable from the Net Revenues of the City's Sanitary Sewer System. The Bonds are expected to
be sold to the MF A and payable in 20 annual principal installments at an interest rate of 2.00%.
The Bonds are being issued as junior lien bonds which are of equal standing with the Series 2019
Bonds issued last year through the SRF for sewer improvements.
MILLER, CANFIELD, PADDOCK AND STONE, P.LC.
Ms. Elizabeth Lewis -2- August 5, 2020
Water Bonds
The Water Bond Ordinance authorizes the issuance of the Bonds in an amount not to
exceed $4,800,000 for the water projects although the current estimated sizing is around
$4,215,000. Again, the Ordinance provides flexibility for the actual size of the Bond issue to be
reduced prior to closing based on the actual construction bids and final approved costs. In
addition, the City will receive principal forgiveness for this project which will reduce the amount
that needs to be paid back to the MF A.
The Water Bond Ordinance authorizes the issuance of the Series 2020 Bonds, which are
payable from the Net Revenues of the City's Water Supply System. The Bonds are expected to
be sold to the MF A and payable in 20 annual principal installments at an interest rate of 2.00%.
The Bonds are being issued as junior lien bonds which are of equal standing with the Series 2004
and Series 2019 Bonds issued through the DWRF for water improvements.
Both Ordinances also authorizes various City officials to take the necessary actions to
execute and deliver the Bonds and all related documents, approve the final size of the Bonds and
contains the necessary items required by the Revenue Bond Act, Act 94 of 1933.
Pursuant to the Revenue Bond Act, the Ordinances may be adopted in one reading,
regardless of any contrary provision in the City's ordinance adoption procedures. Each
Ordinance is regyired to be published once in full in your local newspaper after its adoption.
There are no restrictions or requirements on the size of the publication, so it can be as small as
possible. Upon adoption by the City Commission, we would appreciate receiving three (3)
certified copies of the Ordinance and three (3) Affidavits of Publication of the Ordinance for
bond transcripts.
The Part ill application with the construction bids is due on August 10th . The Michigan
Department of Environmental Quality Order of Approval is expected to be issued on September
9th. There will be a conference call with MF A, EGLE and City officials on August 2011 which
we will participate in, to make final arrangements relating to the Bond terms. At that time, the
final bond size will be determined and we will prepare the necessary documents to be signed by
various City officials after that date regarding the sale and delivery of the Bonds. The closing for
both the Sewer Bonds and the Water Bonds will be September 30th and the City can begin
requesting draws on the Bonds after that date.
MILLER, CANFIELD, PADDOCK AND STONE, P.LC.
Ms. Elizabeth Lewis -3- August 5, 2020
If you have any questions, please do not hesitate to contact me.
Very truly yours,
Miller,
Patrick F. McGow
Enclosure
Cc: Franklin Peterson
Leo Evans
Warren Creamer
Michael McCarty
Barbara Marczak
John Schrier, Esq.
36313010. l \063684-00049
ORDINANCE NO. _____
CITY OF MUSKEGON
AN ORDINANCE TO PROVIDE FOR THE ACQUISITION,
CONSTRUCTION, INSTALLATION, FURNISHING AND EQUIPPING OF
ADDITIONS AND IMPROVEMENTS TO THE SANITARY SEWER SYSTEM
OF THE CITY; TO PROVIDE FOR THE ISSUANCE AND SALE OF JUNIOR
LIEN REVENUE BONDS TO PAY THE COST THEREOF; TO PROVIDE
FOR THE COLLECTION OF REVENUES FROM THE SYSTEM
SUFFICIENT FOR THE PURPOSE OF PAYING THE COSTS OF
OPERATION AND MAINTENANCE OF THE SYSTEM AND TO PAY THE
PRINCIPAL OF AND INTEREST ON THE BONDS AND CERTAIN
OUTSTANDING BONDS OF THE SYSTEM; TO PROVIDE FOR THE
SEGREGATION AND DISTRIBUTION OF SYSTEM REVENUES; TO
PROVIDE FOR THE RIGHTS OF THE HOLDERS OF THE BONDS IN
ENFORCEMENT THEREOF; TO PRESCRIBE THE FORM OF THE BONDS;
AND TO PROVIDE FOR OTHER MATTERS RELATING TO THE BONDS
AND THE SYSTEM.
THE CITY OF MUSKEGON ORDAINS:
Section 1. Definitions. Whenever used in this Ordinance, except when otherwise
indicated by the context, the following terms shall have the following meanings:
(a) “Act 94” means Act 94, Public Acts of Michigan, 1933, as amended.
(b) “Adjusted Net Revenues” means for any operating year the excess of
revenues over expenses for the System determined in accordance with generally accepted
accounting principles, to which shall be added depreciation, amortization, interest
expense on Bonds and payments to the City in lieu of taxes, to which may be made the
following adjustments.
(i) Revenues may be augmented by the amount of any rate increases
adopted prior to the issuance of additional Bonds or to be placed into effect before
the time principal or interest on the additional Bonds becomes payable from
Revenues as applied to quantities of service furnished during the operating year or
portion thereof that the increased rates were not in effect.
(ii) Revenues may be augmented by amounts which may be derived
from rates and charges to be paid by new customers of the System.
(c) “Authority” means the Michigan Finance Authority or its successor.
(d) “Authorized Officers” means the Mayor, the City Manager, the City Clerk
and the Finance Director of the City.
(e) “Bonds” or “Senior Lien Bonds” means any bonds or series of bonds so
designated and payable from Net Revenues, which are secured by a statutory first lien on
the Net Revenues established by this Ordinance and which are senior and superior in all
respects with respect to the Net Revenues to any Junior Lien Bonds secured by the
statutory second lien on the Net Revenues, together with any additional Bonds of equal
standing thereafter issued.
(f) “City” or “Issuer” means the City of Muskegon, County of Muskegon,
State of Michigan.
(g) “EGLE” means the means the Michigan Department of Environment,
Great Lakes, and Energy, or its successor.
(h) “Engineers” means Prein & Newhof, registered engineers of Grand
Rapids, Michigan.
(i) “Junior Lien Bonds” means Series 2020 Bond, the Outstanding Junior
Lien Bonds and any additional bonds of equal standing with the Series 2020 Bond and
the Outstanding Junior Lien Bonds which are secured by a statutory second lien on the
Net Revenues and are junior and subordinate to the Senior Lien Bonds.
(j) “Outstanding Junior Lien Bonds” means the Series 2019 Bonds.
(k) “Outstanding Ordinance” means Ordinance No. 2417 of the City.
(l) “Project” means the acquisition, construction, furnishing and equipping of
improvements to the Sanitary Sewer System of the City, including sewer system
rehabilitation and replacement of existing sewer lines, together with pump station
improvements and all related appurtenances and attachments.
(m) “Purchase Contract” means the Purchase Contract to be entered into
between the Authority and the City relating to the purchase by the Authority of the Series
2020 Bond.
(n) “Revenues” and “Net Revenues” shall mean the revenues and net revenues
of the City derived from the operation of the System and shall be construed as defined in
Section 3 of Act 94, including with respect to “Revenues,” the earnings derived from the
investment of moneys in the various funds and accounts established by this Ordinance.
(o) “Series 2019 Bond” means the Sanitary Sewer System Junior Lien
Revenue Bond, Series 2019, dated August 28, 2019, in the outstanding principal amount
of Two Million Eight Hundred Seventy-Five Thousand Dollars ($2,875,000).
(p) “Series 2020 Bond” means the Sanitary Sewer System Junior Lien
Revenue Bond, Series 2020, of the City in the principal amount of not to exceed Five
Million Four Hundred Thousand Dollars ($5,400,000) authorized by this Ordinance.
2
(q) “Sufficient Government Obligations” means direct obligations of the
United States of America or obligations the principal and interest on which is fully
guaranteed by the United States of America, not redeemable at the option of the issuer,
the principal and interest payments upon which without reinvestment of the interest,
come due at such times and in such amounts as to be fully sufficient to pay the interest as
it comes due on the Bonds or Junior Lien Bonds and the principal and redemption
premium, if any, on the Bonds or Junior Lien Bonds as it comes due whether on the
stated maturity date or upon earlier redemption. Securities representing such obligations
shall be placed in trust with a bank or trust company, and if any of the Bonds or Junior
Lien Bonds are to be called for redemption prior to maturity, irrevocable instructions to
call the Bonds for redemption shall be given to the paying agent.
(r) “Supplemental Agreement” means the supplemental agreement among the
City, the Authority and the EGLE relating to the Series 2020 Bond.
(s) “System” means the Sanitary Sewer System of the City, including the
Project and all additions, extensions and improvements hereafter acquired.
Section 2. Necessity; Approval of Plans and Specifications. It is hereby determined to
be a necessary public purpose of the City to acquire and construct the Project in accordance with
the plans and specifications prepared by the Engineers, which plans and specifications are hereby
approved. The Project qualifies for the State Revolving Fund financing program being
administered by the EGLE and the Authority, whereby bonds of the City are sold to the
Authority and bear interest at a fixed rate of not to exceed two percent (2.00%) per annum.
Section 3. Costs; Useful Life. The cost of the Project is estimated to be an amount not to
exceed Five Million Four Hundred Thousand Dollars ($5,400,000), including the payment of
incidental expenses as specified in Section 4 of this Ordinance, which estimate of cost is hereby
approved and confirmed. The period of usefulness of the Project is estimated to be not less than
twenty-five (25) years.
Section 4. Payment of Cost; Bonds Authorized. To pay part of the cost of acquiring the
Project, legal, engineering, financial and other expenses incident thereto and incident to the
issuance and sale of the Series 2020 Bond, the City shall borrow the sum of not to exceed Five
Million Four Hundred Thousand Dollars ($5,400,000), and issue the Series 2020 Bond therefor
pursuant to the provisions of Act 94. The remaining cost of the Project, if any, shall be defrayed
from grant funds and City funds on hand and legally available for such use.
Except as amended by or expressly provided to the contrary in this Ordinance, all of the
provisions of the Outstanding Ordinance shall apply to the Series 2020 Bonds issued pursuant to
this Ordinance, the same as though each of said provisions were repeated in this Ordinance in
detail; the purpose of this Ordinance being to authorize the issuance of additional revenue bonds
of junior and subordinate standing and priority of lien to any Outstanding Senior Lien Bonds and
of equal standing and priority of lien as to the Net Revenues with the Outstanding Junior Lien
Bonds to finance the cost of acquiring additions, extensions and improvements to the System,
additional bonds of junior and subordinate standing and priority of lien as to the Outstanding
Senior Lien Bonds and of equal standing and priority of lien as to the Outstanding Junior Lien
3
Bonds for such purpose being authorized by the provisions of the Outstanding Ordinance, upon
the conditions therein stated, which conditions have been fully met.
Section 5. Issuance of Series 2020 Bond; Details. The Series 2020 Bond of the City, to
be designated SANITARY SEWER SYSTEM JUNIOR LIEN REVENUE BOND, SERIES
2020 is authorized to be issued in the aggregate principal sum of not to exceed Five Million Four
Hundred Thousand Dollars ($5,400,000) or such lesser amount as finally determined by order of
the EGLE for the purpose of paying part of the cost of the Project, including the costs incidental
to the issuance, sale and delivery of the Series 2020 Bond. The Series 2020 Bond shall be
payable out of the Net Revenues, as set forth more fully in Section 8 hereof.
The Series 2020 Bond shall be in the form of a single fully-registered, nonconvertible
bond of the denomination of the full principal amount thereof, dated as of the date of delivery,
payable in principal installments as finally determined by the order of the EGLE at the time of
sale of the Series 2020 Bond and approved by the Authority and an Authorized Officer.
Principal installments of the Series 2020 Bond shall be payable on October 1 of the years 2021
through 2040, inclusive, or such other payment dates as hereinafter provided. Interest on the
Series 2020 Bond shall be payable on April 1 and October 1 of each year, commencing October
1, 2021 or on such other interest payment dates as hereinafter provided. Final determination of
the principal amount of and interest on the Series 2020 Bond and the payment dates and amounts
of principal installments of the Series 2020 Bond shall be evidenced by execution of the
Purchase Contract and each of the Authorized Officers is authorized and directed to execute and
deliver the Purchase Contract when in final form and to make the determinations set forth above;
provided, however, that the first principal installment shall be due no earlier than April 1, 2021
and the final principal installment shall be due no later than October 1, 2042 and that the total
principal amount shall not exceed $5,400,000.
The Series 2020 Bond shall bear interest at a rate of not to exceed two percent (2.00%)
per annum on the par value thereof or such other rate as evidenced by execution of the Purchase
Contract, but in any event not to exceed the rate permitted by law, and any Authorized Officers
as shall be appropriate shall deliver the Series 2020 Bond in accordance with the delivery
instructions of the Authority.
The principal amount of the Series 2020 Bond is expected to be drawn down by the City
periodically, and interest on principal amount shall accrue from the date such principal amount is
drawn down by the City.
The Series 2020 Bond shall not be convertible or exchangeable into more than one fully-
registered bond. Principal of and interest on the Series 2020 Bond shall be payable as provided
in the Series 2020 Bond form in this Ordinance.
The Series 2020 Bond shall be subject to optional redemption by the City with the prior
written approval of the Authority and on such terms as may be required by the Authority.
The Treasurer shall record on the registration books payment by the City of each
installment of principal or interest or both when made and the cancelled checks or other records
evidencing such payments shall be returned to and retained by the Treasurer.
4
Upon payment by the City of all outstanding principal of and interest on the Series 2020
Bond, the Authority shall deliver the Series 2020 Bond to the City for cancellation.
Section 6. Execution of Series 2020 Bond. The Series 2020 Bond shall be signed by the
manual or facsimile signature of the Mayor and countersigned by the manual or facsimile
signature of the City Clerk and shall have the corporate seal of the City or facsimile thereof
impressed thereon. The Series 2020 Bond bearing the manual or facsimile signatures of the
Mayor and the City Clerk sold to the Authority shall require no further authentication.
Section 7. Registration and Transfer. Any Bond or Junior Lien Bond may be transferred
upon the books required to be kept pursuant to this section by the person in whose name it is
registered, in person or by the registered owner’s duly authorized attorney, upon surrender of the
Bond or Junior Lien Bond for cancellation, accompanied by delivery of a duly executed written
instrument of transfer in a form approved by the transfer agent. Whenever any Bond or Junior
Lien Bond shall be surrendered for transfer, the City shall execute and the transfer agent shall
authenticate and deliver a new Bond or Junior Lien Bond, for like aggregate principal amount.
The transfer agent shall require payment by the bondholder requesting the transfer of any tax or
other governmental charge required to be paid with respect to the transfer. The City shall not be
required (i) to issue, register the transfer of or exchange any Bond or Junior Lien Bond during a
period beginning at the opening of business 15 days before the day of the giving of a notice of
redemption of Bonds selected for redemption as described in the form of Series 2020 Bond
contained in Section 18 of this Ordinance and ending at the close of business on the day of that
giving of notice, or (ii) to register the transfer of or exchange any Bond or Junior Lien Bond so
selected for redemption in whole or in part, except the unredeemed portion of Bonds or Junior
Lien Bonds being redeemed in part. The City shall give the transfer agent notice of call for
redemption at least 20 days prior to the date notice of redemption is to be given.
The transfer agent shall keep or cause to be kept at its principal office sufficient books for
the registration and transfer of the Bonds or Junior Lien Bond, which shall at all times be open to
inspection by the City; and upon presentation for such purpose the transfer agent shall under
such reasonable regulations as it may prescribe transfer or cause to be transferred on said books
Bonds or Junior Lien Bond as hereinbefore provided.
If any Bond or Junior Lien Bond shall become mutilated, the City, at the expense of the
holder of the Bond, shall execute, and the transfer agent shall authenticate and deliver, a new
Bond or Junior Lien Bond of like tenor in exchange and substitution for the mutilated Bond or
Junior Lien Bond, upon surrender to the transfer agent of the mutilated Bond or Junior Lien
Bond. If any Bond or Junior Lien Bond issued under this Ordinance shall be lost, destroyed or
stolen, evidence of the loss, destruction or theft may be submitted to the transfer agent and, if this
evidence is satisfactory to both and indemnity satisfactory to the transfer agent shall be given,
and if all requirements of any applicable law including Act 354, Public Acts of Michigan, 1972,
as amended (“Act 354”), being sections 129.131 to 129.135, inclusive, of the Michigan
Compiled Laws have been met, the City, at the expense of the owner, shall execute, and the
transfer agent shall thereupon authenticate and deliver, a new Bond or Junior Lien Bond of like
tenor and bearing the statement required by Act 354, or any applicable law hereafter enacted, in
lieu of and in substitution for the Bond or Junior Lien Bond so lost, destroyed or stolen. If any
such Bond or Junior Lien Bond shall have matured or shall be about to mature, instead of issuing
5
a substitute Bond or Junior Lien Bond the transfer agent may pay the same without surrender
thereof.
Section 8. Payment of Series 2020 Bond; Security; Priority of Lien. Principal of and
interest on the Series 2020 Bond shall be payable solely from the Net Revenues, and to secure
such payment, there is hereby recognized the statutory lien upon the whole of the Net Revenues
which shall be a second lien, subject only to the statutory first lien established with respect to the
Senior Lien Bonds, to continue until payment in full of the principal of and interest on all Junior
Lien Bonds payable from the Net Revenues, or, until sufficient cash or Sufficient Government
Obligations have been deposited in trust for payment in full of all Junior Lien Bonds of a series
then outstanding, principal and interest on such Junior Lien Bonds to maturity, or, if called for
redemption, to the date fixed for redemption together with the amount of the redemption
premium, if any. The statutory lien on the Net Revenues created with respect to the Junior Lien
Bonds (including the Series 2020 Bond) shall at all times be and remain subordinate and inferior
to the pledge of Net Revenues and the statutory first lien thereon authorized to be granted to
secure any Senior Lien Bonds hereafter issued.
Upon deposit of cash or Sufficient Government Obligations, as provided in the previous
sentences, the statutory lien shall be terminated with respect to that series of Bonds or Junior
Lien Bonds, the holders of that series shall have no further rights under this Ordinance except for
payment from the deposited funds, and the Bonds or Junior Lien Bonds of that series shall no
longer be considered to be outstanding under this Ordinance.
Section 9. Bondholders’ Rights; Receiver. The holder or holders of the Bonds or Junior
Lien Bonds representing in the aggregate not less than twenty percent (20%) of the entire
principal amount thereof then outstanding, may, by suit, action, mandamus or other proceedings,
protect and enforce the statutory lien upon the Net Revenues of the System, and may, by suit,
action, mandamus or other proceedings, enforce and compel performance of all duties of the
officers of the City, including the fixing of sufficient rates, the collection of Revenues, the proper
segregation of the Revenues of the System and the proper application thereof. The statutory lien
upon the Net Revenues, however, shall not be construed as to compel the sale of the System or
any part thereof.
If there is a default in the payment of the principal of or interest on the Bonds or the
Junior Lien Bonds, any court having jurisdiction in any proper action may appoint a receiver to
administer and operate the System on behalf of the City and under the direction of the court, and
by and with the approval of the court to perform all of the duties of the officers of the City more
particularly set forth herein and in Act 94.
The holder or holders of the Bonds and the Junior Lien Bonds shall have all other rights
and remedies given by Act 94 and law, for the payment and enforcement of the Bonds and the
Junior Lien Bonds and the security therefor.
Section 10. Management; Fiscal Year. The operation, repair and management of the
System and the acquisition and construction of the Project shall be under the supervision and
control of the City Commission. The City Commission, in accordance with the relevant
provisions of the City Charter, may employ such person or persons in such capacity or capacities
6
as it deems advisable to carry on the efficient management and operation of the System. The
City Commission may make such rules and regulations as it deems advisable and necessary to
assure the efficient management and operation of the System. The fiscal year of the System shall
be the fiscal year of the City.
Section 11. Rates and Charges. The rates and charges for service furnished by and the
use of the System and the methods of collection and enforcement of the collection of the rates
shall be those in effect on the date of adoption of this Ordinance.
Section 12. No Free Service or Use. No free service or use of the System, or service or
use of the System at less than cost, shall be furnished by the System to any person, firm or
corporation, public or private, or to any public agency or instrumentality, including the City.
Section 13. Fixing and Revising Rates; Rate Covenant. The rates now in effect are
estimated to be sufficient to provide for the payment of the expenses of administration and
operation and such expenses for maintenance of the System as are necessary to preserve the
System in good repair and working order, to provide for the payment of the principal of and
interest on the Bonds and the Junior Lien Bonds as the same become due and payable, and the
maintenance of the reserve therefor and to provide for all other obligations, expenditures and
funds for the System required by law and this Ordinance. In addition, it is agreed that the rates
shall be set from time to time so that there shall be produced each fiscal year Net Revenues in an
amount not less than 110% of the principal of and interest on all Bonds coming due in each fiscal
year and not less than 100% of the principal of and interest on all Junior Lien Bonds coming due
in each fiscal year. The rates shall be fixed and revised from time to time as may be necessary to
produce these amounts, and it is hereby covenanted and agreed to fix and maintain rates for
services furnished by the System at all times sufficient to provide for the foregoing.
Section 14. Funds and Accounts; Flow of Funds. The funds and accounts established by
the Outstanding Ordinance are hereby continued, the flow of funds established by the
Outstanding Ordinances, is hereby continued, and the applicable sections of the Outstanding
Ordinance, relating to funds and accounts and flow of funds are incorporated herein by reference
as if fully set forth.
Section 15. Bond Proceeds. The proceeds of the sale of the Series 2020 Bond shall be
deposited in a bank or banks, designated by the City, qualified to act as depository of the
proceeds of sale under the provisions of Act 94, in an account designated 2020 SANITARY
SEWER SYSTEM PROJECT CONSTRUCTION FUND (the “Construction Fund”). Moneys in
the Construction Fund shall be applied solely in payment of the cost of the Project, including any
engineering, legal and other expenses incident thereto and to the financing thereof.
Section 16. Bond Form. The Series 2020 Bond shall be in substantially the following
form with such changes or completion as necessary or appropriate to give effect to the intent of
this Ordinance and further subject to such modifications which may be required by the Michigan
Attorney General and the Authority and approved by bond counsel:
7
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF MUSKEGON
CITY OF MUSKEGON
SANITARY SEWER SYSTEM JUNIOR LIEN REVENUE BOND, SERIES 2020
REGISTERED OWNER: Michigan Finance Authority
PRINCIPAL AMOUNT: __________________ Dollars ($__________)
DATE OF ORIGINAL ISSUE: August 28, 2020
The CITY OF MUSKEGON, County of Muskegon, State of Michigan (the “City”), for
value received, hereby promises to pay, but only out of the hereinafter described Net Revenues
of the City’s Sanitary Sewer System (hereinafter defined), to the Michigan Finance Authority
(the “Authority”), or registered assigns, the Principal Amount shown above, or such portion
thereof as shall have been advanced to the City pursuant to a Purchase Contract between the City
and the Authority and a Supplemental Agreement by and among the City, the Authority and the
State of Michigan acting through the Department of Environmental Quality, in lawful money of
the United States of America, unless prepaid or reduced prior thereto as hereinafter provided.
During the time funds are being drawn down by the City under this Bond, the Authority
will periodically provide the City a statement showing the amount of principal that has been
advanced and the date of each advance, which statement shall constitute prima facie evidence of
the reported information; provided that no failure on the part of the Authority to provide such a
statement or to reflect a disbursement or the correct amount of a disbursement shall relieve the
City of its obligation to repay the outstanding principal amount actually advanced, all accrued
interest thereon, and any other amount payable with respect thereto in accordance with the terms
of this Bond.
The Principal Amount shall be payable on the dates and in the annual principal
installment amounts set forth on Schedule A attached hereto and made a part hereof, as such
Schedule may be adjusted if less than $________ is disbursed to the City or if a portion of the
Principal Amount is prepaid as provided below, with interest on said principal installments from
the date each said installment is delivered to the holder hereof until paid at the rate of two
percent (2.00%) per annum. Interest is first payable April 1, 2021 and semiannually thereafter
and principal is payable on the first day of October commencing October 1, 2021 (as identified
in the Purchase Contract) and annually thereafter.
Principal installments of this bond are subject to prepayment by the City prior to maturity
only with the prior written consent of the Authority and on such terms as may be required by the
Authority.
8
Notwithstanding any other provision of this bond, so long as the Authority is the owner
of this bond, (a) this bond is payable as to principal, premium, if any, and interest at The Bank of
New York Mellon Trust Company, N.A. or at such other place as shall be designated in writing
to the City by the Authority (the "Authority's Depository"); (b) the City agrees that it will deposit
with the Authority's Depository payments of the principal of, premium, if any, and interest on
this bond in immediately available funds by 12:00 noon at least five business days prior to the
date on which any such payment is due whether by maturity, redemption or otherwise; in the
event that the Authority's Depository has not received the City's deposit by 12:00 noon on the
scheduled day, the City shall immediately pay to the Authority as invoiced by the Authority an
amount to recover the Authority's administrative costs and lost investment earnings attributable
to that late payment; and (c) written notice of any redemption of this bond shall be given by the
City and received by the Authority's Depository at least 40 days prior to the date on which such
redemption is to be made.
Additional Interest
In the event of a default in the payment of principal or interest hereon when due, whether
at maturity, by redemption or otherwise, the amount of such default shall bear interest (the
“additional interest”) at a rate equal to the rate of interest which is two percent above the
Authority’s cost of providing funds (as determined by the Authority) to make payment on the
bonds of the Authority issued to provide funds to purchase this bond but in no event in excess of
the maximum rate of interest permitted by law. The additional interest shall continue to accrue
until the Authority has been fully reimbursed for all costs incurred by the Authority (as
determined by the Authority) as a consequence of the City’s default. Such additional interest
shall be payable on the interest payment date following demand of the Authority. In the event
that (for reasons other than the default in the payment of any municipal obligation purchased by
the Authority) the investment of amounts in the reserve account established by the Authority for
the bonds of the Authority issued to provide funds to purchase this bond fails to provide
sufficient available funds (together with any other funds which may be made available for such
purpose) to pay the interest on outstanding bonds of the Authority issued to fund such account,
the City shall and hereby agrees to pay on demand only the City’s pro rata share (as determined
by the Authority) of such deficiency as additional interest on this bond.
For prompt payment of principal and interest on this bond, the City has irrevocably
pledged the revenues of the Sanitary Sewer System of the City, including all appurtenances,
extensions and improvements thereto (the “System”), after provision has been made for
reasonable and necessary expenses of operation, maintenance and administration (the “Net
Revenues”), and a statutory second lien thereon is hereby recognized and created, subject to the
senior lien of any additional bonds of the City hereafter issued by the City, as set forth in the
Ordinance (hereinafter defined). The City has reserved the right to issue such additional bonds
which shall be superior and senior in all respects to the bonds of this issue as to the Net
Revenues.
Purchasers of the bonds of this issue, by their acceptance of the bonds of this issue or a
beneficial ownership interest therein, shall be deemed to have consented to the subordination of
their interest in and lien upon the Net Revenues upon the issuance of senior lien bonds
subsequent to the delivery of the bonds of this issue.
9
This bond is a single, fully-registered, non-convertible bond in the principal sum
indicated above issued pursuant to Ordinance No. ___ (the “Ordinance”) duly adopted by the
City Commission of the City, and under and in full compliance with the Constitution and statutes
of the State of Michigan, including specifically Act 94, Public Acts of Michigan, 1933, as
amended, for the purpose of paying part of the cost of acquiring and constructing additions,
extensions and improvements to the System.
For a complete statement of the revenues from which and the conditions under which this
bond is payable, a statement of the conditions under which additional bonds of superior and
equal standing may hereafter be issued and the general covenants and provisions pursuant to
which this bond is issued, reference is made to the above-described Ordinance.
This bond is a self-liquidating bond, payable, both as to principal and interest, solely and
only from the Net Revenues of the System. The principal of and interest on this bond are
secured by the statutory lien hereinbefore mentioned.
The City has covenanted and agreed, and does hereby covenant and agree, to fix and
maintain at all times while any bonds payable from the Net Revenues of the System shall be
outstanding, such rates for service furnished by the System as shall be sufficient to provide for
payment of the interest upon and the principal of the bonds of this issue, any additional Bonds,
and any additional Junior Lien Bonds, as and when the same shall become due and payable, and
to maintain a bond redemption fund (including a bond reserve account, if any) therefor, to
provide for the payment of expenses of administration and operation and such expenses for
maintenance of the System as are necessary to preserve the same in good repair and working
order, and to provide for such other expenditures and funds for the System as are required by
said Ordinance.
This bond is transferable only upon the books of the City by the registered owner in
person or the registered owner’s attorney duly authorized in writing, upon the surrender of this
bond together with a written instrument of transfer satisfactory to the transfer agent, duly
executed by the registered owner or the registered owner’s attorney duly authorized in writing,
and thereupon a new bond or bonds in the same aggregate principal amount and of the same
maturity shall be issued to the transferee in exchange therefor as provided in the Ordinance, and
upon payment of the charges, if any, therein prescribed.
It is hereby certified and recited that all acts, conditions and things required by law to be
done precedent to and in the issuance of this bond have been done and performed in regular and
due time and form as required by law.
10
IN WITNESS WHEREOF, the City of Muskegon, County of Muskegon, State of
Michigan, by its City Commission has caused this bond to be executed with the manual or
facsimile signatures of its Mayor and its City Clerk and the corporate seal of the City to be
impressed or imprinted hereon, all as of the Date of Original Issue.
CITY OF MUSKEGON
By_________________________________
Mayor
(Seal)
Countersigned:
By____________________________
City Clerk
11
EGLE Project Number: 5679-01
EGLE Approved Amt: $____________
SCHEDULE A
Based on the schedule provided below unless revised as provided in this paragraph, repayment of the
principal of the bond shall be made until the full amount advanced to the City is repaid. In the event the Order of
Approval issued by the Department of Environment, Great Lakes and Energy (the “Order”), approves a principal amount
of assistance less than the amount of the bond delivered to the Authority, the Authority shall only disburse principal
up to the amount stated in the Order. In the event (1) that the payment schedule approved by the City and described
below provides for payment of a total principal amount greater than the amount of assistance approved by the Order
or (2) that less than the principal amount of assistance approved by the Order is disbursed to the City by the
Authority, or (3) that any portion of the principal amount of assistance approved by the Order and disbursed to the
City is forgiven pursuant to the Order, the Authority shall prepare a new payment schedule which shall be effective
upon receipt by the City.
Maturity Date Principal Amount
October 1, 2021
October 1, 2022
October 1, 2023
October 1, 2024
October 1, 2025
October 1, 2026
October 1, 2027
October 1, 2028
October 1, 2029
October 1, 2030
October 1, 2031
October 1, 2032
October 1, 2033
October 1, 2034
October 1, 2035
October 1, 2036
October 1, 2037
October 1, 2038
October 1, 2039
October 1, 2040
Interest on the bond shall accrue on that portion of principal disbursed by the Authority to the City which
has not been forgiven pursuant to the Order from the date such portion is disbursed, until paid, at the rate of 2.00%
per annum, payable April 1, 2021, and semi-annually thereafter.
The City agrees that it will deposit with the Authority’s Depository, or such other place as shall be
designated in writing to the City by the Authority payments of the principal of, premium, if any, and interest on this
bond in immediately available funds by 12:00 noon at least five business days prior to the date on which any such
payment is due whether by maturity, redemption or otherwise. In the event that the Authority’s Depository has not
received the City’s deposit by 12:00 noon on the scheduled day, the City shall immediately pay to the Authority as
invoiced by the Authority an amount to recover the Authority’s administrative costs and lost investment earnings
attributable to that late payment.
12
Section 17. Negotiated Sale; Application to EGLE and Authority; Execution of
Documents. The City determines that it is in the best interest of the City to negotiate the sale of
the Series 2020 Bond to the Authority because the State Revolving Fund financing programs
provide significant interest savings to the City compared to competitive sale in the municipal
bond market. The Authorized Officers are hereby authorized to make application to the
Authority and to the EGLE for placement of the Series 2020 Bond with the Authority. The
actions taken by the Authorized Officers with respect to the Series 2020 Bond prior to the
adoption of this Ordinance are ratified and confirmed. The Authorized Officers are authorized to
execute and deliver the Purchase Contract, the Supplemental Agreement and the Issuer’s
Certificate. Any Authorized Officer is further authorized to execute and deliver such contracts,
documents and certificates as are necessary or advisable to qualify the Series 2020 Bond for the
State Revolving Fund. Prior to the delivery of the Series 2020 Bond to the Authority, any
Authorized Officer is hereby authorized to make such changes to the form of the Series 2020
Bond contained in Section 18 of this Ordinance as may be necessary to conform to the
requirements of Act 227, Public Acts of Michigan 1985, as amended (“Act 227”), including, but
not limited to changes in the principal maturity and interest payment dates and references to
additional security required by Act 227.
Section 18. Covenant Regarding Tax Exempt Status of the Bonds. The City shall, to the
extent permitted by law, take all actions within its control necessary to maintain the exemption of
the interest on the Series 2020 Bond from general federal income taxation (as opposed to any
alternative minimum or other indirect taxation) under the Internal Revenue Code of 1986, as
amended (the “Code”), including, but not limited to, actions relating to any required rebate of
arbitrage earnings and the expenditure and investment of Series 2020 Bond proceeds and moneys
deemed to be Bond proceeds.
Section 19. Approval of Bond Counsel. The representation of the City by Miller,
Canfield, Paddock and Stone, P.L.C. (“Miller Canfield”), as bond counsel is hereby approved,
notwithstanding the representation by Miller Canfield of the Authority in connection with its
financing programs and borrowings.
Section 20. Approval of Bond Details. The Authorized Officers are each hereby
authorized to adjust the final bond details set forth herein to the extent necessary or convenient to
complete the transaction authorized herein, and in pursuance of the foregoing is authorized to
exercise the authority and make the determinations authorized pursuant to Section 7a(1)(c) of
Act 94, including but not limited to determinations regarding interest rates, prices, discounts,
maturities, principal amounts, denominations, dates of issuance, interest payment dates,
redemption rights, the place of delivery and payment, and other matters, provided that the
principal amount of Series 2020 Bond issued shall not exceed the principal amount authorized in
this Ordinance, the interest rate per annum on the Series 2020 Bond shall not exceed two percent
(2.00%) per annum, and the Series 2020 Bond shall mature in not more than twenty (20) annual
installments.
Section 21. Savings Clause. All ordinances, resolutions or orders, or part thereof, in
conflict with the provisions of this Ordinance are, to the extent of such conflict, repealed.
13
Section 22. Severability; Paragraph Headings; and Conflict. If any section, paragraph,
clause or provision of this Ordinance shall be held invalid, the invalidity of such section,
paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. The
paragraph headings in this Ordinance are furnished for convenience of reference only and shall
not be considered to be part of this Ordinance.
Section 23. Publication and Recordation. This Ordinance shall be published in full in the
Muskegon Chronicle, a newspaper of general circulation in the City qualified under State law to
publish legal notices, promptly after its adoption, and shall be recorded in the Ordinance Book of
the City and such recording authenticated by the signatures of the Mayor and the City Clerk.
Section 24. Effective Date. This Ordinance shall be effective upon its adoption and
publication.
ADOPTED AND SIGNED THIS 11th day of August, 2020.
Signed____________________________________
Mayor
Signed____________________________________
City Clerk
I HEREBY CERTIFY that the foregoing constitutes a true and complete copy of an Ordinance
duly adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan,
at a regular meeting held on the 11th day of August, 2020, and that said meeting was conducted
and public notice of said meeting was given pursuant to and in full compliance with the Open
Meetings Act, being Act 267, Public Acts of Michigan, 1976, as temporarily modified by
Governor Whitmer’s Executive Order No. 2020-154 and that the minutes of said meeting were
kept and will be or have been made available as required by said Act.
I further certify that the following Members were present at said meeting:
__________________________________________________________________________ and
that the following Members were absent:
________________________________________________________.
I further certify that Member _________________ moved for adoption of said
Ordinance, and that said motion was supported by Member _________________.
I further certify that the following Members voted for adoption of said Ordinance:
__________________________________________________________________________ and
that the following Members voted against adoption of said Ordinance:
________________________________.
14
I further certify that said Ordinance has been recorded in the Ordinance Book and that
such recording has been authenticated by the signatures of the Mayor and the City Clerk.
____________________________________
City Clerk
36312952.1\063684-00050
15
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 11, 2020 Title: Public Hearing on MNRTF Application
for Campbell Field
Submitted By: Leo Evans Department: Public Works
Brief Summary:
To receive public input on the attached plan for improvements at Campbell Field and to approve a
resolution to apply for grant funds under the Michigan Natural Resources Trust Fund Program with a
commitment of matching funds.
Detailed Summary:
Staff has submitted an application to MDNR through the Michigan Natural Resources Trust Fund
program to help fund the improvements at Campbell Field. The attached preliminary plan for
improvements at Campbell Field was prepared based on staff recommendations and stakeholder
feedback.
In light of the COVID-19 concerns MDNR allowed for public input on the plans to be received after the
initial application was submitted.
Staff also posted the plans to Facebook for comment in March of 2020, a summary of comments
received on the preliminary plan is included.
Matching funds for this project are derived from the Public Improvement Fund in future years and are
provided primarily via the PILOT extension that was approved for the Royale Glen Townhouses at the
11/26/2019 Commission Meeting. Proceeds from the PILOT Agreement are expected to provide
$156,000 in matching funds with any additional costs and in kind services to be provided by the City of
Muskegon.
Amount Requested: $200,000 for MDNR Amount Budgeted: $300,000 (Future Years)
Match + $100,000 for Engineering &
Contingencies
Fund(s) or Account(s): 404 Fund(s) or Account(s): 404
Recommended Motion:
Close public hearing and approve the resolution of authorization and commitment of matching
funds for the Michigan Natural Resources Trust Fund application at Campbell Field.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Campbell Field
Concept Plan
March 17, 2020
RAISED
LAWN
PLANTER
PLANTING ENHANCES PARK SIGN EXISTING PARKING ENTRY PLAZA Landscape Legend
WITH SEATING
SHADE TREE 68
-
URBAN FOREST EXISTING TREE 11
-
X
LAWN EXISTING SHELTER
ORNAMENTAL TREE 19
X
-
DOG PARK ENTRANCE
X PERENNIAL BED 8,114 sf
-
LAWN PLAZA CONNECTS
LAWN PARK SHELTER TO
PLAYGROUND POLLINATOR HABITAT 52,662 sf
X
URBAN FOREST
X
AND BALL FIELDS -
DOG PARK LAWN
0.48 AC
STORMWATER AREA 5,095 sf
-
X
FENCE
X X X
NEW PLAYGROUND
RESIDENTIAL
ING INFIELD NEW RESTROOM BUILDING
RAISE ELEVATION OF EXIST
X
TO IMPROVE DRAINAGE
0 100
50
EXISTING BUILDINGS
X
Feet
INSTALL UNDERDRAIN
POLLINATOR
HABITAT HELPS
BUFFER EXISTING
LL FIELD,
BASEBALL FIELD POSSIBLE FUTURE SOFTBA RESIDENCES
X
IF NEEDED
X
BLEACHERS, TYP.
T
STORMWATER TREATMEN
X X
X
NEW TRAIL CONNECTION
EXTEND SIDEWALK TO NEW TRAIL CONNECTION
Date: 7/14/2020
SEH: MUSKN-154652
CAMPBELL FIELD PARK IMPROVEMENTS
MUSKEGON, MI
PRELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST
Item Unit Total Quantity Unit Cost Total Cost
SITE PREPARATION
SITE CLEARING AND GRUBBING SY 2,000 $5.50 $ 11,000.00
PEDESTRIAN PAVING
CONCRETE PAVING (4" THICK) (DOES NOT INCLUDE SIDEWALKS IN PUBLIC ROW) SFT 27,000 $5.00 $ 135,000.00
FENCE & RAILING
DOG PARK ORNAMENTAL FENCING (6' PVC COATED) LFT 600 $30.00 $ 18,000.00
BASEBALL FIELD
UNDERDRAIN LF 1,800 $10.00 $ 18,000.00
TURF SEEDING SY 1,000 $6.50 $ 6,500.00
REGRADING SY 2,000 $3.00 $ 6,000.00
REPLACE INFIELD AGGREGATE CY 200 $400.00 $ 80,000.00
LANDSCAPING
TOPSOIL, SEED AND EROSION MATTING SY 5,000 $6.50 $ 32,500.00
SITE AMENITIES
PLAYGROUND LS 1 $105,400.00 $ 105,400.00
SUBTOTAL $401,400.00
1. This engineer's opinion of probable construction cost has been prepared based upon designs prepared by
Engineering & Design Fees (8%) $32,112.00
SEH.
2. This engineer's opinion of probable construction cost has been prepared based upon the engineer's
experience as a design professional and is furnished for information only. It does not constitute a guarantee of Construction Observation-RPR Fees (5%) $20,070.00
actual construction costs.
3.This engineer's opinion of probable construction cost does not include any professional design fees or permit
Construction Mobilization (7.5%) $30,105.00
fees.
4. This engineer's opinion of probable construction cost does not include construction supervision or inspection
Design-Construction Contingency (20%) $80,280.00
costs.
5. Construction Engineering and Mobilization and Demobilization assumed to be 7.5% of total project cost.
TOTAL $563,967.00
Michigan Department of Natural Resources – Grants Management
NOTICE OF INTENT FOR RECREATION GRANT PROJECTS
This information is requested by authority of Part 19, Act 451 of 1994, to be considered for a MNRTF grant.
1. Name of Project 2. Date
Campbell Field Recreational Improvements 03/17/2020
3b. Indicate below the representative of the applicant to contact for additional
3a. Identity of the applicant agency, organization, or individual:
information regarding this notice:
Name
City of Muskegon Leo Evans
Address (Street/PO Box)
1350 E Keating Ave
City, State, ZIP Code
Muskegon, MI 49442
Telephone
(231)724-6920
4a. Agency from which assistance will be sought: Name of Program: Public Law or USC#:
✔ Michigan Department of Natural Resources ✔ Michigan Natural Resources Trust Fund Part 19 of Act 451 of 1994
5. Estimated Cost: 6. Estimated date by which time the applicant expects to formally file an application:
04/01/2020
FEDERAL:
7. Geographic location of the project to be assisted: (indicate specific location
STATE: as well as city or county. Attach map if necessary).
Campbell Field - 1940 Barclay St. Located at the south/east corner of
OTHER: Barclay St and Young Ave, City of Muskegon, Michigan.
T10N,R17W, 36.
TOTAL:
8. Brief description of the proposed project. This will help the clearinghouse identify agencies of state or local government having plans, programs, or projects
that might be affected by the proposed project:
8a. Type of project:
Development project to improve the recreational opportunity available at Campbell Field by diversifying use, increasing accessibility, and
implementing sustainable landscape concepts.
8b. Purpose:
Low-use ball fields will be replaced by urban forest and pollinator habitat, creating plant species biodiversity and habitat opportunity. A newly
proposed 10ft wide ADA-accessible asphalt walking trail will connect Campbell Field with a large multi-faceted residential facility community.
The proposed walking trail will allow users an alternative entrance to the park that is safe and convenient while allowing them to interact with
and enjoy the proposed landscape changes. Other recreational improvements include- repairs to the ball-field, the addition of a dog park and
small ADA compliant playground and replacing the restroom facility.
8c. General size or scale:
8d. Beneficiaries (persons or institutions benefited):
Campbell Field is near the intersection of Nims, Campbell, Nelson and Marsh Neighborhoods, adjacent to schools and many
equal-opportunity apartments, senior living and assisted living centers. Campbell Field has the potential to serve a large and diverse group
of City of Muskegon residents. The park's poor field drainage, lack of accessibility and small spectrum of available recreational opportunities,
has led to low park use and attendance. This project aims to increase the use of this park by addressing park accessibility, diversifying
recreational use and implementing sustainable landscape concepts.
8e. Indicate the relationship of this project to plans, programs, and other activities of your agency and other agencies (attach separate sheet if necessary):
Campbell Field Recreational Improvements Improvements coincide with The City of Muskegon Parks and Recreation Master Plan Goals of -
providing City Parks to enhance and contribute to the urban living environment, providing accessible, enriching recreational opportunities
and experiences for all people and developing partnerships to maximize the use of recreational facilities within the City. Creating pollinator
habitat is a sustainable landscape practice The City of Muskegon has been implementing in many of their recent park and green space
improvements.
1 PR5750-2 (Rev. 02/14/2019)
Michigan Department of Natural Resources – Grants Management
AREA WIDE RECREATION AND PLANNING CLEARINGHOUSES
PLANNING REGION 1. SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS (SEMCOG)
LIVINGSTON, MACOMB, MONROE, OAKLAND, ST. CLAIR, WASHTENAW, & WAYNE COUNTIES 1001 WOODWARD AVE., SUITE 1400
NOTE: Paper submissions will be denied. Submit by email: infocenter@semcog.org (include DETROIT, MI 48226-1904 PHONE: (313) 961-4266 FAX: (313) 961-4869
email receipt with application)
PLANNING REGION 2. REGION 2 PLANNING COMMISSION
HILLSDALE, JACKSON, & LENAWEE COUNTIES JACKSON COUNTY TOWER BLDG., 9TH FLOOR
120 W MICHIGAN AVE.
JACKSON, MI 49201 PHONE: (517) 788-4426 FAX: (517) 788-4635
PLANNING REGION 3. SOUTH CENTRAL MICHIGAN PLANNING COUNCIL
BARRY, BRANCH, CALHOUN, KALAMAZOO, & ST. JOSEPH COUNTIES 300 S WESTNEDGE AVE
KALAMAZOO, MI 49007 PHONE: (269) 385-0409 FAX:
PLANNING REGION 4. SOUTHWEST MICHIGAN PLANNING COMMISSION
BERRIEN, CASS, & VAN BUREN COUNTIES 376 WEST MAIN STREET, SUITE 130
BENTON HARBOR, MI 49022-3651 PHONE (269) 925-1137 FAX: (269) 925-0288
PLANNING REGION 5. GLS REGION V PLANNING AND DEVELOPMENT COMMISSION
GENESEE, LAPEER, & SHIAWASSEE COUNTIES 1101 BEACH ST., ROOM 223
FLINT, MI 48502-1470 PHONE: (810) 257-3010 FAX: (810) 257-3185
PLANNING REGION 6. TRI-COUNTY REGIONAL PLANNING COMMISSION
EATON, INGHAM, & CLINTON COUNTIES 3135 PINE TREE ROAD, SUITE 2C
LANSING, MI 48911-4234 PHONE: (517) 393-0342 FAX: (517) 393-4424
PLANNING REGION 7. EAST MICHIGAN COUNCIL OF GOVERNMENTS
ARENAC, BAY, CLARE, GLADWIN, GRATIOT, HURON, IOSCO, ISABELLA, MIDLAND, OGEMAW, 3144 DAVENPORT AVE., SUITE 200
ROSCOMMON, SAGINAW, SANILAC & TUSCOLA COUNTIES SAGINAW, MI 48602-3494 PHONE: (989) 797-0800 FAX: (989) 797-0896
PLANNING REGION 8. WEST MICHIGAN REGIONAL PLANNING COMMISSION
ALLEGAN, IONIA, KENT, MECOSTA, MONTCALM, OSCEOLA, & OTTAWA COUNTIES 1345 MONROE AVENUE, NW, SUITE 255
GRAND RAPIDS, MI 49505-4670 PHONE: (616) 774-8400 FAX: (616) 774-0808
PLANNING REGION 9. NORTHEAST MICHIGAN COUNCIL OF GOVERNMENTS
ALCONA, ALPENA, CHEBOYGAN, CRAWFORD, MONTMORENCY, OSCODA, OTSEGO, & 80 LIVINGSTON BLVD., SUITE U-108
PRESQUE ISLE COUNTIES GAYLORD, MI 49734 PHONE: (989) 705-3730 FAX: (989) 732-5578
PLANNING REGION 10. NORTHWEST MICHIGAN COUNCIL OF GOVERNMENTS
ANTRIM, BENZIE, CHARLEVOIX, EMMET, GRAND TRAVERSE, KALKASKA, LEELANAU, PO BOX 506
MANISTEE, MISSAUKEE, & WEXFORD COUNTIES TRAVERSE CITY, MI 49685-0506 PHONE (231) 929-5000 FAX: (231) 929-5012
PLANNING REGION 11. EASTERN UPPER PENINSULA REGIONAL PLANNING AND DEVELOPMENT COMMISSION
CHIPPEWA, LUCE, & MACKINAC COUNTIES 1118 E. EASTERDAY AVE.
SAULT STE. MARIE, MI 49783 PHONE: (906) 635-1581 FAX: (996) 635-9582
PLANNING REGION 12. CENTRAL UPPER PENINSULA PLANNING AND DEVELOPMENT REGIONAL COMMISSION
ALGER, DELTA, DICKINSON, MARQUETTE, MENOMINEE, & SCHOOLCRAFT COUNTIES 2950 COLLEGE AVE.
ESCANABA, MI 49829 PHONE: (906) 786-9234 FAX: (906) 786-4442
PLANNING REGION 13. WESTERN UPPER PENINSULA REGIONAL PLANNING AND DEVELOPMENT COMMISSION
BARAGA, GOGEBIC, HOUGHTON, IRON, KEWEENAW, & ONTONAGON COUNTIES 326 SHELDON AVE.
PO BOX 365
HOUGHTON, MI 49931 PHONE: (906) 482-7205 FAX: (906) 482-9032
PLANNING REGION 14. WEST MICHIGAN SHORELINE REGIONAL DEVELOPMENT COMMISSION
LAKE, MASON, MUSKEGON, NEWAYGO, & OCEANA COUNTIES PO BOX 387 / 316 MORRIS AVE., SUITE 340
MUSKEGON, MI 49443-0387 PHONE: (231) 722-7878 FAX: (231) 722-9362
2 PR5750-2 (Rev. 02/14/2019)
City of Muskegon
RESOLUTION
SUPPORT OF
APPLICATION FOR CAMPBELL FIELD RECREATIONAL IMPROVEMENTS
WHEREAS, Muskegon City Commissioner supports the submission of an application titled,
“Campbell Field Recreational Improvements” to the Michigan Natural Resources Trust Fund for
development of ball field modifications, the addition of a dog park, and paved walking trail,
with replacement of the existing playground equipment; and,
WHEREAS, the proposed application is supported by the Community’s 5-year Approved Parks
and Recreation Plan; and,
WHEREAS, the City of Muskegon is hereby making a financial commitment to the project in the
amount of $200,000 matching funds in cash and/or force account; and
NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners hereby authorizes
submission of a Michigan Natural Resources Trust Fund Application for $200,000, and further
resolves to make available its financial obligation amount of $200,000 of a total $400,000
project cost during the 2021-2022 fiscal year.
Ayes:
Nayes:
Absent:
Motion Approved.
Dated this ______ of _______ 20__.
________________________________
Stephen J. Gawron
Mayor
_________________________________
Ann Marie Meisch
City Clerk
Campbell Field – Public Input Received
Kashara Roberts
(Softball Little League)
ADDRESS???
Via telephone (231-769-5333) to Leo Evans on 3/23/2019
Kashara requested to have one field remain for softball and was concerned about the usability of a dual purpose field
for baseball and softball. She also requested to be notified prior to any demolition so they can salvage their
equipment from the storage rooms they utilize at the field.
Harold Kiel
(Campbell Field Neighborhood Association)
ADDRESS???
Via telephone (231-759-4505) to Leo Evans on 3/23/2019
Harold complimented the overall plan for the site and felt it would be a big improvement over the current uses. He
also requested follow up with the apartment complex to the south of the property to have them stop storing brush
and yard waste against the fence line that is shared with Campbell Field.
Brad Hastings
(Disability Network West Michigan)
ADDRESS???
Via Email to Leo Evans on 3/19/2019
Play Area
What type of surface are you planning to use?
The drawing key seems to indicate that there are no elevated play elements, but according to the definition provided
by the Access Board, you have:
3 slides
1 rock wall
2 climbers
2 play elements on the structure
These all qualify as elevated play components as the definition below indicates. Now, these items are not required to
have ramp access as there are under 20 elevated components, but transfer access really only works for people who
have sufficient upper body strength to lift themselves up each stair onto the structure. Would you consider providing
ramped access to the elevated play components?
Whole Park Concept
Will there be accessible seating areas near the bleachers?
How many accessible parking spots will there be?
Is the trail that goes around the edge of the park and into the middle paved?
Can you provide clarification on which areas of the park will be paved?
- We want to be sure that there is an accessible route to each of the elements of the park (dog park, play area,
bathrooms, baseball field, etc)
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 11, 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"
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MUSKEGON, MICHIGAN 49440
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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
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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
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3815 Plaza Drive
Ann Arbor, Michigan 48108
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POLE ELEVATION
ANTENNA/APPURTENANCE LOCATION CHART
1
2
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ANTENNA STANDOFF MOUNT
MICROWAVE DISH MOUNT
2
1
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CHAINLINK FENCE DETAIL AND NOTES - NOT TO SCALE
BARBED WIRE DETAIL
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·
·
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
Institutional • Municipal
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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
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MIDWESTERN
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TOWER GROUNDING DETAIL
1
FENCE POST AND GATE GROUNDING DETAILS
2
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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
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 11, 2020 Title: Designation of Voting Delegates for the
Michigan Municipal League Annual Meeting
Submitted By: Ann Marie Meisch, City Clerk Department: City Commission
Brief Summary: To designate, by action of the Commission, one of our officials who will be in
attendance at the Convention as an official representative to cast the vote of the municipality at the
Annual Meeting; and, if possible, to designate one other official to serve as an alternate.
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To appoint an official representative and alternate representative to be in
attendance and to cast the vote of the municipality at the Annual Business Meeting of the Michigan
Municipal League Convention.
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: August 11, 2020 Title: Small Retailer Assistance Program
Submitted By: LeighAnn Mikesell Department: Development Services
Brief Summary: Staff is seeking approval of the establishment of a small retailer assistance
program
Detailed Summary: CDBG funds in 2019 and 2020 have been allocated to assist in the creation of
more small retail businesses downtown and to aid existing small retail businesses negatively
impacted by COVID-19. Staff have developed a program to award these funds as outlined below.
The Small Retailer Assistance Program will offer one of two incentives to assist in the creation of a
new small retail business downtown. These incentives include the Rental Assistance Grant and the
Retail Renovation Grant. Both grants require a 50% match with a maximum grant of $5,000.
Two additional incentives are being made available to existing small retail businesses negatively
impacted by COVID-19. A CV Rental Assistance Grant and a CV Capital Grant are being offered.
Both grants require a 25% match with a maximum grant of $5,000.
Businesses must be located within the Downtown Development Authority District to qualify.
Amount Requested: $60,000 + CDBG-CV Amount Budgeted: $60,000 + CDBG-CV
Fund(s) or Account(s): CDBG and CDBG-CV Fund(s) or Account(s): CDBG and CDBG-CV
Recommended Motion: Approve the establishment of the small retailer assistance program.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
SMALL RETAILER ASSISTANCE PROGRAM
MISSION
To assist in the creation of more small retail businesses downtown and to aid existing small
retail businesses negatively impacted by COVID-19.
TERMS
The Small Retailer Assistance Program will offer one of two incentives to assist in the creation
of a new small retail business downtown. These incentives include the Rental Assistance Grant
and the Retail Renovation Grant. Both grants require a 50% match with a maximum grant of
$5,000.
Two additional incentives are being made available to existing small retail businesses negatively
impacted by COVID-19. A CV Rental Assistance Grant and a CV Capital Grant are being
offered. Both grants require a 25% match with a maximum grant of $5,000.
Businesses must be located within the Downtown Development Authority District to qualify.
Rental Assistance Grant
The Rental Assistant Grant is intended to help small retailers open new storefronts in traditional
brick and mortar buildings downtown. Grantees will be reimbursed 50% of their monthly rent, up
to a total of $5,000.
ELIGIBILITY
To be eligible, the business must:
• Employ no more than five people.
• Offer retail goods for sale. Restaurants and service industries are excluded, unless at
least 50% of sales are generated from retail merchandise (excluding prepared food).
• Have an executed rental agreement and agree to pay no more than $12/sf.
• Prove the need for financial assistance.
• Be new to the City of Muskegon. The owner may not operate other businesses within the
city limits. However, existing micro-retailers with under 300 sf of space are still eligible as
long as they move into a larger space with their own street frontage.
• Locate within the Downtown Development Authority District in a retail suite that is visible
from the street. Grants are not eligible for businesses locating in an incubator / Co-op.
REVIEW CRITERIA
All applications are reviewed on a competitive basis and not every proposal will be approved.
The review process will take place once all the required documentation and supporting evidence
is submitted. Incomplete applications will not be considered.
The following criteria will be used:
• Economic Impact – The applicant will demonstrate how this business will provide
consumers with a needed brick and mortar retail option.
• Business Plan – The plan must show how the grant will impact business operations and
also how the business will adapt once the grant expires.
• Financial Evidence – The applicant will submit evidence for the need of financial
assistance.
PROCESS
1. The business owner must submit an application to the City of Muskegon Planning
Department. Applications may be submitted at any time and grants will be approved on a
competitive basis.
2. Approved applicants will enter into a grant agreement with the City.
3. The business will be reimbursed monthly (up to 50% of rent) upon providing receipt of
paid rent.
Retail Renovation Grant
The Retail Renovation Grant is intended to assist in the creation of more rentable retail spaces
downtown for small businesses. Grantees will be reimbursed 50% (up to $5,000) of the
renovation costs associated with upgrading a defunct space into a usable retail suite.
ELIGIBILITY
To be eligible, the applicant must:
• Renovate a building to provide rental space for small retailers.
• Provide a retail storefront that is visible from the street.
• Offer the retail space for rent for no more than $12/sf.
REVIEW CRITERIA
All applications are reviewed on a competitive basis and not every proposal will be approved.
The review process will take place once all the required documentation and supporting evidence
is submitted. Incomplete applications will not be considered.
The following criteria will be used:
• Project Description – The applicant will describe the extent of the renovations and
provide a description of the finished space.
• Economic Impact – The applicant will demonstrate how this renovation will provide a
small retailer an affordable rental option.
• Estimates – The applicant must provide estimates for the renovation work.
PROCESS
1. The building or business owner must submit an application to the City of Muskegon
Planning Department.
2. Approved applicants will enter into a grant agreement with the City.
3. The applicant will hire a licensed contractor to perform the renovations stated in the
application.
4. The applicant will be reimbursed the grant money (up to 50% of renovation costs) upon
providing receipt of payment of the renovation and proof of finalized building permits.
CV Rental Assistance Grant
The CV Rental Assistant Grant is intended to help existing small retailers continue operations in
storefronts located in traditional brick and mortar buildings downtown. Grantees will be
reimbursed 75% of their monthly rent, up to a total of $5,000.
ELIGIBILITY
To be eligible, the business must:
• Employ no more than five people.
• Offer retail goods for sale. Restaurants and service industries are excluded, unless at
least 50% of sales are generated from retail merchandise (excluding prepared food).
• Have an executed rental agreement and agree to pay no more than $12/sf.
• Prove the need for financial assistance.
• Be located within the Downtown Development Authority District in a retail suite that is
visible from the street. Grants are not eligible for businesses locating in an incubator /
Co-op.
• Be an existing small business within the City of Muskegon negatively impacted by
COVID-19.
REVIEW CRITERIA
All applications are reviewed on a competitive basis and not every proposal will be approved.
The review process will take place once all the required documentation and supporting evidence
is submitted. Incomplete applications will not be considered.
The following criteria will be used:
• Economic Impact – The applicant will demonstrate how this business will provide
consumers with a needed brick and mortar retail option.
• Business Plan – The plan must show how the grant will impact business operations and
also how the business will adapt once the grant expires.
• Financial Evidence – The applicant will submit evidence for the need of financial
assistance.
• COVID-19 Impact – The owner must demonstrate greater than 50% business loss
compared to prior months/years associated with health impacts from COVID-19 or
resulting from executive orders reducing capacity or hours of operation.
PROCESS
1. The business owner must submit an application to the City of Muskegon Planning
Department. Applications may be submitted at any time and grants will be approved on a
competitive basis.
2. Approved applicants will enter into a grant agreement with the City.
3. The business will be reimbursed monthly (up to 75% of rent) upon providing receipt of
paid rent.
CV Capital Grant
The CV Capital Grant is intended to help existing small retailers continue operations in
storefronts located in traditional brick and mortar buildings downtown. Grantees will be
reimbursed 75% of their expenses up to a total of $5,000 for renovations associated with
modifying their storefronts in response to new distancing guidelines and reduced capacity due
to COVID-19.
ELIGIBILITY
To be eligible, the business must:
• Employ no more than five people.
• Offer retail goods for sale. Restaurants and service industries are excluded, unless at
least 50% of sales are generated from retail merchandise (excluding prepared food).
• Operate a retail storefront located within the Downtown Development Authority District
that is visible from the street. Grants are not eligible for businesses located in an
incubator / Co-op.
• Prove the need for financial assistance.
• Be an existing small business within the City of Muskegon negatively impacted by
COVID-19.
REVIEW CRITERIA
All applications are reviewed on a competitive basis and not every proposal will be approved.
The review process will take place once all the required documentation and supporting evidence
is submitted. Incomplete applications will not be considered.
The following criteria will be used:
• Project Description – The applicant will describe the extent of the renovations and
provide a description of how the revised finished space meets new COVID related
guidelines.
• Estimates – The applicant must provide estimates for the renovation work.
• Financial Evidence – The applicant will submit evidence for the need of financial
assistance.
PROCESS
1. The business owner must submit an application to the City of Muskegon Planning
Department. Applications may be submitted at any time and grants will be approved on a
competitive basis.
2. Approved applicants will enter into a grant agreement with the City.
3. The applicant will hire a licensed contractor to perform the renovations stated in the
application.
4. The applicant will be reimbursed the grant money (up to 75% of renovation costs) upon
providing receipt of payment of the renovation and proof of finalized building permits.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 11, 2020 Title: Purchase Agreement 1188 4th St
Submitted By: Frank Peterson Department: City Manager
Brief Summary: City staff is seeking authorization to enter into the purchase agreement with
LeighAnn Mikesell, a City of Muskegon employee.
Detailed Summary: 1188 4th Street was a regular area of concern among neighbors. In an attempt
to help mitigate the concerns, the City purchased the property and completed a renovation. The
property was listed on the MLS for $229,900; an offer was accepted for $225,000. Staff is seeking
permission to approve the purchase agreement and complete the sale. Note that this property is
part of the scattered site brownfield project. Any difference in sales price and renovation cost will
be recovered via tax capture.
In order to comply with state and local conflict of interest concerns, Ms. Mikesell has submitted a
letter to the mayor disclosing her interest in the property and outlining the benefits of this sale to
her and to the City. The letter has been noticed to the public along with the agenda for the
commission meeting.
The sale can only be approved by a unanimous vote of all commissioners.
If approved, the minutes of the commission meeting must disclose the name of each party involved
in the contract, the terms of the contract, the nature of the financial interest of the public servant
with the conflict, and that the sale is in the best interests of the City.
Amount Requested: None at this time Amount Budgeted: $0
Fund(s) or Account(s): Public Improvement Fund(s) or Account(s): Public Improvement
Recommended Motion: Declare that the sale is in the best interests of the City to sell the property
to Ms. Mikesell and authorize the City Manager to sign the purchase agreement and complete the
sale.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
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WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
#
DATE: 07/10/2020 , 10:00 PM (time) MLS # 20017194
SELLING OFFICE: Five Star Real Estate BROKER LIC.#: 6503385486 REALTOR® PHONE: 231-557-1137
LISTING OFFICE: Coldwell Banker Woodland Schmidt Muskegon REALTOR® PHONE: 231-733-4455
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: Barbara Holt Email: barbholthomes@gmail.com Lic.#: 6501272913
Alternate Selling Agent Name: Email: Lic.#:
3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
Buyer has received the Seller’s Disclosure Statement, dated 05/12/2020 . Seller certifies to Buyer that the Property
is currently in the same condition as Seller previously disclosed in that statement. Seller agrees to inform Buyer in writing of any
changes in the content of the disclosure statement.
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)
1188 4th Street Muskegon 49441
with the following legal description and tax parcel ID numbers:
Legal: CITY OF MUSKEGON REVISED PLAT OF 1903 W 92 FT LOT 8 BLK 367
PP# Tax ID #: 24205367000800 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) ALL 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 Day of Close , of the proposed division to create the Premises.
6. Purchase Price: Buyer offers to buy the Property for the sum of $ 225,000
two hundred twenty-five thousand U.S. Dollars
7. Seller Concessions, if any: NONE
8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.)
SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below
are currently available to Buyer in cash or an equally liquid equivalent.
If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within
three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall
receive a refund of Buyer’s 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 Conventional type 15 (year) mortgage in the amount of 80 % of the Purchase Price
bearing interest at a rate not to exceed Current % 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 3 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
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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:
Dishwasher; Garbage Disposal; Microwave; Range; Refrigerator: Washer; Dryer; All Window Treatments; Ceiling Fans; Garage Remotes
but does not include:
Any personal property currently in home or on premises
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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:
N/A
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:
N/A City Systems
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
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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 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:
NONE
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
08/10/2020 . 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.
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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 5:00 PM (time) on
07/11/2020 (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 $ 2500.00
shall be submitted to Five Star Real Estate Norton Shores (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:
Home must appraise at or above purchase price.
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.
1188 4th St, Muskegon, MI 49441 07/10/2020 10:00 PM
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations LM FP
Revision Date 2/2020 07/10/20 Buyer’s Initials 07/15/20 Seller’s Initials
10:03 PM EDT 9:31 AM EDT
dotloop verified dotloop verified
dotloop signature verification: dtlp.us/Awxy-oJnS-WsJ8
West Michigan Regional Purchase Agreement Page 6 of 6
30. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
dotloop verified
LeighAnn Mikesell 07/10/20 10:03 PM
Buyer 1 Address 1558 E. Harbour Towne Circle Muskegon, MI 49441 X EDT Buyer
Buyer 1 Phone: (Res.) (Bus.) 231-343-3830 LeighAnn Mikesell
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:
Quit Claim Deed
Counteroffer, if any, expires 07/15/2020 , at 6pm (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: 131 Seaway Drive, Muskegon, MI 49444 Listing Broker License # 6505346469
Listing Agent Name: mary jamieson& Charlotte barnes evans Listing Agent License # 6501432199&6501294351
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. dotloop verified
X (Seller’s Signature, Date, Time): Frank Peterson 07/15/20 9:31 AM EDT
6TIE-XSEC-ZD7U-UP6M
Frank Peterson, City Mgr., 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: 1188 4th St, Muskegon, MI 49441 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.
dotloop verified
X (Buyer’s Signature, Date, Time): LeighAnn Mikesell 07/15/20 4:55 PM
EDT
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):
1188 4th St, Muskegon, MI 49441 07/10/2020
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations LM FP
Revision Date 2/2020 07/10/20 Buyer’s Initials 07/15/20 Seller’s Initials
10:03 PM EDT 9:31 AM EDT
dotloop verified dotloop verified
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 10, Work Title: Groundwater Ordinance Amendment
Session and August 11 Regular Meeting
Submitted By: Mike Franzak Department: Planning
Brief Summary: They City has received a petition from Consumers Energy to designate the Veterans
Memorial Park parcel under the water supplies ordinance. The ordinance prohibits the use of
groundwater wells and secondary water supplies under certain circumstances and in certain
locations, to prevent exposure to contaminated groundwater, as well as to prevent wells from
influencing the movement of contaminated water.
Detailed Summary:
Notice was sent to the only affected address (Veterans Memorial Park) prior to this meeting.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the amendment groundwater ordinance as presented.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Rev. 12/23/10
City of Muskegon
Petition To Designate Affected Premises Under
Water Supplies Ordinance
The City of Muskegon passed a groundwater protection ordinance (Ordinance No. 1133) on August 26,
1997. This groundwater protection ordinance has been amended since that time as affected premises have
been added, and is part of the City of Muskegon’s City Code of Ordinances, Chapter 34, Section 34-61 et.
seq. The ordinance prohibits the use of groundwater wells and secondary water supplies under certain
circumstances and in certain locations, to prevent exposure to contaminated groundwater, as well as to
prevent wells from influencing the movement of contaminated water. No groundwater wells may be
installed or used on affected premises unless the use of such well is solely for commercial or industrial
non-contact cooling or processing purposes (with mandatory Department of Natural Resources &
Environment or DNRE (formerly DEQ) and local approvals), construction de-watering, DNRE or EPA-
approved groundwater monitoring or remediation systems, or a public emergency.
If the Petitioner is requesting that the City amend the ordinance to add one or more affected premises to
the City’s list, the following information must be provided in full, along with a nonrefundable $500
processing fee. Please note that no action will be taken on your Petition until all requested materials have
been submitted to the City Planning Department, in duplicate (provide two (2) complete copies). Please
note that the Petitioner must obtain written concurrence from the DNRE that use of the groundwater
protection ordinance is appropriate before the petition will be submitted to the City Commission.
1. Name and address of Petitioner: Name/telephone of contact person:
_________________________________
Consumers Energy Company _________________________________
Michelle Marion
_________________________________
One Energy Plaza _________________________________
517-937-9407
_________________________________
Jackson, MI 49201 _________________________________
_________________________________ _________________________________
Status relative to source of contamination:
Owner
Operator
Other: ________________________
2. Common Name and Address of
Source of Contamination: Parcel Identification Number:
_________________________________
BC Cobb 4&4A Type III Landfill _________________________________
61-24-117-100-0001-00
_________________________________
151 North Causeway
_________________________________
_________________________________
3. The following documents must be attached. Place a check in the space provided to indicate that
the requested materials have been included in this Petition packet (use NA to designate items that
are not applicable).
____
X Legal description of source or site of contamination.
____ Name, address, and telephone number of each person having an interest as owner or
X
occupant of the property which is the source or site of contamination.
B:\GW Ordinance Petition updated Dec 2010.DOC
1
Rev. 12/23/10
X
____ A clear statement of the nature and extent of contamination, identifying the types and
concentrations of contaminants, the likely or anticipated path of migration of the
contaminants if not remediated (as well as a detailed statement of any plan to remediate,
correct, and/or contain the contamination).
X
____ Completed Summary table (see below).
____
X List of street addresses, legal descriptions, and parcel I.D. numbers for all affected
premises (other than source of contamination).
X
____ List of names, addresses (mailing and street), and telephone numbers of all persons with an
interest as owner or occupant of all affected premises (other than source of contamination).
X
____ A scaled map showing the boundary lines of all affected premises covered by this Petition.
The map must also show building/structure outlines, groundwater well locations, parking
lots, roads, estimated direction of groundwater flow, and estimated location and extent of
the contaminant plume(s). See Summary Table below for description of additional
contaminant information required.
X
____ A description of the current status, and usage characteristics of all existing groundwater
wells known to the Petitioner within all proposed affected premises.
X
____ A description and time schedule for any actions the Petitioner will take to properly close
and abandon any existing wells subject to the use prohibition within the restricted zone.
X
____ Written documentation from the DNRE indicating approval of the usage of the
groundwater protection ordinance as an institutional control.
Summary Table
A B C D E
Hazardous Substance CAS No. Sample Loc. Max. Conc. Migration Direction
Boron 7440428 MW-307 1,770 ug/L WSW
Note: Attach additional sheets, as necessary.
Column A: Name of the hazardous substance
Column B: Chemical Abstract Service (CAS) Number for the hazardous substance
Column C: Sample location for Column D (show on site map)
Column D: Maximum hazardous substance concentration measured on the property, including units of
measurement
Column E: Direction of contaminant migration, if known
B:\GW Ordinance Petition updated Dec 2010.DOC
2
Please find the following in responses to question number 3 on the City of Muskegon Petition to
Designate Affected Premises Under Water Supplies Ordinance:
• Legal description of the source or site of contamination, which includes the Consumers Energy
and the Michigan Electric Transmission Company, LLC which have an interest in the property –
See Exhibit A of the attached BC Cobb Plant Ponds 4 &4 A Restrictive Covenant.
• Clear statement of the nature and extent of contamination, identifying the types and
concentrations of contaminants, the likely or anticipate path of migration of the contaminants if
not remediated (as well as a detailed statement of any plan to remediate, correct, and/or
contain the contamination). - See attached October 22, 2019 report by Golder on the Results of
the Groundwater Quality Testing at Veterans Memorial Park Pond. In summary, arsenic was
determined to be above the drinking water standard but inconsistent with the distribution of
other ash constituents and thus determined to be from an alternate source, likely the highly
organic peat seams. Boron was measured below the generic GSI criteria but above the drinking
water criteria (which is based on phytotoxicity, not human health, concerns). Groundwater in
general moves from outside the west side of Cobb 4&4A toward Veterans Memorial Park as
show in the groundwater elevation contours of the above referenced report.
• Completed Summary table – completed
• List of names and address of all persons with an interest as owner or occupant - There are only
two owners that are also included in the attached Notice of Migration:
Muskegon County
Steve Fink, P.E., Public Works Engineer / Project Manager
131 E. Apple Avenue, 4th Floor
Muskegon, MI 49442
Phone: 231-724-6522
Property Tax ID Number: 61-24-117-100-0002-00
Michigan Department of Transportation
Muskegon, MI
Property Tax ID Number: Not applicable
• Scaled map – See attached
• A description of the current status and usage characteristics of all existing groundwater wells
known to the Petitioner within all proposed affected premises – There are only 4 wells that are
used for groundwater monitoring only.
• A description and time schedule for any action the Petitioner will take to properly close and
abandon any existing wells subject to the use prohibition within the restricted zone. – There are
no wells that need to be abandoned. There are only groundwater monitoring wells.
• Written EGLE documentation was provided via e-mail by Mr. Fred Sellers, District Supervisor, on
July 21, 2020 (see attached).
For DEQ Use Only
IT S # _____________
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY Site ID#___________
« REMEDIATION AND REDEVELOPMENT DIVISION Category Code:_____
NOTICE OF MIGRATION OF CONTAMINATION (FORM EQP4482 REV. 4/16)
(Under the authority of Part 201, Natural Resources and Environmental Protection Act, 1994 Act 451, as amended,
(NREPA) and the Rules promulgated thereunder)
An owner or operator of property that is a facility, and/or who is subject to MCL324.20107a, and who has reason to
believe that a hazardous substance is emanating from, has emanated from, oris likely to be emanating from the property
and migrating beyond the boundaries of the property that he or she owns or operates is required under R 299.51017(1)
and MCL 324.20114(1)(b)(ii) & (Hi) to notify the Michigan Department of Environmental Quality (DEQ) and affected
property owners. Submission of this notice does not fulfill the notification requirements of MCL 324.21309a.
The notice must be provided within 45 days (MCL 324.20107a) or within 30 days (MCL 324.20114) after the owner or
operator has reason to believe that hazardous substances have migrated, or are likely to have migrated, to or beyond the
boundary of his or her property (see R 299.51017 for exceptions that apply to parties subject to MCL 324.20107a).
Use of this form is mandatory for the notice required by R 299.51017(1) and may also be used by parties subject to MCL
324.20114(1)(b)(ii) & (iii). This form may also be used to provide notice to affected property owners as required by those
rules.
If a person holds a permit for an oil and gas well under Part 615, Supervisor of Wells, of the NREPA and there is a release
from the oil and gas exploration or production activities, that person shall give notice to the DEQ and to the owner of the
surface rights of the property.
If a person holds an easement and there is a release from the easement holder’s activities, that person shall provide
notice to the DEQ and to the grantor of the easement, or the grantor’s successor in interest, if any.
Completing this notice in no way relieves a person who is subject to MCL 324.20114 from the responsibility to undertake
required response activities.
This notice must be sent to the DEQ office that serves the county in which the property is located. A list of DEQ
offices is available at www.michiqan.gov/deqduecare. or by calling the Remediation and Redevelopment Division’s
Lansing office at 517-284-5187. The DEQ will not prepare acknowledgement of receipt of these notices. The sender
is responsible for sending the report using a method that provides proof of delivery if such proof is desired. Please
label the outside of the envelope “Migration Notice.” Additional guidelines for the compliance with the requirements
of R 299.51017(1) or MCL 324.20114(1 )(b)(ii) & (iii) are available at www.michiqan.gov/deqduecare.
THIS NOTICE IS PROVIDED PURSUANT TO: R 299.51017 □ MCL 324.20114(1) [E]
(check both, if applicable)
Please provide the following information as completely as possible.
1. Name and location of the property that hazardous 2. Status relative to the property:
substances are emanating from: (Check one or both, as applicable.)
Name: Consumers Energy Company Owner [El
Address: North Causeway (N.B. M-120) Operator [El
Location: Closed Area 4&4A Landfill
City/County: Muskegon/Muskegon County
Property Tax Identification Number, or if applicable, the ward and item number: 61-24-117-100-0001-00
Latitude (decimal degrees): 43.2608 Longitude (decimal degrees): -86.2395
Reference Point for Latitude and Longitude:
Center of Site: [El Main/front door: Q Front gate/main entrance: Q Other: □
Collection Method: Survey: □ Interpolation: IE] GPS: □
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
REMEDIATION AND REDEVELOPMENT DIVISION
2. Provide any additional ID numbers associated with the property (e.g., EPA ID No., BEA No., Part 213 facility ID No.,
etc.):
WDS 398018, Consent Order 115-04-31-01-05, and Modification of Consent Order 115-04-31-01-05-16A
3. Name, address, and telephone number of the property owner, operator, or other party submitting the notice:
Name: Consumers Energy Company
Address: 1945 West Parnall Road
City/State: Jackson, Ml 49201
Telephone Number: See below
4. Name, address and telephone number of a contact person familiar with the content of the notice:
Name: Michelle Marion (michelle.marion@cmsenergy.com)
Address: 1945 West Parnall Road
City/State: Jackson, Ml 49201
Telephone Number: (517) 788-5824
5. If this Notice is provided pursuant to R 299.51017, provide the address and other location information for the adjacent
property(s) onto which contamination is migrating, has migrated, or is likely to migrate.
If this Notice is provided pursuant to MCL Section 324.20114(1), provide the address and other location information for
each property onto which contamination has migrated. Notice should be sent to the property owner of record. If the
impacted property is owned by the State of Michigan, notice should be sent to the department managing the property
(e.g., a prison, state park, etc.). Notices to the Michigan Department of Transportation (MDOT) for state owned
roadways should be sent to Contaminated Site Specialist, Environmental Services Section, MDOT-Bureau of
Development, 425 W. Ottawa Street, P.O. Box 30050, Lansing, Ml 48909. If the impacted property is owned by the
State of Michigan, notice should be sent to the department managing the property (i.e. a prison, state park, etc.).
Address: Michigan Department of Transportation Notified? No □ Yes IKI Date: Oct 28, 2019
(MDOT) (M-120 right-of-way located immediately
south/southwest of the site)
City/State: Muskegon, Ml
Property Tax ID number: Not applicable
Other:
Address: Veterans Memorial Park Notified? No □ Yes [El Date: Sept 13, 2019
City/State: Muskegon, Ml
Property Tax ID number: 61-24-117-100-0002-00
Other: Northbound M-120
Address: Notified? No □ Yes □ Date:
City/State:
Property Tax ID number:
Other:
Address: Notified? No □ Yes □ Date:
City/State:
Property Tax ID number:
Other:
Address: Notified? No Q Yes Q Date:
City/State:
Property Tax ID number:
Other:
EQP 4482, Page 2 of 5 (REV 4/2016)
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
*& £ REMEDIATION AND REDEVELOPMENT DIVISION
6. Complete the Table on Page 3 of this Form for each hazardous substance which has migrated, or is likely to have
migrated, beyond the property boundary at a concentration that exceeds a Generic Residential Cleanup Criterion
developed by the DEQ pursuant to MCL 324.20120a(1). Complete and attach additional copies of Page 3, if
necessary, to list all hazardous substances that must be reported. Include a scaled map or drawing that shows the
location of sampling points identified on the Table on Page 3, the property boundaries, and the adjacent property
owners if providing notice pursuant to R 299.1017(1) or all impacted property owners if providing notice pursuant to
MCL 324.20114(1).
7. Provide a summary of the information which shows that contamination is emanating from, or has emanated from, and
is present beyond the boundary of the source property at a concentration which exceeds the generic residential
criteria developed by the DEQ pursuant to MCL 324.20120a(1)(a). This summary shall identify the environmental
media affected, specific hazardous substances, and the concentrations of those hazardous substances in all affected
environmental media at the property boundary and in any sample locations beyond the property boundary. The
summary shall also describe the basis for the conclusion that the contamination is emanating, has emanated, or is
present beyond the boundary of the source property, including whether the conclusion is based on groundwater
analytical data or fate and transport modeling, both, or neither.
Response: In September 2018, Consumers Energy Company (CEC) was issued an access agreement by the
City of Muskegon to install and sample for a period of 24 months a series of four groundwater monitor wells
along the east bank of the south end of the pond at Veterans Memorial Park (VMP), to assess groundwater
quality downgradient of CEC’s closed Area 4&4A coal ash landfill. Wells MW-305 through MW-308 (see
attached Figure 1) were subsequently installed at the VMP pond in October 2018 and were sampled quarterly
between November 2018 and August 2019. This work was performed in response to a request from the
Michigan Department of Environmental Quality (now Environment, Great Lakes, and Energy).
The results of this study were described to the City of Muskegon in a September 13, 2019 teleconference.
The groundwater flow direction from the landfill to the pond (passing beneath M-120) has been confirmed via
groundwater elevation measurements at the landfill (P2-0 and P-30; Figure 1) and the VMP pond wells, as
well as the elevation of the VMP pond itself. Attached Figures 2 through 6 display water elevations as
determined during the 2018-2019 quarterly sampling.
The quarterly groundwater sample results (Figure 1) demonstrate that dissolved boron, which is interpreted
as being derived from the coal ash originally deposited in the landfill, has migrated from the landfill to the
VMP pond, in concentrations that exceed the EGLE’s generic residential criterion of 0.5 mg/L established
under Part 201 (20a) of Michigan Act 451.
Arsenic has been detected periodically in MW-305 and MW-306 above its generic residential criterion of 0.01
mg/L, but site-specific data suggests that it is not derived primarily from the landfill. Instead, its source is
interpreted as the natural peat strata that are present in the aquifer adjacent to the VMP pond.
8. If the person making this notice has reason to believe that a migrating hazardous substance has affected, or is likely
to affect, a private or public water supply, then that water supply must be identified here:
The surface water in the VMP pond is not used for drinking water purposes. It is periodically used for irrigation.
YES NO
9. Is this notice being submitted within the timeframes established under □ (El
R 299.51017 and/or MCL 324.20114(1), as applicable?
10. Is this notice in addition to a notice that was submitted prior to December 21, 2002? D [3
(R 299.51017(4)(c))
11. Is this notice related to an oil and gas well permit (R 299.51017(2))? □ [3
Permit #:
12. Is this notice related to an easement (R 299.51017(3))? □ El
(NOTE: All easement grantors must receive this notice.)
EQP 4482, Page 3 of 5 (REV 4/2016)
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
REMEDIATION AND REDEVELOPMENT DIVISION
13. Has surface water been affected (R 299.51017(1)? K □
(If yes, please identify the affected surface water body.)
See description of groundwater flow from the Area 4&4A landfill to the Veterans Memorial Park Pond in Section 7.
CERTIFICATION:
With my signature below, I certify that I am the owner of the facility or that I am legally authorized to execute this notice on
behalf of the owner or operator named on this form, and that to the best of my knowledge and belief the above
representations are complete and accurate. I understand that intentionally submitting false information to the DEQ is a
felony and may resuli^n fines up to $25,000 for each violation.
Signature- / f j ^ II fL/Q C O ir^__________________ Date
(Ownj&r'or person legally authorized to bind the person making this report)
Name (Typed or Printed) ____ Michelle Marion______________________________
Title (Typed or Printed) ____ Senior Engineer
EQP 4482, Page 4 of 5 (REV 4/2016)
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
REMEDIATION AND REDEVELOPMENT DIVISION
See Item 6 on Page 3 of this Form for instructions to be used in completing this table. Attach additional pages if necessary. The
information to be included in each column of the table is:
Column A Name of hazardous substance.
Column B Chemical Abstract Service (CAS) Number for the hazardous substance.
Column C Maximum hazardous substance concentration measured on the property, expressed in parts per billion (e.g., ug/L or ug/Kg). Report
maximum concentration separately for each environmental medium.
Column D Sample location for Column C (relate to label on map).
Column E Environmental medium in which concentration reported in Column C was measured (e.g., soil or groundwater).
Column F Distance from point of maximum measured concentration (Column D) to property boundary, in direction of contaminant migration, if
direction is known or can reasonably be inferred. If direction is unknown, list distance to nearest property boundary.
Column G Direction of contaminant migration, if known.
Column H Concentration closest to property boundary, if known. If a concentration lower than the maximum concentration reported in Column C has
been measured at a point closer to the property boundary in the direction of contaminant migration, use Column I to list the concentration
that was measured closest to the property boundary in the direction of contaminant migration.
Column I Sample location for Column H (relate to label on map).
Column J Environmental medium for measurement reported in Column H, if applicable.
A B C D E F G H I J
Hazardous CAS Maximum Sample Location Environmental Distance to Direction of Boundary Sample Location Environmental
Substance Number Concentration for “C” Medium for “C" Property Boundary Miqration Concentration for “H” Medium for “H”
Arsenic 7440382 <1 P2-0 Groundwater 200’ wsw 7.4 to 17 MW-305 Groundwater
Boron 7440428 29,700 P2-0 Groundwater 200’ wsw 940 to 2,100 MW-307 Groundwater
Total Number Samples Collected: 30 (16 Arsenic. 14 Boron) Total Number of Samples Exceeding Criteria: Arsenic: 5
Boron: 14
A scaled map or drawing showing these locations and the property boundaries must be submitted with this Notice
EQP 4482, Page 5 of 5 (REV 4/2016)
Figures
LEGEND:
CUTOFF WALL OUTER PIEZOMETER P2-O
B.C. COBB AREA 4 & 4A ASH LANDFILL
TEMPORARY MONITOR WELL (APRIL 2018) TMW-302
APPROXIMATE PROPERTY BOUNDARY VERTICAL PROFILING BORING/PENDING
MW-305
MONITOR WELL (NOVEMBER 2018)
P2-O
P3-O TMW-304 TMW-303 TMW-302
M-120 (NB) APPROXIMATE RIGHTS-OF-WAY
MW-308 MW-306 MW-305
MW-307
VETERANS
MEMORIAL
PARK
M-120 (SB)
NOTES:
1. VALUES REPORTED AS MICROGRAMS/LITER (μg/L). "NS" CLIENT PROJECT
INDICATES NOT SAMPLED, WELL UNDERWATER. CONSUMERS ENERGY COMPANY GSI PATHWAY ASSESSMENT
2. P2-O, P3-O, AND TMW-SERIES WELLS SAMPLED IN MAY COBB LANDFILL VETERANS MEMORIAL PARK POND
1 in
2018 BY CONSUMERS ENERGY.
3. MW-SERIES PROFILED NOVEMBER 5-6, 2018 BY GOLDER
ASSOCIATES CONSULTANT YYYY-MM-DD 2019-08-30 TITLE
4. MW-SERIES WELLS INSTALLED NOVEMBER 19, 2018, AND DESIGNED
GSI WELL RESULTS (μg/L)
DEVELOPED NOVEMBER 20, 2018 BY GOLDER
ASSOCIATES. PREPARED AM
0 150 300 REVIEWED DR
Xref ..\Documents\_Golder_Logo.dwg PROJECT NO. REV. SHEET NO.
SCALE: 1"=150' APPROVED 18104377.0001 0 1
0
NOTES:
1. BOREHOLE PROFILES BASED ON GOLDER FIELD SOIL CLIENT PROJECT
BOREHOLE LOG, NOVEMBER 8-9, 2018. CONSUMERS ENERGY COMPANY GSI PATHWAY ASSESSMENT
2. BOREHOLE ELEVATIONS ARE APPROXIMATED THROUGH COBB LANDFILL VETERANS MEMORIAL PARK POND
1 in
INTERPOLATION BASED ON GEI PROJECT 1414800,
DRAWING C-2.
CONSULTANT YYYY-MM-DD 2018-12-18 TITLE
DESIGNED
GEOLOGIC CROSS SECTION
PREPARED AM
REVIEWED DR
PROJECT NO. REV. SHEET NO.
APPROVED 18104377.0001 0 2
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CONSUMERS ENERGY COMPANY GSI PATHWAY ASSESSMENT
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CONSULTANT YYYY-MM-DD 2019-05-24 TITLE
DESIGNED -- GROUNDWATER ELEVATION CONTOURS
FEBRUARY 14, 2019
PREPARED AM
REVIEWED DR
PROJECT NO. REV. SHEET NO.
APPROVED DR 18104377.0005 1 3
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CLIENT PROJECT
CONSUMERS ENERGY COMPANY GSI PATHWAY ASSESSMENT
COBB LANDFILL VETERANS MEMORIAL PARK POND
1 in
CONSULTANT YYYY-MM-DD 2019-04-08 TITLE
DESIGNED -- GROUNDWATER ELEVATION CONTOURS
AM
APRIL 8, 2019
PREPARED
REVIEWED DR
PROJECT NO. REV. SHEET NO.
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CONSUMERS ENERGY COMPANY GSI PATHWAY ASSESSMENT
COBB LANDFILL VETERANS MEMORIAL PARK POND
1 in
CONSULTANT YYYY-MM-DD 2019-05-24 TITLE
DESIGNED -- GROUNDWATER ELEVATION CONTOURS
MAY 16, 2019
PREPARED AM
REVIEWED DR
PROJECT NO. REV. SHEET NO.
APPROVED DR 18104377.0005 1 5
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CONSUMERS ENERGY COMPANY GSI PATHWAY ASSESSMENT
COBB LANDFILL VETERANS MEMORIAL PARK POND
1 in
CONSULTANT YYYY-MM-DD 2019-08-09 TITLE
DESIGNED -- GROUNDWATER ELEVATION CONTOURS
AUGUST 9, 2019
PREPARED AM
REVIEWED DR
PROJECT NO. REV. SHEET NO.
APPROVED DR 18104377.0005 1 5
0
PARKING AREA
LEGEND
W MONITORING WELL
APPROXIMATE GROUNDWATER FLOW DIRECTION
MUSKEGON COUNTY PARCEL 61-24-117-1000-0002-00
(AFFECTED PREMISES)
APPROXIMATE EXTENT OF BORON > 500 UG/L
(OCT 2019 - APR 2020)
.
W
O. ft.
R.
REFERENCES
0
15
1. PARCEL BOUNDARY TRANSCRIBED FROM MUSKEGON COUNTY GIS PROPERTY
CONSUMERS ENERGY VIEWER - PARCEL REPORT FOR 61-24-117-100-0002-00
ASH LANDFILL 2. AERIAL IMAGERY TAKEN FROM GOOGLE EARTH PRO V 9.0 (APRIL 2017)
Path: \\holland\cad\Projects\MAJOR CLIENTS\Consumers Energy\18104377_Cobb Veterans Park\CAD\BORON\ | File Name: COBB BORON SITE MAP.dwg | Last Edited By: sfulmer Date: 2020-07-27 Time:12:07:08 PM | Printed By: SFulmer Date: 2020-07-27 Time:12:08:05 PM
NB
VE
M
-1
20
TE
RA USKE61-2F4ECTE
APPROXIMATE EXTENT OF
NS ON C 17-1 PRE
BORON > 500 UG/L (OCT 2019
M
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M OUN0T00-00MISES
- APR 2020)
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(A
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W
M
W
-3
07
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M
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-3
PARKING AREA
06
W
M
IF THIS MEASUREMENT DOES NOT MATCH WHAT IS SHOWN, THE SHEET SIZE HAS BEEN MODIFIED FROM: ANSI B
W
-3
05
0 150 300
1'' = 300' FEET
CLIENT PROJECT
CONSUMERS ENERGY COMPANY FORMER B.C. COBB GENERATING STATION
151 NORTH CAUSEWAY CLOSED AREA 4&4A ASH LANDFILL
1 in
MUSKEGON, MICHIGAN 49445
CONSULTANT YYYY-MM-DD 2020-07-24 TITLE
DESIGNED DR
GROUNDWATER CONDITIONS AT AFFECTED PREMISES
(COUNTY PARCEL TAX ID 61-24-117-100-0002-00)
PREPARED SF
REVIEWED DR
PROJECT NO. REV. FIGURE
APPROVED DR 19134701.0001 0 1
0
Michelle A. Marion
From: Sellers, Fred (EGLE)
Sent: Tuesday, July 21, 2020 9:21 AM
To: mike.franzak@shorelinecity.com
Cc: Johnson, Nancy (EGLE); Schrems, Kevin (EGLE); BRADLEY T. RUNKEL; Michelle A. Marion
Subject: BC Cobb Ordinance Support
##CAUTION##: This email originated from outside of CMS/CE.
Remember your security awareness training: Stop, think, and use caution before clicking
links/attachments.
Dear Mr. Franzak,
The Michigan Department of Environment, Great Lakes and Energy (EGLE) has been working
with Consumers Energy Company (CEC) to properly monitor groundwater at CECs coal ash
landfill located on parcel 61‐24‐117‐100‐0001‐00. Recent investigations detected
concentrations of Boron above Part 201 drinking water standards between the landfill and the
immediately adjacent Veterans Memorial Pond (VMP). The Groundwater Surface Water
Interface (GSI) pathway was investigated at VMP and determined that boron was not venting
to surface water above surface water quality standards. CEC has agreed to monitor the GSI
pathway semi‐annually over the duration of their 30‐year post closure monitoring obligations
for the landfill to ensure it stays in compliance of surface water standards.
Groundwater impacted above part 201 standards has migrated off CECs property and onto
County of Muskegon property. CEC is obligated to restrict the use of groundwater at VMP to
prevent any usage of groundwater for drinking purposes or irrigation. CEC and Muskegon
County have been in discussion to restrict the use of groundwater via a restrictive
covenant. However, CEC has informed EGLE that due to some of the language that Muskegon
County requested to be added to the document, an agreement was not possible between the
two parties.
CEC proposed to use an alternate method of groundwater restriction by using a City of
Muskegon ordinance, specifically, Chapter 34, Article III, Section 34‐69. Muskegon County has
indicated that they are agreeable to this method of groundwater use restriction. According to
the language within the ordinance, EGLE needs to notify the City of Muskegon of their support
to restrict groundwater use for the area of interest.
After review, groundwater use is equally as restricted and protective of human health as a
restrictive covenant. EGLE is in support of using the City of Muskegon Ordinance Chapter 34,
Article III, Section 34‐69 to restrict the use of groundwater at the County of Muskegon parcel
number 61‐24‐117‐100‐0002‐00.
1
If you require additional site‐specific information, please contact Kent Walters by phone at
616‐278‐4350 or by email at waltersk7@michigan.gov.
Fred L. Sellers, District Supervisor
Materials Management Division
Michigan Department of Environment, Great Lakes, and Energy
Kalamazoo and Grand Rapids District Offices
Ph. 269-569-1476 | sellersf@michigan.gov
Follow Us |Michigan.gov/EGLE
2
Resolution No. _______
MUSKEGON CITY COMMISSION
An ordinance amending the City Code of Ordinances by adding to Ordinance No. 2039 (Muskegon City Code of
Ordinances Section 34, Article lll) certain identifying “Appendix Maps” and descriptions of properties determined
to be “affected premises” on which groundwater wells are prohibited unless excepted under Section 34-65 due
to the contamination or potential contamination of said groundwater. The said Ordinance No. 2039 is amended
by this Ordinance.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
1. The properties identified in this amending ordinance are determined to be affected premised
within the meaning of and regulated in accordance with, Ordinance No. 2039 or any successor
ordinance prohibiting wells on such premises. The said affected premises are included in
Attachment A.
2. Attached to this ordinance and incorporated herein are Appendix Maps locating the affected
premises and their legal descriptions.
3. This ordinance shall be effective ten (10) days after publication. In the event any part of this
ordinance is finally determined to be invalid or unenforceable by a court having jurisdiction, then
said determination shall not affect the validity of the remaining provisions.
Adopted this 11th Day of August 2020.
Ayes:
Nays:
Absent:
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete a resolution adopted by the Muskegon City
Commission, County of Muskegon, Michigan, at a regular meeting held on August 11, 2020.
______________________________
Ann Meisch
Clerk
8/6/2020
Attachment A
Parcel Number Address
24-117-100-0002-00 401 N Causeway
8/6/20
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 11, 2020 Title: City of the Dead Event
Submitted By: Planning Department Department: Planning Department
Brief Summary: City of the Dead is an annual event scheduled to take place October 10 from 6 pm – 8 pm
& Oct 11 from 2 pm – 4 pm that is a historical reenactment at Evergreen Cemetery. The application
indicates they expect 600 people within the two days and they will be taken on tours in small groups. They
indicate they will keep within the rules of social distancing and crowds under 100.
Detailed Summary: The event indicates as many as 600 people can attend within two days. Organizers
indicate they will follow the guidelines, but because estimated number of overall attendees is higher than
currently allowed, we defer to the Commission for a decision.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Staff has no recommendation.
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: August 11, 2020 Title: Swan Alpha Development Agreement
Submitted By: Frank Peterson Department: City Manager
Brief Summary: City staff has been working with Swan Alpha Development on a proposal to reuse the
former Farmers Market site as a residential development. The development would add 53 new units to the
site over two project phases.
Detailed Summary: We are proposing a development agreement that follows much of the framework of
the West Urban Properties Development Agreement. This project is very similar in that the developer
intends to build a combination of detached and attached single-family homes that will be made available
for rent. These properties will function more like a single multi-family development on one or two adjacent
parcels. One key difference between this agreement and the West Urban Agreement is that this
Agreement does not ask the City to subsidize any rents. The only proposed use of the “Swan Alpha
Development Fund” would be in the event that the city’s tax assessor sets the property assessment for the
53 units above the anticipated amount. Note that this amount is similar to the benefit that would be
expected with a Neighborhood Enterprise Zone certificate. The development agreement does contemplate
that the City of Muskegon would make certain investments in the infrastructure necessary for the second
phase. These improvements (underground utilities, alleys, greenspace, trails, etc.) are reimbursable
expenses in the scattered site brownfield plan. $777,000 is contemplated for reimbursement here. Note
that 287 East Muskegon and 225 Eastern are included in the Brownfield, but not the purchase agreement –
these areas are being held for park/greenspace improvements.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To authorize the City Manager to sign the Development Agreement.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
SWAN ALPHA
PILOT DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the “Agreement”) is made on the ____ day of
________, 2020, by and between the CITY OF MUSKEGON, a Michigan municipal corporation,
whose address is 933 Terrace Street, Muskegon, Michigan 49440 (the “City”) and Swan Alpha
Investments, LLC, a Michigan limited liability company, whose address is 2186 East Centre Ave.,
Portage, Michigan 49002 (the “Developer”).
RECITALS
A. Pursuant to P.A. 381 of 1996, as amended, (“Act 381”), the Muskegon Brownfield
Authority adopted a brownfield plan on ____________ (the “Brownfield Plan”) to add numerous
vacant properties, including 731 Yuba Street, 185 East Muskegon, 205 East Muskegon, and 209
East Walton, Muskegon, Michigan (the “Property”).
B. The Property is included in the City’s Scattered Site Brownfield Project, as
amended by the Muskegon Brownfield Redevelopment Authority on ________.
C. The Developer intends to redevelop the Property into a 53-unit residential rental
neighborhood where no less than 21 of the units are allocated to tenants with income levels
between 70% and 120% of the Area Median Income, as defined by the Michigan State Housing
Development Authority (the “Project”) over two phases.
NOW, THEREFORE, the parties agree as follows:
1. Project Completion.
a. Developer agrees to purchase the Property described in attached Exhibit A.
i. The Developer will be responsible for all survey work associated with lot line
adjustments, including costs associated with any necessary survey to create tax parcels
related to Phase 1. The City will be responsible for seeking appropriate internal approvals
necessary to facilitate the Phase 1.
ii. The CITY will be responsible for all survey work associated with lot line
adjustments, including costs associated with any necessary survey to create tax parcels
related to Phase 2. The City will be responsible for seeking appropriate internal approvals
necessary to facilitate the Phase 2. During the engineering for Phase 2, the City and
Developer shall mutually agree on the design, grading and building pad specifications for
construction. This City will be responsible for all costs associated with grading and building
pad preparation.
ii. All pedestrian pathways, alleys, sidewalks proposed for Phase 1 and Phase 2
shall be dedicated to the public and maintained by the City.
iii. City will waive or pay for all water and sewer connection fees. Developer shall
be responsible for all other fees, specifically including mechanical, plumbing electrical and
any other construction and building permit fees.
iv. Prior to closing on Phase 1, the City shall remove all remaining pavement and
gravel on the Property and grade the open areas of Phases 1 and 2 to allow positive
drainage towards the future public park area.
2
2. Streets and Utilities.
The Property is currently platted with two public alleys and one public street. The City
will complete, at the City’s expense, the construction of all modifications and/or additions to
pedestrian pathways, franchise utilities, water and sewer services necessary to serve the lots in
Phase 1 abutting Murphy Street and Walton Avenue. In addition, existing curb repairs or
modifications desired shall be the responsibility of the City. The City will also complete, at the
City’s expense, the construction of the two alleys as part of Phase 2. The City will install, at the
City’s expense, pedestrian pathways, franchise utilities, water and sewer mains and services in
the current and proposed public street right-of-way and utility easements as part of Phase 2. All
utilities shall be stubbed 10 feet into each lot.
3. Operating Incentive.
In exchange for the Developer’s commitment to allocate 21 of the units to be rented by
individuals with income levels between 70% and 120% of Area Median Income, as defined by the
Michigan State Housing Development Authority, the City agrees to provide an operating incentive
to ensure such affordability as provided in Paragraph 5.
4. Rental Rates.
The Developer shall be responsible for verifying tenant income to ensure his/her
qualifications for any income-restricted units. An income-qualified tenant’s rent shall be set to
follow the RENT LIMITS established annually by the Michigan State Housing Development
Authority (MSHDA) for a Muskegon County family earning between 70% and120% AMI and
renting 1-3-bedroom home. The Developer is not obligated to rent any units below the 70%
3
RENT LIMIT, regardless of the tenant’s verified income level. Exhibit D of This Agreement
demonstrates that initial rent limits as established by MSHDA in April 2020.
5. Rental Subsidy Fund.
(a). City shall establish the “SWAN ALPHA Rental Subsidy Fund”. On July 1,
2022, the City shall deposit $100,000 from the City of Muskegon Economic Development
Revolving Loan Fund, which was created in part by a gift from Sappi Paper Company
when the company ceased operations for economic development. On July 1, 2023, the
City shall deposit an additional $150,000 from the City of Muskegon Economic
Development Revolving Loan Fund. In the event that the City of Muskegon Economic
Development Revolving Loan Fund is unable to make the contributions contemplated
above, the deposits will be made as monies come available.
(b). In the event that the State Equalized Values (SEV) assigned to properties by the
City Assessor on January 1, 2022 results in an initial annual property tax bill in excess of $76,320,
parties agree to offset the additional property tax burden using the funds available in the SWAN
ALPHA Rental Subsidy Fund. Annually, beginning January 1, 2023, the $76,320 annual property
tax limit shall increase or decrease with the Consumers Price Index regularly used by the
Muskegon City Assessor. In the event that the Developer constructs a total number of units that
is either more or less than 53 units, the property tax bill cap shall be recalculated using an average
unit tax of $1,440 ($76,320 divided by 53 units).
(c). All monies owed to the Developer by City pursuant to Paragraph 3 shall be paid
from the SWAN ALPHA Rental Subsidy Fund. Upon termination of this Pilot Development
Agreement, all monies left in the SWAN ALPHA Properties Rental Subsidy Fund shall revert to the
City of Muskegon Economic Development Revolving Loan Fund for economic development, and
4
any amounts owed to the Developer shall be waived. The City shall have no obligation to
reimburse Developer for any reason from any other City fund.
(d). In the event the SEV assigned to the property results in an annual property tax bill
that requires no use of the monies deposited in the SWAN ALPHA Rental Subsidy Fund for three
consecutive calendar years, the City shall be relieved of its obligations to maintain the fund and
provide the rental subsidy to the Developer as described in Section 5.
6. Term of Agreement.
The Developer’s and City’s obligations under this Agreement for any individual parcel shall
terminate 20 years from the issuance of the original certificate of occupancy or upon a sale of
the parcel that results in an uncapping of the Property’s Taxable Value, but never after January
1, 2045 (the “Term”).
This 53-unit Pilot shall be completed in 2 phases. The first phase shall include 18 units.
The second phase shall include 35 units. The Developer and City agree to meet upon the
completion of each phase to discuss the performance of the prior phase before proceeding
onto the next phase. At that time, if either party is dissatisfied with the performance of the
phase, the upcoming phase may be postponed for up to 12 months by providing written notice.
If Developer is not constructing units on the Property for a 12-month period, as evidenced
by the failure to pull permits and complete construction in a timely manner, the Pilot
Development Agreement shall terminate, after Notice as required by Paragraph 8, as to Parcels
where Developer is not pursuing construction.
Should any court of competent jurisdiction find any portion of the Pilot Development
Agreement void and/or prohibits City from funding any obligation provided in this Pilot
5
Development Agreement, either City or Developer may terminate this Pilot Development
Agreement with no consequences from the other party.
7. Notices.
All notices, payments, demands or requests required or permitted to be given pursuant
to this Agreement shall be in writing and shall be deemed to have been properly given or served
effective on the second (2nd) business day after being deposited in the United States mail,
postpaid and registered or certified with return receipt requested; or when sent by private
courier service for same-day delivery or one day after being sent by private courier service for
next-day delivery. Notices shall be sent via e-mail and also to the respective addresses set forth
below:
To Seller: THE CITY OF MUSKEGON
Attn: City Manager
933 Terrace St.
Muskegon, MI 49440
With copy to: Parmenter Law
P.O. Box 786
Muskegon, MI 49443-0786
To Purchaser: SWAN ALPHA INVESTMENTS, LLC
2186 East Centre Ave
Portage, MI 49002
6
8. Assignment.
Developer and City shall have the right to assign all of its rights and delegate all of its
obligations under this Agreement to either an existing or a newly created entity, provided,
however, that no assignment shall operate as a release of that party without the written consent
of the other, which consent may be withheld in such other party’s sole discretion.
9. Arbitration.
Any and all disputes, controversies, or claims arising out of or in connection with or
relating to this Agreement, or any breach or alleged breach thereof, shall, on the request of either
party, be submitted to and settled by arbitration in the State of Michigan pursuant to the rules,
then in effect, of the American Arbitration Association (or at any other place or under any other
form of arbitration mutually acceptable to the parties involved). This Agreement to arbitrate shall
be specifically enforceable under the prevailing arbitration law. Notice of the demand for
arbitration shall be filed, in writing, within a reasonable time after the claim, dispute, or other
matter in question arose where the party asserting the claim should reasonably have been aware
of it, but in no event later than the applicable Michigan statute of limitations. Cost of arbitration
shall be shared equally by the parties, provided that each party shall pay for and bear the cost of
his or her own experts, evidence, and attorney fees. Judgment on the award rendered by the
arbitrator may be entered in any court having jurisdiction to do so.
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10. Entire Agreement.
This Agreement supersedes all agreements previously made between the parties relating
to the subject matter. There are no other understandings or agreements between them.
11. Non-Waiver.
No delay or failure by any party to exercise any right under this Agreement, and no partial
or single exercise of that right, constitutes a waiver of that or any other right, unless otherwise
expressly provided herein.
12. Headings.
Headings in this Agreement are for convenience only and shall not be used to interpret
or construe its provisions.
13. Governing Law.
This Agreement shall be construed in accordance with and governed by the laws of the
State of Michigan.
14. Counterparts.
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original but all of which together shall constitute one and the same instrument.
15. Binding Effect.
The provisions of this Agreement shall be binding upon and inure to the benefit of all the
parties and their respective heirs, legal representatives, successors and assigns.
The parties have executed this Agreement on the date set forth above.
8
CITY OF MUSKEGON
By:_____________________________
Its:_____________________________
SWAN ALPHA INVESTMENTS, LLC
By:_____________________________
Its:_____________________________
9
EXHIBIT A
TO DEVELOPMENT AGREEMENT
DEVELOPMENT PARCELS
731 Yuba
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 East Muskegon
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 1 THRU 12 INCL BLK 192
209 East Walton
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 9 AND 10 BLK 191
185 East Muskegon
CITY OF MUSKEGON REVISED PLAT 1903 LOT 1 BLK 191
10
EXHIBIT B
TO DEVELOPMENT AGREEMENT
SITE PLAN
11
EXHIBIT C
TO DEVELOPMENT AGREEMENT
PARCEL PURCHASE AGREEMENT
This PARCEL PURCHASE AGREEMENT (this “Agreement”) is made on the ____ day
of __________, 2020, by and between SWAN ALPHA INVESTMENTS, LLC, a Michigan
limited liability company of 2186 E. Centre Ave., Portage, Michigan 49002 (“Purchaser”) and
THE CITY OF MUSKEGON, a Michigan municipal corporation, of 933 Terrace Street,
Muskegon, Michigan 49440 (“Seller”) as follows:
BACKGROUND
Purchaser and Seller entered into a Development Agreement which contemplates that
Purchaser will purchase two separate parcels of land, known as Phase 1 and Phase 2, respectively.
The Phase 1 Parcel and Phase 2 Parcel are both located in the City of Muskegon, Muskegon
County, Michigan, and are depicted on the attached Exhibit A.
AGREEMENT
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
CONDITIONS SET FORTH HEREIN THE PARTIES AGREE AS FOLLOWS:
1. Phase Parcels. Seller agrees to sell and Purchaser agrees to Purchase the Phase 1
Parcel and the Phase 2 Parcel, as depicted on the attached Exhibit A. The precise description of
each Phase and any individual building sites within each Phase will be agreed to by the parties
prior to closing, as contemplated by the Development Agreement.
2. Purchase Price. The Purchase Price shall be one dollar ($1.00) for each Phase
Parcel.
The Purchase Price shall be delivered at Closing in immediately available funds subject to
the terms and conditions stated in this Agreement. The Purchaser’s obligations under this
Agreement are not contingent upon financing.
3. Investigation Period; Right to Terminate. The “Investigation Period” shall expire
ninety (90) days following the date this Parcel Purchase Agreement has been executed by both
parties (the “Effective date”). During the Investigation Period, Purchaser shall have the right to
have the Parcel inspected, surveyed, evaluated, analyzed, tested, appraised and/or assessed for any
matter whatsoever, including but not limited to, market value; soil conditions; location of flood
plains; presence of wetland and necessary mitigation, if any; storm water drainage systems;
presence of environmental contamination; health and safety conditions; access to utilities; access
to public roads; zoning; entitlement; compliance with laws, codes and ordinances and any other
matter desired by Purchaser. Seller hereby grants Purchaser and Purchaser’s agents, employees,
representatives, consultants, and contractors a nonexclusive license during the term of this
Agreement, to enter and have access to the Parcel for purposes of having such investigations
performed and the right to discuss the Parcel and the conditions related thereto with governmental
authorities. During the Investigation Period, and any extensions thereof, Purchaser has sole
discretion to terminate this Agreement. All investigations, testing, and inspections by Purchaser
shall be at Purchaser’s sole cost and expense. Any permits or permitting requested or required by
Purchaser shall be at Purchaser’s sole cost and expense, and at Purchaser’s sole risk. Purchaser
may extend the Investigation Period for up to an additional ninety (90) days if Purchaser in good
faith decides to do so based on information learned during the Investigation Period.
4. Payment of Property Taxes. Purchaser shall have no obligation to pay any amount
for Property taxes that may have been assessed through the date of closing.
5. Closing Deadline; Schedule. The parties agree to schedule closings as follows:
A. For the Phase 1 Parcel, at the earliest possible time following the latter of:
1) end of the Investigation Period, or any extension thereof; or 2) Completion of the work by the
City in Sections 3(a) and (b) of the Development Agreement for Phase 1;
B. For the Phase 2 Parcel, the latter of: 1) 12 months after the closing on the
Phase 1 Parcel; or 2) Completion of the work by the City required by Sections 3(a) and (b) of the
Development Agreement for Phase 2.
6. Seller’s Closing Deliveries. At the Closing, Seller shall deliver to the Purchaser,
the following items, which shall be in a form and substance satisfactory to Purchaser:
A. A Quit Claim Deed conveying to Purchaser Seller’s interest to the Parcel,
executed and acknowledged by Seller in recordable form;
B. Such other documents, including a signed Closing Statement, as are
necessary and appropriate for the consummation of this transaction by Seller.
7. Purchaser’s Closing Deliveries. At Closing, Purchaser shall deliver to Seller: a)
approved building plans and permits for the Parcel; b) the Purchase Price; and c) such other
documents, including a signed Closing Statement, as are necessary and appropriate for the
consummation of this transaction by Purchaser.
8. Special Assessments. Seller agrees to disclose to Purchaser, in writing, information
regarding any outstanding special assessments on the Parcel, within ten (10) days of execution of
this Agreement.
9. Title. It is Purchaser’s obligation to order a commitment for an owner’s policy of
title insurance from Devon Title Agency (the “Title Policy”) within ten (10) days of the date of
this Agreement. If Purchaser has any objections to matters disclosed in the title commitment,
Purchaser has the right to terminate this Agreement without further obligation.
10. Representations and Warranties of Seller. Seller hereby represents and warrants to
Purchaser that to the best of Seller’s knowledge, as of the date hereof and on the date of Closing,
which representations and warranties shall survive Closing, but without additional investigation
by Seller:
A. Seller has the right, power and authority to enter into this Agreement and to
sell the Parcel in accordance with the terms hereof, and Seller has granted no option or right of
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first refusal to any other person or entity to purchase the Parcel and has not entered into any
contract to sell the Parcel as of the date of the Agreement. The individuals signing this Agreement
and all other documents executed or to be executed pursuant hereto on behalf of Seller are and
shall be duly authorized to sign the same on Seller's behalf and to bind Seller thereto.
B. Except as disclosed in the writing to Purchaser by Seller, Seller has not
received any notice of, and has no knowledge within the past ten (10) years, of existing violations
on the Parcel or any portion thereof of any zoning, building, fire, health, pollution, environmental
protection, hazardous or toxic substance or waste disposal law or ordinance.
C. At the Closing, there will be no parties in possession of the Parcels or
entitled to possession thereof other than Seller. There will be no leases, agreements, options or
other instruments or agreements in effect with respect to the Parcel.
D. There are no existing or pending condemnations or sales in lieu thereof with
respect to the Parcel, or any part thereof, nor have any such actions, suits, proceedings or claims
been threatened or asserted.
E. There are no delinquent assessments. Except for any ordinary accruals of
dues, no future assessments against the Parcel has been announced.
F. There is no litigation, proceeding or investigation pending or, to Seller’s
knowledge, threatened against or involving Seller or the Parcel, and Seller does not know or have
reason to know of any grounds for any such litigation, proceeding or investigation, which could
have an adverse impact on Purchaser or Purchaser’s title to or use of the Parcel, either before or
after Closing.
G. Seller has not received any notice of assessment or proposed assessment in
connection with the Parcel.
H. Seller is not a “foreign person” as that term is defined in section 1445 of the
Internal Revenue Code of 1986, as amended.
I. Except as set forth in documents provided by Seller to Purchaser, the Parcels
and Seller are in full compliance with all requirements of federal, state and local environmental,
health or safety laws, regulations and administrative or judicial decrees, as amended (the
“Environmental Laws”).
J. With the exception of the documents available in the public domain and the
documents provided by Seller to the Purchaser, there are no reports, studies, appraisals,
engineering reports, agreements with governmental authorities, wetland studies or reports, flood
plain studies or reports related to the Parcel of which Seller is aware within the last ten (10) years,
or that are in Seller’s possession or control.
11. Representations and Warranties of Purchaser. Purchaser hereby represents and
warrants to Seller, which representations and warranties shall survive Closing, that as of the date
hereof, and on the date of Closing:
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A. Purchaser has the full power and authority to execute, deliver and perform
this Agreement and all of Purchaser’s obligations under this Agreement; and
B. The individuals signing this Agreement and all other documents executed
or to be executed pursuant hereto on behalf of Purchaser are and shall be duly authorized to sign
the same on Purchaser’s behalf and to bind Purchaser thereto.
12. Indemnification. Seller agrees to indemnify and hold Purchaser and its managers,
members, and successors and assigns and their members, managers and representatives (the
"Purchaser Group") harmless from and against any and all liabilities, claims, demands, and
expenses, of any kind or nature, including but not limited to, all expenses related thereto, including,
without limitation, court costs and attorney’s fees for matters (i) arising or accruing prior to the
Closing and which are in any way related to the ownership, maintenance, or operation of the Parcel;
and/or (ii) arising from or related to the inaccuracy or breach of any of Seller’s representations and
warranties. Purchaser agrees to indemnify and hold Seller and its managers, members, and
successors and assigns and their members, managers and representatives (the "Seller Group")
harmless from and against any and all liabilities, claims, demands, and expenses, of any kind or
nature, including but not limited to, all expenses related thereto, including, without limitation,
court costs and attorney’s fees for matters (i) arising or accruing after the Closing and which are
in any way related to Purchaser’s ownership, maintenance, or operation of the Parcel; and/or (ii)
arising from or related to the inaccuracy or breach of any of Purchaser’s representations and
warranties. It is expressly stipulated and agreed that the provisions of this Section shall survive
the Closing.
13. Default and Remedies.
A. Purchaser’s Default; Seller’s Remedy. If the Purchaser fails to close on the
purchase of the Parcel, Seller may, as its sole and exclusive remedy, terminate this Agreement by
giving an appropriate Notice of Default as provided below.
B. Seller’s Default; Purchaser’s Remedies. If the Seller fails to close on the
purchase of the Parcel, Purchaser may, as its sole and exclusive remedy, terminate this Agreement
by giving an appropriate Notice of Default as provided below.
C. Notice of Default. In the event either party declares the other to be in
default, such declaration shall be in writing, with an outline of the actions required to cure such
default. The recipient of such notice of default shall have 15 days to cure the alleged default.
14. Attorneys’ Fees. The prevailing party in any legal proceeding brought under or with
relation to this Agreement or transaction shall be entitled to recover court costs, reasonable
attorneys' fees and all other litigation expenses from the non-prevailing party.
15. Sale and Assignment of Agreement. Purchaser shall have the right to assign all of
its rights and delegate all of its obligations under this Agreement to either an existing or a newly
created entity, provided however, that no assignment shall operate as a release of the Purchaser.
Except as otherwise set forth above, neither party may assign its rights or delegate its obligations
under this Agreement without the consent of the other party, which consent may be withheld in
such other party's sole discretion.
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16. Confidentiality. The parties hereto agree to keep the terms and provisions of this
Agreement strictly confidential with the exception of disclosures to their respective attorneys,
financial consultants, lenders, investors and other persons or entities necessary for consummation
of this Agreement and for Purchaser’s purposes as provided above.
17. Miscellaneous.
A. TIME IS OF THE ESSENCE OF THIS AGREEMENT.
B. This Agreement shall be governed by and construed under the laws of the
State of Michigan.
C. This Agreement supersedes all prior discussions and agreements between
Seller and Purchaser with respect to the conveyance of the Parcel and all other matters contained
herein and constitutes the sole and entire agreement between Seller and Purchaser with respect
thereto. This Agreement may not be modified or amended unless such amendment is set forth in
writing and signed by both Seller and Purchaser.
D. All notices, payments, demands or requests required or permitted to be
given pursuant to this Agreement shall be in writing and shall be deemed to have been properly
given or served effective on the second (2nd) business day after being deposited in the United
States mail, postpaid and registered or certified with return receipt requested; or when sent by
private courier service for same-day delivery or one day after being sent by private courier service
for next-day delivery. Notices shall be sent via e-mail and also to the respective addresses set forth
below:
To Seller: THE CITY OF MUSKEGON
Attn: _____________
933 Terrace St.
Muskegon, MI 49440
e-mail: ______________________
To Purchaser: SWAN ALPHA INVESTMENTS, LLC
Attn: Thomas M. Larabel
795 Clyde Court
Byron Center, MI 49315
tlarabel@allenedwin.com
With a copy to: Eric J. Guerin
2186 E. Centre Ave.
Portage, MI 49002
eguerin@allenedwin.com
E. This Agreement shall inure to the benefit of and bind the parties hereto and
their respective heirs, legal representatives, successors and permitted assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
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SELLER:
THE CITY OF MUSKEGON
By:
Its:
PURCHASER:
SWAN ALPHA INVESTMENTS, LLC
By:
Thomas Larabel
Its: Vice President
17
EXHIBIT A
TO PURCHASE AGREEMENT
18
EXHIBIT D
TO DEVELOPMENT AGREEMENT
19
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 11, 2020 Title: 4th Amendment to Lease - Lumberjacks
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Staff is seeking approval of the fourth amendment to the lease agreement with
WC Hockey. This amendment will provide relief to the team as they endeavor to compete in the
2020-21 USHL season with new rules related to the COVID-19 Pandemic.
Detailed Summary: We are proposing an amendment to one section of the lease to accommodate
anticipated reduced capacity at the arena:
Paragraph 14. The Lumberjacks previously agreed to undertake a certain amount of construction
in the facility and be reimbursed for those costs only if they exercised their first option to extend the
lease. Previously, we acknowledged that the work was complete and the cost was $260,215.35; it
was be deducted from their rent in years 3-7. Staff is proposing that the cost be deducted in years
2-4 as follows: Year 2: $125,000; Year 3: $100,000; Year 4: $35,2015.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): Fund(s) or Account(s): N/A
Recommended Motion: Approve the Agreement and authorize the Mayor to sign.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
SHARED USE AGREEMENT
This shared use agreement (the “Agreement”) is entered into effective July 1, 2019, between the
City of Muskegon, a municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440 ("City")
and WC Hockey, LLC, a Michigan limited liability company, of 13854 Simone Drive, Shelby Township,
Michigan 48315 (“Lumberjacks”) (collectively, the “Parties”) with reference to the following facts:
A. The City of Muskegon is the owner of the L.C. Walker Arena and Conference Center
located at 470 West Western Avenue, Muskegon, Michigan 49440 (“Arena”).
B. The City desires to permit the Lumberjacks shared use of a portion of the Arena for use
in connection with the operation of a USHL junior hockey franchise commonly known as the “Muskegon
Lumberjacks”, or any other hockey organization that the Lumberjacks become affiliated with, in
accordance with the terms and conditions of this Agreement.
B. The City acknowledges that the Lumberjacks are the primary user of the Arena and that
the Lumberjacks have the first rights to the Arena for all hockey games and hockey related events, and as
otherwise set forth herein, such that wherever reasonably possible any discrepancies or conflicts with the
Lumberjack games, including playoff games, will be resolved in favor of the Lumberjacks.
In consideration of the mutual covenants and obligations set forth herein, the Parties agree
as follows:
1. Shared Space. City agrees to permit the Lumberjacks to use, and Lumberjacks agree to
jointly occupy with the City, those portions of the Arena described and identified on attached Exhibit A
(collectively, the “Shared Space”), subject to the terms and conditions of this Agreement. Attached as
Exhibit B is a diagram that sets forth those portions of the Shared Space that shall be used exclusively by
Lumberjacks and the City and those that will be shared with the City and other occupants of the Arena,
and the terms according to which such shared use shall be permitted to occur, it being the understanding
of the parties that the Lumberjack’s use of the Shared Space shall take precedence over the City and other
occupants of the Arena.
Notwithstanding the identification of the current Leased Space on Exhibit A, it is understood and
agreed that the City may in the future relocate certain portions of the Shared Space (e.g. training room,
Lumberjacks offices). The Lumberjacks are amenable to such relocations provided the relocated portions
of the Shared Space are comparable to the current spaces being occupied by the Lumberjacks. In any
event, the parties agree to work together in good faith to determine the location and physical layout of
such relocated portions of the Shared Space.
In consideration of payment of Rent and the Facility Fee (as defined herein below), in addition to
the Shared Space, the City agrees to provide Lumberjacks the following:
• All ice time for all Lumberjack hockey preseason games, home games, playoff games
and all practices for home and visiting USHL teams (collectively referred to as
“Lumberjacks Hockey Dates”)
• Lumberjacks shall have first priority regarding the scheduling of exhibition games,
playoff games and two camps held during the year.
• Lumberjacks shall host, at no additional cost, a Tryout Camp for the period of five
consecutive days during May or June of each year this Agreement is in effect. If the
Lumberjacks agree to host any other events (such as hockey tournaments, additional
camps) requiring ice time, the cost will be $185 per hour, subject to increasing the
amount by the Price Escalator in Paragraph 4 A.
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• Lumberjacks shall provide to City the dates of all preseason games and home games no
later than July 10 for the following 12 months.
• Lumberjacks will have access to the ice time for scheduled practice times each day from
10:00 a.m. to 11:30 a.m. and again from 2:00 p.m. to 3:45 p.m. with the understanding
that the Lumberjacks will end practice on non-game days by 3:45 p.m., which will allow
the City to generate additional revenue.
• On game days, use of the ice shall be in accordance with the standards established for all
USHL teams by the League Office: (a) no on-ice events may be scheduled or permitted
during the two hours before any scheduled Lumberjack home hockey game; (b) with
permission of Arena Manager, use of ice for a “morning skate” for the Lumberjacks and
its visiting opponent.
• For every home hockey game, beginning four hours before the game, Lumberjacks shall
have exclusive use of the parking lot adjacent to the rear of the Arena (“Lot A”) for any
purpose within their sole discretion. The Lumberjacks agree to reserve six (6) spaces in
Lot A for use by the sports rehabilitation clinic that will occupy the Annex, during the
clinic’s normal business hours.
• Lumberjacks will be granted ten (10) days per year at no charge under this Agreement to
produce hockey or non-hockey related special events (“Additional Events”).
Notwithstanding the waiver of any rental fee for Additional Events, the Lumberjacks
shall be responsible to pay for all agreed upon costs and expenses related to “set up” the
Arena to conduct each Additional Event (e.g. take down glass, cover ice, etc).
• During the first year of this Agreement, the Lumberjacks have agreed to provide certain
game night management operations for all Lumberjack Hockey Dates. Such management
shall be limited: ushers, ticket takers, security, game operations, video and PA services,
off-ice officials and the Box office personnel and staffing (“The Game Night
Operations”). In return for providing The Game Night Operations, the City will reduce
the team’s annual rent by $40,000 per year, which will be prorated among the regular
season hockey games and the Minimum Gross Rent in Paragraph 4(c) will be adjusted
accordingly. The $40,000 annual amount will be subject to increase starting in year 3 of
this Agreement pursuant to the Price Escalator referenced in Paragraph 4(a) below. In the
event the Lumberjacks elect to no longer provide The Game Night Operations, it shall
provide written notice to the City. Notwithstanding such notice, the Lumberjacks agree to
continue to provide The Game Night Operations through the end of the then-current
USHL hockey season.
• The City will provide all operations management for the Additional Events, except for
those management services that will be provided by the Lumberjacks, which are limited
to the following: ushers, ticket takers, security, game operations, video and PA services,
off-ice officials and the Box office personnel and staffing.
• City agrees that the Lumberjacks shall continue to be permitted to access and use the
Peak Performance Center in the same manner as is currently exercised. In the event the
City elects to change the current use of the Peak Performance space into a non-
fitness/rehab/training facility, the City agrees to provide the Lumberjacks, with no
interruption of access to and use of a training facility, a suitable space within the Arena to
perform off-ice training commensurate with that currently used by the Lumberjacks. The
time/space requirements of the Lumberjacks include:
1) Monday – Wednesday’s 10-11am & 11am -12 pm and shooting throughout the day
2) Thursdays and Fridays extra work and shooting throughout the day
3) Friday, Saturday & Sundays Pre-Game Stretch and post-game cool down
4) Stretching area for future camps
5) Usage as needed when approved by Peak Staff member
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2. RP Hockey Shared Use Agreement. The City has entered into a shared use agreement
with the Reeths Puffer High School Hockey team (“RP Hockey”), which will soon be coming up for
renewal. The City and the Lumberjacks will mutually work together to allow the RP Hockey team to
renew its agreement as long as none of the provisions of that document conflict with the Lumberjacks
requirements as set forth in this Agreement.
3. Term. The term of this Agreement shall be two years beginning July 1, 2019 – June 30,
2021 with the Lumberjacks, at their sole discretion, having three (3), five-year options (each an “Option
Term”). Each option must be exercised on or before six month’s before the expiration of the then-current
term.
4. Rent/Facility Fee. During the Term and any Option Term, Lumberjacks shall pay the
City an annual sum of the following amounts, which amount shall be paid on a quarterly basis:
a. Base Rent. $125,000 per year, which covers the use of all space as specified in
Paragraph 1. This Base Rent will increase two (2) percent during the First Option period – years
3-7 to $127,500; four-percent during the Second Option Period (years 8-12) for a total of
$132,600 and an additional four-percent during the Third Option Period (years 13-17) for a total
of $137,800. Many of the terms in this Agreement are subject to the Base Rent increase above
of two percent, four percent and four percent and will be referred to in this Agreement as the
“Price Escalator.”
b. Ticket Surcharge. In addition to Base Rent, the Lumberjacks agree to allow the
City to implement a ticket surcharge of $1.00 per each ticket sold. It is the understanding of the
Parties that during the First option period this ticket surcharge will be increased to $1.25 per
each ticket sold and during the Second and Third option period, the ticket surcharge will be
limited to $1.50 per ticket sold. It is the mutual understanding of the parties that the ticket
surcharge will increase to $2.00 per ticket sold after the completion of the last year of the Third
option period.
c. Minimum Gross Revenues. The City and the Lumberjacks agree that the
Lumberjacks will guarantee a minimum of $225,000 in Gross Revenue for each year of the
Shared Use Agreement. Gross Revenue includes all monies received by the City with respect to
the Shared Use Agreement, including but not limited to Base Rent, Ticket Surcharge,
Concessions, Merchandise, Signage and any and all other sponsorship or promotional
opportunities related to the Arena that may arise in the future. Any Minimum Gross Revenue
deficiency will be calculated as of June 30th of each year and will be paid within forty-five (45)
days of being determined.
5. Co-Licensee under MLCC License. The City is the owner of a certain Class C License
(No.1962-2015) issued by the Michigan Liquor Control Commission (“MLCC”) for the sale of alcohol
within the Arena (“License”). The MLCC has previously approved the Lumberjacks being added as a co-
licensee of the License. It is the mutual desire of the Parties that the Lumberjacks be dropped as a co-
licensee, Lumberjacks agree to immediately prepare and file with the MLCC all necessary forms and
documents in order to effectuate the “drop” of Lumberjacks as a co-licensee with the City. At all times
during the pendency of the “drop” of Lumberjacks as co-Licensee, Lumberjacks and City shall keep the
License in good standing with the MLCC.
6. City’s Obligations as to Shared Space. To the extent that the City rents the Arena or
hosts an event on the ice surface, it shall not interfere with the Lumberjacks access to or use of the ice for
any Lumberjack hockey games, practices, scheduled hockey related events or any other approved non-
hockey events conducted by Lumberjacks pursuant to separate agreements with the City.
3
7. Repairs and Maintenance.
a. City’s Requirement for Repair and Maintenance. At all times during the Term or
Additional Year, the City, at its sole expense, shall be responsible to keep and maintain
and repair the Arena and Shared Space, and every part thereof, including, but not limited
to, the ice floor, home team and visiting team locker rooms, seating, common areas, the
parking lots serving the Arena, all Zambonis and the Zamboni area, structural,
nonstructural, roof, interior and exterior portions of the buildings, the boiler, the
dehumidification system, lighting and electrical, sound, plumbing and other
improvements located upon the Arena, in good and sanitary order, condition and repair,
and at all times suitable for the uses of the Arena and Shared Space contemplated by
Lumberjacks and the City in entering into this Agreement, except for reasonable use and
wear thereof. As such, the City shall guarantee the facility is in good working order.
b. Cure Period if Repair and/or Maintenance Obligations are Not Met. If the City does
not perform any of its Repair and/or Maintenance Obligations, upon a seven (7) day
written cure period, the team shall be permitted to remedy any deficient repair or
maintenance issue and may, at its option, deduct any reasonable expenses from the rent
and adjust the Minimum Gross Revenue set forth in paragraph 4c accordingly. In the
event any particular repair or maintenance is deemed by the Lumberjacks, in its
reasonable discretion, to be an emergency that cannot wait for the expiration of the seven
(7) day cure period, it may undertake to make such repair or perform such maintenance
and shall be permitted to deduct such expenses incurred from rent as set forth above.
c. Cure Period for Other Defaults by the City. In addition to Repair and Maintenance
Obligations, the City has other requirements that it must meet with respect to the Shared
Agreement, for example, quality of concessions and merchandise. With respect to any
Default by the City relating to any provisions of the Shared Agreement, The Lumberjacks
may use the Cure provision set forth in Paragraph 7b.
8. Utilities. During the Term or Additional Year, the City shall maintain in its own name
all gas, heat, light, power, water and sewer supplied to Lumberjacks at the Arena.
9. Concessions and Merchandise.
a. The City will sell all concessions during the Lumberjack Hockey Dates and the
Additional Events and will provide the Lumberjacks with twenty-percent (20%)
of the gross revenue. The City will also market and manage the team store,
which includes but is not limited to Lumberjacks merchandise. The City will
provide Lumberjacks with twenty-percent (20%) of the gross revenue from all
Jack’s merchandise sold. For both the Concession and Merchandise, it is
important to the parties that the Lumberjacks are able to maintain their quality
and team reputation by insuring the quality of concessions and merchandise, the
amount of merchandise inventory levels and the pricing and quality of any Jack’s
merchandise and concessions. As such, the parties shall mutually agree in
advance to the saleable concessions, merchandise levels, product quality and
pricing of any Jack’s merchandise sold by the City.
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b. For all Lumberjack Hockey Dates and Additional Events, the City, through its
concession and/or Merchandise manager, will provide a detailed report of the
revenue generated for the Lumberjacks and make such report available within
twenty-four (24) hours of the event and payments to the Lumberjacks will be
made within seven (7) days of the event.
10. Box Office. The Lumberjacks will manage all box office operations.
11. Parking. As part of the Base Rent, the City will guarantee 1,000 parking spaces within
1,500 feet of the Arena on Lumberjacks Hockey Dates (“Lumberjacks Parking Area”). Additionally, Lot
A is included in the Base Rent on game days starting no later than 3:00 p.m. Of the 1,000 parking
spaces, any Lumberjack season ticket holder issued a parking pass shall not be charged for parking within
the Lumberjacks Parking Area. Of the remaining 1,000 parking spaces not allocated to Lumberjack
season ticket holders, the City and the Lumberjacks must mutually agree in advance upon any price to be
charged to such customers, as well as the split of any revenues generated therefrom.
12. Sponsorship and Advertising.
a. Shared Sponsorships. The Lumberjacks and the City agree to split 50/50 any and
all net revenue from the 9 sponsorship packages included in Exhibit C. This split also includes
any additional sponsorship or promotional opportunities related to the Arena that may arise in the
future.
b. Jack’s Advertising Revenue. All Advertising revenue for the Lumberjacks
Hockey Dates and Additional Events, including game night signage, on-ice advertising, including
but not limited to dasher boards, center-ice scoreboard and Zamboni, SHALL BE solely the
revenue of the Lumberjacks.
13. Building Access. The City shall provide Lumberjacks keys to access the Arena using the
rear doors along Shoreline Drive, and keys to access to the Shared Space. The Arena manager for the
City will retain a key to the Shared Space should authorized personnel need access.
14. Capital Construction and Arena Modifications.
a. Capital Construction. Subject to the mutual agreement of the City and the
Lumberjacks as to certain improvements to the Stage, Club Loge and moving the Videoboard, the
Lumberjacks agree to pay the upfront costs of such improvements. However, if the Lumberjacks
extend this Agreement to the First Option Period (years 3-7), the City agrees to reimburse the
Lumberjacks its payment of the upfront costs at a rate of twenty (20) percent in each of the years
3-7.
b. Arena Modifications. The City agrees that it will not make any modifications to
the Arena without the express written consent of the Lumberjacks, such consent to not be
unreasonably withheld. However, the condition for agreeing to any arena modifications must
include that the modifications will not adversely impact the Lumberjacks’ use and enjoyment of
the Shared Space for its intended purpose. Prior to any arena modifications the City and
Lumberjacks shall work together in good faith to confirm that such modifications will not have
any adverse impact on the Lumberjacks.
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c. Additional Lease Space, Future Restaurants, Pubs or Retail Space. The City agrees
that it will not engage in any additional leases, Shared Use Agreements or rental arrangements
that impact the Shared Space without the mutual agreement of the City and the Lumberjacks to
the extent there is any impact whatsoever on the Lumberjacks use of the Shared Space for the
purposes set forth in this Agreement (e.g. the issue of patrons of tenants having access to the
Arena in order to view Lumberjack’s hockey games and any Additional Events or conversely the
issue of patrons of the Lumberjacks having access to the tenant’s venue.) The City anticipates
leasing space for two additional restaurants along the Western Ave. side of the Arena. To the
extent this occurs, the City and the Lumberjacks shall work together prior to the execution of the
restaurant leases to ensure that they contain provisions that protect Lumberjacks from being
adversely impacted by such tenancy; to the extent this occurs, the City will use reasonable efforts
to ensure that the Lumberjacks are not materially and adversely impacted by such tenancy,
provided, however, that a commercially reasonable decrease in concession sales due to a
restaurant opening in the Arena shall not be deemed to be such an impact.
d. Rad Dad’s Lease. The City acknowledges that the Rad Dad rental agreement will need
to be amended, or a new agreement will need to be executed in connection with Rad Dad’s being
added as a co-licensee to the MLCC License. The City agrees that it shall work with Rad Dad’s
and the Lumberjacks to ensure that any such amended or new lease shall contain provisions that
address the issues set forth in Paragraph 14(c) above.
15. Rules & Regulations. It is acknowledged and agreed by the Parties hereto that the rules
and regulations that are posted in and about the Arena, as amended from time to time by the City, shall be
incorporated into this Agreement and Lumberjacks agree to abide by them in its use of the Arena.
16. Insurance. Lumberjacks shall, at its sole cost and expense, obtain and maintain liability
insurance necessary to protect Lumberjacks and the City from all claims for damages to property and
persons related to the use of the Arena and the Shared Space, including but not limited to commercial
general liability insurance. Such liability insurance shall provide limits of not less the One Million Dollars
($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the aggregate for each bodily
injury, property damage and personal injury. The City shall be named as an additional insured in any such
policy, and Lumberjacks shall furnish to The City certificates of insurance or other appropriate
documentation (including evidence of renewal of insurance) evidencing all coverage required hereunder.
Such certificates or other documentation shall include a provision whereby the City must receive not less
than thirty (30) days notice prior to any coverage cancellation or any material change in coverage. Any
such cancellation or material change in coverage shall not relieve Lumberjacks of the continuing
obligation to maintain insurance coverage in accordance with this Agreement.
17. Default.
a. By Lumberjacks. The violation of any term, provision or condition of this
Agreement by Lumberjacks, including the failure to pay any amounts owed to the City shall be an
event of default. Notwithstanding the foregoing, prior to declaring a default, the City agrees to
provide Lumberjacks with a written notice of default, specifying the nature of the default, and
what actions are required to be taken by Lumberjacks to cure the default. Lumberjacks shall have
three (3) business days thereafter to cure the default, provided Lumberjacks shall have such
extended period as may be required beyond the three (3) business days if the nature of the cure is
such that it reasonably requires more than three (3) business days and Lumberjacks commence
the cure within the three (3) business day period and thereafter continuously and diligently
pursues the cure to completion. In such event, the City may suspend Lumberjacks’ continued use
of the Arena and Shared Space until such time as Lumberjacks cures the default. Upon the
expiration or early termination of this Agreement, Lumberjacks shall be permitted to remove all
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personal property and removable equipment owned by Lumberjacks from the Arena, which
removal shall occur within a reasonable time (not to exceed 14 days) following expiration or
termination. In the event of a non-monetary default and a failure of Lumberjacks to cure as
provided above, the City may elect to terminate this Agreement as its sole remedy. In the event
of a monetary default, in addition to terminating this Agreement, the City shall be permitted to
initiate legal proceeding to recover any monies owed under this Agreement. In such event, the
prevailing party in any litigation or other legal proceedings arising under this Agreement shall be
entitled to reimbursement from the non-prevailing party for reasonable attorneys’ fees and
expenses.
b. By the City. The violation of any term, provision or condition of this Agreement
by the City, including the failure to perform any of its obligations under this Agreement, shall be
an event of default. Notwithstanding the foregoing, prior to declaring a default, Lumberjacks
agrees to provide the City with a written notice of default, specifying the nature of the default,
and what actions are required to be taken by the City to cure the default. The City shall have
three (3) business days thereafter to cure the default, provided the City shall have such extended
period as may be required beyond the three (3) business days if the nature of the cure is such that
it reasonably requires more than three (3) business days and the City commences the cure within
the three (3) business day period and thereafter continuously and diligently pursues the cure to
completion. In the event that the City fails to cure the default, and such default substantively and
materially interferes with the use of the Shared Space for the purpose agreed to by the City and
Lumberjacks, Lumberjacks are permitted to undertake any actions necessary to cure the default,
and if such cure requires the expenditure of money, Lumberjacks shall be entitled to deduct said
amount from Rent or Facility Fee next coming due to the City under this Agreement.
Notwithstanding for foregoing, in the event that the City receives a notice of default from
Lumberjacks and in good faith disputes that both the existence of the default and its obligation to
effectuate the requested cure, the failure to immediately undertake the requested cure shall not
provide the grounds to permit Lumberjacks from curing the default and deducting monies
expended from Rent or Facility Fee next coming due to the City under this Agreement. The
prevailing party in any litigation or other legal proceedings arising under this Agreement shall be
entitled to reimbursement from the non-prevailing party for reasonable attorneys’ fees and
expenses.
18. City Participation. For each year of the Shared Use Agreement, including any Option
periods, the City agrees to purchase a $20,000 advertising package which includes 15 season tickets in the
Jacks Club, a Party Deck on Opening Night for 75 people, 150 tickets for the Boys and Girls Club and a
Party Deck with 100 tickets on Saturday night in January, which event shall include the Jack’s Meal Deal
and the team wearing mutually agreed upon City Specialty Jerseys. The above prices are subject to the
Price Escalator in Paragraph 4A.
19. Scoreboard and Personal Property. In consideration of the long-term partnership
between the Lumberjacks and the City, the Lumberjacks agree to relinquish all rights to the video board
and scoreboard, which will become the sold property of the City. The City must maintain the video board
and scoreboard and keep them in good working condition, otherwise the Lumberjacks may maintain the
system and charge the City for any such deficient conditions. Additionally, the City acknowledges that
nothing contained in this Agreement is “personal property” to the Lumberjacks and that the City will be
responsible for all personal property taxes incurred as part of the Shared Space set forth in paragraph 1.
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20. Assignment. Lumberjacks may assign this Agreement, or any right or obligation under
this Agreement to any third party approved by the USHL Board of Commissioners to operate a USHL
junior hockey franchise or any other hockey organization that the Lumberjacks become affiliated with. In
the event that the City no longer owns, leases or manages the Arena, the City agrees to assign this
Agreement to any successor owner, lessee or manager of the Arena, each of whom shall agree to assign
this Agreement to any future successor owner, lessee or manager. The City shall provide written notice of
any such assignment to Lumberjacks, identifying the new party.
21. Amendment and Waiver. This Agreement may be amended only in writing signed by
both parties. The provisions of this Agreement may be waived only in writing signed by the party waiving
compliance. The failure of any party at one time to require performance of any provision of this
Agreement shall not affect the right of that party at a later time to enforce the provision. No waiver by any
party of a breach of any provision in any one or more instances shall be deemed to be an amendment or a
continuing waiver of the provision.
22. Applicable Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Michigan.
23. Jurisdiction and Venue. Any dispute under this Agreement shall be resolved in
accordance with the laws of the State of Michigan, including with respect to jurisdiction and venue.
24. Severability. If any provision of this Agreement is held to be contrary to law or
otherwise unenforceable, in whole or in part, then such provision shall be modified and amended to the
extent necessary to be enforceable to the maximum extent permitted by applicable law and if such
modification or amendment is not possible, then the offending provision shall be severed from and shall
not affect the remaining terms of this Agreement, which shall be interpreted as if the unenforceable
provisions were absent from this Agreement.
25. Title and Headings. Titles and headings are inserted in this agreement for referenced
purposes only and must not be used to interpret the Agreement.
26. Entire Agreement. This Agreement contains the entire understanding among the Parties
hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous
agreements and understandings, inducements, or conditions, express or implied, oral or written, except as
herein contained. The express terms hereof control and supersede any course of performance or usage of
the trade inconsistent with any of the terms hereof.
The Parties hereto have executed this Agreement on the dates set forth below.
Lumberjacks – WC Hockey, LLC City – City of Muskegon
By: ________________________________ By: ________________________________
Name: Daniel L. Israel Name: Franklin Peterson
Title: Manager Title: City Manager
Date: March ___, 2019 Date: March ___, 2019
By: ________________________________
Name: Ann Meisch
Title: City Clerk
Date: March ___, 2019
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Exhibit A
Shared Space
Lumberjacks Shared Space Areas:
• Lumberjacks locker room
• offices (need to identify offices including Sales Office, GM Office, Existing Coaches Offices, and
Finance and Accounting Office (collectively, “Office Space”)
• changing Room next to Assistant Coaches Office. This room is used by the coaching staff to
change clothes
• Merchandise Store (should be the name) gift shop area during Lumberjack home games. The
City shall permit the placement of temporary kiosk stations
• laundry facilities
Other Occupants Shared Space Areas:
• non-exclusive use of the shower room
• training room, subject to the Lumberjacks priority of usage for educational purposes, viewing
game film, team meetings, etc. consistent with its historical use
• weight/workout room and puck shooting training area (RP Hockey to use for a fee that shall be
paid to and retained by Lumberjacks at rates set forth in the RP Lease). It is understood that the
current location of the shooting area may need to change. The City agrees to cooperate in finding
a suitable alternative location should this occur
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Exhibit B
Diagram of Shared Space
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Exhibit C
Annual Sponsorships
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 11, 2020 Title: Beach Noise and Signage
Submitted By: Commissioner Emory Department: City Commission
Brief Summary: We have received a request from Commissioner Emory to install signage at the
beach pertaining to noise rules and alcohol consumption. The request also included a request to
reduce the music level coming from The Deck Restaurant.
Detailed Summary: Commissioner Emory’s email is shown below verbatim:
I have received multiple complaints from residents of Harbour Town and Beachwood/Bluffton neighborhoods
regarding the volume of music coming from The Deck this year. These neighbors have lived in their homes for
many years and all say The Deck music is much louder this year than in the past. I made a call to after hours
911 to have an officer go to The Deck and have the volume lowered. I was told "it isn't that loud" but he would
do what he could. It was reported to me a hour later that the music was not turned down but was now
louder. These residents are hearing the feeling the base boom over their TV's and air conditioning. I went
around the neighborhoods to check on the volume, I could hear it on Edgewater, Cherry St and on E Harbour
Towne. If the music is so loud that it is disturbing the peace of our residents it is too loud and must be lowered.
I also noticed there are no signs on the beach this year prohibiting loud music, noise, alcohol. Why are these
signs not there?
Thank you for your attention to this
Teresa
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Staff has no recommendation on this item and has received no more complaints in
2020 than in years’ past. The beach is significantly busier this year.
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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