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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 12, 2021 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
REMOTE MEETING
AGENDA
□ CALL TO ORDER:
□ ROLL CALL:
□ HONORS/AWARDS/PRESENTATIONS:
A. Lead Grant Summary
□ PUBLIC COMMENT ON AN AGENDA ITEM:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. FY2020-21 Sewer Rate Adjustment Finance
C. Western Market Rent City Clerk
D. Electricity Upgrade at Western Market City Clerk
E. Special Event Fees City Clerk
F. Non-Union PT and LT Wage Matrix EEO & Employee Relations
G. Extension of Temporary Employment Services Agreement EEO &
Employment Relations
H. Vinyl Siding Installer Contracts for FY 2020 CNS
I. Transmittal of 06/30/2020 Comprehensive Annual Financial Report
Finance
J. Obsolete Property Rehabilitation Certificate – Chart House Energy – name
change to Chart House Energy Opportunity Fund, LLC Planning
K. Alley Vacation – Art Museum Planning
L. Sale – 219 Merrill Avenue City Manager
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M. Sale – 275 Mason Avenue City Manager
N. Sale – 346 Mason Avenue City Manager
O. Convention Center Agreements City Manager
P. Marshall Street Elevated Tank Painting Public Works – Filtration
Q. As – Needed Forestry Services Public Works
R. Police Cruiser Replacement Equipment
S. PILOT Village at Jackson Hill Planning
T. Paid Parking Policy – Development Services Development Services
U. Changes to the Fee Schedule for Paid Parking at Beaches
Development Services
V. Sale – 352 Mason Avenue City Manager
□ PUBLIC HEARINGS:
A. Lakeside BID Special Assessment Roll Public Hearing and Resolution
Economic Development
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Amendment to the Marihuana Facilities Overlay District – 965 W Western,
920 Washington Ave, and 1330 Division St Planning
B. Amendment to the Marihuana Facilities Overlay District – 420 Harvey
Street (1) Planning
C. Amendment to the Marihuana Facilities Overlay District – 420 Harvey
Street (2) Planning
D. Hartford Terrace Development Agreement Development Services
E. Housing Commission Ordinance Amendment Development Services
F. Street Vacation – Harbor 31 Planning
G. Amendment to the PUD at Harbor 31 Planning
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
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□ 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 3 of 3
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 12, 2021 Title: Lead Grant Summary
Submitted By: Sharonda Carson Department: Community & Neighborhood
Services
Brief Summary: Staff will present a summary of the lead grant program
Detailed Summary:
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: N/A
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Lead Safe Muskegon Program
Program Funding from Medicaid Children’s Health Insurance Plan (CHIP) dollars
Funding covers the objectives of
Education & Engagement
Investigations
Abatement
Administered by the Michigan Department of Health and Human Services (MDHHS)
Local program managed by Sharonda Carson, Community Development Specialist for the Community
and Neighborhood Services Department
City awarded $880,000 in October 2019, and another $880,000 in October 2020
Program has successfully serviced 26 homes within Muskegon County, totaling about $730,000
A map showing each project location and cost can be accessed here
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 12, 2021 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the December 7, 2020 Worksession and December 8,
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 WORKSESSION
Monday, December 7, 2020
5:30 pm
City Commission Chambers
REMOTE MEETING
MINUTES
2020-90
Present: Mayor Gawron (Muskegon, MI), Vice Mayor Hood (Muskegon, MI),
Commissioners Rinsema-Sybenga (Muskegon, MI), Emory (Muskegon, MI), Johnson
(Muskegon, MI), Ramsey (arrived at 6:00 p.m. – Muskegon, MI), and German
(Muskegon, MI).
Absent: None.
Commission Chambers Electronics Update – City Clerk
The City Clerk updated the Commissioner on the project of updating the commission
chambers audio and visual equipment to enhance the training experience for our
election inspectors. Keith Roelfsema and Ward LaDuke from Vizidef explained what is
being done. Commissioners can expect better video, better video quality, better video
reliability, as well as a better audio experience for all. Vizidef recommends using
YouTube for our streaming service for several reasons – their platform is specifically
designed for sharing video.
Village at Jackson Hill PILOT – Planning
General Capital (“GCG”) is under contract to purchase the Village at Jackson Hill, a 40-
unit senior tax credit apartment complex constructed about 15 years ago at 557
McLaren Avenue. GCG intends to apply to MSHDA for 9% tax credits to rehabilitate the
project. In order for the project to receive a high enough score to be competitive to
receive an allocation of credits, they are asking that the City consider adopting a new
PILOT for the program. The existing 4% PILOT terminates in 2027 and MSHDA
requires a PILOT with a longer term to receive the PILOT points.
If successful in receiving a tax credit award, GCG intends to rehabilitate the project.
They anticipate spending approximately $48,000 per unit in hard construction costs.
The rehabilitation will include creating visitable and truly handicap accessible units. In
addition, if successful in receiving an award of the credits the Area Median Income
(“AMI”) unit mix of the project will expand. Currently, the project has 2 60% AMI units,
18 45% AMI units, and 20 40% AMI units. With a new tax credit award, the unit AMI mix
will shift to 5 units at 30% AMI, 5 units at 40% AMI, 1 unit at 50% AMI, 16 units at 40%
AMI, and 13 units at 80% AMI.
With the change in unit mix the gross potential rental revenue at the project will increase
from approximately $260,000 to $330,000. This increase will happen over time, as the
current tenants will not be displaced. Rents will increase in the same manner they have
in the past. As new tenants take occupancy, the rents will increase to the new AMI
limits.
The current owners are paying a 4% PILOT and it expires in 2027. GCG is requesting to
extend the PILOT 25 years (until 2046) and is willing to adjust the PILOT payments to
include a municipal services fee.
Jake Eckholm, Economic Development, provided a summary of the project to the City
Commission. Josh Haffron, GCG, also provided information on the project.
Discussion took place.
Body Camera Purchase – Public Safety
The Public Safety Department (Police) is requesting permission to purchase
Motorla/WatchGuard Body Worn Cameras and In-Car Video Systems for our marked
police cars.
The Public Safety Department (Police) is requesting to contract with
Motorola/WatchGuard to purchase seventy (70) body worn cameras to be worn by
Muskegon Police Offices. In order to integrate our systems, twenty-four (24) in car video
systems will also be purchased, replacing our current L-3/SafeFleet in car systems. We
will be able to merge audio/video files from both body worn camera and in-car video to
be stored and viewed in one file. We would not have this capability if we stayed with L-
3/SafeFleet’s product. In consulting with IT, we were experiencing more long term
technical issues with the performance of our current L-3/SafeFleet product and it was
recommended we upgrade to the Motorola/WatchGuard system. We were able to
negotiate a significant discount to cover the remaining product life of our current system.
Public Safety Director – Chief Jeff Lewis, Captain Dennis Lord, and Mike Muskovin from
Motorola provided an overview of the request and answered questions from the
Commission.
Discussion ensued. This item will be placed before the Commission on Tuesday,
December 8, 2020 for consideration.
Paid Parking Proposal – Development Services
Staff is seeking input on the proposal for paid parking at the city’s beach parks for 2021.
The proposal includes staff recommendations for General Information, Residents/Non-
Residents, Rates, Enforcement, and Communication.
Commissioners made suggestions, asked questions, and discussed the proposal.
Staff will do more work on the proposal to attempt to incorporate recommendations from
the discussion. Another proposal will be presented at a later date.
Convention Center Naming Rights – City Manager
Staff is seeking approval of two agreements: authorizing the City to enter into the
Convention Center Naming Rights and Sponsorship Agreement with VanDyk Mortgage
Corporation; and approving corresponding amendment to the Convention Center
Management Agreement with Parkland.
In an effort to raise additional capital to ensure the highest quality convention center
without levying additional taxes or fees, on November 26, 2019, staff was authorized to
identify strategic advertising partners within the new convention center, the goal was to
raise at least $1 Million over a period not to exceed 20 years.
Staff is pleased to present a naming-rights agreement with VanDyk Mortgage that will
generate $150,000 annually for the next 10 years. Over that 10-year period, the city will
net approximately $1 Million after paying sellers commissions, installing signage, and
compensating Parkland $2,000 per month for convention center operation costs
associated with the VanDyk Agreement. The net income from the initial sponsor
commitment has exceeded expectations and will be used to offset approximately $2
Million in unexpected cost overruns at the facility. Staff intends to seek out other
strategic partners to name/sponsor interior signage.
City Manager Frank Peterson provided a summary of the request for approval of
Convention Center Naming Rights agreement. This item will be considered at the
regular City Commission meeting on Tuesday, December 8, 2020.
Parkland Properties Marina Agreement – City Manager
Staff is seeking approval of the development agreement with Parkland Properties to
construct a dry marina on property mutually encumbered by the City of Muskegon and
Parkland Properties.
Many years ago, as part of the development of the SPX corporate headquarters, a
piece of the land was encumbered for mutual benefit of the property owner and the
public. The result of the agreement is that the land be perpetually used as a parking lot.
Over time, the hotel was developed and the ownership interests of SPX now belong to
Parkland Properties. In an effort to find a higher and better user for the property, staff
worked with Parkland Properties to create a development agreement that results in
redevelopment of the site to accommodate a dry marina and replace the public parking
spaces along the Terrace Point Drive median. The development would also include the
construction of townhomes overlooking Terrace Point Drive and the Shoreline Inn.
The Developer will invest in excess of $4 Million in initial costs to construct the dry
marina and improve the parking along Terrace Point Drive from Shoreline drive to the
Terrace Pointe Traffic Circle. The Developer will also invest in excess of $5 Million in
new residential development on the Parkland-owned property located at 650 Terrace
Point Drive. The project could take as long as 5 years, depending on State and Federal
approval processes.
City Manager Frank Peterson and John Rooks, owner of Parkland Properties, provided
a summary of the proposed agreement. Discussion took place. This item will be
considered at the regular City Commission meeting on Tuesday, December 8, 2020.
Public Comments – No Public Comments were received.
The Worksession Meeting adjourned at 7:52 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
DECEMBER 8, 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, December 8, 2020.
ROLL CALL FOR THE REGUAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron (Muskegon, MI), Vice Mayor Eric Hood
(Muskegon, MI) Commissioners Ken Johnson (Muskegon, MI), Dan Rinsema-
Sybenga (Muskegon, MI), Willie German, Jr. (Muskegon, MI), Teresa Emory
(Muskegon, MI), and Michael Ramsey (Muskegon, MI), City Manager Frank
Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
HONORS/AWARDS/PRESENTATIONS:
A. 2016-2021 Vision Update
City Manager, Frank Peterson, shared a presentation with the City Commission
to update all on the progress of goals and visions that were identified by the City
Commission in January 2016. The goals fall into four distinct areas of housing,
image, quality of life, and revitalizing revenue.
PUBLIC COMMENT ON AN AGENDA ITEM: Public comments received.
2020-91 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the November 24, 2020
Regular City Commission Meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. Gaming License Request from Muskegon Pregnancy Services City Clerk
SUMMARY OF REQUEST: Muskegon Pregnancy Services is requesting a resolution
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recognizing them as a non-profit organization operating in the City for the
purpose of obtaining a raffle license.
STAFF RECOMMENDATION: To approve the request from Muskegon
Pregnancy Services to be recognized as a non-profit operating in the City for
the purpose of obtaining a raffle license.
C. MERS Defined Contribution Plan Adoption Agreements Addendum
Finance
SUMMARY OF REQUEST: MERS of Michigan, our Pension Plan Administrator, is
asking all clients to complete and update plan adoption agreements so they
can ensure the details of our plans are accurately documented. Staff is seeking
your approval of the Defined Contribution Plan Agreement Addendums
presented.
MERS of Michigan is asking the City of Muskegon to review and update our
Defined Contribution Plan Adoption Agreements for each of our seven division,
Non-Union, Clerical, 517m DPW, Police Patrol, Command and Fire. I have
attached the Plan Adoption Agreement Addendums for each division. Please
note we have not changed any of the provisions of our plans, this is a MERS
request so they can ensure accuracy.
STAFF RECOMMENDATION: To approve the MERS Contribution Benefit Plan
Adoption Agreement Addendums as presented.
D. Non-Union Pay/Benefits City Manager
SUMMARY OF REQUEST: Staff is seeking approval of the 2021 Non-Union
Employee Wage and Benefit Program as detailed below.
The following changes are proposed:
1. With CPI below 1% and unknown long-term impacts of COVID-19, we
are seeking an equivalent 0.75% lump sum payment to all non-union
staff in lieu of a cost-of-living adjustment. The payments would be
equalized so all eligible employees received the same lump sum
amount of $500. Based on 52 eligible employees, the total cost of this
benefit is estimated at $26,000, plus applicable payroll taxes and
benefits equal to $5,200.
2. Every March, employees are able to cash out a portion of the value of
their accrued and unused sick time. To receive the full value, the
employee is required to deposit the proceeds directly into a retirement
savings account or a dependent college savings fund. We are asking
to make an exception this year and remove the requirement to invest
those funds into either of those savings accounts. This should be cost-
neutral to the city. We would recommend that this be a one-year
benefit change.
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No budget amendment will be necessary.
AMOUNT REQUESTED: $31,200 AMOUNT BUDGETED: $31,200
FUND OR ACCOUNT: Various
STAFF RECOMMENDATION: To approve the non-union pay employee wage
and benefit program as detailed.
F. Beach Warning System Public Works
SUMMARY OF REQUEST: Authorize staff to contract with SwimSmart Warning
Systems to provide and install a beach warning system at Pere Marquette Park
and to contract with Windemueller Electric to provide electrician services to
assist with the installation.
Staff has been working on the proposal with Jacob Soter from SwimSmart
Warning Systems that will include installation of beach hazard warning systems
at two locations within Pere Marquette Park. The locations will be at the
bathhouse and at the kite shack building. At each location a wood pole will be
installed with a dome light mounted to the pole, in addition a smaller set of lights
will be mounted on the side of the building facing out towards the parking lot.
The pole mounted light will be a red strobe light that will blink only during high
hazard days on the beach, and we can install a shield if needed to shield the
east side of the lights away from the houses along Beach Street though I would
propose to do this later only if it becomes an issue. Based on preliminary
information the two lights will provide a visual cue for the area from the Water
Filtration Plant north to the Breakwater arms. No audible warning is included. The
building mounted light will be a smaller three colored light in red/yellow/green
that will indicate the NOAA supplied swim conditions for the day. The building
mounted lights are smaller and meant to provide information to beach users as
they move from the parking areas to the beach. Both lights will be wired into the
electric service at each building and will be automatically controlled based on
information provided through the NOAA website. This system will provide
immediate updates supported by NOAA on a consistent basis and eliminate the
need for staff to continuously monitor and adjust throughout the day.
If approved the system would be proposed for installation in the Spring of 2021
and operational for beach season.
Funding is proposed to be drawn from the Parks Department Contractual
Services budget that is currently under budget based on the reduced expenses
incurred to date during the current fiscal year.
AMOUNT REQUESTED: $13,600 AMOUNT BUDGETED: $0
$7,600 SwimSmart Warning Systems
$6,000 Windemueller Electric
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FUND OR ACCOUNT: 101-70751-5346
STAFF RECOMMENDATION: Authorize staff to contract with SwimSmart Beach
Warning Systems and Windemueller Electric for the installation of a beach
hazard warning system at Pere Marquette Park.
G. CZM Grant Application Public Works
SUMMARY OF REQUEST: Authorize staff to submit a grant application to the
Michigan Department of Environment, Great Lakes, and Energy (MDEGLE)
through the Coastal Zone Management Program and provide resolution of
support along with a commitment of matching funds.
The State of Michigan is making available funding through the Coastal Zone
Management (CZM) program to assist communities in supporting Great Lakes
Coastal Zones. Staff would like to pursue a grant application within the program
which requires a 50/50 match. The grant application would be focused on
Grand Trunk Access Site.
If awarded the grant would be used to fund completion of design plans related
to the attached improvements that were previously submitted for an MDNR
Land and Water Conservation Fund Grant which was later retracted. The
proposed plan represents an overall investment of approximately $1.5 Million
dollars into improvements at the site and would be a potential project for
multiple MDNR and USFWS grant opportunities. The estimated cost to prepare
design plans is $100,000.
The goal of the grant would be to prepare a further refined and biddable
design that could be used to pursue additional grant funding opportunities
related to the construction of the proposed improvements for the site.
The earliest grant funding would be available is October 1, 2021 so any match
dollars would be required within the 21/22 budget year.
Submission of the grant application requires a commitment of matching funds
and resolution of support from the City Commission.
AMOUNT REQUESTED: $50,000 AMOUNT BUDGETED: $50,000 (FY21/22)
FUND OR ACCOUNT: 404
STAFF RECOMMENDATION: Approve staff to submit a Coastal Zone
Management Grant through the State of Michigan Department of Environment,
Great Lakes, and Energy for improvements at Grand Trunk Access site and
authorize the clerk to sign the resolution providing for support and commitment
of matching funds.
H. DWAM Grant Application Public Works
SUMMARY OF REQUEST: Authorize staff to submit a grant application to the
Michigan Department of Environment, Great Lakes, and Energy (MDEGLE)
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through the Drinking Water Asset Management Program.
The State of Michigan is making available funding through the Drinking Water
Asset Management (DWAM) program to assist communities in supporting the
goals of asset management. Staff would like to pursue a grant application in the
first quarter (due by January 1). Staff is still working to finalize the details of the
application but it will likely include some or all of the following items:
• Condition verification, and GPS point collection of all hydrants and
valves and incorporation into city GIS system for improved record
keeping and maintenance.
• Field verification of lead service lines. Assistance to perform
excavation and physical verification of questionable areas to guide
future investment.
• Updates to the water main information in the GIS System. The
sanitary sewer and storm sewers were nearly fully collected during
the previous funding cycle (SAW). This would get our water system
at or above the same level of accuracy.
• Update to the system wide hydraulic model. Perform routine
update to the hydraulic model that helps identify solutions to
problem areas and guide future investment to maximize efficiency.
• Update to the financial analysis and verification of rate study for
future years.
The funding for this program comes from the $500M Clean Water investment
announced by the State of Michigan earlier this year. The program offers a total
of $36.5M statewide for these efforts. There is zero match dollars required for this
grant application. No formal resolution of support is required, however we
wanted to make you aware of our intention to apply and offer an opportunity
for comment.
AMOUNT REQUESTED: $0 AMOUNT BUDGETED: $0
FUND OR ACCOUNT: 591
STAFF RECOMMENDATION: Authorize staff to submit for a Drinking Water
Assent Management Grant through the State of Michigan Department of
Environment, Great Lakes, and Energy in the 1st Quarter Application Period.
I. Michigan & Franklin Reconstruction Public Works
SUMMARY OF REQUEST: Authorize the award of the Michigan Avenue and
Franklin Street reconstruction project to the low bidder, Wadel Stabilization, Inc.
Staff solicited bids for the road reconstruction on Michigan Avenue from
Lakeshore Drive east to Hudson Street and on Franklin Street from Michigan
Avenue north to West Western Avenue in the Nims Neighborhood.
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Bids were received as follows:
• $829,357.35 – Wadel Stabilization
• $853,948.06 – Brenner Excavating
• $857,235.65 – Jackson-Merkey
• $878,698.68 – West Michigan Dirtworks
• $889,145.80 – McCormick Sand
• $950,858.50 – Hallack Contracting
• $982,508.85 – Diversco Construction
• $997,868.30 – Kamminga & Roodvoets
• $1,091,692.90 – Terra Contractors
The project was included in the 20-21 budget with funds being drawn from the
Major Street, Water, and Sewer funds. The collective bids are below the
budgeted amounts for the project and no reforecasting adjustment is
anticipated at this time. The project would be constructed during the 2021
construction season.
AMOUNT REQUESTED: $829,357.35 AMOUNT BUDGETED: $900,000
FUND OR ACCOUNT: 202-92003 - $800,000
590-92003 - $50,000
591-92003 - $50,000
STAFF RECOMMENDATION: Approve the award of the Michigan Avenue and
Franklin Street project to the low bidder, Wadel Stabilization, and authorize staff
to sign the contracts.
K. Westwood Change Order #002 Public Works
SUMMARY OF REQUEST: Staff is seeking authorization to approve Change Order
#002 to the sewer project work on Westwood Street in the Glenside
Neighborhood.
Final quantity measurements have been completed for the water and sewer
work conducted primarily on Westwood Street in the Glenside neighborhood
and the project has been recommended for final acceptance and closeout
Change Order #002 represents an increase to the Contract value of $23,247.87.
Combined with the previously approved Change Order #001 the total change
order value for the project stands at $36,602.20 on an original contract value of
$1,245,042.00 for a net final increase of 2.9%. The approved project budgets
contained a contingency of ~6% so this final balancing does not exceed the
budgeted contingency. Future reforecasts will reduce the total budgeted cost
of this project.
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The change order is a result of additional expenses incurred to reconnect the
irrigation at McGraft Park that were not originally anticipated, and various other
small changes throughout the course of the project.
AMOUNT REQUESTED: $0 AMOUNT BUDGETED: $0
FUND OR ACCOUNT: 590/591-91855
STAFF RECOMMENDATION: Authorize staff to approve Change order #002 to
the Westwood Sewer Project with Kamminga and Roodvoets in the amount of
$23,247.87 for a total net change on the project of $36,602.20.
M. NEZ Certificates Planning
SUMMARY OF REQUEST: Applications for Neighborhood Enterprise Zone (NEZ)
certificates have been received for homes at the Terrace Point Landing
Development. The applications are for the following addresses: 319, 676, 678,
680, 682, and 686 Terrace Point. All applicants have met local and state
requirements for the issuance of the NEZ certificates.
STAFF RECOMMENDATION: To approve the NEZ certificates at 319, 676, 678,
680, 682, 684, and 686 Terrace Point Drive for a duration of 12 years.
P. Parkland Properties Marina Agreement City Manager
SUMMARY OF REQUEST: Staff is seeking approval of the attached development
agreement with Parkland Properties to construct a dry marina on property
mutually encumbered by the City of Muskegon and Parkland Properties.
Many years ago, as part of the development of the SPX corporate
headquarters, a piece of the land was encumbered for mutual benefit of the
property owner and the public. The result of the agreement is that the land be
perpetually used as a parking lot. Over time, the hotel was developed and the
ownership interests of SPX now belong to Parkland Properties. In an effort to find
a higher and better use for the property, staff has worked with Parkland
Properties to create a development agreement that results in redevelopment of
the site to accommodate a dry marina and replace the public parking spaces
along the Terrace Point Drive median. The development would also include the
construction of townhomes overlooking Terrace Point Drive and the Shoreline
Inn.
The Developer will invest in excess of $4 Million in initial costs to construct the dry
marina and improve the parking along Terrace Point Drive from Shoreline Drive
to the Terrace Pointe Traffic Circle. The developer will also invest in excess of $5
Million in new residential development on the Parkland-owned property located
at 650 Terrace Point Drive. The project could take as long as 5 years, depending
on State and Federal approval processes.
STAFF RECOMMENDATION: To authorize the City Manager to sign the
Development Agreement.
Page 7 of 17
Motion by Commissioner Johnson, second by Vice Mayor Hood, to approve the
consent agenda as presented, minus items E, J, L, N, O, and Q.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
and Johnson
Nays: None
MOTION PASSES
2020-92 REMOVED FROM CONSENT AGENDA:
E. Body Camera Purchase Public Safety
SUMMARY OF REQUEST: The Public Safety Department (Police) is requesting
permission to purchase Motorola/WatchGuard Body Worn Cameras and In-Car
Video Systems for our marked police cars.
The Public Safety Department (Police) is requesting to contract with
Motorola/WatchGuard to purchase seventy (70) body worn cameras to be
worn by Muskegon Police Officers. In order to integrate our systems, twenty-four
(24) in car video systems will also be purchased, replacing our current L-
3/SafeFleet in car systems. We will be able merge audio/video files from both
body worn camera and in-car video to be stored and viewed in one file. We
would not have this capability of we stayed with L-3/SafeFleet’s product. In
consulting with IT, we were experiencing more long-term technical issues with
the performance of our current L-3/SafeFleet product and it was recommended
we upgrade to the Motorala/Watchguard system. We were able to negotiate a
significant discount to cover the remaining product life of our current system.
AMOUNT REQUESTED: $477,499.33 AMOUNT BUDGETED: $0
FUND OR ACCOUNT: General Fund – 101
STAFF RECOMMENDATION: Approval for the purchase of body cameras and
in-car video systems for the Muskegon Police Department
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to approve the purchase of body cameras and in-car video systems for the
Muskegon Police Department.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
and Gawron
Nays: None
MOTION PASSES
J. Beach Street Expanded Parking Public Works
SUMMARY OF REQUEST: Authorize staff to approve Amendment #001 to the
contract with DLZ to provide the design engineering services related to design
and construction oversight of the proposed expansion of parking and
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construction of a pedestrian boardwalk along Beach Street within Pere
Marquette Park.
Following up on a topic from earlier in November staff has solicited a proposal to
provide engineering services related to constructing additional parking and a
pedestrian boardwalk along Beach Street as a part of the currently active
county water main project.
DLZ provided the original engineering for the project and this amendment
includes the design work necessary to complete a design as shown in the
attachment. DPW reviewed the proposal from DLZ and was unable to provide a
matching service in house based on prior commitments for Engineering
Department staff. The proposed amendment was reviewed and deemed
reasonable based on the estimated cost of the project.
If approved, DLZ will complete the attached design and work with the current
contractor (Hallack Contracting) to prepare a detailed change order for the
additional work.
After design work is completed staff would return to Commission with
Amendment #002 to the DLZ Contract for the Construction Engineering Services
($36,500 as shown in attached proposal) and with a change order for Hallack
Contracting for a TBD amount to amend the existing contract for the Bach
Street construction.
AMOUNT REQUESTED: $31,000 AMOUNT BUDGETED: $0
FUND OR ACCOUNT: Propose to add 404-91917-5346 to a future reforecast.
91917 is the designation for the current project on Beach Street though only
contains funding from 202 and 591.
STAFF RECOMMENDATION: Authorize staff to approve the design
engineering portion of the DLZ proposal as Amendment #001 to our existing
contract with DLZ to provide design engineering services related to the
expanded beach parking and pedestrian paths within Pere Marquette Park.
Motion by Commissioner Emory, second by Commissioner Rinsema-Sybenga, to
authorize staff to approve the design engineering portion of the DLZ proposal as
Amendment #001 to our existing contract with DLZ to provide design
engineering services related to the expanded beach parking and pedestrian
paths within Pere Marquette Park.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
L. Installment Purchase Agreement Approval – Jackson Hill Infill Housing
Development Services
Page 9 of 17
SUMMARY OF REQUEST: Staff is seeking approval of the installment purchase
agreement between the Community Foundation for Muskegon County, LRS
Enterprises, and the City. The $355,000 loan will supply a portion of the funds for
the Jackson Hill Infill Housing Development.
At the September 22, 2020 regular commission meeting, staff received
authorization to work with the Community Foundation for Muskegon County to
make a Program Related Investment of $355,000 to undertake construction of
the first two homes in this multi-year development project. The City agreed to
loan $75,000 from its Economic Development Revolving Loan Fund for the
project as well. The CFFMC will be repaid upon sale of the homes, and the City
will be repaid with tax increment financing. Staff worked with our bond counsel
from Miller Canfield to develop documents that follow Act 99 of 1933 which
authorizes cities to enter into installment purchase agreements. The agreement
acts as the Note and is a limited tax general obligation of the City of Muskegon.
Attached are the installment purchase agreement documents associated with
the PRI from the CFFMC.
AMOUNT REQUESTED: None at this time.
AMOUNT BUDGETED: Payback determined next year.
FUND OR ACCOUNT: Economic Development Fund – 493
STAFF RECOMMENDATION: To approve the installment purchase agreement
between the Community Foundation for Muskegon County, LRS Enterprises, and
the City, approve the resolution authorizing the installment purchase
agreement, and authorize the mayor and clerk to sign.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to approve the installment purchase agreement between the Community
Foundation for Muskegon County, LRS Enterprises, and the City, approve the
resolution authorizing the installment purchase agreement, and authorize the
mayor and clerk to sign.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
and Ramsey
Nays: None
MOTION PASSES
N. Street/Alley Vacations Planning
SUMMARY OF REQUEST: Staff initiated request to vacate the following streets
and alley: E Muskegon Avenue between Cedar Street and Emerald Street,
Rathborn Street between Walton Avenue and Eastern Avenue; and the alley
east of Cedar Street and west of Eastern Avenue between Walton Avenue and
Yuba Street.
The Planning Commission unanimously recommended vacation of the streets
Page 10 of 17
and alley.
STAFF RECOMMENDATION: To vacate E Muskegon Avenue between Cedar
Street and Emerald Street; Rathborn Street between Walton Avenue and Eastern
Avenue; and the alley east of Cedar Street and west of Eastern Avenue
between Walton Avenue and Yuba Street.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to vacate E Muskegon Avenue between Cedar Street and Emerald Street;
Rathborn Street between Walton Avenue and Eastern Avenue; and the alley east
of Cedar Street and west of Eastern Avenue between Walton Avenue and Yuba
Street.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
and German
Nays: None
MOTION PASSES
O. Former Farmers Market Rezoning Planning
SUMMARY OF REQUEST: Staff initiated request to rezone the properties at 731
Yuba Street, 205 E Muskegon, 225 Eastern Avenue, 287 E Muskegon Avenue, 185
E Muskegon Avenue, and 209 E Walton Avenue to Form Based Code, Urban
Residential.
This is the former Farmer’s Market site. The property was rezoned to industrial a
couple years ago, but residents eventually pushed back at the food processing
proposal. Staff is currently working with Allen Edwin Home Builders on a
residential development at this site.
The Planning Commission unanimously recommended approval of the
rezoning’s at their November meeting.
STAFF RECOMMENDATION: To approve the rezoning of the former Farmers
Market site.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to approve the rezoning of the formers Farmers Market site.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, and Rinsema-Sybenga
Nays: Emory and German
MOTION PASSES
Q. Convention Center Naming Rights City Manager
SUMMARY OF REQUEST: Staff is seeking approval of two agreements:
authorizing the City to enter the Convention Center Naming Rights and
Sponsorship Agreement with VanDyk Mortgage Corporation; and approving
corresponding amendment to the Convention Center Management
Page 11 of 17
Agreement with Parkland.
In an effort to raise additional capital to ensure the highest quality convention
center without levying additional taxes or fees, on November 26, 2019, staff was
authorized to identify strategic advertising partners within the new convention
center. The goal was to raise at least $1 Million over a period not to exceed 20
years.
Staff is please to present a naming-rights agreement with VanDyk Mortgage
that will generate $150,000 annually for the next 10 years. Over that 10-year
period, the city will net approximately $1 Million after paying sellers commissions,
installing signage, and compensating Parkland $2,000 per month for convention
center operation costs associated with the VanDyk Agreement. The net income
from the initial sponsor commitment has exceeded expectations and will be
used to offset approximately $2 million in unexpected cost overruns at the
facility. Staff intends to seek out other strategic partners to name/sponsor interior
signage.
STAFF RECOMMENDATION: Approve the Naming Rights and Sponsorship
Agreement with VanDyk Mortgage and approve the corresponding 1st
Amendment to the Convention Center Management Agreement with Parkland,
and authorize the City Manager to sign the agreements.
Mario Flores, VanDyk Mortgage, provided some information about the
company and answered questions from Commissioners. VanDyk Mortgage is
excited to have a presence in downtown Muskegon.
Motion by Commissioner Emory, second by Commissioner Rinsema-Sybenga, to
approve the Naming Rights and Sponsorship Agreement with VanDyk Mortgage
and approve the corresponding 1st Amendment to the Convention Center
Management Agreement with Parkland, and authorize the City Manager to sign
the agreements.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
Sybenga, and Emory
Nays: None
MOTION PASSES
2020-93 PUBLIC HEARINGS:
A. Jackson Hill, McLaughlin & Angell Rezoning’s Planning – REJECTED
SUMMARY OF REQUEST: Staff-initiated request to rezone all single-family (R-1, R-
2, R-3) and duplex (RT) parcels in the McLaughlin, Angell, and Jackson Hill
neighborhoods to Form Based Code, Urban Residential (FBC-UR)
The Planning Commission voted 8-1 to recommend approval to the City
Commission. The City Commission asked staff to mail notices to all properties
affected by the case. Staff mailed out more than 4,000 notices.
Page 12 of 17
STAFF RECOMMENDATION: To approve the request to rezone all single-family
(R-1, R-2, R-3) and duplex (RT) parcels in the McLaughlin, Angell and Jackson Hill
neighborhoods to Form Based Code, Urban Residential (FBC-UR)
PUBLIC HEARING COMMENCED:
Roland Jones – 595 Yuba – several concerns – would like it tabled
Robert Harwood – 367 Gunn Street – worried about higher taxes
Shawn Tate – 287 McLaughlin – opposed
Steve Thompson – 464 W. Webster – would like to delay
Yourvette Davis – 1093 Chestnut – would like it tabled
Tesa Griffin – 864 Kenneth – would like it tabled, would like more information
Shirley Green – 2574 Morton – wanted to talk about a different area
Randy VanderWhite – 1577 Clinton – concerned about multi-plexes
Charlotte Johnson – 219 Catherine – opposed
Motion by Commissioner Ramsey, second by Commissioner German, to close
the public hearing.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
and Johnson
Nays: None
MOTION PASSES
Motion by Commissioner German, second by Commissioner Emory, to table this
item.
ROLL VOTE: Ayes: Hood, German, Emory
Nays: Ramsey, Rinsema-Sybenga, Johnson, and Gawron
MOTION FAILS
Motion by Commissioner Ramsey, second by Vice Mayor Hood, to call the
question.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
and Ramsey
Nays: None
MOTION PASSES
Motion by Commissioner Johnson, second by Commissioner Emory, to reject the
request to rezone.
ROLL VOTE: Ayes: Ramsey, German, Emory, Johnson, and Hood
Page 13 of 17
Nays: Rinsema-Sybenga and Gawron
MOTION PASSES
B. CAPER 2019 Community & Neighborhood Services
SUMMARY OF REQUEST: Request to conduct a Public Hearing of the Community
& Neighborhood Services department Consolidated Annual Performance
Evaluation Report (CAPER 2019) of HUD funded programs through CDBG and
HOME for the City of Muskegon.
STAFF RECOMMENDATION: To submit the 2019 CAPER including any public
comments received during the 20-day comment period ending December 22,
2020.
PUBLIC HEARING COMMENCED: No public comments were received.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Ramsey,
to close the public hearing and submit the 2019 CAPER.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
and German
Nays: None
MOTION PASSES
C. Infill Housing Project (2nd Amendment) Brownfield Plan Amendment Public
Hearing Economic Development
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution to
adopt the city’s Infill Housing Project (2nd Amendment) to the Scattered Site
Brownfield Plan. The BRA approved the Plan amendment on 11/24 and
recommended approval by the City Commission.
The 2nd Amendment adds (12) additional parcels into the Scattered Site
Brownfield Plan. On July 28th the City Commission approved the 1st Amendment.
The redevelopment of 119 total parcels are primarily located in the Nelson,
Jackson Hill and Angell neighborhoods, respectively. Some lots will be split,
creating up to 253 subject parcels. This updated plan incorporates three types
of redevelopment projects; infill housing on vacant City lots (up to 238 units), the
rehab of existing homes (11 detached housed), and two separate mixed-use
developments (former Catholic Charities parcels and 880 First St, LLC projects).
Activities include the redevelopment and rehabilitation of subject parcels and
construction of new commercial and residential units. The City is currently
marketing these properties with the anticipation that private developers will
acquire the sites and submit plans for productive redevelopment.
Developer’s Reimbursement Costs: Infill Housing - $5,837,000; Mixed-use projects
- $1,000,000; Total reimbursement costs - $6,837,000.
Page 14 of 17
Estimated Total Capital Investment: Infill Housing - $48,600,000; Home rehab -
$500,000; Mixed Use developments: $26,000,000; Total Estimated Capital
Investment - $75,100,000
Plan Amendment eligible activities: $4,840,000 cost of sale/seller concessions;
$1,200,000 demolition and abatement; $777,000 public infrastructure; $20,000
Brownfield Plan Preparation and Development; $1,025,550 contingency fees
(15%); $7,862,550 – total eligible activities to be paid under this Plan. End of 2023
for expected completion date of the Project homes. After all eligible costs
incurred by the various parties are reimbursed, the BRA is authorized to continue
to capture local taxes for five more years for deposit into a Local Site
Remediation Revolving Fund.
The additional eligible properties include:
880 First Street (880 First St LLC development) / 216 W. Clay (880 First St LLC
development / 208 W. Clay (880 First St LLC development) / 1095 Third Street
(former Catholic Charities property) / 301 W. Muskegon Ave (former Catholic
Charities parking lot) / 589 McLaughlin (Big Red Developer) / 559 McLaughlin
(Big Red Developer) / 441 Isabella (Big Red Developer) / 438 Isabella (Big Red
Developer) / 591 Catherine (Big Red Developer) / 185 E. Muskegon Ave (former
Farmers market properties) / 209 E. Walton Ave (former Farmers Market
properties)
STAFF RECOMMENDATION: To close the public hearing and approve the
resolution of the Brownfield Plan Amendment for the city’s Infill Housing Project
(2nd Amendment).
PUBLIC HEARING COMMENCED: No public comments were received.
Motion by Commissioner Ramsey, second by Commissioner Johnson, to close
the public hearing and approve the resolution of the Brownfield Plan
Amendment for the city’s Infill Housing Project (2nd Amendment).
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
2020-94 NEW BUSINESS:
A. Community EnCompass Infill Housing Development Agreement and
Funding Economic Development
SUMMARY OF REQUEST: Community EnCompass has committed their share of
funding for this project through an approved resolution of the Board of Directors.
Staff recommends approving the use of $250,000 of HOME Funds to couple with
Page 15 of 17
$320,000 in contributions from Community EnCompass and retain Community
EnCompass as the builders and marketers of the homes.
In an attempt to further our Economic Equity efforts and to create diversity of
housing price points as we build infill, we have been working for quite some time
with Community EnCompass to try and construct a deal within the Brownfield TIF
and their institutional capacity to construct homes that would be specifically for
buyers at or below 80% AMI. The attached development agreement is based on
other residential construction agreements the City has used and is reflective of
the anticipated costs to construct 3 single family homes on city owned lots at
180 Houston, 1141 Jefferson, and 1259 Sanford. A map is attached with the
locations highlighted. Community EnCompass already receives HOME funds
each year from the City’s CDBG programming as the only Community Housing
Development Organization (CHDO) in the area. This item would increase their
20/21 allotment as well as allocate existing program income for this
development. The total project would have a not-to-exceed budget of
$570,000, with Community EnCompass to be repaid first by proceeds from sales,
and the city second. Any losses incurred by the City would be recouped
through Brownfield TIF.
AMOUNT REQUESTED: $250,000
AMOUNT BUDGETED: Consistent with CNS Program Development Plan,
budget amendment required at quarterly reforecast.
FUND OR ACCOUNT: CDBG HOME Funds (Current and previous year
carryover/program income)
Commissioner Rinsema-Sybenga stated a conflict of interest and recused
himself from discussing and voting on this item as his spouse is employed by
Community EnCompass.
Commissioner Ramsey stated a conflict of interest and recused himself from
discussing and voting on this item as he is employed by Community
EnCompass.
Motion by Commissioner Johnson, second by Commissioner Emory, to accept
the development agreement as amended and authorize the Finance
Department to release funds for construction to Community Encompass upon the
signing of the development agreement and meeting the stipulations thereof. The
City Commission deems this to be in the best interest of the City. The Mayor and
Clerk are authorized to sign the development agreement upon waiver of any
conflict by the US Department of Housing and Urban Development.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, German, and Emory
Nays: None
MOTION PASSES
Page 16 of 17
PUBLIC COMMENT: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 10:20 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 17 of 17
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: Jan 12, 2021 Title: FY2020-21 Sewer Rate Adjustment
Submitted By: Beth Lewis Department: Finance
Brief Summary: As the FY2019-20 Comprehensive Annual Financial Report was finalized it
became evident that the Sewer Fund was in a $3.5 million deficit. This deficit will require an
immediate rate increase of 20% effective January 1, 2021.
Detailed Summary: In FY2018-2019 the Sewer fund had a $979,425 operating loss and in
FY2019-20 had an operating loss of $1,435,021. These losses were directly related to the high
water level and infiltration into our system and have created a deficit of $3,595,965 in the Sewer
Fund.
During the calendar year 2019 the City billed about 1.7 million units of sewage usage which equals
1,271,600,000 gallons, in the same period the county treated and billed us for 2,090,510,000
gallons. This means we are paying to treat 1.64 gallons for every gallon we bill. From FY2018-19
to FY2019-20 our costs to the County for treatment increased 19.5% however during the same
period of time our revenues increased only 2.2%
The sewer rate has increased by 5% in each of the last two fiscal years and as you recall staff had
proposed an 8% increase for the current fiscal year however the Commission only approved a 5%
increase. At this time staff is proposing a 20% increase. For the current fiscal year this increase is
expected to generate an additional $900,000 in revenue. For the current year we are hopeful that
the increase will create an operational surplus and lower the deficit in the Sewer, however there
will still be a deficit in the sewer fund for the current fiscal year. We are hopeful the deficit will go
away in FY21-22.
I have attached an updated budget reforecast that only includes the operational budget for the
current fiscal year for the Sewer Fund. Unfortunately our usage is down which is why the revenue
reforecast increase is less than $900,000. The 2nd Quarter Budget Reforecast will be presented to
the Commission at the first meeting in February.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): 590 Fund(s) or Account(s): 590
Recommended Motion: To approve the resolution to adjust the FY2020-21 Sewer Rate by 20%.
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 NO.________
At a regular meeting of the City Commission of Muskegon, Michigan, held electronically in the City of Muskegon
on January 12, 2021.
RECITALS
A review of the rates for sewer service has been accomplished by the city's staff, recommendations received, and
the City Commission has determined that the following rate changes are justified. Accordingly, this resolution is
made for the purpose of maintaining the financial viability of the city's sewer system.
THEREFORE, THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY RESOLVES:
1. Effective January 12, 2021 to rescind City of Muskegon Resolution No. 2020 43(B), which was adopted July
28, 2020.
2. Charges for residential sewer service shall be changed from a rate per unit (100 cubic feet) of $4.35 to a rate
per unit of $5.22. The change will be effective on January 1, 2021.
3. Charges for commercial/industrial sewer service shall continue to be billed at a rate of 1.25 times (1.25x) the
city rate for residential sewer service. The monthly sewer administration charge shall remain unchanged to $3.00.
4. Charges for all non-metered residential sewer customers will be calculated based on an assumed usage rate
of 12 hundred cu. ft. per month.
5. Unless there is a separate agreement specifying a different billing method, non-resident users of the city sewer
system will be billed at a rate that is double (2x) the city rate for that class of user.
The above changes to be effective as noted above.
This resolution adopted.
YEAS:
NAYS:
CITY OF MUSKEGON
By: ______________________________
Ann Marie Meisch, MMC, City Clerk
STATE OF MICHIGAN COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a meeting of the Board of
Commissioners of the City of Muskegon, Michigan, held on the 12th day of January, 2021 and that the minutes of
the meeting are on file in the office of the City Clerk and are available to the public. Public notice of the meeting
was given pursuant to and in compliance with Act 267, Public Acts of Michigan, 1976.
BUDGET REPORT FOR CITY OF MUSKEGON
SEWER FUND
GL NUMBER 2019-20 2020-21 2020-21 2020-21
AND ACTIVITY ORIGINAL AMENDED 2nd QUARTER
BUDGET CLASSIFICATION DESCRIPTION BUDGET BUDGET REFORECAST
590 - SEWAGE DISPOSAL SYSTEM
ESTIMATED REVENUES
Dept 00000
590-00000-4400 STATE GRANTS - - -
590-00000-4605 METERED SALES 8,121,564 8,905,875 9,205,875 9,432,670
590-00000-4619 MISC. SALES AND SERVICES 134,393 120,000 120,000 120,000
590-00000-4704 PENALTIES/INTEREST/FINES 125,199 160,000 160,000 145,000
590-00000-4800 MISC. & SUNDRY - 2,000 2,000 2,000
590-00000-4802 REIMB:SERVICES RENDERED 9,445 7,000 7,000 7,000
590-00000-4818 RECOVERY OF BAD DEBT - - -
590-00000-4970 INTEREST INCOME 1,209 6,800 6,800 1,200
Totals for dept 00000 - 8,391,810 9,201,675 9,501,675 9,707,870
TOTAL ESTIMATED REVENUES 8,391,810 9,201,675 9,501,675 9,707,870
Dept 30203 - PENSION ADMINISTRATION
5100 SALARIES & BENEFITS 74,609 74,609
Totals for dept 30205 - PENSION ADMINISTRATION 74,609 74,609
EXPENDITURES
Dept 30548 - BOND INTEREST, INSURANCE & OTHER
5300 CONTRACTUAL SERVICES 476,958 508,522 508,522 508,522
5400 OTHER EXPENSES - 7,500 7,500 7,500
5900 OTHER FINANCING USES 462,845 57,500 57,500 57,500
Totals for dept 30548 - BOND INTEREST, INSURANCE & OTHER 939,803 573,522 573,522 573,522
Dept 60550 - STORM WATER MANAGEMENT
5300 CONTRACTUAL SERVICES 4,137 - - -
Totals for dept 60550 - STORM WATER MANAGEMENT 4,137 - - -
Dept 60557 - MUSKEGON CO. WASTEWATER TREATMENT
5300 CONTRACTUAL SERVICES 6,978,294 6,600,000 6,600,000 6,800,000
Totals for dept 60557 - MUSKEGON CO. WASTEWATER TREATMENT 6,978,294 6,600,000 6,600,000 6,800,000
Dept 60559 - WATER & SEWER MAINTENANCE
5100 SALARIES & BENEFITS 1,044,735 838,519 828,385 1,045,000
5200 SUPPLIES 110,572 116,450 116,450 116,450
5300 CONTRACTUAL SERVICES 680,746 555,815 555,815 555,815
5400 OTHER EXPENSES 12,543 33,000 33,000 33,000
5700 CAPITAL OUTLAYS 3,548 18,100 46,100 46,100
Totals for dept 60559 - WATER & SEWER MAINTENANCE 1,852,145 1,561,884 1,579,750 1,796,365
Dept 91325 - STORM & WASTE WATER ASSET MGMT - SAW GRA
5300 CONTRACTUAL SERVICES - - -
Totals for dept 91325 - STORM & WASTE WATER ASSET MGMT - SAW GR - - - -
BUDGET REPORT FOR CITY OF MUSKEGON
SEWER FUND
GL NUMBER 2019-20 2020-21 2020-21 2020-21
AND ACTIVITY ORIGINAL AMENDED 2nd QUARTER
BUDGET CLASSIFICATION DESCRIPTION BUDGET BUDGET REFORECAST
Dept 91509 - LAKETON AVE, GETTY ST TO CRESTON
5300 CONTRACTUAL SERVICES - - -
Totals for dept 91509 - LAKETON AVE, GETTY ST TO CRESTON - - - -
Dept 91609 - HARTFORD, PINE & DIANA WATER MAIN UPGRAD
5300 CONTRACTUAL SERVICES - - -
Totals for dept 91609 - HARTFORD, PINE & DIANA WATER MAIN UPGRAD - - - -
Dept 91806 - BEIDLER & MADISON S2 PROJECTS
5300 CONTRACTUAL SERVICES - - -
Totals for dept 91806 - BEIDLER & MADISON S2 PROJECT - - - -
Dept 91826 - SRF SEWER UPGRADES
5300 CONTRACTUAL SERVICES 5,971 2,500 2,500
Totals for dept 91826 - SRF SEWER UPGRADES 5,971 - 2,500 2,500
Dept 91828 -LIFT STATION REPAIRS/UPGRADES
5300 CONTRACTUAL SERVICES 30,443 - - -
Totals for dept 91828 - LIFT STATION REPAIRS/UPGRADES 30,443 - - -
Dept 91830 -SRF PROJECT 2018
5300 CONTRACTUAL SERVICES 83,347 - - -
Totals for dept 91830 - SRF PROJECT 2018 83,347 - - -
Dept 91831 -REMEMBRANCE DRIV EXTENSION
5300 CONTRACTUAL SERVICES - - -
Totals for dept 91831 - REMEMBRANCE DR EXTENSION - - - -
Dept 91849 - LIFT STATION REPAIRS/ UPGRADES 18-19
5300 CONTRACTUAL SERVICES - - -
Totals for dept 91849 - LIFT STATIONI REPAIRS/ UPGRADES 18-19 - - - -
Dept 91857 - INDUSTRIAL PARK/ MERCY SANITARY SEWER STU
5300 CONTRACTUAL SERVICES - - -
Totals for dept 91857 - INDUSTRIAL PARK/ MERCY SANITARY SEWER STU - - - -
Dept 92003 - MICHIGAN & FRANKLIN
5700 CAPITAL OUTLAYS 50,000 50,000
Totals for dept 92003 - MICHIGAN & FRANKLIN - - 50,000 50,000
Dept 92018 - LIFT REPAIRS APPLE/HARBOURTOWNE
5300 CONTRACTUAL SERVICES 40,608
5700 CAPITAL OUTLAYS -
Totals Dept 92018 - LIFT REPAIRS APPLE/HARBOURTOWNE 40,608 - - -
Dept 92027 - 2020-21 DWRF AND SRF
5300 CONTRACTUAL SERVICES 1,149
5700 CAPITAL OUTLAYS -
Totals Dept 92027 - 2020-21 DWRF AND SRF 1,149 - - -
BUDGET REPORT FOR CITY OF MUSKEGON
SEWER FUND
GL NUMBER 2019-20 2020-21 2020-21 2020-21
AND ACTIVITY ORIGINAL AMENDED 2nd QUARTER
BUDGET CLASSIFICATION DESCRIPTION BUDGET BUDGET REFORECAST
Dept 92046 - 3RD/4TH ALLEY RECONSTRUCTION
5300 CONTRACTUAL SERVICES 25,000 25,000
Totals Dept 92046 - 3RD/4TH ALLEY RECONSTRUCTION - - 25,000 25,000
Dept 99012 - GIS TRAINING
5300 CONTRACTUAL SERVICES 256
5700 CAPITAL OUTLAYS -
Totals Dept 99012 - GIS TRAINING 256 - - -
Dept SANFORD (APPLE TO LAKETON) UNASSIGNED
5300 CONTRACTUAL SERVICES - - - -
5700 CAPITAL OUTLAYS - - - -
Totals for SANFORD (APPLE TO LAKETON) UNASSIGNED - - - -
Dept - GLENSIDE SRF PHASE 2 UNASSIGNED
5300 CONTRACTUAL SERVICES - - - -
5700 CAPITAL OUTLAYS - - - -
Totals for GLENSIDE SRF PHASE 2 UNASSIGNED - - - -
TOTAL EXPENDITURES 9,936,152 8,735,406 8,805,772 9,321,996
NET OF REVENUES/EXPENDITURES - FUND 590 (1,544,342) 466,269 695,903 385,874
BEGINNING NET POSITION 11,793,031 10,248,689 10,248,689 10,248,689
ENDING NET POSITION 10,248,689 10,714,958 10,944,592 10,634,563
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 12, 2021 Title: Western Market Rent
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: The DMDC has indicated now that the Renaissance period has ended, they need to charge
rent to cover the taxes and insurance on the property where Western Market currently sits. The tax bill for
the property taxes last year were approximately $8,150. The DMDC has indicated they would like to charge
the City $5,000 per year beginning with 2019. They have invoiced the City $10,000 for 2019 and 2020.
Detailed Summary:
Amount Requested: $10,000 Amount Budgeted: $0
Fund(s) or Account(s): General Fund Fund(s) or Account(s): N/A
Recommended Motion: Authorize staff to pay 2019 and 2020 rent in the amount of $10,000 and the
annual fee of $5,000 going forward beginning 2021.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 12, 2021 Title: Electricity Upgrade at Western Market
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: Our electrician has indicated that we need to upgrade our power at the chalets to
accommodate vendor needs. We have received a quote to install a new 100 amp weather proof service.
The power source is approximately 300’ feet away that the condo association behind the chalets is allowing
us to continue to use.
Detailed Summary: The power that was originally installed was not intended to support heaters and air
conditioners. We quickly learned it was necessary to allow both depending on the season but we are using
more power than the system was designed for. We also have a business interested in joining us in 2021
and, if approved by the committee, they need additional power beyond the two outlets currently offered.
With this proposal, we could accommodate a business with this need now and in the future.
Amount Requested: $6500 Amount Budgeted: $0
Fund(s) or Account(s): General Fund Fund(s) or Account(s): N/A
Recommended Motion: To authorize the City Clerk to hire Lakeshore Electric to upgrade the electricity at
Western Market for a cost of $6500.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 12, 2021 Title: Special Event Fees
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: Staff is requesting those events held in 2019 ONLY be allowed a 50% discount up to the
amount of their 2019 invoice for DPW Services, to waive their application fee this year, and allow the City
Manager and Public Safety Director to evaluate policing services actually provided after each event and
determine if a discount may be given. This waiver/reduction of fees does not apply to new events or events
that did not take place in 2019 or events that are not paid up-to-date with previous events.
Detailed Summary: The City recognizes that our established events in Muskegon have been seriously
impacted this past year and some may not be back. Several staff members met with many leaders of such
events to listen to their needs. Staff then met to develop ideas how we may assist understanding staff is
also running with less resources. Staff’s recommendation is to allow a 50% discount for DPW services (ex. If
the invoice for 2019 services was $4,000, the discount can be as much as $2,000. If their 2021 invoice is
$5,000, they receive a $2,000 discount). Police Department services are different because they are actual
costs that the City does incur. The Public Safety Director has indicated he is willing to evaluate the services
needed, if the event had a well thought out plan for safety that was implemented and followed the
guidelines set by the police department. Larger events are required to have a meeting with staff to cover
such details. These changes are only suggested for 2021.
Amount Requested: Amount Budgeted: $0
Fund(s) or Account(s): General Fund Fund(s) or Account(s): N/A
Recommended Motion: To authorize staff to reduce 2021 fees for DPW services for special events up to
50% based on the fees billed in 2019, to waive the application fee, and allow the City Manager and Public
Safety Director to evaluate each event after it has occurred and determine a discount. Any
discounts/waiver of fees apply only to events held in 2019 who wish to continue in 2021.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 1/12/2021 Title: Non-Union PT and LT Wage Matrix
Submitted By: DWANA THOMPSON Department: EEO & EMPLOYEE
RELATIONS
Brief Summary: The 2021 wage matrix will not have any changes this year other than the change
to the minimum wage.
Detailed Summary:
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Approve the minimum wage change to the non-union part time limited
term wage matrix for 2021.
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
2021 WAGE MATRIX FOR NON-UNION PART-TIME AND LIMITED TERM EMPLOYEES
Michigan Minimum Wage is $9.87 as of January 1, 2021
JOB TITLE STEP 1 STEP2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7
GRADE 1 Min. Min +.50 Min + $1
INTERNS AGE 16-17 (Minimum wage for Employees under Age 18)
GRADE 2 11.00 11.50 12.00 12.50 13.00
BUILDING FACILITY CARETAKER
SCHOOL CROSSING GUARD
GRADE 3 12.00 13.00 14.00 15.00 16.00 17.00
INTERN, EXCLUDING PARK INTERN
GRADE 4 11.00 11.50 12.00 12.50
MARINA AIDE
PARK RANGER
GRADE 5 11.50 12.00 12.50 13.00 13.50 14.00
FACILITY SUPERVISOR I
BEACH/PARK RANGERS (PUBLIC SAFETY)
GRADE 6 12.50 13.00 13.50 14.00 14.50 15.50 16.50
FACILITY SUPERVISOR II
ASSISTANT HARBOR MASTER
GRADE 7 12.00 12.50 13.00 14.00 15.00 16.00 17.00
PARK INTERN
GRADE 7 A 12.50 13.00 14.00 15.00 16.00 17.00 18.00
HARBOR MASTER
GRADE 7 B 15.20 15.75 16.28
POLICE RECRUIT
START 500 HRS 1,000 HRS SERVICE
GRADE 8
BOARD OF CANVASSERS $10.00 per hour / 2 hour minimum
BOARD OF REVIEW $12.00 per hour / 4 hour minimum
RECEIVING BOARD $60.00 per day
ELECTION WORKERS (INSPECTORS $11.00 per hour
ELECTION WORKER CHAIRPERSON $13.50 per hour
ELECTION WORKER CO-CHAIRPERS $12.50 per hour
GRADE 9 A 15.00 15.38 15.76 16.15 16.56 16.97 17.40
EVENT SECURITY MANAGER
GRADE 9 B 19.67 20.65 21.68 22.76 23.90
PART TIME POLICE OFFICER
STEP-2 (500 hours); STEP-3 (1000 hours); STEP-4 (1500 hours); STEP-5 (2000 hours)
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 1/12/2020 Title: Extension of Temporary Employment
Services Agreement
Submitted By: Dwana Thompson Department: EEO & Employee Relations
Brief Summary: To approve a one-year contract extension with GoodTemps Temporary Staffing
Services, Inc. for temporary and seasonal employment services. The current agreement expired
on December 31, 2020
Detailed Summary:
Amount Requested: Cost of services are Amount Budgeted: None
budgeted by individual departments
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the agreement with GoodTemps Temporary Staffing Services,
Inc. and authorize the Mayor and City Clerk to sign the agreement extension.
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: Title: Vinyl Siding Installer Contracts for Fiscal
January 12, 2021 Year 2020
Submitted By: Oneata Bailey Department: CNS
Brief Summary: To authorize Community and Neighborhood Services to enter a
new contracts with JR Tucker Construction, Badgerows Contracting, and
Maintenance Unlimited to install vinyl siding at an agreed price of $65.00 (Sixty-
five dollars) per building square for the Residential Façade Program’s 2020 fiscal
year.
Bids for Contractor Procurement was posted in September 2020.
Please see attachments: None
Amount Requested: NA Amount Budgeted: $105,000.00
Fund(s) or Account(s): Residential Façade Fund(s) or Account(s): CDBG 2018, 2019,
allocation category of the Community 2020 Budgets
Development Block Grant.
Recommended Motion: To enter agreements with 3 contractors to perform Residential
Façade projects to expedite a long waiting list.
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: January 12, 2021 Title: Transmittal of 6/30/20 Comprehensive
Annual Financial Report
Submitted By: Beth Lewis Department: Finance
Brief Summary: The City’s June 30, 2020 Comprehensive Annual Financial Report (CAFR) will be distributed to
the City Commissioners via email and hard copy. The CAFR will also be available on the City’s website. The
CAFR includes the annual independent auditor’s report as required by state law. At this time the CAFR is being
formally transmitted to the City Commission. The CAFR has been prepared in accordance with all current
Governmental Accounting Standards Board (GASB) pronouncements and also includes the single audit of
federal grants received by the City.
http://www.muskegon-mi.gov/cresources/2020_CAFR.pdf
Detailed Summary:
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To accept the June 30, 2020 CAFR and authorize staff to transmit the
CAFR to appropriate federal, state and private agencies.
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: 1/12/2021 Title: Obsolete Property Rehabilitation
Certificate – Chart House Energy – name
change to Chart House Energy Opportunity
Fund, LLC
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to amend the Obsolete Property Rehabilitation Certificate at 825 W Western
Ave for Chart House Energy to recognize their name change to Chart House Energy Opportunity Fund,
LLC.
Detailed Summary:
The Certificate was issued for 10 years on October 23, 2018. The original resolution states that “the
applicant shall have twenty-four (24) months to complete the rehabilitation. It shall be completed by
October 23, 2020, or two years after the Certificate is issued, whichever occurs later.” The Certificate
has not been issued by the State yet because of ownership/title issues, which have now been cleared.
The State of Michigan will process the application and issue the certificate once the local unit of
government provides and amended resolution. The applicant is now proposing to commence
construction immediately and finish by October 1, 2021. The Certificate would expire on its originally
planned date of December 31, 2028.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to amend the Obsolete Property Rehabilitation
Certificate at 825 W Western Ave for Chart House Energy to recognize their name change to Chart
House Energy Opportunity Fund, LLC.
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
RESOLUTION NO.
A resolution amending the Obsolete Property Rehabilitation Exemption Certificate (Resolution No. 2018-78b)
issued to Chart House Energy, LLC.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
A. The City Commission has received an application requesting to amend the Obsolete Property
Rehabilitation Exemption Certificate (Resolution No. 2018-78b) at 825 W Western Ave for Chart
House Energy, LLC, to change the name of the applicant to Chart House Energy Opportunity Fund,
LLC.
B. The exemption to be granted by this resolution is for ten (10) years from its original date in 2018 and
will expire on December 31, 2028 and no extensions will be granted.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
1. Based upon the statements set forth in, and incorporating the recitals to this resolution, the City
Commission hereby approves the application filed by Chart House Energy Opportunity Fund, LLC to
amend the Obsolete Property Rehabilitation Exemption Certificate (Resolution No. 2018-78b), to
change the name to Chart House Energy Opportunity Fund, LLC, to be effective for a period of ten
(10) years from its original approval in 2018 and will expire on December 31, 2028 and no extensions
will be granted;
2. BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant shall comply
with the representations and conditions set forth in the recitals above and in the application material
submitted to the City.
This resolution passed.
Ayes: __________________________________________________________________
Nays: __________________________________________________________________
CITY OF MUSKEGON
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Cummings
Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission held on January 12, 2020. The meeting
was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the
Public Acts of 1976.
CITY OF MUSKEGON
By ___________________________
Ann Meisch, City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 12, 2021 Title: Alley Vacation – Art Museum
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to vacate a portion of the alley between Clay St and Webster Ave
between 2nd St and 3rd St, by the Muskegon Museum of Art.
Detailed Summary: The Planning Commission unanimously recommended vacation of the alley as
requested.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to vacate a portion of the alley between Clay St
and Webster Ave between 2nd St and 3rd St, by the Muskegon Museum of Art
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Planning Commission Excerpt
Hearing, Case 2020-26: Request to vacate a portion of the alley between Clay St and Webster Ave between 2nd St
and 3rd St, by the Muskegon Museum of Art.
SUMMARY
1. The Muskegon Museum of Art is planning an expansion of their building that will extend over the alley
and onto their lot on Clay Ave. They are requesting to vacate a portion of the alley in order to build over
it. The other buildings on the block will not have access restricted to the rear of their properties as the
alley will remain open directly behind all of them.
2. The adjacent neighbors using the alley all verified that they are in favor of the request.
Portion of alley to be vacated in red
CITY OF MUSKEGON
RESOLUTION No.______________
RESOLUTION TO VACATE A PUBLIC ALLEY
WHEREAS, a petition has been received to vacate a portion of the alley between Clay St and Webster
Ave between 2nd St and 3rd St; and
WHEREAS, the Planning Commission held a public hearing on January 12, 2021 to consider the petition
and subsequently recommended the vacation; and
WHEREAS, due notice had been given of said hearing as well as the January 12, 2021 City Commission
meeting to consider the recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the public
interest to vacate a portion of the alley between Clay St and Webster Ave between 2nd St and 3rd St; and
BE IT FURTHER RESOLVED that the City Commission does hereby declare the said portion of the alley
vacated and discontinued provided, however, that this action on the part of the City Commission shall not
operate so as to conflict with any fire access or the utility rights heretofore acquired by the City or by any
public service utility in the City of Muskegon, operating in, over and upon said portion of street hereby
vacated, and it is hereby expressly declared that any such rights shall remain in full force and effect;
BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall restore
the disturbed area to the grade and paving in existence at the time of vacation. The City shall not be
responsible to replace special planting, landscaping, fences or any structure. No structure shall be placed
in the vacated street which, in the sole judgment of the City, will interfere with the repair or maintenance
of utilities in the easement, public or private.
Adopted this 12th day of January 2021.
Ayes:
Nays:
Absent:
By:
Stephen J. Gawron, Mayor
Attest:
Ann Meisch, MMC, City Clerk
CERTIFICATE (Vacation of a portion of the alley between Clay St and Webster Ave between 2nd St and 3rd St)
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City
Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular meeting held on
January 12, 2021.
______________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Clay Ave.
Muskegon Museum of Art
Expansion
Footprint Concept
MMA
Parking
St. Paul’s
St. Paul’s
Parking
Second St.
s i o n
pan
ALLEY ALLEY
m E x
Museu
HPL
Woman’s Club
Original Museum
Webster Ave.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 12, 2021 Title: Sale – 219 Merrill Ave
Submitted By: Frank Peterson Department: City Manager
Brief Summary: City staff is seeking authorization to sell the city-owned home at 219 Merrill to Vontrese
Clanton.
Detailed Summary: The city constructed this house as part of the phase two of our infill housing program.
Our contract to construct the home was $197,464. We also anticipated $11,844 in sales commissions. The
accepted purchase price is $185,000, and the incurred sales commissions are $11,100. The City will also
contribute $5,500 toward closing costs. Note: In November, the City Commission authorized a sale to
another buyer at a $190,000 purchase price with a similar commitment toward closing costs, but that buyer
chose not to complete the transaction.
Amount Requested: None at this time Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize the City Manager to complete the sale of 219 Merrill Ave, as described
in the purchase 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:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 12, 2021 Title: Sale – 275 Mason Ave
Submitted By: Frank Peterson Department: City Manager
Brief Summary: City staff is seeking authorization to sell the city-owned home at 275 Mason to Alex
Reinsma.
Detailed Summary: The city constructed this house as part of the phase two of our infill housing program.
Our contract to construct the home was $197,464. We also anticipated $11,844 in sales commissions. The
accepted purchase price is $180,000, and the incurred sales commissions are $10,800. The City will not
contribute funds toward closing costs.
Amount Requested: None at this time Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize the City Manager to complete the sale of 275 Mason Ave, as described
in the purchase 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:
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WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
#
DATE: 12/10/2020 , (time) MLS # 20048054
SELLING OFFICE: Fivestar Real Estate Leaders BROKER LIC.#: 6505276328BR0055 REALTOR® PHONE: 231-955-9222
LISTING OFFICE: West Urban Realty LLC REALTOR® PHONE: 616-874-7085
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: Brenda Harris Email: brendaharrisrealtor@yahoo.co Lic.#: 6501365294
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 . 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)
275 Mason ave Muskegon 49441
with the following legal description and tax parcel ID numbers:
LONG LEAGAL ON FILE.. LISTING SHEET ATTACHED
PP# 6124205391000300 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) division(s) under Section 108(2), (3), and
(4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays
with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the
number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale
will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or
before , of the proposed division to create the Premises.
6. Purchase Price: Buyer offers to buy the Property for the sum of $ 180000
one hundred eighty thousand U.S. Dollars
7. Seller Concessions, if any: seller to contribute $5000 towards buyers prepaid points and closing costs
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 CONV type 30 (year) mortgage in the amount of 97% % of the Purchase Price
bearing interest at a rate not to exceed TBD % 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 3-4 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 $ 0 representing repairs required as a
condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
©Copyright, West Michigan REALTOR® Associations AR FP
Page 1 of 6 Rev. Date 2/2020 12/10/20
Buyer’s Initials 12/10/20
Seller’s Initials
4:52 PM PST 8:48 PM EST
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West Michigan Regional Purchase Agreement Page 2 of 6
Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
Exceptions:
SELLER FINANCING (check one of the following): CONTRACT or PURCHASE MONEY MORTGAGE
In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the
credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if
Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer
within 48 hours. Seller is advised to seek professional advice regarding the credit report.
$ upon execution and delivery of a
form (name or type of form and revision date), a copy of which is attached, wherein the balance of $
will be payable in monthly installments of $ or more including interest at % per annum,
interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance
will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and
paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:
EQUITY (check one of the following): Formal Assumption or Informal Assumption
Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest
in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above
provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer
agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future
taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten
(10) days after the Effective Date of this Agreement. Exceptions:
OTHER:
9. Contingencies: Buyer’s obligation to consummate this transaction (check one):
IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:
A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
Money Deposit.
IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
of a sale or exchange of Buyer’s property located at
on or before . Seller will have the right to continue to
market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:
10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All
improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the
following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and
bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage
disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached
shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and
pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on
heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid
heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete
rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball
backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars;
detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door
opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes:
All appliances seen in the home on 12/08/2020
but does not include:
275 Mason ave, Muskegon, MI 49441 12/10/2020
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations AR FP
Revision Date 2/2020 12/10/20 Buyer’s Initials 12/10/20 Seller’s Initials
4:52 PM PST 8:48 PM EST
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11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
expended through normal use. Exceptions:
12. Assessments (choose one):
If the Property is subject to any assessments,
Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
of any installment arrangements), except for any fees that are required to connect to public utilities.
Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
and pay all other installments of such assessments.
13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all
taxes billed after those addressed below.
Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
property is transferred.
No proration. (Choose one):
Buyer Seller will pay taxes billed summer (year);
Buyer Seller will pay taxes billed winter (year);
Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
and prorated to the date of closing with Seller paying for January 1 through the day before closing.
Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears.
Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:
14. Well/Septic: Within ten (10) days after the Effective Date, Seller will arrange for, at Seller’s expense, an inspection of the primary well
used for human consumption (including a water quality test for coliform bacteria and nitrates) and septic systems in use on the
Property. The inspection will be performed by a qualified inspector in a manner that meets county (or other local governmental
authority, if applicable) protocol. Seller will also follow any governmental rules regarding pumping of tanks.
Where no county or government protocol is in place, Seller will arrange for, at Seller’s expense, well and septic inspections (as
referenced above) by a qualified inspector and Seller will have the septic tank(s) pumped at Seller’s expense.
If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may,
within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a
refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails
to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-
is. Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable
resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of
termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract,
Buyer will proceed to closing according to the terms and conditions of this Agreement. Exceptions:
15. Inspections & Investigations:
Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at
Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be
Buyer’s responsibility and expense. In the event of VA financing, Seller will pay for the inspection for termites and other wood
destroying insects.
Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances
and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the
Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone.
All inspections and investigations will be completed within ten (10) days after the Effective Date. If the results of Buyer’s inspections
and investigations are not acceptable to Buyer, Buyer may, within the above referenced period, by written notice to Seller, either
terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
275 Mason ave, Muskegon, MI 49441 12/10/2020
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations AR FP
Revision Date 2/2020 12/10/20
Buyer’s Initials 12/10/20
Seller’s Initials
4:52 PM PST 8:48 PM EST
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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:
Buyer Choose to us ATA Title
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:
19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide
additional protection and benefit to the parties. Exceptions:
20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien
assumed by Buyer; will all be adjusted to the date of closing.
21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than
01/12/202124 SUBD CITY . 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 $ 350 per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller
from the Property.
275 Mason ave, Muskegon, MI 49441 12/10/2020
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations AR FP
Revision Date 2/2020 12/10/20 Buyer’s Initials 12/10/20 Seller’s Initials
4:52 PM PST 8:48 PM EST
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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 5:00pm (time) on
12/11/2020 (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 $ $2000 upon acceptance
shall be submitted to Fivestar Real Estate Leaders (insert name of broker, title
company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest
Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this
Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller
waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other
than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement
and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding
the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If
Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed
to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be
negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller.
In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as
determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation,
and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action
instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement
conflict with this paragraph, then the terms and conditions of the escrow agreement shall control.
24. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional
advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the
legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to
Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the
sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement
made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale
transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement
separately signed by Seller.
25. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect
to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing
Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business.
26. Other Provisions:
27. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no
oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed
by Buyer and Seller and attached to this Agreement.
28. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any
amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence
of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal
equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s)
required or permitted under this Agreement may also be transmitted by facsimile or other electronic means.
29. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic
communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’
license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
to steal funds or use your identity.
275 Mason ave, Muskegon, MI 49441 12/10/2020
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations AR FP
Revision Date 2/2020 12/10/20 Buyer’s Initials 12/10/20 Seller’s Initials
4:52 PM PST 8:48 PM EST
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30. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
dotloop verified
Alex Reinsma 12/10/20 4:52 PM PST
Buyer 1 Address X VSAP-1DCB-ZQLR-NLIT Buyer
Buyer 1 Phone: (Res.) (Bus.) Alex Reinsma
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:
Sale Price to be $187,000.
Counteroffer, if any, expires , at (time). Seller has the right to withdraw this
counter offer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance.
32. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as
disclosed in the Seller’s Disclosure Statement dated (check one): Yes No. Seller agrees to inform Buyer
in writing of any changes in the content of the disclosure statement prior to closing.
33. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not
relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by
the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form
is available from the respective agents via the West Michigan REALTOR® Boards.
34. Listing Office Address: 3265 Walker Ave, Grand Rapids, MI 49544 Listing Broker License #
Listing Agent Name: Mariana Murillo VanDam/Brent Cox Listing Agent License #
35. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s
response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required
below. dotloop verified
X (Seller’s Signature, Date, Time): Frank Peterson 12/10/20 8:48 PM EST
FEPB-CKKC-2DH5-GK2O
Frank Peterson 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: 275 Mason ave, 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.
X (Buyer’s Signature, Date, Time):
X (Buyer’s Signature, Date, Time):
37. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer.
X (Seller’s Signature, Date, Time):
X (Seller’s Signature, Date, Time):
275 Mason ave, Muskegon, MI 49441 12/10/2020
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©Copyright, West Michigan REALTOR® Associations AR FP
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4:52 PM PST 8:48 PM EST
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 12, 2021 Title: Sale – 346 Mason Ave
Submitted By: Frank Peterson Department: City Manager
Brief Summary: City staff is seeking authorization to sell the city-owned home at 346 Mason to
Christopher and Morgan Lawson.
Detailed Summary: The city constructed this house as part of the phase two of our infill housing program.
Our contract to construct the home was $197,464. We also anticipated $11,844 in sales commissions. The
accepted purchase price is $179,900, and the incurred sales commissions are $10,800. The City will not
contribute toward closing costs.
Amount Requested: None at this time Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize the City Manager to complete the sale of 346 Mason Ave, as described
in the purchase 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:
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WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
#
DATE: 01/04/2021 , 7:00pm (time) MLS # 20048081
SELLING OFFICE: Re/max Lakeshore BROKER LIC.#: REALTOR® PHONE: 231-903-8600
LISTING OFFICE: West Urban Realty LLC REALTOR® PHONE: 616-874-7085
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: SANDI GENTRY Email: SANDI@SANDIGENTRY.COM Lic.#:
Alternate Selling Agent Name: TYLER COOK (PEND UNDER SANDI ONLY) Email: TYLER@SANDIGENTRY.COM Lic.#:
3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
Buyer has received the Seller’s Disclosure Statement, dated . Seller certifies to Buyer that the Property
is currently in the same condition as Seller previously disclosed in that statement. Seller agrees to inform Buyer in writing of any
changes in the content of the disclosure statement.
Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt
of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this
Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by
registered mail. Exceptions:
Seller is exempt from the requirements of the Seller Disclosure Act.
4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached
and will be an integral part of this Agreement.
5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon ,
County of Muskegon , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
346 Mason ave Muskegon 49441
with the following legal description and tax parcel ID numbers:
PP# 61-24-205-389-0009-00 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) division(s) under Section 108(2), (3), and
(4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays
with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the
number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale
will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or
before , of the proposed division to create the Premises.
6. Purchase Price: Buyer offers to buy the Property for the sum of $ 170,000
one hundred seventy 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 type (year) mortgage in the amount of % of the Purchase Price
bearing interest at a rate not to exceed % per annum (rate at time of loan application), on or before the date the sale is
to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to
process the application, within days after the Effective Date, not to impair Buyers’ credit after the date such loan if
offered. Seller Buyer will agree to pay an amount not to exceed $ representing repairs required as a
condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
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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:
ALL APPLIANCES CURRENTLY IN HOME, FRIDGE, OVEN, DISHWASHER, MICROWAVE,
but does not include:
346 Mason ave, Muskegon, MI 49441 01/04/2021 7:00PM
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations CL ML
Buyer’s Initials
FP
Seller’s Initials
Revision Date 2/2020 01/05/21 01/05/21 01/05/21
8:07 AM EST
10:31 AM EST 10:30 AM EST
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11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
expended through normal use. Exceptions:
12. Assessments (choose one):
If the Property is subject to any assessments,
Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
of any installment arrangements), except for any fees that are required to connect to public utilities.
Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
and pay all other installments of such assessments.
13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all
taxes billed after those addressed below.
Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
property is transferred.
No proration. (Choose one):
Buyer Seller will pay taxes billed summer (year);
Buyer Seller will pay taxes billed winter (year);
Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
and prorated to the date of closing with Seller paying for January 1 through the day before closing.
Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears.
Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:
14. Well/Septic: Within ten (10) days after the Effective Date, Seller will arrange for, at Seller’s expense, an inspection of the primary well
used for human consumption (including a water quality test for coliform bacteria and nitrates) and septic systems in use on the
Property. The inspection will be performed by a qualified inspector in a manner that meets county (or other local governmental
authority, if applicable) protocol. Seller will also follow any governmental rules regarding pumping of tanks.
Where no county or government protocol is in place, Seller will arrange for, at Seller’s expense, well and septic inspections (as
referenced above) by a qualified inspector and Seller will have the septic tank(s) pumped at Seller’s expense.
If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may,
within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a
refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails
to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-
is. Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable
resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of
termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract,
Buyer will proceed to closing according to the terms and conditions of this Agreement. Exceptions:
15. Inspections & Investigations:
Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at
Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be
Buyer’s responsibility and expense. In the event of VA financing, Seller will pay for the inspection for termites and other wood
destroying insects.
Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances
and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the
Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone.
All inspections and investigations will be completed within ten (10) days after the Effective Date. If the results of Buyer’s inspections
and investigations are not acceptable to Buyer, Buyer may, within the above referenced period, by written notice to Seller, either
terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
346 Mason ave, Muskegon, MI 49441 01/04/2021 7:00PM
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations CL ML FP
Revision Date 2/2020 Buyer’s Initials 01/05/21
Seller’s Initials
01/05/21 01/05/21
10:31 AM EST10:30 AM EST 8:07 AM EST
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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:
19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide
additional protection and benefit to the parties. Exceptions:
20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien
assumed by Buyer; will all be adjusted to the date of closing.
21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than
01/19/2021 . 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 $ 250 per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller
from the Property.
346 Mason ave, Muskegon, MI 49441 01/04/2021 7:00PM
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations CL ML Buyer’s Initials
FP
Seller’s Initials
Revision Date 2/2020 01/05/21 01/05/21
01/05/21
8:07 AM EST
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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 5:00PM (time) on
1/05/2021 (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 $ 1,000
shall be submitted to CHICAGO TITLE (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:
builder to provide one year home warranty
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.
346 Mason ave, Muskegon, MI 49441 01/04/2021 7:00PM
Subject Property Address/Description Date Time
FP
©Copyright, West Michigan REALTOR® Associations CL ML
Buyer’s Initials Seller’s Initials
Revision Date 2/2020 01/05/21 01/05/21 01/05/21
8:07 AM EST
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30. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
Christopher Lawson
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01/05/21 10:31 AM EST
Buyer 1 Address X FFVQ-9ZT2-VVYE-WFBD Buyer
Buyer 1 Phone: (Res.) (Bus.) Morgan Lawson
Print name as you want it to appear on documents.
Morgan Lawson
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Buyer 2 Address X 01/05/21 10:30 AM EST
JOEZ-PUKW-WZY6-VZM3
Buyer
Buyer 2 Phone: (Res.) (Bus.) Christopher Lawson
Print name as you want it to appear on documents.
31. Seller’s Response: The above offer is approved: As written. As written except:
Sales Price to be 179,900.
Counteroffer, if any, expires 01/05/2021 , at 8pm (time). Seller has the right to withdraw this
counter offer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance.
32. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as
disclosed in the Seller’s Disclosure Statement dated (check one): Yes No. Seller agrees to inform Buyer
in writing of any changes in the content of the disclosure statement prior to closing.
33. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not
relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by
the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form
is available from the respective agents via the West Michigan REALTOR® Boards.
34. Listing Office Address: Listing Broker License #
Listing Agent Name: Mariana Murillo VanDam/Brent Cox Listing Agent License #
35. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s
response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required
below. dotloop verified
X (Seller’s Signature, Date, Time): Frank Peterson 01/05/21 8:07 AM EST
74VE-BANJ-0AX8-FRM2
Frank Peterson 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: 346 Mason ave, 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.
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X (Buyer’s Signature, Date, Time): Christopher Lawson 01/05/21 10:31 AM EST
DEUB-U5I7-KTPW-EUZW
Morgan Lawson
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X (Buyer’s Signature, Date, Time): 01/05/21 10:30 AM EST
T4KF-LEQ7-1SEN-ZKVY
37. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer.
Frank Peterson
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X (Seller’s Signature, Date, Time): 01/05/21 5:16 PM EST
0MGH-DWH8-ELLV-TCYT
X (Seller’s Signature, Date, Time):
346 Mason ave, Muskegon, MI 49441 01/04/2021
Subject Property Address/Description Date Time
FP
CL ML
©Copyright, West Michigan REALTOR® Associations
Revision Date 2/2020 Buyer’s Initials 01/05/21 Seller’s Initials
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 12, 2020 Title: Convention Center Agreements
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Staff is seeking approval of an updated Convention Center Naming Rights and
Sponsorship Agreement with VanDyk Mortgage Corporation.
Detailed Summary: In December, the City Commission approved a naming rights agreement with
VanDyk Mortgage. As we worked toward formal implementation, a number of issues came to our
attention. The items were easy to correct, but both sides felt the cleanest way to correct the
agreement was to resubmit it in its entirety for commission approval. Changes of note are as follows:
1. The costs for VanDyk remain unchanged, with the exception of the rent payment for the
month of January 2021. Because signage installation is not predicted to take longer than
expected, we mutually agreed that their monthly payments should begin January 1. Rent
payments will begin once all exterior signage is installed.
2. Mortgage-related advertising and marketing is heavily regulated to ensure fair and non-
discriminatory lending practices. Accordingly, we needed to make significant changes to
industry exclusivity language, marketing language, trademark usage language, and other
language that gave the city permission to use the VanDyk Mortgage name on promotional
materials. The changes provide more input from VanDyk’s legal team throughout the
process to insure compliance.
3. We recharacterized the future partnership with VanDyk because they cannot be our preferred
vendor for the same reasons listed in #2, but instead, they should be listed as a strategic
partner. All marketing needs to be clear that buyers may use their lender of choice.
4. We cleaned up the liability language specific to liability claims. Parkland, as the operator,
will need to hold VanDyk harmless. The City will agree to work to have VanDyk released
from those types of suits in the event they happen, with the understanding that the City cannot
legally indemnify VanDyk or any other entity. We also increased Parkland’s insurance
requirements to account for this.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Approve the Naming Rights and Sponsorship Agreement with VanDyk
Mortgage and authorize the City Manager to sign the agreements.
NAMING RIGHTS AND SPONSORSHIP AGREEMENT
THIS NAMING RIGHTS AND SPONSORSHIP AGREEMENT (the “Agreement”) is
made and entered into this 8th day of December, 2020 (the “Effective Date”), by and between
VanDyk Mortgage Corporation (“VanDyk”), the City of Muskegon (“City”), and Parkland
Acquisition Two, LLC (“Parkland”) (VanDyk, City and Parkland are sometimes referred to
collectively as the “Parties”).
Recitals
A. City is the owner of the Muskegon Lakeshore Convention Center, a multi-use
convention center located in Muskegon, Michigan ("Convention Center").
B. Parkland is the operator and manager of the Convention Center, and the owner of
the attached Delta Hotels by Marriott Muskegon Lakeshore Convention Center (“Hotel”).
C. The Convention Center is currently under construction, with a projected completion
date of March 1, 2021 and, when open, it will be used for private events, conventions, conferences,
concerts, and other public events.
D. The City and Parkland have the right to name the Convention Center and VanDyk
desires to acquire certain naming rights associated with the Convention Center, in accordance with
the terms of this Agreement.
E. Contemporaneously with this Agreement, Parkland and VanDyk entered into a
License Agreement (“License Agreement, which outlined other obligations with regard to the
Convention Center.
NOW THEREFORE, for mutual consideration, the sufficiency of which is hereby
acknowledged, the Parties mutually agree as follows:
1. Term. The term of this Agreement (the “Term”), shall be effective as of the
Effective Date and continue for a period of approximately ten (10) years, terminating on the 31st
day of December 2031 (the “Termination Date”), unless terminated earlier in accordance with the
terms of this Agreement.
2. Convention Center Naming and Signage Rights.
A. Exclusivity. The City and Parkland hereby covenant and agree that the
Convention Center shall be exclusively named the “VanDyk Mortgage Convention Center” (the
“Approved Name”) for the Term, in accordance with the terms of this Agreement. The
Convention Center shall be referred to exclusively by its Approved Name, including, without
limitation, all physical, electronic, and other references to the Convention Center by City,
Parkland, and their affiliates. Additionally, the City and Parkland shall include clauses in all
contracts with organizations hiring any part of the Convention Center and advertising or other
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media contractors providing goods or services relating to the Convention Center or activities in
on or around the Convention Center requiring all references to the Convention Center to use the
Approved Name. The Approved Name may only be modified as provided herein or otherwise
by mutual agreement of the Parties. Neither City, nor Parkland, nor any of their affiliates shall
permit any permanent signage, advertising, or other promotion of any of VanDyk’s competitors
(regardless whether or not incorporating such competitors’ names or logos) in, on, around, or in
reference or relation to the promotion of the Convention Center or Hotel (this may be referred
to as the VanDyk’s right of “Industry Exclusivity”).
B. Industry Exclusivity. VanDyk’s “competitors” shall be defined as
follows: Any business where providing mortgage lending or brokerage services comprises the
majority of the business activity or income. Depository banking institutions would not be
considered competitors, so long as mortgage services do not comprise a majority of their
business activities.
C. Logos. Within twenty (20) days from execution of this Agreement,
VanDyk will furnish the City and Parkland with one or more corporate logos that shall be used
at VanDyk’s reasonable request and may otherwise be used by City, Parkland, or their affiliates
with VanDyk’s consent as part of physical, electronic, and other references to the Convention
Center. The Parties may also create an alternative logo to promote the Convention Center
provided the final logo is mutually agreed by the Parties prior to being used in any physical,
electronic, or other Convention Center promotion.
D. Exterior Signage Rights. Subject to local zoning requirements, the City
and Parkland shall install not later than April 30, 2021 (the “Signage Deadline”), and thereafter
shall maintain, repair and replace exterior signage as outlined in Exhibit A and described below:
i. a large backlit sign on the Western Avenue side of Convention Center,
to be installed at the expense of City. The size, design, and location
of sign will be mutually agreed upon in advance by the Parties.
ii. a backlit sign on the Shoreline Drive side of Convention Center,
incorporated into the existing shared marquee sign between Mercy
Health Arena and the Convention Center, to be installed at the
expense of City. The design of sign will be mutually agreed upon in
advance by the Parties.
iii. a large backlit sign on the Shoreline Drive side of Convention Center,
to be installed at the expense of City. The size, design, and location
of sign will be mutually agreed upon in advance by the Parties.
iv. additional exterior Convention Center signage requested by VanDyk
and consented to in writing by the City and Parkland, which consent
shall not be unreasonably withheld.
Page 2 of 17
v. The City and Parkland acknowledge the rights granted herein with
respect to exterior signage are exclusive and City and Parkland shall
grant no new exterior signage rights to any other third parties without
advance written consent from VanDyk, which consent shall not be
withheld if (a) it remains clear to the general public that the
Convention Center is named the Approved Name and (b) the signage
does not violate VanDyk’s right to Industry Exclusivity required by
Section 2.A.
E. Interior Signage. VanDyk acknowledges the rights granted under this
Agreement are not exclusive with respect to interior signage in the Convention Center, other than
VanDyk’s right to Industry Exclusivity and as otherwise provided herein. Except as provided in
this paragraph, the City and Parkland have complete discretion to rent or lease interior signage to
third parties and to retain all revenue associated with such rent or lease. This includes, but is not
limited to, doorway, room and hallway signage. City, Parkland, and their Affiliates shall not permit
any interior signage: (a) that displays the name or logo of any person or business other than
VanDyk more prominently than the most prominent interior signage display of the Approved
Name, VanDyk’s name, or VanDyk’s logo; or (b) that displays another name or logo of any other
person or business more prominently than the most prominent display of the Approved Name,
VanDyk’s name, or VanDyk’s logo within 6 feet of such display. Without limitation, on or before
the Signage Deadline, the City and Parkland shall install and thereafter shall maintain, repair and
replace the following interior signage for the benefit of VanDyk:
i. In the event interior wayfinding signage is installed in the Convention
Center, VanDyk’s logo shall be displayed on each wayfinding sign. The
size, design, and location of the logo will be mutually agreed upon in
advance by the Parties.
ii. a logo at the lower entry glass doors facing Shoreline Drive near the
new VanDyk office. The size, design, and location of logo will be
mutually agreed upon in advance by the Parties.
F. Cost of Signage. The City shall be responsible, at its expense, for the cost
of the signage and any necessary maintenance, repair, and replacement of such signage, except to
the extent any necessary repair or replacement is caused by damage to property arising out of
negligent activities VanDyk or any VanDyk agents and representatives, in which event VanDyk
shall be responsible at its expense for any necessary repair or replacement. In addition, the City
shall be responsible, at its expense, for the cost of mounting all signage in and to the Convention
Center, as well as the cost of providing reasonably suitable lighting for the exterior signage,
including, but not limited to the cost of providing power for said lighting.
G. Sign Removal and Substitute Exposure. The City and Parkland reserve
the right (subject to the prior approval of VanDyk, not to be unreasonably withheld), to change the
nature and location of the signage, at City’s own expense, in connection with any renovation,
alteration, or repairs of the Convention Center, so long as VanDyk receives equivalent exposure
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both before and after any such renovation, alteration, or repairs; and the City of Parkland provides
at least thirty (30) days’ prior notice of such change to VanDyk. Except as otherwise expressly
provided in this Agreement, the City and Parkland shall be solely responsible for the costs of
removing any signage and changing other references incorporating VanDyk’s name or Marks after
termination of this Agreement.
H. Change of VanDyk Name. In the event that VanDyk changes its name or
logo, City and Parkland shall, as soon as practical, make the corresponding change to the name or
logo of the Convention Center, which change shall be deemed to be an approved change to the
Approved Name and all references herein to the Approved Name shall, thereafter, be deemed to
refer to such changed name. In the event that the name or logo of the Convention Center is changed
under this provision, all costs of effectuating the name change shall be borne solely and entirely
by VanDyk, and any and all costs and expenses incurred by the City in connection with
effectuating such change of the name or logo shall be paid by VanDyk promptly upon request by
the City; except that, if such name or logo change is to occur between January 1 2030 and
December 31, 2031, the costs and expenses of effectuating the name change shall be shared equally
by VanDyk and the City. Upon any name or logo change, City and Parkland shall initiate a
reasonable promotional campaign to promote the change to the public.
3. Naming Ceremonies. The Parties will agree in advance on any press
announcements regarding the naming of the Convention Center, and the timing of the release of
any such announcements. VanDyk shall have the right to have representatives contribute to the
official naming ceremonies for the Convention Center. VanDyk will also have the right to approve
in advance (such approval not to be unreasonably withheld) any press announcements, press
releases or other materials to be distributed to the general public by or on behalf of the City or
Parkland relating to the initial naming of the Convention Center under this Agreement.
4. Payments and Fees for Naming, Signage and Sponsorship.
A. Fee Schedule. In consideration of the naming, signage and sponsorship
rights granted to VanDyk under this Agreement, VanDyk shall pay to the City a naming rights and
sponsorship fee as provided below ("Naming Rights Fee"). The Naming Rights Fee will be paid
as follows: (i) One Hundred Fifty Thousand ($150,000) will be paid upon signing of the agreement;
and (ii) $12,500 will be paid on the first day of every month beginning on the first date of the next
month following the Commencement Date and on the first day of each month thereafter until the
final payment on December 1, 2029, or until terminated in accordance with the terms of this
Agreement; provided that no monthly payment contemplated by section 4.A.(ii) will be due and
owing for any month in which the Convention Center is considered “closed” as defined in this
agreement. Any monthly payment that was paid at the beginning of a month that meets the
definition of a Closed month will be deemed a credit for the next succeeding month. For purposes
of this Agreement, "Commencement Date" means the date that all of the following are
substantially complete: (a) installation of all exterior signage required by this Agreement; (b)
branding of all online and social media references relating to the Convention Center, as
contemplated by Section 6.
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B. Late Fees and Interest.
i. Any amounts due from VanDyk under this Agreement which are not
received by the City within fifteen (15) days of when due shall accrue
interest on the amount due and owing at the rate of twelve percent (12%)
per annum from the date such amount first became due until paid.
ii. Whenever any payment to be made under this Agreement shall fall on a
day which is not a Business Day, the payment shall be made on the next
succeeding Business Day. The Term “Business Day,” as used in this
Agreement shall mean any day that banks are open for business in the
State of Michigan (excluding Saturdays and Sundays).
C. Renewal. VanDyk shall have the first right to renew the Term of this
Agreement for successive ten (10) year periods at a mutually agreeable rate, but not less than the
rates provided herein for the initial Term. The City and Parkland will not negotiate with anyone
other than VanDyk for the naming rights equivalent to those provided in this Agreement prior to
the earlier to occur of (i) January 1, 2030, or (ii) the date of a VanDyk Notice of Non-Renewal, or
(iii) termination of this Agreement. Without limiting any of the foregoing, if the City or Parkland
has negotiated terms for naming rights related to the Convention Center with anyone other than
VanDyk or otherwise receives a bona fide offer in relation to such rights, City and Parkland shall
give written notice of the same (a “Notice of Offer”) to VanDyk including a reasonably detailed
explanation of the terms of such offer and VanDyk may (but is not obligated to) provide written
notice to the City and Parkland (an “Exercise of Right of First Refusal”), within 60 days after
receiving such Notice of Offer, of VanDyk’s acceptance of such terms for the extension of
VanDyk’s rights under this Agreement, which shall be effective to bind VanDyk, the City and
Parkland to such terms and the parties shall reasonably promptly thereafter amend this Agreement
consistent with such terms to implement that agreement. If VanDyk does not timely provide an
Exercise of Right of First Refusal to Parkland and the City, Parkland and the City may proceed to
accept the terms with the party identified in the Notice of Offer; provided that, if those terms are
not ultimately consummated, any subsequent bona fide offer in relation to naming rights for the
Convention Center shall continue to be bound by these terms requiring a Notice of Offer and
permitting an Exercise of Right of First Refusal.
D. Non-Renewal. Beginning January 1, 2022, VanDyk shall have the option
to terminate this Agreement with twelve (12) months’ advance written notice to the City and
Parkland (a “Notice of Non-Renewal”). No monthly payment of Naming Rights Fee will be due
and owing from VanDyk from and after the date of the Notice of Non-Renewal.
5. Intellectual Property.
A. Names, Trademarks and Service Marks.
i. VanDyk acknowledges that the City is the exclusive owner and
Parkland is the exclusive manager of the Convention Center, and City
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and Parkland have the right to license the Convention Center’s name.
ii. The City and Parkland acknowledge that, at all times, VanDyk is the
owner of (and City and Parkland make no claim to) the name, trademark
or service mark of the names or phrases " VanDyk Mortgage," “VanDyk
Mortgage Muskegon,” and “VanDyk Mortgage West Michigan," as
well as any logos associated therewith or containing such phrases
(collectively, the “VanDyk Intellectual Property”). VanDyk retains the
sole and exclusive ownership of the VanDyk Intellectual Property and all
goodwill and rights related thereto. City and Parkland agree that nothing in this
Agreement shall be interpreted as conferring any proprietary rights upon City
and Parkland with respect to the VanDyk Intellectual Property other than the
limited license expressly granted in this Agreement. City and Parkland
acknowledge that the Approved Name and any other marks used in close
proximity with one or more of the VanDyk Intellectual Property in relation to
the Convention Center, shall create new combination VanDyk Intellectual
Property that belong to VanDyk, and all goodwill associated therewith shall
inure to the benefit of VanDyk, whether or not such VanDyk Intellectual
Property originated with City and Parkland. As a result of VanDyk's ownership
of the VanDyk Intellectual Property, use of the VanDyk Intellectual Property,
and status as licensor under this Agreement, all goodwill associated with the
VanDyk Intellectual Property by reason of City and Parkland's use thereof, as
part of the Approved Name or otherwise, shall inure to the benefit of VanDyk.
iii. Subject to the terms of this Agreement, VanDyk grants to the City and
Parkland a non-exclusive, royalty-free license during the Term to use
and to grant others the right to use the name “Vandyk Mortgage” and its
related logos, including, without limitation, any copyrights, trademarks,
service marks, and other intellectual property relating to the same, and
any derivatives, modifications or alterations thereof (collectively
“Marks”), for the limited use in connection with the promotion,
marketing and operations of the Convention Center and events held at
the Convention Center and signage to the Convention Center; provided,
however, that any such rights granted by the City and Parkland to third
parties to use the VanDyk Marks shall expire within ninety (90) days of
conclusion of this Agreement. The City and Parkland shall, subject to
the prior approval of VanDyk, grant (and require the use of) non-
exclusive rights to providers of goods and services and advertisers to
use the VanDyk Marks for purposes of referring to and otherwise
promoting the Convention Center; provided, that such uses are
consented to by VanDyk (which consent will not be unreasonably
withheld if such uses are consistent with the terms and conditions of this
Agreement). The grant by VanDyk herein of a license to the City and
Parkland shall not convey any right, title or interest in the VanDyk
Marks for any use or purpose other than expressly provided herein, or
to modify any such Marks or logos except as approved by VanDyk, and
VanDyk specifically reserves all such rights for itself. In addition,
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VanDyk reserves the right to inspect the City and Parkland’s (or any
sublicensee’s) use of the VanDyk Marks at any time during the Term.
iv. Subject to the terms of this Agreement, the City and Parkland grant to
VanDyk a non-exclusive, royalty-free license during the Term (and for
ninety (90) days thereafter) to use and to grant others the right to use the
name “Lakeshore Convention Center” and the related logos, including,
without limitation, any copyrights, trademarks, service marks, and other
intellectual property relating to the same, and any derivatives,
modifications or alterations thereof (collectively “Convention Center
Marks”), in connection with the promotion, marketing and operations
of the Convention Center and events held at the Convention Center;
provided, however, that any such rights granted by VanDyk to third
parties to use the Convention Center Marks shall expire
contemporaneously with this Agreement. VanDyk may, subject to the
prior approval of the City and Parkland, grant non-exclusive rights to
providers of goods and services and advertisers to use the Convention
Center Marks for purposes of promoting itself and the Convention
Center; provided, that such uses are consistent with the terms and
conditions of this Agreement. The grant by the City and Parkland herein
of a license to VanDyk shall not convey any right, title or interest in the
Convention Center Marks for any use or purpose other than expressly
provided herein, or to modify any such Marks or logos except as
approved by the City and Parkland, and the City and Parkland
specifically reserves all such rights for themselves. In addition, the City
and Parkland reserves the right to inspect VanDyk’s use of the
Convention Center Marks at any time during the Term.
B. Marks. Except as provided above, neither party shall use any names,
trademarks, service marks, copyrights, trade names or photographs of the facilities or products of
the other party for any purpose, except as provided for in this Agreement, without the prior written
consent of the other parties, such consent to be required for each proposed use and each use to be
accompanied by the appropriate trademark, service mark, copyright, or other designation required
by the owner of such property. Notwithstanding the above, the Parties acknowledge and agree that
each party shall have the unlimited right to photograph (including, but not limited to motion
picture, still, or video device photography) the Convention Center building and to exhibit and
exploit such photography in any medium presently existing or hereafter developed; provided, the
Parties do not photograph Parkland’s patrons, events, conferences and meetings in the Convention
Center without the explicit prior consent of Parkland.
6. Online and Social Media. By January 30, 2021, the City and Parkland shall update
and promote all references to the Convention Center to incorporate the Approved Name. This
obligation includes, but is not limited to, exclusive use of the Approved Name to reference the
Convention Center on the Convention Center website, advertising and identification of the
Convention Center in mapping applications and search engines, references to the Convention
Page 7 of 17
Center in third-party event planner websites, and in all online social media platforms controlled or
used to promote the Convention Center or related events, together with all other platforms now
used or later used to promote or reference the Convention Center. From time to time as requested
by VanDyk, Parkland and City will reasonably accommodate requests by VanDyk to (or to not)
“tag” or otherwise associate VanDyk media accounts with accounts or postings related to the
Convention Center. Annually, VanDyk, Parkland, and the City will meet to development a
mutually-agreeable marketing plan. The City and Parkland will engage in promotional
activities and operate the Convention Center consistent with the marketing plan.
7. Annual Conference. VanDyk may choose to hold its annual conference at the
convention center. VanDyk will negotiate directly with Convention Center management to
identify mutually-agreeable dates and associated costs.
8. Branding. All properties built or renovated for sale as part of the City’s in-fill
housing program shall be co-branded with VanDyk Mortgage. VanDyk agree to provide
competitive pricing, including closing costs, fees, and interest rates, to purchasers of said
properties that elect to utilize the services of VanDyk Mortgage
9. Representations and Warranties of City and Parkland. The City as to the City
and Parkland as to Parkland represent and warrant to VanDyk as follow:
A. Due Organization and Good Standing. The City and Parkland are duly
organized, validly existing and in good standing under the laws of the state of
Michigan; and have all the requisite power and authority to execute, deliver and
perform their obligations under this Agreement, and no consent of a third party
is necessary to execute, deliver and perform its obligations under this
Agreement.
B. Binding Effect. The information contained in the recitals above, including,
without limitation, the City’s and Parkland’s respective ownership of the
Convention Center and Hotel, are true and accurate and VanDyk is entitled to
rely upon them in entering into this Agreement. The City and Parkland have the
right to grant to VanDyk all the rights that are the subject of this Agreement.
This Agreement has been duly authorized, executed and delivered by the City
and Parkland and constitutes the legal, valid and binding obligation of it,
enforceable against it, in accordance with the term hereof.
C. Litigation. There are no actions, suits, claims, investigations, or legal,
administrative, or arbitration proceedings pending or, to the best of City’s and
Parkland’s knowledge, threatened or likely to be asserted by or against City or
Parkland or relating to the Convention Center or Hotel, this Agreement, or the
transactions contemplated hereby, before any court, governmental agency, or
other body, including any quasi-judicial or administrative forum, and no
judgment, order, writ, injunction, decree, or other similar command of any
court, governmental agency, or body has been entered against or served upon
Page 8 of 17
City or Parkland.
D. Compliance with Law. At all times the Convention Center and Hotel will be
operated and maintained in compliance with all laws having a material effect
on the operation and reputation of the Convention Center or Hotel.
E. No Conflict. The execution, delivery and performance of this Agreement by
the City and Parkland does not conflict with, nor will it result in, a breach or
violation of (i) the City’s or Parkland’s organizational documents, or (ii) any
material agreement to which they are a party.
F. Condition and Operation of Convention Center and Hotel. At all times City
and Parkland will maintain, repair, replace, and operate all elements of the
Convention Center and Hotel in a reasonable condition consistent with the
condition of the connected Hotel, as required by Marriot corporate standards
to maintain the “Delta” hotel brand.
10. Representations and Warranties of VanDyk. VanDyk represents and warrants
to the City and Parkland that:
A. Due Organization and Good Standing. VanDyk is duly organized, validly
existing and in good standing under the laws of the jurisdiction in which it is
incorporated; and has all the requisite power and authority to execute, deliver
and perform its obligations under this Agreement, and no consent of a third
party is necessary to execute, deliver and perform its obligations under this
Agreement.
B. Binding Effect. This Agreement has been duly authorized, executed and
delivered by VanDyk and constitutes the legal, valid and binding obligation of
it, enforceable against it, in accordance with the term hereof.
C. No Conflict. The execution, delivery and performance of this Agreement by
VanDyk does not conflict with, nor will it result in, a breach or violation of (i)
the VanDyk’s organizational documents, or (ii) any material agreement to
which it is a party.
11. Termination of Agreement.
A. VanDyk Default. The occurrence of any one or more of the following
constitutes a “VanDyk Default” under this Agreement:
i. VanDyk’s failure to pay the Naming Rights Fee within fifteen business
(15) days of when due and owing hereunder, subject to cure provisions
contained in paragraph 10(A)(iii) below;
Page 9 of 17
ii. If at any time during the Term, VanDyk shall file or have filed against
it, in any court pursuant to any statute either of the United States or of
any state, a petition in bankruptcy, for reorganization, for the
appointment of a receiver, or for an arrangement under the Bankruptcy
Act or Code or similar type of proceeding, and such petition is not
dismissed within sixty (60) days of such initial filing; or
iii. VanDyk’s (and/or its affiliates’) breach of any of the material
covenants, agreements, representations or warranties contained in this
Agreement, if such breach (i) has not been waived in writing; and (ii) is
not cured or remedied by VanDyk within thirty (30) days after delivery
of written notice specifying the nature of the breach, or (iii) if such
breach is capable of being cured but not within such thirty (30) day
period and VanDyk is using diligent efforts to cause such breach to be
cured, then the cure period set forth herein shall be extended to ninety
(90) days. The ninety (90) day extension shall not apply to failure to pay
the Naming Rights Fee.
iv. Upon the occurrence of a VanDyk Default, the City and/or Parkland
may upon written notice to VanDyk, terminate this Agreement and any
monies already then paid by VanDyk may be retained by the City and/or
Parkland. If VanDyk Default occurs before December 31, 2021,
VanDyk agrees to pay to the City the cost of removing all signage
bearing any VanDyk Marks.
v. In addition, if at any time during the Term, the City and Parkland
determine, after giving notice to VanDyk and a reasonable opportunity
to respond, but not less than sixty (60) days, that any of the below
Unusual and Compelling Circumstances have occurred, and as a result
the continuation of the use of VanDyk Mortgage’s name would discredit
the Convention Center, the City and Parkland in their sole discretion,
may terminate this Agreement. ‘Unusual and Compelling
Circumstance’ shall mean:
a. Any situation, occurrence or action by VanDyk which subjects
VanDyk or the Convention Center to public scandal, disrepute,
widespread contempt, or public ridicule, because VanDyk
Mortgage has offended, insulted, or denigrated individuals or
groups, or insulted or offended the community or public morals
or decency.
b. Any situation or occurrence where VanDyk makes public
comments which degrade or ridicule the City, Parkland or the
Convention Center.
Page 10 of 17
If one of the preceding conditions has occurred, the City and/or Parkland
may, at their option, upon written notice to VanDyk and after at least
sixty (60) days, terminate this Agreement and (i) If a court of competent
jurisdiction has found that one of the preceding conditions has occurred,
then any Naming Rights Fees or other monies already then paid by
VanDyk may be retained by the City and/or Parkland; otherwise (ii)
one-half of the Naming Rights Fees and other money paid by VanDyk
to the City under this Agreement shall be returned to VanDyk. If
VanDyk actions under this paragraph occurs before December 31, 2021,
VanDyk agrees to pay to the City the cost of removing all signage
bearing any VanDyk Marks.
B. City and/or Parkland Default. The occurrence of any one or more of the
following constitutes a “Default” by City and/or Parkland under this Agreement:
i. The City and Parkland lose the ability to grant naming rights to the
Convention Center for any reason;
ii. The Convention Center is shut down for more than 90 consecutive days
for any reason, the monthly payments of Naming Rights Fees will not
be due in relation to any such period and such monthly payments will
be pro-rated for the period in which the Convention Center is actually
open;
vi. If at any time during the Term, the City or Parkland shall file or have
filed against it, in any court pursuant to any statute either of the United
States or of any state, a petition in bankruptcy, for reorganization, for
the appointment of a receiver, or for an arrangement under the
Bankruptcy Act or Code or similar type of proceeding, and such petition
is not dismissed within sixty (60) days of such initial filing; or
iii. City’s or Parkland’s breach of any of the material covenants,
agreements, representations or warranties contained in this Agreement,
or any other agreement between the parties, if such breach (i) has not
been waived in writing; and (ii) is not cured or remedied within thirty
(30) days after delivery of written notice specifying the nature of the
breach or (iii) if such breach is capable of being cured but not within
such thirty (30) day period and City and/or Parkland are using diligent
efforts to cause such breach to be cured, then the cure period set forth
herein shall be extended to ninety (90) days.
iv. Upon the occurrence of a Default by the City or Parkland, VanDyk may,
at its option, upon written notice to both City and Parkland: (i) terminate
this Agreement, in which case VanDyk shall not be obligated to make
any additional Naming Rights Fee Payments due after such termination;
Page 11 of 17
provided, however, that VanDyk shall be obligated to pay any amounts
due on or prior to such termination; and/or (ii) enforce the provisions of
this Agreement by a suit in equity or at law for the specific performance
of any covenant or agreement contained in this Agreement, or for the
enforcement of any other legal or equitable remedy available at law.
vii. In addition, if at any time during the Term, VanDyk determines, after
giving notice to the City and Parkland and a reasonable opportunity to
respond, but not less than sixty (60) days, that any of the below Unusual
and Compelling Circumstances have occurred, and as a result the
continuation of the use of VanDyk’s Marks as contemplated by this
Agreement would discredit VanDyk, VanDyk in its sole discretion, may
terminate this Agreement. ‘Unusual and Compelling Circumstance’
shall mean:
a. Any situation, occurrence or action by the City or Parkland
which subjects the City, Parkland, or the Convention Center to
public scandal, disrepute, widespread contempt, or public
ridicule, because of offense, insult, or denigration of individuals
or groups, or insult or offense to the community or public morals
or decency.
b. Any situation or occurrence where the City or Parkland, or any
of their agents or Affiliates makes public comments which
degrade or ridicule the VanDyk or the Convention Center.
If one of the preceding conditions has occurred, the VanDyk may, at its
option, upon written notice to City and Parkland and after at least sixty
(60) days, terminate this Agreement and (i) if a court of competent
jurisdiction has found that one of the preceding conditions has occurred,
then all Naming Rights Fees and other monies already then paid by
VanDyk must be returned to VanDyk; otherwise (ii) one-half of the
Naming Rights Fees and other money paid by VanDyk to the City under
this Agreement shall be returned to VanDyk.
C. No Continued Use of Name. Upon termination of this Agreement, the City
and Parkland shall be free to rename the Convention Center and the Parties shall no longer use the
Approved Name or any name or logos incorporating or confusingly similar to the Approved Name
or any VanDyk Marks, and shall make reasonable efforts to notify parties contracting with the
Parties not to use the names or logos; provided, however, that City shall have a maximum of ninety
(90) days after termination of this Agreement to remove any references to, or displays of, the name
and logos from the Convention Center. Except as provided in paragraph 11(A), the costs of the
removal shall be borne by the City.
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1. Indemnification and Insurance. Parkland will indemnify, defend, and hold
VanDyk and VanDyk’s owners, officers, directors, agents, employees, and representatives
harmless of, from, and against any and all actions, causes of action, claims, demands, damages,
injuries, costs, loss of services, expenses, and attorney’s fees, on account of, arising from, or in
any way attributable to the Convention Center or Hotel or any of Parkland’s actions relating to
operation of the Convention Center or Hotel or otherwise arising from VanDyk’s relationship with
Parkland, the Convention Center, or the Hotel under this Agreement. All parties acknowledge the
legal limitations on the City’s ability to indemnify other parties. However, City and Parkland
jointly and severally will take all reasonable actions to release or cause to be released VanDyk and
VanDyk’s owners, officers, directors, agents, employees, and representatives from, any and all
formal legal actions attributable to the Convention Center or Hotel or any of the City or Parkland’s
actions relating to operation of the Convention Center or Hotel or otherwise arising from
VanDyk’s relationship with the City, Parkland, the Convention Center, or the Hotel under this
Agreement. The provisions of this Section 12 shall survive the expiration or termination of this
Agreement. City and Parkland jointly and severally agree that they shall, at all times during the
terms of this contract, maintain, at their sole cost and expense, with an insurance carrier with an
AM Best Rating of A-X or higher, general liability (CGL) insurance in an amount not less than
Two Million Dollars ($2,000,000) per occurrence with a per location Two Million Dollar
($2,000,000) aggerate limit dedicated to these properties with respect to any liability relating to
the Convention Center or Hotel. City and Parkland jointly and severally shall name VanDyk as
an additional insured and cause the policy to provide that it may not be cancelled or modified
without thirty (30) days’ advance written notice to VanDyk. The CGL policy by primary and non-
contributory and waive the carriers right of subrogation in favor of VanDyk. Copies of such
policies and a certificate of insurance shall be provided to VanDyk prior to the execution of this
agreement and annually thereafter evidencing continuing coverage for VanDyk at all times
consistent with this Agreement.
The City and Parkland shall maintain workers compensation insurance on all of their employees
and volunteers that visit the premise during the terms of this agreement. The City and Parkland
shall endeavor to ensure all contractors and suppliers visiting the site shall have workers
compensation and CGL insurance.
2. Litigation concerning Naming Rights. Should individuals or entities whom are
not signatories to this Agreement sue or threaten to sue the City, VanDyk and/or Parkland
concerning this Agreement and/or the substance of this Agreement, the Parties shall meet and
discuss amending this Agreement in order to avoid litigation or the threat of litigation. Any
amendment will require mutual consent of the Parties. In the event that the parties cannot come to
a mutually agreeable amendment to avoid litigation or threatened litigation, either party may
choose to terminate this Agreement and the City and VanDyk would each bear half the cost of
removing the VanDyk signage and logos from the Convention Center. If the parties choose to
defend the litigation or threatened litigation, the Parties shall select legal counsel to represent all
entities and enter into a joint representation agreement and legal fees and expenses in defending
the litigation or threatened litigation shall be split evenly between the City and VanDyk.
Page 13 of 17
3. Confidentiality. To the extent possible, each party agrees to treat as confidential
all information regarding the other party furnished, or to be furnished, pursuant to this Agreement,
including the terms and conditions of this Agreement. However, either party may disclose that
portion of the confidential information that is required to be disclosed by law, including the
Freedom of Information Act, but shall provide advance notice to any Party whose information is
being provided including the identity of the requesting parties, a copy of all requests or demands
for information pursuant to which such information is being provided, and a reasonable
identification of the information intended to be disclosed.
4. Counterparts. This Agreement may be executed in one or more counterparts, all
of which together shall constitute one instrument.
5. Notice. Each notice, request, demand, consent, approval or other communication
required or permitted under this Agreement (collectively, “notices”) shall be in writing and shall
be deemed to be given if hand-delivered or sent by overnight delivery service at the address set
forth below, or sent electronically (with confirmation of receipt) at the applicable number set forth
below:
If to City of Muskegon:
City Manager
City of Muskegon
933 Terrace St.
Muskegon, MI 49443-0536
With a copy to:
City Attorney
Parmenter Law
601 Terrace St.
Muskegon, MI 49440
If to Parkland Acquisition Two, LLC
Jonathan Rooks
75 West Walton, Suite A
Muskegon, MI 49440
With a copy to:
Charron Law
Dave Charron
5020 East Beltline, NE, Suite 201B
Grand Rapids, MI 49525
Page 14 of 17
If to VanDyk Mortgage:
Tom VanDyk, President
2449 Camelot Court SE
Grand Rapids, MI 49546
With a copy to:
Mario Flores
5906 Commerce Drive, East Suite
Muskegon, MI 49444
Any such notice shall be deemed given when actually delivered, when delivery is refused,
or upon confirmation of receipt of a facsimile.
6. Successors and Assigns. This Agreement shall be binding on, and shall inure to
the benefit of, the parties hereto and their successors and permitted assigns. This Agreement may
not be assigned by any party hereto without the prior written consent of the other parties; provided,
however, that (i) the City and Parkland may assign this Agreement to any existing or future
affiliate, whose business includes the operation of the Convention Center; (ii) VanDyk may assign
this Agreement to any existing or future affiliate, provided that VanDyk shall continue to be
obligated to the City and Parkland under this Agreement; and (iii) VanDyk may assign this
Agreement in connection with the direct or indirect transfer or sale of all or substantially all of its
assets, or in the event of a merger, consolidation, or similar transaction, provided that (a) the
acquirer or surviving entity has creditworthiness or credit rating at least equal to that of VanDyk
immediately prior to the transaction, (b) the acquirer or surviving entity is another mortgage
provider, and (c) such assignee expressly agrees to assume unconditionally all of the obligations
of VanDyk hereunder for the balance of the Term and agrees to bound hereby. For purposes of
this Agreement, “affiliate” means a person or entity that directly, or indirectly through 1 or more
intermediaries, controls, is controlled by, or is under common control with a specified person or
entity.
7. Severability. If any portion of this Agreement is judged to be illegal, invalid or
unenforceable, such portion will be given effect to the maximum extent possible by narrowing, or
enforcing in part, such portion to the minimum extent necessary to make it enforceable. Any such
invalidity or unenforceability will not in any way affect the validity or enforceability of the
remainder of this Agreement which will continue in full force and effect.
8. Captions. The captions used in this Agreement are for convenience only and will
not define, limit, or otherwise be used in the construction of this Agreement.
9. Entire Agreement. This Agreement and the related License Agreement, sets forth
the entire agreement between the Parties with respect to the subject matter hereof, and, except as
provided herein, there are no agreements between them, written or oral, relating to the subject
Page 15 of 17
matter hereof, other than as set forth in this Agreement.
10. Governing Law. This Agreement and the rights and obligations of the parties shall
be governed by, and construed and interpreted in accordance with, the laws of the State of
Michigan. Venue shall lie in Muskegon County, Michigan.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
CITY OF MUSKEGON
By:______________________________________
Its:______________________________________
PARKLAND ACQUISITIONS TWO, LLC
By:______________________________________
Its:______________________________________
VANDYK MORTGAGE CORPORATION
By:______________________________________
Its:______________________________________
Page 16 of 17
Exhibit A
Sponsorship Terms
1. Signage. VanDyk Mortgage will have the following permanent signage displays. Final
size, design, and location will be mutually agreed upon in advance by the Parties. Signage
to read VanDyk Mortgage Convention Center.
a. Exterior
i. Arena/Convention Marquee Sign.
ii. Exterior Shoreline Drive Signage
iii. Exterior 4th Street Signage
Page 17 of 17
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 01/12/2021 Title: Marshall Street Elevated Tank Painting
Submitted By: Joe Buthker Department: Public Works - Filtration
Brief Summary: Staff is requesting authorization to contract with Dixon Engineering for professional
services related to painting and repairing the Marshall Street elevated tank.
Detailed Summary:
Staff has worked with Dixon Engineering on a proposal for professional services to oversee the
design, bidding, construction, and post-construction phases of the Marshall Street elevated tank
project. Dixon Engineering has extensive knowledge of the city’s elevated water tanks and has
managed many of our past elevated tank projects and inspections.
Located in the Jackson Hill neighborhood, the Marshall Street tank is highly visible from the Moses
J. Jones Parkway. The exterior tank coating continues to chalk, fade, and lose its gloss. More
importantly, the exterior and interior coatings are beyond their expected lifetimes, and a 2019
inspection found coating deterioration with spot failures and topcoat delamination.
The largest part of this project will include repairs to the interior coating of the tank and a complete
overcoat of the tank exterior. Additionally, the cathodic protection system that prevents corrosion of
the tank has failed and needs to be repaired. Other minor modifications will take place on the tank
to bring it into compliance with safety standards and drinking water regulations.
Dixon Engineering will prepare design plans for the project and assist the city in soliciting bids from
contractors to perform the work. Bids for the contractors will be brought back to the commission
for consideration after they are received.
Amount Requested: $49,750 Amount Budgeted: $325,000
Fund(s) or Account(s): 591-92035 Fund(s) or Account(s): 591-92035
Recommended Motion:
Authorize staff to contract with Dixon Engineering in the amount of $49,750 for professional
services to oversee the painting and repairs of the Marshall Street elevated tank.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
DIXON 1104 Third Avenue
Lake Odessa, MI 48849
Telephone: (616) 374-3221
ENGINEERING & INSPECTION SERVICES Fax: (616) 374-7116
FOR THE COATING INDUSTRY
December 29, 2020
Mr. Joe Buthker
City of Muskegon
1900 Beach St.
Muskegon, MI 49441
Subject: 1,000,000 Gallon Radial Arm Elevated Tank (Marshall)
Dear Mr. Buthker,
Enclosed is the proposal for the 1,000,000 gallon radial arm water storage tank. We have an updated
agreement format. Since this is new format, I want to help explain what all is included.
A summary of the agreement and exhibits:
1. The first three pages are the agreement.
2. Dixon’s Services (scope of work) are included in Exhibit A (pages 4 to 8).
3. The basis of fees is included in Exhibit C (pages 9 to 12).
4. The summary of compensation fees is in Exhibit C Attachment C-1 (page 13).
5. Billable rates are in Exhibit C Attachment C-2 (page 14).
6. General provisions are in Exhibit GP (page 15 to 18).
7. Insurance and liability are in Exhibit I (pages 19 to 20).
We appreciate the opportunity to submit this proposal. If you have any questions, please feel free to
contact me at (616) 374-3221 ext. 309.
FOR DIXON ENGINEERING, INC.,
Eric Binkowski
Project Manager
Enclosure
DIXON 1104 Third Avenue
Lake Odessa, MI 48849
Telephone: (616) 374-3221
ENGINEERING & INSPECTION SERVICES Fax: (616) 374-7116
FOR THE COATING INDUSTRY
AGREEMENT BETWEEN OWNER AND DIXON
FOR PROFESSIONAL SERVICES
THIS IS AN AGREEMENT effective as of: (“Effective date”) between City of
Muskegon, Michigan (“Owner”) and Dixon Engineering, Inc. of Lake Odessa, Michigan (DIXON).
IN WITNESS WHEREOF, the (“Owner”) and (“DIXON”) have executed this Agreement. The Owners
Project, of which DIXON’s Services under this Agreement are a part, is generally identified as follows:
Technical Specifications, Contract Documents, Project Administration, Preconstruction Meeting,
Weld Observation, Wet Interior, Exterior, Dry Interior Coating Observations, Cathodic
Protection Installation, and One (1) Year Warranty (ROV) on the 1,000,000 Gallon Radial Arm
(Marshall) (“Project”).
Other terms used in this Agreement are defined in EXHIBIT GP and EJCDC C-700-18®, Standard
General Conditions of the Construction Contract, incorporated by reference into this Agreement.
This service fee is the (Estimated) Amount $49,750.
Proposals / Agreement Signatures
Eric Binkowski, Project Manager December 29, 2020
PROPOSED by DIXON (Not a contract until approved by Project Manager or Officer) PROPOSAL DATE
CONTRACT APPROVED BY OWNER POSITION DATE
Co SIGNATURE (if required) POSITION DATE
AGREEMENT APPROVED by DIXON POSITION DATE
With the execution of this Agreement, DIXON and Owner shall designate specific individuals to act as
DIXON’s and Owner’s representatives with respect to the services to be performed or furnished by
DIXON and responsibilities of Owner under this Agreement, said individual shall have authority to
transmit instructions, receive information, and render decisions relative to this Agreement on behalf of the
respective party whom the individual represents.
Designated Person: Joe Buthker Designated Person: Eric Binkowski
Address for Owner’s receipt of notices: Address for DIXON’s receipt of notices:
City of Muskegon Dixon Engineering, Inc.
1900 Beach St. 1104 Third Ave.
Muskegon, MI 49441 Lake Odessa, MI 48849
Email: joe.buthker@shorelinecity.com Email: eric.binkowski@dixonengineering.net
Any notice required under this Agreement shall be in writing, addressed to the Designated Contract Person
at its address on this signature page, or given personally, or by registered or certified mail postage prepaid,
or by a commercial courier service. All notices be shall effective upon the date of receipt.
Agreement Owner: City of Muskegon Page 1 of 20
Exhibits: A, C, GP, IR Contract No: 22-61-06-03
Owner and DIXON further agree as follows:
ARTICLE 1 SERVICES OF DIXON
1.01 DIXON shall provide or cause to be provided:
A. Contract and Project Management (Basic)Services: EXHIBIT A Part 1
B. Resident Project Representative (RPR): EXHIBIT A Part 1
C. Other Services: Services beyond the scope of Exhibit A are Additional Services.
ARTICLE 2 OWNER’S RESPONSIBILITIES
2.01 Owner shall provide or cause to be provided:
A. Responsibilities set forth in Exhibit A, Part 1, Section C of each phase.
B. Owner shall arrange for safe access to and make all provisions for DIXON to enter upon public and
private property as required for DIXON to perform services under the agreement.
ARTICLE 3 SCHEDULE FOR RENDERING SERVICES
3.01 Commencement:
A. DIXON is authorized to begin rendering services as of the Effective Date or mutually agreeable
date.
B. DIXON shall complete its obligations within a reasonable time. If a specific period of time for
rendering services, or specific dates by which services are to be completed are required, the dates
are provided in Exhibit A, and are hereby agreed to be reasonable.
ARTICLE 4 INVOICES AND PAYMENTS – PER EXHIBIT C
ARTICLE 5 OPINIONS OF COST – GENERAL PROVISIONS PER EXHIBIT GP
ARTICLE 6 GENERAL PROVISIONS PER EXHIBIT GP
ARTICLE 7 DEFINITIONS
A. Whenever used in this Agreement (including the Exhibits hereto) terms (including the singular and
plural forms) printed with initial capital letters have the same meanings indicated in the
Construction Contract Documents, EJCDC C-700 18.
B. Additional definitions pertinent to invoicing or payment can be found in Exhibit C.
ARTICLE 8 EXHIBITS AND SPECIAL PROVISIONS
A. EXHIBITS Included:
1. EXHIBIT A, DIXON’s Services and Owner’s Responsibilities.
2. EXHIBIT C, Basis of Fees, Invoicing, and Payment Matters.
3. EXHIBIT C, Attachments C-1 and C-2.
4. EXHIBIT GP, General Provisions from the Agreement and Exhibits.
5. EXHIBIT IR, Insurance Requirements and Limits of Liability.
B. EXHIBITS to be added as needed:
1. EXHIBIT J, Special Provisions. Services added at/before Effective date (included in original
Agreement sometimes referred to as an Addendum).
2. EXHIBIT K, Amendment to Owner-DIXON Agreement for Services added or changed after
effective date of this Agreement or for clarification if requested.
C. EXHIBITS B, D, F, and H merged with other Exhibits or not used.
Agreement Owner: City of Muskegon Page 2 of 20
Exhibits: A, C, GP, IR Contract No: 22-61-06-03
ARTICLE 9 MISCELLANEOUS PROVISIONS
9.00 Items that pertain to the legal terms of this Agreement. All General Provisions from Article 6 are
in Exhibit GP. Those provisions refer mostly to services that result from this Agreement.
9.01 Survival:
A. All express representations, waivers, indemnifications, and limitations of liability included in this
Agreement will survive its completion or termination for any reason.
9.02 Severability:
A. Any provision or part of the Agreement held to be void or unenforceable under any Laws or
Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon Owner and DIXON, which agree that the Agreement shall be reformed to replace
such stricken provision or part thereof with a valid and enforceable provision that comes as close
as possible to expressing the intention of the stricken provision.
9.03 Successors, Assigns, and Beneficiaries:
A. Owners and DIXON are hereby bound, and the successors, executors, administrators, and legal
representatives of Owner and DIXON are hereby bound to the other party to this Agreement and to
the successors, executors, administrators, and legal representatives (and said assigns) of such other
party, in respect of all covenants, agreements, and obligations of this Agreement.
B. Unless expressly provided otherwise in this Agreement:
1. Nothing in this Agreement shall be constructed to create, impose, or give rise to any duty
owed by Owner or DIXON to any Contractor, other third-party individual or entity, or to any
surety for or employee of any of them and not for the benefit of any other party.
2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and
exclusive benefit of Owner and DIXON and not for the benefit of any other party.
9.04 Waiver:
A. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor
shall it affect the enforceability of that provision or of the remainder of this agreement.
9.05 Accrual of Claims:
A. To the fullest extent permitted by Laws and Regulations, all causes of action arising under this
Agreement shall be deemed to have accrued, and all statutory periods of limitation shall
commence, no later than the date of Substantial Completion.
9.06 DIXON’s Certifications:
A. DIXON certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing
for or in executing the Agreement.
9.07 Total Agreement:
A. This Agreement, (together with the included Exhibits) constitutes the entire agreement between
Owner and DIXON and supersedes all prior written or oral understandings. This agreement may
only be amended, supplemented, modified, or canceled by a written instrument duly executed by
both parties. Amendments should be based, whenever possible, on the format of Exhibit K.
Agreement Owner: City of Muskegon Page 3 of 20
Exhibits: A, C, GP, IR Contract No: 22-61-06-03
EXHIBIT A: Agreement Between
Owner and DIXON
DIXON’S SERVICES AND OWNER’S RESPONSIBILITIES
Article 1 and 2 of the Agreement is supplemented to include the following agreement of the parties:
DIXON shall provide Contract and Project Management (BASIC) Services, and Resident Project
Representative (RPR).
DIXON has combined the six construction project phases into four phases; Design or Technical Specification
Phase, Contract Document and Bidding Phase, Construction Phase, and Post Construction Phase. We then
included DIXON’s Basic Services, RPR Services, and Owner’s responsibilities for each respective phase.
PART 1
A1.01 Design Phase – Technical Specifications:
A. Basic Services:
1. In preparing the Technical Specifications, use Design, Bid, Build Project Strategy.
2. DIXON shall prepare Technical Specifications and Drawings to include:
a. Additions to General Conditions of Construction Contract relevant to coating projects.
b. Specifications and Drawings for Health, Safety and Structural Repairs if any.
c. Specifications for Coating Repair or Replacement.
3. Advise Owner of additional reports, data, information, or services which may be necessary,
and assist Owner in obtaining such materials.
4. Furnish two review copies of the Design Phase documents, to Owner, and review those
documents with Owner.
5. After receipt, Owner shall review the Design Phase documents and submit to DIXON any
comments regarding the furnished items within two weeks of receipt or as mutually agreed.
6. Advise Owner of any recommended adjustments to the opinion of probable Construction Cost.
7. In response to Owner’s comments, as appropriate, make revisions and furnish to Owner one
electronic copy of the revised Design Phase documents.
8. DIXON’s services under the Design Phase will be considered complete on the date when
DIXON has delivered to Owner the revised Technical Specifications.
B. Design Phase – RPR Services–None
C. Design Phase – Owner’s Responsibility:
1. Provide DIXON with all criteria and full information as to Owner’s requirements for the
Project, including design objectives and constraints and upon DIXON’s request, obtain, and
furnish, such additional Project-related information and data as is reasonably required to
enable DIXON to complete its Services.
2. Give instructions to DIXON regarding Owner’s procurement of construction services including
instructions regarding Notice of Bids, Information for Bidders, Owner’s construction contract
practices and requirements, insurance and bonding requirements, requirements for electronic
transmittals during construction, other information necessary for the finalization of Owner’s
bidding-related documents, and Construction Contract Documents.
3. Owner shall be responsible for all requirements and instructions that it furnishes to DIXON
pursuant to this Agreement. DIXON may use and rely upon such requirements, materials, and
information in performing or furnishing services under this Agreement, subject to any express
limitations or reservations applicable to the furnished items.
A1.02 Bidding and Contract Document Phase:
A. Basic Services:
1. Provide technical criteria and file applications for permits for approvals of governmental
authorities having jurisdiction to review or approve the design; and revise the Technical
Specifications in response, as appropriate.
Agreement Owner: City of Muskegon Page 4 of 20
Exhibits: A, C, GP, IR Contract No: 22-61-06-03
2. Include in the Construction Contract Documents any specific protocols for the transmittal of
Project-related correspondence, documents, in electronic media or digital format. Any such
protocols shall be applicable to transmittals between and among Owner, DIXON, and
Contractor during the Construction Phase and Post-Construction Phase.
3. Prepare and submit to Owner for compliance with local state and municipal requirements:
a. Section 00 00 30 Notice to Bidders.
b. Section 00 00 40 Project Summary.
c. Section 00 02 00 Instructions to Bidders.
d. Section 00 07 00 General Conditions as modified by DIXON. EJCDC C-700-18. If
Owner elects to use their own documents, then supply Additions to General Conditions.
e. Section 00 08 00 Supplemental Conditions to include insurance requirements furnished by
Owner.
f. Section 00 04 10 Bid/Agreement Form as modified by DIXON.
g. Section 00 43 73 Schedule of Values Form.
4. Furnish for review by Owner, its legal counsel, insurance and other advisors, the draft bidding-
related Bid Documents and review them with Owner. Owner shall submit to DIXON any
comments regarding the furnished items, and any instructions for revisions.
5. Revise the final Bid Documents and Specifications in accordance with comments and
instructions from the Owner, as appropriate, and submit one electronic copy of revised
documents to Owner.
6. Direct mail advertisements to Contractors who have been prequalified, as capable and
responsive by DIXON.
7. Issue assembled Bid Documents to prospective contractors, and, where applicable, maintain a
record of prospective contractors to which documents have been issued, and receive and
process contractor charges for the issued documents. Document Fees: charges will be retained
as a printing, handling, and/or shipping fee.
8. Send Bid Documents to selected Builders Exchanges and Dodge Reports.
9. Address all written submitted questions, by letter or clarifying Addendum as appropriate to all
Bidders and Agencies (Builders Exchange and Dodge Reports) identified as having received
original documents from DIXON.
10. Review the bids submitted to the Owner and recommend award in writing based on lowest
responsible and responsive bidder.
11. If Owner agrees, issue Notice of Award to recommended Bidder.
12. Review bonds and insurance submitted by selected Contractor solely as to compliance with
insurance amounts and that bonds are of the format required. Insurance and Bonds are
forwarded to Owner for full review by their Insurance Consultant.
13. Furnish Owner and Contractor the Contract Documents for signatures and distribution. (One
signed copy to Owner, one to Contractor and one to DIXON).
14. Furnish Owner with completed Notice to Proceed to sign and forward to the Contractor.
15. The Bidding and Contract Documents Phase will be considered complete upon issuance of
Notice to Proceed.
B. Bidding and Contract Document Phase-RPR Services-None.
C. Bidding and Contract Documents Phase-Owner Responsibilities
1. Use, unaltered, the Contract Documents provided by DIXON when entering into an agreement
with the Contractor. DIXON will not unreasonably withhold a request to alter the document.
If Owner elects to use their own General Conditions, then they shall include DIXON’s
Additions to General Conditions, unaltered unless both parties agree to alteration.
2. Place and pay for advertisement for Bids as required by local ordinances in appropriate
publications, method of advertising is to be determined by the Owner.
3. Attend and participate in the pre-bid conference if any.
Provide a place for the bid opening and open the Bids received.
Agreement Owner: City of Muskegon Page 5 of 20
Exhibits: A, C, GP, IR Contract No: 22-61-06-03
4. Review Payment and Performance Bonds, and insurance certificates of selected Contractor.
These should be reviewed by the Owner’s insurance consultant and attorney for legality and
compliance with required indemnification, subrogation, amounts and all other insurance
matters.
5. Sign and forward to the Contractor the Notice to Award and Notice to Proceed. These Notices
will be supplied to Owner by DIXON.
A1.03 Construction Phase:
A. Basic Services:
1. DIXON will consult with Owner and act as Owner’s representative as provided in the
Construction Contract. The extent and limitations of the duties, responsibilities, and authority
of DIXON shall be as assigned in EJCDC C-700-18 Standard General Conditions of the
Construction Contract.
2. All of Owner’s instructions to Contractor will be issued through DIXON, which shall have
authority to act on behalf of Owner in dealings with Contractor to the extent provided in this
Agreement and the Construction Contract except as otherwise provided in writing.
3. Engineer or RPR has authority to Stop Work if Engineer or RPR questions the quality of Work
or rejects the Work, or if there (in the sole opinion of Engineer or RPR) a potential for creating
an environmental contamination.
4. Finalize Project to observe all items in the contract specifications have been completed and
review the quality of workmanship.
5. Duration of Construction Phase: The Construction Phase will terminate upon written
recommendation by DIXON for final payment to Contractors.
B. RPR Services for Maintenance of Existing Structures
1. Perform services expected of DIXON RPR and as detailed in the EJCDC Construction
Contract General Conditions, GC-700-18.
2. Attend a Preconstruction Meeting, and address questions regarding observation services and
coordination of field observations.
3. Hold Point General:
a. Hold Point is a stage of the Construction Project where the Contractor stops Work. Work
commences again after the Work is observed and reviewed for compliance.
4. Hold Point Weld/Modifications- Observe, Record, Report, and:
a. Observe repair, and or the installation of work for specifications compliance. All weld
repairs will be visually observed for surface defects (i.e. undercut, negative reinforcement,
non-fusion, etc.).
5. Hold Point Coating Wet Interior - Observe, Record, Report, and:
a. LWPC for thoroughness and compliance with specifications and verify test area
meets or exceeds minimum specified standard for abrasive blast cleaning.
b. Verify test area for abrasive cleaning meets or exceeds minimum of specified standard
c. Collect spent abrasive for sampling and testing.
d. Abrasive blast cleaning prior to application of the prime coat.
e. Prime coat prior to application of the next coat.
f. Intermediate coat prior to application of the stripe or topcoat.
g. Topcoat for compliance with specifications.
h. Observe wet interior using high/low voltage holiday detection.
6. Hold Point Coating Exterior - Observe, Record, Report, and:
a. Verify test area for high (HPWC) pressure water blast cleaning meets or exceeds minimum
specified standard.
b. HPWC for thoroughness and compliance with specifications and verify test area meets or
exceeds minimum specified standard for spot tool cleaning (SP-11).
c. Spot power tool, feathering, and compliance with specifications.
d. Prime coat prior to application of the acrylic intermediate coat.
Agreement Owner: City of Muskegon Page 6 of 20
Exhibits: A, C, GP, IR Contract No: 22-61-06-03
e.Acrylic intermediate coat prior to application of the urethane intermediate coat.
f.Urethane intermediate coat prior to application of the topcoat.
g.Topcoat for compliance with specifications.
h.Check foundations coating for compliance with specifications.
i.Application of the lettering/logo for thoroughness, dimensions (visual only) and aesthetic
appearance in accordance with specification requirements, and to verify no damage
occurred during lettering.
7. Hold Point Coating Dry Interior- Observe, Record, Report, and:
a. Abrasive blast cleaning for thoroughness, surface profile, feathering, and compliance with
specifications.
b. Prime coat prior to application of the intermediate coat.
c. Topcoat for compliance with specifications. Review all contract items to assure they have
been completed according to contract requirements.
8. Hold Point Cathodic Protection - Observe, Record, Report, and:
a. Cathodic protection repair/installation work for specification compliance.
9. Hold Point Project Finalization:
a. Review all repairs not installed until after coating.
b. Examine entire project for damage that occurred during construction or post construction
from rigging and de-rigging or other causes.
c. Observe the installation of screens, light bulbs, etc.
d. Observe Site for restoration to pre-project conditions.
e. Formulate a punch list of items to complete.
f. Create a second punch list if needed before finalization.
g. Finalize the project to assure all items in the contract specifications have been completed,
and the quality of workmanship meets contract requirements.
C. Construction Phase - Owner’s Responsibilities:
1. Inform DIXON in writing of any specific requirements of safety or security programs that are
applicable to DIXON, as a visitor to the Site.
2. Attend and participate in the Preconstruction conferences, construction progress and other job-
related meetings, and Site visits to determine Substantial Completion and readiness of the
completed Work for final payment.
3. If Owner, or Owner and Contractor, modify the duties, responsibilities, and authority of
DIXON in the Construction Contract, or modify other terms of the Construction Contract
having a direct bearing on DIXON, then Owner shall compensate DIXON for any related
increases in the cost to provide Construction Phase services.
A1.04 Post Construction Phase:
A. Basic Services:
1. One Year Warranty Observation – ROV and Exterior:
a. Review all wet or dry interior surfaces for corrosion and/or damage, qualify and quantify
damage for repairs. All coating repairs needed are to be quantified by extrapolation of a
measured area and compared with warranty requirements.
b. Observe the exterior coating and quantify damages.
c. Review all repairs completed during Construction Phase.
d. Review all exterior appurtenances for damage due to corrosion or construction.
e. Review exterior of the exposed foundations.
f. Review all health aspects of the tank, including screening of the vent, overflow pipe, and
other possible contamination sources.
g. Prepare a report documenting all items found that meet or fail to meet warranty
requirements and recommendations for repair. The report will be letter format.
B. Post Construction Phase – RPR Services
1. Detailed above if repairs are needed.
Agreement Owner: City of Muskegon Page 7 of 20
Exhibits: A, C, GP, IR Contract No: 22-61-06-03
C. Post Construction Phase - Owner’s Responsibilities:
1. Warranty Observation - ROV Observation:
a. Fill the tank to overflow or higher capacity and isolate it from the system during the ROV
observation, or as a minimum, maintain positive flow (No water withdrawal from tank).
b. Perform chlorine residual and bacteriological testing after completion of observation.
A2.01 ADDITIONAL SERVICES
A. Any service not listed or referenced above in Part 1 will be considered an Additional Service.
1. All additional requested services and associated fees shall be documented by an Exhibit K,
Contract Amendment signed by both parties.
Agreement Owner: City of Muskegon Page 8 of 20
Exhibits: A, C, GP, IR Contract No: 22-61-06-03
EXHIBIT C: Agreement Between
Owner and DIXON
BASIS OF FEES, INVOICING AND PAYMENT
General Provisions of Article 4 of the Agreement has been moved to this EXHIBIT C:
Part 1 BASIS OF FEES
C1.00 Owner’s Responsibility:
A. Owner shall pay DIXON for Basic (Project Management and Contract Administration), Resident
Project Representative (RPR), and Additional Services as detailed below and as summarized in
Attachment 1 to EXHIBIT C. (Exhibit C-1).
C1.01 Basis:
A. Hourly rates of DIXON’s employee are per classification in the Standard Hourly Rate and
Reimbursable Expense Schedule included in this Exhibit C as Exhibit C Attachment 2. (Ex C-2)
A classification that has a range of fees, reflects varying levels of experience within that
classification. DIXON reserves the right to select the level of RPR and classification. This
decision is at DIXON’s discretion only and will be dependent primarily on experience with Owner
selected Contractor as well as other factors.
1. Reimbursable expenses are those expenses directly related to and resulting from this Project.
These expenses are primarily living expenses and mileage.
C1.02 Methods of Rate Calculation and Definitions including Limitations:
A. Standard Hourly Rate (SHR) Method: An amount equal to the cumulative hours charged to the
Project by each classification of DIXON’s personnel, times Standard Hourly Rates and Overtime
rates for each applicable billing classification. (Exhibit C-2)
1. The SHR method may be used for all services. It is more commonly used on portions of
various Phase Services where scheduling and speed are controlled by the Contractor or
unforeseen project expenses. (Phase 3 Construction, Basic, and RPR services, and for
Additional Services during all phases. Overtime rates apply on weekends, holiday, and over
40 hours per week. When accounting for the 40 hours it applies over 40 hours worked
between Monday and Friday, weekend rates are already at Overtime rate. Holiday pay also
does not contribute toward the accounting for 40 hours.)
2. The SHR charged by DIXON constitutes full and complete compensation for DIXON services
including labor costs, overhead, and profit but not Reimbursable Expenses.
3. The Standard Hourly Rates per employee classification listed in Attachment C-2 do not
include reimbursable expenses. The estimated Reimbursable Expenses are NOT calculated and
averaged over the classification rate.
a. The estimator calculates the number of days a project is expected to require and calculates
manpower required to match number of hours and services required.
b. The estimator then calculates Reimbursable Expenses based on the same criteria.
c. Both the total manpower estimate, and Reimbursable Expenses total estimate are added.
And the total estimate is included in the fee schedule shown in Attachment C-1.
B. Lump Sum (LS) Method: One agreed fee for completing an agreed defined scope of services. The
Lump Sum Method fee charged by DIXON constitute full and completed compensation for
DIXON’s services including labor costs, overhead, and profit, and reimbursable expenses.
C. The Lump Sum Method is more commonly used by DIXON for portions of the Phases where
DIXON has control over a greater percentage of unknowns, such as the Technical Specifications,
Bidding and Contract Documents, and Post Construction Phases excluding fees for Additional
Services.
1. DIXON may use a Lump Sum for the entire project.
Agreement Owner: City of Muskegon Page 9 of 20
Exhibits: A, C, GP, IR Contract No: 22-61-06-03
D. Unit Price (UP) Method: Can be considered individual Lump Sum amounts. Reimbursable
expenses are calculated and included in Unit Price methods.
1. The Unit Price Method is used when DIXON completes Hold Point Observations, Project
Progress or Preconstruction Meetings, known, controlled portions of the Contract and
unknown Post Construction (Additional Services).
2. Exhibit J Amendment: If Amendment changes Scope of Services then Additional Services
may be negotiated Lump Sum or Standard Hourly Rate Method.
2. Exhibit K Addendum: Addenda items (if any) may be negotiated according to any agreed
method.
3. Subconsultants or Subcontractor Service Fees are not included in the SHR, LS, or UP
methods. DIXON will invoice for Subconsultant’s or Subcontractor’s actual invoiced amount
times a factor of 1.20. The 1.20 factor includes DIXON’s overhead and profit associated with
DIXON’s responsibility for the administration of such services.
E. Not every Method of Rate Calculation may be used in this or any Contract, but every contract may
be amended by using Exhibit K. If additional Work proposed in Exhibit K involves a different
Method of Rate Calculation, it will be clearly defined herein.
C1.03 Definitions including Limitations:
A. Basic Services to be performed are identified as Basic Services in Exhibit A, or by reference, in
the General Conditions (GC-700-18) of the Owner/Contractor Construction Documents. Basic
Services are generally calculated using the SHR method. These services are contracted services
and thus are prior authorized.
B. RPR Services contractually agreed services per Exhibit A or by reference, in the General
Conditions (GC-700-18) of the Owner/Contractor Construction Document RPR services. These
services are primarily observation during the Construction phase. RPR Services are generally
calculated using the SHR method for Full Time or Daily services and by Unit Price for Hold Point
Observations. Often a Contract for RPR services involves a combination of the SHR and the Unit
Price method. These are contracted services and thus are prior authorized.
C. Contingent Services some services are Basic to every contract such as Preconstruction Meeting
and review of Final Pay Request. Other Basic Services and the Project Manager’s time associated
with them are unknown. Some services are not used on all projects, such as review of multiple
Pay Requests, Change Orders, Field Orders, and Work Change Directives. These are services
which may or may not be needed, and thus Contingent. Contingent Services are generally
calculated using the SHR method but may be Lump Sum or Unit Price method. These are
contracted services and thus are prior authorized.
D. Additional Services are services outside of the Scope of Services as defined in Exhibit A. These
are NOT contracted services and prior authorization in the form of Exhibit K- Addendum to
Agreement is required. The calculation of fees is Work dependent and may be calculated by the
SHR method, or Lump Sum or Unit Price.
E. Antenna Services are defined in Ex B and authorized by Exhibit K – Antenna Addendum. The
calculation of the services is usually a combination of Unit Price and SHR methods. These are
contracted services (by addendum) and thus are prior authorized.
C1.04 Fees:
A. Contracted Fees are detailed in this Exhibit C Attachment 1.
B. Contingency Allowance Fees if identified or requested, are intended to allow the flexibility to
continue the Project and Services, without the need for an Addendum for additional fees.
Contingent Fees may be transferred within the Project Phase or transferred to other project Phases
as needed. Transfer does not require prior authorization. It is intended that any fees in this
Contingency be used when other accounts are exhausted or minor Additional Services are
required. Contingency fees unused will not be invoiced. Basic and/or RPR Fees may be increased
to accomplish the same benefits of a Contingency Allowance.
Agreement Owner: City of Muskegon Page 10 of 20
Exhibits: A, C, GP, IR Contract No: 22-61-06-03
C. Set-Off Fees contractual Set-off: (Applies to Construction and Post Construction Phases only) as
defined in the Technical Specifications and General Conditions of the Owner/Contractor Contract,
is a Contractually agreed remedy for small violations or nonadherence of the Contract terms which
result in extra or unnecessary expenses to the Owner. The cost for these unnecessary expenses are
not foreseen and cannot be calculated. They are the same SHR or Unit Price method, that had the
service been necessary would have been invoiced to Owner. These services generally do not
require prior approval of Owner, because they are required in the administration of the Contract.
Set-off fees are invoiced to the Owner, who pays DIXON. The Owner can then Set-off these
charges from amounts owed to the Contractor.
1. A few examples of Set-off Fees are when the Owner has incurred extra charges or engineering
costs related to:
a. Excessive submittal review,
b. Excessive evaluations of proposed substitutes,
c. Tests and inspections, or return Hold Point Observations to complete Field Work that were
determined to be a failed inspection and,
d. Work is defective, require correction or replacement including additional inspection costs.
2. Set-off is only used during the Construction and Post Construction Phases where additional
Observation or engineering services are required to correct failed Work.
C1.05 Estimated Fee:
A. The SHR Method of Rate Calculation is an estimate. The SHR Method is prepared based on
extensive experience and is intended to be conservative.
1. Calculating SHR includes, DIXON’s estimate of the amounts that will become payable for
specified services are only estimates for planning purposes, are not binding on the parties, and
are not the minimum or maximum amounts payable to DIXON under the agreement.
2. When estimated compensation amounts have been stated herein and it subsequently becomes
apparent to DIXON that the total compensation amount thus estimated will be exceeded,
DIXON shall give Owner notice thereof, allowing Owner to consider its options, including
suspension or termination of DIXON's services for Owner's Convenience. Upon notice,
Owner and DIXON promptly shall review the matter of services remaining to be performed
and compensation for such services. Owner shall either exercise its right to suspend or
terminate DIXON's services for Owner's convenience, agree to such compensation exceeding
said estimated amount, or agree to a reduction in the remaining services to be rendered by
DIXON, so that total compensation for such services will not exceed said estimated amount
when such services are completed. If Owner decides not to suspend DIXON's services during
the negotiations and DIXON exceeds the estimated amount before Owner and DIXON have
agreed to an increase in the compensation due DIXON or a reduction in the remaining
services, then DIXON shall be paid for all services rendered hereunder.
3. The requirements of minimum work hours and weeks shall remain in effect through
negotiations and the minimum requirements of these paragraphs are not negotiable. An RPR
is a professional, and if he remains on Site, he is guaranteed the minimum number of hours.
Negotiations may Full Time or Daily RPR to Hold Point Observation Services or reduce the
number of Daily Inspections. Then minimum hour requirements apply only to demobilization
if RPR was Full Time.
C1.06 DIXON’s Reimbursable Expenses Schedule and Standard Hourly and Overtime Rates:
A. Attached to this EXHIBIT C is Attachment C-2, Standard Hourly Rate and Reimbursable Expense
Schedule
B. Annual Cost Adjustment – January 1 each year.
1. The Standard Hourly Rates and Reimbursable Expenses Schedule will be adjusted annually as
of the first January 1 date past expiration date printed on Attachment C-2 to reflect equitable
Agreement Owner: City of Muskegon Page 11 of 20
Exhibits: A, C, GP, IR Contract No: 22-61-06-03
changes in the compensation payable to DIXON. Proposals sent after August 1st will have
Attachment C-2 with effective rates through December 31 of the subsequent year.
2. Unit Price for Hold Point observations and Lump Sum items shall be increased at the same
time as hourly rate by the same percentage increase as Standard Hourly Rates.
3. Notification of these cost adjustments, or the issuance of an Addendum or Change Order are not
required, but DIXON shall endeavor to so advise. Failure to supply notification does not waive
the right for implementing rate increases.
PART 2 INVOICING AND PAYMENT for Services in EXHIBIT A per EXHIBIT C-1:
A. Preparation and Submittal of Invoices: DIXON will prepare invoices in accordance with its
standard invoicing practices and the terms of this EXHIBIT C and Attachments C-1 and C-2.
DIXON will submit its invoices to Owner on a monthly basis. Invoices are due and payable
within 30 days of receipt. Small monthly invoices may be held by DIXON only, for a month or
more and combined.
B. Application to Interest and Principal: Payment will be credited first to any interest owed to DIXON
and then to principal.
C. Failure to Pay: If Owner fails to make any payment due DIXON for services and expenses within 30
days after receipt of DIXON’s invoice, then:
1. Amounts due DIXON will be increased at the rate of 1.0% per month (or the maximum rate of
interest permitted by law, if less) from said 30th day.
D. Disputed Invoices: If Owner disputes an invoice, either as to amount or entitlement, then Owner
shall promptly advise DIXON in writing of the specific basis for doing so, may withhold only that
portion so disputed, and must pay the undisputed portion.
PART 3 SELECTION OF RPR SERVICES
C3.01 Hold Point Observations:
A. The RPR travels to site complete the observation and travels back to Base Office. On site time at a
minimum is time to complete observations and to complete report.
Agreement Owner: City of Muskegon Page 12 of 20
Exhibits: A, C, GP, IR Contract No: 22-61-06-03
EXHIBIT C ATTACHMENT C-1: Agreement Between
Owner and DIXON
SUMMARY OF DIXON’S COMPENSATION FEES SCHEDULE of VALUES
1. The total compensation for services under this Agreement is the estimated total compensation
amount of Forty-Nine Thousand, Seven Hundred, Fifty Dollars, $49,750 and summarized as
follows:
Schedule of Values
Description of Services # of Units Unit Price Amount Basis of Compensation
A1.01-Technical Specifications $5,500 Lump Sum
A1.02-Bidding and Contract $1,000 Lump Sum
Documents
A1.03-Preconstruction Meeting $950 Unit Price
A1.03-Other Defined Basic $2,000 Lump Sum
Services: Project Administration
A1.03-RPR Services Weld 1 $1,250 $1,250 Unit Price
A1.03-RPR Critical Phase 31 $1,150 $35,650 Unit Price
Coating
A1.04-Warranty Observation $3,400 Lump Sum
Total $49,750
2. In the event of a conflict with the number in the Total and the written amount in 1 above or with
the number on the Signature Page, the first governance shall be a review of math in this schedule
of values.
3. DIXON may alter the distribution of compensation consistent with services actually rendered
between individual phases of Basic and RPR Service with unused fees calculated by any method.
Reallocation of fees shall not result in a total fee in excess of the total compensation amount unless
approved by the Owner.
Agreement Owner: City of Muskegon Page 13 of 20
Exhibits: A, C, GP, IR Contract No: 22-61-06-03
EXHIBIT C ATTACHMENT C-2: Agreement Between
Owner and DIXON
STANDARD HOURLY RATE AND REIMBURSABLE EXPENSE SCHEDULE
Labor Class Per Hour Overtime Rate
Principal $265.00
Project Manager $160.00 $240.00
Engineer $165.00 $248.00
CWI Welding RPR $160.00-$175.00 $240.00-$263.00
DIXON Level 3 or NACE Certified Level 3 RPR $110.00-$145.00 $165.00-$217.00
DIXON Level 2 or NACE Level 2 RPR $100.00-$125.00 $150.00-$188.00
DIXON Level 1 or NACE Level 1 RPR $90.00-$109.00 $135.00-$164.00
Contract Support Staff $115.00-$140.00 $173.00-$210.00
Expenses Metropolitan Out-State
Mileage $0.75/mile + tolls $0.65/mile
Lodging $148.00 per diem $138.00 per diem
Meals $48.00 per diem $41.00 per diem
FEES EFFECTIVE THROUGH: December 31, 2021 (Revised: 8/6/2020)
Agreement Owner: City of Muskegon Page 14 of 20
Exhibits: A, C, GP, IR Contract No: 22-61-06-03
EXHIBIT GP: Agreement Between
Owner and DIXON
GENERAL PROVISIONS AND RELATED CONDITIONS FROM AGREEMENT OR
EXHIBITS
GP1.00 Time for Completion:
A. If there is a change in the Scope of Services, or in Scope of Project, if Projects are delayed or
suspended through no fault of DIXON, if the orderly and continuous progress of DIXON’s
services is impaired, if the agreed periods of time or dates are changed, then the time for
completion of DIXON’s services, and the rates and amounts of DIXON’s compensation, shall be
adjusted equitably. Delay of Projects by Owner or Contractor until the next season (past the
expiration date of EXHIBIT C ATTATCHMENT 1 and 2), is considered a Change in Scope of
Services and the rates and amounts of DIXON’s compensation shall be adjusted equitably in
accordance with the succeeding year’s EXHIBIT C ATTATCHMENT 1 and 2.
B. Owner shall give prompt written notice to DIXON whenever Owner observes or otherwise becomes
aware of any development that affects the scope or time of performance of DIXON’s services; the
presence at the Site of any Constituents of Concern; or any relevant, material defect or
nonconformance in: (a) DIXON’s services, (b) the Work, (c) the performance of any Contractor, or
(d) Owner’s performance of its responsibilities under this Agreement.
C. Owner shall make decisions and carry out its other responsibilities in a timely manner so as not to
delay DIXON’s performance of its services.
D. If DIXON fails, through its own fault, to complete the performance required in this Agreement
within the time set forth, as duly adjusted, then Owner shall be entitled, as its sole remedy, to the
recovery of direct damages, if any, resulting from such failure.
GP1.01 Opinions of Probable Construction Cost:
A. DIXON’s opinions (if any) of probable Construction Cost are to be made on the basis of DIXON’s
experience, qualifications, and general familiarity with the construction industry. However,
because DIXON has no control over the cost of labor, materials, equipment, or services furnished
by others, or over contractors’ methods of determining prices, or over competitive Bidding or
market conditions, DIXON cannot and does not guarantee that proposals, Bids, or actual
Construction Cost will not vary from opinions of probable Construction Cost prepared by DIXON.
GP1.02 Standards of Performance and Compliance with Laws and Regulations:
A. Standard of Care: The Standard of Care for all services performed or furnished by DIXON under
this Agreement will be the care and skill ordinarily used by members of this subject profession
practicing under similar circumstances at the same time and in the same locality.
B. Technical accuracy: Owner shall not be responsible for discovering deficiencies in the technical
accuracy of DIXON’s services. DIXON shall correct deficiencies in technical accuracy without
additional compensation, unless such corrective action is directly attributable to deficiencies in
Owner-furnished information.
C. Reliance on Others: Subject to the Standard of Care set forth above in Paragraph GP1.02. A,
DIXON and its Consultants may use or rely upon design elements and information ordinarily or
customarily furnished by others, including, but not limited to, specialty contractors, manufacturers,
suppliers and the publishers or technical standards.
D. DIXON will make visits to the Site at intervals appropriate to the various stages of construction as
DIXON deems necessary in order to observe, as an experienced and qualified design professional,
the progress that has been made and the quality of the various aspects of Contractor’s executed
Work. Based on information obtained during such visits and observations, DIXON, for the benefit
of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract
Documents.
Agreement Owner: City of Muskegon Page 15 of 20
Exhibits: A, C, GP, IR Contract No: 22-61-06-03
E. DIXON shall not at any time supervise, direct, control, or have authority over any Constructor’s
work, nor shall DIXON have authority over or be responsible for the means, methods, techniques,
sequences, or procedures of construction selected or used by any Constructor or the safety
precautions and programs incident thereto, for security or safety at the Project site, nor for any
failure of a Constructor’s furnishing and performing of its work. DIXON shall not be responsible
for the acts or omissions of any Constructor or for Constructor’s compliance with Laws and
Regulations.
F. DIXON makes no warranties, express or implied, under this Agreement or otherwise, in
connection with any services performed or furnished by Contractor.
G. DIXON shall not be responsible for any decisions made regarding the construction Contract
requirements, or any application, interpretation, clarification, or modification of the construction
Contract documents other than those made by DIXON or its consultants.
H. DIXON’s Services and Additional Services do not include: (1) serving as a “municipal advisor”
for purposes of the registration requirements of the Section 975 of the Dodd-Frank Wall Street
Reform and the Consumer Protection Act (2010) or the municipal advisor registration rules issued
by the Securities and Exchange Commission; (2) advising Owner, or any municipal entity or other
person or entity regarding municipal financial products or the issuance of municipal securities,
including advice with respect to the structure, timing, terms, or other similar matters concerning
such products or issuances; (3) providing surety bonding or insurance-related advice,
recommendations, counseling, or research, or enforcement of construction insurance or surety
bonding requirements, or (4) providing legal advice or representation.
GP1.03 Use of Documents:
A. All Documents are instruments of service, and DIXON shall retain an ownership and property
interest therein (including the copyright and the right of reuse at the discretion of DIXON) whether
the Project is completed or not. NOTE: A delayed project may require revisions of the Bid
and/or Contract Documents.
1. Owner may make and retain copies of Documents for information and reference in connection
with the use of the Documents on the Project. DIXON grants Owner a limited license to use
the Documents on the Project. Owner shall not use, reuse, or modify the Documents without
written verification, completion, or adaptation by DIXON. The limited license to Owner shall
not create any rights in third parties.
GP1.04 Suspension and Termination:
A. Suspension:
1. By Owner: Owner may suspend the Project for up to 90 days upon seven days written notice
to DIXON.
2. By DIXON: DIXON may, after giving seven days written notice to Owner, suspend services
under this Agreement if Owner has failed to pay DIXON for invoiced services and expenses,
or in response to the presence of Constituents of Concern at the Site.
B. Termination: The obligation to provide further services under this Agreement may be terminated.
1. For cause, by either party upon 30 days written notice in the event of substantial failure by the
other party to perform in accordance with the terms hereof through no fault of the terminating
party.
2. By DIXON:
a. Upon seven days written notice if Owner demands that DIXON furnish or perform
services contrary to DIXON’s responsibilities as a licensed professional; or if services for
the Project are delayed or suspended for more than 90 days for reasons beyond DIXON’s
control, or as the result of the presence at the Site of undisclosed Constituents of Concern.
b. DIXON shall have no liability to Owner on account of either such termination. This
Agreement will not terminate; however, if the party receiving such notice begins, within
seven days of receipt of such notice, to correct its substantial failure to perform and
proceeds diligently to cure such failure within no more than 30 days of receipt thereof.
Agreement Owner: City of Muskegon Page 16 of 20
Exhibits: A, C, GP, IR Contract No: 22-61-06-03
3. For convenience, by Owner effective upon DIXON’s receipt of notice from Owner.
C. Effective Date of Termination: The terminating party under Paragraph GP 1.04 may set the
effective date of termination at a time up to 30 days later than otherwise provided to allow DIXON
to demobilize personnel and equipment from the Site, to complete tasks whose value would
otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to
assemble Project materials in orderly files.
D. Payments Upon Termination:
1. In the event of termination by Owner or by DIXON for cause, DIXON shall be entitled, to
invoice Owner and receive payment of a reasonable amount for services and expenses directly
attributable to termination, both before and after the effective date of termination, such as
reassignment of personnel, and other related close-out costs, using methods and rates for
Additional Services as set forth in EXHIBIT C.
2. The scheduled time period between Contract Award and the physical start of Construction, or
if Construction is postponed for the off season (winter), shall not be considered a
“suspension.”
GP1.05 Controlling Law and Compliance with Laws and Regulations:
A. This Agreement is to be governed by the Laws and Regulations of the state in which the Project is
located. DIXON and Owner shall comply with state Laws and Regulations of state of Project.
B. DIXON shall comply with any and all instructions of Owner, and all requirements of Contractor’s
or Owner’s safety program that are applicable to DIXON’s performance of services under this
Agreement and that Owner provides to DIXON in writing, prior to the Effective Date; subject to
the Standard of Care set forth in Paragraph GP1.02.A above, and to the extent compliance is not
inconsistent with professional practice requirements.
C. The following may be the basis for modifications to Owner’s responsibilities or to DIXON’s scope
of services, times of performance, or compensation:
1. Changes after the Effective Date to Laws and Regulations;
2. The receipt by DIXON; or changes after the Effective Date of Owner-provided written
policies and procedures;
D. The General Conditions for any construction contract documents prepared hereunder are to be
EJCDC C-700-18 “Standard General Conditions of the Construction Contract” (2018 Edition),
prepared by the Engineer’s Joint Contract Documents Committee, and as modified by DIXON
unless expressly indicated otherwise. If Owner supplied General Conditions are used, then DIXON
supplied Additions shall also be used to the extent they do not conflict with Owner’s.
GP1.06 Dispute Resolution
A. Owner and DIXON agree to negotiate all disputes between them in good faith for a period of 30
days from the date of notice prior to invoking nonbinding mediation or exercising their rights at
law.
B. If negotiations fail then Owner and DIXON shall proceed to nonbinding mediation before a panel
of three, one panel member selected by each party, and one mutually agreeable person. The only
requirements are that neither party have any financial or relational control over any panel member.
DIXON will select, based on expertise in the area of dispute. (DIXON pays fees for their panel
member, Owner pays fees of their member and third member’s fees are to be paid as direct by the
panel, even if their final dispute resolution is not accepted).
C. After one trial mediation, unless an additional attempt is accepted by both parties either party may
exercise their rights at law.
GP1.07 Environmental Condition of Site:
A. Owner represents to DIXON that as of the Effective Date to the best of Owner’s knowledge, that
there are no Constituents of Concern, other than those disclosed in writing to DIXON, exist at or
adjacent to the Site.
Agreement Owner: City of Muskegon Page 17 of 20
Exhibits: A, C, GP, IR Contract No: 22-61-06-03
B. Constituents of Concern in the Coating Industry- DIXON and Owner acknowledge that the coating
industry may generate hazardous waste or Constituents of Concern (C of C) when removing old
coatings, C of C may be existing in soils from coating removal in the past, and some gasket
materials contained asbestos. Old coatings may contain heavy metals such as lead, chrome, and
cadmium. Hazardous solvents may be present in new coatings, thinners, or used in the cleaning of
equipment. These materials may be C of C but are considered Known C of C.
C. If DIXON Encounters or learns of an undisclosed Constituents of Concern at the Site, then
DIXON shall notify Owner. State and Federal notifications, if required, are the responsibility of
the Owner.
D. Owner acknowledges that DIXON is performing professional services for Owner and that DIXON
is not and shall not be required to become an “owner,” “arranger,” “operator,” “generator,” or
“transporter” of hazardous substances, as determined in the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA), as amended, which are or may be
encountered at or near the Site in connection with DIXON’s activities under this Agreement
Agreement Owner: City of Muskegon Page 18 of 20
Exhibits: A, C, GP, IR Contract No: 22-61-06-03
EXHIBIT IR: Agreement Between
Owner and DIXON
INSURANCE REQUIREMENTS AND LIABILITY CONCERNS
The Agreement is supplemented to include the following agreement of the parties:
IR1.00 Insurance:
A. The limits of liability for the insurance required on this project are as follows:
B. By DIXON:
1. Workers’ Compensation: Statutory
2. Employer’s Liability --
1) Bodily injury, each accident: $1,000,000
2) Bodily injury by disease, each employee: $1,000,000
3) Bodily injury/disease, aggregate: $1,000,000
3. General Liability --
1) Each Occurrence (Bodily Injury and Property Damage) $1,000,000
2) General Aggregate $2,000,000
4. Excess or Umbrella Liability
1) Per Occurrence: $5,000,000
2) General Aggregate: $5,000,000
5. Automobile Liability
1) Combined Single Limit (Bodily Injury and Property Damage): $1,000,000
6. Professional Liability –
1) Each Claim Made $2,000,000
2) Annual Aggregate $2,000,000
C. Additional Insured’s: The following individuals or entities are to be listed on DIXON’s general
liability policies of insurance as additional insured’s: Owner and other parties requested by Owner
Electronic Data Transmittal Protocol within reason.
D. Owner shall require Contractor to purchase and maintain policies of insurance covering workers'
compensation, general liability, motor vehicle damage and injuries, and other insurance necessary to
protect Owner's and DIXON's interests in the Project. Owner shall also require Contractor to cause
DIXON and its Consultants to be listed as additional insureds with respect to such liability insurance
purchased and maintained by Contractor for the Project.
E. DIXON shall deliver to the Owner certificates of insurance evidencing the coverages. Such
certificates shall be furnished prior to commencement of DIXON’s services and at renewals
thereafter during the life of the Agreement.
F. All policies of property insurance relating to the Project, including but not limited to any builder’s
risk policy, shall allow for waiver of subrogation rights and contain provisions to the effect that in
the event of payment of any loss or damage the insurers will have no rights of recovery against any
insured thereunder or against DIXON or its Consultants. Owner and DIXON waive all rights against
each other, Contractor, the Consultants, and the respective officers, directors, members, partners,
employees, agents, consultants, and subcontractors of each and any of them, for all losses and
damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by
any builder’s risk policy and any other property insurance relating to the Project. Owner shall take
appropriate measures in other Project-related contracts to secure waivers of rights.
G. All policies of insurance shall contain a provision or endorsement that the coverage afforded will not
be canceled or reduced in limits by endorsement, and that renewal will not be refused, until at least
10 days prior written notice has been given to the primary insured. Upon receipt of such notice, the
receiving party shall promptly forward a copy of the notice to the other party to this Agreement.
H. At any time, Owner may request that DIXON or its Consultants, at Owner’s sole expense, provide
additional insurance coverage, increased limits, or revised deductibles that are more protective than
those specified in EXHIBIT IR. If so, requested by Owner, and if commercially available, DIXON
Agreement Owner: City of Muskegon Page 19 of 20
Exhibits: A, C, GP, IR Contract No: 22-61-06-03
shall obtain and shall require its Consultants to obtain such additional insurance coverage, different
limits, or revised deductibles for such periods of time as requested by Owner, and EXHIBIT IR will
be supplemented to incorporate this requirement.
I. Definitions:
1. Owner and Party 1 is Owner and Owner’s officers, directors, membership, partners, agents,
employees, consultants, or others retained by or under contract to the Owner with respect to
this Agreement or to the Project.
2. DIXON and Party 2 is DIXON and/or DIXON’s officers, directors, members, partners, agents,
employees, consultants, subcontractors, or others under contract to DIXON relative to this
Project or Agreement.
IR1.01 Limitation of Liability:
A. DIXON’s Liability Limited to Amount of Insurance Proceeds: DIXON shall procure and maintain
insurance as required by and set forth in EXHIBIT IR to this Agreement. Notwithstanding any
other provision of this Agreement, and to the fullest extent permitted by Laws and Regulations, the
total liability, in the aggregate, of DIXON and Party 2 to Owner and anyone claiming by, though,
or under Owner shall not exceed the total insurance proceeds paid on behalf of or to DIXON by
DIXON’s insurers in settlement or satisfaction of Owner’s Claims under the terms and conditions
of DIXON’s insurance policies applicable thereto (excluding fees, costs and expenses of
investigation, claims adjustment, defense, and appeal), up to the amount of insurance required
under this Agreement
IR1.02 Exclusion of Special, Incidental, Indirect, and Consequential Damages:
A. To the fullest extent permitted by Laws and Regulations, and notwithstanding any other provision
in the Agreement. DIXON and Party 2 shall not be liable for special, incidental, indirect, or
consequential damages arising out of, or related to this Agreement or the Project, from any cause
or causes, including but not limited to: damage to water supply or reduction in fire protection.
IR1.03 Percentage Share of Negligence:
A. To the fullest extent permitted by Laws and Regulations, a party’s total liability to the other party
and anyone claiming under the other party for damages caused in part by the negligence of the
party and in part by the negligence of the other party or any other negligent entity or individual,
shall not exceed the percentage share that the party’s negligence bears to the total negligence of
Owner, Engineer, and all other negligent entities and individuals.
Agreement Owner: City of Muskegon Page 20 of 20
Exhibits: A, C, GP, IR Contract No: 22-61-06-03
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 01/12/2021 Title: As-Needed Forestry Services
Submitted By: Leo Evans Department: Public Works
Brief Summary: Authorize the award of the As-Needed Forestry Services to CHOP Tree Service in
the not to exceed amount of $50,000.
Detailed Summary:
Staff solicited bids for as-needed forestry services. The bid was posted publicly on our website and
hosted elsewhere along with bid packets being mailed to several area tree firms. Only one bid was
received at the designated time with a second bid received late and rejected.
The Bid Sheet for CHOP is included in the attachment. The bid sheet was reviewed and found to be a
reasonable bid and is recommended for approval by staff. The bid received late that was rejected was
higher than the accepted bid.
This project was included in the most recent 20-21 budget reforecast.
Amount Requested: $50,000.00 Amount Budgeted: $50,000.00
Fund(s) or Account(s): 101-70771-5346 Fund(s) or Account(s): 101-70771-5346
Recommended Motion:
Approve the award of the as-needed forestry services contract to CHOP Tree Service for the not to
exceed amount of $50,000.00.
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: 1/12/2021 Title: Police Cruiser Replacement
Submitted By: Joe Buckingham Department: Equipment
Brief Summary:
The Equipment Division is requesting permission to purchase three Chevy Tahoe’s from Berger
Chevrolet the State Mi-Deal contract holder. The price of this vehicle is $38,836.00 each for a total
price of $116,508.00 coming from the Equipment budget.
Detailed Summary:
Amount Requested: $116,508.00 Amount Budgeted: $120,000.00
Fund(s) or Account(s): Equipment Fund(s) or Account(s):
Recommended Motion: Authorize staff to move forward with purchase.
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: January 12, 2021 Title: PILOT – Village at Jackson Hill
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to amend the PILOT at the Village of Jackson Hill, by General Capital.
Detailed Summary:
General Capital (“GCG”) is under contract to purchase the Village at Jackson Hill, a 40-unit senior tax
credit apartment complex constructed about 15 years ago at 557 McLaren Avenue. GCG intends to
apply to MSHDA for 9% tax credits to rehabilitate the project. In order for the project receive a high
enough score to be competitive to receive an allocation of credits, they are asking that the City consider
adopting a new PILOT for the program. The existing 4% PILOT terminates in 2027 and MSHDA
requires a PILOT with a longer term to receive the PILOT points.
If successful in receiving a tax credit award, GCG intends to rehabilitate the project. They anticipate
spending approximately $48,000 per unit in hard construction costs. The rehabilitation will include
creating visitable and truly handicap accessible units. In addition, if successful in receiving an award of
the credits the Area Median Income (“AMI”) unit mix of the project will expand. Currently, the project
has 2 60% AMI units 18 45% AMI units and 20 40% AMI units. With a new tax credit award, the unit
AMI mix will shift to 5 units at 30% AMI, 5 units at 40% AMI, 1 unit at 50% AMI, 16 units at 40% AMI
and 13 units at 80% AMI.
With the change in unit mix the gross potential rental revenue at the project will increase from
approximately $260,000 to $330,000. This increase will happen over time, as the current tenants will not
be displaced. Rents will increase in the same manner they have in the past. As new tenants take
occupancy, the rents will increase to the new AMI limits.
The current owners are paying a 4% PILOT and it expires in 2027. GCG is requesting to extend the
PILOT 25 years (until 2046) and is willing to adjust the PILOT payments to include a municipal services
fee.
In addition, it also appears that a corner of one of the buildings encroaches onto City ROW. The applicant
is seeking an encroachment easement that will help with any liability with the building location.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the amended PILOT, including the Municipal Services
Agreement. Also, to approve the encroachment easement.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
MUNICIPAL SERVICES AGREEMENT
THIS MUNICIPAL SERVICES AGREEMENT (“Agreement”) is entered into on this
___ day of January, 2019 between GENCAP VILLAGE at JACKSON HILL LIMITED
DIVIDEND HOUSING ASSOCIATION, LLC, a Wisconsin limited liability company, with an
office at 6938 N Santa Monica Blvd, Fox Point, WI 53217, and its successors and/or assigns (the
“Developer”) and the CITY OF MUSKEGON, 933 Terrace Street, Muskegon, MI 49440 (the
“City”) is made pursuant to the following terms:
RECITALS
A. Developer has acquired an option to purchase a site in the City of Muskegon known
as 1021 Jefferson Street Apartments for the construction of a proposed low-income housing project
(the “Project”).
B. The parties recognize that due to the high concentration of persons residing
at the Project that the City will be providing a higher level and greater amount of Municipal
Services (as defined in this Agreement) to the Project.
C. The City, through its Police and Fire Departments and otherwise, provides
Municipal Services within the City. The Project will have special needs for these types of
Municipal Services and Developer acknowledges that such needs may be greater than
typically situated residential developments.
D. The Developer desires to guarantee that certain Municipal Services will be provided
to the Project during the term that the Payment in Lieu of Tax (hereinafter referred to as the
“Contract for Housing Exemption”) Ordinance for this Project is in place, such Municipal Services
to include, but not be limited to:
1. Emergency services, including police and fire services specifically administered
through the City, and, on public streets and sidewalks, maintenance, repair, snow removal,
and street lighting; also to include other matters as the City deems necessary;
2. Other miscellaneous services as may, from time to time, be mutually agreed to for
the benefit of the Project;
3. Said municipal services shall be provided in the customary way and in accordance
with all laws, rules and regulations of the United States of America, State of Michigan,
County of Muskegon and City of Muskegon or other applicable jurisdictions or bodies.
(All of the above collectively referred to as “Municipal Services”)
4. Nothing in this Agreement shall be deemed to waive any defense to claims based
on sovereign or governmental immunity.
AGREEMENT
The parties agree as follows:
1. Provision of Services. The City will provide the Municipal Services.
2. Payment. The Developer shall pay a service charge on or before July 1, of each
year during the time the CONTRACT FOR HOUSING EXEMPTION is in effect. (“Municipal
Services Fee”). The Municipal Service Fee shall be two (2%) percent of gross rent potential
annually starting during the calendar year that a unit in the Project is placed in service. The first
year shall be pro-rated based on that portion of the City’s fiscal year (July 1 – June 30) that any
unit is ready to be placed in service.
3. Term. Payment for Municipal Services shall commence during the calendar year
the CONTRACT FOR HOUSING EXEMPTION Ordinance becomes effective and continue for
as long as the CONTRACT FOR HOUSING EXEMPTION is in effect.
4. Audit. Developer shall submit, upon request, a copy of the annual audit of the
Project prepared by independent CPA’s along with the payment of the service charge.
5. Exclusive Benefit. The obligations of the Developer hereunder are imposed
solely and exclusively for the benefit of the City and no other person or entity shall have the
standing to enforce such obligations or be deemed to be beneficiaries of such obligations.
6. Remedies. The Developer agrees that if it does not perform its obligations under
this Agreement the City is entitled to pursue any and all remedies legal or equitable that it is entitled
to under Michigan law. The Developer agrees to be liable for all costs of collection including
reasonable attorney's fees and costs incurred by the City in the enforcement of the terms of this
Agreement.
7. Assignment. Upon the written consent of the City, the Developer may transfer or
assign its rights and obligations under this Agreement to a buyer (“Transferee”) of the Project.
The Transferee must agree to assume the Developer’s obligations under this Agreement and the
Development Agreement which has been executed by the Developer with the City. Upon
assignment and assumption of this Agreement by the Transferee (or an affiliate, as provided
below), the Developer shall be relieved of any further liabilities or obligations accruing under this
Agreement or the Development Agreement. Notwithstanding the foregoing, the Developer may
assign this Agreement, without the written consent of the City, to an affiliate of Developer
(provided that such affiliate agrees to assume the Developer's obligations hereunder and provided
that the Developer and assignee give prior notice of the assignment to the City with evidence that
the assignee has agreed to assume the obligations of the Developer).
8. Severability. If any term or condition of this Agreement is found to be void,
invalid, or unenforceable, the validity or enforceability of the remaining terms and conditions shall
not be affected or impaired and will continue in full force and effect.
9. Notices. All notices under this Agreement must be in writing and sent to the
respective parties as follows:
If to Developer:
GENCAP VILLAGE AT JACKSON HILL LIMITED DIVIDEND HOUSING
ASSOCIATION, LLC
Attn: Joshua Hafron
6938 N. Santa Monica Blvd.
Fox Point, WI 53217
with a copy to:
David Weiss
6938 N. Santa Monica Blvd.
Fox Point, WI 53217
If to the City:
City of Muskegon
Attn: City Manager
933 Terrace Street
Muskegon, MI 49440
Every notice must be in writing and sent by one of the following methods:
a. Personal delivery, in which case delivery shall be deemed to occur the day of the
delivery;
b. Certified or registered mail, postage prepaid, return receipt requested, in which case
delivery shall be deemed to occur the day it is officially recorded by the U.S. Postal Service
that is has delivered it to the intended recipient; or
c. Next day delivery by a recognized private delivery service such as Federal Express,
providing proof of mailing and delivery comparable to certified or registered mail, return
receipt requested, in which case delivery shall be deemed to occur upon delivery as
recorded by the delivery service.
Either party may change the address provided in this paragraph for itself or its attorney by
providing notice of such change to the other party as required in this paragraph.
10. No Waiver. No delay, omission, or failure of the City to act under this Agreement
or to insist upon strict compliance with any term and condition of this Agreement, and no custom
or practice of the parties at variance with the terms and conditions of this Agreement shall
constitute a wavier of City’s right to demand exact compliance with this Agreement. No waiver
of any right or remedy of City shall be construed as a bar to or a waiver of any such right or
remedy on any future occasion.
11. Headings. The headings in this Agreement have only been inserted for
convenience and shall not affect the meaning or interpretation of this Agreement. No heading
shall have any legal significance of any nature whatsoever.
12. Binding Effect. This Agreement shall be binding on the parties, their heirs,
successors, and assigns.
13. Amendments. There shall be no modification or amendments to this Agreement,
including this section, unless they are in writing and signed by all of the parties to this Agreement.
14. Governing Law. This Agreement has been executed in the State of Michigan, and
shall be governed by Michigan law.
15. Complete Agreement. This Agreement contains the entire agreement between
the parties and supersedes all prior oral or written representations, negotiations and agreement on
the subject matter stated herein.
{Signatures on next page}
Municipal Services Agreement
Signature Page
IN WITNESS WHEREOF, this Municipal Services Agreement is executed as of the day and year
first written above.
City of Muskegon
Dated: January ___, 2019 By:_______________________
Steve Gawron, Mayor
Dated: January ___, 2019 By: ______________________
Ann Meisch, City Clerk
GENCAP VILLAGE AT JACKSON HILL
LIMITED DIVIDEND HOUSING
ASSOCIATION, LLC, a Michigan limited
liability company
Dated: January ___, 2019 By: GenCap Village at Jackson Hill MM, LLC, a
Wisconsin limited liability company, its Sole
Member
By: General Capital Group, Inc, a Wisconsin
corporation, its Manager
By: _____________________
David Weiss, CEO
CITY OF MUSKEGON
2020-____
CONTRACT FOR HOUSING EXEMPTION
This First Amended and Restated Agreement between GENCAP VILLAGE AT
JACKSON HILL LIMITED DIVIDEND HOUSING ASSOCIATION, LLC, a Michigan
limited liability company (the “Developer”) and CITY OF MUSKEGON, 933 Terrace Street,
Muskegon, Michigan (the “City”) is made pursuant to the following terms:
RECITALS
A. The City has adopted Chapter 82, Article II “Taxation” of the City Code of
Ordinances, providing for tax exemption (the “Ordinance”); and provide for a service charge in
lieu of taxes for a housing project for Low Income Persons and Families to be financed with a
Federally-Aided Mortgage Loan or an advance or grant from the Authority pursuant to the
provisions of the State Housing Development Authority Act of 1966 (1966 PA 346, as amended;
MCL 125.1401, et. seq.)(the”Act”);
B. It is acknowledged that it is a proper public purpose of the State of Michigan and
its political subdivisions to provide housing for its low income persons and families and to
encourage the development of such housing by providing for a service charge in lieu of property
taxes in accordance with the Act. The City is authorized by this Act to establish or charge the
service charge to be paid in lieu of taxes by any or all classes of housing exempt from taxation
under this Act at any amount it chooses, not to exceed the taxes that would be paid but for this Act.
It is further acknowledged that such housing for low income persons and families is a public
necessity, and as the City will be benefited and improved by such housing, the encouragement of
the same by providing real estate tax exemption for such housing is a valid public purpose. It is
further acknowledged that the continuance of the provisions of this Ordinance for tax exemption
and the service charge in lieu of all ad valorem taxes during the period contemplated in this
Ordinance are essential to the determination of economic feasibility of the housing projects that is
constructed with financing extended in reliance on such tax exemption;
The City acknowledges that the Sponsor (as defined below) has offered, subject to
receipt of an allocation of Low Income Housing Tax Credits and/or receipt of a Mortgage Loan
from the Michigan State Housing Development Authority, to construct/acquire and rehabilitate,
own and operate a housing project identified as the Village at Jackson Hill Apartments on certain
property located at 557 McLaren in Muskegon (the “Project”) to serve Low Income Persons and
Families, and that the Sponsor has offered to pay the City on account of this housing project an
annual service charge for public services in lieu of all ad valorem property taxes;
C. Developer has acquired an option to purchase a site in the City of Muskegon 557
McLaren for the rehabiliatation of a proposed low-income housing project for Low Income
Persons and Families;
D. Developer and an affiliate of Developer, to be formed, have or will enter into an
agreement to form a limited dividend housing association limited liability company to function as
owner of the proposed low-income housing Project. The owning entity to be formed will be
identified as GenCap Village at Jackson Hill Limited Dividend Housing Association, LLC;
E. The City encourages rehabilitation and financing of the said low-income housing
project which is identified by the working name of The Village at Jackson Hill;
F. To further enable and encourage the construction of the housing project, Developer
and the City enter into this Agreement; and
G. The legal description of the Project is set forth in Exhibit A attached to this
Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS AND THE
RECITALS ARE INCORPORATED HEREIN BY REFERENCE:
1. Definitions.
1.1 “Authority” means the Michigan State Housing Development Authority.
1.2 “Annual Shelter Rents” means the total collections during an agreed annual
period from or paid on behalf of all occupants of a housing project representing rent or
occupancy charges, exclusive of Utilities.
1.3 “Contract Rents” means the total Contract Rents (as defined by the U.S.
Department of Housing and Urban Development in regulations promulgated pursuant to
Section 8 of the U.S. Housing Act of 1937, as amended) received in connection with the
operation of a housing project during an agreed upon annual period, exclusive of Utilities.
1.4 “Low Income Persons and Families” means persons and families eligible to
move into a housing project.
1.5 “Low Income Housing Tax Credits” means credits allocated under Section
42 of the Internal Revenue code (“LIHTC”).
1.6 “Mortgage Loan” means a Federally-Aided Mortgage (as defined in Section
11(c) of the Act) or loan or grant made or to be made by the Authority to the Sponsor for
the construction and/or permanent financing of the housing project, and secured by a
mortgage on the housing project.
1.7 “Sponsor” means General Capital Development, LLC and any entity that
receives or assumes a Mortgage Loan.
1.8 “Utilities” means charges for gas, electric, water, sanitary sewer and other
utilities furnished to the occupants that are paid by the housing project.
2. Grant of Exemption. As contemplated and pursuant to Act 346 of the Public Acts
of 1966, as amended, the State Housing Development Authority (the “Act”), the City hereby grants
an exemption from all ad valorem property taxes attributable to the buildings which consist of
rental units offered to eligible Low Income Persons and Families as defined by the Authority.
3. Term of Exemption. This exemption shall continue for the period of time the
housing units remain subject to income and rent restrictions pursuant to Section 42 of Internal
Revenue Service Codes of 1986, as amended (IRS Codes), or the Authority Regulatory Agreement
not to exceed 25 years. The City agrees to be contractually bound by this Agreement to honor the
exemption status of the proposed project as provided herein and in this Agreement for the entire
period during which the Project is financed by the Authority or receives low income housing tax
credits under Section 42 of the IRS Codes, provided that the said Mortgage Loan or a loan
originally financed by the low income housing tax credits continues outstanding as more
particularly set forth in Section 82-50(3)of the Ordinance, not to exceed 25 years.
4. Responsibilities of the Developer. The Developer agrees to perform the following:
4.1 The Developer shall pay the service charge and payment in lieu of all ad
valorem taxes on or before July 1, of each year during the time the exemption is in effect.
The service charge shall equal two percent (2%) of the rents charged for the total of all
units in the exempt housing project, whether the units are occupied or not and whether or
not the rents are paid.
4.2 The Developer agrees to file all information required by the Ordinance and
further to meet its obligations to the Authority in connection with the Authority’s
administration of the low income housing tax credit program.
4.3 In lieu of the requirement to submit a statement of annual shelter rents
and/or contract rents within 30 days after December 31, as required by the Ordinance,
Developer shall submit an annual audit by April 1st. If not timely filed, and 30 days after
notice to Developer of said delinquency, a penalty of 1.25% of the service charge shall be
imposed. This penalty shall be collectible in the same manner provided in Section 82-54
of the Ordinance.
5. Interpretation of Financing. The City agrees that the use of low income housing
tax credits constitutes financing of the loan by the Authority in fulfillment of the requirements of
Section 82-50(3) of the Ordinance.
6. Contractual Effect of Ordinance. Notwithstanding the provisions of section
15(a)(5) of the Act to the contrary, a contract between the City and the Sponsor with the Authority
as third party beneficiary under the contract, to provide tax exemption and accept payments in lieu
of taxes, as previously described, is effectuated by enactment of this Ordinance
7. Payment of Service Charge. The annual service charge in lieu of taxes as
determined under this Ordinance shall be payable in the same manner as general property taxes
are payable to the City and distributed to the several units levying the general property tax in the
same proportion as prevailed with the general property tax in the previous calendar year. The
annual payment for each operating year shall be paid on or before April 1st of the following year.
Collection procedures shall be in accordance with the provisions of the General Property Tax Act
(1893 PA 206, as amended; MCL 211.1, et seq).
8. Limitation on the Payment of Annual Service Charge. Notwithstanding Section 3,
the service charge to be paid each year in lieu of taxes for the part of the housing project that is tax
exempt but which is occupied by other than Low Income Persons or Families shall be equal to the
full amount of the taxes which would be paid on that portion of the housing project if the housing
project were not tax exempt.
9. Counterparts. This Agreement may be executed in several counterparts and an
executed copy hereof may be relied upon as an original.
10. Binding and Benefit. This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, administrators, personal representatives, successors
and assigns.
11. Effective Date. The effective date of this Agreement is the date that Developer or
its assignee completes the rehabilitation and receives a temporary or permanent certificate of
occupancy from the City for the Property.
12. Severability. The various sections and provisions of this Agreement shall be
deemed to be severable, and should any section or provision of this Agreement be declared by any
court of competent jurisdiction to be unconstitutional or invalid the same shall not affect the
validity of this Agreement as a whole or any section or provision of this Agreement, other than the
section or provision so declared to be unconstitutional or invalid.
13. Inconsistent Ordinances. All ordinances or parts of ordinances inconsistent or in
conflict with the provisions of this Agreement are of no effect to the extent of such inconsistency
or conflict.
14. Choice of Law; Venue. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with the laws of the State of Michigan.
The parties agree that for purposes of any dispute in connection with this Agreement, the
Muskegon County Circuit Court shall have exclusive personal and subject matter jurisdiction and
venue.
IN WITNESS WHEREOF, the parties have signed this Agreement on the following page,
on the dates indicated.
City of Muskegon
Dated: ___________________, 2020 By: _________________________
Stephen J. Gawron, Mayor
Dated: ___________________, 2020 By: _________________________
Ann Meisch, Clerk
GENCAP VILLAGE AT
JACKSON HILL LIMITED
DIVIDEND HOUSING
ASSOCIATION, LLC
By: GenCap Village at Jackson Hill
MM, LLC, a Wisconsin limited
liability company, its Sole Member
Dated: ___________________, 2020 By: General Capital Management,
Inc, a Wisconsin corporation, its
Manager
By: _________________________
David Weiss, CEO
ENCROACHMENT EASEMENT
THIS ENCROACHMENT EASEMENT (the "Agreement") is entered into
this _______ day of ______________, 2020, by and between GenCap Village at
Jackson Hill Limited Dividend Housing Association, LLC, a Michigan limited
liability company ("Owner") and the City of Muskegon ("City").
RECITALS
A. Owner is the owner of certain real property in the City of Muskegon,
Michigan more particularly described on Exhibit A attached hereto and made a part
hereof (the "Property").
B. A portion of an existing building (the “Building”) on the Property
encroaches on the public right of way (the “Right of Way”) as depicted in the
attached Exhibit B. The encroachment is located over the northern boundary of that
portion of the Property south of Sumner Avenue consisting of vacated McLaren
Street.
C. The City desires to grant Owner an easement to allow the Building to
encroach on the Right of Way.
D. Owner and City desire to set forth their respective rights and
obligations regarding the easement pursuant to the terms of this Agreement.
AGREEMENTS
In consideration of the Recitals and mutual agreements which follow, Owner
and City agree as follows:
44573056
1. Grant of Easement. Pursuant to the terms and conditions contained in
this Agreement, City hereby grants to Owner an encroachment easement (the
"Encroachment Easement") for the benefit of the Property to permit the
encroachment of the Building into the Right of Way. The Encroachment Easement
shall be located upon that portion of the Right of Way that the Building currently
encroaches on, as shown on Exhibit B (the "Easement Parcel"). The Encroachment
Easement shall remain in effect so long as the Building stands.
2. Maintenance. Owner shall be solely responsible for the repair and
maintenance of the Building.
3. Default. In the event that either party shall default in the performance
of any of its obligations under the terms of this Agreement, the non-defaulting party
shall forward written notice to the defaulting party outlining such default. The
defaulting party shall cure such default within thirty (30) days after the giving of
such notice, except that the cure period shall be extended for a reasonable time to
cure any default that cannot reasonably be cured within the 30-day period, provided
the defaulting party has commenced to cure within the 30-day period and diligently
pursues a cure at all times thereafter until the default is cured. If the defaulting party
shall fail or refuse to cure such default within the applicable cure period, the non-
defaulting party may attempt to cure the default and shall be reimbursed by the
defaulting party for all reasonable, actual costs incurred in so doing, and the non-
defaulting party can take any action allowed by law or equity to enforce its rights,
including, without limitation, obtaining injunctive relief, which the parties recognize
is an appropriate remedy since monetary damages may not be sufficient. However,
in no case shall any party have the unilateral right to terminate, cancel or otherwise
render null and void any portion of this Agreement. The defaulting party agrees to
pay all reasonable, actual attorneys fees and costs incurred by the non-defaulting
party upon default by the defaulting party, regardless of whether litigation is actually
commenced.
4. Indemnification. Owner, agrees to indemnify and defend the City and
its officers, agents, and employees from all liability, suits, actions, claims, costs,
damages, and expenses of every kind and description, including court costs and legal
fees, for claims of any character, including liability and expenses in connection with
the loss of life, personal injury, or damage to property, brought because of any
injuries or damages received or sustained by any person, persons, or property on
account of or arising out of the use of the Easement Parcel by the Owner or its
agents, contractors, subcontractors, invitees, or employees.
5. Benefits and Burdens. The easements granted hereunder shall run
with the land and shall be appurtenant to, benefit and be binding upon the owners of
the Property and the Right of Way.
6. Severability. Invalidation of any one of the terms hereof by judgment
or court order shall in no way affect any other provisions, which other provisions
shall remain in full force and effect.
7. Governing Law. This agreement shall be construed and enforced in
accordance with the internal laws of the State of Michigan.
[signatures on the following page]
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
GENCAP VILLAGE AT JACKSON HILL LIMITED
DIVIDEND HOUSING ASSOCIATION, LLC
BY_________________________________________
ITS______________________________________
STATE OF WISCONSIN )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of
__________, 2020, by _____________, the __________________________________
of GenCap Village at Jackson Hill Limited Dividend Housing Association, LLC, A
Michigan limited liability company, on behalf of said limited liabilioty company.
Name:
Notary Public, State of ______________
My Commission:
CITY OF MUSKEGON
BY
ITS____________________________________
STATE OF MICHIGAN )
) ss.
MUSKEGON COUNTY )
The foregoing instrument was acknowledged before me this ____ day of
__________, 2020, by ________________, the ____________ of the City of
Muskegon, on behalf of the City.
Name:
Notary Public, State of _____________
My Commission:
This instrument drafted by and after recording return to:
Frank Pitsoulakis
Reinhart Boerner Van Deuren s.c.
1000 North Water Street, Suite 1700
Milwaukee, WI 53202
EXHIBIT A
Legal Description of the Property
Land in the City of Muskegon, Muskegon County, MI, described as follows:
The South 44 feet of Lot 7, all of Lots 8 and 9 and that part of Lot 10 lying West of
McLaren Street, all in Block 20; also Lot 2 except the Northerly 66 feet and Lot 3 of Block
21; also the South 108.35 feet of Lot 9, Block 19; also Lot 12 except the North 99 feet of
the East 132 feet of the said Lot 12, Block 19; also that part of Lot 10, Block 20, lying East
of McLaren Street, including that portion of vacated McLaren Street adjacent to Lot 10,
Block 20, all in the Revised Plat of 1903 of the City of Muskegon, according to the plat
thereof as recorded in Liber 3 of Plats, 71, Muskegon County Records.
44573056
EXHIBIT B
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 1/12/2021 Title: Paid Parking Policy
Submitted By: LeighAnn Mikesell Department: Development Services
Brief Summary:
Staff are seeking approval of a policy to formalize paid parking within the city.
Detailed Summary:
At the request of the City Manager, the Parking Committee has developed a Paid Parking Policy
based on a review of the implementation, operation, and enforcement of the first summer of paid
parking at our beaches. This policy addresses paid parking at the city owned beaches and
launches and standardizes practices for selling and distributing passes, communicating with the
public, and enforcement. The committee includes representatives from Public Safety, Public
Works, Finance, and Development Services.
Amount Requested: None Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the Paid Parking Policy.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
PAID PARKING POLICY
JANUARY 2021
OVERVIEW:
The City of Muskegon instituted paid parking at all beaches in the summer of 2020 with the goal
to offset intense maintenance costs at these extremely popular parks. Among the parks,
maintenance includes beach and sand grading, pavement repair, trash clean up and removal,
public restroom facilities, playgrounds, boardwalk repair, patrol, equipment costs, snow removal,
and administration. Due to the popularity of the beaches, a large percentage of the overall Parks
Department budget was spent on just five of the city’s 34 parks. Over the years, other city parks
have suffered because funding was inadequate to cover the maintenance, operational, and
capital needs.
The kiosks used to collect payment at the beaches were also installed at the city’s boat launches
to provide a more convenient and accurate process for collecting fees. While the boating season
is typically April through November, and the enforcement of payment at the city’s launches
matches that season, several launch sites and Harbour Towne beach are used heavily by ice
fishers.
The City of Muskegon maintains this policy with the objectives of:
• increasing revenue for parks and launches,
• providing for improved amenities at parks and launches citywide,
• encouraging healthy outdoor activities,
• enhancing the city’s image
• enhancing our ability to attract visitors, residents and businesses to our community
BEACH PARKING PASSES AND LAUNCH PERMITS:
General
All resident and seasonal beach parking passes and seasonal launch permits will be
stickers which must be affixed to the vehicle’s windshield.
Beach parking passes can be purchased in person at Treasury, Police Records, and Public
Works or by calling Treasury.
Launch permits can be purchased in person at Treasury and Public Works or by calling
Public Works.
Kiosk receipts can be traded for stickers at Treasury, Police Records, Public Works and
participating vendors.
Residents
If requested between February 1 and April 30, two beach parking passes will be allowed
per address.
Requests received after April 30 will result in one beach parking pass per address.
Residency is proven by property tax database.
Non-residents
Daily and seasonal rates will be set in the fee schedule.
Discounted seasonal beach parking passes will be offered to neighboring communities
who agree to purchase a minimum of 100 passes and share the cost of the discount.
Muskegon will discount the beach parking pass price by 12.5% if the neighboring
community further reduces the cost to their residents by another 12.5% resulting in a
25% discount for the neighbor.
ENFORCEMENT:
The city’s goal is to reach compliance with the policy and ordinance. To that end, the following
steps will be taken.
Beaches (except for Harbour Towne Beach)
• Kiosks will operate 24 hours per day.
• Paid parking will be enforced from 9:00 am to 9:00 pm.
• Signage will indicate payment is required only between the hours of 9:00 am and 9:00
pm and will indicate the daily and seasonal rates.
• Enforcement dates are May 15 to September 15.
Launches
• Kiosks will operate 24 hours per day.
• Paid parking will be enforced 24 hours per day.
• Signage will indicate the daily and seasonal rates.
• Enforcement dates are 365 days per year.
• Launch permits are valid until April 30 of the year following the calendar year on the
permit.
• Launch permits are needed for any vehicle launching a watercraft and serve as parking
passes for any vehicle at a launch.
• Beach parking permits can be used between December 15 and April 30 for parking only.
• Seasonal beach parking passes are valid until April 30 of the year following the calendar
year on the pass.
Harbour Towne Beach
• Kiosks will operate 24 hours per day.
• Paid parking will be enforced from 9:00 am to 9:00 pm.
• Signage will indicate payment is required only between the hours of 9:00 am and 9:00
pm and will indicate the daily and seasonal rates.
• Enforcement dates are 365 days per year.
• Seasonal beach parking passes are valid until April 30 of the year following the calendar
year on the pass.
• Launch permits can be used for vehicles parking between December 15 and April 30.
COMMUNICATION:
To ensure the public understands this policy, city staff will undertake the following
communication measures.
• Develop a flyer for posting at local establishments
• Post on social media pages multiple times prior to and throughout the summer season
• Include flyers in water bills for resident communication
• Develop press release for Mlive
• Request story on WZZM
• Add signage at entrances to beaches and launches
• Include instructions with stickers
• Post messages on NIXLE
• Provide educational warnings to violators at the start of each beach and boating season
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 1/12/2021 Title: Changes to the Fee Schedule for Paid
Parking at Beaches
Submitted By: LeighAnn Mikesell Department: Development Services
Brief Summary:
Staff are seeking approval of a change to the fees for parking at city beaches.
Detailed Summary:
Daily rate Monday through Thursday - $7
Daily rate Friday through Sunday - $10
Amount Requested: None Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the daily rates for paid parking at city owned beaches.
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: January 12, 2021 Title: Sale – 352 Mason Ave
Submitted By: Frank Peterson Department: City Manager
Brief Summary: City staff is seeking authorization to sell the city-owned home at 352 Mason to Ian
McDowell.
Detailed Summary: The city constructed this house as part of the phase two of our infill housing program.
Our contract to construct the home was $197,464. We also anticipated $11,844 in sales commissions. The
accepted purchase price is $189,900, and the incurred sales commissions are $11,394. The City will not
contribute funds toward closing costs.
Amount Requested: None at this time Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize the City Manager to complete the sale of 352 Mason Ave, as described
in the purchase 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:
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WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
#
DATE: 01/08/2021 , 11:30am (time) MLS # 20048082
SELLING OFFICE: ART Realty BROKER LIC.#: 6505353749 REALTOR® PHONE: 616-294-2354
LISTING OFFICE: West Urban Realty LLC REALTOR® PHONE: 616-874-7085
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: Lisa Wiersma Email: lisa@artrealty.com Lic.#: 6506047678
Alternate Selling Agent Name: Ryan Dawson Email: ryan@artrealty.com Lic.#:
3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
Buyer has received the Seller’s Disclosure Statement, dated 11/13/2020 . 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)
352 Mason Aveenue Muskegon 49441
with the following legal description and tax parcel ID numbers:
24 SUBD:CITY OF MUSKEGON REVISED PLAT (OF 1903) SEC/TWN/RNG/MER:SEC 05 TWN 9N RNG 17W CITY OF MUSKEGON REVISED PLAT OF
1903 LOT 8 BLK 389
PP# 61-24-205-389-0008-00 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) division(s) under Section 108(2), (3), and
(4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays
with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the
number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale
will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or
before , of the proposed division to create the Premises.
6. Purchase Price: Buyer offers to buy the Property for the sum of $ 189900
one hundred eighty-nine thousand nine hundred 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 30 (year) mortgage in the amount of 90 % of the Purchase Price
bearing interest at a rate not to exceed best % 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 5 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 $ 0.00 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; Oven; Range; Refrigerator
but does not include:
352 Mason ave, Muskegon, MI 49441 01/08/2021
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations IM FP
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11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
expended through normal use. Exceptions:
12. Assessments (choose one):
If the Property is subject to any assessments,
Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
of any installment arrangements), except for any fees that are required to connect to public utilities.
Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
and pay all other installments of such assessments.
13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all
taxes billed after those addressed below.
Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
property is transferred.
No proration. (Choose one):
Buyer Seller will pay taxes billed summer (year);
Buyer Seller will pay taxes billed winter (year);
Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
and prorated to the date of closing with Seller paying for January 1 through the day before closing.
Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears.
Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:
City of Muskegon program- $0 property tax for entire year of 2021
14. Well/Septic: Within ten (10) days after the Effective Date, Seller will arrange for, at Seller’s expense, an inspection of the primary well
used for human consumption (including a water quality test for coliform bacteria and nitrates) and septic systems in use on the
Property. The inspection will be performed by a qualified inspector in a manner that meets county (or other local governmental
authority, if applicable) protocol. Seller will also follow any governmental rules regarding pumping of tanks.
Where no county or government protocol is in place, Seller will arrange for, at Seller’s expense, well and septic inspections (as
referenced above) by a qualified inspector and Seller will have the septic tank(s) pumped at Seller’s expense.
If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may,
within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a
refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails
to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-
is. Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable
resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of
termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract,
Buyer will proceed to closing according to the terms and conditions of this Agreement. Exceptions:
15. Inspections & Investigations:
Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at
Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be
Buyer’s responsibility and expense. In the event of VA financing, Seller will pay for the inspection for termites and other wood
destroying insects.
Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances
and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the
Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone.
All inspections and investigations will be completed within ten (10) days after the Effective Date. If the results of Buyer’s inspections
and investigations are not acceptable to Buyer, Buyer may, within the above referenced period, by written notice to Seller, either
terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
352 Mason ave, Muskegon, MI 49441 01/08/2021
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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:
19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide
additional protection and benefit to the parties. Exceptions:
20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien
assumed by Buyer; will all be adjusted to the date of closing.
21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than
02/12/2021 . 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 9:00pm (time) on
01/08/2021 (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 $ 1000.00
shall be submitted to Transnation Title (insert name of broker, title
company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest
Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this
Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller
waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other
than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement
and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding
the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If
Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed
to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be
negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller.
In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as
determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation,
and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action
instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement
conflict with this paragraph, then the terms and conditions of the escrow agreement shall control.
24. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional
advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the
legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to
Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the
sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement
made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale
transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement
separately signed by Seller.
25. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect
to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing
Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business.
26. Other Provisions:
27. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no
oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed
by Buyer and Seller and attached to this Agreement.
28. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any
amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence
of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal
equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s)
required or permitted under this Agreement may also be transmitted by facsimile or other electronic means.
29. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic
communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’
license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
to steal funds or use your identity.
352 Mason ave, Muskegon, MI 49441 01/08/2021
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations IM FP
Revision Date 2/2020 01/08/21 Buyer’s Initials 01/08/21 Seller’s Initials
10:00 AM HST 6:45 PM EST
dotloop verified dotloop verified
dotloop signature verification: dtlp.us/h8NY-0f8u-Ks1o
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
Ian McDowell 01/08/21 10:00 AM
Buyer 1 Address X HST Buyer
Buyer 1 Phone: (Res.) (Bus.) Ian McDowell
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:
Accepted as written
Counteroffer, if any, expires , at (time). Seller has the right to withdraw this
counter offer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance.
32. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as
disclosed in the Seller’s Disclosure Statement dated (check one): Yes No. Seller agrees to inform Buyer
in writing of any changes in the content of the disclosure statement prior to closing.
33. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not
relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by
the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form
is available from the respective agents via the West Michigan REALTOR® Boards.
34. Listing Office Address: Listing Broker License #
Listing Agent Name: Mariana Murillo VanDam/Brent Cox Listing Agent License #
35. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s
response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required
below. dotloop verified
X (Seller’s Signature, Date, Time): Frank Peterson 01/08/21 6:45 PM EST
IXVD-61DG-ZNUB-NGEV
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: 352 Mason ave, 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.
X (Buyer’s Signature, Date, Time):
X (Buyer’s Signature, Date, Time):
37. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer.
X (Seller’s Signature, Date, Time):
X (Seller’s Signature, Date, Time):
352 Mason ave, Muskegon, MI 49441 01/08/2021
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations IM FP
Revision Date 2/2020 01/08/21 Buyer’s Initials 01/08/21 Seller’s Initials
10:00 AM HST 6:45 PM EST
dotloop verified dotloop verified
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 1/12/2021 Title: Lakeside BID Special Assessment Roll
Public Hearing and Resolution
Submitted By: Jake Eckholm Department: Economic Development
Brief Summary: The Lakeside BID Board has voted to petition the City Commission to establish a
Special Assessment District inclusive of all commercial parcels in the BID in order to raise funds
for public maintenance and improvements. Tonight a duly posted and noticed public hearing will
take place to hear comment on the Special Assessment Tax Roll.
Detailed Summary:
The Lakeside Business Improvement District Board has recommended a special assessment
amount to fund BID improvements in the Lakeside Corridor for a period of 3 years, with potential to
renew the assessment at the end of the term depending on the amount of TIF capture by their
desired Corridor Improvement Authority. The attachments to this cover sheet reflect the costs per
square foot of every address in the bid, as well as a map outlining the BID district approved by the
Commission last year. Also attached is the resolution certifying the assessment and adding it to
the roll. The total anticipated capture of this assessment is $24,011.03, which will be used by the
BID Board to provide for winter maintenance of sidewalks, plowing, landscaping maintenance, and
marketing materials for the district. A separate assessment bill will be sent to all affected properties
this year, and in subsequent years this assessment will be included on winter tax bills.
Amount Requested: $0 Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: A motion to approve the Resolution adding the Lakeside BID Special
Assessment to the tax rolls for a period of three years as presented.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
Resolution No. ________
Resolution Confirming Special Assessment Roll
For LAKESIDE BUSINESS IMPROVEMENT DISTRICT (BID)
Properties Assessed: See Exhibit A attached to this resolution
RECITALS:
1. The City Commission determined to create a special assessment district covering the
properties set forth in Exhibit A attached to this resolution on October 27th, 2020, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district levying on “Class A” Properties, as defined in the BID
Bylaws, shall be assessed an annual assessment of $0.05/sf with no assessment to exceed
$2,000 and “Class B” Properties, as defined in the BID Bylaws, shall be assessed an
annual assessment of $0.025/sf with no assessment to exceed $1,000.
3. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied will be placed on the Winter 2021, 2022 and 2023 tax bills.
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is
the date of confirmation.
This resolution adopted.
Ayes:
Nays:
CITY OF MUSKEGON
By _________________________________
Ann Marie Meisch, Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on___________.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public acts of 1976.
Further I hereby certify that the special assessment roll referred to in the above resolution
was confirmed on the date being ______________.
CITY OF MUSKEGON
By _________________________________
Ann Marie Meisch, Clerk
Exhibit A
Properties Assessed
Proposed …. DRAFT
Business/Owner Address Parcel # Acreage (sq. ft) Assessment
Wasserman's Flowers and Gifts 1595 61-24-205-529-0004-00 8402.724 $ 420.14
T4 Group 1700 61-24-205-609-0002-00 32500.116 $ 1,625.01
Garrett Law Offices 1732 61-24-205-609-0007-00 9239.076 $ 461.95
RCP Marketing 1756/1786 61-24-205-609-0010-00/61-24-205-609-0013-00 29233.116 $ 1,461.66
Richard A Ghezzi Estate 1812 61-24-205-596-0001-00 18251.64 $ 912.58
Frontier 1831 61-24-205-624-0001-00 12867.624 $ 321.69
Pastoor James R JR Trust 1836 61-24-205-596-0002-00 8089.092 $ 404.45
VF Ventures LLC 1845 61-24-205-624-0003-00 22111.056 $ 1,105.55
Patricia Roy, DO 1864 61-24-205-596-0002-10 12780.504 $ 639.03
Paul R Korndorfer 1883 61-24-205-625-0001-00 8311.248 $ 415.56
Paul R Korndorfer 1891 61-24-205-625-0002-00 7853.868 $ 392.69
SHM Great Lakes 1920 61-24-205-596-0008-00 1213002.252 $ 2,000.00
The Only Cannoli/ Lake Effect Sport/ 1927 61-24-205-627-0001-00 10227.888 $ 511.39
Lakeside Emporium 1930 61-24-205-596-0004-00 15555.276 $ 777.76
Richard P Ghezzi 1937 61-24-205-627-0002-00 9265.212 $ 463.26
Lauren Taylor Eyeware 1945 61-24-205-627-0003-00 5275.116 $ 263.76
1950 Lakeshore Drve LLC 1950 61-24-205-596-0004-20 12026.916 $ 601.35
Level 6 1953 61-24-205-627-0004-00 8280.756 $ 414.04
Lakeside Landing/ Lakeshore Tavern/The Table 1965 61-24-205-627-0005-00 8502.912 $ 425.15
Marine Tap Room 1983 61-24-205-635-0001-00 8154.432 $ 407.72
BTBG Investments LLC 1991 61-24-205-635-0002-00 46121.328 $ 2,000.00
Zaloma's Pizza/Anchor Property Management 2009 61-24-205-635-0006-00 6037.416 $ 301.87
Ghezzi's Market 2017 61-24-205-635-0007-00 8076.024 $ 403.80
Gawkowski Properties Lakeshore LLC 2020 61-24-205-596-0007-00 5654.088 $ 282.70
Apple Knits and Purls 2033 61-24-205-636-0001-00 7531.524 $ 376.58
Complete Automotive Servies 2034 61-24-205-597-0001-00 9487.368 $ 237.18
Auto Body Clinic 2054 61-24-205-597-0004-00 7614.288 $ 190.36
Cannon Service Center/ Shoreline Service Bait 2080 61-24-205-597-0005-00 15071.76 $ 376.79
Lakeshore Federal Credit Union 2182 61-24-205-597-0017-00 32569.812 $ 1,628.49
Daniel C. Swarwar D.D.S P.C 2187 61-24-205-641-0005-00 10807.236 $ 540.36
Lakeshore Environmental Inc. 2341 61-24-205-664-0011-00 7923.564 $ 396.18
Lotta Lakeshore 2445 61-24-205-677-0005-00 9474.3 $ 473.72
Waters Edge Fitness 2465 61-24-205-678-0001-02 16552.8 $ 827.64
Frosty Cove 2565 61-24-205-693-0001-01 39012.336 $ 1,950.62
TOTAL 1681864.668 $ 24,011.03
Lakeside BID assessment rates
Total # of Parcels 84
Commercial 32 5 cents a square foot/capped at $2,000
Automotive and Utility 4 2.5 cents a square foot/capped at $1,000
Nonprofit 2 no assessment
Governmental 8 no assessment
Residential 38 no assessment
Proposed Lakeside BID budget
Snow removal $12,000
Landscaping $4,500
Promotions/marketing $4,000
Administration $3,750
Contingency $683
Total $24,933.00
From: Deb Workman
To: Jake Eckholm
Subject: Lakeside BID
Date: Tuesday, December 15, 2020 4:37:12 PM
Hello Jake,
I am writing today to oppose Lakeshore Federal Credit Union, FKA Central Paper Employees FCU,
being included in the Lakeside BID program. I understand the BID, and our previous CEO was on the
BID committee that is trying to bring the BID program to Lakeside. However, I believe the BID should
end at the business district which has always been considered McCracken. None of the business
west of McCracken are the type of businesses that would benefit directly from the BID in my opinion
other than having our sidewalks plowed in the winter. Our board of directors agree that $1882.21 is
a hefty bill for sidewalk plowing. I do not see the mill property being developed in the next 3 years
to warrant the few businesses west of McCracken as an actually business district. I have been told it
is a done deal but still wanted to make my opinion as the CEO of the credit union known.
We have been Lakeshore Federal Credit Union since 1998, I will have to figure out getting our name
changed I guess with the tax/zoning/tax department. Thank you for listening to me and we of
course will abide by what is ultimately decided. Our Parcel Number is 61-24-205-597-0017-00
Sincerely,
Deb
Debra L Workman
Chief Executive Officer
Lakeshore Federal Credit Union
Email: manager@lakeshorefcu.com
Website: www.lakeshorefcu.com
Phone: 231-755-1202
Fax: 231-755-0539
NMLS #810943
2182 Lakeshore Drive
Muskegon, MI 49441-1414
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From: SHEILA THORSEN
To: Jake Eckholm
Subject: LAKESIDE BUSINESS IMPROVEMENT DISTRICT
Date: Sunday, December 20, 2020 12:36:15 PM
I am Sheila Thorsen and own properties 1748 and 1945 Lakeshore Drive. I hereby
are notifying you that I object to the assessed amount against my property at 1945
Lakeshore Drive. The city has been given ample opportunities to collect money from
property owners astronomical times therefore the city should bear these costs.
Timing under covid restrictions is not a smart economical opportunity when people
are already struggling financially.
Sheila Thorsen
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From: Ed Bodman
To: Jake Eckholm
Subject: Lakeside Improvement
Date: Wednesday, December 23, 2020 12:28:02 AM
Hi Jake,
I own properties at 1910 Lakeshore Dr., and 2205 Lakeshore Dr. I'm in favor of the Lakeside Business District Special
Assessment plan. Thanks for all you and the city are doing
Nils Bodman
517.930.1525
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From: Tammy Rasey
To: Jake Eckholm
Subject: Re:
Date: Sunday, December 13, 2020 9:36:59 AM
Jake,
John and I have already notified you by email about our answer to the lakeside business
improvement district. The answer then was "no". If you are required to send the second and
final notice out to the neighborhood, then this is our answer this time. No. We will not be
able to attend the virtual live meeting on January 12th. Even though your letter states our
assessment will be "0", we do not have much faith in the voting system.
John and Tammy Rasey
2125 Lakeshore drive
Muskegon MI 49441
From: Tammy Rasey
Sent: Saturday, October 10, 2020 1:48 PM
To: Jake.Eckholm@shorelinecity.com
Subject:
Tammy and John Rasey
2125 Lakeshore drive
Received your letters. Funds are tight for everyone during this epidemic. We say no, and no to
the LAKESIDE CORRIDOR IMPROVEMENT AUTHORITY. We say no and no to the LAKESIDE
BUSINESS IMPROVEMENT DISTRICT. My husband is on a fixed income (social security), and my
place of employment has just been dissolved.
Would like some kind of confirmation that you received our answer. We will not be able to
attend the online meeting.
Thank you for your time
Tammy and John Rasey
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 12, 2021 Title: Amendment to the Marihuana
Facilities Overlay District – 965 W Western
Ave, 920 Washington Ave and 1330 Division
St
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to amend Section 2331 of the zoning ordinance to expand the marihuana
facilities overlay district to allow for Growing, Processing and Provisioning/Retail license types at 965 W
Western Ave, 920 Washington Ave and 1330 Division St by P & G Holdings, LLC.
Detailed Summary: After discussing at the Planning Commission meeting, the applicant agreed
that they did not need to include 1330 Division St as part of the request.
A motion that that request to amend Section 2331 of the zoning ordinance to expand the
marihuana facilities overlay district to allow for Growing, Processing and Provisioning/Retail license
types at 965 W Western Ave and 920 Washington Ave be recommended to the City Commission
for approval. The motion was amended to include a recommendation that the approval be
reviewed in 24 months to allow staff or the Planning Commission to consider revocation of the
zoning approval if the condo development had not proceeded as stated. The motion was
approved by a 6-3 vote.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to amend Section 2331 of the zoning ordinance to
expand the marihuana facilities overlay district to allow for Growing, Processing and
Provisioning/Retail license types at 965 W Western Ave and 920 Washington Ave by P & G
Holdings, LLC.
Planning Commission Excerpt
Case 2020-20: Request to amend Section 2331 of the zoning ordinance to expand the marihuana facilities overlay
district to allow for MMFLA and MRMTA Growing, Processing and Provisioning/Retail license types at 965 W Western
Ave, 920 Washington Ave and 1330 Division St by P & G Holdings, LLC.
SUMMARY
1. This case was tabled in November. The public hearing was closed.
2. The property at 920 Washington Ave was recently approved as part of the marihuana facilities overlay district
for retail/provisioning license types.
3. The property owner would now like to expand the types of marihuana licenses allowed on site, which also
includes 965 W Western Ave and 1330 Division St.
4. This request would allow all growing licenses types, processing licenses and provisioning/retail licenses at 965
W Western, 920 Washington Ave and 1330 Division St.
Zoning Map
Aerial Map
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 2331 of the zoning ordinance to expand the marihuana facilities overlay district
to allow for Growing, Processing and Provisioning/Retail license types at 965 W Western Ave and 920
Washington Ave.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
965 W Western Ave and 920 Washington Ave will be added to the Marihuana Facilities Overlay District as a
location allowed for Growing, Processing and Provisioning/Retail license types.
CITY OF MUSKEGON REVISED PLAT 1903 BLK 468 AND PT OF BLK 467 VAC ALLEY IN BLK 468 PART OF
FORMER C & O RAILROAD R/W IN BLK 467 & 468 AND VAC HUDSON ST BET BLK 467 AND 468 AND ALL
BEING DESC AS BEG AT THE SW COR OF SAID BLK 468 TH N 00D 19M 25S W 351.64 FT ALG E R/W LN
OF FRANKLIN ST TH N 89D 58M 00S E 278.5 FT ALG THE S R/W LN OF WESTERN AVE TH S 82D 42M 42S
E 284.66 FT ALG SD R/W LN TH S 07D 28M 33S W 75.55 FT ALG THE WLY LN & EXTENSION TH'OF OF A 5
STORY BRICK BLDG TH S 82D 30M 04S E 112.12 FT ALG SD BLDG LN & THE EXTENSION TH'OF TH S
09D 23M 07S W 9.68 FT ALG SD BLDG LN TH S 83D 24M 04S E 13.72 FT ALG SD BLDG LN TH N 00D 30M
04S E 8.71 FT TH S 00D 30M 20S W 24.63 FT TH S 88D 25M 41S E 8.72 FTALG SD BLDG LN TH S 01D 34M
19S W 0.30 FT ALG SD BLDG LN TH S 88D 25M 41S E 0.40 FT ALG SD BLDG LN TH S 00D 42M 58S W
29.45 FT ALG SD BLDG LN TH N 88D 25M 41S W 8.43 FT ALG SD BLDG LN TH S 00D 42M 58S W 57.92 FT
ALG SD BLDG LN TH S 88D 38M 32S E 12.93 FT ALG SD BLDG LN TH S 02D 11M 01S W 21.28 FT ALG SD
BLDG LN TH N 87D 48M 59S W 28.01 FT ALG SD BLDG LN TH S 02D 23M 08S W 85.09 FT ALG E SIDE OF
A 4 IN WALL TH N 87D 51M 37S W 111.67 FT ALG SLY SIDE OF SD 5 STY B
CITY OF MUSKEGON REVISED PLAT 1903 PT OF BLKS 467 AND 468 AND ENTIRE BLK 474 TOGETHER
WITH PT OF THE C & O RR R/W IN SD BLK 467 VAC MICHIGAN AVE BET SD BLKS 467 & 474 THE 2 VAC
ALLEYS IN SD BLK 474 DESC AS BEG ON THE N R/W LN OF MICHIGAN AVE AT A POINT BEING N 89D
48M 11S E 549.04 FT FROM THE SW COR OF SD BLK 468 TH N 02D 11M 01S E 7.87 FT TH S 87D 51M 37S
E 111.67 FT ALG SLY LN OF A 5 STY BLDG TH N 02D 23M 08S E 85.09 FT ALG E SIDE OF A 4 IN WALL TH
S 87D 48M 59S E 28.01 FT ALG NLY LN OF SD 5 STY BLDG TH N 02D 11M 01S E 21.28 FT ALG SD BLDG
TH N 88D 38M 32S W 12.93 FT ALG SD BLDG LN TH N 00D 42M 58S E 57.92 FT ALG SD BLDG LN TH S88D
25M 41S E 8.43 FT ALG SD BLDG LN TH N 88D 25M 41S W 0.40 FT ALG SD BLDG LN TH N 01D 34M 19S E
0.30 FT ALG SD BLDG LN TH N 88D 25M 41S W 8.72 FT ALG SD BLDG LN TH N 00D 30M 20S E 24.63 FT
TH N 82D 30M 04S W 8.71 FT TH S 00D 30M 20S W 9.53 FT TH N 83D 24M 04S W 13.72 FT ALG SD 5 STY
BLDG LN TH N 09D 23M 07S E 9.68 FT ALG SD 5 STY BLDG LN TH N 82D 30M 04S W 112.12 FT ALG SD
BLDG LN & THE EXTENSION TH'OF TH N 07D 28M 33S E 75.55 FT ALG SD BLDG LN & THE EXTENSION
TH'OF TH S 82D 42M 42S E 474.11 FT ALG THE SLY R/W LN OF WESTERN AVE
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 12th day of January 2021, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2020. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on January 21, 2021, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 2331 of the zoning ordinance to expand the marihuana facilities overlay
district to allow for Growing, Processing and Provisioning/Retail license types at 965 W Western Ave and
920 Washington Ave.
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 ____________________, 2021. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 12, 2021 Title: Amendment to the Marihuana
Facilities Overlay District – 420 S Harvey St
(1)
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to amend Section 2331 of the zoning ordinance to expand the marihuana
facilities overlay district to allow for microbusiness, designated consumption establishment and
event license types at 420 S Harvey St, by Michigan Canna House, LLC.
Detailed Summary: This case was tabled at the October Planning Commission. It was brought
back to the Planning Commission in December. A motion to approve the request failed by a 2-7
vote.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to amend Section 2331 of the zoning ordinance to
expand the marihuana facilities overlay district to allow for microbusiness, designated consumption
establishment use and event license types at 420 S Harvey St, by Michigan Canna House, LLC.
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 the Marihuana Facilities Overlay District to include 420 S Harvey St as a location
allowed for microbusiness, designated consumption establishment and event license types.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
420 S Harvey St will be added to the Marihuana Facilities Overlay District as a location allowed for
microbusiness, designated consumption establishment and event license types.
CITY OF MUSKEGON W 436 FT OF N 436 FT OF SW 1/4 OF NW 1/4 SEC 22 T10N R16W EXC N 33 FT & W
33 FT FOR ROAD (DESCR FOR ASSESSMENTS - DEED CLAIMS ONLY N 400 FT)
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 12th day of January 2021, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2020. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on January 21, 2021, the City Commission of the City of Muskegon adopted an
ordinance to amend the Marihuana Facilities Overlay District to include 420 S Harvey St as a location
allowed for microbusiness, designated consumption establishment and event license types
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 ____________________, 2021. 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 STAFF REPORT
December 10, 2020
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 12, 2021 Title: Amendment to the Marihuana
Facilities Overlay District – 420 S Harvey St
(2)
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to amend Section 2331 of the zoning ordinance to include 420 Harvey St
in the marihuana facilities overlay district and allow class B grower, processor, retailer, designated
consumption establishment and marihuana special events license types, by Michigan
CannaHouse, LLC.
Detailed Summary: While the applicant’s first case was tabled by the Planning Commission, they
decided to apply for another amendment that would allow them additional license types (Class B
Grower, Processor, Retailer) instead of microbusiness.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to amend Section 2331 of the zoning ordinance to
include 420 Harvey St in the marihuana facilities overlay district and allow class B grower,
processor, retailer, designated consumption establishment and marihuana special events license
types, by Michigan CannaHouse, LLC.
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 the Marihuana Facilities Overlay District to include 420 S Harvey St as a location
allowed for class B grower, processor, retailer, designated consumption establishment and marihuana special
events license types.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
420 S Harvey St will be added to the Marihuana Facilities Overlay District as a location allowed for class B
grower, processor, retailer, designated consumption establishment and marihuana special events license types.
CITY OF MUSKEGON W 436 FT OF N 436 FT OF SW 1/4 OF NW 1/4 SEC 22 T10N R16W EXC N 33 FT & W
33 FT FOR ROAD (DESCR FOR ASSESSMENTS - DEED CLAIMS ONLY N 400 FT)
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 12th day of January 2021, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2020. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on January 21, 2021, the City Commission of the City of Muskegon adopted an
ordinance to amend the Marihuana Facilities Overlay District to include 420 S Harvey St as a location
allowed for class B grower, processor, retailer, designated consumption establishment and marihuana
special events license types license types.
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 ____________________, 2021. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 12, 2021 Title: Hartford Terrace Development
Agreement
Submitted By: LeighAnn Mikesell Department: Development Services
Brief Summary: Staff is seeking approval of the development agreement and associated PILOT
and municipal services agreements with the Muskegon Housing Commission.
Detailed Summary: The proposed agreement is based on Low Income Housing Tax Credits being
awarded by the Michigan State Housing Development Authority for work at Hartford Terrace. If the
LIHTC is not awarded by March 31, 2022, the agreement is voided. The proposed PILOT rate is 2% of
contract rents with a municipal services fee of an additional 2% of contract rents. The city can expect
to more than double the annual payment received from this development.
Hartford Terrace serves some of the most vulnerable of our city’s population, including elderly, persons
with disabilities, and those making 30% or less of the area median income. The developer is planning
to invest $18,000,000 into the property including major building systems, elevators, apartment
interiors, common areas, windows, and sitework. Ten of the existing 160 apartments are currently
accessible, and the renovation will add another 6 accessible units.
Amount Requested: None Amount Budgeted: None
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: to approve the development agreement and associated PILOT and
municipal services fee agreements with the Muskegon Housing Commission.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
DRAFT
1/7/21
DEVELOPMENT AGREEMENT
This Agreement between HARTFORD TERRACE LIMITED DIVIDEND
HOUSING ASSOCIATION LIMITED PARTNERSHIP, 1080 Hartford Street, Muskegon,
Michigan, (“Hartford LDHA”), and MUSKEGON HOUSING COMMISION, 1080 Hartford,
Muskegon, Michigan (“MHC”) (Hartford LDHA and MHC are jointly referred to as
“Developer”) and CITY OF MUSKEGON, 933 Terrace Street, Muskegon, Michigan (“City”)
is made pursuant to the following terms:
Background
A. MHC was a department of City. The City owned Hartford Terrace, a housing
development located at 1080 Hartford Street in Muskegon, Michigan for persons with
an annual income of less than 30% of the county’s average medium income at the
time of initial occupancy and are either elderly or have a disability (“Hartford
Terrace”), and a scattered site housing program. MHC operated Hartford Terrace, the
scattered site housing project and Section 8 housing vouchers, which was a program
to pay private landlords to rent properties to eligible individuals at below market rate.
B. With adoption of Public Act 338 of 1996, being MCL Section 125.661a, MHC
became a separate legal entity and real property owned by City and managed by
MHC was transferred to MHC. Contemporaneous with the separation, the City and
MHC entered into an agreement whereby MHC would pay an annual service fee
equal to 10% of “annual shelter rents” to the City, which included rents from both
Hartford Terrace and the scattered sites.
C. All of the above referenced programs are funded, at least in part, by the US
Department of Housing and Urban Development (“HUD”). HUD is proposing to
have the MHC convert Hartford Terrace from a grant funded housing project to a
Section 8 rental subsidy in the form of project based vouchers, through the federal
Rental Assistance Demonstration (“RAD”) process.
D. As part of the current proposed RAD transition, MHC has applied to the Michigan
State Housing Development Authority (“MSHDA”) for federal Low Income Housing
Tax Credits (“LIHTC”). The rehabilitation, through securing and investment in the
LIHTC, will result in approximately an $18 million investment in Hartford Terrace.
E. Contingent upon MSHDA awarding approximately $1,440,000.00 in LIHTC, the
current Muskegon City Code Section 18-83 and agreement to pay an annual service
fee shall be limited to assets held by MHC, but specifically excluding Hartford
Terrace.
F. Contingent upon MSHDA awarding approximately $1,440,000.00 in LIHTC to
Hartford LDHA, a Contract for Housing Exemption Agreement (“PILOT”) and a
Municipal Services Agreement between Hartford LDHA and City shall become
effective.
Now, therefore, for good and valuable consideration, the parties agree as follows:
1. City shall amend Muskegon Code Section 18-83 to exclude Hartford Terrace from the
annual service fee. The Amendment shall become effective only after MSHDA awards
approximately $1,440,000.00 in LIHTC. If such award is not made March 31, 2022, the
ordinance amendment shall be voided nunc pro tunc. A form of the ordinance
amendment is attached as Exhibit 1.
2. City and Developer shall execute a PILOT Agreement, which shall become effective only
after MSHDA awards approximately $1,440,000.00 in LIHTC to Hartford LDHA. If
such award is not made by March 31, 2022, the PILOT Agreement shall be voided. The
PILOT Agreement shall require an annual payment of 2% of “contract rents” less
“utilities”. “Contract rents” and “Utilities” shall be defined as provided in Muskegon
Code Section 82-46 in effect as of January 1, 2021. A form of the PILOT Agreement is
attached as Exhibit 2.
3. City and Developer shall execute a Municipal Services Agreement. The Municipal
Services Agreement shall become effective only after MSHDA awards approximately
$1,440,000.00 in LIHTC to Hartford LDHA. The Municipal Services Agreement shall
require an annual payment of 2% of “contract rents” less “utilities”. “Contract rents” and
“utilities” shall be defined as provided in Muskegon Code Section 82-46 in effect as of
January 1, 2021. A form of the Municipal Services Agreement is attached as Exhibit 3.
4. If MSHDA does not award approximately $1,440,000.00 in LIHTC to Hartford LDHA
by March 31, 2022, this Development Agreement shall be terminated and any obligations
pursuant to this Agreement shall be null and void.
IN WITNESS WHEREOF, the parties have signed this Agreement on the dates indicated
below.
CITY OF MUSKEGON
Dated: __________________, 2021 By: ___________________________
Steve Gawron, Mayor
Dated: __________________, 2021 By: ___________________________
Ann Marie Meisch, Clerk
HARTFORD TERRACE LIMITED DIVIDEND
HOUSING ASSOCIATION LIMITED
PARTNERSHIP
Dated: ___________________, 2021 By: ___________________________________
Angela Mayeaux, Its Authorized Agent
Dated: ___________________, 2021 By: ___________________________________
MUSKEGON HOUSING COMMISSION
Dated: __________________, 2021 By: ___________________________________
___________________________, Its President
Dated: __________________, 2021 By: ___________________________________
___________________________, Its Secretary
EXHIBIT 1
PROPOSED ORDINANCE AMENDMENT
EXHIBIT 2
PROPOSED PAYMENT OIN LIEU TO TAXES
EXHIBT 3
PROPOSED MUNICIPAL SERVICE AGREEMENT
DRAFT
1/7/21
CITY OF MUSKEGON
CONTRACT FOR HOUSING EXEMPTION
This Agreement between HARTFORD TERRACE LIMITED DIVIDEND HOUSING
ASSOCIATION LIMITED PARTNERSHIP, 1080 Hartford Street, Muskegon Michigan,
(“Hartford LDHA”), and MUSKEGON HOUSING COMMISION, 1080 Hartford, Muskegon,
Michigan (“MHC”) (Hartford LDHA and MHC are jointly referred to as “Developer”) and
CITY OF MUSKEGON, 933 Terrace Street, Muskegon, Michigan (“City”) is made pursuant to
the following terms
RECITALS
A. The City has adopted Chapter 82, Article II “Taxation” of the City Code of
Ordinances, providing for tax exemption (the “Ordinance”).
B. It is acknowledged that it is a proper public purpose of the State of Michigan and
its political subdivisions to provide housing for its low income persons and families and to
encourage the development of such housing by providing for a service charge in lieu of property
taxes in accordance with the Act. The City is authorized by this Act to establish or change the
service charge to be paid in lieu of taxes by any or all classes of housing exempt from taxation
under this Act at any amount it chooses, not to exceed the taxes that would be paid but for this
Act. It is further acknowledged that such housing for low income persons and families is a
public necessity, and as the City will be benefited and improved by such housing, the
encouragement of the same by providing real estate tax exemption for such housing is a valid
public purpose. It is further acknowledged that the continuance of the provisions of this
Ordinance for tax exemption and the service charge in lieu of all ad valorem taxes during the
period contemplated in this Ordinance are essential to the determination of economic feasibility
of the housing projects that is constructed or rehabilitated with financing extended in reliance on
such tax exemption.
C. MHC is the owner of Hartford Terrace, located at 1080 Hartford, Muskegon,
Michigan, and operates Hartford Terrace as a housing project for households with an annual
income of less than 30% of the county’s average medium income and are either elderly or have a
disability, at the time of their initial occupancy (the “Project”).
D. MHC has formed Hartford Terrace Limited Dividend Housing Association
Limited Partnership, of which MHC is the sole member of the General Partner, and has entered
into an agreement to function as manager of the Project.
E. The City encourages rehabilitation of Hartford Terrace, which is to be funded by
Low Income Tax Credits (“LIHTC”) awarded by the Michigan State Housing Development
Authority (“Authority”).
F. To further enable and encourage the construction of the Project, the Developer,
MHC and the City enter into this Agreement.
G. The legal description of the Project is set forth in Exhibit A attached to this
Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Grant of Exemption. As contemplated and pursuant to Act 346 of the Public Acts
of 1966, being MCL Section 125.1415a, as amended, (the “Act”), the City hereby grants an
exemption from all ad valorem property taxes attributable to the Project which consist of rental
units offered to eligible low income persons and families as defined by the Authority.
2. Term of Exemption. This exemption shall continue for the period of time the
housing units remain subject to income and rent restrictions pursuant to Section 42 of Internal
Revenue Service Codes of 1986, as amended (IRS Codes), or the Authority Regulatory
Agreement not to exceed 25years. The City agrees to be contractually bound by this Agreement
to honor the exemption status of the proposed Project as provided herein and in this Agreement
for the entire period during which the Project is financed by the Authority or receives low
income housing tax credits under Section 42 of the IRS Codes, provided that the said loan or a
loan originally financed by the LIHTC continues outstanding and not in default as more
particularly set forth in Section 82-50(3)of the Ordinance, not to exceed 25 years.
3. Responsibilities of the Developer. The Developer agrees to perform the
following:
3.1 The Developer shall pay the service charge and payment in lieu of taxes
on or before July 1, of each year during the time the exemption is in effect. The service
charge shall equal two percent (2%) of the Contract Rents less Utilities, as defined in the
Ordinance, for the total of all units in the Project, whether the units are occupied or not
and whether or not the rents are paid.
3.2 The Developer agrees to file all information required by the Ordinance
and further to meet its obligations to the Authority in connection with the Authority’s
administration of the LIHTC program.
3.3 In lieu of the requirement to submit a statement of contract rents within 30
days after December 31, as required by the Ordinance, Developer shall submit an annual
audit by April 1st. If not timely filed, and 30 days after notice to Developer of said
delinquency, a penalty of 1.25% of the service charge shall be imposed. This penalty
shall be collectible in the same manner provided in Section 82-54 of the Ordinance.
4. Term. This Agreement shall continue in effect for the entire period of eligibility
for the exemption as set forth in the Ordinance, not to exceed 25 years.
5. Interpretation of Financing. The City agrees that the use of LIHTC constitutes
financing of the loan by the Authority in fulfillment of the requirements of Section 82-50(3) of
the Ordinance.
6. Third Party Beneficiary. This Agreement shall benefit the parties named and
further shall benefit the Authority, or such other mortgagee as may have financed the Project,
which may enforce this Agreement, both as its interest may appear, and on behalf of the
Developer and its successors and assigns. No other party is a beneficiary of this Agreement.
7. Limitation on the Payment of Annual Service Charge. Notwithstanding Section
3, the service charge to be paid each year in lieu of taxes for the part of the Project that is tax
exempt but which is occupied by other than low income persons or families shall be equal to the
full amount of the taxes which would be paid on that portion of the Project if the Project were
not tax exempt.
8. Counterparts. This Agreement may be executed in several counterparts and an
executed copy hereof may be relied upon as an original.
9. Binding and Benefit. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, administrators, personal representatives,
successors and assigns.
10. Effective Date. The effective date of this Agreement is the date that the Authority
awards Developer approximately $1,440,000.00 in LIHTC to be used for rehabilitation of
Hartford Terrace.
11. Severability. The various sections and provisions of this Agreement shall be
deemed to be severable, and should any section or provision of this Agreement be declared by
any court of competent jurisdiction to be unconstitutional or invalid the same shall not affect the
validity of this Agreement as a whole or any section or provision of this Agreement, other than
the section or provision so declared to be unconstitutional or invalid.
12. Inconsistent Ordinances. All ordinances or parts of ordinances inconsistent or in
conflict with the provisions of this Agreement are of no effect to the extent of such inconsistency
or conflict.
13. Choice of Law; Venue. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with the laws of the State of Michigan.
The parties agree that for purposes of any dispute in connection with this Agreement, the
Muskegon County Circuit Court shall have exclusive personal and subject matter jurisdiction and
venue.
IN WITNESS WHEREOF, the parties have signed this Agreement on the dates indicated
below.
CITY OF MUSKEGON
Dated: __________________, 2021 By: __________________________________
Steve Gawron, Mayor
Dated: __________________, 2021 By: __________________________________
Ann Marie Meisch, Clerk
HARTFORD TERRACE LIMITED DIVIDEND
HOUSING ASSOCIATION LIMITED
PARTNERSHIP
Dated: ___________________, 2021 By: ___________________________________
Angela Mayeaux, Its Authorized Agent
Dated: ___________________, 2021 By: ___________________________________
MUSKEGON HOUSING COMMISSION
Dated: __________________, 2021 By: ___________________________________
____________________________, Its President
Dated: __________________, 2021 By: ____________________________________
____________________________, Its Secretary
DRAFT
1/7/21
MUNICIPAL SERVICES AGREEMENT
This Agreement between HARTFORD TERRACE LIMITED DIVIDEND
HOUSING ASSOCIATION LIMITED PARTNERSHIP, (“Hartford LDHA”), 1080 Hartford
Street, Muskegon, Michigan and MUSKEGON HOUSING COMMISION, 1080 Hartford,
Muskegon, Michigan (“MHC”) (Hartford LDHA and MHC are jointly referred to as
“Developer”) and CITY OF MUSKEGON, 933 Terrace Street, Muskegon, Michigan (“City”)
is made pursuant to the following terms:
Background
A. Upon the Michigan State Housing Development Authority (“Authority”) awarding
approximately $1,440,000.00 in federal Low Income Housing Tax Credits (“LIHTC”)
to Hartford LDHA and/or MHC, this Municipal Services Agreement between
Hartford LDHA, MHC and City shall become effective.
B. If the Authority does not award approximately $1,440,000.00 in LIHTC’s to Hartford
LDHA and/or MHC by March31, 2022, this Agreement shall be deemed void,
without any notice.
C. MHC is the owner of Hartford Terrace, located at 1080 Hartford, Muskegon,
Michigan, and operates Hartford Terrace as a housing development for households
with an annual income of less than 30% of the county’s average medium income and
are either elderly or have a disability, at the time of their initial occupancy (the
“Project”).
D. MHC has formed Hartford Terrace Limited Dividend Housing Association Limited
Partnership, of which MHC is the sole member of the General Partner, and has
entered into an agreement to function as manager of the Project.
E. The City encourages rehabilitation of Hartford Terrace, which is to be funded by
LIHTC awarded by the Authority.
F. To further enable and encourage the construction of the Project, Developer and the
City enter into this Agreement.
G. The legal description of the Project is set forth in Exhibit A attached to this
Agreement
Now, therefore, for good and valuable consideration, the parties agree as follows:
1. In lieu of the City’s requirement that MHC pay annual service fee of 10% of “annual
shelter rents” at Hartford Terrace pursuant to Muskegon Code Section 18-83, Developer
shall pay to City a Municipal Services Fee of 2% of “Contract Rents” less “Utilities”
from Hartford Terrace, as defined in Chapter 82, Article II “Taxation” of the City Code
of Ordinances, providing for tax exemption (the “Ordinance”), Section 82-46. The
Municipal Services Fee is to partially compensate City for essential services such as
police and fire protection.
2. The obligation to pay the Municipal Services Fee shall commence upon the Authority
awarding approximately $1,440,000.00 in LIHTC to Hartford LDHA and/or MHC, but if
not awarded by March 31, 2022 this Agreement, with no additional action necessary,
shall be terminated.
a. The Developer agrees to file all information required by the Ordinance and further
to meet its obligations to the Authority in connection with the Authority’s
administration of the LIHTC program.
b. In lieu of the requirement to submit a statement of Contract Rents within 30 days
after December 31, as required by the Ordinance, Developer shall submit an
annual audit by April 1st. If not timely filed, and 30 days after notice to
Developer of said delinquency, a penalty of 1.25% of the service charge shall be
imposed.
3. Term. This Agreement shall continue in effect for the entire period of eligibility for the
exemption as set forth in the Ordinance, not to exceed 25 years.
4. Third Party Beneficiary. This Agreement shall benefit the parties named, or such other
mortgagee as may have financed the Project, which may enforce this Agreement, both as
its interest may appear, and on behalf of the Developer and its successors and assigns.
No other party is a beneficiary of this Agreement.
5. Counterparts. This Agreement may be executed in several counterparts and an executed
copy hereof may be relied upon as an original.
6. Binding and Benefit. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective heirs, administrators, personal representatives,
successors and assigns.
7. Severability. The various sections and provisions of this Agreement shall be deemed to
be severable, and should any section or provision of this Agreement be declared by any
court of competent jurisdiction to be unconstitutional or invalid the same shall not affect
the validity of this Agreement as a whole or any section or provision of this Agreement,
other than the section or provision so declared to be unconstitutional or invalid.
8. Inconsistent Ordinances. All ordinances or parts of ordinances inconsistent or in conflict
with the provisions of this Agreement are of no effect to the extent of such inconsistency
or conflict.
9. Choice of Law; Venue. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with the laws of the State of
Michigan. The parties agree that for purposes of any dispute in connection with this
Agreement, the Muskegon County Circuit Court shall have exclusive personal and
subject matter jurisdiction and venue.
IN WITNESS WHEREOF, the parties have signed this Agreement on the dates indicated
below.
CITY OF MUSKEGON
Dated: __________________, 2021 By: ___________________________
Steve Gawron, Mayor
Dated: __________________, 2021 By: ___________________________
Ann Marie Meisch, Clerk
HARTFORD TERRACE LIMITED DIVIDEND
HOUSING ASSOCIATION LIMITED
PARTNERSHIP
Dated: ___________________, 2021 By: ___________________________________
Angela Mayeaux, Its Authorized Agent
Dated: ___________________, 2021 By: ___________________________________
MUSKEGON HOUSING COMMISSION
Dated: __________________, 2021 By: ___________________________
____________, Its President
Dated: __________________, 2021 By: ___________________________
_____, Its Secretary
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 1/12/2021 Title: Housing Commission Ordinance
Amendment
Submitted By: LeighAnn Mikesell Department: Development Services
Brief Summary:
Staff are seeking approval of an amendment to Chapter 18, Article IV of the Code of Ordinances in
coordination with the Hartford Terrace development agreement.
Detailed Summary:
The Muskegon Housing Commission proposes to rehabilitate Hartford Terrace Apartments through
HUD’s Rental Assistance Demonstration program. This program allows private capital to be raised
for rehabilitation of low income housing projects. The calculation of Payments In Lieu Of Taxes for
this program differs from the typical public housing program, and changes to the city’s ordinance
for housing commission owned properties requires a change to accommodate the development.
Amount Requested: None Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To amend and adopt Chapter 18, Article IV, Section 83 and approve the
resolution for Muskegon Housing Commission.
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. ____
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
1. Chapter 18, Article IV of the Code of Ordinances of the City of Muskegon,
Michigan, Section 18-83 is amended by adding subpart (d) to read as follows:
Section 18-83. Payment of annual service fee in lieu of taxes; amount.
***
(d) Upon the awarding of approximately $1,440,000.00 in low income
housing tax credits by the Michigan State Housing Development Authority to the
Muskegon Housing Commission and/or Hartford Terrace Limited Dividend Housing
Association Limited Partnership, of which the Muskegon Housing Commission is the
sole member of its General Partner, the annual shelter rents attributable to Hartford
Terrace, located at 1080 Hartford Street in the City of Muskegon, shall no longer be
included in “annual shelter rents” required above and in lieu shall be required to make
a payment in lieu of taxes pursuant to Muskegon Code Section 82-46, et. seq., of 2%
of the “contract rents” less “utilities” and a municipal service fee of 2% of “contract
rents” less “utilities”. If the award from the Michigan State Housing Development
Authority does not occur by March 31, 2022, Muskegon Code Section 18-83(d) shall
become automatically rescinded, with no further action by the City Commission.
2. This Ordinance is to become effective ten (10) days after adoption.
Ayes:
Nays:
First Reading:
Second Reading:
1
CERTIFICATE
The undersigned, being the duly qualified Clerk of the City of Muskegon,
Muskegon County, Michigan, does hereby certify that the foregoing is a true and
complete copy of an ordinance adopted by the City Commission of the City of
Muskegon, at a regular meeting of the City Commission on the ____ day of
_______________, 2021, at which meeting a quorum was present and remained
throughout, and that the meeting was conducted and public notice was given pursuant to
and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended,
and that minutes were kept and will be or have been made available as required thereby.
Date:_______________________, 2021
________________________________
Ann Marie Meisch, MMC
City Clerk
Publish: Notice of Adoption to be published once within ten (10) days of final
adoption.
2
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2019, the City Commission of
the City of Muskegon amended Chapter 18, Article IV of the Muskegon City Code,
summarized as follows:
1. Section 18-83(d) is added to exclude the Muskegon Housing
Commission’s Hartford Terrace from calculating the annual service fee paid by
the Muskegon Housing Commission upon an award of low income tax credits and
to pay a payment in lieu of taxes and a municipal service fee pursuant to
Muskegon Code Section 82-46, et.
Copies of the ordinance may be viewed and purchased at reasonable cost at the
Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan,
during regular business hours.
This ordinance amendment is effective ten (10) days from the date of this
publication.
Published: _________________, 2021 CITY OF MUSKEGON
By________________________
Ann Marie Meisch, MMC
City Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
3
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 12, 2021 Title: Street Vacation – Harbor 31
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to vacate a portion of Viridian Dr, east of Terrace St, by Harbor 31, LLC.
Detailed Summary: The Planning Commission unanimously recommended vacation of the alley as
requested.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to vacate a portion of Viridian Dr, east of Terrace
St, by Harbor 31
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Planning Commission Excerpt
Hearing, Case 2020-29: Request to vacate a portion of Viridian Dr, east of Terrace St, by Harbor 31, LLC.
SUMMARY
1. The applicant has requested to vacate a portion of Viridian Dr, depicted below, in an effort to develop the
property.
2. Access to the proposed developments would be through a new private drive.
CITY OF MUSKEGON
RESOLUTION No.______________
RESOLUTION TO VACATE A PORTION OF A PUBLIC ST
WHEREAS, a petition has been received to vacate a portion of Viridian Dr, east of Terrace St; and
WHEREAS, the Planning Commission held a public hearing on January 12, 2021 to consider the petition and
subsequently recommended the vacation; and
WHEREAS, due notice had been given of said hearing as well as the January 12, 2021 City Commission
meeting to consider the recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the public
interest to vacate a portion of Viridian Dr, east of Terrace St; and
BE IT FURTHER RESOLVED that the City Commission does hereby declare the said portion of the alley
vacated and discontinued provided, however, that this action on the part of the City Commission shall not
operate so as to conflict with any fire access or the utility rights heretofore acquired by the City or by any
public service utility in the City of Muskegon, operating in, over and upon said portion of street hereby
vacated, and it is hereby expressly declared that any such rights shall remain in full force and effect;
BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall restore
the disturbed area to the grade and paving in existence at the time of vacation. The City shall not be
responsible to replace special planting, landscaping, fences or any structure. No structure shall be placed
in the vacated street which, in the sole judgment of the City, will interfere with the repair or maintenance
of utilities in the easement, public or private.
Adopted this 12th day of January 2021.
Ayes:
Nays:
Absent:
By:
Stephen J. Gawron, Mayor
Attest:
Ann Meisch, MMC, City Clerk
CERTIFICATE (Vacation of a portion of Viridian Dr, east of Terrace St)
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City
Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular meeting held on
January 12, 2021.
______________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 12, 2021 Title: Amendment to the PUD at Harbor 31
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to amend the final Planned Unit Development at 600 Shoreline Dr
(Harbor 31), by Harbor 31, LLC.
Detailed Summary:
Staff consulted with the attorneys at Miller Canfield regarding the public boardwalk issue. It does
not appear that Condominium documents make the Boardwalk Easement available for public use. If
the easement had a public use component, the Master Deed would have had to stated that
expressly. The Master Deed does suggest that tenants of the units, guests, employees, and invitees
are permitted to use the easement. Since the developer owns most of the land in the condo
agreement, it appears that guests of future developments will be able to access the entire boardwalk.
Also, the developer proposes to develop the entire shoreline with boat slips. Units A, B, H and I have
what appear to be identical riparian rights under Riparian easements recorded in 2006, which grant each
unit owner the right to use the entire lakeshore “to the same extent as if the Benefitted Parcel was
adjacent to the Lake,” including for the installation of permanent docks and marinas. The land area
described as falling with the easement area, however, is the “Common Areas” of the condominium
project, an apparent (though not certain) reference to the General Common Elements, which consist of
the Boardwalk Easement running along the shoreline and the Walkway Easement between units H and
I. Unless Units A, B, H and I are all owned by the developer of the marina, the developer’s right to
develop beyond the shoreline running parallel to units owned by the developer appears to be an open
question.
A motion was made to request to amend the final Planned Unit Development at 600 Shoreline Dr be
recommended for approval to the City Commission, with the following conditions as listed in the staff
recommendation: 1) that public easements for access to the existing boardwalk and new waterfront
gathering space shall be recorded with the Register of Deeds before any building permits are issued,
and 2) each separate use/building needs to individually obtain site plan approval. Any variation from the
PUD, in terms of use or building placement, is acceptable as long as it meets the underlying zoning
(FBC, Mainstreet Waterfront) requirements. The motion was unanimously approved.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the amendments to the Planned Unit Development as
requested.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action
Hearing, Case 2020-28: Request to amend the final Planned Unit Development at 600 Shoreline Dr (Harbor 31), by
Harbor 31, LLC.
SUMMARY
1. In the year 2000, Lakefront Development LLC was approved for a mixed-use PUD at this site. Only a couple of
the developments from the plan were built and the remaining developable lots were sold to a new developer.
2. While the original site plan cannot be located, the enclosed resolution states the conditions put on the PUD for
approval.
3. The original PUD also described the publicly accessible boardwalk, however, staff cannot located any actual
recording of the said publicly accessible land. This proposed development project meets most of the standards
of the underlying zoning (FBC, Mainstreet Waterfront), however, the original PUD should still be honored
because of the publicly accessible boardwalk agreement.
4. Please see the enclosed Project Narrative and Site Plans.
5. The plan calls for two public access points to the water. One to the boardwalk, located north of the traffic
circle. The other to a seating area west of the traffic circle, between buildings G and H.
6. The plan assumes the successful vacation of a portion of Viridian Dr, which is the topic of the following case.
7. Additional staff comments will be presented at the meeting.
STAFF RECOMMENDATION
Staff recommends approval of the special use permit with the following conditions:
1. Public easements for access to the existing boardwalk and new waterfront gathering space shall be recorded
with the Register of Deeds before any building permits are issued.
2. Each separate use/building needs to individually obtain site plan approval. Any variation from the PUD, in
terms of use or building placement, is acceptable as long as it meets the underlying zoning (FBC, Mainstreet
Waterfront) requirements.
CITY OF MUSKEGON
RESOLUTION #2021-
RESOLUTION TO APPROVE THE AMENDED FINAL PLANNED UNIT DEVELOPMENT FOR
600 SHORELINE DR (Harbor 31)
WHEREAS, a petition to amend the Planned Unit Development at 600 Shoreline Dr has been received; and,
WHEREAS, proper notice was given by mail and publication and public hearings were held by the City Planning
Commission and by the City Commission to consider said petition, during which all interested persons were given
an opportunity to be heard in accordance with provisions of the Zoning Ordinance and State Law; and
WHEREAS, the Planning Commission and staff have recommended approval of the Final Planned Unit
Development and associated site plan with the following conditions 1) that public easements for access to the
existing boardwalk and new waterfront gathering space shall be recorded with the Register of Deeds before
any building permits are issued, and 2) each separate use/building needs to individually obtain site plan
approval. Any variation from the PUD, in terms of use or building placement, is acceptable as long as it meets
the underlying zoning requirements; and
NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the Planning Commission be
accepted and the amendment to the final Planned Unit Development is hereby approved.
Adopted this 12th day of January, 2021
Ayes:
Nays:
Absent:
By:
Stephen J. Gawron
Mayor
Attest:
Ann Meisch
Clerk, City of Muskegon
CERTIFICATE
(Amendment to Final PUD at 600 Shoreline Dr)
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 a resolution adopted by the City Commission of the
City of Muskegon, at a regular meeting of the City Commission on the 12th day of January, 2021, 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 Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and
will be or have been made available as required thereby.
DATED: ___________________, 2021. _______________________________________
Ann Meisch
Clerk, City of Muskegon
PROJECT NARRATIVE HARBOR 31 PUD AMENDMENT
Located on the Shores of Muskegon Lake in Muskegon Michigan, Harbor 31 (H31) will create
various residential living opportunities as well as provide additional Hotel and Retail and Office
space. H31 will incorporate the scale and materials of a traditional central business district in a
contemporary architectural style.
The connectivity to Muskegon Lake is a key component of the Harbor 31 project. H31 will create
additional public connectivity to the Lake as well as establish the Harbor 31 marina to serve the
residents of Harbor 31 as well as the public. As part of this effort, our plan is to create an in-out
boat storage and retail sales facility as an added amenity.
Harbor 31 master plan will consist of the following projects:
• Viridian Shores:
o 15 single family homes and 16 duplex units adjacent to the boardwalk with direct
access to boat docks. A community pool will be built to serve the Viridian Shores
and Viridian Place projects
• Boardwalk Flats:
o Four Story / 130 units market rate apartments with views of Muskegon Lake and
direct access to the marina.
• Harbor 31 Dry Dock:
o Interior boat storage building and a separate retail boat sales and rental building
• Trilogy Assisted Living:
o 105 Bed Assisted Living Facility
• Harbor 31 Commons:
o Four story / Mixed use. Ground floor retail with 88 apartment units above.
• Viridian Place:
o 48 Unit Multi Story Residential Townhouse project
• Hotel:
o Flag hotel with proximity to the new Muskegon Convention Center
• Office Building:
o 16,000 square foot multi-tenant office building
• Harbor 31 Marina:
o 100+/- Boat docks
Harbor 31 will bring additional residents and services to the rapidly growing downtown
Muskegon market. Our goal is to develop a project that will add to the reimagined shoreline and
be a vital component of downtown Muskegon.
HARBOR 31
VICINITY MAP
NOT TO SCALE
DEVELOPMENT REFERENCE:
OWNER/ HARBOR 31, LLC.
APPLICANT: 2325 BELMONT CENTER DRIVE, SUITE B
BELMONT, MI 49306
CONTACT: DAN HENRICKSON
PH: (616)-458-5554
PLANNED UNIT DEVELOPMENT
EMAIL: DAN@HENRICKSONAP.COM
CIVIL ENGINEER: PARADIGM DESIGN
PARADIGMDESIGN
550 3 MILE ROAD N.W., SUITE B ARCHITECTS | ENGINEERS
GRAND RAPIDS, MI 49544
CITY OF MUSKEGON
CONTACT: STEVE ACHRAM 550 3 Mile NW, Suite B
PH: (616) 785-5587 Grand Rapids, MI 49544
(616) 785-5656
EMAIL: SACHRAM@PARADIGMAE.COM
SURVEYOR: BURGESS SURVEYING Grand Rapids | Phoenix | Traverse City
MUSKEGON COUNTY, MICHIGAN
www.paradigmae.com
8375 RIDGESTONE DR
SW BYRON CENTER, MI 49315
CONTACT: JORDAN BURGESS
PH: (616) 437-2249
EMAIL: BURGESSSURVEYING@GMAIL.COM
MUSKEGON COUNTY
SITE LOCATION MAP
NOT TO SCALE
LEGAL DESCRIPTION:
PROPERTY DESCRIPTION:
MUSKEGON PARTOF BLOCKS554 AND 558 OF THE REVISEDPLATOF THE CITY OF MUSKEGON,AS RECORDED STEVE J. ACHRAM
MI - REGISTRATION #6201054728
IN LIBER 3 OF PLATS, PAGE 71, MUSKEGON COUNTY RECORDS, DESCRIBED AS FOLLOWS: EXP. DATE 10/03/2023
LAKE
R
PROJECT
TD
COMMENCINGAT THE MOST SOUTHERLYCORNEROF BLOCK556 OF SAID PLAT; THENCENORTH
OIN
SITE 62°44'00"WEST 1248.69'ALONGTHE NORTHERLYLINE OF TERRACESTREETEXTENDED;THENCE
HARBOR 31
EP
WESTERLY269.86'ALONGSAID NORTHERLYLINE ON A 302.48'RADIUSCURVETO THE LEFT, THE
VIRIDIAN DR
AC
LOCATION CHORD OF WHICH BEARS NORTH 88°17'30"WEST 261.00'; THENCENORTH 46°09'15"WEST 85.84'
RR
ALONGTHE LINE BETWEENLOTS5 AND 6 OF SAIDBLOCK558 TO THE TRUEPLACEOF BEGINNING,
TE
MUSKEGON LAKE SAID POINT BEING ON THE NORTHERLYLINE OF THAT PARCELOF LAND TAKENBY THE CITY OF
SHORLINE DR MUSKEGONFOR THE CONSTRUCTIONOF SHORELINEDRIVE,A PEDESTRIANWALKWAYAND THE
RELOCATIONOF THE RAILROADRIGHT OF WAY, (SAID NORTHERLYLINE BEING DESCRIBEDIN
SCHEDULEA ATTACHEDTO CITY OF MUSKEGONRESOLUTIONNO. 98-87(F)AND ADOPTEDBY THE
CITY COMMISSIONON JULY 28, 1998); THENCECONTINUINGALONGSAID LINE BETWEENLOTS 5
AND 6 OF SAID BLOCK558, NORTH46°09'15"WEST 448.41';THENCENORTH27°25'55"EAST 899.22'
TO AN INTERMEDIATETRAVERSELINEALONGTHE SHOREOF MUSKEGONLAKE,SAIDPOINTBEING
CALLED"A", (SAIDPOINT"A" BEINGAPPROXIMATELY36' FROMTHE WATERSEDGEOF MUSKEGON
LAKE; (THE FOLLOWINGSEVEN (7) CALLS BEING ALONG SAID INTERMEDIATETRAVERSELINE)
THENCESOUTH 62°21'32"EAST 649.57'; THENCESOUTH 87°04'39"EAST 570.78'; THENCENORTH
31°56'32"EAST81.67';THENCESOUTH60°03'28"EAST191.75';THENCESOUTH26°40'26"EAST292.27';
N THENCENORTH86°15'34"EAST 281.56';THENCESOUTH50°57'54"EAST 490.90'TO A POINTON THE
NORTHERLYLINE OF SAID PARCELTAKENBY THE CITY, SAID POINT BEING CALLED"B"; THENCE
NORTHEASTERLY95.33', ALONGA 1272.34'RADIUSCURVE TO THE LEFT, THE CHORDOF WHICH
BEARSNORTH71°48'08"EAST 95.30' TO THE NORTHEASTERLYLINE OF SAID BLOCK554; THENCE
NORTHWESTALONG SAID NORTHEASTERLYLINE TO THE WATERSEDGE OF MUSKEGONLAKE;
THENCERECOMMENCINGAT SAID POINT"B"(THEFOLLOWINGSEVEN(7) CALLSBEINGALONGTHE
NORTHERLYLINEOF SAIDPARCELTAKENBY THE CITY),THENCESOUTHWESTERLY 416.86',ALONG PLANNED UNIT
600 SHORELINE DRIVE SECTION 19, TOWN 10 N, RANGE 16 E
A 1272.34'RADIUSCURVETO THE RIGHT,THE CHORDOF WHICH BEARS SOUTH83°20'04"WEST
415.00'; THENCENORTH 87°16'46"WEST 904.15'; THENCENORTH 02°43'14"EAST 55.00'; THENCE DEVELOPMENT
CITY OF MUSKEGON 42°14'34" N, 86°15'11.3" W NORTH 87°16'46"WEST 120.00'; THENCESOUTH 02°43'14"WEST 55.00'; THENCENORTH 87°16'46"
MUSKEGON COUNTY, MICHIGAN PARCEL #: 61-24-607-000-0000-00 WEST 222.59'; THENCESOUTHWESTERLY635.15', ALONGA 803.25' RADIUSCURVE TO THE LEFT,
THE CHORD OF WHICH BEARS SOUTH 70°04'05" WEST 618.73' TO THE PLACE OF BEGINNING.
TOGETHERWITH ALL LANDS LYING BETWEEN THE INTERMEDIATETRAVERSELINE AND THE
WATERS EDGE OF MUSKEGONLAKE AND THE NORTHEASTERLYLINE OF SAID BLOCK 554. CITY OF MUSKEGON, MICHIGAN
CONTAINING 34.2 ACRES MORE OR LESS.
NEW SHORELINE DRIVE (BUSINESS 31) APPLICANT
SURVEY PROVIDED BY:
BOUNDARY& TOPOGRAPHICSURVEY PROVIDED BY
BURGESS SURVEYING
ON A DRAWING DATED
HARBOR 31, LLC
10-29-2020. 2325 BELMONT
BENCHMARKS: CENTER DRIVE
ASSUMED BENCHMARK AS DENOTED ON MUSKEGON LAKEFRONT DEVELOPMENT PLANS
BELMONT, MI 49306
DEVELOPED BY FELIX AND VANDENBRINK.
BM#1: TOP OF FLANGE BOLT UNDER THE 'E' OF EJIW ON HYDRANT: LOCATED +- 70 FEET WEST &
±10 FEET SOUTH OF SOUTHEAST PROPERTY CORNER.
ELEVATION = 594.88 (BASIS PLAN ELEVATION SHOWN) 616-458-5554
NAVD88 ELEV = (PLAN ELEVATION)-(0.42 FEET)
KEY MAP N COORDINATE SYSTEM:
THE EXISTENCEAND LOCATIONOF ANY UNDERGROUNDUTILITY PIPES, CONDUITSOR 1"=200' RELEASE DATE
STRUCTURESSHOWNON THESEPLANSWAS OBTAINEDBY A SEARCHOF THE AVAILABLE COORDINATES & BEARINGS ARE BASEDMICHIGAN
ON STATE PLANE SOUTH ZONE
, NAD83(HARN)
,
RECORDS.THE CONTRACTORIS REQUIREDTO TAKEDUE PRECAUTIONARY MEASURESTO INTERNATIONAL FEET
. DATE DESCRIPTION
PROTECTTHE UTILITYLINESSHOWNON THESEDRAWINGS.THE CONTRACTORFURTHER
ASSUMESALL LIABILITY AND RESPONSIBILITYFOR THE UTILITY PIPES, CONDUITSOR NAVD88 ELEVATIONS ARE 0.42 FEET LOWER THAN THE SITE. 11/19/2020 PUD AMENDMENT
STRUCTURESSHOWNOR NOT SHOWNON THESE DRAWINGS.THE CONTRACTORSHALL
POTHOLEALL EXISTING UTILITIES TO VERIFY THE LOCATIONAND ANY DISCREPANCY FLOODPLAIN DATA:
Thursday, November-19-2020 at 1:51pm W:\2009084GR Harbor 31 – Overall Site\Drawings - 2009084GR\Civil\PUD\084C-001.dwg rjoe
0 200' 400'
BETWEEN THE PLANS SHALL BE BROUGHT TO THE ATTENTION OF THE DESIGN ENGINEER.
ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE RATE
MAP (FIRM), NUMBER
26121C0257D
, EFFECTIVE DATE:
JULY 6 2015,NATIONAL FLOOD INSURANCE
PROGRAM, AS PUBLISHED BY FEMA.
THE SUBJECT PROPERTY IS IN ZONE AE DEFINED AS AREA INUNDATED BY THE BASE FLOOD WITH
BASE FLOOD ELEVATIONS DETERMINED WITH A BASE FLOOD ELEVATION OF 584.82. (ASSUMED)
CIVIL SHEET INDEX:
C-001 CIVIL COVER SHEET WETLAND DATA:
C-101 CIVIL EXISTING CONDITIONS & DEMOLITION PLAN
THERE ARE DELINEATED WETLANDS WITHIN THE PROJECT LIMITS. A PART 301 AND PART 303
C-102 CIVIL OVERALL LAYOUT PLAN
PERMIT ARE IN PROCESS WITH EGLE.
C-103 CIVIL DETAILED LAYOUT PLAN - WEST
C-104 CIVIL DETAILED LAYOUT PLAN - EAST
C-105 CIVIL UTILITY & GRADING PLAN - WEST
C-106 CIVIL UTILITY & GRADING PLAN - EAST PROJECT DESCRIPTION:
C-107 FIRE ACCESS PLAN THIS PROJECT ADDRESSES AMENDING THE EXISTING PLANNED UNIT
C-108 CIVIL OVERALL LIGHT PLAN DEVELOPMENT FOR MUSKEGON LAKESHORE SMARTZONE
L-101 LANDSCAPE PLAN CONDOMINIUM.
PROJECT
2009082GR
SHEET
CIVIL COVER SHEET
C-001
BOARDWALK EASEMENT ENDS
AT WESTERLY LINE OF UNIT A
BOARDWALK EASEMENT DEMOLITION LEGEND
TO WATERS EDGE
MW
(GENERAL COMMON ELEMENT) WV
GM XFMR (R) REMOVE THESE ITEMS
10' STRIP OF LAND MW REMOVE BUILDING AND APPURTENANCES
IS LIMITED
MW
55880 REMOVE CONCRETE & SIDEWALK
COMMON ELEMENT 21
58
APPROXIMATE EDGE OF
5
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S62 WATER (10/20/20) ALL OF THE COMMON AREAS REMOVE BITUMINOUS
°21
ST '3 2"E ARE SUBJECT TO THE PARADIGMDESIGN
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3
SA
585 36.44 RIPARIAN EASEMENT PER COLD MILL BITUMINOUS
363 '53"E
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MW ARCHITECTS | ENGINEERS
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LIBER 3707, PAGE 405 &
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REMOVE THESE ITEMS
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.80
MW
MW
LIBER 3707, PAGE 733
N27
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EXISTING SEWER MANHOLE
UG-T
REMOVE CURB & GUTTER
UG-E
550 3 Mile NW, Suite B
TO REMAIN 5558
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G
INTERMEDIATE
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585
ST
UG
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TRAVERSE LINE BOARDWALK EASEMENT REMOVE WATER LINE (616) 785-5656
EXISTING 20' STORM SEWER
-E
UG WTR WTR
UG
TO WATER'S EDGE
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EDGE OF PROPOSED
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UG-E UG-E
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R
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DUMPSTER AND WALL
MW 585
N02°51'38"E
N27
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590
MW
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139.49'
ST
EXISTING WATERMAIN
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88'
284 °03'51
S02°31'46"W
20' WIDE EASEMENT
58
S02°21'02"W
EXISTING SANITARY 580
5
.77 "E
STM
124.23'
TO BE REMOVED
3"W
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7'0
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S88°02'57"E STRUCTURE TO REMAIN
ST
587 STRUCTURE TO REMAIN
S26
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R 169.33' 585
REMOVE EXISTING TELEPHONE & S87°08'22"E
R WT
S86°37'13"E
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ST
UNDERGROUND ELECTRIC
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S87°08'22"E 192.48' S02°27'02"W 582
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STM
68.18' 104.11'
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L=120.49' R=249.62'
N27
' 20' WIDE EASEMENT
92.2
GRAND VALLEY STATE UNIVERSITY 23 3. 0 0 L=242.33' R=233.00' APPROXIMATE EDGE
73'
G
R= FOR STORM SEWER
197 '55"E
7'
582
368
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OF WATER
587
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EXP. DATE 10/03/2023
N87°08'22"W
585
586 N87°08'22"W 55885 N63°06'41"E
L=56.87' R=102.00'
N27
74.97'
EASEMENT TO CONSUMERS ENERGY 68.18' 138.26' HIGH WATER MARK PROJECT
L=41.31' R=73.00' 32. L=57.98' R=85.00' N86°15'34"E 281.56'
PER LIBER 3630, PAGE 646 & L=57.98' R=85.00' EASEMENT TO CONSUMER ENERGY
HARBOR 31
85' N62 L=190.70' R=167.00'
58
TERRACE STREET
MW
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5
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STM
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' MANHOLE TO REMAIN EXISTING STORM
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°25
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EXISTING WATER HYDRANT 582
S27
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±
ABANDON STORM EASEMENT
N27
'58"
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CATCH BASINS TO REMAIN
'
RIV
°25
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10' WIDE EASEMENT
N27
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582
N02°51'38"E N27°32'58"W
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N3
'
584
LIBER 3591, PAGE 578
ST
FOR STORM SEWER N02°43'14"E N87°16'46"W S02°43'14"W R= 584
STM
22 4
EXISTING SANITARY 55.00' 120.00' 55.00' FOR STORM SEWER .00' 585
N87°16'46"W
MANHOLE TO REMAIN
G
G
SAN
S19° 4'
WTR
WTR G SAN
397WTR
.90' L =13 3
.7 2'
VIRIDIAN DRIVE
WTR
41.3
SAN
G
00'00
G
R=
S87°16'46"E 222.59'
WTR
15
N4 20' WIDE SANITARY 3. 2 5 '
SAN
3 .0
CK
SAN
A
"E
ROAD TR
6° 0 0
SEWER EASEMENT R =8
09 .12 ' CSX RAIL S87°16'46"E 904.15'
PLANNED UNIT
3 4'
R =12 7 2.
'
584
'15 3 5
"W L=6 L = 512.19 '
590
44
8.4
1'
SAN
CSX RAILROAD TRACK
DEVELOPMENT
SAN
10' STRIP OF LAND 7
IS LIMITED 58 CSX RAILROAD
590
589
0
59
COMMON ELEMENT R/W
WTR
158.55' R/W
WTR
NEW SHORELINE DRIVE (BUSINES
SAN WTR
SAN
PORTION OF VIRIDIAN DRIVE
S 31)
SAN
589
585
SA
N
EXISTING SEWER MAIN TO REMAIN TO BE VACATED SOUTHBOUND CITY OF MUSKEGON, MICHIGAN
7
58
WTR
589 590
585 587
588 58
9 591 592 NORTHBOUND APPLICANT
586 590
591
HARBOR 31, LLC
593
590
585 58
9 586 587
591
592
586
2325 BELMONT
593
592 59
3
58
7
CENTER DRIVE
BELMONT, MI 49306
594
593
586
588
593 59
4 595
595 596 97
587
5
616-458-5554
RELEASE DATE
DATE DESCRIPTION
11/19/2020 PUD AMENDMENT
DEMOLITION NOTES:
Thursday, November-19-2020 at 1:53pm W:\2009084GR Harbor 31 – Overall Site\Drawings - 2009084GR\Civil\PUD\084C-101.dwg rjoe
ALL MATERIAL THAT IS NOT SUITABLE AS BACKFILL AND MATERIALS THAT ARE EXCESS SHALL BE
REMOVED FROM THE SITE AND DISPOSED OF IN ACCORDANCE WITH ALL LOCAL, STATE, AND
FEDERAL REGULATIONS.
ALL AREAS OF UNDERGROUND DEMOLITION; UTILITY LINE REMOVAL; AND UNDERGROUND TREE,
STUMP, AND VEGETATION REMOVAL SHALL BE BACKFILLED.
BACKFILLING SHALL PROMPTLY FOLLOW UNDERGROUND DEMOLITION OR REMOVAL WORK AND
SHALL CONTINUE AS THE DEMOLITION PROGRESSES.
CONTRACTOR SHALL BE RESPONSIBLE FOR APPLYING FOR AND OBTAINING ALL NECESSARY
DEMOLITION PERMITS AND PAYING FOR ANY ASSOCIATED PERMIT FEES.
NOTIFY ARCHITECT/ENGINEER OF ANY OTHER UNDERGROUND MATERIALS OR EQUIPMENT
ENCOUNTERED DURING EXCAVATION NOT SPECIFICALLY NOTED ON THE DRAWING(S).
PRIVATE UTILITY REMOVAL - CONTRACTOR TO COORDINATE PRIVATE UTILITY (GAS, ELECTRIC,
PHONE, CABLE, ETC.) REMOVAL WITH APPROPRIATE AUTHORITY. ALTHOUGH ALL PRIVATE UTILITY
SERVICES MAY NOT BE SHOWN ON THIS DRAWING, CONTRACTOR IS RESPONSIBLE FOR REMOVAL
OF SERVICE AS NECESSARY.
PUBLIC UTILITY REMOVAL - CONTRACTOR TO COORDINATE PUBLIC UTILITY (WATER, SEWER, PROJECT
STORM) REMOVAL WITH APPROPRIATE UTILITY COMPANY. ALTHOUGH ALL PUBLIC UTILITY
SERVICES MAY NOT BE SHOWN ON THIS DRAWING, CONTRACTOR IS RESPONSIBLE FOR REMOVAL
OF SERVICE AS NECESSARY. 2009082GR
WHERE CURBING OR PAVEMENT IS INDICATED TO BE REMOVED, IT SHALL BE SAWCUT FULL
DEPTH. REMOVE TO THE NEAREST JOINT, IF THE JOINT IS WITHIN 3 FEET OF THE REMOVAL LINE.
N SHEET
THE EXISTENCEAND LOCATIONOF ANY UNDERGROUNDUTILITY PIPES, CONDUITSOR
VERIFY REMOVAL LIMITS WITH ENGINEER PRIOR TO BEGINNING WORK. STRUCTURESSHOWNON THESEPLANSWAS OBTAINEDBY A SEARCHOF THE AVAILABLE
RECORDS.THE CONTRACTORIS REQUIREDTO TAKEDUEPRECAUTIONARY MEASURESTO
EXISTING MONITORING WELLS TO BE ABANDONED PER EGLE REGULATIONS
PROTECTTHE UTILITYLINESSHOWNON THESEDRAWINGS.THE CONTRACTORFURTHER CIVIL EXISTING
EXISTING VEGETATION SHALL BE SAVED IF PRACTICAL. ASSUMESALL LIABILITY AND RESPONSIBILITYFOR THE UTILITY PIPES, CONDUITSOR CONDITIONS &
STRUCTURESSHOWNOR NOT SHOWNON THESE DRAWINGS.THE CONTRACTORSHALL
OUTDOOR AND ROOFTOP MECHANICAL EQUIPMENT AND OUTDOOR STORAGE WILL BE SCREENED. POTHOLE ALL EXISTING UTILITIES TO VERIFY THE LOCATIONAND ANY DISCREPANCY DEMOLITION PLAN
0 100' 200'
BETWEEN THE PLANS SHALL BE BROUGHT TO THE ATTENTION OF THE DESIGN ENGINEER.
C-101
BOARDWALK EASEMENT ENDS
AT WESTERLY LINE OF UNIT D
PARADIGMDESIGN
ARCHITECTS | ENGINEERS
BOARDWALK EASEMENT
550 3 Mile NW, Suite B
TO WATERS EDGE Grand Rapids, MI 49544
(GENERAL COMMON ELEMENT) (616) 785-5656
MUSKEGON LAKE
Grand Rapids | Phoenix | Traverse City
10' STRIP OF LAND www.paradigmae.com
IS LIMITED APPROXIMATE EDGE OF
COMMON ELEMENT WATER (10/20/20)
ALL OF THE COMMON AREAS
BOARDWALK EASEMENT ARE SUBJECT TO THE
TO WATER'S EDGE RIPARIAN EASEMENT PER
(GENERAL COMMON ELEMENT) LIBER 3707, PAGE 405 &
LIBER 3707, PAGE 733
INTERMEDIATE
EXISTING 20' STORM SEWER TRAVERSE LINE
EASEMENT
D BOARDWALK EASEMENT ENDS
AT EASTERLY LINE OF UNIT N
ZONED B-2 PUD
CONVENIENCE BUSINESS
TERRACE POINT ZONED FBC - MSW STEVE J. ACHRAM
CONDOMINIUMS VIDANORA @ ZONED FBC - MSW MI - REGISTRATION #6201054728
EXP. DATE 10/03/2023
EDISON LANDING 20' WIDE EASEMENT
FOR STORM SEWER PROJECT
HARBOR 31
ZONED FBC - MSW F APPROXIMATE EDGE
GRAND VALLEY STATE UNIVERSITY OF WATER INTERMEDIATE
VIRIDIAN DRIVE TRAVERSE LINE
G
EASEMENT TO CONSUMERS ENERGY
PER LIBER 3630, PAGE 646 & 20' WIDE EASEMENT
LIBER 3652, PAGE 851 FOR STORM SEWER
EASEMENT TO CONSUMER ENERGY
TERRACE STREET
PER LIBER 3630, PAGE 646 &
LIBER 3652, PAGE 851
RY
ERS
C O
VIR
IDIA
ND 10' WIDE EASEMENT
H
NC
RE
EK
PLANNED UNIT
A RIV
E FOR STORM SEWER
E E
DEVELOPMENT
20' WIDE EASEMENT TO
CONSUMERS ENERGY PER
LIBER 3591, PAGE 578
20' WIDE SANITARY
SEWER EASEMENT CITY OF MUSKEGON, MICHIGAN
20' WIDE EASEMENT 20' WIDE EASEMENT
B ROAD TR
ACK FOR STORM SEWER FOR STORM SEWER
CSX RAIL APPLICANT
66'
CSX RAILROAD TRACK
HARBOR 31, LLC
10' STRIP OF LAND
IS LIMITED CSX RAILROAD
2325 BELMONT
COMMON ELEMENT R/W
NEW SHORELINE DRIVE (BUSINES CENTER DRIVE
158' R / W
S 31) SOUTHBOUND BELMONT, MI 49306
NORTHBOUND
616-458-5554
RELEASE DATE
UNIT DATA: DATE DESCRIPTION
11/19/2020 PUD AMENDMENT
Thursday, November-19-2020 at 1:53pm W:\2009084GR Harbor 31 – Overall Site\Drawings - 2009084GR\Civil\PUD\084C-102.dwg rjoe
EXISTING LEGEND
GENERAL LAYOUT NOTES:
PROPOSED LEGEND
REFER TO ARCHITECTURAL PLANS FOR DETAILS
CONCRETE
OF DOOR STOOPS
, TRUCK DOCK AND
SIGN SIGN WITH BASE BUMPER BLOCK SIGN TRASH ENCLOSURE WALLS, ANDDUMPSTER ENCLOSURE
.
EM ELECTRIC METER LANDING AREA SIDEWALK RAMP CURB & GUTTER
REFER TO ARCHITECTURAL FOUNDATION PLAN FOR DETAILING OF BUILDING AND EXACT BUILDING
FDC FIRE DEPARTMENT CONNECTION HYDRANT XFMR TRANSFORMER
CENTER LINE DIMENSIONS.
PROPERTY LINE
WM WATER METER LIGHT POLE TRASH ENCLOSURE DITCH REFER TO LANDSCAPE PLAN FOR RESTORATION OF ALL NON PAVED SURFACES.
MONUMENT SIGN
ALL DIMENSIONS SHOWN TO CONCRETE CURB AND GUTTER ARE TO BACK OF CURB UNLESS SITE DATA:
CONCRETE SIDEWALK OTHERWISE NOTED. SITE:
OVERALL 34.30 ACRES
CONCRETE PAVEMENT CONCRETE GUTTER PAN TO TIP IN THE SAME DIRECTION AS THE ADJACENT PAVEMENT. GVSU (EXST) 2.28 ACRES
CONDO (EXST) 1.35 ACRES
STANDARD DUTY BITUMINOUS THE LAST THREE FEET OF ALL CURBS SHALL BE DUBBED DOWN UNLESS OTHERWISE NOTED. OFFICE (EXST) 1.77 ACRES PROJECT
RIGHT OF WAY 3.79 ACRES
HEAVY DUTY BITUMINOUS ALL PAVEMENT MARKINGS SHALL BE 4" WIDE. STANDARD PARKING SPACES SHALL BE MARKED IN
YELLOWAND BARRIER FREE SPACESBLUE
IN . EACH BARRIER FREE SPACE SHALL BE PROVIDED ZONED: FORM BASED CODE-MAINSTREET WATERFRONT (FBC-MSW)
GRAVEL WITH A PAINTED PAVEMENT SYMBOL, A PRECAST CONCRETE BUMPER BLOCK, AND A SIGN PER THE USE: MIXED USE 2009082GR
MANUAL OF UNIFORM TRAFFIC CONTROLS.
BRICK / STAMPED CONCRETE
N SHEET
STANDARD CURB & GUTTER PARKING & LOADING AREAS MUST BE PAVED & STRIPED. PARKING DATA: THE EXISTENCEAND LOCATIONOF ANY UNDERGROUNDUTILITY PIPES, CONDUITSOR
STRUCTURESSHOWNON THESEPLANSWAS OBTAINEDBY A SEARCHOF THE AVAILABLE
CENTER LINE
ALL BUILDINGS MUST BE CONSTRUCTED 1 -FOOT ABOVE THE 100 YEAR FLOOD PLAIN PROPOSED PARKING: 874 SPACES
PROPERTY LINE RECORDS.THE CONTRACTORIS REQUIREDTO TAKEDUEPRECAUTIONARY MEASURESTO
DITCH OUTDOOR AND ROOFTOP MECHANICAL EQUIPMENT AND OUTDOOR STORAGE WILL BE SCREENED. PARKING SPACE: 8' x 18' PROTECTTHE UTILITYLINESSHOWNON THESEDRAWINGS.THE CONTRACTORFURTHER
ASSUMESALL LIABILITY AND RESPONSIBILITYFOR THE UTILITY PIPES, CONDUITSOR
CIVIL OVERALL LAYOUT
DRIVE AISLE: 12' ONE WAY
FENCE
ALL COMMERICIAL & INDUSTRIAL USES HAVE A DESIGNATED LOADING AREA FOR DELIVERY TRUCKS. 22' TWO WAY STRUCTURESSHOWNOR NOT SHOWNON THESE DRAWINGS.THE CONTRACTORSHALL PLAN
POTHOLE ALL EXISTING UTILITIES TO VERIFY THE LOCATIONAND ANY DISCREPANCY
0 100' 200'
BETWEEN THE PLANS SHALL BE BROUGHT TO THE ATTENTION OF THE DESIGN ENGINEER.
FINAL LAYOUT DESIGN WILL BE PART OF EACH INDIVIDUAL LOT'S SITE PLAN
C-102
PARADIGMDESIGN
6'
MUSKEGON LAKE ARCHITECTS | ENGINEERS
34.
2
550 3 Mile NW, Suite B
Grand Rapids, MI 49544
(616) 785-5656
54'
R3'
Grand Rapids | Phoenix | Traverse City
www.paradigmae.com
20'
25'
8'
33.
26'
26'
20'
2'
16.
20'
54' 12' 22'
54'
20'
56.
84'
10'
20'
54'
26'
22.
6'
26'
15'
29.
SH IDIAN
STEVE J. ACHRAM
ES
MI - REGISTRATION #6201054728
44' EXP. DATE 10/03/2023
OR
12.
VIR
2 5 '
R6' PROJECT
54'
10'
EXISTING
HARBOR 31
R15'
10'
22'
'
22.6
9'
5'
26.
5
18'
5'
2
EXISTING
26.
20'
18'
12'
42'
24'
8' 12'
12'
72'
5'
R14.
103
104
3.1
6'
6' 1
MATCHLINE - SEE SHEET C-
23'
MATCHLINE - SEE SHEET C-
0'
R14.
12.
EXISTING GRAND VALLEY STATE UNIVERSITY 40'
R5.5
' PLANNED UNIT
R5.5'
5'
DEVELOPMENT
6'
52'
8'
10.
40' 6' R9
.5'
25'
6'
'
10'
R9.5
6' 6'
CITY OF MUSKEGON, MICHIGAN
5'
R9.5'
18' R9.5'
6'
R4.
18'
40' 5.53'
10' APPLICANT
18.5' 24' 8'
56' 52' 18'
HARBOR 31, LLC
E
LAC
' 19.5 +-
R9.5 19.5 +-
2325 BELMONT
NP
40' 6
52' 26'
R9.5'
'
IDIA
108
PROPOSED LEGEND
CENTER DRIVE
12'
18' 10'
8
6'
VIR
5
SIGN HYDRANT
BELMONT, MI 49306
6'
WATER METER
R9
R4'
WM
16.97'
.12
TERRACE STREET
3 8' 18'
BP
BUMP POST
24'
'
18' 22' LIGHT POLE
60'
8 R10'
12'
CONCRETE SIDEWALK
616-458-5554
72'
CONCRETE PAVEMENT
18'
7
17'
5 10'
52.
R3 8.5 STANDARD DUTY BITUMINOUS
.5' ' 20
R4
3
30.
5
'
+- HEAVY DUTY BITUMINOUS
33'
18. RELEASE DATE
6 ' R25.2
65.
10' 18'
24. 10' 8.5'
5 ' 6 GRAVEL
' 6' DATE DESCRIPTION
40'
230
VIR
3'
R1
7'
.68 0' 24'
8 ' R1 IDIA 18' BRICK / STAMPED CONCRETE
9.5
18' 24'
1.5
18.5'
ND 80' 11/19/2020 PUD AMENDMENT
'
14 14
FUTURE HOTEL RIV STANDARD CURB & GUTTER
5'
R4'
14 R/W
E
11.
HARBOR 31 LANDSCAPE CURB
5'
R9. COMMONS
Thursday, November-19-2020 at 1:53pm W:\2009084GR Harbor 31 – Overall Site\Drawings - 2009084GR\Civil\PUD\084C-103.dwg rjoe
10 CENTER LINE
.5'
6'
18
PROPERTY LINE
43'
.5'
R25.78'
R3
4
.5'
W
R\ '
R4.5'
66
18
18.5' 20.31'
'
24
24
11 R4' ' EXISTING LEGEND
5
24
'
18
3
5'
20.76'
11.
.5' ' '
R2.5'
11
.5 '
18 R1.
5 R3.5 5' SIGN TRASH ENCLOSURE
12.
5' 3.05' 18 R3. 13
24.5'
R
R4'
R9
R4
R4'
7' 24 . .5' CURB & GUTTER
.5'
24'
5' R9.5
.5'
.5' CENTER LINE
R1
18. ' 13
.5'
R3
R3 5'
R14
8.5
10 PROPERTY LINE
18.5'
13
'
R3
6'
.5
5'
6' 38.28' DITCH
.5'
'
R3.
R50
HARBOR 31
24.5
5'
OFFICE
R3.
9 4
' 1
66.2'
R/W
32.89' 22.07'
6'
18.5
GENERAL LAYOUT NOTES:
8.5'
'
7
.5
24
'
TRACK
R1.5'
R3
.5'
ROAD
.5'
I L
18
A
24'
FINAL LAYOUT DESIGN WILL BE PART OF EACH INDIVIDUAL LOT'S SITE PLAN
12 C S X R
'
24
.5'
18.5
R3 R3.5' PROJECT
'
'
18
'
R28
8
R1.5'
.5'
2009082GR
R3
SHORELINE DR
'
.66
40
9
10 25'
N SHEET
' THE EXISTENCEAND LOCATIONOF ANY UNDERGROUNDUTILITY PIPES, CONDUITSOR
R3.5' STRUCTURESSHOWNON THESEPLANSWAS OBTAINEDBY A SEARCHOF THE AVAILABLE
RECORDS.THE CONTRACTORIS REQUIREDTO TAKEDUEPRECAUTIONARY MEASURESTO
13
R30' PROTECTTHE UTILITYLINESSHOWNON THESEDRAWINGS.THE CONTRACTORFURTHER
ASSUMESALL LIABILITY AND RESPONSIBILITYFOR THE UTILITY PIPES, CONDUITSOR
CIVIL DETAILED LAYOUT
PLAN - WEST
R4.5'
R3.5
STRUCTURESSHOWNOR NOT SHOWNON THESE DRAWINGS.THE CONTRACTORSHALL
POTHOLE ALL EXISTING UTILITIES TO VERIFY THE LOCATIONAND ANY DISCREPANCY
'
0 50' 100'
BETWEEN THE PLANS SHALL BE BROUGHT TO THE ATTENTION OF THE DESIGN ENGINEER.
C-103
R1
5.5'
PROPOSED LEGEND PARADIGMDESIGN
SIGN HYDRANT
ARCHITECTS | ENGINEERS
WM WATER METER
BP
BUMP POST LIGHT POLE TRASH ENCLOSURE 550 3 Mile NW, Suite B
Grand Rapids, MI 49544
(616) 785-5656
CONCRETE SIDEWALK
CONCRETE PAVEMENT Grand Rapids | Phoenix | Traverse City
www.paradigmae.com
STANDARD DUTY BITUMINOUS
HEAVY DUTY BITUMINOUS
R28'
GRAVEL
R3. BRICK / STAMPED CONCRETE
5'
R28' STANDARD CURB & GUTTER
LANDSCAPE CURB
R3 CENTER LINE
POOL .5' PROPOSED GARAGE
PROPERTY LINE
R3.5'
24"
20' WIDE EASEMENT EXISTING LEGEND
FOR STORM SEWER 25 6
SIGN TRASH ENCLOSURE STEVE J. ACHRAM
21 MI - REGISTRATION #6201054728
6' EXP. DATE 10/03/2023
18. 21 CURB & GUTTER
5' MUSKEGON LAKE PROJECT
CENTER LINE
24' 2
PROPERTY LINE
HARBOR 31
G
18'
DITCH
18'
BOARDWALK FLATS PROPOSED GARAGE
24'
G
R3
.5' 18.
5' 2
0.6 GENERAL LAYOUT NOTES:
WTR G 2'
37'
WTR
WTR
6 FINAL LAYOUT DESIGN WILL BE PART OF EACH INDIVIDUAL LOT'S SITE PLAN
R3.
1'
' 1"
5'
' 8 24
G
SAN
VIRIDIAN DRIVE WT
R
9
125
8' 8
SAN
SAN
'
9 PROPOSED GARAGE
8'
R3
W
R/ '
R3 .5'
66
.5'
G 6 6' R3.5'
18"
18.
R9.5' 5' 36'
25 H3 / DRY DOCKS
' R3
103
18.
SAN 104
.5' 2 5'
MATCHLINE - SEE SHEET C-
MATCHLINE - SEE SHEET C-
R9.5'
PLANNED UNIT
R14.5'
R9.5'
9
DEVELOPMENT
9
WTR
20 18.5' 24' 18' 6' 17'
18' 10'
18"
5'
17.52' 60' 24 7
22' 18' 24' 10
SAN
18' 8' 18'
.5'
R5.5' 3
CITY OF MUSKEGON, MICHIGAN
R24
24.5' R4.5'
'
1.5
R2
R
72'
25.17'
6'
R2.5'
APPLICANT
R3.5'
18. R4.5'
10'
15" ' 5'
.5
HARBOR 31, LLC
'
'
3
14
4.5
26
26.
R1.
20 R
.5'
3
R1
2'
R1
5'
R2
2325 BELMONT
5 5 RY
.5
TERRACE
10' 18'
18' 24' 18' 18' 24' R5. R9.5 ' R1. E RS
18.5' 5' ' 18. 5'
50'
STREET
5 ONC
CENTER DRIVE
SAN
'
'
RE
.5
TRILOGY
25'
R1
26.5'
.5'
R4
EK
4
R1
.5'
13
22
R4.5'
BELMONT, MI 49306
10'
18'
HARBOR 31 COMMONS 10 14 14
24'
15"
14 5' 6' 24' 18' 18' 24' 18.5'
WTR
80' 18.
R/W 5' 9 616-458-5554
24' 15 15 13
18.5' 18. 5'
24' 18' 18' 24' 18.5' 21.79' 5'
30.5'
SAN
131'
98'
'
5'
.5
R9
13 R3.5' R3.5' 6 RELEASE DATE
.5'
R2'
SAN
R9
SAN
R4.5'
R3
.5'
SAN
DATE DESCRIPTION
R4'
24.35'
R4
.5
G
R9
'
25'
.5'
.5'
G
G
R3.5'
'
R3
00
13 G
11/19/2020 PUD AMENDMENT
R14
6'
12
R2
SAN
R2.5'
.5'
SAN
R3
0'
R14
SAN
R1
.5'
Thursday, November-19-2020 at 1:53pm W:\2009084GR Harbor 31 – Overall Site\Drawings - 2009084GR\Civil\PUD\084C-103.dwg rjoe
.5
R9
'
SAN
SAN
.5'
66' R/W
CSX RAILROAD TRACK
WTR
SAN
WTR
WTR
WTR
SAN
NEW SHORELINE DRIVE (BUSINES SAN
S 31 )
SAN
SOUTHBOUND
159' R/W
PROJECT
WTR
NORTHBOUND 2009082GR
N SHEET
THE EXISTENCEAND LOCATIONOF ANY UNDERGROUNDUTILITY PIPES, CONDUITSOR
STRUCTURESSHOWNON THESEPLANSWAS OBTAINEDBY A SEARCHOF THE AVAILABLE
RECORDS.THE CONTRACTORIS REQUIREDTO TAKEDUEPRECAUTIONARY MEASURESTO
PROTECTTHE UTILITYLINESSHOWNON THESEDRAWINGS.THE CONTRACTORFURTHER
ASSUMESALL LIABILITY AND RESPONSIBILITYFOR THE UTILITY PIPES, CONDUITSOR
CIVIL DETAILED LAYOUT
STRUCTURESSHOWNOR NOT SHOWNON THESE DRAWINGS.THE CONTRACTORSHALL PLAN - EAST
POTHOLE ALL EXISTING UTILITIES TO VERIFY THE LOCATIONAND ANY DISCREPANCY
0 50' 100'
BETWEEN THE PLANS SHALL BE BROUGHT TO THE ATTENTION OF THE DESIGN ENGINEER.
C-104
SA
N
M
ST
WT
R MUSKEGON LAKE
PARADIGMDESIGN
GENERAL SANITARY SEWER NOTES:
N
SA
ST
ARCHITECTS | ENGINEERS
M
SITE CONTRACTOR TO END SANITARY LATERAL
5' FROM BUILDING WITH A CLEAN-OUT AND
550 3 Mile NW, Suite B
TEMPORARY CAP. COORDINATE CONNECTION WITH BUILDING PLUMBING CONTRACTOR.
M
ST
Grand Rapids, MI 49544
ST
M (616) 785-5656
SANITARY SEWER PIPE AND FITTINGS SHALL BE PVC PER ASTM D3034,
35 PVC
SDR. JOINTS TO
58
BE ELASTOMERIC SEALS IN ACCORDANCE WITH ASTM F477.
R
WT
8
Grand Rapids | Phoenix | Traverse City
N
SA
www.paradigmae.com
SANITARY SEWER LATERALS AND FITTINGS SHALL BE PVC PER ASTM D3034,
35 PVC
SDR
. JOINTS
TO BE ELASTOMERIC SEALS IN ACCORDANCE WITH ASTM F477. PROPOSED STORM SEWER
M
8
ST
MATERIALS, INSTALLATION, AND TESTING OF SANITARY SEWER SHALL CONFORM
CITY OF
TO 58
MUSKEGONSTANDARDS. 588
GENERAL WATER SERVICE NOTES: SA
N
SITE CONTRACTOR TO END WATER SERVICE(S)
AT 5' FROM BUILDING
WITH A TEMPORARY CAP. 587
M
ST
COORDINATE CONNECTION WITH BUILDING PLUMBING CONTRACTOR.
PROPOSED SANITARY SEWER
SA
N
WATER MAIN SHALL BE DUCTILE IRON PER ANSI/AWWA C151/A21.51, THICKNESS52CLASS
PER
ANSI/AWWA C110/A21.50. FITTINGS SHALL BE DUCTILE IRON PER ANSI/AWWA C110/A21.10,
PRESSURE CLASS 350.
588
SA
N
DOMESTIC SERVICE SHALL BE COPPER, TYPE K, ANNEALED AND SOFT TEMPER PER ASTM B-88.
M
ST
FITTINGS SHALL CONFORM TO ASTM B-88.
PROPOSED WATER MAIN
8
58
SA STEVE J. ACHRAM
588
N
MINIMUM DEPTH OF BURY SHALL5.5
BE FEET. MI - REGISTRATION #6201054728
EXP. DATE 10/03/2023
FIRE HYDRANT SHALL CONFORMCITY
TO OF MUSKEGON
STANDARDS. PROJECT
UG
-T
G
HARBOR 31
ST
MATERIALS, INSTALLATION, AND TESTING OF WATER SERVICE LINES SHALL CONFORM
CITY TO M
M
ST
OF MUSKEGONSTANDARDS AND THE STATE PLUMBING CODE. 586
STM
GENERAL STORM SEWER NOTES: ST
M
588
SAN
STORM SEWER PIPE SHALL BE SMOOTH INTERIOR CORRUGATED POLYETHYLENE PIPE PER PROPOSED WATER MAIN
AASHTO M294 TYPE S. JOINTS SHALLWATER
BE TIGHT IN ACCORDANCE WITH ASTM .F477
24"
ST
M
M
ST
MATERIALS, INSTALLATION, AND TESTING OF THE STORM SEWER SYSTEM SHALL CONFORM TO
CITY OF MUSKEGONSTANDARDS.
STM
WT
G
R
WT
R
M
UG
ST
R
-
WT
T
ST
M
WT
R WT
R
587
M
ST
18" G
G
WT WT
R R STM
18"
STM
M
6
ST
00
ST
MATCHLINE - SEE SHEEC-T10
G
"
87.
M
18
G
UG
PLANNED UNIT
-T
=5
LEV
G
M
DEVELOPMENT
G
ST
M
WTR
ST
. E
WTR
STM
WTR
PROPOSED STORM SEWER
WTR
F.F
R
WT
00
G
87.
SAN
=5
SAN
SAN
LEV
SAN
.00
. E
587
CITY OF MUSKEGON, MICHIGAN
M
ST
F.F
TR
W
G
=
00
LEV
STM
87.
18"
SAN
=5
. E
APPLICANT
F.F
LEV
G
7
58
58
M
ST
7
. E
FINISH FLOOR ELEV = 588.0
0 HARBOR 31, LLC
00
.00
F.F
87.
587
58
6
2325 BELMONT
=5
PROPOSED SANITARY SEWER
V=
LEV
ELE CENTER DRIVE
STM
SAN
PROPOSED WATER MAIN
. E
G
15
R
.00
WTR
WT
"
BELMONT, MI 49306
.
F.F
F.F
587
M
ST
ST
18"
M
=
6
LEV
58
FIBER
. E
PROPOSED STORM SEWER
00
F.F
FIBER
87.
WT
616-458-5554
=5
R
G
SA
STM
R
N
WT
SAN
V
LE
M
ST
. E
F.F
.
587
ELE
F.F
WT
R
V=
587 15" PROPOSED LEGEND RELEASE DATE
SA
N .00
00
CO
. 90° BEND MANHOLE CLEAN OUT DATE DESCRIPTION
587
G
WT
R
V= WV
ELE TEE CATCH BASIN WATER VALVE
M
SAN
. 11/19/2020 PUD AMENDMENT
ST
F.F. ELEV = F.F
N
586
SA
586
G 587.0 0 TR
W
PIPE PLUG HYDRANT
Thursday, November-19-2020 at 1:54pm W:\2009084GR Harbor 31 – Overall Site\Drawings - 2009084GR\Civil\PUD\084C-105.dwg rjoe
SAN
G
586
N
SA
7
FINISH FLOOR ELEV = 587.50
WT
58
R
G
PROPOSED STORM SEWER CONCRETE SIDEWALK
WTR
G SA
N
G WTR
CONCRETE PAVEMENT
15"
N
SA
WTR
SAN
WT
STM
587
R
STANDARD DUTY BITUMINOUS
15" STM
STANDARD CURB & GUTTER
SAN
STM R
WT
PROPERTY LINE
G
680 CONTOUR LINE
587
G
G SAN
WTR
WTR
WTR G WATER MAIN
FINISH FLOOR ELEV = 587.50
PROPOSED STORM SEWER WTR
G
SANITARY SEWER
SAN
SAN
G
STORM SEWER
UNDERDRAIN
586
SURFACE FLOW ARROW 675.00 FG PROPOSED SPOT GRADE
585
FG FINISHED GROUND TC TOP OF CURB GRADE
FL FLOW LINE GRADE SW SIDEWALK GRADE
SAN
RIM STRUCTURE RIM ELEVATION CON CONCRETE GRADE PROJECT
SAN
SAN
MX MATCH EXISTING ELEVATION BIT BITUMINOUS GRADE
SAN
SAN
2009082GR
SAN
N SHEET
THE EXISTENCEAND LOCATIONOF ANY UNDERGROUNDUTILITY PIPES, CONDUITSOR
STRUCTURESSHOWNON THESEPLANSWAS OBTAINEDBY A SEARCHOF THE AVAILABLE
RECORDS.THE CONTRACTORIS REQUIREDTO TAKEDUEPRECAUTIONARY MEASURESTO
SA
N PROTECTTHE UTILITYLINESSHOWNON THESEDRAWINGS.THE CONTRACTORFURTHER
ASSUMESALL LIABILITY AND RESPONSIBILITYFOR THE UTILITY PIPES, CONDUITSOR
CIVIL UTILITY & GRADING
STRUCTURESSHOWNOR NOT SHOWNON THESE DRAWINGS.THE CONTRACTORSHALL PLAN - WEST
POTHOLE ALL EXISTING UTILITIES TO VERIFY THE LOCATIONAND ANY DISCREPANCY
0 50' 100'
BETWEEN THE PLANS SHALL BE BROUGHT TO THE ATTENTION OF THE DESIGN ENGINEER.
C-105
SA
N
GENERAL SANITARY SEWER NOTES:
SITE CONTRACTOR TO END SANITARY LATERAL
5' FROM BUILDING WITH A CLEAN-OUT AND PROPOSED LEGEND
TEMPORARY CAP. COORDINATE CONNECTION WITH BUILDING PLUMBING CONTRACTOR. CO
90° BEND MANHOLE CLEAN OUT
MUSKEGON LAKE
SANITARY SEWER PIPE AND FITTINGS SHALL BE PVC PER ASTM D3034,
35 PVC
SDR. JOINTS TO WV
WATER VALVE
TEE CATCH BASIN
BE ELASTOMERIC SEALS IN ACCORDANCE WITH ASTM F477.
PIPE PLUG HYDRANT
SANITARY SEWER LATERALS AND FITTINGS SHALL BE PVC PER ASTM D3034,
35 PVC
SDR
. JOINTS
TO BE ELASTOMERIC SEALS IN ACCORDANCE WITH ASTM F477.
CONCRETE SIDEWALK PARADIGMDESIGN
MATERIALS, INSTALLATION, AND TESTING OF SANITARY SEWER SHALL CONFORM
CITY OF
TO
MUSKEGONSTANDARDS. ARCHITECTS | ENGINEERS
CONCRETE PAVEMENT
GENERAL WATER SERVICE NOTES: STANDARD DUTY BITUMINOUS 550 3 Mile NW, Suite B
Grand Rapids, MI 49544
STANDARD CURB & GUTTER (616) 785-5656
SITE CONTRACTOR TO END WATER SERVICE(S)
AT 5' FROM BUILDING
WITH A TEMPORARY CAP.
COORDINATE CONNECTION WITH BUILDING PLUMBING CONTRACTOR. PROPERTY LINE
680 CONTOUR LINE Grand Rapids | Phoenix | Traverse City
www.paradigmae.com
WATER MAIN SHALL BE DUCTILE IRON PER ANSI/AWWA C151/A21.51, THICKNESS52CLASS
PER WATER MAIN
ANSI/AWWA C110/A21.50. FITTINGS SHALL BE DUCTILE IRON PER ANSI/AWWA C110/A21.10, SANITARY SEWER
PRESSURE CLASS 350. STORM SEWER
DOMESTIC SERVICE SHALL BE COPPER, TYPE K, ANNEALED AND SOFT TEMPER PER ASTM B-88. UNDERDRAIN
FITTINGS SHALL CONFORM TO ASTM B-88. SURFACE FLOW ARROW 675.00 FG PROPOSED SPOT GRADE
MINIMUM DEPTH OF BURY SHALL5.5
BEFEET. FG FINISHED GROUND TC TOP OF CURB GRADE
M
586
ST
585
FIRE HYDRANT SHALL CONFORMCITY
TO OF MUSKEGON
STANDARDS. FL FLOW LINE GRADE SW SIDEWALK GRADE
PROPOSED STORM SEWER
RIM STRUCTURE RIM ELEVATION CON CONCRETE GRADE
MATERIALS, INSTALLATION, AND TESTING OF WATER SERVICE LINES SHALL CONFORM
CITY TO
OF MUSKEGONSTANDARDS AND THE STATE PLUMBING CODE. MX MATCH EXISTING ELEVATION BIT BITUMINOUS GRADE
GENERAL STORM SEWER NOTES:
M
ST
24"
STORM SEWER PIPE SHALL BE SMOOTH INTERIOR CORRUGATED POLYETHYLENE PIPE PER
AASHTO M294 TYPE S. JOINTS SHALLWATER
BE TIGHT IN ACCORDANCE WITH ASTM .F477 STEVE J. ACHRAM
586
MI - REGISTRATION #6201054728
585 EXP. DATE 10/03/2023
MATERIALS, INSTALLATION, AND TESTING OF THE STORM SEWER SYSTEM SHALL CONFORM TO
CITY OF MUSKEGONSTANDARDS. PROJECT
M
ST
HARBOR 31
G
586
G
G FINISH FLOOR ELEV = 587.67
WTR
STM
WTR G
WTR
WTR
G
M
ST
FINISH FLOOR ELEV = 587.00
24"
WT
R
SAN
SAN
SAN
G
586
586
STM
M
W
18"
ST
TR
SAN
G
7
58
58
7
5
MATCHLINE - SEE SHEEC-T10
FINISH FLOOR ELEV = 588.00
PLANNED UNIT
DEVELOPMENT
STM
WT
SAN
R
WTR
18"
585
M
ST
FIBER
FIBER
PROPOSED WATER MAIN PROPOSED STORM SEWER CITY OF MUSKEGON, MICHIGAN
STM
SAN
585
APPLICANT
15"
586
HARBOR 31, LLC
587
RY
E RS
O
2325 BELMONT
NC
CENTER DRIVE
SAN
585
FINISH FLOOR ELEV = 586.70 RE
586
EK
PROPOSED
585 SANITARY SEWER BELMONT, MI 49306
586
15"
WTR
586
FINISH FLOOR ELEV = 587.00 616-458-5554
SAN
587 PROPOSED STORM SEWER
PROPOSED STORM SEWER
5
RELEASE DATE
58
SAN
SAN
G SAN
DATE DESCRIPTION
SAN
G
SAN
G
G
6
G
11/19/2020 PUD AMENDMENT
58
G
586
SAN
SAN
SAN
587
SAN
Thursday, November-19-2020 at 1:54pm W:\2009084GR Harbor 31 – Overall Site\Drawings - 2009084GR\Civil\PUD\084C-105.dwg rjoe
586
587
58
SAN
58
6
58
5
7
SAN
CSX RAILROAD TRACK PROPOSED WATER MAIN
WTR
SAN
WTR
WTR
WTR
WTR
SAN
SAN
SAN
NEW SHORELINE DRIVE (BUSINES
SAN
S 31 )
WTR
SOUTHBOUND
PROJECT
NORTHBOUND 2009082GR
N
WTR
THE EXISTENCEAND LOCATIONOF ANY UNDERGROUNDUTILITY PIPES, CONDUITSOR SHEET
STRUCTURESSHOWNON THESEPLANSWAS OBTAINEDBY A SEARCHOF THE AVAILABLE
GENERAL NOTES: RECORDS.THE CONTRACTORIS REQUIREDTO TAKEDUEPRECAUTIONARY MEASURESTO
FINAL GRADING AND UTILITY DESIGN WILL BE PART OF EACH INDIVIDUAL LOT'S SITE PLAN
PROTECTTHE UTILITYLINESSHOWNON THESEDRAWINGS.THE CONTRACTORFURTHER
ASSUMESALL LIABILITY AND RESPONSIBILITYFOR THE UTILITY PIPES, CONDUITSOR
CIVIL UTILITY & GRADING
STRUCTURESSHOWNOR NOT SHOWNON THESE DRAWINGS.THE CONTRACTORSHALL PLAN - EAST
POTHOLE ALL EXISTING UTILITIES TO VERIFY THE LOCATIONAND ANY DISCREPANCY
0 50' 100'
BETWEEN THE PLANS SHALL BE BROUGHT TO THE ATTENTION OF THE DESIGN ENGINEER.
C-106
PARADIGMDESIGN
ARCHITECTS | ENGINEERS
550 3 Mile NW, Suite B
Grand Rapids, MI 49544
(616) 785-5656
Grand Rapids | Phoenix | Traverse City
MUSKEGON LAKE www.paradigmae.com
R34'
PROPOSED FIRE HYDRANT
LOCATION FL FL
R8'
FL
FL
26'
FL
FL
26'
FL
FL
R34'
FL
FL
R28'
120'
R6'
FL
R28'
FL
EXISTING FIRE HYDRANT STEVE J. ACHRAM
15'
FL
MI - REGISTRATION #6201054728
R LOCATION EXP. DATE 10/03/2023
FL
FL
R41' PROJECT
FL
FL
FL
FL
EXISTING FIRE HYDRANT
LOCATION
WT
R FL WT
R
EXISTING FIRE HYDRANT
LOCATION
24'
HARBOR 31
FL
FL
24'
FL
FL
FL
FL
PROPOSED FIRE HYDRANT FL
WTR
FL
LOCATION
WTR
31'±
FL
VIRIDIAN DRIVE
FL
FL
FL
FL
FL FL
FL
R10'
FL
RY
ER
26' 12'
FL
20' S
FL
ON
24'
FL
CR
R28'
FL
EXISTING FIRE HYDRANT EE
K
TERRACE STREET
LOCATION R36'
R
0'
WT
R2
FL
FL
R3
FL
FL
8'
R2
FL
FL
FL
FL
FL
6'
FL
FL
'
R24
FL
FL
FL
WT FL
R
FL
VIR
IDIA
ND
FL 150' 25'
PLANNED UNIT
R10'
DEVELOPMENT
FL
RIV
FL
26'
R34'
FL
E
FL
26'
FL
FL
FL
24' 24'
WT R3
0'
R
24. R1 24'
0'
FL
FL
0'
FL
5' R1
FL
30'
FL
'
FL
24
FL
R10
FL
FL
FL
'
24'
WTR
FL FL
CITY OF MUSKEGON, MICHIGAN
WTR
FL
FL
R1
FL FL
R3
FL
4'
0'
FL
24.5'
FL FL FL
FL
AD TRACK
24'
R2
FL
X RAILRO EXISTING FIRE HYDRANT
FL
0'
FL
CS APPLICANT
FL
FL FL
LOCATION
CSX RAILROAD TRACK
HARBOR 31, LLC
2325 BELMONT
CENTER DRIVE
WTR
WTR
NEW SHORELINE DRIVE (BUSINES
WTR
S 31) SOUTHBOUND BELMONT, MI 49306
WTR
NORTHBOUND
85 9'1
N4
.84 5"W
6°
'
0
616-458-5554
RELEASE DATE
DATE DESCRIPTION
11/19/2020 PUD AMENDMENT
Thursday, November-19-2020 at 1:54pm W:\2009084GR Harbor 31 – Overall Site\Drawings - 2009084GR\Civil\PUD\084C-107.dwg rjoe
GENERAL NOTES:
FINAL HYDRANT DESIGN WILL BE PART OF EACH INDIVIDUAL LOT'S SITE PLAN
PROPOSED LEGEND
FIRE APPARATUS ACCESS ROAD
WATER MAIN
FL FL FIRE LANE (NOT MARKED IN FIELD) PROJECT
2009082GR
N SHEET
THE EXISTENCEAND LOCATIONOF ANY UNDERGROUNDUTILITY PIPES, CONDUITSOR
STRUCTURESSHOWNON THESEPLANSWAS OBTAINEDBY A SEARCHOF THE AVAILABLE
RECORDS.THE CONTRACTORIS REQUIREDTO TAKEDUEPRECAUTIONARY MEASURESTO
PROTECTTHE UTILITYLINESSHOWNON THESEDRAWINGS.THE CONTRACTORFURTHER
ASSUMESALL LIABILITY AND RESPONSIBILITYFOR THE UTILITY PIPES, CONDUITSOR FIRE ACCESS PLAN
STRUCTURESSHOWNOR NOT SHOWNON THESE DRAWINGS.THE CONTRACTORSHALL
POTHOLE ALL EXISTING UTILITIES TO VERIFY THE LOCATIONAND ANY DISCREPANCY
0 100' 200'
BETWEEN THE PLANS SHALL BE BROUGHT TO THE ATTENTION OF THE DESIGN ENGINEER.
C-107
PARADIGMDESIGN
ARCHITECTS | ENGINEERS
550 3 Mile NW, Suite B
Grand Rapids, MI 49544
(616) 785-5656
Grand Rapids | Phoenix | Traverse City
www.paradigmae.com
MUSKEGON LAKE
STEVE J. ACHRAM
MI - REGISTRATION #6201054728
EXP. DATE 10/03/2023
PROJECT
HARBOR 31
APPROXIMATE EDGE
OF WATER
VIRIDIAN DRIVE
EASEMENT TO CONSUMERS ENERGY
PER LIBER 3630, PAGE 646 &
LIBER 3652, PAGE 851
PROPOSED LIGHT
EASEMENT TO CONSUMER ENERGY
TERRACE STREET
(TYP)
PER LIBER 3630, PAGE 646 &
LIBER 3652, PAGE 851
VIR
IDIA
ND 10' WIDE EASEMENT
PLANNED UNIT
RIV
E FOR STORM SEWER DEVELOPMENT
20' WIDE EASEMENT TO
CONSUMERS ENERGY PER
LIBER 3591, PAGE 578
CITY OF MUSKEGON, MICHIGAN
20' WIDE EASEMENT
ACK
ROAD TR FOR STORM SEWER
CSX RAIL APPLICANT
CSX RAILROAD TRACK
HARBOR 31, LLC
CSX RAILROAD
2325 BELMONT
R/W
NEW SHORELINE DRIVE (BUSINES CENTER DRIVE
S 31) SOUTHBOUND BELMONT, MI 49306
NORTHBOUND
616-458-5554
RELEASE DATE
DATE DESCRIPTION
11/19/2020 PUD AMENDMENT
Thursday, November-19-2020 at 1:54pm W:\2009084GR Harbor 31 – Overall Site\Drawings - 2009084GR\Civil\PUD\084C-108.dwg rjoe
PROPOSED LEGEND
LIGHT POLE
STANDARD CURB & GUTTER
INVERTED CURB & GUTTER GENERAL NOTES:
BITUMINOUS VALLEY GUTTER
LANDSCAPE CURB FIXTURES AND POLES SHALL BE NO MORE THAN 25-FEET HIGH AND SHALL BE 100% "CUT OFF" TYPE
TO PREVENT LIGHT FROM BLEEDING OR GLARING ONTO ROADWAYS OR ADJACENT PROPERTIES.
CENTER LINE PROJECT
PROPERTY LINE FINAL LIGHTING DESIGN WILL BE PART OF EACH INDIVIDUAL LOT'S SITE PLAN
DITCH
POND / BASIN 2009082GR
FENCE
GUARDRAIL
N SHEET
THE EXISTENCEAND LOCATIONOF ANY UNDERGROUNDUTILITY PIPES, CONDUITSOR
OH-E OH-E OVERHEAD ELECTRIC STRUCTURESSHOWNON THESEPLANSWAS OBTAINEDBY A SEARCHOF THE AVAILABLE
OH-T OH-T OVERHEAD TELEPHONE RECORDS.THE CONTRACTORIS REQUIREDTO TAKEDUEPRECAUTIONARY MEASURESTO
PROTECTTHE UTILITYLINESSHOWNON THESEDRAWINGS.THE CONTRACTORFURTHER
ASSUMESALL LIABILITY AND RESPONSIBILITYFOR THE UTILITY PIPES, CONDUITSOR
CIVIL OVERALL LIGHT
STRUCTURESSHOWNOR NOT SHOWNON THESE DRAWINGS.THE CONTRACTORSHALL PLAN
POTHOLE ALL EXISTING UTILITIES TO VERIFY THE LOCATIONAND ANY DISCREPANCY
0 100' 200'
BETWEEN THE PLANS SHALL BE BROUGHT TO THE ATTENTION OF THE DESIGN ENGINEER.
C-108
Kevin B. Even
Direct:231-724-4336
keven@shrr.com
900 Third Street, Suite 204
Muskegon, MI 49440
Phone: 231-724-4320 Fax: 231-724-4330
December 10, 2020
Mr. Mike Franzak VIA EMAIL: mike.franzak@shorelinecity.com
City of Muskegon
Planning Director
933 Terrace St.
Muskegon, MI 49440-1397
RE: Harbor 31, proposed PUD Amendment.
Dear Mr. Franzak:
Please be advised that the law firm of Smith Haughey Rice & Roegge represents Lake Front
Condominium Association, Inc., who owns property affected by the proposed Harbor 31 PUD
Amendment. I write to you now regarding the hearing to take place later this afternoon regarding the
proposed amendment. In reviewing the proposal, I note the applicant is proposing a marina allowing for
100+/- boat docks. From what I can see the proposed boat docks appear to trespass upon my client’s
riparian rights.
Please note for the record that my client objects to the proposed amendment and I submit it would be
irresponsible for the City to approve the PUD Amendment without the benefit of a riparian survey. The
City should require that the applicant provide the planning department with a certified riparian survey
prior to acting on the application. Failure to do so will only invite unnecessary litigation that could
potentially be avoided by addressing this issue now rather than later.
Mr. Thomas Vitale from my office will be participating in the hearing this afternoon and will be
available to answer any questions regarding any of the foregoing or to address any issues that might
come up during the hearing.
Sincerely,
Kevin B. Even
KBE
cc: Client
Thomas Vitale
Ann Arbor Grand Rapids Holland Muskegon www.shrr.com
SHRR\5068178.v1
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