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C I TY OF M US K EG O N
CITY COMMISSION MEETING
DECEMBER 14, 2021 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS, AWARDS, AND PRESENTATIONS:
A. Lakeshore Art Festival Sustainability Award
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Fireworks Display Permit for City of Muskegon City Clerk
C. Farmers Market Heating & HVAC City Clerk
D. FY22 Municipal Senior Millage Funding Community & Neighborhood
Services
E. Extension of Temporary Employment Services Agreement EEO &
Employee Relations
F. Non-Union Part Time and Limited Term Wage Matrix EEO & Employee
Relations
G. MDOT Property Purchase Public Works
H. National Highway System (NHS) Revisions Public Works
I. Project 91851(Spring & Yuba Streets) – Change Orders & Engineering
Services Amendment Public Works
J. Edgewater Resources Engineering Services Agreement Public Works
K. Project 92002 Change Order #003 - Peck Street from Merrill to Apple Public
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Works
L. Arena Vending City Manager
M. CSXT Purchase Agreement City Manager
N. Social District 2022 Fee Economic Development
□ PUBLIC HEARINGS:
A. Infill Housing Project Brownfield Plan Public Hearing (3rd Amendment)
Economic Development
B. Lakeside Corridor Improvement Authority Development and TIF Plan Public
Hearing Development Services
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Housing Board of Appeals Demolition – 238 Houston Public Safety
B. 2022 SEIU Unit 2 Contract City Manager
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 14, 2021 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the November 23, 2021 Regular Meeting.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the minutes.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 23, 2021 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, November 23, 2021,
Pastor Jeremy Lenertz, First Wesleyan Church, opened the meeting with a
prayer, after which the Commission and public recited the Pledge of Allegiance
to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Dan Rinsema-Sybenga, Willie German, Jr., Ken Johnson, and Teresa Emory, City
Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent: Commissioner Michael Ramsey
HONORS, AWARDS, AND PRESENTATIONS:
A. Years of Service Award/Recognition
The Mayor and Commissioners congratulated and thanked city employees for
various levels of years of distinguished, loyal service. Certificates of Appreciation
were presented to those employees that were in attendance.
B. 2021 Lead Program Success
The City’s Community and Neighborhood Services department achieved a
major milestone of being #1 in the State of Michigan for lead abatement
through the Medicaid CHIP grant. Twenty-five units were made lead safe within
Muskegon County through this work to prevent and treat childhood lead
poisoning.
PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received.
2021-103 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the November 8, 2021
Worksession and the November 9, 2021 Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes.
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B. DDA/BRA Board Resignation City Clerk
SUMMARY OF REQUEST: To accept the resignation of Francena DePung from
the Downtown Development Authority/Brownfield Redevelopment Board,
effective immediately. Term expires 1/31/2023.
STAFF RECOMMENDATION: To accept the resignation.
C. First Quarter Budget Reforecast Finance
SUMMARY OF REQUEST: At this time staff is asking for approval of the 1st Quarter
Budget Reforecast for the FY 2021-22 budget year. In the General Fund we are
now projecting revenues of $34,335,322 and expenses of $36,081,416 for a net
loss of $1,746,094. The Finance Director’s First Quarter Budget Reforecast
highlights are provided in the packet.
STAFF RECOMMENDATION: To approve the 1st Quarter FY2021-22 Budget
Reforecast as presented.
D. Extension of the CDBG Program Administration Agreement between
Norton Shores and City of Muskegon for Fiscal Year 2021 CNS
SUMMARY OF REQUEST: To approve a one-year extension of the 2019-2020
CDBG Program Administration Agreement between Norton Shores and City of
Muskegon to cover July 1, 2021 through June 30, 2022.
Norton Shores is requesting a one-year extension of the two-year CDBG
Programs Administrative Agreement.
STAFF RECOMMENDATION: To approve a one-year extension of the CDBG
Program Administration Agreement between Norton Shoes and City of
Muskegon from July 1, 2021-June 30 2022.
E. Brownfield Development & Reimbursement Agreement, Adelaide Pointe
QOZB, LLC (Adelaide Pointe Project) 1148 and 1204 West Western Avenue
Economic Development
SUMMARY OF REQUEST: Approval of the Brownfield Development and
Reimbursement Agreement for the Adelaide Pointe Project QOZB, LLC
(Adelaide Pointe Project) and to consider the resolution.
The project seeks to transform the 35-acre site into a development that will
expand public access to waterfront activities through the creation of a 280-slip
marina, up to 400 new residential condominium units, dry stack marina and boat
storage, and commercial/retail space. Plans for the site have begun and will
continue through Fall 2030. Total private investment, not including property
acquisition, is approximately $250 million.
The Brownfield Plan Amendment was approved by the Authority on October 12,
2021 and the City Commission on October 26, 2021. The Brownfield Plan is for a
period of 30 years and includes total Brownfield Eligible Activity costs estimated
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at $66,775,378; which includes $54,166,757 of Developer Eligible Activities and
$12,608,621 of City Eligible Activities. The property is within the DDA and it is
anticipated that all taxes captured will go towards the Brownfield TIF during the
life of the Plan.
Developer Eligible Activity expenses include – due care, environmental response
activities, asbestos, demolition, site preparation, infrastructure improvements,
Brownfield Plan preparation, administration costs, and interest expenses (5%).
City Eligible Activity expenses include – roadways, water and sewer
infrastructure, boat ramp/lift well and site preparation.
The Development & Reimbursement Agreement outlines the procedures for the
Authority to reimburse the City and Developer for eligible expenses within the
Brownfield Plan. The Authority shall first pay 100% of the available Brownfield TIF
Revenue to the City to reimburse the costs of City Eligible Activities. The
Authority, following reimbursement to the City, shall pay 100% of the available
Brownfield TIF Revenue to the Developer to reimburse the cost of Developer
Eligible Activities. The Developer and City will provide the BRA a request for
payment of eligible expenses. The BRA has 30 days to approve the request.
Payments are made on a semi-annual basis when incremental local taxes are
captured and available. The BRA approved this Agreement at its November 9,
2021 meeting.
STAFF RECOMMENDATION: Approval of the Adelaide Pointe QOZB, LLC
Brownfield Development and Reimbursement Agreement and authorize the
Mayor and City Clerk to sign.
H. MMRMA Settlement Agreement EEO & Employee Relations
SUMMARY OF REQUEST: On July 24, 2021 the property of Don & Thearetta Bailey
at 1360 8th Street sustained damages due to a sewer backup. Mrs. Bailey filed a
claim with the City of Muskegon on July 26, 2021. Michigan Municipal Risk
Management Authority known as MMRMA represents the City of Muskegon with
its self-insurance program. We have negotiated a settlement agreement for the
mitigation/clean-up of the property, and for damaged and lost property in the
amount of $30,000.
AMOUNT REQUESTED: $30,000 FUND OR ACCOUNT: Insurance Fund
STAFF RECOMMENDATION: Approve $30,000 as final settlement of the claim
for 1360 Eighth Street, for services and loss associated with the claim from July
24, 2021.
I. Bridge Bundle #1 – Removal of Ottawa Bridge Public Works
SUMMARY OF REQUEST: Staff is seeking formal resolution and support confirming
concurrence for bridge removal of the Ottawa Street Bridge.
Staff is seeking funds from the Michigan Department of Transportation (MDOT)
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Bridge Bundle #1 program. MDOT piloted a Bridge Bundle program last year with
the hopes of reducing the number of critical condition bridges by combining
several bridges into one package. More information about the program and an
online tracking tool can be found here:
https://www.michigan.gov/som/0,4669,7-192-47796-564509--,00.html
MDOT is seeking a formal resolution of commitment and support.
Ottawa Street Bridge: This bridge only serves Richards Park and is already closed
to traffic via concrete barriers. It is open to pedestrians. At this time, the city has
no plans to replace the bridge. Staff is recommending a resolution of
commitment and support to remove the Ottawa Street Bridge.
STAFF RECOMMENDATION: Approve the Resolution of Commitment and
Support for the Statewide Local Agency Bridge Bundle Program and authorize
the Mayor and Clerk to sign.
J. Sale – 434 Abbey Street Planning
SUMMARY OF REQUEST: City staff is seeking authorization to sell the City owned
vacant lot at 434 Abbey Street to James Williams.
Mr. Williams would like to purchase the City owned buildable lot at 434 Abbey
for $4,875 (75% of the True Cash Value of $6,500) plus half of the closing costs
and the fee to register the deed. Mr. Williams will be constructing two (2) single-
family homes on the property.
STAFF RECOMMENDATION: Authorize the Code Coordinator to complete the
sale of 434 Abbey Street as described in the purchase agreement and to have
the Mayor and Clerk sign the deed.
K. Approve the re-assignment of Building Contract for 769 Catawba Avenue
CNS
SUMMARY OF REQUEST: To re-award the Building Contract for the rehabilitation
of 769 Catawba Avenue to Custom Exteriors, LLC – Mike Murphy, for the City of
Muskegon’s Homebuyers Program.
The Commission recently approved the rehabilitation contract of 769 Catawba
Avenue to Nassau Construction LLC after the lowest bidder was unable to
continue. Since that time the Lead Abatement work is near completion and
ready for the rehabilitation process. I am requesting that the Rehabilitation
Contract be re-awarded to the original contractor, Mike Murphy of Custom
Exteriors, LLC.
1. Nassau Construction LLC is an abatement contractor for or LEAD Safe
Muskegon Program with 3 current lead units to complete;
2. Custom Builders, LLC is requesting to fulfill its original obligation and ready
to start;
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3. Due to post-pandemic circumstances, CNS supports the re-assignment of
this award to Custom Exteriors, LLC
AMOUNT REQUESTED: $89,264.00 AMOUNT BUDGETED: $110,000
FUND OR ACCOUNT: HOME Program 2020
STAFF RECOMMENDATION: To award Custom Exteriors LLC the rehabilitation
contract in the amount of $89,264.00, for the Community and Neighborhood
Services Office Homebuyers Program.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
accept the consent agenda as presented minus items, F, G, L, M, and N.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, and
German
Nays: None
MOTION PASSES
2021-104 REMOVED FROM CONSENT AGENDA:
F. Brownfield Development & Reimbursement Agreement, Viridian Land
Shores Co, LLC (Viridian Shores at Harbor 31 Redevelopment Project), 150
Viridian Drive Economic Development
SUMMARY OF REQUEST: Approval of the Brownfield Development and
Reimbursement Agreement for the Viridian Land Shores Co, LLC (Viridian Shores
at Harbor 31 Redevelopment Project) and to consider the resolution.
The 3.5-acre property represents a portion of the former Teledyne Continental
Motors industrial facility and would result in the construction of an approximately
63,000 square foot multi-story 118-unit senior living building with surrounding
asphalt parking areas, concrete walkways and landscaping.
The Brownfield Plan Amendment was approved by the Authority on May 11,
2021 and the City Commission on May 25, 2021. The Brownfield Plan is for a
period of 22 years and includes Brownfield Eligible Activity costs estimated at
$4,018,080. The property is within the DDA and it is anticipated that all taxes
captured will go towards the Brownfield TIF during the life of the Plan. Eligible
costs include due care, environmental response activities, demolition, asbestos
abatement, site preparation, infrastructure improvements, Brownfield Plan
preparation, administration costs, and interest expense (5%).
The Development & Reimbursement Agreement outlines the procedures for the
City to reimburse the Developer for eligible expenses with the Brownfield Plan.
The Authority shall pay 100% of the available Brownfield TIF Revenue to the
Developer to reimburse the costs of Developer Eligible Activities. The Developer
will provide the BRA a request for payment of eligible expenses. The BRA has 30
days to approve the request. Payments are made on a semi-annual basis when
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incremental local taxes are captured and available. The BRA approved this
Agreement at its November 9, 2021 meeting.
STAFF RECOMMENDATION: Approval of the Viridian Land Shores Co, LLC
Brownfield Development and Reimbursement Agreement and authorize the
Mayor and City Clerk to sign.
ORIGINAL MOTION: Motion by Commissioner Johnson, second by Commissioner
Rinsema-Sybenga, to approve the Viridian Land Shores Co, LLC Brownfield
Development and Reimbursement Agreement and authorize the Mayor and City
Clerk to sign.
AMENDMENT: Motion by Commissioner Johnson, second by Vice Mayor
Hood, to amend the motion to reflect a term expiring December 31, 2047.
ROLL VOTE ON AMENDMENT:
Ayes: Johnson, Gawron, Hood, German, Rinsema-Sybenga, and Emory
Nays: None
MOTION PASSES
ROLL VOTE ON ORGINAL MOTION W/ AMENDMENT:
Ayes: Emory, Johnson, Gawron, Hood, German, and Rinsema-Sybenga
Nays: None
MOTION PASSES
G. Brownfield Development & Reimbursement Agreement, Ryerson Creek
Land Co, LLC (Trilogy Senior Housing Redevelopment Project), 60 Viridian
Drive Economic Development
SUMMARY OF REQUEST: Approval of the Brownfield Development and
Reimbursement Agreement for the Ryerson Creek Land Co, LLC (Trilogy Senior
Housing Redevelopment Project) and to consider the resolution.
The 5-acre property is the site of the former Teledyne Continental Motors
industrial facility and would result in the construction of an approximately 63,000
square foot multi-story 118-unit senior living building with surrounding asphalt
parking areas, concrete walkways and landscaping.
The Brownfield Plan Amendment was approved by the BRA on October 12, 2021
and the Commission on October 26, 2021. The Brownfield Plan is for a period of
24 years and includes total Brownfield Eligible Activity costs estimated at
$4,392,244. The property is within the DDA and it is anticipated that all taxes
captured will go towards the Brownfield TIF during the life of the Plan. Eligible
costs include due care, environmental response activities, demolition, site
preparation, infrastructure improvements, Brownfield Plan preparation,
administration costs, and interest expense (4%).
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The Development & Reimbursement Agreement outlines the procedures for the
City to reimburse the Developer for eligible expenses within the Brownfield Plan.
The Authority shall pay 100% of the available Brownfield TIF Revenue to the
Developer to reimburse the costs of Developer Eligible Activities. The Developer
will provide the BRA a request for payment of eligible expenses. The BRA has 30
days to approve the request. Payments are made on a semi-annual basis when
incremental local taxes are captured and available. The BRA approved this
agreement at its November 9, 2021 meeting.
STAFF RECOMMENDATION: Approval of the Ryerson Creek Land Co, LLC
Brownfield Development and Reimbursement Agreement and authorize the
Mayor and City Clerk to sign.
ORIGINAL MOTION: Motion by Commissioner Johnson, second by Commissioner
Rinsema-Sybenga, to approve Ryerson Creek Land Co, LLC Brownfield
Development and Reimbursement Agreement and authorize the Mayor and City
Clerk to sign.
AMENDMENT: Motion by Commissioner Johnson, second by Vice Mayor
Hood, to amend the motion to reflect a term expiring December 31, 2049.
ROLL VOTE ON AMENDMENT:
Ayes: Hood, German, Rinsema-Sybenga, Emory, Johnson, and Gawron
Nays: None
MOTION PASSES
ROLL VOTE ON ORGINAL MOTION W/ AMENDMENT:
Ayes: Gawron, Hood, German, Rinsema-Sybenga, Emory, and Johnson
Nays: None
MOTION PASSES
L. 880 First Street Development and Purchase Agreement Development
Services
SUMMARY OF REQUEST: The team has been working with the developer at 880
First Street LLC to negotiate mutually favorable terms on a purchase and
development agreement that will stipulate schedule of development and
pricing for the city owned property and future expansion onto the City owned
parking lot. The final draft is mutually agreed upon by staff and the developer.
The structure of this development agreement has taken some time to negotiate
due to an existing parking lease agreement with Parkland Properties that
obligates the city to certain conditions it must maintain in the City owned lot
behind the development site. The long-term phasing for this development, as
described in previous presentations to the commission, includes a multi-story
parking deck on that lot with liner apartments along Clay Street. This is set to
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come after the renovation of and addition to the existing tower, but the parking
structure would have to come along with the tower due to the lack of our ability
to dedicate spaces in the existing parking lot. Due to the parking agreement
and our obligations, there was a possibility that we would have to participate in
a floor of that parking structure, at a cost of roughly a million dollars to the City.
This was not favorable to us or the developer, so we in Development Services
have been working on a concept to reorient parking on-street and introduce a
permit system that would allow dedicated parking for permit holders in the
phase 1 tower. In the packet, we have included a graphic that illustrates our
ability to reorient the parking on this block that will provide additional spaces
without impacting the lot, thereby allowing the parking structure to remain in
phase 2 as intended and removing any need for the city to participate in a floor
of the deck to meet our parking lease obligations.
The proposed payment for the site is $400,000, and the Developer would buy out
our eligible activities for a Brownfield TIF that we have already expended, such
as the partial demolition and asbestos removal. They would then be able to add
these to the Brownfield TIF plan amendment, but we get paid up front as
opposed to sharing in the TIF to be repaid. Please note as a condition of closing,
we are to enter into a separate parking agreement for the street parking, and to
develop a permit parking ordinance.
STAFF RECOMMENDATION: To accept the development agreement as
presented and authorize the Mayor and Clerk to sign.
Motion by Commissioner German, second by Commissioner Johnson, to accept
the development agreement as presented and authorize the Mayor and Clerk to
sign.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
M. Project Capital Contributions City Manager
SUMMARY OF REQUEST: Three ongoing transformational community projects
have requested city financial commitments. Each of these projects have
received substantial community support in addition to the support requested
from the City. Staff is recommending that the city make financial commitments
to the capital campaigns of the Boys and Girls Club, the Community Foundation
for Muskegon County, and the Muskegon Museum of Art.
The Boys and Girls Club (BGC) campaign will raise funds to convert the
former YMCA and MCC Fitness Center into a year-round club. This renovated
waterfront facility and ed programming will provide for a larger physical
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activity space accessible to all City’s youth. They have raised $5.6 Million of
their $7.5 Million budget. To assist in significantly narrowing the remaining
financial gap, staff is recommending that $1 Million be committed to the
Club for this transformational campaign.
https://bgclubmuskegon.com/clubhouse
The Muskegon Museum of Art is undergoing a capital campaign to expand
the museum to include a new grand hall, two new galleries and more
community space. Staff is recommending that $1 Million be committed to
the Museum for this campaign. They have raised $9.85 Million in community
support. Our $1 Million contribution will nearly complete the $11.5 Million
project. More information is available here:
https://muskegonartmuseum.org/shaping-the-future/
The Community Foundation for Muskegon County is undergoing a capital
campaign to renovate the Frauenthal Center. The City has already
committed funds to install heated sidewalks around the facility. Staff is
recommending a total of $1 Million be committed to the Foundation,
including funds already allocated to the heated sidewalk project. The
Community Foundation has raised $4.8 Million of the total $6.1 Million budget.
Based on our current interpretation of the interim final rule, all three projects
qualify for assistance from the City’s ARPA allotment. Additionally, the
expenses will be held until July 1, 2022 to allow for further guidance and for
the city to complete collections of the second phase of ARPA and explore
future funding opportunities from the State and Federal levels that could
fund one or more of these commitments. The contributions are payable only
if the ARPA funds can be utilized for the stated purpose.
AMOUNT REQUESTED: $3 Million FUND OR ACCOUNT: 482: State Grants
STAFF RECOMMENDATION: Approve the capital commitments as described
and direct staff to budget the expenses from Fund 482 during FY 2022-23.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to approve the capital commitments as described, and direct staff to budget
expenses from Fund 482 during FY 2022-23. The contributions are payable only if
the ARPA funds can be utilized for the stated purpose.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
N. Environmental Work – Former Farmers Market Site City Manager
SUMMARY OF REQUEST: Staff is seeking approval to hire Envirologic to provide
environmental assessment and planning services at the former farmers market
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site.
The site was originally included in a city pilot program to build a mix of housing
types to attract residents at various income levels. The original plans called for
53+ rental unites – some single-family structures and some multi-family structures.
In an effort to meet the community’s goal of focusing on single family houses in
lieu of duplexes and multiplexes, the proposed program has been scaled back
to include a total of 21 single family houses and no duplexes or multiplexes.
In January 2021, the City Commission authorized Soils and Structures to
complete a soil assessment to determine the buildability of the site. The report is
provided in the packet. The next step is to complete the environmental
assessment. Envirologic is the City’s preferred contractor, as they have
completed significant work on this site as part of the original FARM proposal. This
work will be qualified for reimbursement in the scattered site brownfield
program.
AMOUNT REQUESTED: $22,000 FUND OR ACCOUNT: Brownfield
STAFF RECOMMENDATION: Approve the expense of $22,000 to complete
environmental assessment services at the former farmers market site.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the expense of $22,000 to complete environmental assessment
services at the former farmers market site.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, and
German
Nays: None
MOTION PASSES
2021-105 UNFINISHED BUSINESS:
A. Amendment to Lakeside Form Based Code – Marihuana Facilities
Planning – 2ND READING
SUMMARY OF REQUEST: Staff initiated request to amend the Lakeside Form
Based Code to allow caregivers, microbusinesses, designated consumption
establishments, class A recreational grows, class B recreational grows, class A
medical grows and temporary marihuana events as a special use permitted in
the Lakeside Commercial and Lakeside Heavy Commercial context areas.
The Planning Commission’s motion to recommend approval of the request
ended in a tie, with three Commissioners voting yes and three Commissioners
voting no, with three Commissioners absent.
Staff presented this idea to the City Commission at the September work session.
STAFF RECOMMENDATION: To approve the request to amend the Lakeside
Form Based Code to allow caregivers, microbusinesses, designated
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consumption establishments, class A recreational grows, class B recreational
grows, class A medical grows and temporary marihuana events as a special use
permitted in the Lakeside Commercial and Lakeside Heavy Commercial context
areas.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
approve the request to amend the Lakeside Form Based Code to allow
caregivers, microbusinesses, designated consumption establishments, class A
recreational grows, class B recreational grows, class A medical grows and
temporary marihuana events as a special use permitted in the Lakeside
Commercial and Lakeside Heavy Commercial context areas.
ROLL VOTE: Ayes: Johnson, Hood, German, and Rinsema-Sybenga
Nays: Emory and Gawron
MOTION PASSES
2021-106 NEW BUSINESS:
A. 2022 POLC Contract City Manager
SUMMARY OF REQUEST: Staff is seeking approval of the proposed collective
bargaining agreement with the Police Officers Labor Council.
City Staff and Police Officers labor Council representatives previously agreed
upon new contract terms that would take effect January 1, 2022. Since that
time, a number of small issues related to the original tentative agreement have
been identified and subsequently reconciled. This is a formal request to approve
the collective bargaining agreement. The POLC has already ratified the
contract and city staff is prepared to begin enforcing the provisions of the
contract on January 1, 2022. The new agreement is beneficial to both parties
and is expected to help with police officer recruiting and retention; there is no
financial impact on the budget as part of the new agreement.
STAFF RECOMMENDATION: To approve the Collective Bargaining Agreement
with the Police Officers Labor Council as presented.
Motion by Commissioner German, second by Commissioner Emory, to approve
the Collective Bargaining Agreement with the Police Officers Labor Council as
presented.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, German, Rinsema-Sybenga, and
Emory
Nays: None
MOTION PASSES
B. 1183 Terrace Street – Purchase City Manager
SUMMARY OF REQUEST: Staff is seeking approval to purchase the home at 1183
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Terrace Street from Francena DePung.
This property was originally acquired from the Land Bank, and the owner has
been unable to make the repairs necessary to save the home. Our on-staff
builder reached out to the owner to inquire about purchasing the site. The home
has significant historical appeal and we would like to save the structure as part
of our infill housing program. The structure is vacant but has been used as a
three-unit building. Staff would intend to convert it into either a two-unit or a
single-family building. The renovation will likely take 12 months and cost
between $275,000 and $350,000. Staff anticipates budgeting much of the
renovation costs in FY 2022-23 but would like to replace the roof and address
immediate concerns with the foundation.
AMOUNT REQUESTED: $120,000
FUND OR ACCOUNT: Public Improvement
STAFF RECOMMENDATION: Approve the purchase of 1183 Terrace Street
from Francena DePung for $20,000 and amend the FY 2021-22 Public
Improvement Fund Budget to include a total of $200,000 for the project during
the fiscal year.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve purchase of 1183 Terrace Street from Francena DePung for $20,000 and
amend the FY 2021-22 Public Improvement Fund Budget to include a total of
$200,000 for the project during the fiscal year.
ROLL VOTE: Ayes: Gawron, Hood, German, Rinsema-Sybenga, Emory, and
Johnson
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Emory asked DPW Director Leo Evans
about the streetlight upgrades on the west side of the city. Commissioner
German commended DPW on the Amity/Wood project and asked about street
lighting near alleyways. City Manager Frank Peterson reminded everyone to
keep porch lights on to increase neighborhood safety and that the winter
parking rules will soon go into effect.
PUBLIC COMMENT ON NON-AGENDA ITEMS: No public comments were
received.
ADJOURNMENT: The City Commission meeting adjourned at 7:35 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 14, 2021 Title: FY22 Municipal Senior Millage Funding
Submitted By: Oneata Bailey Department: CNS
Brief Summary: To approve allocations of the Municipal Senior Millage funding to city programs
geared toward citizens who are 60 years of age, or older.
Detailed Summary:
An allocation of $94,640.00 from the county of Muskegon FY22 Municipal Senior Millage funding
is budgeted for the following programs;
Power of Produce (Farmer’s Market) - $ 40,000.00
Home Repairs (CNS) - $ 54,640.00
Amount Requested: $94,640.00 Amount Budgeted: $94,640.00
Fund(s) or Account(s): FY22 Municipal Senior Fund(s) or Account(s): Muskegon County
Millage Senior Millage Program
Recommended Motion:
To approve the budget proposed for City of Muskegon programs utilizing FY22 Municipal Senior
Millage Funds from the County of Muskegon.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Public Health – Muskegon County • 209 E Apple Ave • Muskegon, MI 49442
Main: 231.724.6246 • Fax: 231.724.6674 • www.muskegonhealth.net
DATE: November 23, 2021
TO: Municipalities
RE: FY22 Municipal Senior Millage Funding
Attached you will find the Allocation Summary and Distribution Table for the FY22 Municipal Senior
Millage funding.
The U.S. Census Bureau, 2020 American Community Survey is not available yet, but other references
indicated an adjustment is warranted to the population formula. At its regular meeting on November 9,
2021, the Board of Commissioners approved an increase of $8,228 for a total of $613,074 funds to the
local municipalities to coordinate and provide services, programs and/or activities for seniors in their
jurisdiction. The additional $8,228 was approved to hold-harmless any municipality that would receive
less than the FY21 allocations.
To accept this funding, you must present a 1-2 page plan approved by your Council or Board (governing
entity) and endorsed by the jurisdictional County Commissioner(s). If your FY22 plan is a continuation
of FY21 activities, please note that in the email.
Please send communications and related documentation (plans, reports, requests, etc.) to:
MuskegonSeniorMillage@co.muskegon.mi.us
We understand that some names and contact information for municipalities may have changed. If you
are not the primary contact for this funding, please send us the updated information.
Thanks.
Kathy Moore, Public Health Director
Municipal Allocation Summary
On Tuesday, November 12, 2019 the Muskegon County Board of Commissioners approved allocating up to
25% of the annual senior millage funds to local municipalities to coordinate and provide services, programs,
and/or activities for seniors in their jurisdictions. The funding formula includes a $3,500 base for each
municipality plus a pro-rated amount based on the population of seniors in the jurisdiction. Municipalities are
encouraged to leverage funds and minimize duplication by working with categorical grantees and/or each other.
Key points:
100% optional – submit an annual plan/budget to “opt in” each year.
It does not prohibit or limit municipalities from applying for and receiving funding via the grant process.
Municipalities must submit a 1 - 2 page plan approved by the governing entity & endorsed by the
jurisdictional County Commissioner.
Funding will follow the County fiscal year October 1, 2021 – September 30, 2022.
Quarterly reports required (financial and participant demographics) – monthly reports encouraged.
Please forward all related correspondence to: MuskegonSeniorMillage@co.muskegon.mi.us
Advance, partial, interim and/or final allocation payments will be processed upon receipt of written
request along with required/appropriate documentation.
Population to be served:
1. All persons 60 years of age or older or their caregivers who meet the criteria established for services
shall be eligible for any or all services with priority given to meeting the needs of persons with the
greatest economic or social need, giving particular attention to low-income, minority individuals.
2. Residents or occupants of Muskegon County (permanent, temporary, or transitional).
3. The Sub-Contractor shall not refuse to provide services to any eligible persons 60 years of age and older
because of race, color, religion, national origin, age, sex, height, weight, marital status, sexual
orientation, arrest record, or handicap pursuant to Title VI of the Civil Rights Act of 1964, amended
1973; and the Elliott-Larsen Civil Rights Act, 1976 P.A. 453, Section 209. The Sub-Contractor shall
comply with the provisions of Title VI of the Civil Rights Act of 1964, the Michigan Handicappers Civil
Rights Act, 1976 P.A. 220, and Section 504 of the Federal Rehabilitation Act of 1973, D.L. 93-112, 87
Stat. 394, and the Americans with Disabilities Act, 1990 P.A. 101-336.
4. Further, the Sub-Contractor shall comply with all other federal, state, or local laws, regulations,
standards, and any amendments thereto, as they apply to the performance of this contract.
More information about current and past programs/services funded by the millage will be available soon.
MUSKEGON COUNTY SENIOR MILLAGE
FY22 Municipal Distribution Table
Total County
Municipality Funding Commissioner
Blue Lake Township $10,807 Cyr
Casnovia Township $11,072 Pego
Casnovia Village $4,462 Pego
Cedar Creek Township $13,982 Pego
Dalton Township $28,086 Cyr
Egelston Township $29,967 Pego
Fruitland Township $25,085 Brown
Fruitport Village $7,399 Lahring
Fruitport Charter Township $45,911 Lahring
Holton Township $11,056 Pego
Laketon Township $30,124 Brown
Lakewood Club Village $6,336 Cyr
Montague City $11,564 Cyr
Montague Township $9,577 Cyr
Moorland Township $7,548 Pego
Muskegon City $94,640 Nash
Muskegon Charter Township $53,684 Hughes
Muskegon Heights City $28,527 Wilkins
North Muskegon City $17,453 Brown
Norton Shores City $86,623 Scolnik
Ravenna Township $10,716 Lahring
Ravenna Village $6,369 Lahring
Roosevelt Park City $15,489 Hovey-Wright
Sullivan Township $12,780 Lahring
White River Township $9,832 Cyr
Whitehall City $13,913 Cyr
Whitehall Township $10,071 Cyr
Total Distribution $613,073
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 12/14/2021 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 expires
on December 31, 2021
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: 12/14/2021 Title: Non-Union Part Time and Limited
Term Wage Matrix
Submitted By: DWANA THOMPSON Department: EEO & EMPLOYEE
RELATIONS
Brief Summary: The 2022 wage matrix has been updated to reflect the anticipated part time and
limited term positions for next year.
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 updated wage matrix for the non-union part time limited term
employees for 2022.
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
2022 WAGE MATRIX FOR NON-UNION PART-TIME AND LIMITED TERM EMPLOYEES
Michigan Minimum Wage is $ 9.87 as of January 1, 2022
JOB TITLE STEP 1 STEP 2 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 $ 13.00 $ 13.50 $ 14.00 $ 14.50 $ 15.00 $ 15.50 $ 16.00
BUILDING FACILITY CARETAKER
SCHOOL CROSSING GUARD
ARENA CUSTODIAN
GRADE 3
$ 15.00 $ 16.00 $ 17.00 $ 18.00 $ 19.00 $ 20.00
INTERNS OVER 18
GRADE 4 $ 13.00 $ 13.50 $ 14.00 $ 14.50 $ 15.00 $ 15.50
FACILITY SUPERVISOR I
BEACH/PARK RANGERS (PUBLIC SAFETY)
GRADE 5 $ 13.50 $ 14.00 $ 14.50 $ 15.50 $ 15.50 $ 16.50
FACILITY SUPERVISOR II
GRADE 6 $ 20.00 $ 21.00 $ 22.00 $ 23.00 $ 24.00
POLICE RECRUIT
START 500 HRS 1,000 HRS SERVICE
GRADE 7 $ 15.00 $ 15.50 $ 16.00 $ 16.50 $ 17.00 $ 17.50 $ 18.00
FARMERS MARKET ASSISTANT
SEASONAL LEISURE SERVICE MAINTENANCE
ARENA MAINTENANCE
GRADE 8
BOARD OF CANVASSERS $20.O0 PER DIEM
BOARD OF REVIEW $13.00 per hour / 4 hour minimum
RECEIVINGBOARD $60.00 per day
ELECTION WORKERS (INSPECTORS) $13.00 per hour
ELECTION WORKER CHAIRPERSON $15.50 per hour
ELECTIONWORKER CO-CHAIRPERSON $14.50 per hour
GRADE 9A $ 15.00 $ 15.38 $ 15.76 $ 16.15 $ 16.56 $ 16.97 $ 17.40
EVENT SECURITY MANAGER
GRADE 9B $ 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)
GRADE 9C $ 21.00 $ 22.00 $ 23.00 $ 24.00 $ 25.00 $ 26.00
PT - FIRE INSPECTOR
GRADE 9D $ 30.00 $ 31.00 $ 32.00 $ 33.00 $ 34.00 $ 35.00
PT- FIRE MARSHALL
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 14th, Title: MDOT Property Purchase
2021
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking formal resolution confirming purchase of excess property from MDOT for use as a
public open space.
Detailed Summary:
The parcel in question is located along the southwest side of 9th Street between Muskegon Avenue
and Webster Avenue. The property is legally owned and controlled by the State of Michigan (MDOT)
as a part of the limited access highway right-of-way for Shoreline Drive.
City staff has pursued purchase of this parcel from MDOT for consideration as a skate park site.
Recently alternative sites have been identified that are a better fit for locating a skate park and this site
is not longer planned for use in that fashion. However the work had been done to acquire the excess
property and staff would like to see that through.
The immediate plans for the site involve retaining the site as a public open space, with potential
consideration for alternative uses if/when the 10-year reverter clause is released.
Amount Requested: Amount Budgeted:
$5,000 $0
Fund(s) or Account(s): 101-70751-5703 Fund(s) or Account(s): 101-70751-5703
Recommended Motion:
Approve the Resolution for purchase of the excess property from MDOT and authorize the Mayor and Clerk
to sign.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
RESOLUTION FOR THE PURCHASE OF EXCESS PROPERTY FROM MDOT
WHEREAS, the City of Muskegon has requested purchase of surplus property from the Michigan
Department of Transportation (“MDOT”) hereafter referred to as Tract 1576 located along the
southwest face of 9th Street between Muskegon Avenue and Webster Avenue in the City of
Muskegon;
WHEREAS, MDOT has reviewed the requested purchase of Tract 1576 and determined the
parcel to be surplus and eligible for sale to the City of Muskegon;
WHEREAS, the City of Muskegon dedicates the parcel to be used as a Public Open Space for no
less than 10-years from the date of transfer;
WHEREAS, the City of Muskegon agrees to provide compensation for the acquisition of the
parcel in the amount of five-thousand dollars ($5,000.00);
NOW THEREFORE BE IT RESOLVED, the City of Muskegon hereby agrees to purchase Tract 1576
from the State of Michigan for the amount of five-thousand dollars ($5,000.00) and agrees to
dedicate the parcel to be used as Public Open Space for no less than 10-years from the date of
the transfer.
Approved on (date) by:
ATTEST: CITY OF MUSKEGON
____________________________________
Signature Mayor Signature
Clear Form
Michigan Department
of Transportation APPLICATION TO PURCHASE AND AGREEMENT OF SALE Page 1 of 4
2447 (04/18) CASH SALE
DISTRIBUTION: APPLICATION, FINANCE, REAL ESTATE.
MICHIGAN DEPARTMENT OF TRANSPORTATION AND STATE OF MICHIGAN POLICIES PROHIBIT
DISCRIMINATION AGAINST PERSONS BECAUSE OF RACE, COLOR, NATIONAL ORIGIN, SEX, AGE, MARITAL OR
FAMILIAL STATUS, OR DISABILITY IN THE SALE OR RENTAL OF PROPERTY.
TRACT NO. SALE PRICE BID DEPOSIT BALANCE
1576 $5,000.00 $0.00 $5,000.00
CONTROL SECTION PARCEL JOB
61151 28 Pt A 99999
The undersigned (Purchaser) offers and agrees to purchase the subject land now owned by the Michigan Department of
Transportation (MDOT) and identified above, subject to all encumbrance, building and use restrictions, ordinances, and
easements of record together with all improvements and appurtenances, if any, now in or on the premises and to pay the
balance indicated above with the following conditions:
1. Sale may be subject to final approved by the State Transportation Commission and/or State Administrative Board.
Failure of Purchaser to complete payment and close this transaction within 45 days after notification of State
Transportation Commission and/or State Administrative Board approval will result in MDOT terminating the agreement
and retaining the property. Purchaser will forfeit up to $7,500 as liquidated damages if this property was sold at public
auction or $250 as liquidated damages if this property was sold by direct sale.
2. The bid deposit will be held by MDOT and under no circumstances will MDOT be liable for interest on the bid deposit.
3. This Application along with bid deposit must be submitted, and made payable to the State of Michigan – Michigan
Department of Transportation. Payments may be in the form of Cash, Personal Check, Certified Check or Money
Order. Payments should be delivered to MDOT.
4. A quitclaim deed conveying all interest of MDOT will be executed and delivered to the Purchaser upon receipt
of payment in full. No title policy will be provided by MDOT and no closing costs will be paid by MDOT.
5. Purchaser will not assign, sell or transfer for collateral or for any other purpose, any of its rights or obligations under
this agreement without prior written approval of MDOT.
6. The time periods set forth here may be extended at the sole discretion of MDOT.
7. The legal description for the subject land is attached.
8. Direct ingress and egress may be limited between the highway and the subject land as described in the legal
description.
9. Title will be conveyed as follows:
Single Man Joint Tenants ✔ Governmental Unit
Married Man Tenants in Common Registered co-partnership
Single Woman Michigan Corporation Assumed Name (dba)
Married Woman Out-of-State Corporation Other __________________
Husband & Wife Limited Liability Company (LLC)
LEGAL NAME
City of Muskegon
ADDRESS
933 Terrace Street
CITY STATE ZIP
Muskegon Michigan 49440
PHONE EMAIL
(231) 724-6944 LeighAnn.Mikesell@shorelinecity.com
10. MDOT reserves the right to invade air space above subject land, including structures, by noise, vibrations, fumes or
dust arising from construction, maintenance, repair, removal or use of the adjacent highway or street. Purchaser
agrees not to assert any claim arising out of the right reserved by MDOT.
11. MDOT reserves the right to allow any existing public utility facility to go on to the subject land for the purpose of
maintenance of said facility, be it on, over, or under the ground.
MDOT 2447 (04/18) Page 2 of 4
12. All water run-off and drainage from the abutting highway right-of-way will be allowed a free and uninterrupted flow
over subject land. Purchaser will have no claim against MDOT for such water deposited on or flowing upon the land.
Purchaser will not change the physical condition of subject land to impede the free flow of water run-off and drainage
from the abutting highway right-of-way.
ENVIRONMENTAL DISCLOSER:
13. MDOT has (choose one):
✔ No information, reports, or testing regarding environmental condition of subject property in reference to hazardous
substances.
Information and/or testing results on environmental conditions of subject property in reference to hazardous
substances.
MDOT recommends Purchaser review Part 201 Section 324.2012 of Public Act 451, 1994 for the Purchaser’s liability,
and liability exceptions.
14. Purchaser may perform environmental testing in accordance with the procedures described in paragraph 15 of
this Application. MDOT will not pay for any testing or any analysis performed by the Purchaser on the subject property.
Testing is defined as any type of environmental assessment including, but not limited to, records review, site inspection,
soil boring analysis, groundwater analysis or soil analysis.
15. If Purchaser desires to perform environmental testing, then Purchaser shall give MDOT written notification
within 10 business days after the execution of this Application to perform environmental testing. Purchaser
must obtain a Right-of-Entry from MDOT in accordance with the procedures and in the manner provided by MDOT for
obtaining such Right-of-Entry. If Purchaser fails to provide proper notice of his or her intent to perform environmental
testing within the time prescribed herein, Purchaser’s right to perform environmental testing shall be waived. In any
event, Purchaser shall complete environmental testing within 90 calendar days from the date this Application has been
executed by the Purchaser. If property notice of Purchaser’s intent to perform environmental testing has not been
received by MDOT and/or environmental testing has not been completed within 90 days from the date of this Application,
then, in the event Purchaser wishes to terminate this Agreement, Purchaser will forfeit up to $7,500 as liquidated
damages if this property was sold at public auction or $250 as liquidated damages if this property was sold by direct
sale and MDOT will be under no obligation to refund such deposit.
Environmental Testing Performed with Property Notice
If test results document the presence of hazardous substances which will require remediation under applicable federal
or state laws, either MDOT or the Purchaser may terminate this agreement and will be released from any further
requirements of this agreement. In this event, notwithstanding any other provisions of this agreement to the contrary,
all of the Purchaser’s bid deposit will be returned by MDOT. MDOT will not be responsible for any interest on the bid
deposit.
Applicant agreement to make test results available at no cost to MDOT at the conclusion of 90 calendar days. Applicant
agrees to be solely liable for any damages or injuries which may occur to any person, personalty or real property as a
result of the testing or audit.
Waiver of Environmental Testing
If written notice of intent to perform environmental testing has not been received within 10 business days after execution
of this Application to Purchase and Agreement of Sale, then said environmental testing will be considered as waived by
applicant and the bid deposit will not be refunded.
16. Unless otherwise permitted by law, and only in strict compliance with all state and federal environmental laws, Purchaser
will not cause, permit, or suffer any “Hazardous Substance” to be brought upon, treated, kept, stored, disposed of,
discharged, released, produced, manufactured, generated, refined or used on, about or beneath the subject property
or any portion of it until title to this land is transferred to Purchaser.
17. Purchaser agrees to indemnify and save harmless the State of Michigan, the Michigan State Transportation
Commission, the Michigan Department of Transportation and all officers, agents and employees thereof from any and
all claim for injuries to, or death of, any and all persons, for loss of or damage to property, environmental damage,
degradation, response and cleanup costs, and attorney fees or other related costs, arising out of, under, or by reason
of this Agreement, except claims resulting from the sole negligence or willful acts or omissions of said indemnitee, its
agents or employees.
MDOT 2447 (04/18) Page 3 of 4
18. Please check if applicable:
✔ 10-Year Reverter
This deed conveying title is subject to a reversionary interest whereby the purchaser agrees that the premises will
be used for public purposes and appurtenances for a continuous period of ten (10) years from the date the deed is
delivered and accepted. If at any time within said ten (10) year period the purchaser and/or assigns and successors
shall cease to so continuously use the premises, said premises shall automatically revert to the seller and/or its
assigns and successors in fee simple absolute. If the premises during the aforementioned ten (10) year period is
continually used by the purchaser and/or its assigns and successors for public purposes, then after the expiration
of said ten (10) year period the purchaser and/or assigns and successors will hold the premises in fee simple
absolute free of any possibility of reverter heretofore held by seller and/or its assigns and successors.
Release of the ten (10) year reversionary interest must be approved by the Michigan Department of
Transportation Director. Compensation for release is based on the difference between the original sale price and
the current market value of the property (less the value of improvements made by the purchaser) prorated over
the ten (10) reversionary term. The current market value will be determined by an appraisal. Purchaser is
responsible for bearing the appraisal cost.
Permanent Reverter
The deed conveying title is subject to a reversionary interest whereby the purchaser agrees that the property will
be used for transportation purposes. If at any time the property is not used for transportation purposes, property
ownership will revert to the Michigan Department of Transportation.
DNR Mineral Reservation Language
The deed conveying title is subject to saving and excepting out and always reserving unto the said State of Michigan,
all mineral, coal, oil and gas, lying and being on, within or under the said lands whereby conveyed, except sand,
gravel, clay or other nonmetallic minerals with full and free liberty and power to the said State of Michigan, its duly
authorized officers, representatives and assigns, and its or their lessees, agents and workmen, and all other persons
by its or their authority or permission, whether already given or hereafter to be given at any time and from time to
time, to enter upon said lands and take all usual, necessary, or convenient means for exploring, mining, working,
piping, getting, laying up, storing, dressing, make merchantable, and taking away the said mineral, coal, oil and
gas, except sand, gravel, clay or other nonmetallic minerals. Further, excepting and reserving to the State of
Michigan, all aboriginal antiquities including mounds, earth-works, forts, burial and village sites, mines or other relics
and also reserving the right to explore and excavate for the same, by and through its duly authorized agents and
employees, pursuant to the provisions of Part 761, Aboriginal Records and Antiquities, of the Natural Resource and
Environmental Protection Act, Act 451 of the Public Acts of 1994, as amended
Title VI
The grantee for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree, as a covenant running with the land, that in the event
facilities are constructed, maintained, or otherwise operated on the said property described in this deed for a
purpose for which a Department of Transportation program or activity is extended or for another purpose involving
the provision of similar services or benefits, the grantee, shall maintain and operate such facilities and services in
compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally assisted programs of
the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations
may be amended.
That in the event of breach of any of the above non-discrimination covenants, the Michigan Department of
Transportation shall have the right to re-enter said lands and facilities thereon, and the above described lands and
facilities shall thereupon revert to and vest in and become the absolute property of the Michigan Department of
Transportation and its assigns.
MDOT 2447 (04/18) Page 4 of 4
Special Provisions
City of Muskegon must submit an approved resolution authorizing the purchase of Tract 1576 for a specific public purpose.
SIGNATURE DATE
AGENT FOR CORPORATION
LeighAnn Mikesell
ADDRESS PHONE
933 Terrace Street (231) 724-6920
CITY STATE ZIP
Muskegon Michigan 49440
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 14th, Title: NHS Revisions
2021
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking to have portions of Peck Street, Sanford Street, and Terrace Street reclassified in
terms of their NHS (National Highway System) and NFC (National Functional Classification) status.
Detailed Summary:
Staff has been working for several years with the West Michigan Shoreline Regional Development
Commission (WMSRDC), the Michigan Department of Transportation (MDOT), and the City of
Muskegon Heights to have several segments of street reclassified to better suit their current use.
Historically Sanford, Peck and Terrace have served as state highways, and as critical routes to key
Department of Defense industrial sites in the area (Continental Motors). This importance led to the
streets being classified as NHS routes which in turn requires them to be constructed with wider lanes
and heavier pavement to accommodate larger and heavier traffic.
As times have changed the need for these roads to be classified as NHS routes has also changed.
The proposal would remove these routes from the NHS entirely. In addition the roads will be reduced
in classification from their current standing as principal arterial routes down to a more appropriate level
of minor arterial.
This change does not impact our Act 51 funding, and the roads will remain eligible for federal aid. The
benefit derived from making this change is that the roads can be designed and reconstructed in such a
way that does not require overly wide lanes that encourage speeding and heavy pavement designs
which increase project costs.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion:
Support the change in NHS and NFC designations for Peck, Sanford and Terrace Streets and authorize the
City Manager to sign the attached letter formally requesting the changes.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Affirmative Action
(231)724-6703
FAX (231)722-1214
Assessor/
Equalization Co.
(231)724-6386
FAX (231)724-1129
Cemetery/Forestry
(231)724-6783
FAX (231)724-4188
City Manager
(231)724-6724
FAX (231)722-1214 December 15th, 2022
Clerk
(231)724-6705
FAX (231)724-4178 David Fairchild
Transportation Planner
Comm. & Neigh.
Services System Monitoring and Reporting Unit
(231)724-6717 P.O. Box 30050
FAX (231)726-2501 Lansing, Michigan 48909
Computer Info.
Technology Subject: National Highway System Revision
(231)724-4126
FAX (231)722-4301
David:
Engineering
(231)724-6707 The City of Muskegon is requesting the following revision to the NHS and NFC system.
FAX (231)727-6904
Finance
(231)724-6713
FAX (231)726-2325 Proposed NHS Revisions - City of Muskegon
Fire Department ACTION STREET FROM TO
(231)724-6795
FAX (231)724-6985
Remove Peck Street South City limit Apple Ave
Human Resources
Co. (Civil Service)
(231)724-6442 Remove Sanford Street South City limit Apple Ave
FAX (231)724-6840
Remove Terrace Street Apple Ave Shoreline Drive
Income Tax
(231)724-6770
FAX (231)724-6768
Proposed NFC Revisions - City of Muskegon
Mayor’s Office
(231)724-6701
FAX (231)722-1214
ACTION STREET FROM TO
Planning/Zoning
(231)724-6702 Downgrade Peck Street 3-Principal Arterial 4-Minor Arterial
FAX (231)724-6790
Police Department Downgrade Sanford Street 3-Principal Arterial 4-Minor Arterial
(231)724-6750
FAX (231)722-5140
Downgrade Terrace Street 3-Principal Arterial 4-Minor Arterial
Public Works
(231)724-4100
FAX (231)722-4188
SafeBuilt On December 14th 2021, the City of Muskegon acted on and approved the changes to the NHS and NFC maps (see
(Inspections) enclosed minutes).
(231)724-6715
FAX (231)728-4371
Sincerely,
Treasurer
(231)724-6720
FAX (231)724-6768
Water Billing Frank Peterson
(231)724-6718 City Manager, City of Muskegon
FAX (231)724-6768
Water Filtration
(231)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 14th, Title: Project 91851 – Change Orders &
2021 Engineering Services Amendment
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking approval of Final Contract Modifications #004 and #005 with Jackson-Merkey
Contractors and for approval of a Final Amendment (#004) of the Engineering Services Agreement
with ENG, Inc. for Project 91851 (Spring / Yuba Street).
Detailed Summary:
Contract Modifications #004 and #005 with Jackson-Merkey Contractors detail all of the changes to
specific work items that were required to successfully complete the project. There were a number of
changes necessary due to the complex nature of the project along with unforeseen underground
conditions in this oldest area of town. The project has required commission approval for Change
Orders starting with Change Order #003 which added the work on Yuba Street and was above the
staff approval threshold. If Contract Modification #004 and #005 are approved the final project contract
amount will be $3,477,719 on an original project amount of $3,075,529 representing a 13% increase of
which over 5% is a result of the additional Local Streets work on Yuba Street not related to the original
project.
Engineering Services Amendment #004 includes increased engineering costs required to provide
engineering oversight and support on the project, which took considerably more time and effort than
originally budgeted. If approved the Engineering Cost for this project will be $364,105 which
represents approximately 11% of the Construction Contract value and is in alignment with industry and
expected standards for a project of this scope and scale.
All of the SRF/DWRF project carried a budgeted contingency of 6%. Approval of these Change
Orders and the Engineering Services Amendment will not exceed the budgeted contingency on the
project package as a whole as several other projects completed well below their contingency amounts.
For reference if approved the project will have remaining expenses estimated at $973,111.40 and a
remaining budget of $975,607.00, no future reforecasts are anticipated.
Amount Requested: Amount Budgeted:
Change Order #004 - $156,367.69 $975,607 Remaining
Change Order #005 - $104,697.69 (202/203/590/591-91851)
ESA #004 - $63,700.00
Fund(s) or Account(s): Various-91851-5346 Fund(s) or Account(s): Various-91851-5346
Recommended Motion:
Authorize staff to approve Change Orders #004 and #005 with Jackson-Merkey Contractors, and authorize
staff to approve Engineering Services Amendment #004 with ENG, Inc. for the work on Spring and Yuba
Streets.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Contract Modification
10/27/2021 4:09 PM
Eng., Inc.
FieldManager 5.3c
Contract: .18051.00, Muskegon - SRF Project 4 & 10 Implementation
Cont. Mod. Revision Cont. Mod. Electronic Net Change Awarded Contract Amount
Number Number Date File Created
4 10/27/2021 No $156,367.69 $3,075,529.30
Route Managing Office District Entered By
Eng., Inc. 03707 Harrington Chris
Contract Location
Muskegon SRF Project
Short Description
Contract Modification to add time and materials costs for various additional Work
Description of Changes
Contract Modification to add time and materials costs for additional Work completed in November 2020, April 2021, May
2021, and June 2021.
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
_ Abandon Existing 16 8237001 0495 0495 18051.00 0001 Original -200.000 Ft 9.00000 $-1,800.00
inch Water Main
_ Abandon Existing 24 2037001 0035 0035 18051.00 0001 Original -30.000 Ft 23.00000 $-690.00
inch Sewer
_ Aggregate Base, 6 3027011 0620 0620 18051.00 0001 Extra -106.800 Syd 10.75000 $-1,148.10
inch, 21AA, Modified
_ Backfill, Lightweight, 2067021 0070 0070 18051.00 0001 Original -42.000 Cyd 45.00000 $-1,890.00
Iron Blast Furnac e
Slag Aggregate, LM
_ Dr Structure Cover, 4037050 0280 0280 18051.00 0001 Original -1.000 Ea 475.00000 $-475.00
ADA Compliant
_ Gate Valve and Box, 8237050 0515 0515 18051.00 0001 Original 1.000 Ea 1,520.00000 $1,520.00
6 inch, Modified
Contract: .18051.00 Cont. Mod.: 4 Page 1 of 11
Contract Modification
10/27/2021 4:09 PM
Eng., Inc.
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
_ Gate Valve and Box, 8237050 0520 0520 18051.00 0001 Original 1.000 Ea 1,895.00000 $1,895.00
8 inch, Modified
_ Helical Pile 7057050 0305 0305 18051.00 0001 Original 5.000 Ea 2,200.00000 $11,000.00
_ Pavt, Rem, Small 2047011 0625 0625 18051.00 0001 Extra -174.400 Syd 7.27000 $-1,267.89
Quantity
_ Pollinator Tree, 8157050 0450 0450 18051.00 0001 Original -4.000 Ea 500.00000 $-2,000.00
Coral Burst Crabapple,
6 foot
_ Sanitary Manhole, 4027050 0220 0220 18051.00 0001 Original -1.000 Ea 935.00000 $-935.00
Drop Connection
_ Sanitary Sewer, 4027001 0165 0165 18051.00 0001 Original 7.000 Ft 285.00000 $1,995.00
PVC, 12 inch
_ Sanitary Sewer, 4027001 0170 0170 18051.00 0001 Original 1.500 Ft 98.00000 $147.00
PVC, 18 inch
_ Sanitary Sewer, 4027001 0175 0175 18051.00 0001 Original 6.000 Ft 440.00000 $2,640.00
PVC, 24 inch
_ Sanitary Sewer, 4027001 0180 0180 18051.00 0001 Original 19.000 Ft 160.00000 $3,040.00
PVC, 27 inch
_ Sanitary Sewer, 4027001 0185 0185 18051.00 0001 Original -3.500 Ft 209.00000 $-731.50
PVC, 30 inch
Contract: .18051.00 Cont. Mod.: 4 Page 2 of 11
Contract Modification
10/27/2021 4:09 PM
Eng., Inc.
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
_ Sanitary Sewer, 4027001 0195 0195 18051.00 0001 Original 84.000 Ft 60.50000 $5,082.00
PVC, 6 inch
_ Sanitary Sewer, 4027001 0200 0200 18051.00 0001 Original 87.500 Ft 76.60000 $6,702.50
PVC, 8 inch
_ Sewer Bulkhead 4027050 0230 0230 18051.00 0001 Original 9.000 Ea 880.00000 $7,920.00
_ Water Main Fitting, 8237050 0525 0525 18051.00 0001 Original 1.000 Ea 1,225.00000 $1,225.00
12 inch, 45 Deg Bend
_ Water Main Fitting, 8237050 0530 0530 18051.00 0001 Original -1.000 Ea 885.00000 $-885.00
12 inch, Cap Off
_ Water Main Fitting, 8237050 0535 0535 18051.00 0001 Original -1.000 Ea 2,610.00000 $-2,610.00
12 inch, Sleeve
_ Water Main Fitting, 8237050 0540 0540 18051.00 0001 Original -1.000 Ea 1,465.00000 $-1,465.00
16 inch x 12 inch, R
educer
_ Water Main Fitting, 8237050 0550 0550 18051.00 0001 Original 1.000 Ea 3,135.00000 $3,135.00
16 inch x 16 inch, T ee
_ Water Main Fitting, 8237050 0555 0555 18051.00 0001 Original 1.000 Ea 2,365.00000 $2,365.00
16 inch x 6 inch, Te e
_ Water Main Fitting, 8237050 0570 0570 18051.00 0001 Original 4.000 Ea 2,000.00000 $8,000.00
16 inch, 45 Deg Bend
Contract: .18051.00 Cont. Mod.: 4 Page 3 of 11
Contract Modification
10/27/2021 4:09 PM
Eng., Inc.
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
_ Water Main Fitting, 8237050 0575 0575 18051.00 0001 Original 3.000 Ea 1,230.00000 $3,690.00
16 inch, Cap Off
_ Water Main Fitting, 8237050 0580 0580 18051.00 0001 Original 2.000 Ea 4,575.00000 $9,150.00
16 inch, Sleeve
_ Water Main Fitting, 6 8237050 0585 0585 18051.00 0001 Original -2.000 Ea 500.00000 $-1,000.00
inch, 45 Deg Bend
_ Water Main Fitting, 6 8237050 0590 0590 18051.00 0001 Original 1.000 Ea 515.00000 $515.00
inch, Cap Off
_ Water Main Fitting, 6 8237050 0595 0595 18051.00 0001 Original 1.000 Ea 1,055.00000 $1,055.00
inch, Sleeve
_ Water Main Fitting, 8 8237050 0600 0600 18051.00 0001 Original 2.000 Ea 845.00000 $1,690.00
inch x 6 inch, Red ucer
_ Water Main Fitting, 8 8237050 0605 0605 18051.00 0001 Original 5.000 Ea 885.00000 $4,425.00
inch, 45 Deg Bend
_ Water Main Fitting, 8 8237050 0610 0610 18051.00 0001 Original 2.000 Ea 1,210.00000 $2,420.00
inch, Sleeve
_ Water Main, Connect 8237050 0615 0615 18051.00 0001 Original 1.000 Ea 1,275.00000 $1,275.00
to Existing
_ Water Main, Fusible 8237001 0500 0500 18051.00 0001 Original -315.000 Ft 115.00000 $-36,225.00
PVC, 16 inch, Tr Det
G
Reason: Not used
Contract: .18051.00 Cont. Mod.: 4 Page 4 of 11
Contract Modification
10/27/2021 4:09 PM
Eng., Inc.
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
Aggregate Base, 10 3020026 0100 0100 18051.00 0001 Original 822.419 Syd 10.75000 $8,841.00
inch
Reason: Additional Agg Base used for redesign of Yuba from Cedar to Spring
Aggregate Base, 3 3020008 0645 0645 18051.00 0001 Extra -0.500 Syd 4.00000 $-2.00
inch 21AA, Mod
Curb and Gutter, 8020038 0325 0325 18051.00 0001 Original 130.500 Ft 12.65000 $1,650.83
Conc, Det F4
Curb Ramp Opening, 8030030 0340 0340 18051.00 0001 Original 61.000 Ft 15.00000 $915.00
Conc
Detectable Warning 8030010 0740 0740 18051.00 0001 Extra -4.500 Ft 45.00000 $-202.50
Surface Detectable
Warning Surface
Modified
Dr Str, Add Depth of 4030250 0260 0260 18051.00 0001 Original -0.500 Ft 700.00000 $-350.00
48in dia, 8Ft-15Ft
Dr Structure, Tap, 12 4030312 0270 0270 18051.00 0001 Original 1.000 Ea 1,400.00000 $1,400.00
inch
Dr Structure, Tap, 8 4030308 0265 0265 18051.00 0001 Original -1.000 Ea 550.00000 $-550.00
inch
Driveway Opening, 8020050 0330 0330 18051.00 0001 Original 44.500 Ft 15.00000 $667.50
Conc, Det M
Erosion Control, 2080012 0075 0075 18051.00 0001 Original -3.000 Ft 215.00000 $-645.00
Check Dam, Stone
Contract: .18051.00 Cont. Mod.: 4 Page 5 of 11
Contract Modification
10/27/2021 4:09 PM
Eng., Inc.
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
Machine Grading 2050030 0055 0055 18051.00 0001 Original 2.220 Sta 2,950.00000 $6,549.00
Maintenance Gravel, 3060021 0115 0115 18051.00 0001 Original -59.600 Cyd 13.00000 $-774.80
LM
Pavt Mrkg, 8110233 0755 0755 18051.00 0001 Extra -1.000 Ft 2.89000 $-2.89
Waterborne, 6 inch,
White Pavt Mrkg,
Waterborne, 6 inch,
White
Pavt Mrkg, 8110234 0760 0760 18051.00 0001 Extra -37.000 Ft 2.89000 $-106.93
Waterborne, 6 inch,
Yellow Pavt Mrkg,
Waterborne, 6 inch,
Yellow
Sewer Tap, 10 inch 4021203 0150 0150 18051.00 0001 Original -1.000 Ea 550.00000 $-550.00
Sewer Tap, 30 inch 4021208 0155 0155 18051.00 0001 Original -1.000 Ea 1,360.00000 $-1,360.00
Sewer Tap, 8 inch 4021202 0145 0145 18051.00 0001 Original 1.000 Ea 500.00000 $500.00
Sewer, Cl A, 48 inch, 4020040 0140 0140 18051.00 0001 Original -20.000 Ft 300.00000 $-6,000.00
Tr Det B
Sewer, Rem, 24 inch 2030016 0020 0020 18051.00 0001 Original 88.000 Ft 43.00000 $3,784.00
to 48 inch
Contract: .18051.00 Cont. Mod.: 4 Page 6 of 11
Contract Modification
10/27/2021 4:09 PM
Eng., Inc.
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
Sewer, Rem, Over 48 2030017 0025 0025 18051.00 0001 Original 34.000 Ft 60.00000 $2,040.00
inch
Shoulder, Cl I, 6 inch 3070108 0120 0120 18051.00 0001 Original -50.440 Syd 21.00000 $-1,059.24
Sidewalk Ramp, Conc, 8030036 0345 0345 18051.00 0001 Original 480.500 Sft 4.50000 $2,162.25
6 inch
Sidewalk, Conc, 4 inch 8030044 0350 0350 18051.00 0001 Original 3,504.900 Sft 3.20000 $11,215.68
Water Main, DI, 12 8230166 0485 0485 18051.00 0001 Original -7.000 Ft 126.00000 $-882.00
inch, Tr Det G
Water Main, DI, 16 8230171 0490 0490 18051.00 0001 Original 22.500 Ft 109.00000 $2,452.50
inch, Tr Det G
Water Main, DI, 6 inch, 8230151 0475 0475 18051.00 0001 Original 45.000 Ft 93.00000 $4,185.00
Tr Det G
Water Main, DI, 8 inch, 8230156 0480 0480 18051.00 0001 Original -23.000 Ft 71.00000 $-1,633.00
Tr Det G
Total Dollar Value: $60,008.41
New Items
Item Prop. Proj. Proposed
Item Description Code Line Line Project Catg. ItemType Quantity Unit Unit Price Dollar Value
_ 12" Concrete Pipe 8127050 0905 0905 18051.00 0000 Extra 1.000 Ea 76.00000 $76.00
Plug
Reason: Additional Water Main Items
Contract: .18051.00 Cont. Mod.: 4 Page 7 of 11
Contract Modification
10/27/2021 4:09 PM
Eng., Inc.
FieldManager 5.3c
New Items
Item Prop. Proj. Proposed
Item Description Code Line Line Project Catg. ItemType Quantity Unit Unit Price Dollar Value
_ 16" MJ Nitrile 8127050 0860 0860 18051.00 0000 Extra 8.000 Ea 74.00000 $592.00
Gasket - Material
Only
Reason: Additional Water Main Items
_ 16" Water Main 8237001 0855 0855 18051.00 0000 Extra 312.000 Ft 151.79000 $47,358.48
with Restrained
Nitrile Gaskets and
Poly Wrap
Reason: Spring Street
_ 16" x 4" DI Tee 8127050 0900 0900 18051.00 0000 Extra 1.000 Ea 4,002.00000 $4,002.00
Reason: Additional Water Main Items
_ 4" DI Pipe with 8127001 0895 0895 18051.00 0000 Extra 47.000 Ft 108.00000 $5,076.00
Poly Wrap
Reason: Additional Water Main Items
_ 4" MJ Cap 8127050 0890 0890 18051.00 0000 Extra 1.000 Ea 458.00000 $458.00
Reason: Additional Water Main Items
_ 4" MJ Nitrile 8127050 0870 0870 18051.00 0000 Extra 15.000 Ea 4.00000 $60.00
Gasket - Material
Only
Reason: Additional Water Main Items
_ 4" Restraint Nitrile 8127050 0880 0880 18051.00 0000 Extra 3.000 Ea 173.00000 $519.00
- Material Only
Reason: Additional Water Main Items
_ 4" Valve 8127050 0885 0885 18051.00 0000 Extra 1.000 Ea 1,451.00000 $1,451.00
Reason: Additional Water Main Items
_ 6" MJ Nitrile 8127050 0865 0865 18051.00 0000 Extra 4.000 Ea 38.00000 $152.00
Gasket - Material
Only
Reason: Additional Water Main Items
Contract: .18051.00 Cont. Mod.: 4 Page 8 of 11
Contract Modification
10/27/2021 4:09 PM
Eng., Inc.
FieldManager 5.3c
New Items
Item Prop. Proj. Proposed
Item Description Code Line Line Project Catg. ItemType Quantity Unit Unit Price Dollar Value
_ 6" Restraint Nitrile 8127050 0875 0875 18051.00 0000 Extra 3.000 Ea 237.00000 $711.00
- Material Only
Reason: Additional Water Main Items
_ 8" Sanitary - 8027001 0915 0915 18051.00 0000 Extra 112.000 Ft 4.15000 $464.80
Webster Existing to
San MH S
Connection - (Matl
Cost Diff)
Reason: additional sanitary sewer
_ Additional Efforts 2047051 0820 0820 18051.00 0000 Extra 1.000 LS 1,983.00000 $1,983.00
for Box Sewer
Removal
Reason: See Attachment
_ E2 Curb 8027001 0910 0910 18051.00 0000 Extra 70.000 Ft 22.00000 $1,540.00
Reason: backside of sidewalk on SW side of Spring Street near Muskegon Ave
_ Missing Sanitary 2047051 0805 0805 18051.00 0000 Extra 1.000 LS 624.00000 $624.00
MH R Invert
Reason: See Attachment
_ OS WM 2047051 0845 0845 18051.00 0000 Extra 1.000 LS 900.00000 $900.00
Connections -
Additional Material
Cost Only
Reason: See Attachment
_ Oversized 2047051 0830 0830 18051.00 0000 Extra 1.000 LS 1,200.00000 $1,200.00
Sleeves and Caps
for WM Connection
at Cedar and Yuba
- Mat. Only
Reason: See Attachment
_ Ref #3 T&M 7077051 0920 0920 18051.00 0000 Extra 1.000 LS 6,958.00000 $6,958.00
Work
Reason: Utility conflict on Pine Street between the water main and new sanitary sewer
Contract: .18051.00 Cont. Mod.: 4 Page 9 of 11
Contract Modification
10/27/2021 4:09 PM
Eng., Inc.
FieldManager 5.3c
New Items
Item Prop. Proj. Proposed
Item Description Code Line Line Project Catg. ItemType Quantity Unit Unit Price Dollar Value
_ Storm 2047051 0850 0850 18051.00 0000 Extra 1.000 LS 1,654.00000 $1,654.00
Adjustments in
Storm MH 7 and CB
7A
Reason: See Attachment
_ Storm MH 7 Invert 2047051 0825 0825 18051.00 0000 Extra 1.000 LS 1,971.00000 $1,971.00
Error
Reason: See Attachment
_ Storm Removal at 2047051 0835 0835 18051.00 0000 Extra 1.000 LS 1,239.00000 $1,239.00
Spring and Yuba
Intersection
Reason: See Attachment
_ Support City's 2047051 0800 0800 18051.00 0000 Extra 1.000 LS 2,788.00000 $2,788.00
Water Main Repair
at Webster and
Spring
Reason: See Attachment
_ Unmarked 2047051 0810 0810 18051.00 0000 Extra 1.000 LS 5,597.00000 $5,597.00
Concrete
Obstruction at Clay
and Spring Street
Reason: See Attachment
_ Unmarked Storm 2047051 0815 0815 18051.00 0000 Extra 1.000 LS 8,985.00000 $8,985.00
Sewer Stub at
Existing Storm MH
507
Reason: See Attachment
Total Dollar Value: $96,359.28
Contract: .18051.00 Cont. Mod.: 4 Page 10 of 11
Contract Modification
10/27/2021 4:09 PM
Eng., Inc.
FieldManager 5.3c
Project / Category Summary
Project/Category Federal Finance Control
Project/Catg Description Number Project Status System Section Dollar Value
18051.00 Muskegon - SRF Project 4 & XMPT STUL
10 Implementation
0000 $96,359.28
0001 Participating $60,008.41
Total: $156,367.69
Total Net Change Amount: $156,367.69
If authorized, the contractor agrees to do the work outlined above under the direction of the Engineer, and to accept as
payment in full the basis of payment as indicated. Prime Contractor, you are authorized and instructed as the
contractor to do the work described herein in accordance with the terms of your contract.
RECOMMENDED: Eng., Inc. APPROVED: City of Muskegon
ENGINEER (Authorized Signature) Date OWNER (Authorized Signature) Date
ACCEPTED: Jackson-Merkey Contractors, Inc
10/29/21
CONTRACTOR (Authorized Signature) Date Signature Date
Contract: .18051.00 Cont. Mod.: 4 Page 11 of 11
Contract Modification
12/7/2021 12:02 PM
Eng., Inc.
FieldManager 5.3c
Contract: .18051.00, Muskegon - SRF Project 4 & 10 Implementation
Cont. Mod. Revision Cont. Mod. Electronic Net Change Awarded Contract Amount
Number Number Date File Created
5 2 12/7/2021 No $102,563.27 $3,075,529.30
Route Managing Office District Entered By
Eng., Inc. 03707 Harrington Chris
Contract Location
Muskegon SRF Project
Short Description
Contract Modification No. 5 to balance completed items and add Extras
Description of Changes
Contract Modification No. 5 to balance completed items and add Extras from the Yuba Street Extension and Spring Street
irrigation repairs.
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
_ Curb and Gutter, 8027001 0795 0795 18051.00 0001 Extra 117.000 Ft 19.95000 $2,334.15
Conc, Det F4, Yuba
Reason: As Constructed
_ Dr Structure Cover, 4037050 0280 0280 18051.00 0001 Original 1.000 Ea 475.00000 $475.00
ADA Compliant
Reason: As Constructed Quantity
_ Dr Structure Cover, 4037050 0285 0285 18051.00 0001 Original -3.000 Ea 435.00000 $-1,305.00
Modified
Reason: As Constructed
_ Dr Structure Cover, 4037050 0790 0790 18051.00 0001 Extra 2.000 Ea 526.00000 $1,052.00
Modified, Yuba
Reason: As Constructed
_ Helical Pile, Load 7057050 0310 0310 18051.00 0001 Original -0.620 Ea 6,000.00000 $-3,720.00
Test
Reason: As Constructed
Contract: .18051.00 Cont. Mod.: 5, Rev. 2 Page 1 of 10
Contract Modification
12/7/2021 12:02 PM
Eng., Inc.
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
_ Machine Grading, 2017002 0770 0770 18051.00 0001 Extra -0.300 Sta 1,275.00000 $-382.50
Modified
Reason: As Constructed
_ Pavt, Rem, Modified 2047011 0050 0050 18051.00 0001 Original 1,712.250 Syd 3.00000 $5,136.75
Reason: As Constructed
_ Pollinator Tree, 8157050 0450 0450 18051.00 0001 Original 4.000 Ea 500.00000 $2,000.00
Coral Burst Crabapple,
6 foot
Reason: As Constructed
_ Sanitary Manhole, 48 4027050 0205 0205 18051.00 0001 Original -11.000 Ea 3,200.00000 $-35,200.00
inch Dia
Reason: As Constructed
_ Sanitary Manhole, 60 4027050 0210 0210 18051.00 0001 Original 6.000 Ea 9,000.00000 $54,000.00
inch Dia
Reason: As Constructed
_ Sanitary Sewer, 4027001 0170 0170 18051.00 0001 Original 5.000 Ft 98.00000 $490.00
PVC, 18 inch
Reason: As Constructed
_ Sanitary Sewer, 4027001 0175 0175 18051.00 0001 Original 1.000 Ft 440.00000 $440.00
PVC, 24 inch
Reason: As Constructed Quantity
_ Sanitary Sewer, 4027001 0200 0200 18051.00 0001 Original 77.500 Ft 76.60000 $5,936.50
PVC, 8 inch
Reason: As Constructed Quantity
_ Subbase, CIP, Yuba 3017021 0785 0785 18051.00 0001 Extra -703.410 Cyd 12.00000 $-8,440.92
Reason: As Constructed
Contract: .18051.00 Cont. Mod.: 5, Rev. 2 Page 2 of 10
Contract Modification
12/7/2021 12:02 PM
Eng., Inc.
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
_ Textured Asphalt 5017010 0300 0300 18051.00 0001 Original 157.000 Sft 13.25000 $2,080.25
Crosswalk
Reason: As Constructed
_ Turf Establishment, 8167011 0460 0460 18051.00 0001 Original 7,692.400 Syd 4.00000 $30,769.60
Performance
Reason: As Constructed
Aggregate Base, 10 3020026 0100 0100 18051.00 0001 Original 730.701 Syd 10.75000 $7,855.04
inch
Reason: As Constructed
Aggregate Base, 5 3020012 0095 0095 18051.00 0001 Original 85.330 Syd 6.50000 $554.65
inch
Reason: As Constructed
8120012 0395 0395
Barr,TypeIII,HighInten,DblSided,Ltd,Furn 18051.00 0001 Original 10.000 Ea 120.00000 $1,200.00
Reason: As Constructed
8120013 0400 0400
Barr,TypeIII,HighInten,DblSided,Ltd,Oper 18051.00 0001 Original 10.000 Ea 5.00000 $50.00
Reason: As Constructed
Culv End Sect, 12 inch 4010012 0125 0125 18051.00 0001 Original -2.000 Ea 1,100.00000 $-2,200.00
Reason: As Constructed
Curb and Gutter, 8020038 0325 0325 18051.00 0001 Original 25.500 Ft 12.65000 $322.58
Conc, Det F4
Reason: As Constructed
Curb and Gutter, Rem 2040020 0040 0040 18051.00 0001 Original 778.000 Ft 4.75000 $3,695.50
Reason: As Constructed
Contract: .18051.00 Cont. Mod.: 5, Rev. 2 Page 3 of 10
Contract Modification
12/7/2021 12:02 PM
Eng., Inc.
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
Dr Structure Cover, 4030005 0245 0245 18051.00 0001 Original 3.000 Ea 620.00000 $1,860.00
Adj, Case 1
Reason: As Constructed
Dr Structure, 48 inch 4030210 0250 0250 18051.00 0001 Original -2.000 Ea 2,255.00000 $-4,510.00
dia
Reason: As Constructed
Dr Structure, 60 inch 4030220 0255 0255 18051.00 0001 Original -1.000 Ea 3,160.00000 $-3,160.00
dia
Reason: As Constructed
Dr Structure, Rem 2030011 0010 0010 18051.00 0001 Original 8.000 Ea 785.00000 $6,280.00
Reason: As Constructed
Dr Structure, Tap, 8 4030308 0265 0265 18051.00 0001 Original 1.000 Ea 550.00000 $550.00
inch
Reason: As Constructed
Dr Structure, Temp 4030390 0275 0275 18051.00 0001 Original 6.000 Ea 425.00000 $2,550.00
Lowering
Reason: As Constructed
Driveway, Nonreinf 8010005 0320 0320 18051.00 0001 Original 92.790 Syd 24.80000 $2,301.19
Conc, 6 inch
Reason: As Constructed
Erosion Control, Silt 2080036 0085 0085 18051.00 0001 Original -812.000 Ft 3.00000 $-2,436.00
Fence
Reason: As Constructed
HMA Approach 5010061 0295 0295 18051.00 0001 Original -262.280 Ton 130.00000 $-34,096.40
Reason: As Constructed
Contract: .18051.00 Cont. Mod.: 5, Rev. 2 Page 4 of 10
Contract Modification
12/7/2021 12:02 PM
Eng., Inc.
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
HMA, 13A 5010033 0290 0290 18051.00 0001 Original 742.200 Ton 99.60000 $73,923.12
Reason: As Constructed
Lighted Arrow, Type C, 8120140 0405 0405 18051.00 0001 Original -1.000 Ea 500.00000 $-500.00
Furn
Reason: As Constructed
Lighted Arrow, Type C, 8120141 0410 0410 18051.00 0001 Original -1.000 Ea 200.00000 $-200.00
Oper
Reason: As Constructed
Machine Grading 2050030 0055 0055 18051.00 0001 Original 4.040 Sta 2,950.00000 $11,918.00
Reason: As Constructed
Maintenance Gravel, 3060021 0115 0115 18051.00 0001 Original 57.100 Cyd 13.00000 $742.30
LM
Reason: As Constructed
Non Haz Contam Matl 2050031 0060 0060 18051.00 0001 Original -693.000 Cyd 50.00000 $-34,650.00
Handling & Disp, LM
Reason: As Constructed
Pavt Mrkg, Ovly Cold 8110024 0365 0365 18051.00 0001 Original 44.000 Ft 3.00000 $132.00
Plastic,6in, X-Walk
Reason: As Constructed
Pavt Mrkg, 8110231 0375 0375 18051.00 0001 Original -25.000 Ft 1.00000 $-25.00
Waterborne, 4 inch,
White
Reason: As Constructed
Pavt Mrkg, 8110232 0380 0380 18051.00 0001 Original -2,364.000 Ft 0.50000 $-1,182.00
Waterborne, 4 inch,
Yellow
Reason: As Constructed
Contract: .18051.00 Cont. Mod.: 5, Rev. 2 Page 5 of 10
Contract Modification
12/7/2021 12:02 PM
Eng., Inc.
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
Pavt Mrkg, 8110233 0755 0755 18051.00 0001 Extra 1.000 Ft 2.89000 $2.89
Waterborne, 6 inch,
White Pavt Mrkg,
Waterborne, 6 inch,
White
Reason: As Constructed
Pavt Mrkg, 8110234 0760 0760 18051.00 0001 Extra 543.000 Ft 2.89000 $1,569.27
Waterborne, 6 inch,
Yellow Pavt Mrkg,
Waterborne, 6 inch,
Yellow
Reason: As Constructed
Pavt Mrkg,Ovly 8110045 0370 0370 18051.00 0001 Original 38.000 Ft 10.00000 $380.00
ColdPlastic,24in,Stop
Bar
Reason: As Constructed
Pavt 8110251 0385 0385 18051.00 0001 Original -50.000 Ft 1.00000 $-50.00
Mrkg,Waterborne,2nd
Appl,4,White
Reason: As Constructed
Pavt 8110252 0390 0390 18051.00 0001 Original -2,400.000 Ft 0.50000 $-1,200.00
Mrkg,Waterborne,2nd
Appl,4,Yellow
Reason: As Constructed
Sewer Tap, 30 inch 4021208 0155 0155 18051.00 0001 Original 1.000 Ea 1,360.00000 $1,360.00
Reason: As Constructed
Sewer, Cl A, 12 inch, 4020033 0130 0130 18051.00 0001 Original -6.000 Ft 50.00000 $-300.00
Tr Det B
Reason: As Constructed
Sewer, Rem, Less 2030015 0015 0015 18051.00 0001 Original 65.000 Ft 23.00000 $1,495.00
than 24 inch
Reason: As Constructed
Contract: .18051.00 Cont. Mod.: 5, Rev. 2 Page 6 of 10
Contract Modification
12/7/2021 12:02 PM
Eng., Inc.
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
Sidewalk, Rem 2040055 0045 0045 18051.00 0001 Original 346.400 Syd 6.00000 $2,078.40
Sign, Type B, Temp, 8120350 0440 0440 18051.00 0001 Original 287.500 Sft 4.00000 $1,150.00
Prismatic, Furn
Reason: As Constructed
Sign, Type B, Temp, 8120351 0445 0445 18051.00 0001 Original 287.500 Sft 1.00000 $287.50
Prismatic, Oper
Reason: As Constructed
Subbase, CIP 3010002 0090 0090 18051.00 0001 Original -1,303.000 Cyd 1.00000 $-1,303.00
Reason: As Constructed
Video Taping Sewer 4021275 0160 0160 18051.00 0001 Original -1,129.700 Ft 2.00000 $-2,259.40
and Culv Pipe
Reason: As Constructed
Water Main, DI, 12 8230166 0485 0485 18051.00 0001 Original 4.000 Ft 126.00000 $504.00
inch, Tr Det G
Reason: As Constructed
Water Main, DI, 16 8230171 0490 0490 18051.00 0001 Original 8.500 Ft 109.00000 $926.50
inch, Tr Det G
Reason: As Constructed
Total Dollar Value: $91,281.97
New Items
Item Prop. Proj. Proposed
Item Description Code Line Line Project Catg. ItemType Quantity Unit Unit Price Dollar Value
_ Additional Valve 4017051 0930 0930 18051.00 0000 Extra 1.000 LS 71.00000 $71.00
Box Top Section
Reason: See Attachment
Contract: .18051.00 Cont. Mod.: 5, Rev. 2 Page 7 of 10
Contract Modification
12/7/2021 12:02 PM
Eng., Inc.
FieldManager 5.3c
New Items
Item Prop. Proj. Proposed
Item Description Code Line Line Project Catg. ItemType Quantity Unit Unit Price Dollar Value
_ Double K Casting 4017051 0940 0940 18051.00 0000 Extra 1.000 LS 1,518.00000 $1,518.00
Upgrade - Material
Only
Reason: See Attachment
_ Manhole 4017051 0945 0945 18051.00 0000 Extra 1.000 LS 508.00000 $508.00
Abandonment
Reason: See Attachment
_ Pavement 8117001 0980 0980 18051.00 0000 Extra 300.000 Ft 1.15000 $345.00
Marking Removal
Reason: additional pavement marking removal
_ Pavt Mrkg, 8127050 0970 0970 18051.00 0000 Extra 1.000 Ea 86.25000 $86.25
Waterborne, White
Right Turn Arrow
Sym
Reason: Extra pavement markings
_ Pavt Mrkg, 8127050 0965 0965 18051.00 0000 Extra 1.000 Ea 172.50000 $172.50
Waterborne, White,
Merge Arrow Sym
Reason: Additional pavement markings
_ Pavt Mrkg, 8127050 0975 0975 18051.00 0000 Extra 1.000 Ea 74.75000 $74.75
Waterborne, White,
Thru Arrow Sym
Reason: Additional pavement markings
_ Robotics File 4017051 0925 0925 18051.00 0000 Extra 1.000 LS 368.00000 $368.00
Adjustment
Reason: See Attachment
_ Specialty 4017051 0950 0950 18051.00 0000 Extra 1.000 LS 325.00000 $325.00
Adjustment Rings
Reason: See Attachment
Contract: .18051.00 Cont. Mod.: 5, Rev. 2 Page 8 of 10
Contract Modification
12/7/2021 12:02 PM
Eng., Inc.
FieldManager 5.3c
New Items
Item Prop. Proj. Proposed
Item Description Code Line Line Project Catg. ItemType Quantity Unit Unit Price Dollar Value
_ Spring St - 4017051 0955 0955 18051.00 0000 Extra 1.000 LS 1,726.20000 $1,726.20
Irrigation Repairs
C-Station
Reason: See Attachment
_ Spring St. - 4017051 0960 0960 18051.00 0000 Extra 1.000 LS 159.60000 $159.60
Irrigation Repairs
111 W Western
Ave
Reason: See Attachment
_ Unused Drainage 4017051 0935 0935 18051.00 0000 Extra 1.000 LS 2,727.00000 $2,727.00
Structures
Reason: See Attachment
_ Webster 8167051 0985 0985 18051.00 0000 Extra 1.000 LS 3,200.00000 $3,200.00
Permanent Signs
Addition
Reason: Permanent Signs added to Webster
Total Dollar Value: $11,281.30
Project / Category Summary
Project/Category Federal Finance Control
Project/Catg Description Number Project Status System Section Dollar Value
18051.00 Muskegon - SRF Project 4 & XMPT STUL
10 Implementation
0000 $11,281.30
0001 Participating $91,281.97
Total: $102,563.27
Total Net Change Amount: $102,563.27
Contract: .18051.00 Cont. Mod.: 5, Rev. 2 Page 9 of 10
Contract Modification
12/7/2021 12:02 PM
Eng., Inc.
FieldManager 5.3c
If authorized, the contractor agrees to do the work outlined above under the direction of the Engineer, and to accept as
payment in full the basis of payment as indicated. Prime Contractor, you are authorized and instructed as the
contractor to do the work described herein in accordance with the terms of your contract.
RECOMMENDED: Eng., Inc. APPROVED: City of Muskegon
ENGINEER (Authorized Signature) Date OWNER (Authorized Signature) Date
ACCEPTED: Jackson-Merkey Contractors, Inc
12/7/2021
CONTRACTOR (Authorized Signature) Date Signature Date
Contract: .18051.00 Cont. Mod.: 5, Rev. 2 Page 10 of 10
4063 Grand Oak Drive 16930 Robbins Road
With offices in Lansing Suite A109 Suite 105
and Grand Haven Lansing, MI 48911 Grand Haven, MI 49417
engdot.com 517.887.1100 616.743.7070
September 22, 2021
Mr. Leo Evans, PE, Director
Department of Public Works
City of Muskegon
1350 Keating Ave.
Muskegon, MI 49442
RE: Contract Amendment No. 4, FY 2019
SRF/DWRF Project Implementation
Spring Street Sewer Re-Route
Dear Mr. Evans:
As we discussed, this letter is a request for a contract amendment to include additional design and
construction engineering services for the referenced project. The additional scope of work includes
design, EGLE permitting, and construction engineering to improve the storm water outfall to Ryerson
Creek near the intersection of Spring Street and Webster Avenue. The amendment also includes
additional construction engineering for the increased timeframe to complete the original work on
Spring Street and additional work on Yuba Street, both of which are nearing completion.
Ryerson Creek Outfall Improvements:
The Ryerson Creek outfall improvements include the design and EGLE permitting to replace the
failing 24-inch CSP culvert to Ryerson Creek with a relocated open drain system including pre-
treatment forebay. We anticipate this work will be done in October and November of this year and
we anticipate a 2-week construction duration with construction staking included.
Based on this understanding of the additional scope of services we anticipate the following costs:
Design & Permitting Phase: $5,500
Construction Phase: $8,000
Spring Street and Yuba Street Construction Phase:
Our original proposal for the Spring Street and Bourdon Street alley sewer project was prepared in
October 2018 prior to any design work being completed, and based upon an assumed 22-week
construction duration. The construction inspection, administration, and engineering supervision
hours were also based upon a 22-week timeframe in 2020.
The construction work began in August 2020 and paused in November 2020 for winter. Work
resumed March 23, 2021 and has been ongoing since that time with minor pauses. Pursuant to
Amendment No. 3 earlier this year and with the project nearing substantial completion, our team has
incurred 10 additional weeks of construction timeframe from that amendment with the following
breakdown of fees:
Construction Inspection (50 hrs/wk): $ 42,500
Construction Administration (4 hrs/wk): $ 4,000
Engineering Supervision (2 hrs/wk): $ 3,700
It’s who we are and what we do.
Summary:
The following summarizes the additional fees requested:
Ryerson Creek Outfall Improvements: $ 13,500
Spring Street & Yuba Street Construction Phase: $ 50,200
Total Additional: $ 63,700
The contract amendment, if approved, would adjust our contract amount from $300,405 to $364,105.
This is approximately 11.2% of the construction cost.
Thank you for your consideration of this request. If this request meets with your approval, please
sign and date it where indicated below to authorize the contract amendment, and return it to our
office.
Sincerely,
Eng., Inc.
Ryan C. McEnhill, PE
President
Proposed Contract Amendment accepted by the City of Muskegon:
Authorized Signature Date
Printed Name Title
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 14th, Title: Edgewater Resources Engineering
2021 Services Agreement
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking approval of two (2) Engineering Services Agreements with Edgewater Resources
related to the development of public infrastructure at Adelaide Pointe.
Detailed Summary:
Both of these Engineering Services Agreements cover items for development that are partially funded
by the City and partially funded by the Developer. As such the standard purchasing policy was not
used for procurement. The proposal was requested from the developers engineer as they are the best
suited to complete this joint investment portion of the project based on their prior work at the site. The
remaining public infrastructure items (streets, water, sewer, etc…) will be recommended for
Commission Approval via a Request for Proposals process at a later date.
• The work contained within the first ESA encompasses the permitting required for the work in
the East Basin (Formerly the Hartshorn Marina Small Boat Basin). The project work will require
completion of a Joint Permit Application to MDEGLE with concurrence and review from the
USACE and USCG.
• The work contained within the second ESA encompasses the design, bidding and construction
engineering for the lift well and launch ramp elements of the east basin. As noted above these
are considered public infrastructure improvements per the Development Agreement and
Brownfield Plan.
In conjunction with the work outlined in these two ESA documents Edgewater Resources will also be
completing permitting and engineering for the non-public portions of the work at developers expense
within the east basin which includes additional dredging, construction of shopper docks, and other
items.
Staff is recommending that these ESA’s be approved conditional to the sale of the bonds to finance
the public infrastructure on the site.
Amount Requested: Amount Budgeted:
Permitting ESA = $15,000 Estimated $10M Bond Revenue for Public
Lift Well & Ramp ESA = $85,000 Infrastructure at a TBD Future Date
Fund(s) or Account(s): TBD Brownfield Fund Fund(s) or Account(s): TBD Brownfield Fund
Recommended Motion:
Authorize staff to execute the Engineering Services Agreements from Edgewater Resources related to the
work in the East Basin, contingent upon successful sale and closure of the bonds for the public infrastructure
at this site.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
2
3
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 14th, Title: Project 92002 – Change Orders #003
2021
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking approval of Final Contract Modification #003 with McCormick Sand for their work on
the northern portion of the Peck Street project.
Detailed Summary:
Contract Modifications #003 represents the final adjustment of quantities and cost for the project to
bring it to final completion. The project as a whole will finish at $874,335.87 which represents and
increase of $31,197.05 dollars over the As-Bid amount ($843,138.82) representing an increase of
3.7%.
The largest increase was a result of requiring additional length of water line to replace the water
services along the project (>$24K). Under the new state guidelines we must replace the service line to
a point within the house. We are often unable to gain access to the houses ahead of time to verify the
exact length so we include an estimated value and field engineer the connections so we only need to
access the house and inconvenience the property owner a minimum number of times.
The project will finish very near the programmed budget once final engineering and testing costs are
accounted. A slight adjustment via a future reforecast is possible to match the final project amounts.
This change order is brought for Commission consideration as it exceeds the staff approval threshold
of $30K. The previous two change orders were within the staff approval limits.
Amount Requested: Amount Budgeted:
Change Order #003 - $35,929.16 $650,000 (202-92002)
$300,000 (591-92002)
Fund(s) or Account(s): Various-91851-5346 Fund(s) or Account(s): Various-91851-5346
Recommended Motion:
Authorize staff to approve Change Orders #003 with McCormick Sand for the work on City project 92002
(Peck Street – Merrill to Apple).
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Contract Modification
12/7/2021 3:40 PM
Michigan Department of Transportation
FieldManager 5.3c
Contract: 61000-205371, Hot mix asphalt reconstruction, concrete curb, gutter and ra
Cont. Mod. Revision Cont. Mod. Electronic Net Change Awarded Contract Amount
Number Number Date File Created
3 2 12/7/2021 Yes $35,929.16 $843,138.82
Route Managing Office District Entered By
City of Muskegon 03027 Fred Pease
Contract Location
Peck Street from Merrill Avenue northerly to Apple Avenue (M
Short Description
Add extra pay items for pavement markings, Extension of time, Balance quantity of several items.
Description of Changes
A. Original Contract Amount: $843,138.82
B. Current Contract Value (including this revision): $874,335.87
C. Net Total Change (B-A): $31,197.05
D. Net Percent Change (C/A*100): 3.7%
E. MDOT Oversight Project: Yes
F: Revision Summary: This Contract Modification requires Tier I approval.
Authorization is requested to Extend Contract Time 10 Calendar Days. An extension of 10 calendar days is recommended
due to Frontier Communications vault conflicts causing delays to items of work from 10/3/21 thru 10/12/21. There will be no
Traffic Control Adjustment allowed for this time extension. Authorization is also requested to balance the quantity of several
pay items.
In addition authorization is requested to add the following extra pay items to the contract:
Pavt Mrkg, Waterborne, 6 inch, Crosswalk......................550 Feet at $1.25 per Foot = $687.50
Pavt Mrkg, Waterborne, 12 inch, Crosswalk....................312 Feet at $2.00 per Foot = $624.00
Pavt Mrkg, Waterborne, 18 inch, Stop Bar........................108 Feet at $3.00 per Foot = $324.00
Pavt Mrkg, Waterborne, Lt Turn Arrow...............................2 Each at $75.00 per Each = $150.00
Pavt Mrkg, Waterborne, Rt Turn Arrow..............................1 Each at $75.00 per Each = $75.00
Pavt Mrkg, Waterborne, Thru Arrow...................................1 Each at $75.00 per Each = $75.00
Total........$1,935.50
By mutual agreement, these listed unit price costs are full compensation for all labor, equipment and materials necessary to
construct these items of work in accordance with the 2012 MDOT Standard Specifications for Construction, Contract Special
Provisions, MDOT Standard Plans and/or as directed by the Engineer.
Contract: 61000-205371 Cont. Mod.: 3, Rev. 2 Page 1 of 9
Contract Modification
12/7/2021 3:40 PM
Michigan Department of Transportation
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
_ Corporation Stop, 1 8237050 0760 0840 205371A 0003 Original 1.000 Ea 675.00000 $675.00
inch
_ Curb and Gutter, 8027001 0370 0360 205371A 0001 Original 147.500 Ft 15.00000 $2,212.50
Conc, Det F4, Modified
_ Curb Stop and Box, 8237050 0780 0860 205371A 0003 Original 2.000 Ea 450.00000 $900.00
1 inch
_ Dr Structure Cover, 4037050 0300 0290 205371A 0001 Original 3.000 Ea 900.00000 $2,700.00
Adj, Case 1, Modifie d
_ Dr Structure Cover, 4037050 0310 0300 205371A 0001 Original 3.000 Ea 1,000.00000 $3,000.00
Type B, Modified
_ Dr Structure Cover, 4037050 0320 0310 205371A 0001 Original -1.000 Ea 1,100.00000 $-1,100.00
Type D, Modified
_ Dr Structure Cover, 4037050 0330 0320 205371A 0001 Original 3.000 Ea 1,100.00000 $3,300.00
Type K, Modified
_ Dr Structure, Adj, 4037001 0270 0260 205371A 0001 Original -1.300 Ft 275.00000 $-357.50
Add Depth, Modified
_ Dr Structure, Rem, 2037050 0050 0050 205371A 0001 Original 1.000 Ea 500.00000 $500.00
Modified
_ Driveway, Nonreinf 8017011 0360 0350 205371A 0001 Original 31.170 Syd 42.00000 $1,309.14
Conc, 8 inch, Modifie d
Contract: 61000-205371 Cont. Mod.: 3, Rev. 2 Page 2 of 9
Contract Modification
12/7/2021 3:40 PM
Michigan Department of Transportation
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
_ Hydroseeding 8167011 0670 0660 205371A 0001 Original 63.510 Syd 1.50000 $95.27
_ Sewer Tap, 18 inch, 4027050 0230 0220 205371A 0001 Original 1.000 Ea 500.00000 $500.00
Modified
_ Sleeve, 8 inch, Long, 8237050 0840 0920 205371A 0003 Original 2.000 Ea 2,000.00000 $4,000.00
DI MJ
_ Water Service, 1 8237001 0680 0760 205371A 0003 Original 20.800 Ft 40.00000 $832.00
inch, Copper Type K
_ Water Service, 8237050 0890 0970 205371A 0003 Original 4.000 Ea 1,000.00000 $4,000.00
Building Connection, 1
in ch
_ Water Service, 8237050 0900 0980 205371A 0003 Original -1.000 Ea 1,200.00000 $-1,200.00
Building Connection, 2
in ch
_ Water Service, 8237001 0700 0780 205371A 0003 Original 532.500 Ft 40.00000 $21,300.00
Private Property, 1
inch
_ Water Service, 8237001 0710 0790 205371A 0003 Original 58.000 Ft 55.00000 $3,190.00
Private Property, 2
inch
_ Watermain, DI, 8 8237001 0730 0810 205371A 0003 Original 22.000 Ft 65.00000 $1,430.00
inch, Tr Det G, Modifie
d
Contract: 61000-205371 Cont. Mod.: 3, Rev. 2 Page 3 of 9
Contract Modification
12/7/2021 3:40 PM
Michigan Department of Transportation
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
Curb Ramp Opening, 8030030 0390 0380 205371A 0001 Original 13.500 Ft 22.00000 $297.00
Conc
Detectable Warning 8030010 0380 0370 205371A 0001 Original 27.500 Ft 33.00000 $907.50
Surface
Fagus grandifolia, 1 8151407 0640 0630 205371A 0001 Original -2.000 Ea 525.00000 $-1,050.00
1/2 inch
Hand Patching 5010025 0340 0330 205371A 0001 Original -11.890 Ton 100.00000 $-1,189.00
Hand Patching 5010025 0340 0730 205371A 0003 Original -3.000 Ton 100.00000 $-300.00
HMA, 4E3 5010051 0350 0340 205371A 0001 Original -14.270 Ton 83.00000 $-1,184.41
Maintenance Gravel, 3060021 0120 0120 205371A 0001 Original -200.000 Cyd 10.00000 $-2,000.00
LM
Pavt Mrkg, Ovly Cold 8110041 0440 0430 205371A 0001 Original -360.000 Ft 3.50000 $-1,260.00
Plastic,12in,X-Walk
Pavt Mrkg, Ovly Cold 8110024 0430 0420 205371A 0001 Original -600.000 Ft 2.25000 $-1,350.00
Plastic,6in, X-Walk
Pavt Mrkg, 8110232 0500 0490 205371A 0001 Original 162.000 Ft 0.20000 $32.40
Waterborne, 4 inch,
Yellow
Contract: 61000-205371 Cont. Mod.: 3, Rev. 2 Page 4 of 9
Contract Modification
12/7/2021 3:40 PM
Michigan Department of Transportation
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
Pavt Mrkg, 8110233 0510 0500 205371A 0001 Original 335.000 Ft 0.20000 $67.00
Waterborne, 6 inch,
White
Pavt Mrkg,Ovly Cold 8110063 0460 0450 205371A 0001 Original -2.000 Ea 125.00000 $-250.00
Plastic,Lt Tn Ar Sym
Pavt Mrkg,Ovly Cold 8110071 0470 0460 205371A 0001 Original -1.000 Ea 125.00000 $-125.00
Plastic,Rt Tn Ar Sym
Pavt Mrkg,Ovly Cold 8110078 0480 0470 205371A 0001 Original -1.000 Ea 125.00000 $-125.00
Plastic,Thru Ar Sym
Pavt Mrkg,Ovly 8110044 0450 0440 205371A 0001 Original -99.000 Ft 5.00000 $-495.00
ColdPlastic,18in,Stop
Bar
Quercus rubra, 1 1/2 8153124 0650 0640 205371A 0001 Original -3.000 Ea 525.00000 $-1,575.00
inch
Sidewalk Ramp, Conc, 8030037 0400 0390 205371A 0001 Original -371.975 Sft 7.00000 $-2,603.83
7 inch
Sidewalk, Conc, 4 inch 8030044 0410 0400 205371A 0001 Original 810.165 Sft 4.25000 $3,443.20
Sidewalk, Conc, 4 inch 8030044 0410 0740 205371A 0003 Original -242.500 Sft 4.25000 $-1,030.63
Sidewalk, Conc, 7 inch 8030047 0420 0410 205371A 0001 Original -51.500 Sft 4.50000 $-231.75
Contract: 61000-205371 Cont. Mod.: 3, Rev. 2 Page 5 of 9
Contract Modification
12/7/2021 3:40 PM
Michigan Department of Transportation
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
Sidewalk, Conc, 7 inch 8030047 0420 0750 205371A 0003 Original -150.000 Sft 4.50000 $-675.00
Sidewalk, Rem 2040055 0060 0060 205371A 0001 Original -353.320 Syd 6.00000 $-2,119.92
Sidewalk, Rem 2040055 0060 0690 205371A 0003 Original -21.000 Syd 6.00000 $-126.00
Stump, Rem, 19 inch 2020006 0020 0020 205371A 0001 Original 1.000 Ea 250.00000 $250.00
to 36 inch
Topsoil Surface, Furn, 8160062 0660 0650 205371A 0001 Original 63.520 Syd 4.50000 $285.84
4 inch
Video Taping Sewer 4021275 0160 0160 205371A 0001 Original -590.100 Ft 1.50000 $-885.15
and Culv Pipe
Total Dollar Value: $33,993.66
New Items
Item Prop. Proj. Proposed
Item Description Code Line Line Project Catg. ItemType Quantity Unit Unit Price Dollar Value
_ Pavt Mrkg, 8117001 0985 1060 205371A 0001 Extra 108.000 Ft 3.00000 $324.00
Waterborne 18
inch, Stop Bar
Reason: Pavt Mrkg, Waterborne, 18 inch, Stop Bar was used in lieu of Pavt Mrkg, Ovly Cold Plastic, 18 inch, Stop Bar due to weather
conditions at the time of placement. Unit cost price of $3.00 per Foot was deemed reasonable, since the MDOT Weighted Average
Price Report for Quarter 3 of 2020, and Quarter 2 of 2021 has an award unit cost prices for Pavt Mrkg, Waterborne, 18 inch, Stop Bar
of $5.00 and $1.70 per Foot respectively.
Contract: 61000-205371 Cont. Mod.: 3, Rev. 2 Page 6 of 9
Contract Modification
12/7/2021 3:40 PM
Michigan Department of Transportation
FieldManager 5.3c
New Items
Item Prop. Proj. Proposed
Item Description Code Line Line Project Catg. ItemType Quantity Unit Unit Price Dollar Value
_ Pavt Mrkg, 8117001 0965 1040 205371A 0001 Extra 312.000 Ft 2.00000 $624.00
Waterborne, 12
inch, Crosswalk
Reason: Pavt Mrkg, Waterborne, 12 inch, Crosswalk was used in lieu of Pavt Mrkg, Ovly Cold Plastic, 12 inch, x-walk due to the
weather conditions at time of placement. Unit cost price of $2.00 per Foot was deemed reasonable, since the MDOT Weighted
Average Price Report for the first 2 Quarters of 2021 has an award unit cost prices for Pavt Mrkg, Waterborne, 12 inch, Crosswalk
ranging between $1.00 to $6.00 per Foot.
_ Pavt Mrkg, 8117001 0960 1035 205371A 0001 Extra 550.000 Ft 1.25000 $687.50
Waterborne, 6 inch,
Crosswalk
Reason: Pavt Mrkg, Waterborne, 6 inch, Crosswalk was used in lieu of Pavt Mrkg, Ovly Cold Plastic, 6 inch, x-walk due to the
weather conditions at time of placement. Unit cost price of $1.25 per foot was deemed reasonable, since the MDOT Weighted
Average Price Report for the first 3 Quarters of 2021 has an award unit cost price for Pavt Mrkg, Waterborne, 6 inch, Crosswalk
ranging between $1.00 to $6.00 per Foot.
_ Pavt Mrkg, 8117050 0970 1045 205371A 0001 Extra 2.000 Ea 75.00000 $150.00
Waterborne, Lt
Turn Arrow
Reason: Pavt Mrkg, Waterborne, Lt Turn Arrow was used in lieu of Pavt Mrkg, Ovly Cold Plastic, Lt Turn Arrow Symbol due to
weather conditions at time of placement. Unit cost of $75.00 per Each was deemed reasonable, since the MDOT Weighted Average
Price Report for the first 2 Quarters of 2021 has an award unit cost prices for Pavt Mrkg, Waterborne, Lt Turn Arrow ranging between
$56.00 to $79.00 per Each.
_ Pavt Mrkg, 8117050 0980 1055 205371A 0001 Extra 1.000 Ea 75.00000 $75.00
Waterborne, Rt
Turn Arrow
Reason: Pavt Mrkg, Waterborne, Rt Turn Arrow was used in lieu of Pavt Mrkg, Ovly Cold Plastic, Rt Turn Arrow Symbol due to
weather conditions at time of placement. Unit cost of $75.00 per Each was deemed reasonable, since the MDOT Weighted Average
Price report for the first 3 Quarters of 2021 has an award unit cost prices for Pavt Mrkg, Waterborne, Rt Turn Arrow ranging between
$40.00 to $100.00 per Each.
_ Pavt Mrkg, 8117050 0975 1050 205371A 0001 Extra 1.000 Ea 75.00000 $75.00
Waterborne, Thru
Arrow
Reason: Pavt Mrkg, Waterborne, Thru Arrow was used in lieu of Pavt Mrkg, Ovly Cold Plastic, Thru Arrow Symbol due to weather
conditions at time of placement. Unit cost of $75.00 per Each was deemed reasonable, since the MDOT Weighted Average Price
Report for Quarters 2 and 3 of 2021 has an award unit cost prices for Pavt Mrkg, Waterborne, Thru Arrow ranging between $30.00 to
$100.00 per each.
Total Dollar Value: $1,935.50
Contract: 61000-205371 Cont. Mod.: 3, Rev. 2 Page 7 of 9
Contract Modification
12/7/2021 3:40 PM
Michigan Department of Transportation
FieldManager 5.3c
Time Extensions
Original Compl. Additional New Compl.
Site Site Description Site Type Date/Days No. of Days Date/Days
00 Contract Time 00 Completion Date 10/1/2021 11/8/2021
Reason: It is recommended that the contract completion date be extended 10 calendar days from October 29, 2021 to
November 8, 2021 without the assessment of liquidated damages. See form 1100A in Projectwise for details related to this
Extension of Time request. There will be no Traffic Control Adjustment allowed for this time extension.
Project / Category Summary
Project/Category Federal Finance Control
Project/Catg Description Number Project Status System Section Dollar Value
205371A Hot mix asphalt 21A0187 MDOT Oversight STUL 61000
reconstruction, concrete curb,
gutter and ra
0001 Road Work Federal 81.85%/City of Muskegon 18.15% $2,933.79
0003 Road Work City of Muskegon 100% $32,995.37
Total: $35,929.16
Total Net Change Amount: $35,929.16
Contract: 61000-205371 Cont. Mod.: 3, Rev. 2 Page 8 of 9
Contract Modification
12/7/2021 3:40 PM
Michigan Department of Transportation
FieldManager 5.3c
If authorized, the contractor agrees to do the work outlined above under the direction of the Engineer, and to accept as
payment in full the basis of payment as indicated. Prime Contractor, you are authorized and instructed as the
contractor to do the work described herein in accordance with the terms of your contract.
Prime Contractor: McCormick Sand, Inc. Recommended by Construction Engineer: Gregg Zack -
Muskegon TSC
Signature Date Signature Date
Prepared by Project Engineer: Leo Evans Authorized by Managing Office Manager: Marc
Fredrickson-Muskegon TSC
Signature Date Signature Date
Prepared by Consultant Project Manager: Authorized by Region Construction Engineer: Chris Van
Norwick-Grand Region
Signature Date Signature Date
Recommended by Local Agency: City of Muskegon Authorized by Bureau of Field Services:
Signature Date Signature Date
Authorized by Airport Sponsor: Authorized by Airports Division:
Signature Date Signature Date
FEDERAL PARTICIPATION - ACTION BY F.H.W.A.
___Approved ___Not Eligible
___See Letter Dated _________ (Signature) (Date)
FEDERAL PARTICIPATION - ACTION BY F.A.A.
___Approved ___Not Eligible
___See Letter Dated _________ (Signature) (Date)
Contract: 61000-205371 Cont. Mod.: 3, Rev. 2 Page 9 of 9
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 14, 2021 Title: Arena Vending
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Staff is seeking approval to purchase three vending machines for Mercy Heath
Arena.
Detailed Summary. Arena staff has been unable to consistently open the concession stands in a
profitable manner during small events such as youth hockey, high school hockey, etc. Staff is
recommending that three vending machines be purchased to provide snacks, cold drinks, and hot
drinks during these times. Staff has received a number of quotes, and it is likely that multiple vendors
will be used to complete the purchase(s). We are seeking approval to expend $25,000 to purchase
the three machines. A sample of the machine types and costs is attached.
Although this specific purchase was not budgeted, staff feels that the purchase can fit within the
current Mercy Health Arena budget.
Amount Requested: $25,000.00 Amount Budgeted: $25,000
Fund(s) or Account(s): Mercy Health Arena Fund(s) or Account(s): Mercy Health Arena
Recommended Motion: Authorize the purchase of three vending machines for Mercy Health Arena
at a combined cost not to exceed $25,000.
Webstraunt Store:
Vendo GF9 Glass Front Refrigerated Vending Machine
card payment only
$8,137.00
Vendo SDX G-Snack Ambient Vending Machine
card payment only
$6,507.00
Shipping: $539.97
VendTek
CRANE Merchant 6 Media Ambient, Model 187
$7,495.00
Shipping TBD
COTI Fresh Brew Coffee Merchandiser
$10,257
Shipping TBD
Vending.com
Market One 6w Snack with Credit Card Reader
$6,395.00
Market One 5w Elev All Drink Machine
$7,119.00
Market One Fresh Brew Coffee Unit
$7,998.00
Total Shipping: $1,800.00
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 14, 2021 Title: CSXT Purchase Agreement
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Staff is seeking authorization to enter into the attached agreement with CSXT.
Detailed Summary: For the past 5+ years, staff has been working to complete the purchase and removal of
the CSXT railroad line that runs from the former YMCA through Lakeside to the Jaycees Launch Ramp. The
attached agreement would allow for a portion of the line to be converted into a trail via a trail use
agreement, and the remainder of the line to be used for redevelopment.
The purchase price is $1,648,000. We anticipate $40,000 in filing fees as well. As part of the due diligence
period, we will have the entire line surveyed. We do not have a cost for the survey, and instead will use a
billable hourly rate model. Staff has a tight timeline to complete due diligence and prepare for Federal
Approval. As such, we will be requesting authorization to both sign the agreement and formally complete
the sale at the end of the due diligence period. We are using a combined not-to-exceed budget number of
$2 Million. We are proposing to utilize ARPA dollars to complete the purchase, but we foresee
opportunities to recoup most/all of this investment via a combination of Brownfield TIFF and allowing the
buy-out of the various crossing agreements that we will inherit.
Amount Requested: $2 Million Amount Budgeted: $0
Fund(s) or Account(s): State/Federal Grants Fund(s) or Account(s): N/A
Recommended Motion: To authorize the City Manager to sign the Agreement and complete the
transaction upon successful completion of the due diligence, and thereafter to return to the City
Commission for final approval of transaction prior to closing.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
MI-121-1084142
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PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT, hereinafter called the "Agreement", made and entered into
by and between CSX TRANSPORTATION, INC., a Virginia corporation, whose address is c/o Real Estate and
Facilities Management, 500 Water Street, J-180, 12th Floor, Jacksonville, Florida 32202, hereinafter called the
"Seller", and CITY OF MUSKEGON, whose address is: c/o City Manager, 933 Terrace Street, Muskegon, MI, 49440,
hereinafter called the "Buyer", provides:
1. PURCHASE AND SALE: For valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Seller agrees to sell and Buyer agrees to buy the land or property rights shown or identified as
Segments 1 and 4 in red on Exhibit “A”, attached hereto and made a part hereof, (“Primary Premises”),
pursuant to and in accordance with the terms and conditions of this Agreement. In addition, for no additional
monetary consideration but for other good and valuable consideration, Seller agrees to convey its right, title
and interest, if any, to the Additional Premises identified on Exhibit “A” as Segment 2 (Pure Muskegon LLC)
in blue and Segment 3 (MCC Realty LLC) in green (the “Additional Premises”). Primary Premises and
Additional Premises are hereinafter sometimes collectively called Premises (the “Premises”). The Premises are
located in Muskegon, County of Muskegon, State of Michigan. The parcels depicted in purple on Exhibit A
show Spurs 1, 2 and 3. Spur 3 is not included in the Premises and is not subject to the terms and conditions of
this Agreement.
2. PRICE:
2.1 The purchase price for the Premises is ONE MILLION SIX HUNDRED FORTY-EIGHT
THOUSAND AND NO/100 U.S. DOLLARS ($1,648,000.00). Purchase price will increase 3% every quarter after
12/2022 if closing does not occur on or before 12/14/2022 solely as a result of the fault of Buyer. In the event
closing does not occur due to delays by Seller in filing with the Surface Transportation Board (“STB”) or delays
attributed to the STB, the12/14/2022 date shall be extended until such time as the STB rules on the abandonment
filing plus thirty (30) days for the parties to finalize documentation and set a new closing date.
3. DEPOSIT/FILING FUNDS:
3.1 A deposit in the amount of ONE HUNDRED SIXTY-FOUR THOUSAND EIGHT HUNDRED
AND NO/100 U.S. DOLLARS ($164,800.00) (hereinafter the "Deposit") will be delivered to Sun Title Company
(hereinafter the "Escrow Agent") within five (5) business days of Execution Date as defined in Section 4.1. The
balance of the Purchase Price shall be paid upon closing of the transaction (hereinafter the "Closing"), in cash, by
certified or cashier's check, or by other readily available funds acceptable to Seller. The Deposit shall be deemed to
include any interest thereon.
3.2 Following the Due Diligence Period, as defined in Section 5.1, and within five (5) business days of
written notification from both Seller and Michigan Shore Railroad (“MSR”) that Seller and MSR are preparing an
abandonment filing for the Premises with the Surface Transportation Board (“STB”) in accordance with the terms of
Section 21, Buyer shall transfer funds to Seller in the amount of FORTY THOUSAND 00/100 US DOLLARS
($40,000.00), hereinafter deemed “Filing Funds.” Except as set forth below, said Filing Funds are non-refundable and
are not a part of the Purchase Price. Filing Funds, as defined herein, shall include total compensation for all actions
of Seller or MSR required to secure the STB approval of abandonment by both Seller and MSR, and shall not exceed
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the sum set forth herein. Filing Funds shall be refundable in full to Buyer in the event Seller or MSR fail to timely file
or otherwise pursue the abandonment or comply with the Conditions of Closing set forth in Section 21 of this
Agreement.
4. CONTRACT:
4.1 The date referred to herein as “Execution Date” shall be the later date of execution as indicated in
the “In Witness Hereof” section below.
4.2 This Agreement, when executed by both parties, shall constitute a contract and the entire agreement
between the parties hereto, and they shall not be bound by any terms, oral or written conditions, statements or
representations not contained herein or attached hereto.
4.3 Upon execution by all parties, this Agreement may not be changed, altered or modified except by
an instrument in writing signed by Buyer and Seller.
5. DUE DILIGENCE PERIOD AND CONTINGENCIES:
5.1 Buyer shall have a period of one hundred twenty (120) days from the Execution Date to complete
all inspections and investigations, including environmental and other inspections included in Section 13 (hereinafter
the “Due Diligence Period”), which Due Diligence Period may be ended earlier at the sole discretion of Buyer.
5.2 If for any reason Buyer is not satisfied with the results of any inspection or investigation, the Buyer
must, within the Due Diligence Period, deliver to Seller written notice of cancellation cancelling this Agreement, and
the Deposit shall be refunded to Buyer. If terminated, Buyer shall furnish Seller with a copy of all materials and
information (including but not limited to any engineering reports, studies, maps, site characterizations and/or zoning
related materials) developed by Buyer during the term of this Agreement relating to the potential use or the physical
condition of the Premises.
5.3 Buyer’s failure to deliver a notice of cancellation to Seller within the Due Diligence Period shall
be considered Buyer’s acceptance of the Premises in its AS-IS, WHERE-IS, WITH ALL FAULTS condition.
6. DEEDS TO PRIMARY AND ADDITIONAL PREMISES:
6.1
(a) Primary Premises: During, or as early as practicable after the Due Diligence Period, Seller will
review and comment on Exhibit E, which, when finalized, will be a form of deed between Seller and Buyer to convey
the Primary Premises (Segments 1 and 4 depicted in red on Exhibit A) to Buyer, subject to the terms of this Agreement.
Following receipt of Seller’s comments, the parties shall have an additional ten (10) days to discuss changes. If the
parties cannot reach agreement on terms of the form of deed for the Primary Premises, the Buyer shall be deemed to
have approved the deed in the form last submitted by Seller. Seller shall have no obligation to modify the deed with
respect to the Primary Premises to conform to Buyer’s comments if the deed otherwise conforms to the terms of this
Agreement.
(b) Additional Premises: The Additional Premises consists of Segments 2 and 3 depicted in blue and green
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on Exhibit A. The “Termination of Easement” form for Segment 2 between Pure Muskegon, LLC and CSX
Transportation, Inc. (“PM Termination of Easement”) is attached hereto as Exhibit F. The “Termination of Easement”
form for Segment 3 between MCC REALTY, LLC and CSX Transportation, Inc. (“MCC Termination of Easement”)
is attached hereto as Exhibit G. Exhibits F and G. shall be deemed final upon execution of this Agreement and shall
be executed by the respective parties thereto at Closing.
6.2 The conveyances related to both the Primary Premises and each owner located on the Additional
Premises shall be by quitclaim deed conveying all of Seller’s right, title and interest therein, if any, but shall be
expressly subject to: all existing roads, fiber optic facilities, public utilities; all matters of record; any applicable zoning
ordinances and subdivision regulations and laws; taxes and assessments, both general and special, which accrue from
and after the date of Closing which Buyer assumes and agrees to pay; all matters that would be revealed by a survey
meeting applicable State minimum technical requirements or by an inspection of the Premises; the items or matters
identified in Section 10.1 of this Agreement; and all recorded occupancies, encroachments, ways and servitudes,
howsoever created. Seller warrants it shall have paid or will pay all taxes and assessments, both general and special
which have accrued up to Closing. The provisions of this Section shall survive Closing.
6.3 With respect to the deed for the Primary Premises, the deed shall contain one or more restrictive
covenants, reading substantially as follows, to run with title to the Primary Premises, and to be binding upon Buyer,
Buyer's heirs, legal representatives and assigns, or corporate successors and assigns, or anyone claiming title to or
holding the Premises through Buyer upon closing and recordation:
PURPOSE: Grantee acknowledges that the Primary Premises conveyed hereunder has been historically
used for railroad industrial operations and is being conveyed for use for trail purposes. Grantee, by acceptance of this
deed, hereby covenants that it, its successors, heirs, legal representatives or assigns shall not use the Primary Premises
for any purpose other than as set forth in this Section 6 and in Section 22 hereof, specifically the Primary Premises
will not be used for (a) any residential purpose of any kind or nature (residential use shall be defined broadly to
include, without limitation, any use of the Primary Premises by individuals or families for purposes of personal living,
dwelling, or overnight accommodations, whether such uses are in single family residences, apartments, duplexes, or
other multiple residential dwellings, trailers, trailer parks, camping sites, motels, hotels, or any other dwelling use of
any kind), (b) any public or private school, day care, or any organized long-term or short term child care of any kind,
or (c) any agricultural purpose that results in, or could potentially result in, the human consumption of crops or
livestock raised on the property (agricultural purpose shall be defined broadly to include, without limitation, activities
such as food crop production, dairy farming, livestock breeding and keeping, and cultivation of grazing land that
would ultimately produce, or lead to the production of, a product that could be consumed by a human). By acceptance
of this deed, Grantee further covenants that it, its successors, heirs, legal representatives or assigns shall not use the
groundwater underneath the Premises for human consumption, irrigation, or other purposes.
TRAILS RESERVATION: Grantee, by acceptance hereof, acknowledges the Deed shall contain language
subjecting Grantee’s rights hereunder to: (a) the National Trails System Act, 16 U.S.C. §1247 (d), including
applicable regulations at CFR §1152.29; and (b) the Notice of Interim Trail Use issued by the STB final decision in
the abandonment proceeding to be filed by Grantor as required by this Agreement.
NO ACCESS: Grantee, by acceptance of this deed, covenants and represents that Grantee has access to the
Primary Premises either through adjoining property owned by Grantee or through other property not owned by Grantor
or Grantee. Grantee, on its behalf, its heirs, personal representatives, successors and assigns, releases Grantor, its
successors and assigns, from any responsibility, obligation or liability to provide access to the Primary Premises
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through land now owned or subsequently acquired by Grantor. Should Grantee convey the Primary Premises, or any
portion thereof, to a third party, Grantee will provide access thereto through Grantee’s adjoining property or through
other property not owned by Grantor.
FENCING: Grantee, by the acceptance hereof, hereby covenants and agrees with Grantor that Grantor shall
not be required to erect or maintain any fences, railings or guard rails along any boundary lines between the Primary
Premises and the adjacent land(s).
DRAINAGE: Grantee, by acceptance of this deed, hereby covenants that it, its successors, heirs, legal
representatives or assigns shall maintain any existing drainage on the Primary Premises in such a manner as not to
impair adjacent railroad operating property drainage and not to redirect or increase the quantity or velocity of surface
water runoff or any streams into Grantor's drainage system or upon the adjacent railroad operating property or other
lands and facilities of Grantor.
TITLE: Grantor does not represent nor warrant to Grantee any ownership or estate in the Primary Premises
or any specific title or interest therein; and Grantee hereby releases Grantor, its officers and agents, from any claim
or demand resulting from this deed, or from any failure of or defect in Grantee's title to the Primary Premises.
NOISE, LIGHT, FUME, VIBRATION ABATEMENT: Grantee, its successors and assigns, by acceptance
of this deed, hereby covenants and agrees with Grantor that Grantor shall not be required to erect or maintain any
noise, light, fume or vibration abatement or reduction structure along any boundary lines along the Primary Premises.
Grantee and Grantor agree and acknowledge the covenants and easements contained in this Deed shall be
covenants "in gross" and easements "in gross" which shall remain binding on Grantee, its successors, heirs, legal
representatives and assigns regardless of whether Grantor continues to own property adjacent to the Primary
Premises. Grantee acknowledges Grantor will continue to have a substantial interest in enforcement of the said
covenants and easements whether or not Grantor retains title to property adjacent to the Primary Premises.
6.4 Seller shall except and reserve unto itself as Grantor, its successors and assigns, the following
easements, rights and interests related to the Primary Premises:
EXCEPTING unto Grantor all mineral rights, if any, including but not limited to oil, gas and coal, and the
constituents of each, underlying the Primary Premises; and RESERVING the right for Grantor, its successors and
assigns, to remove the same; HOWEVER, Grantor will not drill or permit drilling on the surface of the Primary
Premises without the prior written consent of Grantee, which consent shall not be unreasonably withheld.
EXCEPTING unto Grantor the ownership of all railroad tracks and other track material (including, but not
limited to, switches, ties, signals and ballast), hereinafter “the Track”, within or on the Primary Premises; and
RESERVING unto Grantor a railroad easement over the Primary Premises for the removal of the Track, TOGETHER
WITH the right of ingress and egress to and from the Track until removal has been completed. Said reserved railroad
easement shall automatically terminate and all title in the Primary Premises vest in Grantee upon cessation of use and
removal of the Track by Grantor. Grantor shall remove the Track, other than ballast, and equipment and materials
involved in such removal, at its expense, within one hundred eighty (180) days after Closing. Regarding the
Additional Premises, Grantor likewise retains access to and shall remove the Track (as defined above), other than
ballast, and equipment and materials involved in such removal, from the Additional Premises, at Grantor’s expense,
within 180 days after Closing.
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RESERVING unto Grantor, its successors and assigns, a utility easement, hereinafter “the Utility Easement”,
in, over, and under the Primary Premises for existing occupancies, future construction, maintenance, operation, use,
replacement, relocation, renewal and removal of utilities including, but not limited to, water, sewer, natural gas,
electric, telephone, fiber optics and petroleum products, consisting of cables, lines, pipes or facilities beneath the
surface of the Primary Premises and all ancillary equipment or facilities (both underground and surface), and the rights
to attach the same to existing bridges or poles on the Primary Premises, and such surface rights necessary to
accomplish the same TOGETHER WITH the further right to assign the Utility Easement, rights and facilities, in whole
or in part, and to lease, license or permit third parties to use the Utility Easement, rights and facilities; PROVIDED
that the exercise of such rights does not unreasonably interfere with the safe and efficient use of the Primary Premises,
or any improvements thereon, by Grantee.
RESERVING unto Grantor, its successors and assigns, an indefinite number of exclusive perpetual utility
easements, hereinafter "the Reserved Utility Easements", under the entire width and length of the Primary Premises
for existing occupancies, future occupancies, construction, maintenance, operation, use, replacement, relocation,
renewal and removal of utilities, which shall include but not be limited to water lines, sewer lines, natural gas lines,
electric, telephone, fiber optic communications systems and petroleum products pipelines consisting of cables, lines,
pipes or facilities beneath the surface of the Primary Premises and all ancillary equipment or facilities (both
underground and surface), and the right to attach same to existing bridges on the Primary Premises, and such surface
rights as may be necessary to accomplish the same; TOGETHER with unrestricted access over the Primary Premises
to reach the Reserved Utility Easements and with the further right to assign the Reserved Utility Easements, in whole
or in part, and to lease, license or to permit third parties to use the Reserved Utility Easements provided that the
exercise of such rights does not unreasonably interfere with the safe and efficient use of the Primary Premises for the
location and operation of a recreational trail. The right to use the Primary Premises for utilities shall remain with and
be exclusive unto Grantor.
6.5 Seller may or may not have entered into general agreements with utility companies for utility
crossings over or under the Primary Premises. Such general agreements may require Seller to reserve a permanent
easement for the utility. If Seller determines that the Premises has existing utilities constructed pursuant to such
general agreements, Seller shall have the right to reserve an easement or easements for such utility crossing or
crossings and the obligation to record the same. The format for such a reserved utility easement shall be as follows:
RESERVING unto Grantor, for itself, its successors and/or assigns, a perpetual easement, hereinafter the
"Easement", upon and along, over, under or across as the case may be, the Premises, together with ancillary surface
rights, for the purpose of maintaining, operating, inspecting, repairing, reconstructing, renewing and/or replacing
existing overhead and/or underground facilities and necessary appurtenances (poles, guys, anchors, ducts, fixtures,
appliances) devoted solely to such existing usage, herein collectively the "Facility(ies)"; TOGETHER WITH the
further rights to convey or assign said reserved Easement, in whole or in part, and to lease, license or permit third
parties to occupy the same solely for the Facility(ies).
As to the Additional Premises, in the event such general agreements exist, Seller shall, prior to exercising the
reservation set forth above, make every good faith effort to contact the respective utility company and preserve the
easement as an easement between the utility and the landowner of the particular parcel(s) involved.
6.6 Except as noted in 6.4 or 6.5, regarding the Additional Premises, Seller/Grantor shall be governed
by the terms of the Termination of Easement agreements (and Quitclaim Deeds included therein), attached as Exhibits
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F and G, executed with each owner of the respective parcels.
7. TITLE SEARCH, INSURANCE:
7.1 Buyer has the option of arranging and paying for such examination of title or title insurance on the
Premises as Buyer may desire, at Buyer's sole cost.
7.2 Irrespective of whether Buyer obtains a title examination or insurance, Buyer shall, if Buyer closes
on the Premises, accept the Premises in its AS-IS, WHERE-IS, WITH ALL FAULTS condition. The provisions of
this Section shall survive Closing.
8. SURVEY:
8.1 Buyer, at its sole option, may obtain a survey of the Premises [applicable State minimum technical
requirements] at Buyer's expense. The survey and/or legal description must include state plane coordinates.
8.2 Within two days following the Due Diligence Period, Buyer shall furnish Seller with a metes and
bounds description in Microsoft Word format and Survey of the Premises in electronic CAD format, with one (1)
print of a final survey plat acceptable to Seller, title company, and to the Muskegon County Register of Deeds,
certified to Buyer and Seller, for use by Seller in preparation of the deed and other papers.
9. CLOSING: Closing hereunder shall be held within thirty (30) days of STB issuance of a Notice of Interim
Trail Use, and approval of abandonment of other parcels involved, provided all conditions to Closing have been met.
Seller and Buyer agree that the Closing may occur via delivery of funds and closing documents or at such other place
as may be mutually agreeable to Seller and Buyer. The time and date for Closing may be extended by mutual written
agreement of the parties in writing, subject to the provisions of Section 20.
10. POSSESSION: Buyer shall obtain possession of the Premises at Closing, subject to: (a) the terms of this
Agreement., (b) the limitations, terms and conditions of Section 6 of this Agreement as applicable, and (c) such other
leases, licenses, easements, occupancies or other limitations which are identified by Section 10.1, or which are
discovered by Seller during the term of this Agreement (which may not necessarily be stated in the deed), unless
canceled by Seller or otherwise terminated (whether by notice, expiration, nonrenewal or any other reason) prior to
Closing.
10.1 Seller believes the Primary Premises and Additional Premises are currently subject to the
following leases, licenses, easements, occupancies and/or limitations (which may or may not be of record): SEE
EXHIBIT D, which shall be provided to Buyer for review during the Due Diligence Period.
Up until Closing, Seller will research its archives for, and shall advise Buyer if Seller discovers, any additional leases,
licenses, easements, occupancies and limitations affecting the Premises and provide the same for Buyer’s review.
Likewise, should leases or licenses listed in Exhibit D or found thereafter be determined to cover a continuing Seller
obligation, said lease or license will be retained by Seller, after notice to Buyer. As to any items discovered as a
consequence of such research related to the Premises, Seller may elect, in its sole discretion, to either retain, cancel
or otherwise terminate such items or, pursuant to Section 10.3, to assign or to partially assign, if such item is
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applicable to an area greater than the Premises, to the Buyer at Closing.
10.2 INTENTIONALLY OMITTED
10.3 At Closing, Seller shall assign to Buyer (or to the landowners of the Additional Premises if
applicable), who shall assume, Seller’s right, title and interest in all items identified by Section 10.1, or which are
subsequently discovered by Seller, unless retained, canceled or otherwise terminated, at or prior to Closing. However,
if such item is applicable to an area greater than the Premises, the Buyer shall be included as party to a partial
assignment of the item(s), which may be executed after Closing.
10.4 If, prior to Closing, all or any portion of the Premises is taken by eminent domain (or is the subject
of a pending taking which has not yet been consummated), Seller shall notify Buyer of such fact promptly after
obtaining knowledge thereof and either Buyer or Seller shall have the right to terminate this Agreement by giving
notice to the other not later than ten (10) days after the giving of Seller’s notice. If neither Seller nor Buyer elects to
terminate this Agreement as aforesaid, there shall be no abatement of the Purchase Price and Seller shall assign to
Buyer (without recourse) at the Closing the rights of Seller to the awards, if any, for the taking, and Buyer shall be
entitled to receive and keep all awards for the taking of the Premises or such portion thereof.
10.5 INTENTIONALLY OMITTED
10.6 Buyer may, at its option and at its sole cost, secure a policy of Fire and Extended Coverage
Insurance on the buildings or Structures, provided that Buyer’s liability for damage to or destruction of the buildings
or structures during the term of this Agreement shall not be limited by the amount of such insurance.
11. ANNUAL TAXES; RENTS; LIENS; CHARGES:
11.1 All annual or periodic taxes or assessments on the Premises, both general and special, shall be
prorated as of the Closing. Any proration shall be based on the taxes assessed against the Seller in the year of the
delivery of possession to or entry by Buyer and shall allow the maximum discount permitted by law. If current taxes
assessed against the Seller are not available at the time of Closing, Buyer and Seller agree to prorate taxes based upon
the latest tax information available to the parties and equitably adjust the proration when taxes for the year of entry
or possession become available.
11.2 Any certified governmental assessments or liens for improvements on the Premises which are due
and payable at the time of Closing shall be paid in full by Seller, and any pending liens or assessments for
improvements not yet due and payable at Closing shall be thereafter paid in full by Buyer.
11.3 Any rents and license fees (individually in excess of $1,000.00 prorated amount on annual rental)
accruing to the Premises shall be prorated at Closing, with rents and fees prior to the date of Closing retained by
Seller.
12. TAXES ON TRANSFER; CLOSING COSTS:
12.1 Unless otherwise exempt, Buyer shall pay all transfer taxes, however styled or designated, all
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documentary stamps, recording costs or fees or any similar expense in connection with this Agreement, the
conveyance of the Premises, or necessary to record the respective deeds.
12.2 Buyer shall be solely responsible for and shall pay any reassessments or taxes generated by
reclassification of the Premises resulting from conveyance of the Premises.
12.3 If any state or local governmental authority requires, presently or in the future, the payment of any
sales, use or similar tax upon the sale, acquisition, use or disposition of any portion of the Premises, (whether under
statute, regulation or rule), Buyer assumes all responsibility for and shall pay the same, directly to said authority.
Seller shall cooperate (at no expense to Seller) with Buyer in the prosecution of any claim for refund, rebate or
abatement of said tax(es).
12.4 Seller shall pay the cost of recording any release of Seller's mortgage(s) or lien(s) or termination
of easements. In the event Buyer finances any portion of the Purchase Price (whether through third parties or from
Seller), Buyer shall pay all costs thereof, including recordation, intangible taxes, etc.
12.5 Buyer represents that neither it nor its officers, directors or controlling owners are acting, directly
or indirectly, for or on behalf of any person, group, entity or nation named by the United States Treasury Department
as a terrorist, “Specially Designated National and Blocked Person,” or for or on behalf of any person, group, entity
or nation designated in Presidential Executive Order 13224 as a person who commits, threatens to commit, or supports
terrorism; that neither it nor its officers, directors or controlling owners are engaged in this transaction, directly or
indirectly, on behalf of, or facilitating this transaction, directly or indirectly, on behalf of, any such person, group,
entity or nation; and that neither it nor its officers, directors or controlling owners are in violation of Presidential
Executive Order 13224, the USA Patriot Act, the Bank Secrecy Act, the Money Laundering Control Act or any
regulations promulgated pursuant thereto.”
12.6 The Foreign Investment in Real Property Tax Act (FIRPTA), IRC 1445, requires that every
purchaser of U.S. real property must, unless an exemption applies, deduct and withhold from Seller's proceeds ten
percent (10%) of the gross sales price. The primary exemptions which might be applicable are: (a) Seller provides
Buyer with an affidavit under penalty of perjury, that Seller is not a "foreign person", as defined in FIRPTA, or (b)
Seller provides Buyer with a "qualifying statement", as defined in FIRPTA, issued by the Internal Revenue Service.
Seller and Buyer agree to execute and deliver as appropriate any instrument, affidavit and statement, and to perform
any acts reasonably necessary to carry out the provisions of FIRPTA and regulations promulgated thereunder. Seller
shall indemnify and hold harmless Buyer with respect to any financial loss caused by the Seller’s failure to fulfill its
obligations under this Paragraph.
13. BUYER'S RIGHT OF ENTRY, ENVIRONMENTAL AND OTHER INSPECTIONS:
13.1 Subject to and upon compliance with the terms of this Section 13, during the term of this
Agreement, Buyer and/or its agents may be permitted to access the Premises, subject to the rights of any tenant,
licensee, utility or other third party occupying any portion of the Premises, in order to make surveys, make
measurements, conduct environmental or engineering tests (including drilling and coring for preconstruction soil
analysis), and to make such physical inspections and analyses thereof as Buyer shall deem necessary; PROVIDED,
however, that Buyer, and/or its agents, hereby assumes all risks of such entry. Buyer agrees to do no act which would
encumber title to the Premises in exercising this right-of-entry. Any drilling and coring holes shall be filled upon
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completion of testing. All investigation-derived waste, including without limitation drilling waste, ground water and
cuttings, shall be promptly handled, characterized and disposed of properly and in accordance with all local, State
and Federal requirements, all at Buyer’s sole cost.
13.2 Buyer shall give Seller ten (10) days prior written notice of any entry onto the Premises under this
Section 13 and provide Seller with a schedule and scope of work for each of the activities Buyer proposes to undertake
during such entry. Upon receipt of the foregoing, Seller reserves the right, in Seller’s sole discretion, to terminate this
Agreement or if Seller permits the testing, Seller reserves the right to monitor and approve all procedures in the
conduct of any environmental assessments, tests, studies, measurements or analyses performed by or for Buyer in, on,
to or with respect to the Premises. Buyer shall provide in any contract or bids for site assessment or environmental
inspections of the Premises a "confidentiality clause", limiting disclosure of the results and any report only to Buyer
and Seller, and an “insurance clause,” requiring the company selected by the Buyer to perform the work to produce a
certificate of insurance naming the Seller and Buyer as additional insured with the following coverage and limits:
• General Liability (CGL) insurance with coverage of not less than FIVE MILLION DOLLARS
($5,000,000) Combined Single Limit per occurrence for bodily injury and property damage.
• In addition to the above-described CGL insurance, if Buyer will undertake, or cause to be
undertaken, any surveying or work, including but not limited to surveying or assessment activities,
within fifty (50) feet of any Seller track or any Seller bridge, trestle or tunnel, then Buyer shall
also purchase, or cause to be purchased, a policy of Railroad Protective Liability (RPL) insurance,
naming Seller as the insured, with coverage of not less than FIVE MILLION DOLLARS
($5,000,000) Combined Single Limit per occurrence, with an aggregate of TEN MILLION
DOLLARS ($10,000,000). Such policy must be written on the current ISO/RIMA form of
Railroad Protective Insurance – Insurance Services Offices Form No. CG 00 35. At Seller’s
option, in lieu of purchasing RPL insurance (but not CGL insurance), Buyer may pay Seller a
Construction Risk Fee,), and thereby be relieved of any obligation to purchase said RPL insurance.
• Worker’s Compensation Insurance as required by the state in which the Work is to be performed.
This policy shall include Employers’ Liability Insurance with a limit of not less than ONE
MILLION DOLLARS ($1,000,000) per occurrence. Unless prohibited by law, such insurance shall
waive subrogation against Seller.
• Automobile Liability Insurance in an amount not less than ONE MILLION DOLLARS
($1,000,000) covering all owned, non-owned and hired vehicles.
• Professional Errors and Omissions (E&O) insurance with coverage of not less than ONE
MILLION DOLLARS ($1,000,000) Combined Single Limit per occurrence for professional errors
and omissions.
Buyer shall also keep Seller fully apprised of the progress of, and procedures followed with respect
to, all such environmental work; and fully cooperate with all reasonable requests of Seller in undertaking and carrying
out such work. If requested by Seller, Buyer shall prepare split samples (which may then be separately tested at
Seller’s sole option and cost) for delivery to Seller and shall deliver to Seller, at no cost to Seller, within five (5) days
after receipt, copies of all results, assessments, reports and studies, whether of an environmental nature or otherwise,
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resulting from any tests or inspections conducted by Buyer pursuant to this Section 13 or otherwise in accordance with
this Agreement. At or before Closing, if requested, Buyer shall provide Seller a reliance letter from Buyer's consultant,
in form and substance reasonably acceptable to Seller, granting Seller the right to rely on the environmental data and
reports generated as part of Buyer's environmental due diligence, including without limitation, any Phase I and Phase
II Environmental Site Assessment Reports. The reliance letter shall not impose any additional limitations or
restrictions on Seller's reliance on said data and reports except as may be specified within the report documents
themselves.
13.3 Buyer acknowledges that Seller makes no guarantee, representation or warranty regarding the
physical or environmental condition of the Premises, and Seller expressly disclaims any and all obligation and liability
to Buyer regarding any defects which may exist with respect to the condition of the Premises. However, without
admission of obligation or liability related thereto, Seller shall provide to Buyer all reports, studies, citations,
complaints, consent orders, in its care, custody or control relating to the physical or environmental condition of the
Premises.
13.4 If environmental contamination of the Primary Premises is revealed by the studies and tests
conducted by Buyer pursuant to this Section 13, in an amount and/or concentration beyond the minimum acceptable
levels established by current applicable governmental authorities, or, if Buyer is unwilling to accept the environmental
condition of the Premises as a result of such tests or assessments, Seller's and Buyer's sole and exclusive remedy shall
be to terminate this Agreement and refund the Deposit to the Buyer. Under no circumstances shall Seller be required
to correct, remedy or cure any condition or environmental contamination of the Premises, which Buyer's tests and
studies may reveal, as a condition to Closing or other performance hereunder.
13.5 Provided Seller does not elect to terminate this Agreement as provided herein, if Buyer elects not to
secure environmental tests or inspections, or fails to terminate after receipt of test results, Buyer shall take the Premises
"as is" at Closing; assumes all risks associated with the environmental condition of the Premises, regardless of the
cause or date of origin of such condition; and releases all rights or claims against Seller relating to such condition or
for any costs of remediation or cure of any environmental condition.
13.6 INTENTIONALLY OMITTED
13.7 INTENTIONALLY OMITTED
13.8 Buyer will complete the environmental investigation within the Due Diligence Period.
13.9 The provisions of this Section 13 that are intended by the parties to survive Closing.
14. SUBDIVISION APPROVAL; ZONING:
14.1 Any subdivision approval needed to complete the transaction herein contemplated shall be obtained
by Buyer at Buyer's sole risk, cost, and expense. Seller shall cooperate with Buyer in obtaining said approval, to the
extent necessary or required, but Buyer shall reimburse Seller for any and all charges, costs and expenses (including
portions of salaries of employees of Seller assigned to such project) which Seller may incur in such cooperation.
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14.2 Seller makes no guarantee or warranty that any subdivision approval will be granted and assumes
no obligation or liability for any costs or expenses if same is not approved.
14.3 Costs and expenses shall include all fees, including reasonable attorneys' fees, of obtaining
subdivision plats, or filing same with the applicable governmental body(ies), or recordation thereof, including
attorneys' fees, and all other related and/or associated items.
14.4 Seller makes no guarantee, warranty or representation as to the permissibility of any use(s)
contemplated by Buyer under existing zoning of the Premises or as to any ability to secure any rezoning for Buyer's
use.
15. BROKER'S FEES: The Buyer and the Seller each represent and warrant to the other that neither has
introduced into this transaction any person, firm or corporation who is entitled to compensation for services as a
broker, agent or finder. Seller shall be under no obligation to pay or be responsible for any broker's or finder's fees,
commissions or charges in connection with handling this transaction, or Closing.
16. ASSIGNMENT, LIMITS, SURVIVAL:
16.1 This Agreement may not be assigned by Buyer without the prior written consent of Seller.
16.2 As limited above, this Agreement shall be binding upon the parties, their successors and permitted
assigns, or upon their heirs, legal representatives and permitted assigns, as the case may be.
16.3 Any provision calling for obligations continuing after Closing or termination of this Agreement
shall survive delivery of the deed and not be deemed merged into or replaced by any deed, whether or not the deed
so states.
17. DEFAULT:
17.1 Seller shall provide written notice to Buyer in the event of a material default by Buyer under this
Agreement (including, but not limited to payment of the Deposit within the time specified). If the default is failure to
timely pay the Deposit, Buyer shall have five (5) days from the date of the notice to cure. For all other defaults, Buyer
shall have thirty (30) days to cure or provide Seller with a reasonable timeline specifying when the default will be
substantially cured if thirty (30) days is not sufficient. Thereafter, Seller may elect to terminate this Agreement by
delivery of notice to Buyer and retain the Deposit and any other money paid by Buyer to or for the account of Seller,
as agreed-upon liquidated damages in full settlement of any and all claims arising under or in any way related to this
Agreement.
17.2 Buyer shall provide written notice to Seller in the event of a material default by Seller under this
Agreement. Seller shall have thirty (30) days to cure or provide Buyer with a reasonable timeline specifying when
the default will be substantially cured if thirty (30) days is not sufficient. Thereafter, Buyer may elect to terminate
this Agreement by delivery of notice to Seller and receive an immediate return of funds provided under Section 3
hereof and reimbursement for any reasonable third-party expenses incurred by Buyer pursuant to this Agreement, as
agreed-upon liquidated damages in full settlement of any and all claims arising under or in any way related to this
Agreement or Buyer may elect to pursue specific performance of this Agreement or any other legal or equitable
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remedy otherwise available to Buyer.
17.3 Upon the termination of this Agreement pursuant to this Section 17, Buyer and Seller shall be
relieved of all obligations under this Agreement, including the duty to close, other than (a) any liability for damage
to or destruction of property and any injury to or death of person(s) arising from Buyer’s exercise of the right of entry
under Section 13 shall remain as obligations of Buyer and (b) Buyer shall furnish Seller with a copy of all materials
and information (including but not limited to any engineering reports, studies, maps, site characterizations and/or
zoning related materials) developed by Buyer during the term of this Agreement to the extent the same contends there
has been a violation by Seller of any statute, rule, regulation, or ordinance.
17.4 “Material Default” shall include, not only Buyer’s failure to make prompt payment of any sums
when due under this Agreement or Seller’s or MSR’s failure to file and pursue abandonment of the Premises but also
the failure of Buyer or Seller to fully and timely perform any act required under this Agreement, where such failure
goes to the essence of the Agreement such that it defeats the parties’ purpose in entering into it, impacts the benefits
of the bargain reached, or causes any significant damages to the other party.
18. NOTICES:
18.1 Notice under this Agreement shall be in writing and sent by Registered or Certified Mail, Return
Receipt Requested, or by courier, express or overnight delivery, and by confirmed e-mail.
18.2 The date such notice shall be deemed to have been given shall be the business day of receipt if
received during business hours, the first business day after the business day of receipt if received after business hours
on the preceding business day, the first business day after the date sent by courier, express or overnight ("next day
delivery") service, or the third business day after the date of the postmark on the envelope if mailed, whichever occurs
first.
18.3 Notices to Seller shall be sent to:
CSX Transportation, Inc.
c/o Real Estate and Facilities Management – J180
500 Water Street, 12th Floor
Jacksonville, FL 32202
Attn: Sarah Watson
E-mail: Sarah_Watson@csx.com
Phone: (904) 279-3924
Notices to Buyer shall be sent to:
City of Muskegon
Attn: City Manager
933 Terrace Street
Muskegon, MI 49440
Email: frank.peterson@shorelinecity.com
Phone: 231/724-6724
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With a copy to:
John C. Schrier
Parmenter Law
601 Terrace Street
Muskegon, MI 49440
E-mail: john@parmenterlaw.com
Phone: (231) 722-5401
18.4 Any party hereto may change its address or designate different or other persons or entities to
receive copies by notifying the other party in a manner described in this Section.
19. RULES OF CONSTRUCTION:
19.1 In this Agreement, all singular words shall connote the plural number as well as the singular and
vice versa, and the masculine shall include the feminine and the neuter.
19.2 All references herein to particular articles, sections, subsections or clauses are references to
articles, sections, subsections or clauses of this Agreement.
19.3 The headings contained herein are solely for convenience of reference and shall not constitute a
part of this Agreement nor shall they affect its meaning, construction or effect.
19.4 Each party hereto and its counsel have had the opportunity to review and revise (or request revisions
of) this Agreement, and therefore any usual rules of construction requiring that ambiguities are to be resolved against
a particular party shall not be applicable in the construction and interpretation of this Agreement or any exhibits
hereto or amendments hereof.
19.5 This Agreement shall be governed and construed in accordance with the laws of the state of
Michigan, without regard to conflict of law rule.
20. TIME OF ESSENCE: Time shall be considered of the essence both to the Buyer and the Seller for all
activities undertaken or required pursuant to this Agreement.
21. CONDITION TO CLOSING; STB ABANDONMENT:
21.1 The obligation of the parties to effect Closing is conditioned upon: (1) Seller and MSR
obtaining prior authorization from the STB for the abandonment of the rail line, including discontinuance of MSR’s
lease thereon, subject to a Notice of Interim Trail Use (“NITU”) requested by Buyer and granted by the STB for the
Primary Premises; (2) Seller and MSR obtaining prior authorization from the STB for the abandonment of the rail
line, including the filing of a notice of consummation of the abandonment with the STB for the Additional
Premises; (3) execution of deed between Buyer and Seller as to Primary Premises (Exhibit E) and Termination of
Easement agreements with Pure Muskegon, LLC and MCC Realty, LLC (Exhibits F and G); and (4) execution of
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an Amendment to Lease Agreement between Seller and MSR as referenced in Exhibit B hereto. In the event the
Closing conditions are not satisfied, this Agreement shall automatically terminate and be subject to the remedy
provisions of Section 17.2.
21.2 The Seller and MSR shall, no later than one hundred twenty (120) days from the termination of the
Due Diligence Period, file for abandonment and discontinuance of service with the STB as set forth herein, which
filing shall inform the STB that Seller and MSR have agreed upon conditions for trail use with Buyer for the Primary
Premises segment of the abandonment and anticipates Buyer will be requesting an NITU for that same segment. In
addition, prior to filing, Seller shall have agreed upon the terms of the deed between Buyer and Seller, a form of which
is attached as Exhibit E. The Termination of Easement agreements, attached as Exhibit F and Exhibit G, shall have
been approved in accordance with Section 6.1(b).
21.3 Within five (5) days of the STB filing by Seller and MSR, Buyer shall file with the STB a request
for issuance of Notice of Interim Trail Use related to the Primary Premises as depicted on Exhibit C, attached hereto
and made a part hereof, and inform the STB the parties have executed an agreement containing the terms of trails use.
21.4 On or before the Closing Date, Seller shall execute the Termination of Easements agreements
attached as Exhibits F and G and inform the STB in writing that it has consummated the abandonment of the
Additional Premises.
21.5 It is understood that Seller and MSR may elect to include in the STB abandonment filing
segments of the rail line not defined in this Agreement as “Primary Premises” or “Additional Premises.” Such
segments, however, are not deemed part of this Agreement.
22. TRAIL USE AGREEMENT
22.1 The imposition by the STB of a Notice of Interim Trail Use (“NITU”) for the Primary Premises,
satisfaction of the relevant terms of this Agreement, and the consummation of the abandonment as to the Additional
Premises are conditions precedent to Closing.
22.2 Buyer agrees that upon Closing and acceptance of the quitclaim deed conveying the Primary
Premises (depicted in Exhibit C) to Buyer as outlined in Section 6.1(a) hereof, Buyer or its designee or assignee
(“Interim Trail Manager”) shall assume full responsibility for management of the Primary Premises; Buyer shall be
responsible for any and all taxes that may be levied or assessed against the Premises after Closing; and Buyer shall
assume full responsibility for any legal liability arising out of the transfer or use of the Primary Premises.
22.3 Buyer acknowledges that the Primary Premises remains subject to the jurisdiction of the STB for
purposes of reactivating rail service. As an inducement to Buyer to enter into this Agreement, and in the event action
is taken to reactivate rail service on the Primary Premises, Seller agrees to compensate Buyer, or assist Buyer as
follows:
A. ) In the event the STB, or any other entity of the United States Government, compels Seller, its
successors or assigns, to reactivate rail service on the Primary Premises, or in the event Seller, its successors or
assigns, voluntarily takes steps to reactivate rail service on the Primary Premises by seeking to vacate the NITU, and
if the STB approves the vacation of the NITU and reactivation of rail service requiring conveyance of the Primary
Premises by the Interim Trail Manager to the Seller, then, in such event, Seller, its successors or assigns, shall pay to
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the Buyer or, at Buyer’s discretion, the Interim Trail Manager, at the time of reactivation a sum equivalent to the
Purchase Price for the Primary Premises set forth in Section 2.1, as adjusted by the same percentage of increase
reflected in the "Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) (1982-84=100)
specified for All Items - United States compiled by the Bureau of Labor Statistics of the United States Department of
Labor" ("CPI"). The amount to be paid by Seller to the Interim Trail Manager shall be calculated in accordance with
the following:
(Current Price Index*/Base Price Index**) X Purchase Price = Amount paid to Interim Trail Manager
* Effective average annual CPI for the most recent year ending prior to reactivation.
** Effective average annual CPI for the year of Closing.
In the event the CPI is converted to a different standard reference base or otherwise revised or changed, the calculation
of the adjustment shall be made with the use of such conversion factor, formula or table for converting the CPI as may
be published by the Bureau of Labor Statistics or, if said Bureau shall not publish the same, then as reasonably
determined by Seller and the Interim Trail Manager.
In the event that rail service is reactivated and reimbursement is required by Seller as set out herein, Buyer shall re-
convey the Primary Premises, together with all improvements located thereon, to Seller, or
B. ) In the event a party other than Seller, its successors or assigns, seeks to reactivate rail service
by petitioning the STB to vacate the NITU, and the STB in consideration of its decision to reactivate requires a letter
of concurrence to be provided by Seller, its successors or assigns, supporting the vacation of the NITU and reactivation
of rail service by such third party, then Seller, its successors or assigns, covenants and agrees that it shall withhold
such letter of concurrence until it has received a letter from the Buyer or, at Buyer’s discretion, the Interim Trail
Manager, stating the Buyer or Interim Trail Manager’s support for reactivation of rail service and vacation of the
NITU, and that the Buyer or Interim Trail Manager has reached a satisfactory agreement with such third party
petitioning for reactivation of rail service for the depreciated value of trail related improvements and compensation
for transfer and conveyance of the Primary Premises, provided that such compensation shall not be greater than the
fair market value of the Primary Premises at that time.
22.4 The provisions of this Section 22 shall survive termination of this Agreement and shall constitute
the trail use conditions between Buyer and Seller.
23. COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which shall
be deemed to be an original, and all of which together shall constitute one and the same instrument.
24. ESCROW AGREEMENT: The Escrow Agent is authorized and agrees by acceptance thereof to deposit
promptly into an interest bearing account in a federally insured bank and to hold the Deposit and any other funds
received hereunder or in connection herewith in escrow and subject to clearance thereof to disburse same in
accordance with terms and conditions of this Agreement. Failure of clearance of funds shall not excuse performance
by the Buyer. In the event of doubts as to Escrow Agent's duties or liabilities under the provisions of this Agreement,
the Escrow Agent may in its sole discretion, continue to hold the subject matter of this escrow until the parties
mutually agree to the disbursement thereof, or until a judgment of a court of competent jurisdiction shall determine
the rights of the parties thereto, or Escrow Agent may interplead same with the Court having jurisdiction of the
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dispute, and upon notifying all parties concerned of such action, all liability on the part of the Escrow Agent shall
fully terminate, except to the extent of accounting for any items theretofore delivered out of escrow. In the event of
any dispute between Buyer and Seller wherein the Escrow Agent is made a party by virtue of acting as an Escrow
Agent hereunder, or in the event of any suit wherein Escrow Agent shall be entitled to recover reasonable attorney's
fees and costs incurred, said fees and costs to be charged and assessed as court costs in favor of the prevailing party.
All parties agree the Escrow Agent shall not be liable to any party or person whomsoever for misdelivery to Buyer
or Seller of items subject to this escrow, unless such misdelivery shall be due to willful breach of this Agreement or
gross negligence on the part of the Escrow Agent. Except as otherwise provided expressly in this Agreement, Escrow
Agent shall receive no compensation or consideration for performance of services hereunder. Escrow Agent further
represents and warrants to Buyer and Seller, by its acceptance below, that Escrow Agent has no present or past
relationship, interest or affiliation with Seller or Buyer (or any of their affiliates) or the Premises, except as disclosed
in writing to Seller and Buyer prior to the Escrow Agent's acceptance of its appointment as Escrow Agent under this
Agreement.
25. THIRD PARTY BENEFICIARIES: Pure Muskegon. LLC and MCC Realty, LLC shall be third party
beneficiaries to this Agreement to the extent necessary to enforce the terms hereof relating to Additional Premises.
IN WITNESS WHEREOF, the Buyer and Seller have caused this Agreement to be signed the ________ day
of ____________________, 20____, in duplicate, each of which shall be considered an original.
WITNESS(ES): CITY OF MUSKEGON:
_______________________________ __________________________________________
Print Name: ________________________________
Print Title: _________________________________
_______________________________
WITNESS(ES): CSX TRANSPORTATION, INC.
___________________________ By: _______________________________________
Print Name: ________________________________
Print Title: _________________________________
____________________________
WITNESS(ES): ESCROW AGENT: [insert name]
Print Name: ________________________________
Print Title: ________________________________
Print Address: _______________________________
Print Phone: ________________________________
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EXHIBIT A
MAP OF PRIMARY PREMISES AND ADDITIONAL PREMISES
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EXHIBIT B
[CSX] 500 Water Street
(SC 3180)
Jessica Braig Jacksonville, FL 32202
Sales Analyst (904) 279-3881
jessica_braig@csx.com
December 3, 2021
Michigan Shore Railroad
c/o Genesee and Wyoming
Attn: Julie Eddy
1990 East Washington Street
East Peoria, IL 61611
RE: Muskegon Michigan – South Horn Spur; M1-121-1084142, Sappi Lead
Dear Julie Eddy:
As acceptance of this letter agreement, both parties understand that the Sappi Lead as shown in Exhibit A
attached hereto will be acquired by a third party for future development.
In consideration of this third party acquisition, both parties to this letter agreement agree to the following:
1. The Michigan Shore Railroad, a division of Mid-Michigan Railroad, Inc. (“MSR”), will reasonably
assist CSX Transportation, Inc. (“CSXT”) in a joint filing with the STB for authority to discontinue
service over, and abandon, the Sappi Lead. The parties will submit a joint filing within two hundred
forty (240) days after the execution date of the Purchase and Sale Agreement, and that CSXT will
take the lead on the filings through their attorney.
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2. MSR hereby confirms that there has been no activity on this line within the two years prior to the
date of this letter agreement.
3. MSR will not be responsible for STB filing fees or any legal fees associated with such filing.
4. MSR understands that the lease rate set forth in the existing lease agreement with CSXT will not
be adjusted following the abandonment of the Sappi Lead and subsequent removal of such line
from such lease agreement.
5. MSR will work with CSXT to have the Sappi lead removed from the lease agreement by way of an
amendment negotiated in good faith by MSR and CSXT and to be fully executed at the closing of
the purchase and sale of the Sappi Lead by the third party purchaser.
IN WITNESS WHEREOF, the parties have executed this letter agreement as of the date first set forth
above.
CSX Transportation, Inc. Michigan Shore Railroad, a division of Mid-
Michigan Railroad, Inc.
_____________________________________ ___________________________________
Director of Real Estate
Date: Date:
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EXHIBIT A
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EXHIBIT C
MAP OF TRAIL USE SEGMENTS
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EXHIBIT D
Name Contract # Contract Date
CONSUMERS POWER CO CO 050732 1966-07-22
ANACONDA WIRE AND CABLE CO CO 050950 1966-11-29
MUSKEGON CITY OF CO 051112 1967-02-10
WARREN S D CO CO 051362 1967-04-20
GRAND TRUNK WESTERN RR CO CO 052261 1967-10-16
BRENEMAN INC CO 061797 1979-07-23
LUMBERTOWN ASSOCIATES CO 063404 1984-02-24
LUMBERTOWN ASSOCIATES CO 063406 1984-02-29
S D WARREN CO CSX009886 1989-08-15
GREAT LAKES DOCK AND MATERIALS A PARTNER CSX011690 1990-04-24
COLES QUALITY FOODS INC CSX012969 1990-08-24
GREAT LAKES DOCK AND MATERIALS CSX013286 1990-11-05
MID MICHIGAN RAILROAD INC CSX049558001 2005-09-09
FRONTIER NORTH INC CSX836337V48 1972-06-27
FRONTIER NORTH INC CSX836337V61 1984-03-14
FRONTIER NORTH INC CSX836337V64 1958-10-06
CITY OF MUSKEGON CSX898548 2019-12-02
MICHIGAN RR COMMISSION DOT235862K 1916-11-09
MUSKEGON TRACTION AND LIGHTING CO DOT235863S 1916-12-05
TOTH CONSTRUCTION CO INC DOT235875L 1954-06-09
ROAD CROSSING PROJECT ONLY NOT ACTIVE DOT235887F 2002-10-30
ROAD CROSSING PROJECT ONLY NOT ACTIVE DOT235889U 2002-10-30
SHAW WALKER CO PM 007798 1908-02-03
CRESCENT MANUFACTURING CO PM 007968 1908-04-30
CENTRAL PAPER CO PM 008227 1899-09-21
GRAND RAPIDS-MUSKEGON POWER COMPANY PM 010643 1911-05-31
MUSKEGON MI PM 019552 1922-03-13
MUSKEGON CITY OF PM 020730 1923-08-28
MUSKEGON TRACTION AND LIGHTING CO PM 022168 1925-12-01
MUSKEGON CITY OF PM 024259 1928-10-22
MUSKEGON MI PM 024619 1929-05-27
MUSKEGON CITY OF PM 026411 1931-12-28
SHELL PETROLEUM CORP PM 028750 1936-02-25
MUSKEGON CITY OF PM 029106 1936-12-22
MUSKEGON CITY OF PM 029190 1937-02-17
MUSKEGON CITY OF PM 030398 1939-01-24
MUSKEGON CITY OF PM 030544 1939-06-13
MUSKEGON MI PM 030962 1940-03-26
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MUSKEGON MI PM 031551 1941-06-17
SHAW WALKER CO PM 031919 1942-02-03
JENSEN PAUL PM 033265 1944-12-21
WEST MICHIGAN CONSUMERS CO PM 033302 1945-01-23
MUSKEGON MI PM 033611 1945-07-24
MUSKEGON MI PM 036188 1949-04-14
MUSKEGON CITY OF PM 036764 1950-02-15
GREAT LAKES DOCK AND MATERIALS CORP PM 039255 1954-04-05
AMERICAN OIL CO PM A-1-209 1962-05-08
ANACONDA WIRE AND CABLE CO PM A-304-1 1937-06-23
ANACONDA WIRE AND CABLE CO PM A-304-10 1950-12-19
ANACONDA WIRE AND CABLE CO PM A-304-2 1937-11-30
ANACONDA WIRE AND CABLE CO PM A-304-8 1947-11-04
BRENEMAN HARTSHORN INC PM B-1058-3 1954-10-06
CENTRAL PAPER CO PM C-356-3 1954-01-27
CENTRAL PAPER CO PM C-356-5 1921-10-25
FISHER INVESTMENT CO PM F-395-1 1949-03-21
CONSUMERS ENERGY CO PM L03022213 1984-04-16
CONSUMERS ENERGY CO PM L03022316 1984-03-28
CONSUMERS ENERGY CO PM L03022342 1970-04-01
CONSUMERS ENERGY CO PM L03022359 1998-10-21
CONSUMERS ENERGY CO PM L03022537 1950-10-11
CONSUMERS ENERGY CO PM L03022569 1957-02-26
CONSUMERS ENERGY CO PM L03022571 1947-09-16
CONSUMERS ENERGY CO PM L03022577 1959-02-25
CONSUMERS ENERGY CO PM L03022587 1963-04-10
CONSUMERS ENERGY CO PM L03022588 1963-04-10
CONSUMERS ENERGY CO PM L03022589 1963-04-10
CONSUMERS ENERGY CO PM L03022590 1963-04-10
CONSUMERS ENERGY CO PM L03022592 1965-04-13
CONSUMERS ENERGY CO PM L03022595 1965-05-25
CONSUMERS ENERGY CO PM L03022690 1966-10-13
CONSUMERS ENERGY CO PM L03022693 1966-07-22
CONSUMERS ENERGY CO PM L03022697 1971-04-12
CONSUMERS ENERGY CO PM L03022713 1966-07-22
CONSUMERS ENERGY CO PM L03022738 1974-02-07
CONSUMERS ENERGY CO PM L03022749 1975-06-11
CONSUMERS ENERGY CO PM L03022900 1956-09-18
CONSUMERS ENERGY CO PM L03022955 1970-04-01
CONSUMERS ENERGY CO PM L03022969 1950-10-11
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CONSUMERS ENERGY CO PM L03022974 1951-04-02
CONSUMERS ENERGY CO PM L03022C28 1966-07-22
CONSUMERS ENERGY CO PM L03022C56 1965-04-13
CONSUMERS ENERGY CO PM L03022C60 1965-05-25
ANDRIE STANLEY J PM L17539 1967-10-16
MARATHON PIPE LINE LLC PM L18264 1978-03-06
MONTAGUE CITY OF PM L18400 1979-09-27
LAKESHORE YACHT HARBOUR INC PM L18579 1983-08-29
BP PRODUCTS NORTH AMERICA INC PM L20043 1947-12-09
GREAT LAKES MARINA AND STORAGE PM L20293 1975-02-21
CROW INVESTMENTS LLC PM L20293001 2000-07-07
MICHIGAN CONSOLIDATED GAS CO PM L20600 1985-04-30
BP PRODUCTS NORTH AMERICA INC PM L40145 1955-07-28
MUSKEGON CITY OF PM L40168 1931-11-16
MICHIGAN CONSOLIDATED GAS CO PM L40292 1950-08-07
MICHIGAN CONSOLIDATED GAS CO PM L40320 1954-10-20
MUSKEGON CITY OF PM M-13-44 1948-03-23
MUSKEGON CITY OF PM M-13-54 1958-04-23
MUSKEGON CITY OF PM M-13-58 1960-12-08
MICHIGAN PUBLIC SERVICE COMMISSION PM M-13-60 1962-10-11
MICHIGAN CONSOLIDATED GAS CO PM M-927-63 1955-08-09
STANDARD OIL CO PM S-1-153 1938-08-23
SOCONY MOBILE OIL CO INC PM S-770-6 1935-05-29
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EXHIBIT E
QUIT CLAIM DEED
CSX Transportation, Inc., a Virginia Corporation, whose address is c/o Real Estate and Facilities
Management, 500 Water Street, J-180, 12th Floor, Jacksonville, Florida 32202
QUIT CLAIMS TO: City of Muskegon, a Michigan municipal corporation, which offices located at 933
Terrace Street, Muskegon, Michigan 49440, the following described premises situated in the City of
Muskegon, County of Muskegon, State of Michigan:
See attached Exhibit A.
(the “Premises”) and is subject to restrictive covenants provided for in Exhibit B.
For the sum of: One Million Six Hundred Forty-Eight Thousand and no/100 U.S. Dollars ($1,648,000.00).
Dated: _______, 2021
CSX Transportation, Inc., a Virginia
Corporation
By:
Name:
Title:
State of Michigan
County of Muskegon
The foregoing instrument was acknowledged before me ____________, 2021, by
_________________________, _______________ CSX Transportation, Inc., a Virginia Corporation.
___________________________________
Notary Public, ________ County, FL
Acting in ________ County, FL
My commission Expires: ____________
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When recorded return to: Drafter
Send subsequent tax bills to: Buyer
Prepared by: Business Address:
PARMENTER LAW 601 Terrace Street, P.O. Box 786
By: John C. Schrier Muskegon, MI 49443-0786
The drafter of this instrument has not examined any title evidence to the land conveyed and renders no
opinion as to the marketability of title or whether this conveyance complies with the Michigan Land
Division Act, 1967 PA 288, as amended by 1996 PA 591.
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Exhibit A
The following described premises situated in the City of Muskegon, County of Muskegon, State of
Michigan:
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EXHIBIT B
RESTRICTIVE COVENANTS
This deed shall contain the following restrictive covenants, to run with title and to be binding upon
Buyer, Buyer's successors, and assigns, or anyone claiming title to or holding the Premises through Buyer
upon closing and recordation:
PURPOSE: Buyer acknowledges that the Premises conveyed hereunder has been historically used for
railroad industrial operations and is being conveyed for use for trail purposes. Buyer, by acceptance of this
deed, hereby covenants that it, its successors, heirs, legal representatives or assigns shall not use the
Premises for any purpose other than trail use and will not be used for (a) any residential purpose of any
kind or nature (residential use shall be defined broadly to include, without limitation, any use of the
Premises by individuals or families for purposes of personal living, dwelling, or overnight
accommodations, whether such uses are in single family residences, apartments, duplexes, or other
multiple residential dwellings, trailers, trailer parks, camping sites, motels, hotels, or any other dwelling
use of any kind), (b) any public or private school, day care, or any organized long-term or short term child
care of any kind, or (c) any agricultural purpose that results in, or could potentially result in, the human
consumption of crops or livestock raised on the property (agricultural purpose shall be defined broadly to
include, without limitation, activities such as food crop production, dairy farming, livestock breeding and
keeping, and cultivation of grazing land that would ultimately produce, or lead to the production of, a
product that could be consumed by a human). By acceptance of this deed, Buyer further covenants that it,
its successors, or assigns shall not use the groundwater underneath the Premises for human consumption,
irrigation, or other purposes.
TRAILS RESERVATION: Buyer, by acceptance hereof, acknowledges Buyers rights hereunder
to: (a) the National Trails System Act, 16 U.S.C. §1247 (d), including applicable regulations at CFR
§1152.29; and (b) the Notice of Interim Trail Use issued by the STB final decision in the abandonment
proceeding to be filed by Seller.
NO ACCESS: Buyer, by acceptance of this deed, covenants and represents that Buyer has access
either through adjoining property owned by Buyer or through other property not owned by Seller or Buyer.
Buyer, on its behalf, its successors and assigns, releases Seller, its successors and assigns, from any
responsibility, obligation or liability to provide access through land now owned or subsequently acquired
by Seller. Should Buyer convey the Premises, or any portion, to a third party, Buyer will provide access
through Buyer’s adjoining property or through other property not owned by Seller.
FENCING: Buyer, by the acceptance hereof, hereby covenants and agrees with Seller that Seller
shall not be required to erect or maintain any fences, railings or guard rails along any boundary lines
between the Premises and the adjacent land(s).
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DRAINAGE: Buyer, by acceptance of this deed, hereby covenants that it, its successors or assigns
shall maintain any existing drainage on the Premises in such a manner as not to impair adjacent railroad
property and not to redirect or increase the quantity or velocity of surface water runoff or any streams into
Seller's drainage system or upon the adjacent railroad operating property or other lands and facilities of
Seller.
NOISE, LIGHT, FUME, VIBRATION ABATEMENT: Seller shall not be required to erect or
maintain any noise, light, fume or vibration abatement or reduction structure along any boundary lines
along the Premises.
MINERAL RIGHTS. Seller shall except and reserve unto itself as Seller, its successors and
assigns, all mineral rights, if any, including but not limited to oil, gas and coal, and the constituents of
each, underlying the Premises; and RESERVING the right for Seller, its successors and assigns, to remove
the same; HOWEVER, Seller will not drill or permit drilling on the surface of the Premises.
Buyer and Seller agree and acknowledge the covenants and easements contained in this Deed shall be
covenants "in gross" and easements "in gross" which shall remain binding on Buyer, its successors, heirs,
legal representatives and assigns regardless of whether Seller continues to own property adjacent to the
Premises. Buyer acknowledges Seller will continue to have a substantial interest in enforcement of the said
covenants and easements whether or not Seller retains title to property adjacent to the Premises.
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EXHIBIT F
TERMINATION OF EASEMENTS
THIS TERMINATION OF EASEMENTS is made this _______ day of __________,
2021, by and between PURE MUSKEGON, LLC, a Michigan limited liability, whose address is
1218 E. Pontaluna, Spring Lake, MI 49456 (“PM”) and CSX Transportation, Inc., a Virginia
Corporation, whose address is 500 Water Street, J-180, 12th Floor, Jacksonville, FL 32202
(“CSX”).
Recitals
A. PM owns certain real property located in the City of Muskegon, Muskegon
County, Michigan, commonly known as 2400 Lakeshore Drive and legally described on Exhibit
A attached hereto (the “PM Property”).
B. The PM Property is subject to the following easements relating to a railroad right
of way over the PM Property:
i. Instrument dated November 28, 1879, executed and delivered by
Alexander Mason and John Moon to Muskegon Lake Railroad Company that was
recorded at Liber 40, Page 145 Muskegon County Records on December 29, 1879.
ii. Instrument dated November 28, 1879, executed and delivered by
Alexander Rodgers and Eliza Lemieux to Muskegon Lake Railroad Company that was
recorded at Liber 40, Page 147, Muskegon County Records on December 29, 1879.
iii. Instrument dated November 29, 1879, executed and delivered by
Alexander Rodgers and Eliza Lemieux to Muskegon Lake Railroad Company that was
recorded at Liber 40, Page 149, Muskegon County Records on December 29, 1879.
iv. Instrument dated September 2, 1899, executed and delivered by Eugene
Maurer and Margarita Maurer, his wife, to Chicago and West Michigan Railway
Company that was recorded at Liber 104, Page 143, Muskegon County Records on April
19, 1900.
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v. Instrument dated September 32, 1899, executed and delivered by Chase
Hackley Piano Co to Chicago and West Michigan Railway Company that was recorded at
Liber 104, Page 145, Muskegon County Records on April 19, 1900.
vi. Instrument dated December 16, 1879, executed and delivered by Elisha
Eldred to Chicago and West Michigan Railroad Company that was recorded at Liber 421,
Page 306, Muskegon County Records on August 13, 1941.
C. CSX is the successor to each of the railroads referenced above and is the holder of
each of the easement interests referenced above (“the RR ROW”).
D. On or about September 15, 1969, (“CSX”) conveyed to Scott Paper Company, a
Pennsylvania corporation (“Scott”), the former owner of the PM Property, all of its interest in the
RR ROW located on the PM Property, but reserved an easement over the RR ROW in favor of
CSX for railroad trackage and appurtenant facilities for rail service for Scott, which was
recorded on April 16, 1970, at Liber 937, Page 527, Muskegon County Records (the “1969
Easement”).
E. The 1969 Easement terminates by its terms when Scott or its successors and
assigns no longer require rail service.
F. All industrial facilities have been removed from the PM Property, so rail service
is no longer required.
G. PM and CSX desire to terminate the RR ROW, including the 1969 Easement.
Agreement
1. Termination of Easement. PM and CSX hereby confirm termination of the
Easement and that the RR ROW and 1969 Easement shall have no further force or effect. The
PM Property is hereby released from the RR ROW and 1969 Easement.
2. Quit Claim Deed. In order to fully confirm termination of the Easement and
termination of all of CSX’s interest in the RR ROW and the 1969 Easement, CSX has executed
and delivered to PM a quit claim deed in the form of Exhibit B attached hereto that will be
recorded together with this Termination of Easements.
3. Entire Agreement. This Agreement sets forth the parties’ entire agreement and
understanding relating to its subject matter and merges and supersedes all prior agreements
writings, commitments, discussions and understandings between them.
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IN WITNESS WHEREOF, the parties have executed this Agreement by their respective duly
authorized representatives.
PURE MUSKEGON, LLC
By: __________________________
Name: __________________________
Its: Manager
Acknowledged before me in Muskegon County, Michigan, on the _________ day of
_______________, 2021, by ____________________________, as Manager, on behalf of Pure
Muskegon, LLC.
__________________________, Notary Public
__________________________ County, MI
Acting in ________________County, MI
My commission expires:
CSX TRANSPORTATION, INC.
By: __________________________
Name: __________________________
Its: __________________________
Acknowledged before me in Dural County, Florida, on the _________ day of
________________, 2021, by ____________________________, as __________________, on
behalf of CSX Transportation, Inc.
__________________________, Notary Public
__________________________ County, FL
[SEAL] Acting in ________________County, FL
My commission expires:
Drafted by and after recording return to:
J. Scott Timmer
Gielow Groom Terpstra & McEvoy
281 Seminole Road – 2nd Floor
Norton Shores, MI 49444
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EXHIBIT B
QUIT CLAIM DEED
CSX Transportation, Inc., a Virginia Corporation, whose address is 500 Water Street, J-180, 12th Floor,
Jacksonville, Florida 32202, in consideration of the sum of Ten Dollars ($10.00), the receipt and
adequacy of which are hereby acknowledged, quit claims to Pure Muskegon, LLC, a Michigan limited
liability company, whose address is 1218 E. Pontaluna, Spring Lake, MI 49456 the following described
premises situated in the City of Muskegon, County of Muskegon, State of Michigan and legally described
as:
SEE EXHIBIT A ATTACHED HERETO
This deed is exempt from county and state real estate transfer tax pursuant to MCL 207.505(a); and MCL
207.526(a), respectively.
This property may be located within the vicinity of farmland or a farm operation. Generally accepted
agricultural and management practices which may generate noise, dust, odors or other associated
conditions may be used and are protected by the Michigan Right To Farm Act.
CSX Transportation, Inc.
Dated this ______ day of ____________, 2021. By:
Its
STATE OF FLORIDA )
COUNTY OF )
The foregoing instrument was acknowledged before me this _______ day of _____________,
2021, by _____________________________________, the _________________________ of CSX
Transportation, Inc. for and on behalf of said corporation.
Notary Public, _________________County, FL
[SEAL] Acting in ___________________ County, FL
My commission expires:
Drafted by & when recorded return to:
J. Scott Timmer
GIELOW GROOM TERPSTRA & MCEVOY
281 Seminole – 2nd Floor
Norton Shores, MI 49444
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EXHIBIT G
TERMINATION OF EASEMENTS
THIS TERMINATION OF EASEMENTS is made this _______ day of __________,
2021, by and between MCC REALTY, LCC, a Michigan limited liability, whose address is 2801
Lakeshore Drive, Muskegon, Michigan 49441 (“MCC”) and CSX Transportation, Inc., a
Virginia Corporation, whose address is 500 Water Street, J-180, 12th Floor, Jacksonville, Florida
32202 (“CSX”).
Recitals
A. MCC owns certain real property located in the City of Muskegon, Muskegon
County, Michigan, commonly known as 2850 Lakeshore Drive and legally described on Exhibit
A attached hereto (the “MCC Property”).
B. The MCC Property is subject to the following easements relating to a railroad
right of way over the MCC Property:
i. Instrument dated November 28, 1879, executed and delivered by
Alexander Mason and John Moon to Muskegon Lake Railroad Company that was
recorded at Liber 40, Page 145 Muskegon County Records on December 29, 1879.
ii. Instrument dated November 28, 1879, executed and delivered by
Alexander Rodgers and Eliza Lemieux to Muskegon Lake Railroad Company that was
recorded at Liber 40, Page 147, Muskegon County Records on December 29, 1879.
iii. Instrument dated November 29, 1879, executed and delivered by
Alexander Rodgers and Eliza Lemieux to Muskegon Lake Railroad Company that was
recorded at Liber 40, Page 149, Muskegon County Records on December 29, 1879.
iv. Instrument dated September 2, 1899, executed and delivered by Eugene
Maurer and Margarita Maurer, his wife, to Chicago and West Michigan Railway
Company that was recorded at Liber 104, Page 143, Muskegon County Records on April
19, 1900.
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v. Instrument dated September 32, 1899, executed and delivered by Chase
Hackley Piano Co to Chicago and West Michigan Railway Company that was recorded at
Liber 104, Page 145, Muskegon County Records on April 19, 1900.
vi. Instrument dated December 16, 1879, executed and delivered by Elisha
Eldred to Chicago and West Michigan Railroad Company that was recorded at Liber 421,
Page 306, Muskegon County Records on August 13, 1941.
C. CSX is the successor to each of the railroads referenced above and is the holder of
each of the easement interests referenced above (“the RR ROW”).
D. MCC and CSX desire to terminate the RR ROW.
Agreement
1. Termination of Easement. MCC and CSX hereby confirm termination of the
Easement and that the RR ROW shall have no further force or effect. The MCC Property is
hereby released from the RR ROW.
2. Quit Claim Deed. In order to fully confirm termination of the Easement and
termination of all of CSX’s interest in the RR ROW, CSX has executed and delivered to MCC a
quit claim deed in the form of Exhibit B attached hereto that will be recorded together with this
Termination of Easements.
3. Entire Agreement. This Agreement sets forth the parties’ entire agreement and
understanding relating to its subject matter and merges and supersedes all prior agreements
writings, commitments, discussions and understandings between them.
IN WITNESS WHEREOF, the parties have executed this Agreement by their respective
duly authorized representatives.
MCC REALTY, LLC
By: __________________________
Name: __________________________
Its: __________________________
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Acknowledged before me in Muskegon County, Michigan, on the _________ day of
_______________, 2021, by ____________________________, as _____________________,
on behalf of MCC Realty, LLC.
__________________________, Notary Public
__________________________ County, MI
Acting in ________________County, MI
My commission expires:
CSX TRANSPORTATION, INC.
By: __________________________
Name: __________________________
Its: __________________________
Acknowledged before me in Dural County, Florida, on the _________ day of
________________, 2021, by ____________________________, as __________________, on
behalf of CSX Transportation, Inc.
__________________________, Notary Public
__________________________ County, FL
[SEAL] Acting in ________________County, FL
My commission expires:
Drafted by and after recording return to:
J. Scott Timmer
Gielow Groom Terpstra & McEvoy
281 Seminole Road – 2nd Floor
Norton Shores, MI 49444
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EXHIBIT A
LEGAL DESCRIPTION
Land situated in the City of Muskegon, Muskegon County, Michigan:
All that portion of the Westerly 260 feet of Block 604 and all that portion of Block 605 lying
Easterly of a line extended North from the most Northeasterly point of Block 698 and all lying
between the Northerly line of Lakeshore Drive and the waters of Muskegon Lake, with full
riparian rights; all in the Revised Plat (of 1903) of the City of Muskegon, according to the plat
thereof, as recorded in Liber 3 of Plats, Page 71.
Except: The West 200.00 feet of that part of Block 605 of the Revised Plat (of 1903) of the City
of Muskegon, Muskegon County, Michigan, lying East on a line drawn North and South from
the Easterly corner of Block 698 of said Revised Plat, and North of Lake Shore Drive.
Except: That part of Block 604 of the Revised Plat (of 1903) of the City of Muskegon, described
as follows: Commencing at the Southwest corner of said Block 604; thence South 85 degrees 38
minutes 00 seconds East along the South line of said Block 92.00 feet for Point of Beginning;
thence continue South 85 degrees 38 minutes 00 seconds East along said South line 168.00 feet;
thence North 0 degrees 43 minutes 00 seconds East 13.00 feet; thence South 89 degrees 55
minutes 45 seconds West 167.68 feet to the Point of Beginning.
Except: That part of Block 604 of the Revised Plat (of 1903) of the City of Muskegon, described
as follows: Commencing at the Southwest corner of said Block 604; thence South 85 degrees 38
minutes 00 seconds East along the South line of said Block, 260.00 feet for Point of Beginning;
thence continue South 85 degrees 38 minutes 00 seconds East along said South line 688.00 feet;
thence North 82 degrees 51 minutes 00 seconds West 452.66 feet; thence North 86 degrees 09
minutes 30 seconds West 149.00 feet; thence South 89 degrees 24 minutes 00 seconds West
88.00 feet; thence South 0 degrees 43 minutes 00 seconds West 13.00 feet to the Point of
Beginning.
61-24-205-605-0001-03
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EXHIBIT B
QUIT CLAIM DEED
CSX Transportation, Inc., a Virginia Corporation, whose address is 500 Water Street, J-180, 12th Floor,
Jacksonville, Florida 32202, in consideration of the sum of Ten Dollars ($10.00), the receipt and
adequacy of which are hereby acknowledged, quit claims to MCC Realty, LLC, a Michigan limited
liability company, whose address is 2801 Lakeshore Drive, Muskegon, Michigan 49441 the following
described premises situated in the City of Muskegon, County of Muskegon, State of Michigan and legally
described as:
SEE EXHIBIT A ATTACHED HERETO
This deed is exempt from county and state real estate transfer tax pursuant to MCL 207.505(a); and MCL
207.526(a), respectively.
This property may be located within the vicinity of farmland or a farm operation. Generally accepted
agricultural and management practices which may generate noise, dust, odors or other associated
conditions may be used and are protected by the Michigan Right To Farm Act.
CSX Transportation, Inc.
Dated this ______ day of ____________, 2021. By:
Its
STATE OF FLORIDA )
COUNTY OF )
The foregoing instrument was acknowledged before me this _______ day of _____________,
2021, by _____________________________________, the _________________________ of CSX
Transportation, Inc. for and on behalf of said corporation.
Notary Public, _________________County, FL
[SEAL] Acting in ___________________ County, FL
My commission expires:
Drafted by & when recorded return to:
J. Scott Timmer
GIELOW GROOM TERPSTRA & MCEVOY
281 Seminole – 2nd Floor
Norton Shores, MI 49444
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EXHIBIT A
LEGAL DESCRIPTION
Land situated in the City of Muskegon, Muskegon County, Michigan:
All that portion of the Westerly 260 feet of Block 604 and all that portion of Block 605 lying Easterly of a
line extended North from the most Northeasterly point of Block 698 and all lying between the Northerly
line of Lakeshore Drive and the waters of Muskegon Lake, with full riparian rights; all in the Revised Plat
(of 1903) of the City of Muskegon, according to the plat thereof, as recorded in Liber 3 of Plats, Page 71.
Except: The West 200.00 feet of that part of Block 605 of the Revised Plat (of 1903) of the City of
Muskegon, Muskegon County, Michigan, lying East on a line drawn North and South from the Easterly
corner of Block 698 of said Revised Plat, and North of Lake Shore Drive.
Except: That part of Block 604 of the Revised Plat (of 1903) of the City of Muskegon, described as
follows: Commencing at the Southwest corner of said Block 604; thence South 85 degrees 38 minutes 00
seconds East along the South line of said Block 92.00 feet for Point of Beginning; thence continue South
85 degrees 38 minutes 00 seconds East along said South line 168.00 feet; thence North 0 degrees 43
minutes 00 seconds East 13.00 feet; thence South 89 degrees 55 minutes 45 seconds West 167.68 feet to
the Point of Beginning.
Except: That part of Block 604 of the Revised Plat (of 1903) of the City of Muskegon, described as
follows: Commencing at the Southwest corner of said Block 604; thence South 85 degrees 38 minutes 00
seconds East along the South line of said Block, 260.00 feet for Point of Beginning; thence continue
South 85 degrees 38 minutes 00 seconds East along said South line 688.00 feet; thence North 82 degrees
51 minutes 00 seconds West 452.66 feet; thence North 86 degrees 09 minutes 30 seconds West 149.00
feet; thence South 89 degrees 24 minutes 00 seconds West 88.00 feet; thence South 0 degrees 43 minutes
00 seconds West 13.00 feet to the Point of Beginning.
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 12-14-2021 Title: Social District 2022 fee
Submitted By: Dave Alexander Department: Economic Development
Brief Summary: The City Commission is asked to consider the 2022 fee for Muskegon Downtown
Social District stickers.
Detailed Summary: The city charges for social district stickers placed on establishments’ branded
cups that allow patrons to take and consume alcoholic drinks in the Social District Common Area.
The first year the city charged two fees, one for regular days and a higher fee for special events.
The average cost of fees were 60 cents with 62 percent of the stickers sold at the special event
price. With consensus support of the establishments, staff recommends a single 75-cent sticker
fee for the entire year. This same fee would be charged Lakeside Social District establishments.
The downtown fee is estimated to raise $92,250 with the 25 percent increase needed to help cover
city costs of producing special events in the downtown social district and startup costs in Lakeside.
All sticker revenues will cover direct social district costs or indirect city special event costs.
Amount Requested: None Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve a 75-cent city social district sticker fee for the 2022 calendar
year.
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Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 12-14-2021 Title: Infill Housing Project Brownfield Plan
Public Hearing (3rd Amendment)
Submitted By: Pete Wills Department: Economic Development
Brief Summary: To hold a public hearing and approve the attached resolution which seeks to adopt
an amendment to the City’s Brownfield Plan (Infill Housing Project, 3rd Amendment). On November
30th, the BRA approved the Plan Amendment and further recommends that the Muskegon City
Commission approve the Plan Amendment.
Detailed Summary: City staff has prepared a brownfield plan to include an additional 386 parcels
beyond the 119 parcels previously adopted in the 2nd Amendment. This brings the total to 505
Eligible Properties for this project and the lots are scattered throughout the city. The City
Commission approved the Plan’s 1st Amendment on 7/28/20 and 2nd Amendment on 12/8/20. This
Amendment seeks to modify the plan by adding in all of the government-owned, vacant residential
properties in the city.
The redevelopment of 505 total parcels include some lots that will be split, creating up to 633 new
homes. The plan incorporates three types of redevelopment projects; infill housing on vacant City
lots, the rehab of existing homes (11 detached houses), and two separate mixed-use
developments (former Catholic Charities parcels and 880 First St, LLC projects).
The 3rd Amendment also includes the following updates:
• Developer’s Reimbursement Costs: Infill Housing - $13,557,000; Mixed-use projects -
$1,000,000; Total reimbursement costs - $14,557,000
• Estimated Total Capital Investment: Infill Housing - $127,000,000; Home rehab - $500,000;
Mixed Use developments: $26,000,000; Total Estimated Capital Investment - $153,500,000
• The Plan anticipates eligible activities, paid through future capture of tax increments, to include
$11,780,000 for cost of sale/seller concessions; $2,000,000 for demolition and potential costs
of abatement; $777,000 to construct public infrastructure at the former farmers market; $20,000
for brownfield plan preparation and development; a 15% plan contingency fee of $2,603,100;
and which reflects total eligible activities to be paid under this plan at $19,957,100. The eligible
activities will also be reimbursed with interest at 5%.
• The Authority intends to enter into Development & Reimbursement Agreements with future
property owners/developers of properties included in the Plan to reimburse them for costs of
eligible activities.
• The duration of this Plan does not exceed 30 years and complete recapture of eligible costs
through tax increment revenue are expected to occur within this period. The duration of the tax
capture began in 2020 and does not “reset” with the adoption of this 3rd Amendment.
• The plan contemplates continued five-year capture of tax increments for a local Brownfield
Revolving Loan Fund if there is time left in the 30-year plan after eligible costs are covered.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To close the public hearing and approve the resolution of the Brownfield
Plan Amendment for the City’s Infill Housing Project (3rd Amendment).
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IT Dept.
For City Clerk Use Only:
Commission Action:
RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT
City of Muskegon Infill Housing Project, 3rd Amendment
City of Muskegon
County of Muskegon, Michigan
2021-December 14th
Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the “City”), held in the City Commission Chambers on the14th day of
December, 2021 at 5:30 p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by Commissioner
___________________ and supported by Commissioner __________________.
WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996,
as amended (“Act 381”), the City of Muskegon Brownfield Redevelopment Authority (the
“Authority”) has prepared and approved a Brownfield Plan Amendment to include the Infill
Housing Project (3rd Amendment) in the Plan; and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to the City
Commission requesting its approval of the Brownfield Plan Amendment; and
WHEREAS, the City Commission has provided notice and a reasonable opportunity to
the taxing jurisdictions levying taxes subject to capture to express their views and
recommendations regarding the Brownfield Plan Amendment, as required by Act 381; and
WHEREAS, not less than 10 days has passed since the City Commission provided
notice of the proposed Brownfield Plan to the taxing units; and
WHEREAS, the City Commission held a public hearing on the proposed Brownfield Plan
on December 14, 2021.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. That the Brownfield Plan constitutes a public purpose under Act 381.
2. That the Brownfield Plan meets all the requirements of Section 13(1) of Act 381.
3. That the proposed method of financing the costs of the eligible activities, as identified
in the Brownfield Plan and defined in Act 381, is feasible and the Authority has the
authority to arrange the financing.
4. That the costs of the eligible activities proposed in the Brownfield Plan are
reasonable and necessary to carry out the purposes of Act 381.
5. That the amount of captured taxable value estimated to result from the adoption of
the Brownfield Plan is reasonable.
6. That the Brownfield Plan in the form presented is approved and is effective
immediately.
7. That all resolutions or parts of resolutions in conflict herewith shall be and the same
are hereby rescinded.
Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute
all documents necessary or appropriate to implement the provisions of the Brownfield Plan.
AYES:
NAYS:
RESOLUTION DECLARED APPROVED.
Stephen J Gawron, Mayor
Ann Marie Meisch, City Clerk
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on December 14, 2021 and that said meeting was conducted and public
notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act,
being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting
were kept and will be or have been made available as required by said Act.
Ann Marie Meisch, City Clerk
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT
AUTHORITY
BROWNFIELD PLAN AMENDMENT
INFILL HOUSING PROJECT (3rd Amendment)
November 30, 2021
Prepared for The City of Muskegon Brownfield
Redevelopment Authority
Prepared by City of Muskegon Staff
PROJECT NAME
Infill Housing Project
DEVELOPER
City of Muskegon, a qualified unit of local government, as defined by Public Act 381 of 1996, as
amended
ELIGIBLE PROPERTY LOCATION
There are 505 Eligible Properties for this project and the lots are scattered throughout the city. Please
refer to the “Eligible Property Information Chart” and the “Eligible Property Map (Attachment A)” on the
following pages.
TYPE OF ELIGIBLE PROPERTY
Blighted
SUBJECT PROJECT DESCRIPTION
The project will focus on the redevelopment of 505 parcels that are scattered throughout the city. Some
of these lots will be split, creating even more parcels. The plan incorporates three types of redevelopment
projects; infill housing on vacant City lots, the rehab of existing homes (11 detached houses), and two
separate mixed-use developments (former Catholic charity parcels and 880 First St, LLC projects).
The residential infill units will consist mostly of detached houses, with some rowhouses, duplexes and
small multiplexes mixed in as the market dictates. The infill housing project includes the redevelopment
of the former Farmers Market (infrastructure costs) and the demolition of the former Froebel School
(demo and abatement costs) in order to redevelop the property with a variety residential units.
ELIGIBLE ACTIVITIES
Cost of Sale, Demo & Abatement, Public Infrastructure, Preparation of Brownfield Plan
DEVELOPER’S REIMBURSABLE COSTS
Infill Housing - $13,557,000
Mixed-use projects - $1,000,000
Total reimbursable costs - $14,557,000
MAXIMUM DURATION OF CAPTURE
30 years
ESTIMATED TOTAL CAPITAL INVESTMENT
Infill Housing - $127,000,000
Home Rehab - $500,000
Mixed Use developments - $26,000,000
Total Estimated Capital Investment - $153,500,000
INITIAL TAXABLE VALUE
$0 (City & County Owned)
1. Introduction
The City of Muskegon, Michigan (the “City”), established the Muskegon Brownfield Redevelopment
Authority (the “Authority”) on July 4, 1997, pursuant to Michigan Public Act 381 of 1996, as amended
(“Act 381”). The primary purpose of Act 381 is to encourage the redevelopment of eligible property
by providing economic incentives through tax increment financing for certain eligible activities.
The main purpose of this Brownfield Plan is to promote the redevelopment of and investment in
certain “Brownfield” properties within the City. Inclusion of the subject properties within this Plan
will facilitate the development of infill housing at eligible properties. By facilitating redevelopment of
underutilized properties, the Plan is intended to promote economic growth for the benefit of the
residents of the City and all taxing units located within and benefited by the Authority.
This Plan is intended to be a living document, which can be amended as necessary to achieve the
purposes of Act 381. It is specifically anticipated that properties will be continually added to the Plan
as new projects are identified. The Plan contains general provisions applicable to the Plan, as well as
property-specific information for each project. The applicable Sections of Act 381 are noted
throughout the Plan for reference purposes.
This Brownfield Plan contains the information required by Section 13(1) of Act 381, as amended.
Additional information is available from the Muskegon City Manager or the Planning Director.
The Infill Housing Project was originally added to this Plan on April 14, 2019. It was amended for the
first time on July 28, 2020. It was amended a second time on December 8, 2020. This amendment
seeks to modify the plan by adding in all of the government-owned, vacant residential properties
throughout the city.
2. General Provisions
A. Costs of the Brownfield Plan (Section 13(1)(a))
Any site-specific costs of implementing this Plan are described in the site-specific section of the Plan.
Site-specific sources of funding may include tax increment financing revenue generated from new
development on eligible brownfield properties, state and federal grant or loan funds, and/or private
parties. Where private parties finance the costs of eligible activities under the Plan, tax increment
revenues may be used to reimburse the private parties. The initial costs related to preparation of the
Brownfield Plan were funded by the City’s general fund. Subsequent amendments to the Plan may
be funded by the person requesting inclusion of a project in the Plan, and if eligible, may be
reimbursed through tax increment financing.
The Authority intends to pay for administrative costs and all of the things necessary or convenient to
achieve the objectives and purposes of the Authority with fees charged to applicants to be included
in the Plan, and any eligible tax increment revenues collected pursuant to the Plan, in accordance with
the provisions of Act 381, including, but not limited to:
i) the cost of financial tracking and auditing the funds of the Authority,
ii) costs for amending and/or updating this Plan, and
iii) costs for Plan implementation
Tax increment revenues that may be generated and captured by this Plan are identified in the site-
specific sections of this Plan.
B. Method for Financing Costs of Plan (Section 13(1)(d) and (e))
The City or Brownfield Authority may incur some debt on a site-specific basis. Please refer to the site-
specific section of this Plan for details on any debt to be incurred by the City or Authority. When a
property proposed for inclusion in the Plan is in an area where tax increment financing is a viable
option, the Authority intends to enter into Development Agreements with the property
owners/developers of properties included in the Plan to reimburse them for the costs of eligible
activities undertaken pursuant to this Plan. Financing arrangements will be specified in a
Development and Reimbursement Agreement, and also identified in the Site Specific section of the
Plan.
C. Duration of the Brownfield Plan (Section 13(1)(f))
The duration of this Plan is not to exceed 30 years. It is the goal of the city to build as many homes as
possible over that time frame, however, it is unlikely that all 505 parcels will be developed. Since the
“cost of sale” will vary for each home, as will construction costs, it is impossible to know exactly how
long it will take to completely recapture eligible costs through tax increment revenues, although it is
anticipated that it will be well within the 30 year time frame. In addition, once all activity costs are
reimbursed, funds may be captured for the local site remediation revolving fund, if available. The
duration of capture for the Project already began in 2020 and will continue until such time that all the
eligible activities undertaken in this Plan are reimbursed, but in no event will the Plan exceed the
maximum duration provided for in (MCLA 125.2663(1)(22)). The total costs of eligible activities
include the cost of principal and interest on any note or obligation issued by the Authority to pay for
the costs of eligible activities, the cost of principal and interest otherwise incurred to pay for eligible
activities, the reasonable costs of a work plan or remedial action plan and the costs of preparation of
Brownfield Plans and amendments.
D. Displacement/Relocation of Individuals on Eligible Properties (Section 13(1)(i),(j)(k)(l)
Eligible properties identified in this Plan will not require the displacement/relocation of existing
residences, therefore the provisions of Section 13(1)(i-l) are not applicable at this time.
E. Local Site Remediation Revolving Fund (Section 8; Section 13(1)(m))
Whenever this Plan includes a property for which taxes will be captured through the tax increment
financing authority provided by Act 381, it is the Authority's intent to establish and fund a Local Site
Remediation Revolving Fund ("Fund"). The Fund will consist of tax increment revenues that exceed
the costs of eligible activities incurred on an eligible property, as specified in Section 13(5) of Act 381.
Section 13(5) authorizes the capture of tax increment revenue from an eligible property for up to 5
years after the time that capture is required for the purposes of paying the costs of eligible activities
identified in the Plan. It is the intention of the Authority to continue to capture tax increment
revenues for 5 years after eligible activities are funded from those properties identified for tax capture
in the Plan, provided that the time frame allowed by Act 381 for tax capture is sufficient to
accommodate capture to capitalize a Fund. The amount of school operating taxes captured for the
Revolving Fund will be limited to the amount of school operating taxes captured for eligible
environmental response activities under this Plan. It may also include funds appropriated or
otherwise made available from public or private sources.
The Revolving Fund may be used to reimburse the Authority, the City, and private parties for the costs
of eligible activities at eligible properties and other costs as permitted by Act 381. It may also be used
for eligible activities on an eligible property for which there is no ability to capture tax increment
revenues. The establishment of this Revolving Fund will provide additional flexibility to the Authority
in facilitating redevelopment of brownfield properties by providing another source of financing for
necessary eligible activities.
3. Site Specific Provisions
A. Eligibility and Project Description (Sec. 13(1)(h))
The eligible properties included in the Infill Housing Project compromise approximately 175
acres of vacant land spread across 505 parcels in Muskegon, Michigan (See Attachment A).
Some of these lots will be split, which will result in additional parcels.
Project Breakdown:
Parcels = 505
New homes = 633
Rehabbed homes = 11
“Cost of sale” concessions = $11,780,000
Public Infrastructure = $777,000
Demo & abatement = $2,000,000
Reimbursable Costs of Construction (before 15% contingency) = $14,557,000
The chart below depicts a listing of eligible properties and the basis for their eligibility. The original
parcels from the first and second amendment to the plan are highlighted in gray. New parcels added
to this amendment are not highlighted.
Basis of
Area Reimbursable
Parcel No. Address Brownfield Investment Cost
Acreage Cost
Eligibility
24-205-378-0006-00 1248 5th St 0.10 Cost of Sale $200,000 $20,000
24-405-003-0007-00 740 Leonard Ave 0.37 Cost of Sale $400,000 $40,000
24-405-003-0008-00 754 Leonard Ave 0.37 Cost of Sale $600,000 $60,000
24-205-014-0020-00 558 Jackson Ave 0.61 Cost of Sale $400,000 $40,000
24-205-015-0006-10 608 Jackson Ave 0.24 Cost of Sale $200,000 $20,000
24-205-019-0002-00 677 Jackson Ave 0.24 Cost of Sale $200,000 $20,000
24-205-020-0001-00 621 Jackson Ave 0.34 Cost of Sale $200,000 $20,000
24-205-021-0001-00 601 Jackson Ave 0.20 Cost of Sale $200,000 $20,000
24-205-022-0001-00 579 Jackson Ave 0.19 Cost of Sale $200,000 $20,000
24-205-022-0002-00 553 Jackson Ave 0.55 Cost of Sale $600,000 $60,000
24-205-022-0003-20 530 Herrick St 0.41 Cost of Sale $600,000 $60,000
24-205-023-0008-00 527 Herrick St 1.41 Cost of Sale $1,800,000 $180,000
Demo &
24-205-024-0001-00 Abatement + Cost
417 Jackson Ave 7.20 of Sale $9,200,000 $2,000,000
24-205-068-0010-00 438 E Isabella Ave 0.21 Blight Elimination $200,000 $0
24-205-076-0009-00 580 Catherine Ave 0.20 Cost of Sale $50,000 $20,000
24-205-078-0003-00 441 E Isabella Ave 0.20 Blight Elimination $200,000 $0
24-205-078-0004-00 435 E Isabella Ave 0.20 Cost of Sale $50,000 $20,000
24-205-081-0001-10 591 Catherine Ave 0.11 Blight Elimination $200,000 $0
24-205-092-0001-00 589 Mclaughlin Ave 0.18 Blight Elimination $200,000 $0
24-205-092-0004-00 559 Mclaughlin Ave 0.19 Blight Elimination $200,000 $0
24-205-167-0001-00 650 Yuba St 1.61 Blight Elimination $1,600,000 (homes) $155,400 (Public)
24-205-182-0001-00 225 Eastern Ave 1.59 Blight Elimination $1,600,000 (homes) $155,400 (Public)
24-205-183-0001-00 731 Yuba St 2.71 Blight Elimination $1,600,000 (homes) $155,400 (Public)
24-205-191-0001-00 185 E Muskegon Ave 0.29 Blight Elimination $200,000 $0
24-205-191-0009-00 209 E Walton Ave 0.49 Blight Elimination $200,000 $0
24-205-192-0001-00 205 E Muskegon Ave 2.55 Blight Elimination $1,600,000 (homes) $155,400 (Public)
24-205-193-0004-00 287 E Muskegon Ave 1.48 Blight Elimination $1,600,000 (homes) $155,400 (Public)
24-205-232-0007-00 1047 Ambrosia St 0.57 Cost of Sale $1,400,000 $140,000
24-205-236-0008-00 1075 Ambrosia St 0.35 Cost of Sale $1,200,000 $120,000
24-205-245-0002-00 1192 Pine St 0.10 Cost of Sale $50,000 $20,000
24-205-245-0002-10 1194 Pine St 0.09 Cost of Sale $50,000 $20,000
24-205-250-0008-00 1155 Ambrosia St 0.61 Cost of Sale $1,200,000 $120,000
24-205-254-0001-00 1338 Arthur St 0.13 Cost of Sale $200,000 $20,000
24-205-261-0008-00 1205 Ambrosia St 0.41 Cost of Sale $1,200,000 $120,000
24-205-266-0001-00 1386 Ransom St 0.20 Cost of Sale $200,000 $20,000
24-205-281-0002-10 1530 Hoyt St 0.10 Cost of Sale $200,000 $20,000
24-205-310-0016-00 216 W Clay Ave 0.38 Blight Elimination $5,000,000 $0
24-205-336-0008-00 382 W Muskegon Ave 0.24 Cost of Sale $200,000 $20,000
24-205-340-0001-00 619 W Webster Ave 0.08 Cost of Sale $2,000,000 $200,000
24-205-345-0001-00 579 W Muskegon Ave 0.10 Cost of Sale $200,000 $20,000
24-205-345-0002-10 583 W Muskegon Ave 0.10 Cost of Sale $200,000 $20,000
24-205-345-0006-00 617 W Muskegon Ave 0.10 Cost of Sale $200,000 $20,000
24-205-347-0004-00 487 W Muskegon Ave 0.19 Cost of Sale $200,000 $20,000
24-205-350-0001-00 301 W Muskegon Ave 0.21 Cost of Sale $800,000 $200,000
24-205-310-0012-00 880 1st St 0.43 Cost of Sale $12,000,000 $500,000
24-205-350-0009-00 1095 3rd St 0.95 Cost of Sale $3,000,000 $300,000
24-205-352-0004-10 1078 2nd St 0.10 Blight Elimination $50,000 $0
24-205-352-0008-00 180 Houston Ave 0.00 Cost of Sale $200,000 $20,000
24-205-364-0008-10 1141 Jefferson St 0.10 Cost of Sale $200,000 $20,000
24-205-367-0008-00 1188 4th St 0.21 Blight Elimination $50,000 $0
24-601-000-0001-00 250 Monroe Ave 0.02 Cost of Sale $200,000 $20,000
24-601-000-0006-00 240 Monroe Ave 0.02 Cost of Sale $200,000 $20,000
24-205-369-0004-00 395 Houston Ave 0.21 Cost of Sale $400,000 $40,000
24-205-369-0006-30 1262 6th St 0.07 Cost of Sale $200,000 $20,000
24-205-371-0004-10 507 Houston Ave 0.10 Blight Elimination $200,000 $0
24-205-374-0007-00 462 Washington Ave 0.08 Blight Elimination $200,000 $0
24-205-375-0003-20 1392 Park St 0.10 Cost of Sale $200,000 $20,000
24-205-375-0005-00 1387 7th St 0.24 Cost of Sale $400,000 $40,000
24-205-375-0009-10 408 Washington Ave 0.16 Cost of Sale $200,000 $20,000
24-205-375-0010-00 420 Washington Ave 0.09 Cost of Sale $400,000 $40,000
24-205-376-0007-00 1360 7th St 0.09 Cost of Sale $200,000 $20,000
24-205-376-0007-20 388 Merrill Ave 0.20 Cost of Sale $400,000 $40,000
24-205-377-0001-00 1245 5th St 0.12 Cost of Sale $200,000 $20,000
24-205-377-0011-00 1261 5th St 0.10 Cost of Sale $200,000 $20,000
24-205-378-0006-10 1256 5th St 0.10 Cost of Sale $200,000 $20,000
24-601-000-0008-00 239 Monroe Ave 0.02 Cost of Sale $200,000 $20,000
24-601-000-0010-00 235 Monroe Ave 0.02 Cost of Sale $200,000 $20,000
24-205-384-0007-20 1259 Sanford St 0.09 Cost of Sale $200,000 $20,000
24-205-386-0012-00 219 Merrill Ave 0.12 Cost of Sale $200,000 $20,000
24-205-387-0005-00 271 Merrill Ave 0.19 Cost of Sale $400,000 $40,000
24-205-387-0007-00 248 Mason Ave 0.14 Cost of Sale $50,000 $20,000
24-205-388-0006-20 1342 6th St 0.09 Cost of Sale $200,000 $20,000
24-205-388-0007-00 1352 6th St 0.09 Cost of Sale $400,000 $40,000
24-205-388-0008-00 292 Mason Ave 0.10 Cost of Sale $200,000 $20,000
24-205-389-0008-00 352 Mason Ave 0.20 Cost of Sale $200,000 $20,000
24-205-389-0009-00 346 Mason Ave 0.09 Cost of Sale $400,000 $40,000
24-205-389-0012-00 1349 6th St 0.20 Cost of Sale $200,000 $40,000
24-205-390-0011-20 288 Washington Ave 0.10 Cost of Sale $200,000 $20,000
24-205-391-0003-00 275 Mason Ave 0.18 Cost of Sale $400,000 $40,000
24-205-391-0011-00 242 Strong Ave 0.08 Cost of Sale $200,000 $20,000
24-205-394-0001-00 1280 Sanford St 0.15 Cost of Sale $200,000 $20,000
24-205-401-0001-10 1370 Sanford St 0.08 Blight Elimination $200,000 $0
24-205-405-0013-00 1464 6th St 0.17 Cost of Sale $200,000 $20,000
24-205-405-0014-00 1458 6th St 0.16 Cost of Sale $200,000 $20,000
24-205-405-0019-00 237 Washington Ave 0.17 Blight Elimination $200,000 $0
24-205-406-0007-00 329 Washington Ave 0.19 Blight Elimination $200,000 $0
24-205-406-0018-00 314 W Grand Ave 0.17 Blight Elimination $200,000 $0
24-205-407-0004-00 1456 Park St 0.18 Blight Elimination $200,000 $0
24-205-407-0011-10 1457 7th St 0.12 Cost of Sale $50,000 $20,000
24-205-408-0002-00 459 Washington Ave 0.46 Cost of Sale $600,000 $60,000
24-205-408-0007-00 1468 8th St 0.19 Blight Elimination $400,000 $0
24-205-418-0003-00 1514 Park St 0.19 Blight Elimination $200,000 $0
24-205-419-0001-00 355 W Grand Ave 0.10 Cost of Sale $200,000 $20,000
24-205-419-0001-20 337 W Grand Ave 0.10 Cost of Sale $200,000 $20,000
24-205-419-0007-00 1542 7th St 0.08 Blight Elimination $200,000 $0
24-205-419-0013-00 1535 6th St 0.16 Cost of Sale $200,000 $20,000
24-205-419-0019-00 305 W Grand Ave 0.17 Cost of Sale $200,000 $20,000
24-205-420-0012-20 254 W Southern Ave 0.07 Cost of Sale $50,000 $20,000
24-205-425-0007-00 1605 Sanford St 0.15 Cost of Sale $400,000 $40,000
24-205-428-0007-00 340 W Forest Ave 0.15 Cost of Sale $200,000 $20,000
24-205-430-0004-00 487 W Southern Ave 0.26 Cost of Sale $400,000 $40,000
24-205-439-0006-10 408 W Dale Ave 0.10 Cost of Sale $200,000 $20,000
24-205-439-0007-00 1670 Park St 0.09 Cost of Sale $200,000 $20,000
24-205-440-0004-00 1660 7th St 0.31 Cost of Sale $400,000 $40,000
24-205-441-0003-00 1639 5th St 0.17 Cost of Sale $200,000 $20,000
24-205-441-0007-00 204 W Dale Ave 0.08 Blight Elimination $200,000 $0
24-205-449-0001-00 1686 7th St 0.31 Cost of Sale $400,000 $40,000
24-205-449-0009-00 324 W Larch Ave 0.14 Cost of Sale $200,000 $20,000
24-205-449-0010-00 318 W Larch Ave 0.27 Cost of Sale $400,000 $40,000
24-205-463-0003-00 1772 5th St 0.23 Cost of Sale $200,000 $20,000
24-205-463-0004-00 1782 5th St 0.31 Cost of Sale $400,000 $40,000
24-205-484-0004-00 1067 W Grand Ave 0.20 Blight Elimination $50,000 $0
24-234-000-0004-00 208 W Clay Ave 0.22 Blight Elimination $5,000,000 $0
24-405-003-0001-00 704 Leonard Ave 0.38 Cost of Sale $400,000 $40,000
24-405-003-0011-00 766 Leonard Ave 0.38 Cost of Sale $600,000 $60,000
24-745-000-0033-00 1227 Fleming Ave 0.11 Cost of Sale $200,000 $20,000
24-205-406-0009-00 0 7TH ST 0.10 Cost of Sale $200,000 $20,000
24-205-066-0011-00 0 CHESTNUT ST 0.09 Cost of Sale $200,000 $20,000
24-232-004-0010-00 0 Jefferson St 0.14 Cost of Sale $200,000 $20,000
24-205-391-0006-20 0 MASON AVE 0.06 Cost of Sale $200,000 $20,000
24-205-248-0002-00 0 Sophia St 0.12 Cost of Sale $200,000 $20,000
24-205-493-0009-00 0 Southern Ave 0.35 Cost of Sale $200,000 $20,000
24-612-000-0519-00 1003 Ducey Ave 0.22 Cost of Sale $200,000 $20,000
24-612-000-0553-00 1007 Albert Ave 0.31 Cost of Sale $200,000 $20,000
24-190-001-0020-00 1032 Evanston Ave 0.03 Cost of Sale $200,000 $20,000
24-205-173-0001-00 105 E Western Ave 0.23 Cost of Sale $200,000 $20,000
24-480-002-0018-00 1056 WINDSOR AVE 0.12 Cost of Sale $200,000 $20,000
24-205-069-0006-00 1060 Williams St 0.20 Cost of Sale $200,000 $20,000
24-205-248-0002-20 1061 Wood St 0.13 Cost of Sale $200,000 $20,000
24-612-000-0531-00 1065 James Ave 0.30 Cost of Sale $200,000 $20,000
24-190-001-0001-00 1070 Evanston Ave 0.38 Cost of Sale $200,000 $20,000
24-205-357-0001-10 1075 SANFORD ST 0.10 Cost of Sale $200,000 $20,000
24-205-247-0009-00 1077 Sophia St 0.30 Cost of Sale $200,000 $20,000
24-612-000-0492-00 1085 Marquette Ave 0.25 Cost of Sale $200,000 $20,000
24-215-012-0030-00 1085 E Holbrook Ave 0.15 Cost of Sale $200,000 $20,000
24-205-248-0003-00 1088 Sophia St 0.30 Cost of Sale $200,000 $20,000
24-205-472-0013-00 1100 Washington Ave 0.26 Cost of Sale $200,000 $20,000
24-205-078-0006-00 1114 WOOD ST 0.10 Cost of Sale $200,000 $20,000
24-205-077-0001-00 1115 CHESTNUT ST 0.13 Cost of Sale $200,000 $20,000
24-205-077-0002-00 1123 CHESTNUT ST 0.13 Cost of Sale $200,000 $20,000
24-205-076-0001-10 1125 MAPLE ST 0.09 Cost of Sale $200,000 $20,000
24-205-074-0006-10 1126 KENNETH ST 0.10 Cost of Sale $200,000 $20,000
24-205-249-0002-00 1160 Ambrosia St 0.30 Cost of Sale $200,000 $20,000
24-205-080-0006-00 1162 Williams St 0.20 Cost of Sale $200,000 $20,000
24-205-382-0001-00 1163 Sanford St 0.10 Cost of Sale $200,000 $20,000
24-613-000-0768-00 1172 Marquette Ave 0.32 Cost of Sale $200,000 $20,000
24-613-000-0755-00 1175 Morgan Ave 0.61 Cost of Sale $200,000 $20,000
24-205-082-0007-00 1186 Maple St 0.22 Cost of Sale $200,000 $20,000
24-613-000-0780-00 1200 Adams Ave 0.37 Cost of Sale $200,000 $20,000
24-205-384-0011-00 1221 SANFORD ST 0.10 Cost of Sale $200,000 $20,000
24-613-000-0781-00 1224 Adams Ave 0.39 Cost of Sale $200,000 $20,000
24-613-000-0789-00 1227 ADAMS AVE 0.15 Cost of Sale $200,000 $20,000
24-205-252-0010-10 1227 Pine St 0.15 Cost of Sale $200,000 $20,000
24-205-745-0002-00 1230 Channel Dr 0.26 Cost of Sale $200,000 $20,000
24-611-000-0484-00 1243 Marquette Ave 0.34 Cost of Sale $200,000 $20,000
24-205-320-0001-00 1249 9th St 0.98 Cost of Sale $200,000 $20,000
24-611-000-0250-00 1258 Wesley Ave 0.24 Cost of Sale $200,000 $20,000
24-205-260-0001-30 1270 Pine St 0.09 Cost of Sale $200,000 $20,000
24-205-252-0003-00 1278 Terrace St 0.27 Cost of Sale $200,000 $20,000
24-745-000-0016-00 1282 FLEMING AVE 0.11 Cost of Sale $200,000 $20,000
24-611-000-0371-00 1284 James Ave 0.24 Cost of Sale $200,000 $20,000
24-771-000-0030-00 1294 Williams St 0.32 Cost of Sale $200,000 $20,000
24-205-582-0001-00 1296 Lakeshore Dr 0.92 Cost of Sale $200,000 $20,000
24-205-216-0017-00 130 E APPLE AVE 0.22 Cost of Sale $200,000 $20,000
24-205-376-0001-10 1303 6TH ST 0.07 Cost of Sale $200,000 $20,000
24-611-000-0415-00 1315 Ducey Ave 0.15 Cost of Sale $200,000 $20,000
24-205-264-0002-00 1318 Pine St 0.16 Cost of Sale $200,000 $20,000
24-205-269-0002-00 1320 Spring St 0.20 Cost of Sale $200,000 $20,000
24-205-264-0003-00 1324 PINE ST 0.10 Cost of Sale $200,000 $20,000
24-205-258-0010-00 1325 Terrace St 0.10 Cost of Sale $200,000 $20,000
24-611-000-0234-00 1325 Wesley Ave 0.16 Cost of Sale $200,000 $20,000
24-205-340-0006-20 1326 9th St 0.10 Cost of Sale $200,000 $20,000
24-611-000-0376-00 1328 James Ave 0.25 Cost of Sale $200,000 $20,000
24-205-264-0004-00 1334 Pine St 0.26 Cost of Sale $200,000 $20,000
24-611-000-0413-00 1341 Ducey Ave 0.30 Cost of Sale $200,000 $20,000
24-205-749-0001-00 1351 Bluff St 0.81 Cost of Sale $200,000 $20,000
24-613-000-0844-00 1355 Adams Ave 0.19 Cost of Sale $200,000 $20,000
24-205-267-0010-00 1355 Pine St 0.19 Cost of Sale $200,000 $20,000
24-611-000-0472-00 1357 Marquette Ave 0.25 Cost of Sale $200,000 $20,000
24-613-000-0876-00 1364 Morgan Ave 0.25 Cost of Sale $200,000 $20,000
24-205-376-0007-15 1366 7th St 0.07 Cost of Sale $200,000 $20,000
24-613-000-0839-00 1366 Leonard Ave 0.20 Cost of Sale $200,000 $20,000
24-205-267-0008-00 1373 Pine St 0.21 Cost of Sale $200,000 $20,000
24-611-000-0352-00 1375 James Ave 0.40 Cost of Sale $200,000 $20,000
24-205-342-0009-00 1390 Henry St 0.29 Cost of Sale $200,000 $20,000
24-205-375-0010-10 1402 Park St 0.09 Cost of Sale $200,000 $20,000
24-205-273-0004-00 1408 Leahy St 0.12 Cost of Sale $200,000 $20,000
24-611-000-0408-00 1419 Ducey Ave 0.26 Cost of Sale $200,000 $20,000
24-611-000-0444-00 1428 Ducey Ave 0.19 Cost of Sale $200,000 $20,000
24-205-273-0016-00 1431 Hoyt St 0.19 Cost of Sale $200,000 $20,000
24-205-274-0006-00 1440 Jiroch St 0.19 Cost of Sale $200,000 $20,000
24-205-273-0015-00 1441 Hoyt St 0.18 Cost of Sale $200,000 $20,000
24-205-274-0014-00 1451 Leahy St 0.19 Cost of Sale $200,000 $20,000
24-205-272-0017-00 1459 TERRACE ST 0.18 Cost of Sale $200,000 $20,000
24-205-408-0013-00 1461 Park St 0.05 Cost of Sale $200,000 $20,000
24-205-406-0014-00 1480 7th St 0.06 Cost of Sale $200,000 $20,000
24-205-272-0011-10 1490 HOYT ST 0.09 Cost of Sale $200,000 $20,000
24-205-585-0001-00 1490 Lakeshore Dr 33.40 Cost of Sale $200,000 $20,000
24-205-280-0012-00 1499 Hoyt St 0.19 Cost of Sale $200,000 $20,000
24-205-279-0003-00 1518 Jiroch St 0.36 Cost of Sale $200,000 $20,000
24-205-281-0002-00 1524 HOYT ST 0.10 Cost of Sale $200,000 $20,000
24-205-280-0009-00 1527 Hoyt St 0.16 Cost of Sale $200,000 $20,000
24-205-526-0012-00 1535 Lakeshore Dr 0.17 Cost of Sale $200,000 $20,000
24-611-000-0453-00 1536 Ducey Ave 0.28 Cost of Sale $200,000 $20,000
24-611-000-0397-00 1539 Ducey Ave 0.23 Cost of Sale $200,000 $20,000
24-613-000-0893-00 1542 Adams Ave 0.15 Cost of Sale $200,000 $20,000
24-611-000-0214-00 1554 Marcoux Ave 0.18 Cost of Sale $200,000 $20,000
24-611-000-0335-00 1556 Albert Ave 0.22 Cost of Sale $200,000 $20,000
24-611-000-0275-00 1561 Albert Ave 0.19 Cost of Sale $200,000 $20,000
24-675-003-0023-00 159 E Laketon Ave 0.15 Cost of Sale $200,000 $20,000
24-185-100-0001-00 1608 ELWOOD ST 0.11 Cost of Sale $200,000 $20,000
24-205-295-0001-00 1608 Smith St 0.19 Cost of Sale $200,000 $20,000
24-205-292-0025-10 1647 Terrace St 0.16 Cost of Sale $200,000 $20,000
24-185-101-0011-00 1657 Elwood St 0.11 Cost of Sale $200,000 $20,000
24-205-292-0023-10 1679 Terrace St 0.15 Cost of Sale $200,000 $20,000
24-205-609-0001-00 1682 Lakeshore Dr 0.77 Cost of Sale $200,000 $20,000
24-128-400-0019-10 1690 Creston St 1.66 Cost of Sale $200,000 $20,000
24-205-297-0024-00 1691 SMITH ST 0.14 Cost of Sale $200,000 $20,000
24-205-292-0009-10 1692 Hoyt St 0.09 Cost of Sale $200,000 $20,000
24-205-297-0005-00 1694 PINE ST 0.13 Cost of Sale $200,000 $20,000
24-205-206-0003-00 171 E WALTON AVE 0.20 Cost of Sale $200,000 $20,000
24-185-111-0007-00 1710 Superior St 0.11 Cost of Sale $200,000 $20,000
24-205-296-0017-00 1725 WOOD ST 0.11 Cost of Sale $200,000 $20,000
24-205-298-0012-00 1728 Terrace St 0.29 Cost of Sale $200,000 $20,000
24-205-611-0021-40 1737 Lakeshore Dr 0.28 Cost of Sale $200,000 $20,000
24-185-119-0011-00 1769 Mcilwraith St 0.11 Cost of Sale $200,000 $20,000
24-185-115-0010-00 1773 SUPERIOR ST 0.12 Cost of Sale $200,000 $20,000
24-205-307-0007-00 1778 PINE ST 0.13 Cost of Sale $200,000 $20,000
24-205-307-0010-00 1783 Smith St 0.14 Cost of Sale $200,000 $20,000
24-210-000-9991-00 1820 Crozier Ave 1.78 Cost of Sale $200,000 $20,000
24-880-000-0004-00 1826 RAY ST 0.11 Cost of Sale $200,000 $20,000
24-675-004-0020-00 1838 Jiroch St 0.14 Cost of Sale $200,000 $20,000
24-232-012-0008-00 1856 Commerce St 0.14 Cost of Sale $200,000 $20,000
24-205-206-0011-00 186 Myrtle Ave 0.46 Cost of Sale $200,000 $20,000
24-215-002-0021-00 1867 AUSTIN ST 0.23 Cost of Sale $200,000 $20,000
24-675-003-0009-00 1867 Hoyt St 0.14 Cost of Sale $200,000 $20,000
24-890-000-0020-00 1874 MANZ ST 0.12 Cost of Sale $200,000 $20,000
24-255-009-0001-00 1908 Superior St 0.11 Cost of Sale $200,000 $20,000
24-215-012-0002-00 1916 Huizenga St 0.12 Cost of Sale $200,000 $20,000
24-255-006-0026-00 1919 ELWOOD ST 0.13 Cost of Sale $200,000 $20,000
24-215-007-0002-00 1920 S Getty St 0.63 Cost of Sale $200,000 $20,000
24-675-024-0021-00 1930 CLINTON ST 0.14 Cost of Sale $200,000 $20,000
24-215-011-0026-00 1931 Huizenga St 0.47 Cost of Sale $200,000 $20,000
24-796-002-0019-00 1932 REYNOLDS ST 0.09 Cost of Sale $200,000 $20,000
24-675-025-0004-00 1933 LEAHY ST 0.13 Cost of Sale $200,000 $20,000
24-215-013-0004-00 1936 Brunswick St 0.13 Cost of Sale $200,000 $20,000
24-255-010-0025-00 1947 S Getty St 0.34 Cost of Sale $200,000 $20,000
24-215-012-0022-00 1957 Brunswick St 0.25 Cost of Sale $200,000 $20,000
24-215-013-0007-00 1962 Brunswick St 0.25 Cost of Sale $200,000 $20,000
24-796-003-0009-00 1967 REYNOLDS ST 0.14 Cost of Sale $200,000 $20,000
24-796-003-0014-00 1968 HOYT ST 0.14 Cost of Sale $200,000 $20,000
24-290-001-0003-00 1968 PARK ST 0.30 Cost of Sale $200,000 $20,000
24-763-001-0019-00 1968 Smith St 0.20 Cost of Sale $200,000 $20,000
24-290-001-0005-00 1974 Park St 0.17 Cost of Sale $200,000 $20,000
24-255-007-0013-00 1984 Elwood St 0.24 Cost of Sale $200,000 $20,000
24-215-013-0013-00 1992 Brunswick St 0.13 Cost of Sale $200,000 $20,000
24-215-008-0015-00 1994 Continental St 0.12 Cost of Sale $200,000 $20,000
24-232-004-0009-00 1995 Sanford St 0.14 Cost of Sale $200,000 $20,000
24-205-622-0004-00 2035 BOURDON ST 0.18 Cost of Sale $200,000 $20,000
24-665-000-0485-00 2043 Dowd St 0.14 Cost of Sale $200,000 $20,000
24-205-647-0010-00 2048 Crozier Ave 0.01 Cost of Sale $200,000 $20,000
24-205-209-0007-00 205 Amity Ave 0.11 Cost of Sale $200,000 $20,000
24-665-000-0486-00 2051 Dowd St 0.14 Cost of Sale $200,000 $20,000
24-205-266-0005-00 206 Irwin Ave 0.23 Cost of Sale $200,000 $20,000
24-665-000-0487-00 2065 Dowd St 0.14 Cost of Sale $200,000 $20,000
24-205-200-0005-00 207 E Walton Ave 0.11 Cost of Sale $200,000 $20,000
24-665-000-0488-00 2075 Dowd St 0.14 Cost of Sale $200,000 $20,000
24-205-628-0009-00 2105 Torrent St 0.12 Cost of Sale $200,000 $20,000
24-860-000-0117-00 2127 Austin St 0.12 Cost of Sale $200,000 $20,000
24-205-209-0005-00 213 Amity Ave 0.09 Cost of Sale $200,000 $20,000
24-205-205-0004-00 213 Myrtle Ave 0.14 Cost of Sale $200,000 $20,000
24-205-351-9991-00 215 W Muskegon Ave 0.06 Cost of Sale $200,000 $20,000
24-860-000-0052-00 2155 Continental St 0.16 Cost of Sale $200,000 $20,000
24-205-129-0001-00 216 Yuba St 0.30 Cost of Sale $200,000 $20,000
24-205-129-0012-00 223 Erickson St 0.22 Cost of Sale $200,000 $20,000
24-860-000-0159-00 2247 Valley St 0.15 Cost of Sale $200,000 $20,000
24-665-000-0442-00 2250 Dowd St 0.23 Cost of Sale $200,000 $20,000
24-205-666-0006-00 2259 Meurer Ct 0.59 Cost of Sale $200,000 $20,000
24-860-000-0145-00 2262 Austin St 0.15 Cost of Sale $200,000 $20,000
24-133-400-0008-03 2301 S Harvey St 0.15 Cost of Sale $200,000 $20,000
24-205-667-0006-00 2309 Meurer Ct 0.59 Cost of Sale $200,000 $20,000
24-665-000-0413-00 2347 HUDSON ST 0.12 Cost of Sale $200,000 $20,000
24-665-000-0424-00 2358 Dowd St 0.45 Cost of Sale $200,000 $20,000
24-665-000-0417-00 2369 Hudson St 0.10 Cost of Sale $200,000 $20,000
24-205-236-0012-00 247 Delaware Ave 0.10 Cost of Sale $200,000 $20,000
24-205-129-0003-00 252 Yuba St 0.30 Cost of Sale $200,000 $20,000
24-613-000-0681-00 254 Meeking St 0.15 Cost of Sale $200,000 $20,000
24-205-260-0016-00 269 Catherine Ave 0.28 Cost of Sale $200,000 $20,000
24-613-000-0683-00 270 Meeking St 0.60 Cost of Sale $200,000 $20,000
24-205-210-0009-00 280 Allen Ave 0.20 Cost of Sale $200,000 $20,000
24-205-199-0003-00 283 E Walton Ave 0.21 Cost of Sale $200,000 $20,000
24-205-199-0008-00 286 Myrtle Ave 0.21 Cost of Sale $200,000 $20,000
24-205-264-0012-00 291 Mclaughlin Ave 0.18 Cost of Sale $200,000 $20,000
24-205-210-0010-00 298 Allen Ave 0.20 Cost of Sale $200,000 $20,000
24-205-264-0011-00 301 Mclaughlin Ave 0.25 Cost of Sale $200,000 $20,000
24-205-201-0009-00 302 Orchard Ave 0.10 Cost of Sale $200,000 $20,000
24-205-204-0013-00 304 Amity Ave 0.21 Cost of Sale $200,000 $20,000
24-205-260-0007-00 304 Mclaughlin Ave 0.15 Cost of Sale $200,000 $20,000
24-205-210-0003-00 305 Amity Ave 0.20 Cost of Sale $200,000 $20,000
24-205-210-0011-00 306 Allen Ave 0.20 Cost of Sale $200,000 $20,000
24-205-204-0013-20 306 AMITY AVE 0.03 Cost of Sale $200,000 $20,000
24-205-264-0010-00 307 Mclaughlin Ave 0.19 Cost of Sale $200,000 $20,000
24-205-193-0001-00 307 E Muskegon Ave 0.64 Cost of Sale $200,000 $20,000
24-205-141-0009-00 312 Jackson Ave 0.10 Cost of Sale $200,000 $20,000
24-205-201-0001-00 313 Myrtle Ave 0.17 Cost of Sale $200,000 $20,000
24-205-204-0001-00 313 Orchard Ave 0.21 Cost of Sale $200,000 $20,000
24-205-283-0009-00 316 E Forest Ave 0.09 Cost of Sale $200,000 $20,000
24-205-554-0001-20 32 W Western Ave 0.51 Cost of Sale $200,000 $20,000
24-205-389-0012-10 320 Mason Ave 0.13 Cost of Sale $200,000 $20,000
24-205-008-0008-10 320 Wood St 0.20 Cost of Sale $200,000 $20,000
24-205-702-0012-08 3201 Millard Ave 0.29 Cost of Sale $200,000 $20,000
24-205-194-0006-00 324 E Walton Ave 0.17 Cost of Sale $200,000 $20,000
24-205-247-0012-00 325 IONA AVE 0.09 Cost of Sale $200,000 $20,000
24-205-149-0001-00 325 Jackson Ave 0.21 Cost of Sale $200,000 $20,000
24-205-194-0001-00 325 E Muskegon Ave 0.72 Cost of Sale $200,000 $20,000
24-205-283-0009-10 326 E Forest Ave 0.09 Cost of Sale $200,000 $20,000
24-205-250-0005-10 328 Catherine Ave 0.08 Cost of Sale $200,000 $20,000
24-205-297-0013-10 328 E Larch Ave 0.09 Cost of Sale $200,000 $20,000
24-613-000-0690-00 329 Leonard Ave 0.49 Cost of Sale $200,000 $20,000
24-205-194-0007-00 332 E Walton Ave 0.16 Cost of Sale $200,000 $20,000
24-205-250-0006-00 334 Catherine Ave 0.20 Cost of Sale $200,000 $20,000
24-205-264-0007-00 336 Catawba Ave 0.07 Cost of Sale $200,000 $20,000
24-205-247-0011-10 337 Iona Ave 0.10 Cost of Sale $200,000 $20,000
24-290-007-0014-00 345 Shelby St 0.19 Cost of Sale $200,000 $20,000
24-205-419-0001-10 345 W Grand Ave 0.11 Cost of Sale $200,000 $20,000
24-205-008-0010-00 346 Wood St 0.20 Cost of Sale $200,000 $20,000
24-205-194-0009-00 346 E Walton Ave 0.58 Cost of Sale $200,000 $20,000
24-205-563-0010-00 350 Shoreline Dr 4.94 Cost of Sale $200,000 $20,000
24-205-742-0001-50 3510 Channel Dr 1.50 Cost of Sale $200,000 $20,000
24-205-263-0012-10 355 Mclaughlin Ave 0.10 Cost of Sale $200,000 $20,000
24-205-249-0012-10 357 E ISABELLA AVE 0.10 Cost of Sale $200,000 $20,000
24-205-186-0024-00 36 E Muskegon Ave 0.12 Cost of Sale $200,000 $20,000
24-205-263-0011-00 363 Mclaughlin Ave 0.19 Cost of Sale $200,000 $20,000
24-613-000-0717-00 366 Bennett St 0.25 Cost of Sale $200,000 $20,000
24-763-001-0026-10 367 E HOLBROOK AVE 0.11 Cost of Sale $200,000 $20,000
24-205-249-0010-00 369 E ISABELLA AVE 0.09 Cost of Sale $200,000 $20,000
24-205-211-0010-00 370 Allen Ave 0.20 Cost of Sale $200,000 $20,000
24-205-249-0004-00 370 Catherine Ave 0.12 Cost of Sale $200,000 $20,000
24-205-269-0001-10 373 Catawba Ave 0.09 Cost of Sale $200,000 $20,000
24-205-203-0009-30 373 Orchard Ave 0.10 Cost of Sale $200,000 $20,000
24-205-249-0004-10 376 Catherine Ave 0.11 Cost of Sale $200,000 $20,000
24-205-249-0005-00 384 Catherine Ave 0.22 Cost of Sale $200,000 $20,000
24-205-296-0015-00 384 E Larch Ave 0.16 Cost of Sale $200,000 $20,000
24-205-139-0002-00 388 Jackson Ave 0.36 Cost of Sale $200,000 $20,000
24-205-249-0006-00 390 CATHERINE AVE 0.23 Cost of Sale $200,000 $20,000
24-205-140-0001-00 396 Erickson St 0.21 Cost of Sale $200,000 $20,000
24-205-140-0015-00 397 Marquette Ave 0.20 Cost of Sale $200,000 $20,000
24-205-407-0007-10 404 W Grand Ave 0.05 Cost of Sale $200,000 $20,000
24-205-146-0003-00 411 Seaway Dr 0.05 Cost of Sale $200,000 $20,000
24-205-094-0005-00 415 Mclaughlin Ave 0.42 Cost of Sale $200,000 $20,000
24-205-044-0008-00 420 Oak Ave 0.21 Cost of Sale $200,000 $20,000
24-205-140-0014-00 425 Octavius St 0.20 Cost of Sale $200,000 $20,000
24-205-015-0005-10 430 LANGLEY ST 0.09 Cost of Sale $200,000 $20,000
24-205-146-0008-00 431 Seaway Dr 0.05 Cost of Sale $200,000 $20,000
24-205-370-0007-00 432 Monroe Ave 0.20 Cost of Sale $200,000 $20,000
24-612-000-0600-00 434 Abbey St 0.37 Cost of Sale $200,000 $20,000
24-205-094-0003-00 435 Mclaughlin Ave 0.19 Cost of Sale $200,000 $20,000
24-205-376-0006-00 435 Monroe Ave 0.21 Cost of Sale $200,000 $20,000
24-205-013-0005-00 436 Charles St 0.19 Cost of Sale $200,000 $20,000
24-205-007-0006-00 438 Adams Ave 0.34 Cost of Sale $200,000 $20,000
24-205-012-0001-00 445 Marquette Ave 0.99 Cost of Sale $200,000 $20,000
24-205-045-0005-00 447 Oak Ave 0.19 Cost of Sale $200,000 $20,000
24-205-007-0005-00 448 Adams Ave 0.37 Cost of Sale $200,000 $20,000
24-205-068-0011-00 448 E ISABELLA AVE 0.11 Cost of Sale $200,000 $20,000
24-205-094-0002-00 449 Mclaughlin Ave 0.20 Cost of Sale $200,000 $20,000
24-205-045-0017-00 450 Orchard Ave 0.19 Cost of Sale $200,000 $20,000
24-205-148-0011-00 451 Erickson St 0.15 Cost of Sale $200,000 $20,000
24-205-044-0012-00 452 Oak Ave 0.20 Cost of Sale $200,000 $20,000
24-205-007-0004-00 456 Adams Ave 0.35 Cost of Sale $200,000 $20,000
24-205-079-0001-00 457 Catherine Ave 0.20 Cost of Sale $200,000 $20,000
24-205-044-0001-10 461 White Ave 0.20 Cost of Sale $200,000 $20,000
24-205-043-0012-00 462 White Ave 0.11 Cost of Sale $200,000 $20,000
24-205-149-0002-10 466 Erickson St 0.10 Cost of Sale $200,000 $20,000
24-205-156-0003-00 468 Ottawa St 0.07 Cost of Sale $200,000 $20,000
477 MCLAUGHLIN
24-205-093-0006-00 AVE 0.19 Cost of Sale $200,000 $20,000
24-205-066-0006-00 477 E Apple Ave 0.13 Cost of Sale $200,000 $20,000
24-205-041-0008-10 480 Oak Ave 0.11 Cost of Sale $200,000 $20,000
24-205-149-0004-00 486 Erickson St 0.09 Cost of Sale $200,000 $20,000
24-205-077-0009-00 488 Catherine Ave 0.11 Cost of Sale $200,000 $20,000
489 MCLAUGHLIN
24-205-093-0005-00 AVE 0.19 Cost of Sale $200,000 $20,000
24-205-066-0008-00 492 Ada Ave 0.19 Cost of Sale $200,000 $20,000
24-205-042-0007-10 492 White Ave 0.22 Cost of Sale $200,000 $20,000
24-205-347-0004-10 493 W Muskegon Ave 0.10 Cost of Sale $200,000 $20,000
24-205-430-0005-00 495 W Southern Ave 0.12 Cost of Sale $200,000 $20,000
24-205-069-0004-00 499 ADA AVE 0.19 Cost of Sale $200,000 $20,000
24-205-054-0004-00 499 Amity Ave 0.20 Cost of Sale $200,000 $20,000
24-205-066-0004-00 501 E APPLE AVE 0.21 Cost of Sale $200,000 $20,000
24-205-077-0010-00 502 Catherine Ave 0.16 Cost of Sale $200,000 $20,000
24-612-000-0620-00 502 Mary St 0.36 Cost of Sale $200,000 $20,000
24-205-041-0010-00 502 Oak Ave 0.20 Cost of Sale $200,000 $20,000
24-205-069-0009-00 502 E Isabella Ave 0.29 Cost of Sale $200,000 $20,000
24-205-022-0011-00 505 Alva St 0.19 Cost of Sale $200,000 $20,000
24-205-009-0009-00 509 Adams Ave 0.23 Cost of Sale $200,000 $20,000
24-205-020-0003-00 509 Mclaren St 0.46 Cost of Sale $200,000 $20,000
24-205-149-0008-00 509 Octavius St 0.20 Cost of Sale $200,000 $20,000
24-205-066-0010-00 510 ADA AVE 0.20 Cost of Sale $200,000 $20,000
24-205-080-0010-00 510 Mclaughlin Ave 0.20 Cost of Sale $200,000 $20,000
24-205-069-0010-00 510 E Isabella Ave 0.20 Cost of Sale $200,000 $20,000
24-205-057-0011-00 512 E Apple Ave 0.11 Cost of Sale $200,000 $20,000
24-205-041-0011-00 514 OAK AVE 0.20 Cost of Sale $200,000 $20,000
24-205-041-0012-00 518 Oak Ave 0.11 Cost of Sale $200,000 $20,000
24-205-159-0001-00 522 Ottawa St 0.19 Cost of Sale $200,000 $20,000
24-205-155-0010-00 523 Yuba St 0.22 Cost of Sale $200,000 $20,000
24-205-041-0013-00 528 Oak Ave 0.24 Cost of Sale $200,000 $20,000
24-205-042-0001-00 530 White Ave 2.15 Cost of Sale $200,000 $20,000
24-205-009-0012-00 532 Leonard Ave 0.27 Cost of Sale $200,000 $20,000
24-205-155-0009-00 535 Yuba St 0.17 Cost of Sale $200,000 $20,000
24-205-048-0001-10 539 Oak Ave 0.21 Cost of Sale $200,000 $20,000
24-205-155-0007-00 540 Yuba St 0.05 Cost of Sale $200,000 $20,000
24-612-000-0645-00 556 S Getty St 0.19 Cost of Sale $200,000 $20,000
24-612-000-0639-00 561 Mary St 0.19 Cost of Sale $200,000 $20,000
24-205-102-0016-00 576 E Dale Ave 0.20 Cost of Sale $200,000 $20,000
24-205-275-0009-00 58 E Grand Ave 0.13 Cost of Sale $200,000 $20,000
24-205-049-0016-30 586 ORCHARD AVE 0.15 Cost of Sale $200,000 $20,000
24-205-049-0016-40 594 Orchard Ave 0.15 Cost of Sale $200,000 $20,000
24-205-049-0011-10 595 Oak Ave 0.18 Cost of Sale $200,000 $20,000
24-205-160-0009-00 599 Yuba St 0.31 Cost of Sale $200,000 $20,000
24-205-064-0008-00 612 ADA AVE 0.14 Cost of Sale $200,000 $20,000
24-205-075-0005-00 613 E ISABELLA AVE 0.19 Cost of Sale $200,000 $20,000
24-767-000-0005-00 615 Mulder St 0.11 Cost of Sale $200,000 $20,000
24-205-040-0001-00 616 Oak Ave 4.15 Cost of Sale $200,000 $20,000
24-205-049-0007-00 617 Oak Ave 0.22 Cost of Sale $200,000 $20,000
24-205-052-0003-00 619 Amity Ave 0.45 Cost of Sale $200,000 $20,000
24-205-345-0006-10 621 W Muskegon Ave 0.10 Cost of Sale $200,000 $20,000
24-205-344-0001-00 625 W Muskegon Ave 0.21 Cost of Sale $200,000 $20,000
24-205-340-0001-20 625 W Webster Ave 0.06 Cost of Sale $200,000 $20,000
24-590-001-0016-00 628 Mulder St 0.30 Cost of Sale $200,000 $20,000
24-205-340-0002-00 631 W Webster Ave 0.09 Cost of Sale $200,000 $20,000
24-205-049-0005-00 635 Oak Ave 0.17 Cost of Sale $200,000 $20,000
24-205-340-0002-10 637 W Webster Ave 0.09 Cost of Sale $200,000 $20,000
24-205-040-0004-20 638 Oak Ave 0.17 Cost of Sale $200,000 $20,000
24-767-000-0011-00 641 Glen Ct 0.13 Cost of Sale $200,000 $20,000
24-205-082-0012-00 642 Mclaughlin Ave 0.20 Cost of Sale $200,000 $20,000
24-767-000-0001-00 643 Mulder St 0.11 Cost of Sale $200,000 $20,000
24-205-340-0003-00 643 W Webster Ave 0.09 Cost of Sale $200,000 $20,000
24-205-064-0012-00 644 Ada Ave 0.28 Cost of Sale $200,000 $20,000
24-205-033-0001-20 645 Wesley Ave 5.56 Cost of Sale $200,000 $20,000
24-205-340-0003-10 649 W Webster Ave 0.09 Cost of Sale $200,000 $20,000
24-205-168-0014-00 653 Yuba St 0.72 Cost of Sale $200,000 $20,000
24-205-015-0011-00 655 MARQUETTE AVE 0.13 Cost of Sale $200,000 $20,000
24-205-034-0001-00 655 MULDER ST 0.16 Cost of Sale $200,000 $20,000
24-205-064-0001-00 655 E Apple Ave 0.16 Cost of Sale $200,000 $20,000
24-205-340-0003-20 655 W Webster Ave 0.09 Cost of Sale $200,000 $20,000
24-205-340-0004-00 661 W Webster Ave 0.09 Cost of Sale $200,000 $20,000
24-205-015-0011-10 663 Marquette Ave 0.12 Cost of Sale $200,000 $20,000
24-205-340-0004-10 667 W Webster Ave 0.09 Cost of Sale $200,000 $20,000
24-205-340-0005-00 673 W Webster Ave 0.09 Cost of Sale $200,000 $20,000
24-590-002-0001-00 675 S Getty St 0.32 Cost of Sale $200,000 $20,000
24-205-340-0005-10 679 W Webster Ave 0.06 Cost of Sale $200,000 $20,000
24-205-414-0012-00 682 W Southern Ave 0.18 Cost of Sale $200,000 $20,000
24-205-016-0001-00 685 Marquette Ave 0.14 Cost of Sale $200,000 $20,000
24-205-340-0006-00 685 W Webster Ave 0.06 Cost of Sale $200,000 $20,000
24-205-411-0004-00 687 Washington Ave 0.25 Cost of Sale $200,000 $20,000
24-205-414-0004-00 689 W Grand Ave 0.38 Cost of Sale $200,000 $20,000
24-205-340-0006-10 691 W Webster Ave 0.08 Cost of Sale $200,000 $20,000
24-205-411-0013-00 692 W Grand Ave 0.26 Cost of Sale $200,000 $20,000
24-205-558-0001-40 710 Shoreline Dr 1.35 Cost of Sale $200,000 $20,000
24-205-043-0006-00 712 Wood St 0.10 Cost of Sale $200,000 $20,000
24-405-003-0002-00 716 Leonard Ave 0.17 Cost of Sale $200,000 $20,000
24-405-003-0004-00 720 Leonard Ave 0.17 Cost of Sale $200,000 $20,000
24-205-037-0001-01 723 Sumner Ave 0.29 Cost of Sale $200,000 $20,000
24-590-001-0011-00 725 Wesley Ave 0.23 Cost of Sale $200,000 $20,000
24-405-003-0005-00 730 Leonard Ave 0.17 Cost of Sale $200,000 $20,000
24-590-001-0021-00 730 MARCOUX AVE 0.11 Cost of Sale $200,000 $20,000
24-590-002-0010-00 733 MARCOUX AVE 0.27 Cost of Sale $200,000 $20,000
24-205-039-0006-50 741 S GETTY ST 0.78 Cost of Sale $200,000 $20,000
24-205-073-0008-00 748 CATHERINE AVE 0.20 Cost of Sale $200,000 $20,000
24-405-003-0007-00 750 Leonard Ave 0.17 Cost of Sale $200,000 $20,000
24-405-003-0010-00 760 Leonard Ave 0.17 Cost of Sale $200,000 $20,000
24-205-413-0014-00 766 W Southern Ave 0.20 Cost of Sale $200,000 $20,000
24-205-040-0011-20 768 Scott St 0.15 Cost of Sale $200,000 $20,000
24-205-001-0003-96 770 Access Hwy 0.50 Cost of Sale $200,000 $20,000
24-205-089-0026-00 776 Catawba Ave 0.14 Cost of Sale $200,000 $20,000
24-205-434-0001-00 791 W Southern Ave 0.20 Cost of Sale $200,000 $20,000
24-205-045-0009-00 802 Wood St 0.37 Cost of Sale $200,000 $20,000
24-442-000-0016-00 810 GRACE AVE 0.22 Cost of Sale $200,000 $20,000
24-205-045-0011-00 818 Wood St 0.31 Cost of Sale $200,000 $20,000
24-205-201-0012-00 821 Emerald St 0.08 Cost of Sale $200,000 $20,000
24-205-048-0007-00 822 Williams St 0.22 Cost of Sale $200,000 $20,000
24-205-191-0006-00 824 Cedar St 0.44 Cost of Sale $200,000 $20,000
828 W SOUTHERN
24-205-487-0012-00 AVE 0.23 Cost of Sale $200,000 $20,000
24-595-000-0044-00 839 Turner Ave 0.11 Cost of Sale $200,000 $20,000
24-612-000-0631-00 845 Ducey Ave 0.20 Cost of Sale $200,000 $20,000
24-665-000-0108-00 846 Wilson Ave 0.10 Cost of Sale $200,000 $20,000
24-205-203-0005-00 856 Emerald St 0.15 Cost of Sale $200,000 $20,000
24-612-000-0626-10 861 Marquette Ave 0.33 Cost of Sale $200,000 $20,000
24-595-000-0040-00 861 Turner Ave 0.10 Cost of Sale $200,000 $20,000
24-121-300-0066-00 873 STEVENS ST 0.13 Cost of Sale $200,000 $20,000
24-205-049-0019-70 874 Scott St 0.15 Cost of Sale $200,000 $20,000
24-250-000-0153-00 876 E Isabella Ave 0.13 Cost of Sale $200,000 $20,000
24-121-300-0116-00 877 Amity Ave 0.20 Cost of Sale $200,000 $20,000
24-205-047-0015-00 881 Scott St 0.16 Cost of Sale $200,000 $20,000
24-121-300-0049-00 892 Orchard Ave 0.20 Cost of Sale $200,000 $20,000
24-205-478-0014-00 900 W GRAND AVE 0.18 Cost of Sale $200,000 $20,000
24-205-189-0011-00 902 Pine St 0.38 Cost of Sale $200,000 $20,000
24-121-300-0062-00 907 Orchard Ave 0.17 Cost of Sale $200,000 $20,000
24-205-478-0004-00 909 Washington Ave 0.21 Cost of Sale $200,000 $20,000
24-250-000-0157-00 912 E ISABELLA AVE 0.25 Cost of Sale $200,000 $20,000
24-665-000-0269-00 912 W HACKLEY AVE 0.20 Cost of Sale $200,000 $20,000
24-205-053-0004-10 914 SCOTT ST 0.10 Cost of Sale $200,000 $20,000
24-205-054-0014-00 919 Scott St 0.20 Cost of Sale $200,000 $20,000
24-205-210-0001-00 923 Emerald St 0.10 Cost of Sale $200,000 $20,000
24-170-000-0012-00 929 E FOREST AVE 0.14 Cost of Sale $200,000 $20,000
24-202-000-0018-00 942 AURORA AVE 0.14 Cost of Sale $200,000 $20,000
24-612-000-0575-00 982 Ducey Ave 0.36 Cost of Sale $200,000 $20,000
TOTALS 174.71 $153,500,000.00 $14,557,000.00
505 Total Properties
Eligible Activities, Financing, Cost of Plan (Sec. 13(1) (a) (b) (c) (d) (g))
Eligible activities include cost of sale, demo & abatement, public infrastructure and brownfield
plan preparation and development (see chart below).
Eligible Activities Chart
Eligible Activity Cost
Cost of Sale $14,557,000
Demo & Abatement $2,000,000
Public Infrastructure $777,000
Brownfield Plan Preparation and Development $20,000
Sub-total $17,354,000
Contingency (15%) $2,603,100
Total Eligible Activities to be paid under this Plan $19,957,100
The eligible activities described above will occur on the Property and are further described as follows:
1. Cost of Sale: If the sale of a home results in a loss to the developer, the difference between the
cost of construction and the sale price is considered the cost of sale or a seller concession. Some
of these concessions could come from title work, acquisition costs and selling costs. For this Plan,
it is anticipated that each home may result in the loss of $20,000 per unit.
2. Demo & Abatement: The cost to demolish the property and return it to a developable state,
which may include lead and asbestos abatement.
3. Public Infrastructure: The cost to construct public infrastructure like alleys and water/sewer lines.
4. Brownfield Plan Preparation and Development: Costs incurred to prepare and develop this
brownfield plan, as required per Act 381 of 1996, as amended.
It is intended that the above eligible activities will be reimbursed with interest at 5%.
Effective Date if Inclusion in the Brownfield Plan
The amended Infill Housing Project was added to this Plan on ____________, 2021 and will be amended
accordingly upon adoption of this Plan Amendment.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 12/14/2021 Title: Lakeside Corridor Improvement
Authority Development and TIF Plan Public
Hearing
Submitted By: Jake Eckholm Department: Development Services
Brief Summary: The Lakeside Corridor Improvement Authority has reviewed and approved the
attached Development and TIF Financing Plan, which must also be approved by the local unit of
government.
Detailed Summary:
The Lakeside BID/CIA has completed a review of their Development and TIF Financing Plan,
which lays out project priorities for the funds collected through TIF and other eligible means. Per
Public Act 57 of 2018, it must be approved by the local unit after a public hearing is held, and other
taxing jurisdictions are noticed. From here the plan is filed with the State and said taxing
jurisdictions have 60 days from plan approval to opt out. The proposed plan reflects funds with no
school tax capture, but no opt outs from other taxing jurisdictions.
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 close the public hearing and approve the Lakeside Corridor
Improvement Authority Development and TIF Financing Plan as presented.
For City Clerk Use Only:
Commission Action:
LAKESIDE
CORRIDOR IMPROVEMENT AUTHORITY
DEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN
AS RECOMMENDED BY THE LAKESIDE CORRIDOR IMPROVEMENT AUTHORITY ON:
APPROVED BY THE MUSKEGON CITY COMMISSION ON:
INTRODUCTION
General Overview
In 2005, the Michigan legislature enacted Public Act 280, the Corridor Improvement Authority Act,
allowing cities, villages, and townships to create an authority to:
“correct and prevent deterioration in business districts; to encourage historic preservation; to authorize
the acquisition and disposal of interests in real and personal property; to authorize the creation and
implementation of development plans and development areas in the districts; to promote the economic
growth of the districts; to create a board; to prescribe the powers and duties of the board; to authorize
the levy and collection of taxes; to authorize the issuance of bonds and other evidences of
indebtedness; to authorize the use of tax increment financing; to prescribe powers and duties of certain
state officials; to provide for rule promulgation; and to provide for enforcement of the act.”
This act was repealed in 2018, and recodified with the passage of Public Act 57 of 2018. Since the
adoption of PA 280 in 2005, many local governments have used a Corridor Improvement District (CID) to
stimulate economic revitalization of commercial corridors in transition within their community. A
Corridor Improvement Authority (CIA) Board is established to create a development plan for a
previously‐established Corridor Improvement District (CID). The plan outlines improvements to public or
private properties that will prevent further deterioration of property values within the district and
encourage new investment. Development plans may be funded by tax increment financing, private or
corporate donations, and other grants.
The CIA is able to make ongoing strategic investments within the district by using tax increment
financing. Through tax increment financing, a portion of the increase in annual property tax revenue
resulting from the economic growth and development to facilities, structures or improvements within a
development area is reinvested in the corridor and used for infrastructure improvements and facilities
enhancement. This investment thereby reinvigorates the development area and facilitates further
economic growth and redevelopment. The justification for capturing future tax increment is that new
investment would have been restrained within the district without the establishment of the CID;
therefore no taxes are lost by the interested taxing jurisdictions for projects not brought to fruition.
Additionally, the physical public space improvements that are made along the designated corridor have
a direct benefit to the surrounding properties and the potential taxable value of such.
Powers of the Authority
Detailed powers of the Corridor Improvement Authority board are listed below per 125.2881 Section 11
(1) of PA 280:
(a) Prepare an analysis of economic changes taking place in the development area.
(b) Study and analyze the impact of metropolitan growth upon the development area.
(c) Plan and propose the construction, renovation, repair, remodeling, rehabilitation, restoration,
preservation, or reconstruction of a public facility, an existing building, or a multiple‐family dwelling unit
which may be necessary or appropriate to the execution of a plan which, in the opinion of the board,
aids in the economic growth of the development area.
(d) Plan, propose, and implement an improvement to a public facility within the development area to
comply with the barrier free design requirements of the state construction code promulgated under the
Stille‐DeRossett‐Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531.
(e) Develop long‐range plans, in cooperation with the agency that is chiefly responsible for planning in
the municipality, designed to halt the deterioration of property values in the development area and to
promote the economic growth of the development area, and take steps as may be necessary to
persuade property owners to implement the plans to the fullest extent possible.
(f) Implement any plan of development in the development area necessary to achieve the purposes of
this act in accordance with the powers of the authority granted by this act.
(g) Make and enter into contracts necessary or incidental to the exercise of its powers and the
performance of its duties.
(h) On terms and conditions and in a manner and for consideration the authority considers proper or for
no consideration, acquire by purchase or otherwise, or own, convey, or otherwise dispose of, or lease as
lessor or lessee, land and other property, real or personal, or rights or interests in the property, that the
authority determines is reasonably necessary to achieve the purposes of this act, and to grant or acquire
licenses, easements, and options.
(i) Improve land and construct, reconstruct, rehabilitate, restore and preserve, equip, improve, maintain,
repair, and operate any building, including multiple‐ family dwellings, and any necessary or desirable
appurtenances to those buildings, within the development area for the use, in whole or in part, of any
public or private person or corporation, or a combination thereof.
(j) Fix, charge, and collect fees, rents, and charges for the use of any facility, building, or property under
its control or any part of the facility, building, or property, and Development and Tax Increment
Financing Plan. The Lakeside Corridor Improvement Authority pledge the fees, rents, and charges for the
payment of revenue bonds issued by the authority.
(k) Lease, in whole or in part, any facility, building, or property under its control.
(l) Accept grants and donations of property, labor, or other things of value from a public or private
source.
(m) Acquire and construct public facilities.
(n) Conduct market research and public relations campaigns, develop, coordinate, and conduct retail
and institutional promotions, and sponsor special events and related activities.
(o) Contract for broadband service and wireless technology service in a development area.
Notwithstanding any other provision of this act, in a qualified development area the board may, in
addition to the powers enumerated in subsection (1), do 1 or more of the following:
(a) Perform any necessary or desirable site improvements to the land, including, but not limited to,
installation of temporary or permanent utilities, temporary or permanent roads and driveways, silt
fences, perimeter construction fences, curbs and gutters, sidewalks, pavement markings, water systems,
gas distribution lines, concrete, including, but not limited to, building pads, storm drainage systems,
sanitary sewer systems, parking lot paving and light fixtures, electrical service, communications systems,
including broadband and high‐speed Internet, site signage, and excavation, backfill, grading of site,
landscaping and irrigation, within the development area for the use, in whole or in part, of any public or
private person or business entity, or a combination of these.
(b) Incur expenses and expend funds to pay or reimburse a public or private person for costs associated
with any of the improvements described in subdivision (a).
(c) Make and enter into financing arrangements with a public or private person for the purposes of
implementing the board's powers described in this section, including, but not limited to, lease purchase
agreements, land contracts, installment sales agreements, sale leaseback agreements, and loan
agreements.
Background and Need for the Plan
The City of Muskegon City Commission adopted Resolution Number ________ on March 9th, 2021 after
conducting a formal public hearing on October 27th, 2020. That ordinance legally formed the Lakeside
Corridor Improvement District and the Corridor Improvement Authority. On__________, the City
Commission appointed members to the Lakeside Corridor Improvement Authority board. In the
ordinance establishing the Authority, it was determined that a CIA was necessary to:
(a) Correct and prevent deterioration within the business district
(b) Stimulate property reinvestment
(c) Promote economic growth
The specific goals of the CIA are to:
(a) Encourage the recruitment and retention of businesses and employment
(b) Increase accessibility to the businesses in the corridor
(c) Improve the overall business climate of the district and deter economic decline
(d) Expand the tax base for the district and for the city
(e) Enhance the visual aspects of the district while preserving its unique qualities
Plan Development Process
As development and reinvestment opportunities thrive in the Lakeside corridor, stakeholders have
prioritized forward thinking efforts in order to maintain the commercial identity and vision, and preserve
the residential neighborhoods that envelope this area. Through the establishment of a Corridor
Improvement District (CID) the district now has the potential to provide sustainable revenue support for
public improvements and marketing and promotional objectives to help achieve these goals. A Lakeside
Business Improvement District (BID) was approved by the Commission and a Special Assessment was
passed to meet some of these goals in the short term, with the intention that that TIF capture of the CIA
would eventually supplant these funds. This team which was led by business owners and community
stakeholders began meeting many years ago as the Lakeside District Association, and has since met on a
monthly basis effectively executing the BID legislative process with the city of Muskegon with city staff
support. This Development and Tax Increment Financing Plan was developed with assistance from City
of Muskegon Economic Development Staff in order to lay groundwork for the improvement projects and
services that the Lakeside corridor has been working towards for several years. The LDA has assisted in
recruiting BID Board members that have also been appointed as the CIA Board, and these board
members have assisted the city in reaching many stakeholders in the corridor through public hearings
and meetings to confirm the necessary projects for this CID.
DEVELOPMENT AND TAX INCREMENT FINANCING PLAN
The Lakeside Corridor Improvement Authority’s stakeholder feedback suggests that a safe and thriving
neighborhood commercial center can continue in part through the creation of a tax increment financing
district which would be structured to provide economic resources to improve and maintain public
infrastructure, correct and prevent deterioration, and promote neighborhood aligned economic growth.
A Lakeside Corridor Improvement District Proposal was drafted and a request to create a Corridor
Improvement Authority was delivered to the Muskegon City Commission in November of 2019. The
resolution to create the CID was approved by the City Commission in February of 2021 and the CIA was
appointed in March. The following Development Plan and Tax Increment Financing Plan is a direct result
from stakeholder involvement in district revitalization plans that span the past three years.
Development Plan Benefits of the Corridor Improvement District and Authority
The Lakeside Corridor Improvement Authority recognizes the benefits of commercial property
redevelopment to the district and to the City of Muskegon. This formal Development Plan is to be used
to outline the priorities and goals of the Authority. The Lakeside Corridor Improvement District Proposal
and request to create a Corridor Improvement Authority states that a CID:
(a) Utilizes Tax Increment Financing (TIF) to complete public improvement projects according to the
approved TIF plan while leveraging other dollars such as earned income and private, state, federal and
philanthropic monies for district improvements
(b) Generates a clear plan to improve the district, implemented by an empowered neighborhood
stakeholder‐government partner framework – a proven national method for success
(c) Creates access to additional programs and incentives to businesses such as special approval of liquor
licenses within city development districts
(d) Establishes a collaborative environment which fosters business investment from existing
entrepreneurs and attracts complementary new business growth
(e) Encourages job creation, which produces more jobs for neighborhood residents and generates
additional personal income tax revenue
(f) Encourages surrounding property improvements, increasing values of neighboring properties thus
generating more property tax revenue
(g) Promotes greater interest in mixed‐use development, broadening business location and residential
housing options and increasing the tax base
(h) Brings more people into the district to shop for goods and services, thus generating more repeat
customers for neighborhood businesses and increasing sales tax revenue
(i) Stimulates new commercial development in a neighborhood where additional private sector
investment opportunity exists
(j) Improves the climate of community and economic development for residents and businesses alike
(k) Contributes to a healthy neighborhood which has the potential to decrease crime or the perception
of crime, and increase public safety
(l) Creates an improved commercial core and public space that is appealing to neighborhood residents
encouraging “pride in place” and visitor attraction
(m) Retains and empowers residents who can access jobs, goods and services in a walkable or transit
oriented neighborhood
(n) Creates an outreach and coordination mechanism at the neighborhood level for City‐ financed
projects
(o) Creates a public‐private partnership with the City that enhances community neighborhood input to
improve the district
Legal Basis of the Plan
This Development Plan and Tax Increment Financing Plan is prepared pursuant to the requirements of
Sections 18 and 21 of the Corridor Improvement Authority Act, Public Act 280 of 2005, as amended. It
addresses the geographic area of the Corridor Improvement District as established by the City
Commission. A descriptive map, resolution establishing the CID and forming the CIA, including the legal
description describing the CID, are contained in the appendices.
Development Plan Requirements
This section of the Development Plan provides specific information required in Section 621 of the
Corridor Improvement Authority Act section of PA 57. It consists of information requested in
subsections 2(a) through 2(r).
Section 621. 2(a) the designation of boundaries of the development area in relation to highways, streets,
streams, or otherwise.
The CIA is the same as the boundary established by City Commission Resolution Number ___ adopted
on March 9th, 2021 and with the proposed area encompassing all contiguous real properties along the
major commercial corridor on Lakeshore Drive and Robinson Street to Clifford Street. A copy of the
boundary map is contained in the approved resolution in the Appendices.
Section 621. 2(b) The location and extent of existing streets and other public facilities within the
development area, designating the location, character, and extent of the categories of public and private
land uses then existing and proposed for the development area, including residential, recreational,
commercial, industrial, educational, and other uses and shall include a legal description of the
development area.
The CIA boundary is the same as the boundary established by City Commission Resolution Number
_____ adopted on March 9th 2021. The percentage of real property by classification located within the
proposed area as registered by the City Assessor is 61.4%% Commercial, 23.6% Residential, and 15.0%
Institutional/Waterfront Marine. The legal description as approved on the City Commission Resolution is
as follows:
ALL PARCELS ABUTTING OR ACCESSED BY LAKESHORE DRIVE ORIGINATING AT CLIFFORD STREET
AND CONTINUING EASTWARD TO ROBINSON STREET LOCATED IN THE CITY OF MUSKEGON
REVISED PLAT OF 1903.
See district parcel list and resolution in Appendices.
Section 621. 2(c) A description of improvements to be made in the development area to be demolished,
repaired, or altered, a description of any repairs and alterations, and an estimate of the time required for
completion.
A description of specific improvement projects that are contemplated within the development area is
contained in the project schedule and budget at the end of this section. The cost and time estimates
included in the project schedule and budget are for estimate purposes only and may be revised by the
Authority Board at any time without amending this Plan.
Section 621. 2(d) The location, extent, character, and estimated cost of the improvements including
rehabilitation contemplated for the development area and an estimate of the time required for
completion.
A description, including location, cost estimate and schedule of implementation, for each improvement
project that will be completed within the area is contained in the project schedule and budget at the
end of this section. The cost and time estimates included in the project schedule and budget are
estimates only and may be revised by the Authority Board at any time without amending this Plan.
Section 621. 2(e) A statement of the construction or stages of construction planned, and the estimated
time of completion of each stage.
A description, including cost estimate and implementation schedule for each specific improvement
project that will be completed within the area is contained in the project schedule and budget at the
end of this section. The time estimates included in the project schedule are estimates only and may be
revised by the Authority Board at any time without amending this Plan.
Section 621. 2(f) A description of any parts of the development area to be left as open space and the use
contemplated for the space.
This plan contemplates the maintenance of existing pocket parks, and the enhancement of public
parking lots and bus shelters, etc. Tables on subsequent pages include the project descriptions.
Section 621. 2(g) A description of any portion of the development area which the authority desires to sell,
donate, exchange, or lease to or from the municipality and proposed terms.
A description, including real estate contemplated for acquisition and/or disposition (including cost
estimates, terms and schedule for implementation) for each specific improvement contemplated within
the development area is contained in the project schedule and budget at the end of this section. There
is no known or identified property or real estate as of the adoption of this Plan that is necessary to
complete the improvements set forth in this Plan. However, the CIA may wish to sell, donate, exchange,
or lease property in the future. The Authority board reserves the right to sell, donate, exchange or lease
property in the future to the extent determined necessary by the Authority board without further
amendment to this Plan.
Section 621. 2(h) A description of desired zoning changes and changes in streets, street levels,
intersections, traffic flow modifications, or utilities.
Zoning changes, street layout adjustments, street level modifications, intersection and utilities changes
are not contemplated at this time, except as may be proposed in the project schedule and budget at the
end of this section.
Section 621. 2(i) An estimate of the cost of the development, a statement of the proposed method of
financing the development, and the ability of the authority to arrange financing.
A description, including cost estimate for individual projects and method of financing is contained in the
project schedule and budget at the end of this section. The total cost of completing all activities, projects
and improvements proposed by the Authority Development Plan and to be undertaken and financed by
the Authority is estimated to be $1,250,000, not including administrative expenses, inflationary costs,
and, contingencies. A breakdown of the estimated cost and estimated schedule for completion for each
of those activities and projects is set forth in the project schedule and budget at the end of this section.
The scope of the items and improvements and the projected schedule for completion for those items
and improvements described in this Plan are estimates only and may be revised from time to time by
the Authority board without amending this Plan; provided, however, that such items and improvements
must be completed within the term of this Plan, unless the term is amended in accordance with Act 280.
Further, estimated costs for any items or improvements may be increased or decreased by the Authority
Board without amending this Plan based upon then‐ current pre‐construction or pre‐bid estimates of
cost, as well as revised estimates of cost resulting from the receipt of bids. All operating and planning
expenditures of the Authority and the City, as well as all advances extended by or indebtedness incurred
by the City or other parties for improvements identified above that have been completed, are in
progress, or yet to be completed, are expected to be repaid from tax increment revenues. The Authority
expects to finance these activities from any one or more of the following sources:
- Future tax increment revenues
- Interest on investments
- Donations received by the Authority
- Proceeds from State and Federal Grants
- Proceeds from any property building or facility that may be owned, leased, licensed, operated or
sold by the Authority
- Public and private foundation grants
- Fees, sponsorships, or memberships
- Other sources as may be approved by the City Commission
The proceeds to be received from tax increment revenues in the CID plus the availability of funds from
other authorized sources will be sufficient to finance all activities and improvements to be carried out
under this Plan.
Section 621. 2(j) Designation of the person or persons, natural or corporate, to whom all or a portion of
the development is to be leased, sold, or conveyed in any manner and for whose benefit the project is
being undertaken, if that information is available to the authority.
Information concerning the names of persons for whom benefits may accrue is unknown at this time as
final development plans and projects have yet to be prepared. Therefore, such information is
unavailable.
Section 621. 2(k) The procedure for bidding for the leasing, purchasing, or conveying in any manner of all
or a portion of the development upon its completion, if there is no express or implied agreement
between the authority and persons, natural or corporate, that all or a portion of the development will be
leased, sold or conveyed to these persons.
The CIA Board has no publicly announced commitments for the leasing or sale of property as it has no
property under supervisory responsibility of the CIA at this time. The CIA in conjunction with the City
Commission may discuss policies to explore acquisition of tax reverted property should properties within
the Corridor Improvement District become available for acquisition by the City through tax reversion
procedures. It is not a priority of the CIA to acquire private property unless it advances a public
improvement project or is necessary for economic development purposes. Any property acquired or
held by the CIA, to be sold, leased, or otherwise conveyed to private development interests shall be
sold, leased, or otherwise conveyed in accordance with local municipal policy, terms, and conditions to
be established by the CIA, and state law, if applicable. At the time of the adoption of this Plan, no private
parties have been identified to whom land for redevelopment will be sold, leased, or otherwise
conveyed; however, the CIA may convey such property to presently undetermined private parties for
redevelopment for appropriate uses.
Section 621. 2(l) Estimates of the number of persons residing in the development area and the number of
families and individuals to be displaced. If occupied residences are designated for acquisition and
clearance by the authority, a development plan shall include a survey of the families and individuals to be
displaced, including their income and racial composition, a statistical description of the housing supply in
the community, including the number of private and public units in existence or under construction, the
condition of those in existence, the number of owner‐occupied and renter‐occupied units, the annual rate
of turnover of the various types of housing and the range of rents and sale prices, an estimate of the
total demand for housing in the community, and the estimated capacity of private and public housing
available to displaced families and individuals.
No relocation of families or individuals is anticipated within the scope of the proposed Development
Plan or Tax Increment Financing Plan.
Section 621. 2(m) A plan for establishing priority for the relocation of persons displaced by the
development in any new housing in the development area.
No relocation of families or individuals is anticipated within the scope of the proposed Development
Plan or Tax Increment Financing Plan.
Section 621. 2(n) Provision for the costs of relocating persons displaced by the development, and
financial assistance and reimbursement of expenses, including litigation expenses and expenses
incidental to the transfer of title, in accordance with the standards and provisions of the uniform
relocation assistance and real property acquisition policies act of 1970, Public Law 91‐646, 84 Stat. 1894.
No relocation of families or individuals is anticipated within the scope of the proposed Development
Plan or Tax Increment Financing Plan.
Section 621. 2(o) A plan for compliance with 1972 PA 227, MCL 213.321 to 213.322.
No relocation of families or individuals is anticipated within the scope of the proposed Development
Plan or Tax Increment Financing Plan.
Section 621. 2(p) The requirement that amendments to an approved development plan and tax
increment plan must be submitted by the authority to the governing body for approval or rejection.
In accordance with Act 57, the Authority reserves the right to amend this Plan to add new improvement
projects, add additional parcels, extend the duration of the Plan, or for other lawful purposes. Any
amendments to the Plan shall be approved by the Authority and the City Commission in accordance with
the requirements of Act 57.
Section 621. 2(q) A schedule to periodically evaluate the effectiveness of the development plan.
An annual report shall be submitted to each entity for which taxes are captured addressing use of CIA
funds during the past fiscal year, implementation status of the program of work set forth in the
Development Plan and proposed CIA activities for the ensuing year. Any changes from this Development
Plan will be addressed and approved by action of the City Commission as part of this annual review of
CIA activities. Amendments to the Development Plan and Tax Increment Financing Plan would be
completed in compliance with notification and public hearing procedures of Section 22 prior to action of
the City Commission.
Section 621. 2(r) Other material which the authority, local public agency, or governing board considers
pertinent.
This Development Plan contemplates the use of tax increment financing. City Commission Resolution
______ established the Lakeside Corridor Improvement District as a qualified development area as
defined by Section 605 of the Corridor Improvement Authority Act section of PA 57 of 2018, as
amended. Pursuant to Section 608 (3) and this Plan, the CIA may enter into agreements with the taxing
jurisdictions levying ad valorem property taxes that would otherwise be subject to capture to exempt
these taxes from capture, in whole or in part. A tax levy approved by the electors of the taxing unit
levying the tax (i) for the sole purpose of repaying bonds, notes or other debt identified in the ballot
proposal, (ii) for a specified purpose other than the payment of general operating expenses and for a
specific time period identified in the ballot proposal, provided, the levying of the tax has not resulted in
the reduction of the taxing unit’s general operating millage except to the extent such reduction is
required by the State Constitution or statutory requirements, and (iii) for use to pay for specific capital
improvements and for a specific time period identified in the ballot proposal, provided, the levying of
the tax has not resulted in the reduction of the taxing unit’s general operating millage except to the
extent such reduction is required by the State Constitution or statutory requirements shall be exempt
from the capture of tax increment revenues, provided, however, in the case of an elector approved
renewal of a tax levy that was subject to capture on the effective date of this Plan Amendment and
which would be exempt from capture as provided above, only the portion of the tax levy above the
previously approved levy is exempt from the capture of tax increment revenues.
Development and Tax Increment Financing Plan Schedule and Budget
The duration of this plan is a 30‐year period. On the following pages specific projects addressing CIA
goals are described. Each project includes estimated costs and time of completion. The schedule begins
in the year 2021 and ends in the year 2051. Projects have been listed based on estimated time of
completion.
Intent to Update and Extend Duration or Terminate Plan
On or before the year 2051, the Authority will consider action to update and extend the duration of the
Development Plan and Tax Increment Financing Plan or make recommendations to terminate the Plan
and rescind City Resolution ______ creating the Authority. Rescission of the resolution would dissolve
the Authority and eliminate the accompanying tax increment financing district; provided, however, that
in accordance with Act 57, the Authority shall not be dissolved if there is outstanding indebtedness of
the Authority.
Reimbursement of Excess Tax Capture
If CIA revenues exceed the anticipated needs of all projects listed in the Development Plan and budget,
excess revenue shall be revert proportionately to the respective taxing bodies.
Project Descriptions
This Development and Tax Increment Financing Plan arranges projects in the four categories used by the
National Main Street Model (Design, Economic Restructuring, Organization, and Promotions/Marketing)
and provides for a general timeframe for completion.
Design
Design enhances the character of the corridor through physical change. Access to the local businesses in
the corridor is critical to community stakeholders. Stakeholders have identified exploring how to
incorporate new solutions to ensure that businesses can be reasonably accessed and patronized year-
round important projects. Furthermore, the physical aesthetics along Lakeshore Drive as related to
pedestrians and others were reported as being important to stakeholders. There is a current measured
lack of maintenance to new public greenery, trees, and public spaces in many areas along the
commercial corridor. Walkability/street crossing in the district is a challenge at times due to the auto‐
oriented infrastructure and high traffic volume, especially in warmer months. Stakeholders would like to
see an inviting district that is a destination place for newcomers and a welcome resource to those
already living in the neighborhood.
Economic Restructuring
Economic Restructuring affirms the main business district corridor as the commercial core of the
surrounding community. Code enforcement, filling vacant buildings, façade improvement, and property
infill development on vacant parcels are essential to a healthy district. Strong businesses and a healthy
business mix are also critical. Stakeholders would like to see business assistance programs and possibly a
revolving micro‐loan fund in place to assist with this effort. They believe that offering business
incentives is one key element to attracting new business and development to the district. The other
important factor being promotion of the amazing economic opportunity that can be found if new
investments make Lakeshore Drive a priority for their new business or development projects.
Organization
Organization ensures the health of the overall collaborative program and establishes it as leader of the
commercial corridor revitalization through fundraising and volunteer development. Organizational
activities can be carried out by the Corridor Improvement Authority.
Promotions/Marketing
Promotions will establish the commercial corridor as the social center of the near residential
neighborhoods and strengthen the corridors’ image. Some have suggested that the corridor offers a
distinct daytime and evening or weekend consumer experience. Limited marketing is currently
happening along the corridor that is primarily conducted via an annual pamphlet and social media.
There are also some limited joint sales and events at designated seasons or holidays. Discussion has
already taken place in coordinating all the many separate efforts of individual businesses and promoting
the vibrant Lakeside corridor as a whole in a more impactful way. Lakeside businesses currently lack the
funding and stability necessary for sustainable collaborative events and marketing. Proactively and
regionally marketing a district is essential to draw a diverse customer base, help businesses thrive and
create a unique gathering place for residents and visitors. It has been stressed by neighborhood
stakeholders many times over that a comprehensive strategy should be developed and implemented to
assist in creating a thriving Lakeside-specific identity to serve both residents and the many visitors that
are in the district on a daily basis.
Planned Development Projects
The following tables summarize the various projects and activities proposed, including an estimated cost
and completion date for each. As noted previously, the costs and completion dates are estimates only
and are subject to change without further amendment to this Plan. These dates and estimates may vary
because of private investment decisions, financing opportunities, market shifts or other factors.
TABLE 1: Anticipated Projects in DESIGN
Project Estimated Cost Estimated Completion Date
Purchase and install seasonal
elements (banners, $30,000 2022-2023
decorations)
Seasonal Snow Removal on
$900,000 2022-2051
Sidewalks and Public Parking
Public Landscaping
$100,000 2022-2051
Maintenance/Improvement
TABLE 2: Anticipated Projects in ECONOMIC RESTRUCTURING
Project Estimated Cost Estimated Completion Date
Compile and maintain business
$30,000 2022-2051
inventory
Façade Grant Program $300,000 2031-2051
Purchase/Rehab/Demo of
$250,000 2051
Vacant/Blighted Properties
Develop Micro-Loan Revolving
$100,000 2051
Fund
TABLE 3: Anticipated Projects in ORGANIZATION
Project Estimated Cost Estimated Completion Date
Increase Communication of CIA
$30,000 2022-2051
Activities
Invest in Board Member
$10,000 2022-2051
Training
TABLE 4: Anticipated Projects in PROMOTIONS/MARKETING
Project Estimated Cost Estimated Completion Date
Pursue Branding Plan with
$15,000 2023
Existing Logo
Create and Maintain a Social
$25,000 2022-2051
Media and Online Presence
Plan Special Events and Festivals
$100,000 2022-2051
Unique to the District
Pursue Cooperative Advertising $15,000 2022-2023
Sources of Financing
The CIA expects to finance these activities from one or more of the following sources:
- Future tax increment revenues
- State or Federal grants
- Interest on investments
- Public and private foundation grants
- Fees, sponsorships, or memberships
- Donations received by the CIA
- Proceeds from any property, building or facility owned, leased or sold by the CIA
- Moneys obtained through development agreements with property owners benefiting from
organizing activities listed in the plan and other public improvements
- Moneys obtained from other sources approved by the Muskegon City Commission
The revenue to be received from tax increment financing in this Development Area plus the availability
of funds from other authorized sources will be sufficient to finance the activities and improvements to
be carried out under this Plan.
Tax Increment Financing Plan
This Tax Increment Financing Plan is established to make possible the financing of all or a portion of the
costs associated with the activities and projects contained in the previous Development Plan for the
Lakeside Corridor Improvement District
PA 57 requires the CIA to address three legislative requirements in the Tax Increment Financing Plan.
These provide information about funds anticipated to be received by the CIA and its impact upon taxing
jurisdictions. These requirements are found in Section 618(3) of the Act and states that “if the authority
determines that it is necessary for the achievement of the purposes of this act, the authority shall
prepare and submit a tax increment financing plan to the governing body of the municipality. The plan
shall include a development plan as provided...” Specifically, the Tax Increment Financing Plan must
include, pursuant to Section 618 of the Act:
1. A detailed explanation of the tax increment procedure,
2. The maximum amount of bonded indebtedness to be incurred, and
3. The duration of the program.
1. Detailed explanation of the Tax Increment Financing Procedure
The Recodified Tax Increment Financing Act of 2018, as amended, authorizes tax increment financing
(TIF). TIF makes it possible for a district to essentially capture tax revenues that are derived from the
increase in value of property, which has benefitted from development projects within said district. The
revenue is used to finance further development within the district. The Lakeside CIA has determined
that, in order to finance the activities and projects set forth in the Development Plan; a tax increment
financing plan must be adopted. The theory of utilizing TIF is that tax revenue will increase within a
district where redevelopment is taking place. That increase in development will generate an increase in
the tax revenues within that district. Therefore, it is appropriate to use this increase in tax revenue to
reinvest into the district to encourage continued development efforts. The tax increment financing
procedure as outlined in PA 57 requires the adoption by the City, by resolution, of a Development Plan
and a Tax Increment Financing Plan. Following the adoption of that resolution, the city and county
treasurers are required by law to transmit to the CIA that portion of the tax levy of all taxing bodies paid
each year on the “Captured Assessed Value of all real and personal property located in the Development
Area.” The tax amounts to be transmitted are hereinafter referred to as “Tax Increment Revenue”. The
“Captured Assessed Value” is defined by the Act as “the amount in any 1 year by which the current
assessed value of the project area, including the assessed value of property for which specific local taxes
are paid in lieu of property taxes … exceeds the initial assessed value…” The “initial assessed value” is
defined by the Act as the “assessed value, as equalized, of all the taxable property within the boundaries
of the Development Area at the time the resolution establishing the tax increment financing plan is
approved, as shown by the most recent assessment roll of the municipality for which equalization has
been completed at the time the resolution is adopted…” It is the goal of the CIA to use the captured
assessed value in the development district for the number of years necessary to complete the projects
outlined in the Development Plan. The CIA shall submit a report on the tax increment financing account
showing the revenue received and the amount and purpose of expenditures from the account. Reports
will also be required showing the initial assessed value of the development district and the amount of
captured assessed value retained by the CIA. The report shall be submitted to the Muskegon City
Commission and contain such additional information as the City Commission deems necessary. An
opportunity will be made available to the County Board of Commissioners and other taxing jurisdictions
to meet with the City Commission to discuss the fiscal and economic implications of the proposed
financing and development plans. The governing body may abolish the tax increment financing plan
when it finds that the purpose for which it was established is accomplished.
2. The maximum amount of bonded indebtedness to be incurred
According to the Development Plan, the CIA does not anticipate bonding. Below is the current financial
position of the Lakeside CIA.
Description of Current Financial Position Current Assets: The Lakeside CIA fund balance at the time of
preparation of this analysis is $0.00. The Lakeside BID will operate concurrently at the onset of the CIA,
and share a common board. This entity may have funding available prior to significant TIF revenue
generation to commit to projects highlighted in the Development Plan. Additionally, the non-profit
Lakeside District Association has some funding available to assist in projects, pursuant to their board
approval.
Anticipated Revenue: The proposed tax increment financing district contains 104 individual real
properties, according to public records of the Muskegon County Equalization Department. The 2021
taxable value for all properties is $6,594,883. This is the initial assessed value to which all future
assessments will be compared to determine the tax capture for the district. A detailed table listing
projected revenue for the 30‐year period is included in the appendices. Additional sources of funding
may be leveraged from time to time.
Expenses: The CIA will be responsible for accommodating all expenses for each project as prioritized
from the Development Plan using TIF funding.
3. Duration of the CIA and Tax Increment Financing District
This Tax Increment Financing Plan establishes a budget for a 30‐year period. This is reflected in the
previous Development Plan’s projects estimated completion dates, Tables 1 through 4.
1
PIN Nu Prop_Combined_Address Prop_City Prop_State Prop_Zip TV_MBOR
61-24-035-200-0001-00 241654 LAKESHORE DR MUSKEGON MI 49441 $0
61-24-205-529-0001-00 241577 LAKESHORE DR MUSKEGON MI 49441 $47,315
61-24-205-529-0002-00 241583 LAKESHORE DR MUSKEGON MI 49441 $33,483
61-24-205-529-0003-00 241587 LAKESHORE DR MUSKEGON MI 49441 $47,959
61-24-205-529-0004-00 241595 LAKESHORE DR MUSKEGON MI 49441 $48,756
61-24-205-530-0001-00 241605 LAKESHORE DR MUSKEGON MI 49441 $85,879
61-24-205-530-0002-00 241615 LAKESHORE DR MUSKEGON MI 49441 $32,949
61-24-205-530-0003-00 241621 LAKESHORE DR MUSKEGON MI 49441 $24,712
61-24-205-530-0003-10 241623 LAKESHORE DR MUSKEGON MI 49441 $34,190
61-24-205-530-0004-00 241629 LAKESHORE DR MUSKEGON MI 49441 $33,320
61-24-205-530-0005-00 241637 LAKESHORE DR MUSKEGON MI 49441 $45,316
61-24-205-531-0001-00 241915 FRISBIE ST MUSKEGON MI 49441 $0
61-24-205-585-0001-00 241490 LAKESHORE DR $0
61-24-205-592-0001-00 241630 LAKESHORE DR MUSKEGON MI 49441 $0
61-24-205-596-0001-00 241812 LAKESHORE DR MUSKEGON MI 49441 $58,224
61-24-205-596-0001-10 241824 LAKESHORE DR MUSKEGON MI 49441 $25,086
61-24-205-596-0001-20 241830 LAKESHORE DR MUSKEGON MI 49441 $25,878
61-24-205-596-0002-00 241836 LAKESHORE DR MUSKEGON MI 49441 $41,978
61-24-205-596-0002-10 241864 LAKESHORE DR MUSKEGON MI 49441 $107,631
61-24-205-596-0002-30 241878 LAKESHORE DR MUSKEGON MI 49441 $23,242
61-24-205-596-0002-40 241888 LAKESHORE DR MUSKEGON MI 49441 $27,826
61-24-205-596-0003-00 241896 LAKESHORE DR MUSKEGON MI 49441 $25,615
61-24-205-596-0003-10 241904 LAKESHORE DR MUSKEGON MI 49441 $24,599
61-24-205-596-0003-20 241910 LAKESHORE DR MUSKEGON MI 49441 $38,836
61-24-205-596-0004-00 241930 LAKESHORE DR MUSKEGON MI 49441 $107,320
61-24-205-596-0004-20 241950 LAKESHORE DR MUSKEGON MI 49441 $64,900
61-24-205-596-0005-00 241988 LAKESHORE DR MUSKEGON MI 49441 $51,200
61-24-205-596-0007-00 242020 LAKESHORE DR MUSKEGON MI 49441 $12,339
61-24-205-596-0008-00 241920 LAKESHORE DR MUSKEGON MI 49441 $1,721,974
61-24-205-597-0001-00 242034 LAKESHORE DR MUSKEGON MI 49441 $33,800
61-24-205-597-0004-00 242054 LAKESHORE DR MUSKEGON MI 49441 $45,928
61-24-205-597-0005-00 242080 LAKESHORE DR MUSKEGON MI 49441 $51,202
61-24-205-597-0008-00 242090 LAKESHORE DR MUSKEGON MI 49441 $0
61-24-205-597-0010-00 242116 LAKESHORE DR MUSKEGON MI 49441 $45,177
61-24-205-597-0011-00 242124 LAKESHORE DR MUSKEGON MI 49441 $20,323
61-24-205-597-0011-10 242130 LAKESHORE DR MUSKEGON MI 49441 $25,581
61-24-205-597-0012-00 242136 LAKESHORE DR MUSKEGON MI 49441 $27,307
61-24-205-597-0013-00 242144 LAKESHORE DR MUSKEGON MI 49441 $35,655
61-24-205-597-0014-00 242152 LAKESHORE DR MUSKEGON MI 49441 $26,470
61-24-205-597-0015-00 242160 LAKESHORE DR MUSKEGON MI 49441 $39,985
61-24-205-597-0017-00 242182 LAKESHORE DR MUSKEGON MI 49441 $358,492
61-24-205-609-0001-00 241682 LAKESHORE DR MUSKEGON MI 49441 $0
61-24-205-609-0002-00 241700 LAKESHORE DR MUSKEGON MI 49441 $147,900
61-24-205-609-0005-00 241716 LAKESHORE DR MUSKEGON MI 49441 $47,800
61-24-205-609-0006-00 241724 LAKESHORE DR MUSKEGON MI 49441 $26,517
61-24-205-609-0007-00 241732 LAKESHORE DR MUSKEGON MI 49441 $30,320
61-24-205-609-0008-00 241742 LAKESHORE DR MUSKEGON MI 49441 $27,575
61-24-205-609-0009-00 241748 LAKESHORE DR MUSKEGON MI 49441 $37,576
61-24-205-609-0010-00 241756 LAKESHORE DR MUSKEGON MI 49441 $132,508
61-24-205-609-0013-00 241786 LAKESHORE DR MUSKEGON MI 49441 $37,000
61-24-205-610-0001-00 241705 LAKESHORE DR MUSKEGON MI 49441 $0
61-24-205-611-0021-00 241763 LAKESHORE DR MUSKEGON MI 49441 $60,773
61-24-205-611-0021-40 241737 LAKESHORE DR MUSKEGON MI 49441 $0
61-24-205-622-0021-00 241777 LAKESHORE DR MUSKEGON MI 49441 $0
61-24-205-624-0001-00 241831 LAKESHORE DR MUSKEGON MI 49441 $0
61-24-205-624-0003-00 241845 LAKESHORE DR MUSKEGON MI 49441 $104,660
61-24-205-625-0001-00 241883 LAKESHORE DR MUSKEGON MI 49441 $46,943
61-24-205-625-0002-00 241891 LAKESHORE DR MUSKEGON MI 49441 $41,075
61-24-205-625-0003-00 241899 LAKESHORE DR MUSKEGON MI 49441 $36,652
61-24-205-625-0004-00 241905 LAKESHORE DR MUSKEGON MI 49441 $41,300
61-24-205-627-0001-00 241927 LAKESHORE DR MUSKEGON MI 49441 $70,829
22c_Lakeside CIA Taxable Values Parcel List.xls
2
61-24-205-627-0002-00 241937 LAKESHORE DR MUSKEGON MI 49441 $25,000
61-24-205-627-0003-00 241945 LAKESHORE DR MUSKEGON MI 49441 $71,207
61-24-205-627-0004-00 241953 LAKESHORE DR MUSKEGON MI 49441 $95,856
61-24-205-627-0005-00 241965 LAKESHORE DR MUSKEGON MI 49441 $92,695
61-24-205-635-0001-00 241983 LAKESHORE DR MUSKEGON MI 49441 $100,893
61-24-205-635-0002-00 241991 LAKESHORE DR MUSKEGON MI 49441 $278,891
61-24-205-635-0006-00 242009 LAKESHORE DR MUSKEGON MI 49441 $32,245
61-24-205-635-0007-00 242017 LAKESHORE DR MUSKEGON MI 49441 $149,177
61-24-205-636-0001-00 242033 LAKESHORE DR MUSKEGON MI 49441 $31,545
61-24-205-636-0002-00 242043 LAKESHORE DR MUSKEGON MI 49441 $31,483
61-24-205-636-0003-00 242055 LAKESHORE DR MUSKEGON MI 49441 $31,207
61-24-205-636-0004-00 242063 LAKESHORE DR MUSKEGON MI 49441 $27,307
61-24-205-636-0005-00 242075 LAKESHORE DR MUSKEGON MI 49441 $39,832
61-24-205-636-0007-00 242085 LAKESHORE DR MUSKEGON MI 49441 $39,158
61-24-205-641-0001-00 242111 LAKESHORE DR MUSKEGON MI 49441 $70,889
61-24-205-641-0001-10 242117 LAKESHORE DR MUSKEGON MI 49441 $49,653
61-24-205-641-0001-50 242123 LAKESHORE DR MUSKEGON MI 49441 $60,455
61-24-205-641-0002-00 242125 LAKESHORE DR MUSKEGON MI 49441 $55,618
61-24-205-641-0002-10 242133 LAKESHORE DR MUSKEGON MI 49441 $49,728
61-24-205-641-0005-00 242187 LAKESHORE DR MUSKEGON MI 49441 $53,645
61-24-205-658-0001-00 242205 LAKESHORE DR MUSKEGON MI 49441 $48,987
61-24-205-658-0001-10 242211 LAKESHORE DR MUSKEGON MI 49441 $34,294
61-24-205-658-0002-00 242223 LAKESHORE DR MUSKEGON MI 49441 $58,521
61-24-205-658-0003-00 242235 LAKESHORE DR MUSKEGON MI 49441 $71,319
61-24-205-658-0004-00 242245 LAKESHORE DR MUSKEGON MI 49441 $60,200
61-24-205-664-0001-00 242311 LAKESHORE DR MUSKEGON MI 49441 $15,600
61-24-205-664-0009-00 242333 LAKESHORE DR MUSKEGON MI 49441 $32,042
61-24-205-664-0011-00 242341 LAKESHORE DR MUSKEGON MI 49441 $36,298
61-24-205-664-0015-00 242355 LAKESHORE DR MUSKEGON MI 49441 $35,970
61-24-205-664-0018-00 242363 LAKESHORE DR MUSKEGON MI 49441 $10,000
61-24-205-664-0020-00 242371 LAKESHORE DR MUSKEGON MI 49441 $22,500
61-24-205-677-0001-00 242425 LAKESHORE DR MUSKEGON MI 49441 $20,000
61-24-205-677-0004-00 242441 LAKESHORE DR MUSKEGON MI 49441 $12,500
61-24-205-677-0005-00 242445 LAKESHORE DR MUSKEGON MI 49441 $58,812
61-24-205-678-0001-00 242471 LAKESHORE DR MUSKEGON MI 49441 $38,479
61-24-205-678-0001-02 242465 LAKESHORE DR MUSKEGON MI 49441 $59,503
61-24-490-000-0001-00 242143 LAKESHORE DR MUSKEGON MI 49441 $31,203
61-24-490-000-0002-00 242155 LAKESHORE DR MUSKEGON MI 49441 $53,000
61-24-490-000-0003-00 242159 LAKESHORE DR MUSKEGON MI 49441 $32,100
61-24-490-000-0004-00 242167 LAKESHORE DR MUSKEGON MI 49441 $6,279
61-24-490-000-0005-00 242173 LAKESHORE DR MUSKEGON MI 49441 $5,613
61-24-540-001-0001-00 242275 LAKESHORE DR MUSKEGON MI 49441 $28,000
61-24-540-001-0006-00 242257 LAKESHORE DR MUSKEGON MI 49441 $47,304
$6,594,883
22c_Lakeside CIA Taxable Values Parcel List.xls
30 Year TIF Table Lakeside Corridor Improvement Authority
Estimates 1.5% Annualized Average Taxable Value Increment
Year TV TV Gain TIF Revenues
2021 (Base Year) $ 6,594,883.00 $ - $ -
2022 $ 6,693,806.25 $ 98,923.24 $ 2,489.62
2023 $ 6,794,213.34 $ 199,330.34 $ 5,016.59
2024 $ 6,896,126.54 $ 301,243.54 $ 7,581.46
2025 $ 6,999,568.44 $ 404,685.44 $ 10,184.80
2026 $ 7,104,561.96 $ 509,678.96 $ 12,827.19
2027 $ 7,211,130.39 $ 616,247.39 $ 15,509.22
2028 $ 7,319,297.35 $ 724,414.35 $ 18,231.48
2029 $ 7,429,086.81 $ 834,203.81 $ 20,994.57
2030 $ 7,540,523.11 $ 945,640.11 $ 23,799.11
2031 $ 7,653,630.96 $ 1,058,747.96 $ 26,645.72
2032 $ 7,768,435.42 $ 1,173,552.42 $ 29,535.03
2033 $ 7,884,961.95 $ 1,290,078.95 $ 32,467.68
2034 $ 8,003,236.38 $ 1,408,353.38 $ 35,444.31
2035 $ 8,123,284.93 $ 1,528,401.93 $ 38,465.60
2036 $ 8,245,134.20 $ 1,650,251.20 $ 41,532.20
2037 $ 8,368,811.22 $ 1,773,928.22 $ 44,644.81
2038 $ 8,494,343.38 $ 1,899,460.38 $ 47,804.10
2039 $ 8,621,758.53 $ 2,026,875.53 $ 51,010.78
2040 $ 8,751,084.91 $ 2,156,201.91 $ 54,265.56
2041 $ 8,882,351.19 $ 2,287,468.19 $ 57,569.17
2042 $ 9,015,586.45 $ 2,420,703.45 $ 60,922.33
2043 $ 9,150,820.25 $ 2,555,937.25 $ 64,325.78
2044 $ 9,288,082.55 $ 2,693,199.55 $ 67,780.29
2045 $ 9,427,403.79 $ 2,832,520.79 $ 71,286.62
2046 $ 9,568,814.85 $ 2,973,931.85 $ 74,845.54
2047 $ 9,712,347.07 $ 3,117,464.07 $ 78,457.84
2048 $ 9,858,032.28 $ 3,263,149.28 $ 82,124.33
2049 $ 10,005,902.76 $ 3,411,019.76 $ 85,845.82
2050 $ 10,155,991.30 $ 3,561,108.30 $ 89,623.12
2051 $ 10,308,331.17 $ 3,713,448.17 $ 93,457.09
PLAN TOTALS $ 3,713,448.17 $ 1,344,687.77
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 14, 2021 Title: Housing Board of Appeals Demolitions
Submitted By: Director Jeffrey Lewis Department: Public Safety/Safebuilt
Brief Summary: HBA approved the demolition of 238 Houston
Detailed Summary: This is to request that the City Commission concur with the findings of the
Housing Board of Appeals that the structure located at 238 Houston, is unsafe, substandard, a
public nuisance and that it be demolished within thirty (30) days. It is further requested that
administration be directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with the lowest
responsible bidder or staff may issue infraction tickets to the owner, agent, or responsible party if
they do not demolish the structure.
Amount Requested: Bids Amount Budgeted: not applicable (if needed)
Fund(s) or Account(s): 101-50387-5356 Fund(s) or Account(s):
Recommended Motion: Staff recommends that the City Commission concur with HBA to demo of
238 Houston and approval from commission to accept bid on this demolition.
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: December 14, 2021 Title: 2022 SEIU Unit 2 Contract
Submitted By: LeighAnn Mikesell Department: City Manager’s Office
Brief Summary: Staff is seeking approval of the proposed collective bargaining agreement with the
Service Employees International Union Unit 2.
Detailed Summary: City staff and Service Employees International Union Unit 2 representatives
have agreed upon new contract items that would take effect January 1, 2022. A summary of the
tentative agreements and wage scale is attached, and the SEIU Unit 2 has ratified the contract.
The new wage scale provides more parity among classifications over time. The formal agreement
will be prepared by counsel. The new agreement is beneficial to both parties and does not have a
financial impact on the current budget. Staff is prepared to begin implementing the provisions of
the contract on January 1, 2022.
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 collective bargaining agreement with the Service
Employees International Union Unit 2 as presented.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
2021
SALARIED RANGE Start 6 Months 1 Year 2 Years 3 Years 4 Years 5 Years
Chief Water Operator 1 $ 60,361.00 $ 62,875.00 $ 65,390.00 $ 67,906.00 $ 70,420.00 $ 72,936.00 $ 75,451.00
Building Inspector 2 $ 56,800.00 $ 58,546.00 $ 60,290.00 $ 62,031.00 $ 63,777.00 $ 65,523.00 $ 67,265.00
Electrical Inspector
Plumbing/Mechanical Inspector
Water Filtration Maintenance Worker 3 $ 47,434.00 $ 49,231.00 $ 51,025.00 $ 52,822.00 $ 54,617.00 $ 56,412.00 $ 58,208.00
Electronics Technician 4 $ 45,371.00 $ 47,020.00 $ 48,672.00 $ 50,323.00 $ 51,974.00 $ 53,623.00 $ 55,275.00
Heating Inspector
Housing Inspector
Housing Rehab Inspector
Maintance Electrician
Water Filtration Plant Operator
Civil Engineer
Chemist 5 $ 43,619.00 $ 45,197.00 $ 46,773.00 $ 48,353.00 $ 49,928.00 $ 51,510.00 $ 53,085.00
Senior Engineering Aid 6 $ 42,065.00 $ 43,577.00 $ 45,090.00 $ 46,600.00 $ 48,116.00 $ 49,627.00 $ 51,136.00
Zoning Environmental Inspector
Maintenance Operator II 7 $ 40,952.00 $ 42,417.00 $ 43,884.00 $ 45,351.00 $ 46,815.00 $ 48,281.00 $ 49,746.00
Environmental Inspector 8 $ 39,927.00 $ 41,354.00 $ 42,777.00 $ 44,200.00 $ 45,624.00 $ 47,047.00 $ 48,471.00
Engineering Aide I 9 $ 38,196.00 $ 39,476.00 $ 40,761.00 $ 42,043.00 $ 43,327.00 $ 44,609.00 $ 45,890.00
Custodian 10 $ 31,530.00 $ 32,601.00 $ 33,675.00 $ 34,746.00 $ 35,824.00 $ 36,898.00 $ 37,970.00
LSM 3 with Tree Trimmer 11 $ 23.59 $ 24.10 $ 24.61 $ 25.13 $ 25.66 $ 26.18 $ 26.69
LSM 3 12 $ 21.28 $ 21.80 $ 22.32 $ 22.82 $ 23.37 $ 23.88 $ 24.39
Horticulturalist 13 $ 20.91 $ 21.45 $ 21.95 $ 22.53 $ 23.04 $ 23.59 $ 24.11
Equipment Operator 14 $ 20.07 $ 20.58 $ 21.11 $ 21.61 $ 22.10 $ 22.61 $ 23.11
Inventory and Stock Clerk
LSM 2 with CDL
Maintenance Welder
Mechanic
Sign Fabricator
Traffic Sign Maintenance Worker
Water Meter Service Worker
Water/Sewer Maintenance Worker
LSM 2 15 $ 19.82 $ 20.32 $ 20.81 $ 21.31 $ 21.80 $ 22.32 $ 22.79
Small Equipment Mechanic
LSM 1 16 $ 19.10 $ 19.57 $ 20.05 $ 20.53 $ 21.03 $ 21.50 $ 21.96
Meter Reader
Mechanic's Assistant 17 $ 18.48 $ 18.94 $ 19.39 $ 19.87 $ 20.34 $ 20.80 $ 21.24
Laborer 18 $ 18.11 $ 18.57 $ 19.06 $ 19.47 $ 19.93 $ 20.41 $ 20.86
2022
SALARIED RANGE Start 6 Months 1 Year 2 Years 3 Years 4 Years 5 Years
Chief Water Operator 1 $ 63,379.05 $ 66,018.75 $ 68,659.50 $ 71,301.30 $ 73,941.00 $ 76,582.80 $ 79,223.55 5%
Building Inspector 2 $ 59,640.00 $ 61,473.30 $ 63,304.50 $ 65,132.55 $ 66,965.85 $ 68,799.15 $ 70,628.25 5%
Electrical Inspector
Plumbing/Mechanical Inspector
Water Filtration Maintenance Worker 3 $ 50,754.38 $ 52,677.17 $ 54,596.75 $ 56,519.54 $ 58,440.19 $ 60,360.84 $ 62,282.56 7%
Electronics Technician 4 $ 47,639.55 $ 49,371.00 $ 51,105.60 $ 52,839.15 $ 54,572.70 $ 56,304.15 $ 58,038.75 5%
Heating Inspector
Housing Inspector
Housing Rehab Inspector
Maintance Electrician
Water Filtration Plant Operator
Civil Engineer
Chemist 5 $ 45,799.95 $ 47,456.85 $ 49,111.65 $ 50,770.65 $ 52,424.40 $ 54,085.50 $ 55,739.25 5%
Senior Engineering Aid 6 $ 44,168.25 $ 45,755.85 $ 47,344.50 $ 48,930.00 $ 50,521.80 $ 52,108.35 $ 53,692.80 5%
Zoning Environmental Inspector
Maintenance Operator II 7 $ 42,999.60 $ 44,537.85 $ 46,078.20 $ 47,618.55 $ 49,155.75 $ 50,695.05 $ 52,233.30 5%
Environmental Inspector 8 $ 41,923.35 $ 43,421.70 $ 44,915.85 $ 46,410.00 $ 47,905.20 $ 49,399.35 $ 50,894.55 5%
Engineering Aide I 9 $ 40,105.80 $ 41,449.80 $ 42,799.05 $ 44,145.15 $ 45,493.35 $ 46,839.45 $ 48,184.50 5%
Custodian 10 $ 33,106.50 $ 34,231.05 $ 35,358.75 $ 36,483.30 $ 37,615.20 $ 38,742.90 $ 39,868.50 5%
LSM 3 with Tree Trimmer 11 $ 24.77 $ 25.31 $ 25.84 $ 26.39 $ 26.94 $ 27.49 $ 28.02 5%
LSM 3 12 $ 22.77 $ 23.33 $ 23.88 $ 24.42 $ 25.01 $ 25.55 $ 26.10 7%
Horticulturalist 13 $ 22.37 $ 22.95 $ 23.49 $ 24.11 $ 24.65 $ 25.24 $ 25.80 7%
Equipment Operator 14 $ 21.47 $ 22.02 $ 22.59 $ 23.12 $ 23.65 $ 24.19 $ 24.73 7%
Inventory and Stock Clerk
LSM 2 with CDL
Maintenance Welder
Mechanic
Sign Fabricator
Traffic Sign Maintenance Worker
Water Meter Service Worker
Water/Sewer Maintenance Worker
LSM 2 15 $ 21.21 $ 21.74 $ 22.27 $ 22.80 $ 23.33 $ 23.88 $ 24.39 7%
Small Equipment Mechanic
LSM 1 16 $ 20.44 $ 20.94 $ 21.45 $ 21.97 $ 22.50 $ 23.01 $ 23.50 7%
Meter Reader
Mechanic's Assistant 17 $ 19.77 $ 20.27 $ 20.75 $ 21.26 $ 21.76 $ 22.26 $ 22.73 7%
Laborer 18 $ 19.20 $ 19.68 $ 20.20 $ 20.64 $ 21.13 $ 21.63 $ 22.11 6%
2023
SALARIED RANGE Start 6 Months 1 Year 2 Years 3 Years 4 Years 5 Years
Chief Water Operator 1 $ 65,914.21 $ 68,659.50 $ 71,405.88 $ 74,153.35 $ 76,898.64 $ 79,646.11 $ 82,392.49 4%
Building Inspector 2 $ 62,025.60 $ 63,932.23 $ 65,836.68 $ 67,737.85 $ 69,644.48 $ 71,551.12 $ 73,453.38 4%
Electrical Inspector
Plumbing/Mechanical Inspector
Water Filtration Maintenance Worker 3 $ 53,292.10 $ 55,311.03 $ 57,326.59 $ 59,345.52 $ 61,362.20 $ 63,378.88 $ 65,396.69 5%
Electronics Technician 4 $ 49,545.13 $ 51,345.84 $ 53,149.82 $ 54,952.72 $ 56,755.61 $ 58,556.32 $ 60,360.30 4%
Heating Inspector
Housing Inspector
Housing Rehab Inspector
Maintance Electrician
Water Filtration Plant Operator
Civil Engineer
Chemist 5 $ 47,631.95 $ 49,355.12 $ 51,076.12 $ 52,801.48 $ 54,521.38 $ 56,248.92 $ 57,968.82 4%
Senior Engineering Aid 6 $ 45,934.98 $ 47,586.08 $ 49,238.28 $ 50,887.20 $ 52,542.67 $ 54,192.68 $ 55,840.51 4%
Zoning Environmental Inspector
Maintenance Operator II 7 $ 44,719.58 $ 46,319.36 $ 47,921.33 $ 49,523.29 $ 51,121.98 $ 52,722.85 $ 54,322.63 4%
Environmental Inspector 8 $ 43,600.28 $ 45,158.57 $ 46,712.48 $ 48,266.40 $ 49,821.41 $ 51,375.32 $ 52,930.33 4%
Engineering Aide I 9 $ 41,710.03 $ 43,107.79 $ 44,511.01 $ 45,910.96 $ 47,313.08 $ 48,713.03 $ 50,111.88 4%
Custodian 10 $ 34,430.76 $ 35,600.29 $ 36,773.10 $ 37,942.63 $ 39,119.81 $ 40,292.62 $ 41,463.24 4%
LSM 3 with Tree Trimmer 11 $ 25.76 $ 26.32 $ 26.87 $ 27.44 $ 28.02 $ 28.59 $ 29.15 4%
LSM 3 12 $ 23.91 $ 24.49 $ 25.08 $ 25.64 $ 26.26 $ 26.83 $ 27.40 5%
Horticulturalist 13 $ 23.49 $ 24.10 $ 24.66 $ 25.31 $ 25.89 $ 26.50 $ 27.09 5%
Equipment Operator 14 $ 22.55 $ 23.12 $ 23.72 $ 24.28 $ 24.83 $ 25.40 $ 25.96 5%
Inventory and Stock Clerk
LSM 2 with CDL
Maintenance Welder
Mechanic
Sign Fabricator
Traffic Sign Maintenance Worker
Water Meter Service Worker
Water/Sewer Maintenance Worker
LSM 2 15 $ 22.27 $ 22.83 $ 23.38 $ 23.94 $ 24.49 $ 25.08 $ 25.60 5%
Small Equipment Mechanic
LSM 1 16 $ 21.46 $ 21.99 $ 22.53 $ 23.07 $ 23.63 $ 24.16 $ 24.67 5%
Meter Reader
Mechanic's Assistant 17 $ 20.76 $ 21.28 $ 21.78 $ 22.32 $ 22.85 $ 23.37 $ 23.86 5%
Laborer 18 $ 19.77 $ 20.27 $ 20.81 $ 21.26 $ 21.76 $ 22.28 $ 22.77 3%
2024
SALARIED RANGE Start 6 Months 1 Year 2 Years 3 Years 4 Years 5 Years
Chief Water Operator 1 $ 67,891.64 $ 70,719.29 $ 73,548.06 $ 76,377.95 $ 79,205.60 $ 82,035.50 $ 84,864.27 3%
Building Inspector 2 $ 63,886.37 $ 65,850.20 $ 67,811.78 $ 69,769.99 $ 71,733.82 $ 73,697.65 $ 75,656.98 3%
Electrical Inspector
Plumbing/Mechanical Inspector
Water Filtration Maintenance Worker 3 $ 55,956.70 $ 58,076.58 $ 60,192.92 $ 62,312.79 $ 64,430.31 $ 66,547.83 $ 68,666.52 5%
Electronics Technician 4 $ 51,031.49 $ 52,886.22 $ 54,744.32 $ 56,601.30 $ 58,458.28 $ 60,313.01 $ 62,171.11 3%
Heating Inspector
Housing Inspector
Housing Rehab Inspector
Maintance Electrician
Water Filtration Plant Operator
Civil Engineer
Chemist 5 $ 49,060.91 $ 50,835.78 $ 52,608.40 $ 54,385.52 $ 56,157.02 $ 57,936.39 $ 59,707.88 3%
Senior Engineering Aid 6 $ 47,313.03 $ 49,013.67 $ 50,715.43 $ 52,413.82 $ 54,118.95 $ 55,818.46 $ 57,515.73 3%
Zoning Environmental Inspector
Maintenance Operator II 7 $ 46,061.17 $ 47,708.94 $ 49,358.97 $ 51,008.99 $ 52,655.64 $ 54,304.54 $ 55,952.31 3%
Environmental Inspector 8 $ 44,908.29 $ 46,513.33 $ 48,113.86 $ 49,714.39 $ 51,316.05 $ 52,916.58 $ 54,518.24 3%
Engineering Aide I 9 $ 42,961.33 $ 44,401.03 $ 45,846.34 $ 47,288.28 $ 48,732.48 $ 50,174.42 $ 51,615.24 3%
Custodian 10 $ 35,463.68 $ 36,668.30 $ 37,876.29 $ 39,080.91 $ 40,293.40 $ 41,501.39 $ 42,707.14 3%
LSM 3 with Tree Trimmer 11 $ 26.53 $ 27.11 $ 27.68 $ 28.27 $ 28.86 $ 29.45 $ 30.02 3%
LSM 3 12 $ 25.10 $ 25.72 $ 26.33 $ 26.92 $ 27.57 $ 28.17 $ 28.77 5%
Horticulturalist 13 $ 24.67 $ 25.30 $ 25.89 $ 26.58 $ 27.18 $ 27.83 $ 28.44 5%
Equipment Operator 14 $ 23.68 $ 24.28 $ 24.90 $ 25.49 $ 26.07 $ 26.67 $ 27.26 5%
Inventory and Stock Clerk
LSM 2 with CDL
Maintenance Welder
Mechanic
Sign Fabricator
Traffic Sign Maintenance Worker
Water Meter Service Worker
Water/Sewer Maintenance Worker
LSM 2 15 $ 23.38 $ 23.97 $ 24.55 $ 25.14 $ 25.72 $ 26.33 $ 26.88 5%
Small Equipment Mechanic
LSM 1 16 $ 22.53 $ 23.09 $ 23.65 $ 24.22 $ 24.81 $ 25.36 $ 25.91 5%
Meter Reader
Mechanic's Assistant 17 $ 21.80 $ 22.34 $ 22.87 $ 23.44 $ 23.99 $ 24.54 $ 25.06 5%
Laborer 18 $ 20.17 $ 20.68 $ 21.23 $ 21.68 $ 22.19 $ 22.73 $ 23.23 2%
2025
SALARIED RANGE Start 6 Months 1 Year 2 Years 3 Years 4 Years 5 Years
Chief Water Operator 1 $ 69,928.39 $ 72,840.86 $ 75,754.50 $ 78,669.29 $ 81,581.77 $ 84,496.56 $ 87,410.19 3%
Building Inspector 2 $ 65,802.96 $ 67,825.70 $ 69,846.13 $ 71,863.09 $ 73,885.83 $ 75,908.58 $ 77,926.69 3%
Electrical Inspector
Plumbing/Mechanical Inspector
Water Filtration Maintenance Worker 3 $ 57,635.41 $ 59,818.88 $ 61,998.70 $ 64,182.18 $ 66,363.22 $ 68,544.26 $ 70,726.52 3%
Electronics Technician 4 $ 52,562.43 $ 54,472.80 $ 56,386.65 $ 58,299.34 $ 60,212.02 $ 62,122.40 $ 64,036.24 3%
Heating Inspector
Housing Inspector
Housing Rehab Inspector
Maintance Electrician
Water Filtration Plant Operator
Civil Engineer
Chemist 5 $ 50,532.73 $ 52,360.85 $ 54,186.65 $ 56,017.09 $ 57,841.73 $ 59,674.48 $ 61,499.12 3%
Senior Engineering Aid 6 $ 48,732.42 $ 50,484.08 $ 52,236.89 $ 53,986.23 $ 55,742.52 $ 57,493.02 $ 59,241.20 3%
Zoning Environmental Inspector
Maintenance Operator II 7 $ 47,443.01 $ 49,140.21 $ 50,839.74 $ 52,539.26 $ 54,235.31 $ 55,933.67 $ 57,630.88 3%
Environmental Inspector 8 $ 46,255.54 $ 47,908.72 $ 49,557.27 $ 51,205.82 $ 52,855.53 $ 54,504.08 $ 56,153.79 3%
Engineering Aide I 9 $ 44,250.17 $ 45,733.06 $ 47,221.73 $ 48,706.93 $ 50,194.45 $ 51,679.65 $ 53,163.69 3%
Custodian 10 $ 36,527.59 $ 37,768.35 $ 39,012.58 $ 40,253.34 $ 41,502.20 $ 42,746.44 $ 43,988.35 3%
LSM 3 with Tree Trimmer 11 $ 27.33 $ 27.92 $ 28.51 $ 29.11 $ 29.73 $ 30.33 $ 30.92 3%
LSM 3 12 $ 25.86 $ 26.49 $ 27.12 $ 27.73 $ 28.40 $ 29.02 $ 29.64 3%
Horticulturalist 13 $ 25.41 $ 26.06 $ 26.67 $ 27.38 $ 28.00 $ 28.66 $ 29.30 3%
Equipment Operator 14 $ 24.39 $ 25.01 $ 25.65 $ 26.26 $ 26.85 $ 27.47 $ 28.08 3%
Inventory and Stock Clerk
LSM 2 with CDL
Maintenance Welder
Mechanic
Sign Fabricator
Traffic Sign Maintenance Worker
Water Meter Service Worker
Water/Sewer Maintenance Worker
LSM 2 15 $ 24.08 $ 24.69 $ 25.29 $ 25.89 $ 26.49 $ 27.12 $ 27.69 3%
Small Equipment Mechanic
LSM 1 16 $ 23.21 $ 23.78 $ 24.36 $ 24.95 $ 25.55 $ 26.12 $ 26.68 3%
Meter Reader
Mechanic's Assistant 17 $ 22.45 $ 23.01 $ 23.56 $ 24.14 $ 24.71 $ 25.27 $ 25.81 3%
Laborer 18 $ 20.77 $ 21.30 $ 21.86 $ 22.33 $ 22.86 $ 23.41 $ 23.93 3%
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